Sometimes, a change of direction is a good thing. The phaseout of HCFC-225 is set for January 1, 2015. Restrictions will impact manufacturing because either you or someone in your supply chain may use HCFC-225 for critical cleaning. In a move that gives manufacturers just a little relief, the EPA has formally proposed a rule that affects the HCFC-225 phaseout. The rule, effectively a double-reverse from its initial position, will now allow virgin HCFC-225 that is in a manufacturer’s inventory on December 31, 2014, to continue to be used as a cleaning solvent. The comment period is open until March 10,2014.
The HCFC-225 phaseout is Federally and globally mandated because the chemical depletes the level of stratospheric ozone—it’s going to happen. For the past two years, the stated, but not yet codified EPA position, had been that unused (virgin) HCFC-225 could not be produced, sold, or USED after the January 1, 2015 phaseout date (1). Uses were allowed only for recycled material or solvent that had already been incorporated into a product such as an aerosol dispenser or pre-packaged wipes. The US EPA interpreted those exceptions based on section 605(a) of the Clean Air Act (CAA) distinguishing between the substance (i.e. HCFC-225) and a product containing the substance (e.g. an aerosol can).
We ourselves have felt that an approach that would allow totally emissive aerosols while precluding use of virgin HCFC-225 in relatively well-contained degreasers is what could be most kindly described as counter-intuitive.
De minimus
The new proposed rule that authorizes continued use of HCFC-225 already in inventory (2) is based on a de minimus doctrine that was developed to prevent trivial items from draining the time of the courts. The de minimis principle “is a cousin of the doctrine that, notwithstanding the ‘plain meaning’ of a statute, a court must look beyond the words to the purpose of the act where its literal terms lead to ‘absurd or futile results.’ ”
Among the arguments in the proposed rule is that if the EPA did not allow the de minimusexception, companies could have converted their inventory to used or recycled material anyway, so that the exception would not really significantly reduce emissions.
The concepts of de minimus and zero tolerance impact not only the venues of environmental regulations and worker safety rules, but also manufacturing. For more about this topic, please see our column scheduled for the February, 2014 issue of “Controlled Environments Magazine (3).” You don’t receive Controlled Environments?” Go to the website and sign up. It’s free and you’ll find it to be a useful resource.
Get the details
We’re keeping it simple – emphasizing what is most pertinent to manufacturers doing critical cleaning operations. The HCFC-225 phaseout is complex; it encompasses things like production, sale, importation, transport, usage, and product labeling requirements. You can learn more details by perusing the proposed rule (2).
Vote!
Commenting to the EPA is like voting. You should look over the EPA proposal and respond. Because there was a request for a public hearing, the comment time was extended from February 24th to March 10, 2014. Based on previous phaseouts, claiming there is no substitute in any known or undiscovered dimension of the universe is not likely to be an effective tactic. The public hearing will be at EPA headquarters in Washington D.C on January 23. If you want to attend, contact whiteley.elizabeth@epa.gov.
Get a move on!
If use HCFC-225 for solvent cleaning and have not yet found an acceptable alternative, the ruling, if finalized, gives you a little more time. If you have not yet started looking at alternatives, why not? A miracle, drop-in substitute is highly unlikely. We suggest you get started testing alternative processes – a few months ago!
We’ll keep you posted
I’ll discuss the phaseout, including the latest regulatory updates, alternative processes, and testing ideas, at the IPC APEX program in March (please see Knowledge is Power section of this newsletter). In the meantime, if you have questions, please give us a call.
References
1. B. Kanegsberg, “Breaking News: More Restrictions on HCFC 225 for Cleaning,” Clean Source, September 2012.
2. Recent Proposed Rule for HCFC-225; Federal Register, December 24, 2013 (See section 3B(1) ).
3. B. Kanegsberg and E. Kanegsberg, “Contamination Control In and Out of the Cleanroom: Zero Tolerance, Bans, and De Minimis,” Controlled Environments Magazine, expected publication February 2014.
