SENATE BILL REPORT

SHB 2414

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Rust, D. Sommers, Nelson, Walker, Pruitt, Brekke, Sprenkle, Fraser, Valle, Jacobsen, Van Luven and Phillips)

Regulating ozone-depleting substances.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 14, 1990

Senate Staff:Dawn P. Vyvyan (786-7717)

AS OF FEBRUARY 19, 1990

BACKGROUND:

Chlorofluorocarbons (CFCs) are chemicals used as refrigerants, cleaning solvents, aerosol propellants, and polystyrene blowing agents.  CFCs are nontoxic, nonflammable, noncorrosive, and stable chemicals in the lower atmosphere, where they can persist for up to 100 years.  Because of their longevity, CFCs eventually rise into the upper atmosphere, where they break down from intense solar radiation.  The chlorine and bromine atoms released during this breakdown catalyze the destruction of stratospheric ozone.

Stratospheric ozone, concentrated in an "ozone layer" approximately 15 miles above the earth's surface, helps shield the earth from ultra-violet radiation from the sun.  Studies have shown reductions in stratospheric ozone of between 2 and 6 percent over the past 20 years.  The actual rate of ozone depletion varies with latitude and season.

Increased levels of ultra-violet radiation resulting from a reduction in stratospheric ozone may affect the survival and productivity of plants and marine organisms, and could increase the risk of skin cancer and cataracts in humans.  Increased ultra-violet radiation reaching the earth's surface may also suppress the human immune system.

In 1978, the U.S. Environmental Protection Agency (EPA) restricted the use of CFCs in most aerosol applications.  The Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol), an international agreement signed by over 30 nations and ratified by the United States in 1988, calls for a freeze in CFC production at 1986 levels, and a 50 percent decrease in production by 1998.

EPA, under authority of the Federal Clean Air Act, has adopted rules implementing the Protocol in the United States.  EPA rules limit the production and consumption of ozone depleting chemicals, by implementing an allocated quota system.  EPA has not adopted rules to directly control CFC releases into the atmosphere.

The federal government has recently imposed an excise tax on CFCs.  EPA rules do not currently address recovery and recycling of CFCs.  Several states, including Hawaii, Oregon and Vermont have, over the past year, passed laws that require the development of CFC recovery and recycling programs.

CFC recovery equipment is available from several manufacturers at prices ranging from $1,700 to $15,000.

SUMMARY:

Effective July 1, 1991, refrigerant extraction and recycling equipment shall be used to recover regulated refrigerant that would otherwise be released into the atmosphere.  This applies to persons who service or repair motor vehicle air conditioning systems, commercial or industrial air conditioning, heating, or refrigeration systems, or consumer appliances which use or contain regulated refrigerant.

Effective January 1, 1991, no person may sell or purchase the following:  regulated containers of refrigerant designed for consumer recharge of motor vehicle air conditioners or consumer appliances during repair or service; cleaning sprays designed for noncommercial or nonindustrial cleaning of electronic or photographic equipment that contains CFCs and other ozone-depleting chemicals; and nonessential consumer products, such as party streamers, tire inflators, air horns, and noise makers that contain CFCs or other ozone-depleting chemicals.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested