
§82.3   Definitions.
      Administrator means the Administrator of the United States Environmental Protection Agency or his or her authorized representative. Starting [insert date 60 days from date of publication in the Federal Register] reports and petitions that are available to be submitted through the Central Data Exchange, as well as related supporting documents must be submitted through that tool. Any other reports and communications shall be submitted to Stratospheric Protection Manager, 1200 Pennsylvania Ave., NW., Mail Code: 6205T, Washington, DC 20460.
      Aircraft halon bottle means a vessel used as a component of an aircraft fire suppression system containing halon-1301 or halon-1211 approved under FAA rules for installation in a certificated aircraft.
      Appliance means any device which contains and uses a refrigerant and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer.
      Applicator means the person who applies methyl bromide.
      Approved critical use(s) means those uses of methyl bromide listed in Column A of appendix L to this subpart as further clarified in Columns B and C of that appendix.
      Approved critical user(s) means a person who:
      (1) For the applicable control period, applied to EPA for a critical use exemption or is a member of a consortium that applied to EPA for a critical use exemption for a use and location of use that was included in the U.S. nomination, authorized by a Decision of the Parties to the Montreal Protocol, and then finally determined by EPA in a notice-and-comment rulemaking to be an approved critical use; and
      (2) Has an area in the applicable location of use that requires methyl bromide fumigation because the person reasonably expects that the area will be subject to a limiting critical condition during the applicable control period.
      Article 5 allowances means the allowances apportioned under §§82.9(a), 82.11(a)(2), and 82.18(a).
      Baseline consumption allowances means the consumption allowances apportioned under §§82.6 and 82.19.
      Baseline production allowances means the production allowances apportioned under §§82.5 and 82.17.
      Beijing Amendments means the Montreal Protocol, as amended at the Eleventh Meeting of the Parties to the Montreal Protocol in Beijing in 1999.
      Calculated level means the weighted amount of a controlled substance determined by multiplying the amount (in kilograms) of the controlled substance by that substance's ozone depletion potential (ODP) weight listed in appendix A or appendix B to this subpart.
      Class I refers to the controlled substances listed in appendix A to this subpart.
      Class II refers to the controlled substances listed in appendix B to this subpart.
      Commodity Owner, Shipper or their Agent means the person requesting that an applicator use methyl bromide for quarantine or preshipment applications.
      Completely destroy means to cause the expiration of a controlled substance at a destruction efficiency of 98 percent or greater, using one of the destruction technologies approved by the Parties.
      Central Data Exchange means EPA's centralized electronic document receiving system, or its successors. 
      Confer means to shift the essential-use allowances obtained under §82.8 from the holder of the unexpended essential-use allowances to a person for the production of a specified controlled substance. 
      Consumption allowances means the privileges granted by this subpart to produce and import controlled substances; however, consumption allowances may be used to produce controlled substances only in conjunction with production allowances. A person's consumption allowances for class I substances are the total of the allowances obtained under §§82.6 and 82.7  as may be modified under §82.12 (transfer of allowances). A person's consumption allowances for class II controlled substances are the total of the allowances obtained under §§82.19 and 82.20, as may be modified under §82.23.
      Destruction means the expiration of a controlled substance to the destruction and removal efficiency actually achieved, unless considered completely destroyed as defined in this section. Such destruction might result in a commercially useful end product, but such usefulness would be secondary to the act of destruction. Destruction must be achieved using one of the following controlled processes approved by the Parties to the Protocol:
      (1) Liquid injection incineration;
      (2) Reactor cracking;
      (3) Gaseous/fume oxidation;
      (4) Rotary kiln incineration;
      (5) Cement kiln;
      (6) Radio frequency plasma; 
      (7) Municipal waste incinerators (only for the destruction of foams);
      (8) Nitrogen plasma arc; 
      (9) Portable plasma arc; 
      (10) Argon plasma arc; 
      (11) Chemical reaction with H2 and CO2;
      (12) Inductively coupled radio frequency plasma; 
      (13) Microwave plasma; 
      (14) Porous thermal reactor; 
      (15) Gas phase catalytic de-halogenation; 
      (16) Superheated steam reactor; or
      (17) Thermal reaction with methane.
	Distributor of methyl bromide means the person directly selling a class I, Group VI controlled substance to an applicator.
      Essential Metered Dose Inhaler (Essential MDI) means metered dose inhalers for the treatment of asthma and chronic obstructive pulmonary disease, approved by the Food and Drug Administration or by another Party's analogous health authority before December 31, 2000, and considered to be essential by the Party where the MDI product will eventually be sold. In addition, if the MDI product is to be sold in the U.S., the active moiety contained in the MDI must be listed as essential at 21 CFR 2.125(e).
      Essential-Use Allowances means the privileges granted by §82.4(n) to produce class I substances, as determined by allocation decisions made by the Parties to the Montreal Protocol and in accordance with the restrictions delineated in the Clean Air Act Amendments of 1990.
      Essential-Use Chlorofluorocarbons (Essential-use CFCs) are the CFCs (CFC-11, CFC-12, or CFC-114) produced under the authority of essential-use allowances and not the allowances themselves. Essential-use CFCs include CFCs imported or produced by U.S. entities under the authority of essential-use allowances for use in essential metered dose inhalers, as well as CFCs imported or produced by non-U.S. entities under the authority of privileges granted by the Parties and the national authority of another country for use in essential metered dose inhalers.
      Essential-Uses means those uses of controlled substances designated by the Parties to the Protocol to be necessary for the health and safety of, or critical for the functioning of, society; and for which there are no available technically and economically feasible alternatives or substitutes that are acceptable from the standpoint of environment and health. Beginning January 1, 2000 (January 1, 2002 for methyl chloroform) the essential use designations for class I substances must be made in accordance with the provisions of the Clean Air Act Amendments of 1990.
      Export means the transport of virgin or used controlled substances from inside the United States or its territories to persons outside the United States or its territories, excluding United States military bases and ships for on-board use.
      Export production allowances means the privileges granted by §82.18(b) to produce HCFC-141b for export following the phaseout of HCFC-141b on January 1, 2003.
      Exporter means the person who contracts to sell controlled substances for export or transfers controlled substances to his affiliate in another country.
      Facility means any process equipment (e.g., reactor, distillation column) used to convert raw materials or feedstock chemicals into controlled substances or consume controlled substances in the production of other chemicals.
      Foreign state means an entity which is recognized as a sovereign nation or country other than the United States of America.[1]
  1 Taiwan is not considered a foreign state
      Foreign state complying with, when referring to a foreign state not Party to the 1987 Montreal Protocol, the London Amendment, the Copenhagen Amendment, or the Beijing Amendment, means any foreign state that has been determined to be complying with the 1987 Montreal Protocol or the specified amendments by a Meeting of the Parties.
      Foreign state not Party to or Non-Party means a foreign state that has not deposited instruments of ratification, acceptance, or other form of approval with the Directorate of the United Nations Secretariat, evidencing the foreign state's ratification of the provisions of the 1987 Montreal Protocol, the London Amendment, the Copenhagen Amendment, or the Beijing Amendment, as specified.
      
      

      Halon Bank means a facility run by a national government or privately run and authorized by a national government that collects and stores previously-recovered halon for reuse at a later date. 
      Heel means the amount of a controlled substance that remains in a container after it is discharged or off-loaded (that is no more than ten percent of the volume of the container).
      Hydrostatic testing means checking a gas pressure vessel for leaks or flaws. The vessel is filled with a nearly incompressible liquid -- usually water or oil -- and examined for leaks or permanent changes in shape.
      Import means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into any place subject to the jurisdiction of the United States whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States, with the following exemptions:
      (1) Off-loading used or excess controlled substances or controlled products from a ship during servicing,
      (2) Bringing controlled substances into the U.S. from Mexico where the controlled substance had been admitted into Mexico in bond and was of U.S. origin, and
      (3) Bringing a controlled product into the U.S. when transported in a consignment of personal or household effects or in a similar non-commercial situation normally exempted from U.S. Customs attention.
      Importer means any person who imports a controlled substance or a controlled product into the United States. "Importer" includes the person primarily liable for the payment of any duties on the merchandise or an authorized agent acting on his or her behalf. The term also includes, as appropriate:
      (1) The consignee;
      (2) The importer of record;
      (3) The actual owner; or
      (4) The transferee, if the right to draw merchandise in a bonded warehouse has been transferred.
      Individual shipment means the kilograms of a controlled substance for which a person may make one (1) U.S. Customs entry, as identified in the non-objection letter from the Administrator under §§82.13(g) and 82.24(c).
      Interstate commerce means the distribution or transportation of any controlled substance between one state, territory, possession or the District of Columbia, and another state, territory, possession or the District of Columbia, or the sale, use or manufacture of any controlled substance in more than one state, territory, possession or District of Columbia. The entry points for which a controlled substance is introduced into interstate commerce are the release of a controlled substance from the facility in which the controlled substance was manufactured, the entry into a warehouse from which the domestic manufacturer releases the controlled substance for sale or distribution, and at the site of United States customs clearance.
      Limiting critical condition means the regulatory, technical, and economic circumstances listed in Column C of Appendix L to this subpart that establish conditions of critical use for methyl bromide in a fumigation area.
      Location of use means the geographic area (such as a state, region, or the entire United States) covered by an application for a critical use exemption in which the limiting critical condition may occur.
      London Amendments means the Montreal Protocol, as amended at the Second Meeting of the Parties to the Montreal Protocol in London in 1990.
      Manufactured, for an appliance, means the date upon which the appliance's refrigerant circuit is complete, the appliance can function, the appliance holds a full refrigerant charge, and the appliance is ready for use for its intended purposes; and for a pre-charged appliance component, means the date that such component is completely produced by the original equipment manufacture, charged with refrigerant, and is ready for initial sale or distribution in interstate commerce.
      Montreal Anniversary amendments means the Montreal Protocol, as amended at the Ninth Meeting of the Parties to the Montreal Protocol in Montreal in 1997.
      Montreal Protocol means the Montreal Protocol on Substances that Deplete the Ozone Layer, a protocol to the Vienna Convention for the Protection of the Ozone Layer, including adjustments adopted by the Parties thereto and amendments that have entered into force.
      1987 Montreal Protocol means the Montreal Protocol, as originally adopted by the Parties in 1987.
      
      Non-Objection notice means the privilege granted by the Administrator to import a specific individual shipment of a controlled substance in accordance with §§82.13(g)(2), (3), and (5) and 82.24(c)(3), (4), and (6).
      Party means a foreign state that has deposited instruments of ratification, acceptance, or other form of approval with the Directorate of the United Nations Secretariat, evidencing the foreign state's ratification of the provisions of the 1987 Montreal Protocol, the London Amendment, the Copenhagen Amendment, or the Beijing Amendment, as specified. (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php.)
      Person means any individual or legal entity, including an individual, corporation, partnership, association, state, municipality, political subdivision of a state, Indian tribe; any agency, department, or instrumentality of the United States; and any officer, agent, or employee thereof.
      Plant means one or more facilities at the same location owned by or under common control of the same person.
      Preshipment applications, with respect to class I, Group VI controlled substances, are those non-quarantine applications applied within 21 days prior to export to meet the official requirements of the importing country or existing official requirements of the exporting country. Official requirements are those which are performed by, or authorized by, a national plant, animal, environmental, health or stored product authority.
      
      Production means the manufacture of a controlled substance from any raw material or feedstock chemical, but does not include:
      (1) The manufacture of a controlled substance that is subsequently transformed;
      (2) The reuse or recycling of a controlled substance;
      (3) Amounts that are destroyed by the approved technologies in 82.3; or
      (4) Amounts that are spilled or vented unintentionally.
      Production allowances means the privileges granted by this subpart to produce controlled substances; however, production allowances may be used to produce controlled substances only in conjunction with consumption allowances. A person's production allowances for class I substances are the total of the allowances obtained under §§82.5, 82.7 and 82.9, and as may be modified under §82.12 (transfer of allowances). A person's production allowances for class II controlled substances are the total of the allowances obtained under §82.17 and as may be modified under §§82.18 and 82.23.
      Quarantine applications, with respect to class I, Group VI controlled substances, are treatments to prevent the introduction, establishment and/or spread of quarantine pests (including diseases), or to ensure their official control, where: (1) Official control is that performed by, or authorized by, a national (including state, tribal or local) plant, animal or environmental protection or health authority; (2) quarantine pests are pests of potential importance to the areas endangered thereby and not yet present there, or present but not widely distributed and being officially controlled. This definition excludes treatments of commodities not entering or leaving the United States or any State (or political subdivision thereof).
      Space vehicle means a man-made device, either manned or unmanned, designed for operation beyond earth's atmosphere. This definition includes integral equipment such as models, mock-ups, prototypes, molds, jigs, tooling, hardware jackets, and test coupons. Also included is auxiliary equipment associated with tests, transport, and storage, which through contamination can compromise the space vehicle performance.
      Third party applicator means an applicator of critical use methyl bromide who fumigates or treats commodities, structures, crops, or land on behalf of an approved critical user.
      Transform means to use and entirely consume (except for trace quantities) a controlled substance in the manufacture of other chemicals for commercial purposes.
      Transhipment means the continuous shipment of a controlled substance, from a foreign state of origin through the United States or its territories, to a second foreign state of final destination, as long as the shipment does not enter into United States jurisdiction. A transhipment, as it moves through the United States or its territories, cannot be re-packaged, sorted or otherwise changed in condition.
      Unexpended Article 5 allowances means Article 5 allowances that have not been used. At any time in any control period a person's unexpended Article 5 allowances are the total of the level of Article 5 allowances the person has authorization under this subpart to hold at that time for that control period, minus the level of controlled substances that the person has produced in that control period until that time.
      Unexpended consumption allowances means consumption allowances that have not been used. At any time in any control period a person's unexpended consumption allowances are the total of the level of consumption allowances the person has authorization under this subpart to hold at that time for that control period, minus the level of controlled substances that the person has produced or imported (not including transhipments and used controlled substances) in that control period until that time.
      Unexpended critical use allowances (CUA) means critical use allowances against which methyl bromide has not yet been produced or imported. At any time in any control period a person's unexpended critical use allowances are the total of the level of critical use allowances the person holds at that time for that control period, minus the level of class I, Group VI controlled substances that the person has produced or has imported solely for approved critical uses in that control period.
      Unexpended destruction and transformation credits means destruction and transformation credits that have not been used. At any time in any control period a person's unexpended destruction and transformation credits are the total of the level of destruction and transformation credits the person has authorization under this subpart to hold at that time for that control period, minus the level of controlled substances that the person has produced or imported (not including transhipments and used controlled substances) in that control period until that time.
      Unexpended essential-use allowances means essential-use allowances that have not been used. At any time in any control period a person's unexpended essential-use allowances are the total of the level of essential-use allowances the person has authorization under this subpart to hold at that time for that control period, minus the level of controlled substances that the person has imported or had produced in that control period until that time.
      Unexpended export production allowances means export production allowances that have not been used. A person's unexpended export production allowances are the total of the quantity of the export production allowances the person has authorization under §82.16(h) to hold for that control period, minus the quantity of class II controlled substances that the person has produced at that time during the same control period.
      Unexpended HCFC-141b exemption allowances means HCFC-141b exemption allowances that have not been used. A person's unexpended HCFC-141b exemption allowances are the total of the quantity of the HCFC-141b exemption allowances the person has authorization under §82.16(h) to hold for that control period, minus the quantity of HCFC-141b that the person has had produced or has had imported at that time during the same control period.
      
      Use of a class II controlled substance, for the purposes of §82.15 of this subpart, includes but is not limited to, use in a manufacturing process, use in manufacturing a product, intermediate uses such as formulation or packaging for other subsequent uses, and use in maintaining, servicing, or repairing an appliance or other piece of equipment. Use of a class II controlled substance also includes use of that controlled substance when it is removed from a container used for the transportation or storage of the substance but does not include use of a manufactured product containing a controlled substance.
      Used controlled substances means controlled substances that have been recovered from their intended use systems (may include controlled substances that have been, or may be subsequently, recycled or reclaimed).
§82.4   Prohibitions for class I controlled substances.
        (a)(1) Prior to January 1, 1996, for all Groups of class I controlled substances, and prior to January 1, 2005, for class I, Group VI controlled substances, no person may produce, at any time in any control period, (except that are transformed or destroyed domestically or by a person of another Party) in excess of the amount of unexpended production allowances or unexpended Article 5 allowances for that substance held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess production constitutes a separate violation of this subpart.
       (2) Effective January 1, 2003, production of class I, Group VI controlled substances is not subject to the prohibitions in paragraph (a)(1) of this section if it is solely for quarantine or preshipment applications as defined in this subpart.
       (b)(1) Effective January 1, 1996, for any Class I, Group I, Group II, Group III, Group IV, Group V or Group VII controlled substances, and effective January 1, 2005 for any Class I, Group VI controlled substances, and effective August 18, 2003, for any Class I, Group VIII controlled substance, no person may produce, at any time in any control period (except that are transformed or destroyed domestically or by a person of another Party) in excess of the amount of conferred unexpended essential use allowances or exemptions, or in excess of the amount of unexpended critical use allowances, or in excess of the amount of unexpended Article 5 allowances as allocated under §82.9 and §82.11, as may be modified under §82.12 (transfer of allowances) for that substance held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess production constitutes a separate violation of this subpart.
       (2) Effective January 1, 2005, production of class I, Group VI controlled substances is not subject to the prohibitions in paragraph (b)(1) of this section if it is solely for quarantine or preshipment applications as defined in this subpart, or it is solely for export to satisfy critical uses authorized by the Parties for that control period.
       (c)(1) Prior to January 1, 1996, for all Groups of class I controlled substances, and prior to January 1, 2005, for class I, Group VI controlled substances, no person may produce or (except for transhipments, heels or used controlled substances) import, at any time in any control period, (except for controlled substances that are transformed or destroyed) in excess of the amount of unexpended consumption allowances held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess production or importation (other than transhipments, heels or used controlled substances) constitutes a separate violation of this subpart.
       (2) Effective January 1, 2003, production and import of class I, Group VI controlled substances is not subject to the prohibitions in paragraph (c)(1) of this section if it is solely for quarantine or preshipment applications as defined in this subpart.
       (d) Effective January 1, 1996, for any class I, Group I, Group II, Group III, Group IV, Group V, or Group VII controlled substances, and effective January 1, 2005, for any class I, Group VI controlled substance, and effective August 18, 2003, for any class I, Group VIII controlled substance, no person may import (except for transhipments or heels), at any time in any control period, (except for controlled substances that are transformed or destroyed) in excess of the amount of unexpended essential use allowances or exemptions, or in excess of unexpended critical use allowances, for that substance held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess importation (other than transhipments or heels) constitutes a separate violation of this subpart. It is a violation of this subpart to obtain unused class I controlled substances under the general laboratory exemption in excess of actual need and to recycle that material for sale into other markets.
       (e) Effective January 1, 1996, no person may place an order by conferring essential-use allowances for the production of the class I controlled substance, at any time in any control period, in excess of the amount of unexpended essential-use allowances, held by that person under the authority of this subpart at that time for that control period. Effective January 1, 1996, no person may import a class I controlled substance with essential-use allowances, at any time in any control period, in excess of the amount of unexpended essential-use allowances, held by that person under the authority of this subpart at that time for that control period. No person may import or place an order for the production of a class I controlled substance with essential-use allowances, at any time in any control period, other than for the class I controlled substance(s) for which they received essential-use allowances under paragraph (u) of this section. Every kilogram of excess production ordered in excess of the unexpended essential-use allowances conferred to the producer constitutes a separate violation of this subpart. Every kilogram of excess import in excess of the unexpended essential-use allowances held at that time constitutes a separate violation of this subpart.
       
       
       (g) Effective January 1, 1996, the U.S. total production and importation of a class I controlled substance (except Group VI) as allocated under this section for essential-use allowances and exemptions, and as obtained under §82.9 for destruction and transformation credits, may not, at any time, in any control period until January 1, 2000, exceed the percent limitation of baseline production in appendix H of this subpart, as set forth in the Clean Air Act Amendments of 1990. No person shall cause or contribute to the U.S. exceedance of the national limit for that control period.
       (h) No person may sell in the U.S. any Class I controlled substance produced explicitly for export to an Article 5 country.
       (i) Effective January 1, 1995, no person may import, at any time in any control period, a heel of any class I controlled substance that is greater than 10 percent of the volume of the container in excess of the amount of unexpended consumption allowances, or unexpended destruction and transformation credits held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess importation constitutes a separate violation of this subpart.
      
      (j) (1) Effective January 1, 1995, no person may import, at any time in any control period, a used class I controlled substance, except for Group II used controlled substances shipped in aircraft halon bottles for hydrostatic testing, without having received a non-objection notice from the Administrator in accordance with §82.13(g)(2) and (3). A person who receives a non-objection notice for the import of an individual shipment of used controlled substances may not transfer or confer the right to import and may not import any more than the exact quantity, in kilograms, of the used controlled substance cited in the non-objection notice. Every kilogram of importation of used controlled substance in excess of the quantity cited in the non-objection notice issued by the Administrator in accordance with §82.13(g)(2) and (3) constitutes a separate violation. 
       (2) Effective [date 30 days from date of publication in the Federal Register], no person may import for purposes of destruction, at any time in any control period, a class I controlled substance for which EPA has apportioned baseline production and consumption allowances, without having submitted a certification of intent to import for destruction to the Administrator and received a non-objection notice in accordance with §82.13(g)(5). A person issued a non-objection notice for the import of an individual shipment of class I controlled substances for destruction may not transfer or confer the right to import and may not import any more than the exact quantity (in kilograms) of the class I controlled substance stated in the non-objection notice. For imports intended to be destroyed in the U.S., a person issued a non-objection notice must destroy the controlled substance in the year cited in the non-objection letter, may not transfer or confer the right to import, and may not import any more than the exact quantity (in kilograms) of the class I controlled substance stated in the non-objection notice. Every kilogram of import of class I controlled substance in excess of the quantity stated in the non-objection notice issued by the Administrator in accordance with §82.13(g)(5) constitutes a separate violation of this subpart.
      (k)(1) Prior to January 1, 1996, for all Groups of class I controlled substances, and prior to January 1, 2005, for class I, Group VI controlled substances, a person may not use production allowances to produce a quantity of a class I controlled substance unless that person holds under the authority of this subpart at the same time consumption allowances sufficient to cover that quantity of class I controlled substances nor may a person use consumption allowances to produce a quantity of class I controlled substances unless the person holds under authority of this subpart at the same time production allowances sufficient to cover that quantity of class I controlled substances. However, prior to January 1, 1996, for all class I controlled substances, and prior to January 1, 2005, for class I, Group VI controlled substances, only consumption allowances are required to import, with the exception of transhipments, heels, and used controlled substances. Effective January 1, 1996, for all Groups of class I controlled substances, except Group VI, only essential use allowances or exemptions are required to import class I controlled substances, with the exception of transhipments, heels, used controlled substances, and essential use CFCs.
       (2) Notwithstanding paragraph (k)(1) of this section, effective January 1, 2003, for class I, Group VI controlled substances, consumption allowances are not required to import quantities solely for quarantine or preshipment applications as defined in this subpart.
       (l) Every kilogram of a controlled substance, and every controlled product, imported or exported in contravention of this subpart constitutes a separate violation of this subpart. No person may:
       (1) Import or export any quantity of a controlled substance listed in class I, Group I or Group II, in appendix A to this subpart from or to any foreign state not Party to the 1987 Montreal Protocol unless that foreign state is complying with the 1987 Montreal Protocol (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php);
       (2) Import or export any quantity of a controlled substance listed in class I, Group III, Group IV, or Group V, in appendix A to this subpart, from or to any foreign state not Party to the London Amendment, unless that foreign state is complying with the London Amendment (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php); or
       (3) Import a controlled product, as noted in appendix D, annex 1 to this subpart, from any foreign state not Party to the 1987 Montreal Protocol, unless that foreign state is complying with the 1987 Montreal Protocol (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php).
       (4) Import or export any quantity of a controlled substance listed in class I, Group VII, in appendix A to this subpart, from or to any foreign state not Party to the Copenhagen Amendment, unless that foreign state is complying with the Copenhagen Amendment (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php).
       (5) Import or export any quantity of a controlled substance listed in class I, Group VI, in appendix A to this subpart, from or to any foreign state not Party to the Copenhagen Amendment unless that foreign state is complying with the Copenhagen Amendment (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php).
       (6) Import or export any quantity of a controlled substance listed in class I, Group VIII, in appendix A to this subpart, from or to any foreign state not Party to the Beijing Amendment, unless that foreign state is complying with the Beijing Amendment (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php).
       (m) Effective October 5, 1998, no person may export a controlled product to a Party listed in appendix J of this subpart in any control period after the control period in which EPA publishes a notice in the Federal Register listing that Party in appendix J of this subpart. EPA will publish a notice in the Federal Register that lists a Party in appendix J if the Party formally presents to the U.S. a government document through its embassy in the United States stating that it has established a ban on the import of controlled products. 
       (n) No person may use class I controlled substances produced or imported under the essential use exemption for any purpose other than those set forth in this paragraph. Effective January 1, 1996, essential-use allowances are apportioned to a person under §82.8(a) and (b) for the exempted production or importation of specified class I controlled substances solely for the purposes listed in paragraphs (n)(1)(i) through (iii) of this section.
       (1) Essential-uses for the production or importation of controlled substances as agreed to by the Parties to the Protocol and subject to the periodic revision of the Parties are:
       (i) Metered dose inhalers (MDIs) for the treatment of asthma and chronic obstructive pulmonary disease that were approved by the Food and Drug Administration before December 31, 2000.
       (ii) Space Shuttle -- solvents.
       (iii) Essential laboratory and analytical uses (defined in appendix G of this subpart).
       (2) Any person acquiring unused class I controlled substances produced or imported under the authority of essential-use allowances or the essential-use exemption granted in §82.8 to this subpart for use in anything other than an essential-use (i.e., for uses other than those specifically listed in paragraph (n)(1) of this section) is in violation of this subpart. Each kilogram of unused class I controlled substance produced or imported under the authority of essential-use allowances or the essential-use exemption and used for a non-essential use is a separate violation of this subpart. Any person selling unused class I controlled substances produced or imported under authority of essential-use allowances or the essential-use exemption for uses other than an essential-use is in violation of this subpart. Each kilogram of unused class I controlled substances produced or imported under authority of essential-use allowances or the essential-use exemption and sold for a use other than an essential-use is a separate violation of this subpart. It is a violation of this subpart to obtain unused class I controlled substances under the exemption for laboratory and analytical uses in excess of actual need and to recycle that material for sale into other markets.
       (o) [Reserved]
       (p) Critical Use Exemption: With respect to class I, Group VI substances :
       (1) No person shall sell critical use methyl bromide without first receiving a certification from the purchaser that the quantity purchased will be sold or used solely for an approved critical use. Every kilogram of critical use methyl bromide sold without first obtaining such certification constitutes a separate violation of this subpart.
       (2) For approved critical users, each action associated with each 200 kilograms of critical use methyl bromide for the following subparagraphs constitutes a separate violation of this subpart.
       (i) No person shall take possession of quantities of critical use methyl bromide or acquire fumigation services using quantities of critical use methyl bromide without first completing the appropriate certification in accordance with the requirements in §82.13.
       (ii) No person who purchases critical use methyl bromide may use such quantities for a use other than the specified critical use listed in column A and the specified location of use in column B of appendix L to this subpart.
       (iii) No person who purchases critical use methyl bromide produced or imported with expended critical use allowances for pre-plant uses, may use such quantities for other than the pre-plant uses as specified in column A and column B of appendix L to this subpart.
       (iv) No person who purchases critical use methyl bromide produced or imported with expended critical use allowances for post-harvest uses, may use such quantities for other than the post-harvest uses as specified in column A and column B of appendix L to this subpart.
       (v) No person who uses critical use methyl bromide on a specific field or structure may concurrently or subsequently use non-critical use methyl bromide on the same field or structure for the same use (as defined in column A and column B of appendix L) in the same control period, excepting methyl bromide used under the quarantine and pre-shipment exemption.
       (vi) No person who purchases critical use methyl bromide during the control period shall use that methyl bromide on a field or structure for which that person has used non-critical use methyl bromide for the same use (as defined in columns A and B of appendix L) in the same control period, excepting methyl bromide used under the quarantine and pre-shipment exemption, unless, subsequent to that person's use of the non-critical use methyl bromide, that person becomes subject to a prohibition on the use of methyl bromide alternatives due to the reaching of a local township limit described in appendix L of this part, or becomes an approved critical user as a result of rulemaking.
      (q) Emergency use exemption. [Reserved]
      (r) Quarantine and preshipment exemption. No person may sell or use methyl bromide produced or imported under the quarantine and preshipment exemption for any purpose other than for quarantine applications or preshipment applications as defined in §82.3. Each kilogram of methyl bromide produced or imported under the authority of the quarantine and preshipment exemption and sold or used for a use other than quarantine or preshipment is a separate violation of this subpart. 
      (s) Effective [insert date effective 30 days after publication], no person may sell or distribute, or offer for sale or distribution, any class I substance that they know, or have reason to know, was imported in violation of this section, except for such actions needed to re-export the controlled substance. Every kilogram of a controlled substance imported in contravention of this paragraph that is sold or distributed, or offered for sale or distribution, constitutes a separate violation of this subpart.
      
      
      
      
      
      
§82.9   Availability of production allowances in addition to baseline production allowances for class I controlled substances.
      
      
      
      
      
       
      (c) A company may increase or decrease its production allowances, including its Article 5 allowances, by trading with another Party to the Protocol according to the provision under this paragraph (c). A company may increase or decrease its essential-use allowances for CFCs for use in essential MDIs according to the provisions under this paragraph (c). A nation listed in appendix C to this subpart (Parties to the Montreal Protocol) must agree either to transfer to the person for the current control period some amount of production or import that the nation is permitted under the Montreal Protocol or to receive from the person for the current control period some amount of production or import that the person is permitted under this subpart. If the controlled substance is produced under the authority of production allowances and is to be sold in the United States or to another Party (not the Party from whom the allowances are received), the U.S. company must expend its consumption allowances allocated under §82.6 and §82.7 in order to produce with the additional production allowances.
      (1) For trades from a Party, the person must obtain from the principal diplomatic representative in that nation's embassy in the United States a signed document stating that the appropriate authority within that nation has established or revised production limits or essential-use allowance limits for the nation to equal the lesser of the maximum production that the nation is allowed under the Protocol minus the amount transferred, the maximum production or essential-use allowances that are allowed under the nation's applicable domestic law minus the amount transferred, or the average of the nation's actual national production level for the three years prior to the transfer minus the production transferred. The person must submit to the Administrator a transfer request that includes a true copy of this document and that sets forth the following:
      (i) The identity and address of the person;
      (ii) The identity of the Party;
      (iii) The names and telephone numbers of contact persons for the person and for the Party;
      (iv) The chemical type, type of allowance being transferred, and the level of allowances being transferred;
      (v) The control period(s) to which the transfer applies; and
      (vi) For increased production intended for export to the Party from whom the allowances would be received, a signed statement of intent to export to the Party.
      (vii) In the case of transferring essential-use allowances, the transferor must include a signed document from the transferee identifying the CFC MDI products that will be produced using the essential-use allowances.
      (2) For trades to a Party, a person must submit a transfer request that sets forth the following:
      (i) The identity and address of the person;
      (ii) The identity of the Party;
      (iii) The names and telephone numbers of contact persons for the person and for the Party;
      (iv) The chemical type, type of allowance being transferred, and the level of allowances being transferred; and
      (v) The control period(s) to which the transfer applies.
      (3) After receiving a transfer request that meets the requirements of paragraph (c)(2) of this section, the Administrator may, at his discretion, consider the following factors in deciding whether to approve such a transfer:
      (i) Possible creation of economic hardship;
      (ii) Possible effects on trade;
      (iii) Potential environmental implications; and
      (iv) The total amount of unexpended production or essential-use allowances held by a U.S. entity.
      (v) In the case of transfer of essential-use allowances the Administrator may consider whether the CFCs will be used for production of essential MDIs.
      (4) The Administrator will issue the person a notice either granting or deducting production allowances, Article 5 allowances, or essential-use allowances, and specifying the control period to which the transfer applies, provided that the request meets the requirement of paragraph (c)(1) of this sections for trades from Parties and paragraph (c)(2) of this section for trades to Parties, unless the Administrator has decided to disapprove the trade under paragraph (c)(3) of this section. For a trade from a Party, the Administrator will issue a notice that revises the allowances held by the person to equal the unexpended production, Article 5, or essential-use allowances held by the person under this subpart plus the level of allowable production transferred from the Party. For a trade to a Party, the Administrator will issue a notice that revises the production limit for the person to equal the lesser of:
      (i) The unexpended production allowances, essential-use allowances, or Article 5 allowances held by the person under this subpart minus the amount transferred; or
      (ii) The unexpended production allowances, essential-use allowances, or Article 5 allowances held by the person under this subpart minus the amount by which the United States average annual production of the controlled substance being traded for the three years prior to the transfer is less than the total production allowable for that substance under this subpart minus the amount transferred. The change in allowances will be effective on the date that the notice is issued.
      (5) If after one person obtains approval for a trade of allowable production of a controlled substance to a Party, one or more other persons obtain approval for trades involving the same controlled substance and the same control period, the Administrator will issue notices revising the production limits for each of the other persons trading that controlled substance in that control period to equal the lesser of:
      (i) The unexpended production allowances or Article 5 allowances held by the person under this subpart minus the amount transferred; or
      (ii) The unexpended production allowances or Article 5 allowances held by the person under this subpart minus the amount by which the United States average annual production of the controlled substance being traded for the three years prior to the transfer is less than the total allowable production for that substance under this subpart multiplied by the amount transferred divided by the total amount transferred by all the other persons trading the same controlled substance in the same control period minus the amount transferred by that person.
      (iii) The Administrator will also issue a notice revising the production limit for each person who previously obtained approval of a trade of that substance in that control period to equal the unexpended production allowances or unexpended Article 5 allowances held by the person under this subpart plus the amount by which the United States average annual production of the controlled substance being traded for the three years prior to the transfer is less than the total allowable production under this subpart multiplied by the amount transferred by that person divided by the amount transferred by all of the persons who have traded that controlled substance in that control period. The change in production allowances or Article 5 allowances will be effective on the date that the notice is issued.
      (d) Effective January 1, 1996, there will be no trade in production or consumption allowances with other Parties to the Protocol for class I controlled substances, except for class I, Group VI, methyl bromide.
       
       
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      (g) International transfer of essential-use CFCs. (1) For trades of essential-use CFCs where the transferee or the transferor is a person in another nation (Party), the persons involved in the transfer must submit the information requested in §82.12(d)(2) and (d)(3), along with a signed document from the principal diplomatic representative in the Party's embassy in the United States stating that the appropriate authority within that nation has approved the transfer of the essential-use CFCs.
      (2) If the transfer claim is complete, and EPA does not object to the transfer, then EPA will issue letters to the transferor and the transferee indicating that the transfer may proceed. EPA reserves the right to disallow a transfer if the transfer request is incomplete, or if it has reason to believe that the transferee plans to produce MDIs that are not essential MDIs. If EPA objects to the transfer, EPA will issue letters to the transferor and transferee stating the basis for disallowing the transfer. The burden of proof is placed on the transferee to retain sufficient records to prove that the transferred essential-use CFCs are used only for production of essential MDIs. If EPA ultimately finds that the transferee did not use the essential-use CFCs for production of essential MDIs then the transferee is in violation of this subpart.
 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cc53237b08b368329feca41ccb895921&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0b8363157aa308e7d33fef2d0240aee4&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "baseline consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2eed4fbed796daab507e926076fb3648&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "controlled" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2eed4fbed796daab507e926076fb3648&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "controlled"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cc53237b08b368329feca41ccb895921&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "substances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3c8f210bc3a95acb1a320476a2184624&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "used controlled substances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=be2cd55b4365bbbe336ff3b5f4e80237&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "exported"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6b555203afb334eb2423dc464b410dc5&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "United States"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=93240cbbeaa94b30263c25b5e17e790f&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Party" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2eed4fbed796daab507e926076fb3648&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "controlled"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cc53237b08b368329feca41ccb895921&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0b8363157aa308e7d33fef2d0240aee4&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "baseline consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e6d8a42e69eb757b7fcbfa684a71c116&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "exporter"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=7&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "substances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cc53237b08b368329feca41ccb895921&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "consumption allowances" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e6d8a42e69eb757b7fcbfa684a71c116&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "exporter" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e6d8a42e69eb757b7fcbfa684a71c116&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "exporter"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=be88c8034bf0f9e66fbaa1ef226b79f4&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Identification Number" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "persons"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e6d8a42e69eb757b7fcbfa684a71c116&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "exporter" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "substances" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "controlled substance" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "substances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=be2cd55b4365bbbe336ff3b5f4e80237&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "exported"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6b555203afb334eb2423dc464b410dc5&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "United States" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "substances" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "substances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=7&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "substances" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "controlled substance" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cdafc13099225c86a53f51e7047c9da1&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "producer"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "controlled substance"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=ed934b356c93c8df427ab38a9490e17e&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "produced" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/cfr/text/40/82.10" \l "a_1" \o "paragraph (a)(1)"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=8&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "substances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e6d8a42e69eb757b7fcbfa684a71c116&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "exporter"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cc53237b08b368329feca41ccb895921&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=9&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "substances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cc53237b08b368329feca41ccb895921&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=be2cd55b4365bbbe336ff3b5f4e80237&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "exported"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=10&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "substances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cc53237b08b368329feca41ccb895921&term_occur=7&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "consumption allowances" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cc53237b08b368329feca41ccb895921&term_occur=8&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=8&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "controlled substance"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=9&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "controlled substance"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=ed934b356c93c8df427ab38a9490e17e&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "produced"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6ca25e6d309f7e92505b95b8e17ab46a&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "imported"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6b555203afb334eb2423dc464b410dc5&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "United States"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=fd780aef25a10fae51b325bcc355659c&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "transformed"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cc53237b08b368329feca41ccb895921&term_occur=9&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=ed934b356c93c8df427ab38a9490e17e&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "produce"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6ca25e6d309f7e92505b95b8e17ab46a&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "import"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=11&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "substance"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6ca25e6d309f7e92505b95b8e17ab46a&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "importing"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "controlled substance"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=10&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=fd780aef25a10fae51b325bcc355659c&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "transformed"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=7&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/cfr/text/40/82.13" \o "§ 82.13" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cc53237b08b368329feca41ccb895921&term_occur=10&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2949dfe1484cf535dcb3fd054255b057&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "production"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=93240cbbeaa94b30263c25b5e17e790f&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Party"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=11&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=12&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "substances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=12&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=13&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "substances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=7&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0b9137eb195f12c32f111a5a466001e9&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "control period"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2949dfe1484cf535dcb3fd054255b057&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "production"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0c3d40a5b3824c229eb8daaedd4df35f&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Montreal Protocol"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=7&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "controlled substance"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=93240cbbeaa94b30263c25b5e17e790f&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Party"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cc53237b08b368329feca41ccb895921&term_occur=11&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=67dfa726ca382f4d6934a51a64e3ad51&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "production allowances"  HYPERLINK "https://www.law.cornell.edu/cfr/text/40/82.9" \l "c" \o "§ 82.9(c)"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=93240cbbeaa94b30263c25b5e17e790f&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Party"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=8&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6b555203afb334eb2423dc464b410dc5&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "United States"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2949dfe1484cf535dcb3fd054255b057&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "production"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2949dfe1484cf535dcb3fd054255b057&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "production"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2949dfe1484cf535dcb3fd054255b057&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "production"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2949dfe1484cf535dcb3fd054255b057&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "production"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=67dfa726ca382f4d6934a51a64e3ad51&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "production allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=9&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=8&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Administrator" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=10&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=93240cbbeaa94b30263c25b5e17e790f&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Party" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=12&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "persons"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=11&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=93240cbbeaa94b30263c25b5e17e790f&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Party" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2949dfe1484cf535dcb3fd054255b057&term_occur=7&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "production" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2eed4fbed796daab507e926076fb3648&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "control" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2949dfe1484cf535dcb3fd054255b057&term_occur=8&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "production"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=be2cd55b4365bbbe336ff3b5f4e80237&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "export"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=93240cbbeaa94b30263c25b5e17e790f&term_occur=7&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Party"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=be2cd55b4365bbbe336ff3b5f4e80237&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "export"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=93240cbbeaa94b30263c25b5e17e790f&term_occur=8&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Party" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0b9137eb195f12c32f111a5a466001e9&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "control period"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=adc3ac9f439f4a7560f46128969706fe&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "Agency"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cc53237b08b368329feca41ccb895921&term_occur=12&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=13&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=ed934b356c93c8df427ab38a9490e17e&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "produced"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=be2cd55b4365bbbe336ff3b5f4e80237&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "exported"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=8&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "controlled substance"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0b8363157aa308e7d33fef2d0240aee4&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "baseline consumption allowances"  HYPERLINK "https://www.law.cornell.edu/cfr/text/40/82.5" \o "§ 82.5" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cc53237b08b368329feca41ccb895921&term_occur=13&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=14&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0b9137eb195f12c32f111a5a466001e9&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "control period"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=67dfa726ca382f4d6934a51a64e3ad51&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "production allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=15&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person"  HYPERLINK "https://www.law.cornell.edu/cfr/text/40/82.7" \o "§ 82.7"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0b9137eb195f12c32f111a5a466001e9&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "control period" 
	 HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=16&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=25f6921663939eec803d0d0881b992d6&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "unexpended consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0b9137eb195f12c32f111a5a466001e9&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "control period"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0b9137eb195f12c32f111a5a466001e9&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "control period"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=17&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=25f6921663939eec803d0d0881b992d6&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "unexpended consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=18&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.10" \o "person" 
      
§82.12 Transfers of allowances for class I controlled substances.
      (a) Inter-company transfers
      (1)  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2eed4fbed796daab507e926076fb3648&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "controlled"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cc53237b08b368329feca41ccb895921&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=67dfa726ca382f4d6934a51a64e3ad51&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "production allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "substances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "person" After January 1, 2002, any essential-use allowance holder (including those persons that hold essential-use allowances issued by a Party other than the United States) ("transferor") may transfer essential-use allowances for CFCs to a metered dose inhaler company solely for the manufacture of essential MDIs. After January 1, 2005, any critical use allowance holder ("transferor") may transfer critical use allowances to any other person ("transferee").
      (i) The transferor must submit to the Administrator a transfer claim setting forth the following:
      (A) The identities and addresses of the transferor and the transferee;
      (B) The name and telephone numbers of contact persons for the transferor and the transferee;
      (C) The type of allowances being transferred, including the names of the controlled substances for which allowances are to be transferred;
      (D) The group of controlled substances to which the allowances being transferred pertains;
      (E) The amount of allowances being transferred;
      (F) The control period(s) for which the allowances are being transferred;
      (G) The amount of unexpended allowances of the type and for the control period being transferred that the transferor holds under authority of this subpart as of the date the claim is submitted to EPA; and
      (H) The one percent offset applied to the unweighted amount traded will be deducted from the transferor's production or consumption allowance balance (except for trades from transformers and destroyers to producers or importers for the purpose of allowance reimbursement). In the case of transferring essential use allowances, the amount of one tenth of one percent of the amount traded will be deducted from the transferor's allowance balance. In the case of transferring critical use allowances, the amount of one tenth of one percent of the amount traded will be deducted from the transferor's critical use allowance balance.
      (I) The transferor must include a signed document from the transferee identifying the CFC MDI products that will be produced using the essential-use allowances.
      (ii) The Administrator will determine whether the records maintained by EPA, taking into account any previous transfers and any production, allowable imports and exports of controlled substances reported by the transferor, indicate that the transferor possesses, as of the date the transfer claim is processed, unexpended allowances sufficient to cover the transfer claim (i.e., the amount to be transferred plus, in the case of transferors of essential use allowances and critical use allowances, one tenth of one percent of the transferred amount). Within three working days of receiving a complete transfer claim, the Administrator will take action to notify the transferor and transferee as follows:
      (A) If EPA's records show that the transferor has sufficient unexpended allowances to cover the transfer claim, the Administrator will issue a notice indicating that EPA does not object to the transfer and will reduce the transferor's balance of unexpended allowances by the amount to be transferred plus, in the case of transfers of production or consumption allowances, one percent of that amount, or in the case of transfers of essential use allowances, one tenth of one percent of that amount. When EPA issues a no objection notice, the transferor and the transferee may proceed with the transfer. However, if EPA ultimately finds that the transferor did not have sufficient unexpended allowances to cover the claim, the transferor and transferee will be held liable for any violations of the regulations of this subpart that occur as a result of, or in conjunction with, the improper transfer.
      (B) If EPA's records show that the transferor has insufficient unexpended allowances to cover the transfer claim, or that the transferor has failed to respond to one or more Agency requests to supply information needed to make a determination, the Administrator will issue a notice disallowing the transfer. Within 10 working days after receipt of notification, either party may file a notice of appeal, with supporting reasons, with the Administrator. The Administrator may affirm or vacate the disallowance. If no appeal is taken by the tenth working day after notification, the disallowance shall be final on that day.
      (iii) In the event that the Administrator does not respond to a transfer claim within the three working days specified in paragraph (a)(1)(ii) of this section the transferor and transferee may proceed with the transfer. EPA will reduce the transferor's balance of unexpended allowances by the amount to be transferred plus, in the case of transfers of production or consumption allowances, one percent of that amount, and in the case of essential use allowances and critical use allowances, one tenth of one percent of that amount. However if EPA ultimately finds that the transferor did not have sufficient unexpended allowances to cover the claim, the transferor and transferee will be held liable for any violations of the regulations of this subpart that occur as a result of, or in conjunction with, the improper transfer.
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=8&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=9&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "person"  HYPERLINK "https://www.law.cornell.edu/cfr/text/40/82.9" \o "§ 82.9"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c6b5f2b3f4a35b7a9ce996f0b933415b&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "destruction" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=9&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator" 
      
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=10&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "persons" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "substances" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "substances" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c6b5f2b3f4a35b7a9ce996f0b933415b&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "destruction" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2eed4fbed796daab507e926076fb3648&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "control"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c6b5f2b3f4a35b7a9ce996f0b933415b&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "destruction" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=10138741f488d4b27fd3c10a276c693b&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "unexpended destruction and transformation credits"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0b9137eb195f12c32f111a5a466001e9&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "control period"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=10&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA" 
      
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=10&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=11&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2949dfe1484cf535dcb3fd054255b057&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "production"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=7&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "substances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=10138741f488d4b27fd3c10a276c693b&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "unexpended destruction and transformation credits"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=11&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=12&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=10138741f488d4b27fd3c10a276c693b&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "unexpended destruction and transformation credits"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=12&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=13&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=14&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=15&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=16&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=10138741f488d4b27fd3c10a276c693b&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "unexpended destruction and transformation credits"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=adc3ac9f439f4a7560f46128969706fe&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Agency"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=13&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=93240cbbeaa94b30263c25b5e17e790f&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "party"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=15&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=14&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=16&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/cfr/text/40/82.12" \l "a_2_ii" \o "paragraph (a)(2)(ii)"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=17&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=10138741f488d4b27fd3c10a276c693b&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "unexpended destruction and transformation credits"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=18&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA" 
      
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2eed4fbed796daab507e926076fb3648&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "controlled"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=11&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cc53237b08b368329feca41ccb895921&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "consumption allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=67dfa726ca382f4d6934a51a64e3ad51&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "production allowances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "controlled substance"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "controlled substance"  HYPERLINK "https://www.law.cornell.edu/cfr/text/40/82.12" \l "b_4" \o "paragraph (b)(4)" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=12&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=7&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "controlled substance"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=8&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "controlled substance"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=8&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "substances"  HYPERLINK "https://www.law.cornell.edu/cfr/text/40/82.12" \l "b_4" \o "paragraph (b)(4)" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=13&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "person"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c6b5f2b3f4a35b7a9ce996f0b933415b&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "destruction"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=9&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "controlled substance"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1556dfd4b46989716cc5203ad7b501b&term_occur=10&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "class I"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "controlled substance"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=9&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "substances"  HYPERLINK "https://www.law.cornell.edu/cfr/text/40/82.12" \l "b_4" \o "paragraph (b)(4)" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=17&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator" 
      
      
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89e459232c2915ad32b1e520a57fbc21&term_occur=14&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "person" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=10&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "substances" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=11&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "substances" 
      
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=7&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "controlled substance" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=10&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "controlled substance"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=8&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "controlled substance"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=9&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "controlled substance"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=248ac075f970aa755fefdd3f5016e6ab&term_occur=11&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "controlled substance" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2eed4fbed796daab507e926076fb3648&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "control" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0b9137eb195f12c32f111a5a466001e9&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "control period"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=19&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=18&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=20&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2949dfe1484cf535dcb3fd054255b057&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "production"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6ca25e6d309f7e92505b95b8e17ab46a&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "imports"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=ccbf035abdadffd05289118f5db2e039&term_occur=1&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "transhipments"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=48c1a87e57ca320211e584c328f3b40a&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "used"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2eed4fbed796daab507e926076fb3648&term_occur=7&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "controlled"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=be2cd55b4365bbbe336ff3b5f4e80237&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "exports"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=ccbf035abdadffd05289118f5db2e039&term_occur=2&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "transhipments"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=48c1a87e57ca320211e584c328f3b40a&term_occur=6&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "used"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=12&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "substances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1ecbbc81b39e4e0b30cc3831c666ec93&term_occur=13&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "substances"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=19&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=24&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=20&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=21&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=22&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=23&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=25&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=adc3ac9f439f4a7560f46128969706fe&term_occur=3&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Agency"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=21&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=23&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=22&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c377bbbc207213c3b42c0ff6c71450ed&term_occur=24&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "Administrator"  HYPERLINK "https://www.law.cornell.edu/cfr/text/40/82.12" \l "b_4_ii" \o "paragraph (b)(4)(ii)"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=26&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=88c026487edb269ac1bcfc1cc8332562&term_occur=27&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "EPA" 
       HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0b9137eb195f12c32f111a5a466001e9&term_occur=4&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "control period"  HYPERLINK "https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0b9137eb195f12c32f111a5a466001e9&term_occur=5&term_src=Title:40:Chapter:I:Subchapter:C:Part:82:Subpart:A:82.12" \o "control period" 
      
       
 HYPERLINK ""  HYPERLINK ""  HYPERLINK ""  HYPERLINK "" 
      
      (d) Transfers of essential-use CFCs. (1) Effective January 1, 2002, any metered dose inhaler company (transferor) may transfer essential-use CFCs to another metered dose inhaler company (transferee) provided that the Administrator approves the transfer.
      (2) The transferee must submit a transfer claim to the Administrator for approval before the transfer can take place. The transfer claim must set forth the following:
      (i) The identities and addresses of the transferor and the transferee; and
      (ii) The name and telephone numbers of contact persons for the transferor and the transferee; and
      (iii) The amount of each controlled substance (CFC-11, CFC-12, or CFC-114) being transferred; and
      (iv) The specific metered dose inhaler products (i.e. the MDI drug product or active moiety) that the transferee plans to produce with the transferred CFCs; and
      (v) The country(ies) where the CFC metered dose inhalers produced with the transferred essential-use CFCs will be sold if other than in the United States; and
      (vi) Certification that the essential-use CFCs will be used in the production of essential MDIs. If the MDIs are to be sold in the United States, the certification must state that MDIs produced with the transferred essential-use CFCs are listed as essential at 21 CFR 2.125, and were approved by the Food and Drug Administration before December 31, 2000. If the MDIs produced with the essential-use CFCs are to be sold outside the United States, the transferee must certify that the metered dose inhalers produced with the essential-use CFCs are considered essential by the importing country.
      (3) The transferor must submit a letter stating that it concurs with the terms of the transfer as requested by the transferee.
      (4) Once the transfer claim is complete, and if EPA does not object to the transfer, then EPA will issue letters to the transferor and the transferee within 10 business days indicating that the transfer may proceed. EPA reserves the right to disallow a transfer if the transfer request is incomplete, or if it has reason to believe that the transferee plans use the essential-use CFCs in anything other than essential MDIs. If EPA objects to the transfer, within EPA will issue letters to the transferor and transferee stating the basis for disallowing the transfer. The burden of proof is placed on the transferee to retain sufficient records to prove that the transferred essential-use CFCs are used only for production of essential MDIs. If EPA ultimately finds that the transferee did not use the essential-use CFCs for production of essential MDIs then the transferee is in violation of this subpart.
      

§82.13 Recordkeeping and reporting requirements for class I controlled substances
      (a) Unless otherwise specified, the recordkeeping and reporting requirements set forth in this section take effect on January 1, 1995. For class I, Group VIII controlled substances, the recordkeeping and reporting requirements set forth in this section take effect on August 18, 2003. For critical use methyl bromide, the recordkeeping and reporting requirements set forth in this section take effect January 1, 2005. 
      (b) Reports and records required by this section may be used for purposes of compliance determinations. These requirements are not intended as a limitation on the use of other evidence admissible under the Federal Rules of Evidence. Failure to provide the reports, petitions and records required by this section, and to certify the accuracy of the information in the reports, petitions and records required by this section, will be considered a violation of this subpart. False statements made in reports, petitions and records will be considered violations of Section 113 of the Clean Air Act.
      
      (c) Unless otherwise specified, reports required by this section must be submitted to the Administrator within 45 days of the end of the applicable reporting period. Revisions of reports that are required by this section must be submitted to the Administrator within 180 days of the end of the applicable reporting period, unless otherwise specified.
 Starting [insert date 60 from date of publication in the Federal Register], reports that are available for submission through the Central Data Exchange must be submitted electronically through that tool. 
      (d) Records and copies of reports required by this section must be retained for three years.
      (e) In reports required by this section, quantities of controlled substances must be stated in terms of kilograms.
      (f) Every person ("producer") who produces class I controlled substances during a control period must comply with the following recordkeeping and reporting requirements:
      (1) Within 120 days of May 10, 1995, or within 120 days of the date that a producer first produces a class I controlled substance, whichever is later, and within 120 days of July 18, 2003 for class I, Group VIII controlled substances, every producer who has not already done so must submit to the Administrator a report describing:
      (i) The method by which the producer in practice measures daily quantities of controlled substances produced;
      (ii) Conversion factors by which the daily records as currently maintained can be converted into kilograms of controlled substances produced, including any constants or assumptions used in making those calculations (e.g., tank specifications, ambient temperature or pressure, density of the controlled substance);
      (iii) Internal accounting procedures for determining plant-wide production;
      (iv) The quantity of any fugitive losses accounted for in the production figures; and
      (v) The estimated percent efficiency of the production process for the controlled substance. Within 60 days of any change in the measurement procedures or the information specified in the above report, the producer must submit a report specifying the revised data or procedures to the Administrator. 
      (2) Every producer of a class I controlled substance during a control period must maintain the following records:
      (i) Dated records of the quantity of each controlled substance produced at each facility;
      (ii) Dated records of the quantity of controlled substances produced for use in processes that result in their transformation or for use in processes that result in their destruction and quantity sold for use in processes that result in their transformation or for use in processes that result in their destruction;
      (iii) Dated records of the quantity of controlled substances produced for an essential-use and quantity sold for use in an essential-use process;
      
      
      (vi) Copies of invoices or receipts documenting sale of controlled substance for use in processes resulting in their transformation or for use in processes resulting in destruction;
      (vii) Dated records of the quantity of each controlled substance used at each facility as feedstocks or destroyed in the manufacture of a controlled substance or in the manufacture of any other substance, and any controlled substance introduced into the production process of the same controlled substance at each facility;
      (viii) Dated records identifying the quantity of each chemical not a controlled substance produced within each facility also producing one or more controlled substances;
      (ix) Dated records of the quantity of raw materials and feedstock chemicals used at each facility for the production of controlled substances;
      (x) Dated records of the shipments of each controlled substance produced at each plant;
      (xi) The quantity of controlled substances, the date received, and names and addresses of the source of used materials containing controlled substances which are recycled or reclaimed at each plant;
      (xii) Records of the date, the controlled substance, and the estimated quantity of any spill or release of a controlled substance that equals or exceeds 100 pounds;
      (xiii) Internal Revenue Service Certificates in the case of transformation, or the destruction verification in the case of destruction (as in §82.13(k)), showing that the purchaser or recipient of a controlled substance, in the United States or in another country that is a Party, certifies the intent to either transform or destroy the controlled substance, or sell the controlled substance for transformation or destruction in cases when production and consumption allowances were not expended;
      (xiv) Written verifications that essential-use allowances were conveyed to the producer for the production of specified quantities of a specific controlled substance that will only be used for the named essential-use and not resold or used in any other manufacturing process.
      (xv) Written certifications that quantities of controlled substances, meeting the purity criteria in appendix G of this subpart, were purchased by distributors of laboratory supplies or by laboratory customers to be used only in essential laboratory and analytical uses as defined by appendix G, and not to be resold or used in manufacturing.
       
      (xvii) For class I, Group VI controlled substances methyl bromide, dated records of the quantity of controlled substances produced for quarantine and preshipment applications and quantity sold for quarantine and preshipment applications; 
      (xviii) Written certifications that quantities of     methyl bromide produced solely for quarantine and preshipment applications were purchased by distributors or applicators to be used only for quarantine applications and preshipment applications in accordance with the definitions in this subpart; and 
      (xix) Written verifications from a U.S. purchaser that class I, Group VI controlled substances methyl bromide produced solely for quarantine and preshipment applications, if exported, will be exported solely for quarantine applications and preshipment applications upon receipt of a certification in accordance with the definitions of this subpart and requirements in paragraph (h) of this section.
      (xx) For methyl bromide, dated records such as invoices and order forms, and a log of the quantity of controlled substances produced for critical use, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, and the quantity sold for critical use, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use;
      (xxi) Written certifications that quantities of class I, Group VI controlled substances methyl bromide produced for critical use were purchased by distributors, applicators, or approved critical users to be used or sold only for critical use in accordance with the definitions and prohibitions in this subpart. Certifications must be maintained by the producer for a minimum of three years and;
      (xxii) For class I, Group VI controlled substances methyl bromide, dated records such as invoices and order forms, and a log of the quantity of controlled substances produced solely for export to satisfy critical uses authorized by the Parties for that control period, and the quantity sold solely for export to satisfy critical uses authorized by the Parties for that control period.
       
      (3) Reporting Requirements -- Producers. For each quarter, except as specified below, each producer of a class I controlled substance must provide the Administrator with a report containing the following information:
      (i) The production by company in that quarter of each controlled substance, specifying the quantity of any controlled substance used in processing, resulting in its transformation by the producer;
      (ii) The amount of production for use in processes resulting in destruction of controlled substances by the producer;
      (iii) The levels of production (expended allowances and credits) for each controlled substance;
       
      (v) The amount of controlled substance sold or transferred during the quarter to a person other than the producer for use in processes resulting in its transformation or eventual destruction;
      (vi) A list of the quantities and names of controlled substances exported, by the producer and or by other U.S. companies, to a Party to the Protocol that will be transformed or destroyed and therefore were not produced expending production or consumption allowances;
      (vii) For transformation in the United States or by a person of another Party, one copy of an IRS certification of intent to transform the same controlled substance for a particular transformer and a list of additional quantities shipped to that same transformer for the quarter;
      (viii) For destruction in the United States or by a person of another Party, one copy of a destruction verification (as under §82.13(k)) for a particular destroyer, destroying the same controlled substance, and a list of additional quantities shipped to that same destroyer for the quarter;
       
      (x) A list of the essential-use allowance holders, distributors of laboratory supplies and laboratory customers from whom orders were placed and the quantity of specific essential-use controlled substances requested and produced;
      (xi) The certifications from essential-use allowance holders stating that the controlled substances were purchased solely for specified essential uses and will not be resold or used in any other manufacturing process;
      (xii) In the case of laboratory essential-uses, certifications from distributors of laboratory supplies that controlled substances were purchased for sale to laboratory customers who certify that the substances will only be used for essential laboratory and analytical uses as defined by appendix G of this subpart, and will not be resold or used in manufacturing; or, if sales are made directly to laboratories, certification from laboratories that the controlled substances will only be used for essential laboratory and analytical uses (defined at appendix G of this subpart) and will not be resold or used in manufacturing.
      (xiii) The amount of class I, Group VI controlled substances methyl bromide sold or transferred during the quarter to a person other than the producer solely for quarantine and preshipment applications; 
      (xiv) A list of the quantities of class I, Group VI controlled substances methyl bromide produced by the producer and exported by the producer and/or by other U.S. companies, to a Party to the Protocol that will be used solely for quarantine and preshipment applications and therefore were not produced expending production or consumption allowances; and 
      (xv) For quarantine and preshipment applications of class I, Group VI controlled substances methyl bromide in the United States or by a person of another Party, one copy of a certification that the material will be used only for quarantine and preshipment applications in accordance with the definitions in this subpart from each recipient of the material and a list of additional quantities shipped to that same person for the quarter. 
      (xvi) For critical uses of class I, Group VI controlled substances methyl bromide, producers shall report annually the amount of critical use methyl bromide owned by the reporting entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, as well as quantities held by the reporting entity on behalf of another entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use along with the name of the entity on whose behalf the material is held; and
      (xvii) A list of the quantities of class I, Group VI controlled substances methyl bromide produced by the producer and exported by the producer and/or by other U.S. companies in that control period, solely to satisfy the critical uses authorized by the Parties for that control period; and 
      (xviii) On an annual basis, the amount of class I, Group VI controlled substances methyl bromide produced or imported prior to the January 1, 2005, phaseout date owned by the reporting entity, as well as quantities held by the reporting entity on behalf of another entity, specifying the name of the entity on whose behalf the material is held.
      (4) For any person who fails to maintain the records required by this paragraph, or to submit the report required by this paragraph, the Administrator may assume that the person has produced at full capacity during the period for which records were not kept, for purposes of determining whether the person has violated the prohibitions at §82.4.
      (g) Importers of class I controlled substances during a control period must comply with record-keeping and reporting requirements specified in this paragraph (g).
      (1) Recordkeeping -- Importers. Any importer of a class I controlled substance (including used, recycled and reclaimed controlled substances) must maintain the following records:
      (i) The quantity of each controlled substance imported, either alone or in mixtures, including the percentage of each mixture which consists of a controlled substance;
      (ii) The quantity of those controlled substances imported that are used (including recycled or reclaimed) and, where applicable, the information provided with the petition as under paragraph (g)(2) of this section;
      (iii) The quantity of controlled substances other than transhipments or used, recycled or reclaimed substances imported for use in processes resulting in their transformation or destruction and quantity sold for use in processes that result in their destruction or transformation;
      (iv) The date on which the controlled substances were imported;
      (v) The port of entry through which the controlled substances passed;
      (vi) The country from which the imported controlled substances were imported;
      (vii) The commodity code for the controlled substances shipped, which must be one of those listed in Appendix K to this subpart;
      (viii) The importer number for the shipment;
      (ix) A copy of the bill of lading for the import;
      (x) The invoice for the import;
      (xi) The quantity of imports of used, recycled or reclaimed class I controlled substances 
      (xii) The U.S. Customs entry number;
      (xiii) Dated records documenting the sale or transfer of controlled substances for use in processes resulting in transformation or destruction;
      (xiv) Copies of IRS certifications that the controlled substance will be transformed or destruction verifications that it will be destroyed (as in §82.13(k));
      (xv) Dated records of the quantity of controlled substances imported for an essential use
and 
      (xvi) Copies of certifications that imported controlled substances are being purchased for essential laboratory and analytical uses (defined at appendix G of this subpart) or being purchased for eventual sale to laboratories that certify that controlled substances are for essential laboratory and analytical uses (defined at appendix G of this subpart).
      (xvii) Dated records of the quantity of methyl bromide imported for quarantine and preshipment applications and quantity sold for quarantine and preshipment applications; 

      (xviii) Written certifications that quantities of class I, Group VI controlled substances methyl bromide imported solely for quarantine and preshipment applications were purchased by distributors or applicators to be used only for quarantine and preshipment applications in accordance with the definitions in this subpart; and 
      (xix) Written verifications from a U.S. purchaser that class I, Group VI controlled substances methyl bromide imported solely for quarantine and preshipment applications, if exported, will be exported solely for quarantine and preshipment applications upon receipt of a certification in accordance with the definitions of this Subpart and requirements in paragraph (h) of this section. 
      (xx) For class I, Group VI controlled substances methyl bromide, dated records such as invoices and order forms, of the quantity of controlled substances imported for critical use, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, and the quantity sold for critical use, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, and;
      (xxi) Written certifications that quantities of class I, Group VI controlled substances methyl bromide imported for critical use were purchased by distributors, applicators, or approved critical users to be used or sold only for critical use in accordance with the definitions and prohibitions in this subpart. Certifications must be maintained by an importer for a minimum of three years. 

      (2) Petitioning -- Importers of Used, Recycled or Reclaimed Controlled Substances. For each individual shipment over 5 pounds of a used controlled substance as defined in §82.3, except for Group II used controlled substances shipped in aircraft halon bottles for hydrostatic testing and imports intended for destruction, an importer must submit directly to the Administrator, at least 40 working days before the shipment is to leave the foreign port of export, the following information in a petition: 
      (i) Name, commodity code, and quantity in kilograms of the used controlled substance to be imported;
      (ii) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number; 
      (iii) Name, address, contact person, email address, and phone number of all previous source facilities from which the used controlled substance was recovered or the halon bank storing the controlled substance; 
      (iv) A detailed description of the previous use of the controlled substance at each source facility and a best estimate of when the specific controlled substance was put into the equipment at each source facility, and, when possible, documents indicating the date the material was put into the equipment; 
      (v) A list of the name, make and model number of the equipment from which the material was recovered at each source facility;
      
      (vi) Name, address, contact person, email address, and phone number of the exporter and of all persons to whom the material was transferred or sold after it was recovered from the source facility; 
      (vii) The U.S. port of entry for the import, the expected date of shipment and the vessel transporting the chemical. If at the time of submitting a petition the importer does not know the U.S. port of entry, the expected date of shipment and the vessel transporting the chemical, and the importer receives a non-objection notice for the individual shipment in the petition, the importer is required to notify the Administrator of this information prior to the actual U.S. Customs entry of the individual shipment;
      
      (viii) A description of the intended use of the used controlled substance, and, when possible, the name, address, contact person, email address, and phone number of the ultimate purchaser in the United States; 
      (ix) Name, address, contact person, email address, and phone number of the U.S. reclamation facility, where applicable;
      (x) If someone at the source facility recovered the controlled substance from the equipment, the name, email address, and phone number of that person;
      (xi) If the imported controlled substance was reclaimed in a foreign Party, the name, address, contact person, email address, and phone number of any or all foreign reclamation facility(ies) responsible for reclaiming the cited shipment;
      (xii)  The export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export, and, if recovered in another country, the export license or official communication from the appropriate government agency in that country, and quantity authorized for export in kilograms on the export license(s), and the English translation fo these documents; 
      (xiii) If the imported used controlled substance is intended to be sold as a refrigerant in the U.S., the name, address, and email address of the EPA-certified U.S. reclaimer who will bring the material to the standard required under subpart F of this part of the CAA, if not already reclaimed to those specifications.
      (xiv) A certification of accuracy of the information submitted in the petition. 
       (xv) If the used controlled substance is stored in a halon bank, in lieu of the information required in subparagraphs (iv) through (iv) of this paragraph, the petitioner may provide an official letter from the appropriate government agency in the country where the material is stored indicating that the halon is used and that the halon bank is authorized to collect used halon. If source information in subparagraphs (iv) through (vi) is available, it should also be provided in addition to the letter. 
      (3) Starting on the first working day following receipt by the Administrator of a petition to import a used class I controlled substance, the Administrator will initiate a review of the information submitted under paragraph (g)(2) of this section and take action within 40 working days to issue either an objection-notice or a non-objection notice for the individual shipment to the person who submitted the petition to import the used class I controlled substance.
      (i) For the following reasons, the Administrator may issue an objection notice to a petition:
      
      
      
      (A) If the Administrator determines that the information is insufficient, that is, if the petition lacks or appears to lack any of the information required under §82.13(g)(2) or other information that may be requested during the review of the petition necessary to verify that the controlled substance is used;
      (B) If the Administrator determines that any portion of the petition contains false or misleading information, or the Administrator has information from other U.S. or foreign government agencies indicating that the petition contains false or misleading information;
      (C) If the importer wishes to import a used class I controlled substance from a country which is, for that particular controlled substance, out of compliance regarding its phaseout obligations under the Protocol or the transaction in the petition is contrary to other provisions in the Vienna Convention or the Montreal Protocol;
      (D) If the appropriate government agency in the exporting country has not agreed to issue an export license for the cited individual shipment of used controlled substance;
      (E) If allowing the import of the used class I controlled substance would run counter to government restrictions from either the country of recovery or export regarding controlled ozone-depleting substances;
      (F) If reclamation capacity is installed or is being installed for that specific controlled substance in the country of recovery or country of export and the capacity is funded in full or in part through the Multilateral Fund.
      (ii) Within ten (10) working days after receipt of the objection notice, the importer may re-petition the Administrator, only if the Administrator indicated "insufficient information" as the basis for the objection notice. If no appeal is taken by the tenth working day after the date on the objection notice, the objection shall become final. Only one appeal of re-petition will be accepted for any petition received by EPA.
      (iii) Any information contained in the re-petition which is inconsistent with the original petition must be identified and a description of the reason for the inconsistency must accompany the re-petition.
      (iv) In cases where the Administrator does not object to the petition based on the criteria listed in paragraph (g)(3)(i) of this section, the Administrator will issue a non-objection notice.
      (v) To pass the approved used class I controlled substances through U.S. Customs, the non-objection notice issued by EPA must accompany the shipment through U.S. Customs.
      (vi) If for some reason, following EPA's issuance of a non-objection notice, new information is brought to EPA's attention which shows that the non-objection notice was issued based on false information, then EPA has the right to:
      (A) Revoke the non-objection notice;
      (B) Pursue all means to ensure that the controlled substance is not imported into the United States; and
      (C) Take appropriate enforcement actions.
      
      (vii) A person receiving the non-objection notice is permitted to import the individual shipment only within one year of the date stamped on the non-objection notice.
       (viii) A person receiving a non-objection notice from the Administrator for a petition to import used class I controlled substances must maintain the following records:
      (A) a copy of the petition;
      (B) the EPA non-objection notice;
      (C) the bill of lading for the import; and
      (D) The U.S. Customs entry number.
      (4) Reporting Requirements -- Importers. For each quarter, except as specified below, every importer of a class I controlled substance (including importers of used, recycled or reclaimed controlled substances) must submit to the Administrator a report containing the following information:
      (i) Summaries of the records required in paragraphs (g)(1) (i) through (xvi) of this section for the previous quarter;
      (ii) The total quantity imported in kilograms of each controlled substance for that quarter;
      (iii) The quantity of those controlled substances imported that are used controlled substances.
      (iv) The levels of import (expended consumption allowances before January 1, 1996) of controlled substances for that quarter and totaled by chemical for the control-period-to-date;
       
      (viii) The amount of controlled substances imported for use in processes resulting in their transformation or destruction;
      (ix) The amount of controlled substances sold or transferred during the quarter to each person for use in processes resulting in their transformation or eventual destruction;
      (x) The amount of controlled substances sold or transferred during the quarter to each person for an essential use;
       
      (xii) Internal Revenue Service Certificates showing that the purchaser or recipient of imported controlled substances intends to transform those substances or destruction verifications (as in §82.13(k)) showing that purchaser or recipient intends to destroy the controlled substances; and
      (xiii) The certifications from essential-use allowance holders stating that the controlled substances were purchased solely for specified essential-uses and will not be resold or used in manufacturing; and the certifications from distributors of laboratory supplies that the controlled substances were purchased solely for eventual sale to laboratories that certify the controlled substances are for essential laboratory and analytical uses (defined at appendix G of this subpart), or if sales are made directly to laboratories, certifications from laboratories that the controlled substances will only be used for essential laboratory and analytical uses (defined at appendix G of this subpart) and will not be resold or used in manufacturing.
      (xiv) In the case of laboratory essential uses, a certification from distributors of laboratory supplies that controlled substances were purchased for sale to laboratory customers who certify that the substances will only be used for laboratory applications and will not be resold or used in manufacturing; and
      
      (xv) The amount of class I, Group VI controlled substances methyl bromide sold or transferred during the quarter to a person other than the importer solely for quarantine and preshipment applications; 
      (xvi) A list of the quantities of class I, Group VI controlled substances methyl bromide exported by the importer and or by other U.S. companies, to a Party to the Protocol that will be used solely for quarantine and preshipment applications and therefore were not imported expending consumption allowances; and 
      (xvii) For quarantine and preshipment applications of class I, Group VI controlled substances methyl bromide in the United States or by a person of another Party, one copy of a certification that the material will be used only for quarantine and preshipment applications in accordance with the definitions in this subpart from each recipient of the material and a list of additional quantities shipped to that same person for the quarter.
      (xviii) For critical uses of class I, Group VI controlled substances methyl bromide, importers shall report annually the amount of critical use methyl bromide owned by the reporting entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, as well as quantities held by the reporting entity on behalf of another entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use along with the name of the entity on whose behalf the material is held. 
      (xix) Importers shall report annually the amount of methyl bromide produced or imported prior to the January 1, 2005, phaseout date owned by the reporting entity, as well as quantities held by the reporting entity on behalf of another entity, specifying the name of the entity on whose behalf the material is held.
      
 
      (5) Certification of Intent to Import for Destruction. For each individual shipment of a class I controlled substance imported with the intent to destroy that substance, an importer must submit electronically to the Administrator, at least 30 working days before the shipment is to leave the foreign port of export, the following information:
      (i) Name, commodity code, and quantity in kilograms of each controlled substance to be imported, 
      (ii) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number;
      (iii) Name and address of any intermediary who will aggregate controlled substances imported for destruction, and the contact person's name, email address, and phone number;
      (iv) The U.S. port of entry for the import, the expected date of shipment and the vessel transporting the chemical. If at the time of submitting the certification of intent to import for destruction the importer does not know the U.S. port of entry, the expected date of shipment and the vessel transporting the material, and the importer receives a non-objection notice for the individual shipment in the petition, the importer is required to notify the Administrator of this information prior to the entry of the individual shipment into the United States;
      (v) Name, address, contact person, email address, and phone number of the responsible party at the destruction facility; 
      (vi) The export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export,  and if recored in another country, the export license or official communication from the appropriate government agency in that country, and quantity authorized for export in kilograms on the export license, and an English translation of these documents; and  
      (viii) A certification of accuracy of the information submitted in the certification.
      (6) For each individual shipment of a class I controlled substance imported with the intent to destroy that substance, an importer must submit to the Administrator a copy of the destruction verification within 30 days after destruction of the controlled substance(s). 
      (7) (i) Starting on the first working day following receipt by the Administrator of a certification of intent to import a class II controlled substance for destruction, the Administrator will initiate a review of the information submitted under paragraph (g)(5) of this section and take action within 30 working days to issue either an objection-notice or a non-objection notice for the individual shipment to the person who submitted the certification of intent to import the class II controlled substance for destruction.
      (ii) The Administrator may issue an objection notice if the petition lacks or appears to lack any of the information required under this subparagraph or for the reasons listed in §82.13(g)(3)(i)(B)-(F).
      (iii) In cases where the Administrator does not object to the petition, the Administrator will issue a non-objection notice.
      (iv) To pass the approved class I controlled substances through U.S. Customs, the non-objection notice issued by EPA must accompany the shipment through U.S. Customs.
      (v) If for some reason, following EPA's issuance of a non-objection notice, new information is brought to EPA's attention which shows that the non-objection notice was issued base on false information, then EPA has the right to: 
      (a) Revoke the non-objection notice; 
      (B) Pursue all means to ensure that the class I controlled substance is not imported into the U.S.; and
      (C) Take appropriate enforcement actions. 
      (8) A person receiving the non-objection notice is permitted to import the individual shipment only within one year of the date stamped on the non-objection notice. 
      (9) A person receiving a non-objection notice from the Administrator for a certification of intent to import class I controlled substances for destruction must maintain the following records:
      (i) A copy of the certificate of intent to import for destruction;
      (ii) The EPA non-objection notice; 
      (iii) A copy of the export license, export license application, or official communication from the appropriate government agency in the country of export; 
      (iv) U.S. Customs entry documents for the import that must include one of the commodity codes from Appendix K to this subpart; 
      (v) The date, amount, and type of controlled substance sent for destruction, per shipment; 
      (vi) An invoice from the destruction facility verifying the shipment was received; and 
      (vii) A copy of the destruction verification from the destruction facility; and 
      (viii) An English translation of the document in paragraph (iii).  
      (10) A person identified in §82.13(g)(5)(iii) as aggregating a controlled substance prior to destruction must: 
      (i) Maintain transactional records that include the name and address of the entity from whom they received the controlled substance imported for destruction;
      (ii) Maintain transactional records that include the name and address of the entity to whom they sent the controlled substance sent for destruction;
      (iii) Maintain transactional records that include the date and quantity of the imported controlled substance sent for destruction; 
      (iv) If the person is the final aggregator of such a controlled substance before the material is destroyed, maintain a copy of the destruction verification. 

        
      (h) Reporting Requirements - Exporters (1) For any exports of class I controlled substances (except methyl bromide) not reported under   paragraph (f)(3) of this section (reporting for producers of controlled substances), the exporter who exported a class I controlled substance (except class I, Group VI controlled substances methyl bromide) must submit to the Administrator the following information within 45 days after the end of the control period in which the unreported exports left the United States: 
      (i) The names and address of the exporter and the recipient of the exports; 
      (ii) The exporter's Employer Identification Number;
      (iii) The type and quantity of each controlled substance exported including the quantity of controlled substance that is used, recycled or reclaimed. 
      (iv) The date on which, and the port from which, the controlled substances were exported from the United States or its territories;
      (v) The country to which the controlled substances were exported;
      (vi) The amount exported to each Article 5 country;
      (vii) The commodity code of the controlled substance shipped; and
      (viii) The invoice or sales agreement containing language similar to the Internal Revenue Service Certificate that the purchaser or recipient of imported controlled substances intends to transform those substances, or destruction verifications (as in paragraph (k) of this section) showing that the purchaser or recipient intends to destroy the controlled substances.
      
       (2) For any exports of class I, Group VI controlled substances methyl bromide not reported under paragraph (f)(3) of this section (reporting for producers of controlled substances), the exporter who exported class I, Group VI controlled substances methyl bromide must submit to the Administrator the following information within 45 days after the end of each quarter in which the unreported exports left the United States: 
      (i) The names and addresses of the exporter and the recipient of the exports;
      (ii) The exporter's Employer Identification Number;
      (iii) The quantity of class I, Group VI controlled substances methyl bromide exported by use (transformation, destruction, critical use, or quarantine and pre-shipment); 
      (iv) The date on which, and the port from which, the class I, Group VI controlled substances methyl bromide was exported from the United States or its territories; 
      (v) The country to which the class I, Group VI controlled substances methyl bromide was exported; 
      (vi) The amount exported to each Article 5 country;
      (vii) The commodity code of the controlled substance shipped; and
      
       (viii) The invoice or sales agreement containing language similar to the Internal Revenue Service Certificate that the purchaser or recipient of imported class I, Group VI controlled substances methyl bromide intends to transform those substances, the destruction verifications (as in paragraph (k) of this section) showing that the purchaser or recipient intends to destroy the controlled substances, or the certification that the purchaser or recipient and the eventual applicator will only use the material for quarantine and preshipment applications in accordance with the definitions in this subpart. 
       (i) 
      
      
      
      
      
      
      
      (j) Persons who destroy class I controlled substances shall, following promulgation of this rule, provide EPA with a one-time report stating the destruction unit's destruction efficiency and the methods used to record the volume destroyed and those used to determine destruction efficiency and the name of other relevant federal or state regulations that may apply to the destruction process. Any changes to the unit's destruction efficiency or methods used to record volume destroyed and to determine destruction efficiency must be reflected in a revision to this report to be submitted to EPA within 60 days of the change.
      (k) Persons who purchase or receive and subsequently destroy controlled class I substances that were originally produced without expending allowances shall provide the producer or importer from whom they purchased or received the controlled substances with a verification that controlled substances will be used in processes that result in their destruction.
      (1) The destruction verification shall include the following:
      (i) Identity and address of the person intending to destroy controlled substances;
      (ii) Indication of whether those controlled substances will be completely destroyed, as defined in §82.3 of this rule, or less than completely destroyed, in which case the destruction efficiency at which such substances will be destroyed must be included;
      (iii) Period of time over which the person intends to destroy controlled substances; and
      (iv) Signature of the verifying person.
      (2) If, at any time, any aspects of this verification change, the person must submit a revised verification reflecting such changes to the producer from whom that person purchases controlled substances intended for destruction.
      (l) Persons who purchase class I controlled substances and who subsequently transform such controlled substances shall provide the producer or importer with the IRS certification that the controlled substances are to be used in processes resulting in their transformation.
      (m) Any person who transforms or destroys class I controlled substances who has submitted an IRS certificate of intent to transform or a destruction verification (as under paragraph (k) of this section) to the producer or importer of the controlled substance, must report the names and quantities of class I controlled substances transformed and destroyed for each control period within 45 days of the end of such control period.
      (n) Persons who import or export used controlled substances (including recycled or reclaimed) must label their bill of lading or invoice indicating that the controlled substance is used, recycled or reclaimed.
      (o) Persons who import heels of controlled substances must label their bill of lading or invoice indicating that the controlled substance in the container is a heel.
      (p) Every person who brings back a container with a heel to the United States, as defined in §82.3, must report quarterly the amount brought into the United States certifying that the residual amount in each shipment is less than 10 percent of the volume of the container and will either:
      (1) Remain in the container and be included in a future shipment;
      (2) Be recovered and transformed;
      (3) Be recovered and destroyed; or
      (4) Be recovered for a non-emissive use.
      (q) Every person who brings a container with a heel into the United States must report on the final disposition of each shipment within 45 days of the end of the control period.
      (r) Every person who transships a controlled substance must maintain records that indicate that the controlled substance shipment originated in a foreign country destined for another foreign country, and does not enter interstate commerce with the United States.
      (s) Any person allocated essential-use allowances who submits an order to a producer or importer for a controlled substance must report the quarterly quantity received from each producer or importer.
      (t) Any distributor of laboratory supplies receiving controlled substances under the global laboratory essential-use exemption for sale to laboratory customers must report quarterly the quantity received of each controlled substance from each producer or importer.
      (u) Holders of Essential-Use Allowances -- Reporting.
      (1) Within 30 days of the end of every quarter, any person allocated essential-use allowances must submit to the Administrator a report containing the quantity of each controlled substance, in kilograms, purchased and received from each producer and each importer during that quarter as well as from which country the controlled substance was imported.
      (2) Any person allocated essential-use allowances must submit to the Administrator a report containing the following information within 30 days of the end of the control period, and, if possible, within 20 days of the end of the control period:
      (i) The gross quantity of each controlled substance, in kilograms, that was used for the essential use during the control period; and
      (ii) The quantity of each controlled substance, in kilograms, contained in exported products during the control period; and
      (iii) The quantity of each controlled substance, in kilograms, that was destroyed or recycled during the control period; and
      (iv) The quantity of each controlled substance, in kilograms, held in inventory as of the last day of the control period, that was acquired with essential use allowances in all control periods (i.e. quantity on hand at the end of the year); and
      (v) The quantity of each controlled substance, in kilograms, in a stockpile that is owned by the company or is being held on behalf of the company under contract, and was produced or imported through the use of production allowances and consumption allowances prior to the phaseout (i.e. class I ODSs produced before their phaseout dates); and
      (vi) For essential use allowances for metered-dose inhalers only, the allowance holder must report the total number of marketable units of each specific metered-dose inhaler product manufactured in the control period.
      
       (v) Any distributor of laboratory supplies who purchased controlled substances under the global essential laboratory and analytical use exemption must submit quarterly the quantity of each controlled substance purchased by each laboratory customer or distributor whose certification was previously provided to the distributor pursuant to paragraphs (w) of this section, the contact information for the source company from which material was purchased, and the laboratories to whom the material is sold. 
      (w) A laboratory customer purchasing a controlled substance under the global essential laboratory and analytical use exemption must provide the producer, importer or distributor with a one-time-per-year certification for each controlled substance that the substance will only be used for essential laboratory and analytical uses (defined at appendix G of this subpart) and not be resold or used in manufacturing.
      (1) The identity and address of the laboratory customer;
      
      (2) The name, email address, and phone number of a contact person for the laboratory customer;
      (3) The name and quantity of each controlled substance purchased, and the estimated percent of the controlled substance that will be used for each listed type of laboratory application.
      (x) Any distributor of laboratory supplies who purchased class I controlled substances under the global essential laboratory and analytical use exemption, and who only sells the class I controlled substances as reference standards for calibrating laboratory analytical equipment, may write a letter to the Administrator requesting permission to submit the reports required under paragraph (v) of this section annually rather than quarterly. The Administrator will review the request and issue a notification of permission to file annual reports if, in the Administrator's judgment, the distributor meets the requirements of this paragraph. Upon receipt of a notification of extension from the Administrator, the distributor must submit annually the quantity of each controlled substance purchased by each laboratory customer whose certification was previously provided to the distributor pursuant to paragraph (w) of this section. 
      
       (y) Every distributor of methyl bromide who purchases or receives a quantity produced or imported for quarantine or preshipment applications under the exemptions in this subpart must comply with the following recordkeeping and reporting requirements: 
      (1) Every distributor of quarantine and preshipment methyl bromide must certify to the producer, importer, or distributor from whom they purchased or received the controlled substance that quantities purchased or received will be sold only for quarantine applications or preshipment applications in accordance with the definitions in this subpart.
      (2) Every distributor of quarantine and preshipment methyl bromide must receive from an applicator, exporter, or distributor to whom they sell or deliver the controlled substance a certification, prior to delivery, stating that the quantity of will be used or sold solely for quarantine applications or preshipment applications in accordance with definitions in this subpart.
      (3) Every distributor of quarantine and preshipment methyl bromide must maintain the certifications as records for 3 years.
      (4) Every distributor of quarantine and preshipment methyl bromide must report to the Administrator within 45 days after the end of each quarter, the total quantity delivered to applicators or end users for quarantine applications and preshipment applications in accordance with definitions in this Subpart.
      (z) Every applicator of class I, Group VI controlled substances methyl bromide who purchases or receives a quantity produced or imported solely for quarantine or preshipment applications under the exemptions in this subpart must comply with the following recordkeeping and reporting requirements: 
      (1) Recordkeeping -- Applicators. Every applicator of class I, Group VI controlled substances methyl bromide produced or imported for quarantine and preshipment applications under the exemptions of this subpart must maintain, for every application, a document from the commodity owner, shipper or their agent requesting the use of class I, Group VI controlled substances methyl bromide citing the requirement that justifies its use in accordance with definitions in this subpart. These documents shall be retained for 3 years. 
      (2) Reporting -- Applicators. Every applicator who purchases or receives class I, Group VI controlled substances methyl bromide that was produced or imported for quarantine and preshipment applications under the exemptions in this subpart shall provide the distributor of the methyl bromide, prior to shipment, with a certification that the class I, Group VI controlled substances methyl bromide will be used only for quarantine applications or preshipment applications as defined in this subpart. 
      (aa) Every commodity owner, shipper or their agent requesting an applicator to use class I, Group VI controlled substances methyl bromide that was produced or imported solely for quarantine and preshipment applications under the exemptions of this subpart must maintain a record for 3 years, for each request, certifying knowledge of the requirements associated with the exemption for quarantine and preshipment applications in this subpart and citing the requirement that justifies its use. The record must include the following statement: "I certify knowledge of the requirements associated with the exempted quarantine and preshipment applications published in 40 CFR part 82, including the requirement that this letter cite the treatments or official controls for quarantine applications or the official requirements for preshipment requirements." 
      (bb) Every distributor of methyl bromide (class I, Group VI controlled substances) who purchases or receives a quantity of critical use methyl bromide must comply with recordkeeping and reporting requirements specified in this paragraph (bb).
      (1) Recordkeeping -- Every distributor of critical use methyl bromide must certify to the producer or importer or other entity from which they are acquiring quantities of critical use methyl bromide that such quantities received will be sold or used only for approved critical use(s) in accordance with the definitions and prohibitions in this subpart.
      (i) Every distributor of a quantity of critical use methyl bromide must receive from an applicator, or any other entity to whom they sell critical use methyl bromide, a certification of the quantity of critical use methyl bromide ordered, prior to delivery of the quantity, stating that the quantity will be sold or used only for approved critical uses in accordance with definitions and prohibitions in this subpart.
      (ii) Every distributor of methyl bromide who receives a certification from an applicator or any other entity to which they sell critical use methyl bromide must maintain the certifications as records for 3 years.
      (iii) Every distributor of a quantity of critical use methyl bromide must maintain invoice and order records related to the sale of such material for 3 years.
      (2) Reporting -- Every distributor of critical use methyl bromide must report to the Administrator annually, the following items:
      (i) For critical uses of class I, Group VI controlled substances, an annual list of the amount of critical use methyl bromide bought;
      (ii) For critical uses of class I, Group VI controlled substances, an annual list of the amount of critical use methyl bromide sold for each specified critical use in Appendix L of this subpart;
      (iii) For critical uses of class I, Group VI controlled substances, report the amount of critical use methyl bromide owned by the reporting entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, as well as quantities held by the reporting entity on behalf of another entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, along with the name of the entity on whose behalf the material is held;
      (iv) [Reserved]
      (v) The amount of methyl bromide produced or imported prior to the January 1, 2005, phaseout date owned by the reporting entity, as well as quantities held by the reporting entity on behalf of another entity, specifying the name of the entity on whose behalf the material is held.
      (cc) Every third party applicator of methyl bromide (class I, Group VI controlled substances) that purchases or receives critical use methyl bromide must comply with recordkeeping and reporting requirements specified in this paragraph (cc).
      (1) Recordkeeping -- Every third party applicator of critical use methyl bromide must certify to the producer or importer or other entity from which they are acquiring quantities of critical use methyl bromide that such quantities received will be sold or used only for approved critical use(s) in accordance with the definitions and prohibitions in this subpart.
      (i) Every third party applicator of a quantity of critical use methyl bromide must receive from any entity to whom they sell critical use methyl bromide, a certification of the quantity of critical use methyl bromide ordered, prior to delivery of the quantity, stating that the quantity will be sold or used only for approved critical uses in accordance with definitions and prohibitions in this subpart.
      (ii) Every third party applicator of methyl bromide who receives a certification from an entity to which they sell critical use methyl bromide must maintain the certifications as records for 3 years.
      (iii) Every third party applicator of a quantity of critical use methyl bromide must maintain invoice and order records related to the sale of such material for 3 years.
      (2) Reporting -- Every third party applicator of critical use methyl bromide must report to the Administrator annually, the following items:
      (i) For critical uses of class I, Group VI controlled substances, an annual list of the amount of critical use methyl bromide bought;
      (ii) For critical uses of class I, Group VI controlled substances, an annual list of the amount of critical use methyl bromide sold for each specified critical use in Appendix L of this subpart;
      (iii) For critical uses of class I, Group VI controlled substances, report annually the amount of critical use methyl bromide owned by the reporting entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, as well as quantities held by the reporting entity on behalf of another entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, along with the name of the entity on whose behalf the material is held;
      (iv) [Reserved]
      (v) The amount of methyl bromide produced or imported prior to the January 1, 2005 phaseout date owned by the reporting entity, as well as quantities held by the reporting entity on behalf of another entity, specifying the name of the entity on whose behalf the material is held.
      (dd) Every approved critical user purchasing an amount of critical use methyl bromide or purchasing fumigation services with critical use methyl bromide must, for each request, identify the use as a critical use and certify being an approved critical user. The approved critical user certification will state, in part: "I certify, under penalty of law, I am an approved critical user and I will use this quantity of methyl bromide for an approved critical use. My action conforms to the requirements associated with the critical use exemption published in 40 CFR part 82. I am aware that any agricultural commodity within a treatment chamber, facility or field I fumigate with critical use methyl bromide cannot subsequently or concurrently be fumigated with non-critical use methyl bromide during the same control period, excepting a QPS treatment or a treatment for a different use (e.g., a different crop or commodity). I will not use this quantity of methyl bromide for a treatment chamber, facility, or field that I previously fumigated with non-critical use methyl bromide during the same control period, excepting a QPS treatment or a treatment for a different use (e.g., a different crop or commodity), unless a local township limit now prevents me from using methyl bromide alternatives or I have now become an approved critical user as a result of rulemaking." The certification will also identify the type of critical use methyl bromide purchased, the location of the treatment, the crop or commodity treated, the quantity of critical use methyl bromide purchased, and the acreage/square footage treated, and will be signed and dated by the approved critical user.
§82.14 Process for Electronic Reporting - Subpart A  
	(a) Starting [insert date 60 days from date of publication in the Federal Register] reports and petitions that are available to be submitted through the Central Data Exchange, as well as  any related supporting documents, must be submitted through that tool.
      (b) Entities can register and access the Central Data Exchange as follows: 
      (i) Go to EPA's Central Data Exchange website at https://cdx.epa.gov and follow the links for the submission of ozone-depleting substances.
      (ii) Call the EPA's Central Data Exchange Help Desk at 1-888-890-1995.
      (iii) E-mail the EPA's Central Data Exchange Help Desk at HelpDesk@epacdx.net.







§82.15 Prohibitions for class II controlled substances.
      (a) Production. (1)  Effective January 21, 2003, no person may produce class II controlled substances for which EPA has apportioned baseline production and consumption allowances, in excess of the quantity of unexpended production allowances, unexpended Article 5 allowances, unexpended export production allowances, or conferred unexpended HCFC-141b exemption allowances held by that person for that substance under the authority of this subpart at that time in that control period, unless the substances are transformed or destroyed domestically or by a person of another Party, or unless they are produced using an exemption granted in paragraph (f) of this section. Every kilogram of excess production constitutes a separate violation of this subpart.
      (2) Effective January 21, 2003, no person may use production allowances to produce a quantity of class II controlled substance unless that person holds under the authority of this subpart at the same time consumption allowances sufficient to cover that quantity of class II controlled substances. No person may use consumption allowances to produce a quantity of class II controlled substances unless the person holds under authority of this subpart at the same time production allowances sufficient to cover that quantity of class II controlled substances.
      (b) Import. (1) Effective January 21, 2003, no person may import class II controlled substances (other than transhipments, heels or used class II controlled substances) for which EPA has apportioned baseline production and consumption allowances, in excess of the quantity of unexpended consumption allowances, or conferred unexpended HCFC-141b exemption allowances held by that person under the authority of this subpart at that time in that control period, unless the substances are for use in a process resulting in their transformation or their destruction, or unless they are produced using an exemption granted in paragraph (f) of this section. Every kilogram of excess import constitutes a separate violation of this subpart.
      (2) Effective January 21, 2003, no person may import, at any time in any control period, a used class II controlled substance for which EPA has apportioned baseline production and consumption allowances, without having submitted a petition to the Administrator and received a non-objection notice in accordance with §82.24(c)(3) and (4). A person issued a non-objection notice for the import of an individual shipment of used class II controlled substances may not transfer or confer the right to import, and may not import any more than the exact quantity (in kilograms) of the used class II controlled substance stated in the non-objection notice. Every kilogram of import of used class II controlled substance in excess of the quantity stated in the non-objection notice issued by the Administrator in accordance with §82.24(c)(3) and (4) constitutes a separate violation of this subpart.



