The laboratory and analytical use exemption allows the continued production and import of small amounts of class I ozone-depleting substances (ODS) for use in essential laboratory and analytical procedures. The EPA is proposing to indefinitely extend the exemption, which currently expires December 31, 2021. This exemption does not apply to class II ODS (i.e., HCFCs).

Laboratory uses include:

• Equipment calibration
• Extraction solvent, diluent, or carrier for chemical analysis
• Biochemical research
• Inert solvent for chemical reactions, or as a carrier or laboratory chemical
• Other critical analytical and laboratory purposes

In order to sell class I ODS, laboratory supply distributors must keep and submit reports according to 40 CFR 82.13.

Distributors must:

• Report quarterly the quantity received of each controlled substance from each producer or importer.
• Report quarterly the quantity of each controlled substance purchased by each laboratory customer whose certification was previously provided to the distributor.
• Maintain as records copies of certifications provided by laboratory customers.

Distributors  who only sell the  class I ODS as reference standards for calibrating laboratory analytical equipment may request permission to submit the reports required under paragraph (v) of this section annually rather than quarterly.

In order to purchase class I ODS, laboratory customers must provide the producer, importer, or distributor of the substance with a one-time-per-year certification for each controlled substance, affirming that the substance will only be used for essential laboratory applications and will not be resold or used in manufacturing.

Key Documents

• Federal Register link to the 2020 proposal to extend the exemption indefinitely 
• Federal Register link to the 2015 final rule extending the exemption through December 31, 2021