Chlorofluorocarbons in the United States

Chlorofluorocarbons (CFCs) in Environmental Law

A class of manmade chemicals used as aerosol propellants, refrigerants, fire suppressants, and in the production of packaging materials. CFCs are composed of chlorine, fluorine, and carbon and were originally thought to be a miracle solution to many problems. Unfortunately, the stability of these chemicals has caused significant damage to the environment, resulting in an international effort to phase them out.

CFCs do not break down naturally; they accumulate in the upper atmosphere and react with ultraviolet rays. As ultraviolet radiation reacts with the CFCs, chlorine is released, as well as fluorine. Once the chlorine and fluorine are liberated, they impact ozone. Ozone is a form of oxygen that is comprised of three atoms of oxygen. It is formed in the upper atmosphere as oxygen molecules (with two atoms of oxygen) are broken apart by ultraviolet radiation and then combine with other oxygen molecules. The bond that holds ozone together is weak, and both chlorine and fluorine are highly reactive. They attack and destroy the ozone molecules.

The current concern about CFCs has resulted primarily from their role in depleting stratospheric ozone, though some scientists claim CFCs also contribute to global warming. This phenomenon is a warming of the earth due to solar energy that cannot escape from the earth’s atmosphere. CFCs are thought to be even more effective than carbon dioxide in trapping radiation.

Because the problems caused by CFCs are global, two major international conferences have been held to address them: the Vienna Conference on Substances Which Deplete the Ozone in 1985 and the Montreal Conference on Substances Which Deplete the Ozone in 1987. The latter conference was the most successful, leading to the Montreal Protocol, an agreement signed by over one hundred nations. Developed countries readily agreed to implement the Montreal Protocol, especially in the light of evidence that the problem is worse than it appeared at the time of the Montreal conference. Developing countries, on the other hand, balked at the agreement. They wanted the economic opportunities CFCs had provided for the developed nations. To resolve this conflict, the developed nations have agreed to share their technology with the developing countries.

The United States regulates CFCs under two statutes, the Toxic Substances Control Act and the Clean Air Act Amendments of 1990. The Toxic Substances Control Act (TSCA) lists CFCs as toxic and prohibits their use in aerosols. However, the most powerful statute in this area is the Clean Air Act Amendments, which were adopted in 1990 to include an entire section on regulating chemicals that deplete the ozone. Under the act, most CFCs will be banned by 1996.

Substitutes for CFCs are not readily available, though. Scientists created hydro chlorofluorocarbons (HCFCs), hoping they would cause less damage, but they too have been implicated in ozone depletion and are on the list for elimination. In order to prevent other harmful substances from being introduced as substitutes for the phased out CFCs, the United States established the Significant New Alteratives Program to monitor new compounds.
Based on “Environment and the Law. A Dictionary”.