Illegal CFC Smuggling Destroying Ozone Layer

In early August, Bert Ammons of Stuart, Florida pleaded guilty to violating the Clean Air Act when he attempted to smuggle ninety 30-pound cylinders of CFC-12, also known by its trade name, Freon, in false compartments on his 41-foot boat, Sierra. According to Environmental Protection Agency (EPA) officials, not only did Ammons plan to distribute the chlorofluorocarbons (CFCs) to auto repair shops around Fort Lauderdale, but his ozone-depleting cargo also had a street value of approximately $68,000. If convicted, Ammons faces up to five years in prison and $250,000 in fines.

With millions of dollars in evaded taxes and illegal contraband, not to mention multi-agency federal initiatives with names like "Operation Cool Breeze," it's a wonder no one has written a Hollywood thriller about refrigerant and fire-suppressant smugglers. But what illegal CFCs lack in cultural cachet, they make up for in volume and profitability. Between 1994 and 1997, 6,367 tons of CFC-12 and 24 tons of CFC-113 (used as a fire suppressant) were smuggled across the U.S. border. That comes to $43 million in attempted tax evasion alone.

According to an unnamed official in the EPA's Criminal Enforcement Division, illegal CFCs rank close to cocaine as some of the most profitable contraband coming across the U.S. border. The public may not be aware of it, but "black market CFC smuggling is considered a serious problem," says Jack McQuade, an officer with the U.S. Customs Service.

Over the past 10 years, 173 countries including the U.S. have signed the landmark Montreal Protocol of 1987, a global agreement to phase out ozone-depleting chemicals. But the persistent trade in illegal CFCs is only one sign that ozone recovery is far from a sure thing. Recent scientific findings link global warming to ozone depletion, challenging prevailing assumptions that the ozone hole will begin to recover by the year 2050. In October, a major ozone hole opened for the first time over a populated city, Punta Arenas, Chile.

"Policy makers on down say: 'We solved the ozone layer problem. What's next?'" says Kert Davies, science policy director at Ozone Action, a Washington D.C.-based public interest group. "We did the easy thing: We got rid of the CFCs. But when you try to get people to talk about methyl bromide and ozone depletion, about global warming and ozone depletion, it's like pulling teeth."

Declaring Victory?

No one disputes that stratospheric ozone recovery is one of the environmental movement's great success stories. In the 1970s, scientists first discovered that CFCs and other chemicals could damage the Earth's protective ozone layer, which shields life on Earth from the harmful effects of ultraviolet (UV) radiation. These concerns were substantiated in the 1980s by the discovery of the "ozone hole," a thinning of the ozone layer over Antarctica. Additional studies showed that ozone depletion and the corresponding increase in UV radiation hitting the Earth's surface, can have serious consequences for human health and the environment.

Incorporating science, technology and economics, the Montreal Protocol laid out timetables for every country to phase out production of CFCs. In the U.S., Congress amended the Clean Air Act to comply with treaty goals. The scientific community was also charged with re-evaluating the treaty and making amendments accordingly. In 1987, for example, the Protocol called only for a partial phase-out of ozone-depleting chemicals. But re-evaluations in 1989 resulted in a total phase-out of CFCs. Additional assessments in the 1990s led to a dramatic acceleration of the phase-out of the new chemicals, hydrochlorofluorocarbons (HCFCs) and methyl bromide.

"The ozone depletion issue is a good example of the no-net-harm principle combined with the precautionary principle -- acting on our knowledge when we have the presumption of a problem," says Davies. "We discovered this hole, we thought there was a link to CFCs and we started moving." The time it takes to get the ball rolling on an international treaty is so great, says Davies, that by the time the Protocol was in place, scientists knew even more about ozone depletion and were able to act accordingly.