The Alliance for Responsible Atmospheric Policy has cautioned industry and the public to be certain that their hydrochlorofluorocarbon (HCFC) refrigerant purchases are legal, and to refuse to buy illegally imported refrigerants. The warning was issued because reports have surfaced that illegal HCFC imports may be on the rise, in part, apparently, to meet the demand for the product to service air conditioning equipment.

Purchasers of new HCFCs should verify that an importer is authorized to import HCFCs. Such importers would have been listed as having a baseline consumption allowance in the EPA HCFC Allocation Rule (Jan. 21, 2003; 68 FR 2819), or involved in a subsequent legal trade of consumption allowances. An updated list of allowance holders can be found at http://epa.gov/ozone/title6/allowance .html. The recipient of a trade can show a letter from the EPA acknowledging approval of the trade. Purchasers who question the legitimacy of an HCFC importer should request a copy of the EPA approval letter from the seller. Those involved in the illegal trade of HCFCs are subject to both criminal and civil penalties. Fines of $32,500 per kilogram can be imposed.

"Industry commends the U.S. government for getting focused early on the illegal importation of HCFCs," said David Stirpe, Executive Director of the Alliance. "Purchasers of the illegal refrigerant are at risk. The.government may confiscate any illegally imported refrigerant, even if it has been passed down through the marketplace, and prosecute purchasers who knowingly buy illegal material."

The Alliance for Responsible Atmospheric Policy was organized in 1980 to address the issue of stratospheric ozone depletion. It presently comprises manufacturers and businesses that rely on CFCs, HCFCs and HFCs.

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