      (3) No person may import for purposes of destruction, at any time in any control period, a class II controlled substance for which EPA has apportioned baseline production and consumption allowances, without having submitted a certification of intent to import for destruction to the Administrator and received a non-objection notice in accordance with §82.24(c)(6). A person issued a non-objection notice for the import of an individual shipment of class II controlled substances for destruction may not transfer or confer the right to import and may not import any more than the exact quantity (in kilograms) of the class II controlled substance stated in the non-objection notice. For imports intended to be destroyed in the United States, a person issued a non-objection notice must destroy the controlled substance within one year of the date stamped on the non-objection letter, may not transfer or confer the right to import, and may not import any more than the exact quantity (in kilograms) of the class II controlled substance stated in the non-objection notice. Every kilogram of import of class II controlled substance in excess of the quantity stated in the non-objection notice issued by the Administrator in accordance with §82.24(c)(6) constitutes a separate violation of this subpart.
      (c) Production with Article 5 allowances. No person may introduce into U.S. interstate commerce any class II controlled substance produced with Article 5 allowances, except for export to an Article 5 Party as listed in Appendix E of this subpart. Every kilogram of a class II controlled substance produced with Article 5 allowances that is introduced into interstate commerce other than for export to an Article 5 Party constitutes a separate violation under this subpart. No person may export any class II controlled substance produced with Article 5 allowances to a non-Article 5 Party. Every kilogram of a class II controlled substance that was produced with Article 5 allowances that is exported to a non-Article 5 Party constitutes a separate violation under this subpart.
      (d) Production with export production allowances. No person may introduce into U.S. interstate commerce any class II controlled substance produced with export production allowances. Every kilogram of a class II controlled substance that was produced with export production allowances that is introduced into U.S. interstate commerce constitutes a separate violation under this subpart.
      (e) Trade with Parties. No person may import or export any quantity of a class II controlled substance listed in Appendix A to this subpart, from or to any foreign state that is not either:
      (1) A Party to the Beijing Amendment. Or,
      (2) A foreign state not party to the Beijing Amendment that is complying with the Beijing Amendment as defined in this subpart.
      (f) Exemptions. (1) Medical Devices [Reserved]
      (g) Introduction into interstate commerce or use. (1) Effective January 1, 2010, no person may introduce into interstate commerce or use HCFC-141b (unless used, recovered, and recycled) for any purpose except for use in a process resulting in its transformation or its destruction; for export to Article 5 Parties under §82.18(a); for HCFC-141b exemption needs; as a transhipment or heel; or for exemptions permitted in paragraph (f) of this section.
      (2)(i) Effective January 1, 2010, no person may introduce into interstate commerce or use HCFC-22 or HCFC-142b (unless used, recovered, and recycled) for any purpose other than for use in a process resulting in its transformation or its destruction; for use as a refrigerant in equipment manufactured before January 1, 2010; for export to Article 5 Parties under §82.18(a); as a transhipment or heel; or for exemptions permitted in paragraph (f) of this section.
      (ii) Introduction into interstate commerce and use of HCFC-22 is not subject to the prohibitions in paragraph (g)(2)(i) of this section if the HCFC-22 is for use in medical equipment prior to January 1, 2015; for use in thermostatic expansion valves prior to January 1, 2015; or for use as a refrigerant in appliances manufactured before January 1, 2012, provided that the components are manufactured prior to January 1, 2010, and are specified in a building permit or a contract dated before January 1, 2010, for use on a particular project.
      (3) Effective January 1, 2015, no person may introduce into interstate commerce or use HCFC-141b (unless used, recovered, and recycled) for any purpose other than for use in a process resulting in its transformation or its destruction; for export to Article 5 Parties under §82.18(a), as a transhipment or heel; or for exemptions permitted in paragraph (f) of this section.
      (4)(i) Effective January 1, 2015, no person may introduce into interstate commerce or use any class II controlled substance not governed by paragraphs (g)(1) through (3) of this section (unless used, recovered and recycled) for any purpose other than for use in a process resulting in its transformation or its destruction; for use as a refrigerant in equipment manufactured before January 1, 2020; for use as a fire suppression streaming agent listed as acceptable for use or acceptable subject to narrowed use limits for nonresidential applications in accordance with the regulations at subpart G of this part; for export to Article 5 Parties under §82.18(a); as a transhipment or heel; for exemptions permitted under paragraph (f) of this section; or for exemptions permitted under paragraph (g)(4)(ii) or (iii) of this section.
      (ii) Effective January 1, 2015, use of HCFC-225ca or HCFC-225cb as a solvent (excluding use in manufacturing a product containing HCFC-225ca or HCFC-225cb) is not subject to the use prohibition in paragraph (g)(4)(i) of this section if the person using the HCFC-225ca or HCFC-225cb placed the controlled substance into inventory before January 1, 2015. This paragraph does not create an exemption to the prohibition on introduction into interstate commerce in paragraph (g)(4)(i) of this section.
      (iii) Effective January 1, 2015, use of HCFC-124 as a sterilant for the manufacture and testing of biological indicators is not subject to the use prohibition in paragraph (g)(4)(i) of this section if the person using the HCFC-124 placed the controlled substance into inventory before January 1, 2015. This paragraph does not create an exemption to the prohibition on introduction into interstate commerce in paragraph (g)(4)(i) of this section.
      (5) (i) Effective January 1, 2020, no person may introduce into interstate commerce or use HCFC-123 or HCFC-124 (unless used, recovered and recycled) for any purpose other than for use in a process resulting in its transformation or its destruction; for use as a refrigerant in equipment manufactured before January 1, 2020; for use as a fire suppression streaming agent listed as acceptable for use or acceptable subject to narrowed use limits for nonresidential applications in accordance with the regulations at subpart G of this part to the extent permitted under paragraph (ii) of this subsection; for export to Article 5 Parties under §82.18(a); as a transhipment or heel; or for exemptions permitted under paragraph (f) of this section.
      (ii) HCFC-123 that was produced or imported after January 1, 2020 may be used as a fire suppression streaming agent only to service equipment manufactured before January 1, 2020. HCFC-123 that was produced or imported prior to January 1, 2020 (or used, recovered and recycled) may be used as a fire suppression streaming agent in equipment manufactured before or after January 1, 2020.
      (iii) Notwithstanding the prohibition on use in paragraph (g)(5)(i) of this section, the use of HCFC-123 as a refrigerant in equipment manufactured between January 1, 2020 but before January 1, 2021 is permitted if the conditions of this paragraph are met. The HCFC-123 must be in the possession of an entity that will complete the manufacture of the appliance and imported prior to January 1, 2020. The appliance components must be ready for shipment to a construction location prior to July 24, 2019 and be specified in a building permit or a contract dated before July 24, 2019 for use on a particular project. All HCFC-123 used to service such appliances on or after January 1, 2021 must be used, recovered, or recycled.
      
      
      
      
      ( 6) Effective January 1, 2030, no person may introduce into interstate commerce or use any class II controlled substance (unless used, recovered, and recycled) for any purpose other than for use in a process resulting in its transformation or its destruction; for export to Article 5 Parties under §82.18(a); as a transhipment or heel; or for exemptions permitted in paragraph (f) of this section.
      ( 7) Effective January 1, 2040, no person may introduce into interstate commerce or use any class II controlled substance (unless used, recovered, and recycled) for any purpose other than for use in a process resulting in its transformation or its destruction, as a transhipment or heel, or for exemptions permitted in paragraph (f) of this section.
      (8) No person may sell or distribute, or offer for sale or distribution, any class II substance that they know, or have reason to know, was imported in violation of this section, except for such actions needed to re-export the controlled substance. Every kilogram of a controlled substance imported in contravention of this paragraph that is sold or distributed, or offered for sale or distribution, constitutes a separate violation of this subpart.
      
      
      
§ 82.16 Phaseout schedule of class II controlled substances.
    	(a) Calendar-year Allowances. (1) In each control period as indicated in the following tables, each person is granted the specified percentage of baseline production allowances and baseline consumption allowances for the specified class II controlled substances apportioned under §82.17 and §82.19:
          Table 1 To Paragraph (a) Calendar-Year HCFC Production Allowances
                                Control Period
                             Percent of
 HCFC-141b
                             Percent
 of
 HCFC-22
                            Percent
 of
 HCFC-142b
                             Percent of
 HCFC-123
                             Percent
 of
 HCFC-124
                            Percent of
 HCFC-225ca
                            Percent of
 HCFC-225cb
2003
                                                                              0
                                                                            100
                                                                            100
                                                                            - 
                                                                            - 
                                                                            - 
                                                                            - 
2004
                                                                              0
                                                                            100
                                                                            100
                                                                            - 
                                                                            - 
                                                                            - 
                                                                            - 
2005
                                                                              0
                                                                            100
                                                                            100
                                                                            - 
                                                                            - 
                                                                            - 
                                                                            - 
2006
                                                                              0
                                                                            100
                                                                            100
                                                                            - 
                                                                            - 
                                                                            - 
                                                                            - 
2007
                                                                              0
                                                                            100
                                                                            100
                                                                            - 
                                                                            - 
                                                                            - 
                                                                            - 
2008
                                                                              0
                                                                            100
                                                                            100
                                                                            - 
                                                                            - 
                                                                            - 
                                                                            - 
2009
                                                                              0
                                                                            100
                                                                            100
                                                                            - 
                                                                            - 
                                                                            - 
                                                                            - 
2010
                                                                              0
                                                                           41.9
                                                                           0.47
                                                                              0
                                                                            125
                                                                            125
                                                                            125
2011
                                                                              0
                                                                           32.0
                                                                            4.9
                                                                              0
                                                                            125
                                                                            125
                                                                            125
2012
                                                                              0
                                                                           17.7
                                                                            4.9
                                                                              0
                                                                            125
                                                                            125
                                                                            125
2013
                                                                              0
                                                                           30.1
                                                                            4.9
                                                                              0
                                                                            125
                                                                            125
                                                                            125
2014
                                                                              0
                                                                           26.1
                                                                            4.9
                                                                              0
                                                                            125
                                                                            125
                                                                            125
2015
                                                                              0
                                                                           21.7
                                                                           0.37
                                                                              0
                                                                              5
                                                                              0
                                                                              0
2016
                                                                              0
                                                                           21.7
                                                                           0.32
                                                                              0
                                                                              5
                                                                              0
                                                                              0
2017
                                                                              0
                                                                           21.7
                                                                           0.26
                                                                              0
                                                                              5
                                                                              0
                                                                              0
2018
                                                                              0
                                                                           21.7
                                                                           0.21
                                                                              0
                                                                              5
                                                                              0
                                                                              0
2019
                                                                              0
                                                                           21.7
                                                                           0.16
                                                                              0
                                                                              5
                                                                              0
                                                                              0
2020
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                            5.0
                                                                              0
                                                                              0
2021
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                            5.0
                                                                              0
                                                                              0
2022
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                            5.0
                                                                              0
                                                                              0
2023
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                            4.0
                                                                              0
                                                                              0
2024
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                            3.8
                                                                              0
                                                                              0
2025
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                            3.2
                                                                              0
                                                                              0
2026
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                            2.5
                                                                              0
                                                                              0
2027
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                            1.9
                                                                              0
                                                                              0
2028
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                            1.3
                                                                              0
                                                                              0
2029
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                            0.7
                                                                              0
                                                                              0
2030
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
      
        Table 2 to paragraph (a) Calendar-Year HCFC Consumption Allowances
                                Control Period
                             Percent of
 HCFC-141b
                             Percent
 of
 HCFC-22
                            Percent
 of
 HCFC-142b
                             Percent of
 HCFC-123
                             Percent
 of
 HCFC-124
                            Percent of
 HCFC-225ca
                            Percent of
 HCFC-225cb
2003
                                                                              0
                                                                            100
                                                                            100
                                                                            - 
                                                                            - 
                                                                            - 
                                                                            - 
2004
                                                                              0
                                                                            100
                                                                            100
                                                                            - 
                                                                            - 
                                                                            - 
                                                                            - 
2005
                                                                              0
                                                                            100
                                                                            100
                                                                            - 
                                                                            - 
                                                                            - 
                                                                            - 
2006
                                                                              0
                                                                            100
                                                                            100
                                                                            - 
                                                                            - 
                                                                            - 
                                                                            - 
2007
                                                                              0
                                                                            100
                                                                            100
                                                                            - 
                                                                            - 
                                                                            - 
                                                                            - 
2008
                                                                              0
                                                                            100
                                                                            100
                                                                            - 
                                                                            - 
                                                                            - 
                                                                            - 
2009
                                                                              0
                                                                            100
                                                                            100
                                                                            - 
                                                                            - 
                                                                            - 
                                                                            - 
2010
                                                                              0
                                                                           41.9
                                                                           0.47
                                                                            125
                                                                            125
                                                                            125
                                                                            125
2011
                                                                              0
                                                                             32
                                                                            4.9
                                                                            125
                                                                            125
                                                                            125
                                                                            125
2012
                                                                              0
                                                                           17.7
                                                                            4.9
                                                                            125
                                                                            125
                                                                            125
                                                                            125
2013
                                                                              0
                                                                             18
                                                                            4.9
                                                                            125
                                                                            125
                                                                            125
                                                                            125
2014
                                                                              0
                                                                           14.2
                                                                            4.9
                                                                            125
                                                                            125
                                                                            125
                                                                            125
2015
                                                                              0
                                                                              7
                                                                            1.7
                                                                            100
                                                                            8.3
                                                                              0
                                                                              0
2016
                                                                              0
                                                                            5.6
                                                                            1.5
                                                                            100
                                                                            8.3
                                                                              0
                                                                              0
2017
                                                                              0
                                                                            4.2
                                                                            1.2
                                                                            100
                                                                            8.3
                                                                              0
                                                                              0
2018
                                                                              0
                                                                            2.8
                                                                              1
                                                                            100
                                                                            8.3
                                                                              0
                                                                              0
2019
                                                                              0
                                                                            1.4
                                                                            0.7
                                                                            100
                                                                            8.3
                                                                              0
                                                                              0
2020
                                                                              0
                                                                              0
                                                                              0
                                                                           32.3
                                                                            8.3
                                                                              0
                                                                              0
2021
                                                                              0
                                                                              0
                                                                              0
                                                                           32.3
                                                                            8.3
                                                                              0
                                                                              0
2022
                                                                              0
                                                                              0
                                                                              0
                                                                           32.3
                                                                            8.3
                                                                              0
                                                                              0
2023
                                                                              0
                                                                              0
                                                                              0
                                                                             28
                                                                            7.3
                                                                              0
                                                                              0
2024
                                                                              0
                                                                              0
                                                                              0
                                                                             24
                                                                            6.3
                                                                              0
                                                                              0
2025
                                                                              0
                                                                              0
                                                                              0
                                                                             20
                                                                            5.3
                                                                              0
                                                                              0
2026
                                                                              0
                                                                              0
                                                                              0
                                                                             16
                                                                            4.2
                                                                              0
                                                                              0
2027
                                                                              0
                                                                              0
                                                                              0
                                                                             12
                                                                            3.2
                                                                              0
                                                                              0
2028
                                                                              0
                                                                              0
                                                                              0
                                                                              8
                                                                            2.2
                                                                              0
                                                                              0
2029
                                                                              0
                                                                              0
                                                                              0
                                                                              4
                                                                            1.1
                                                                              0
                                                                              0
2030
                                                                              0
                                                                              0
                                                                               
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
    
    (2) Recoupment allowances. In the control period beginning January 1, 2013 and ending December 31, 2013, and again in the control period beginning January 1, 2014 and ending December 31, 2014, certain companies are granted HCFC consumption and production allowances in addition to the percentage of baseline listed in the table at paragraph (a)(1) of this section. The following companies will receive the amounts listed below in both 2013 and 2014: 2,374,846 kg of HCFC-22 consumption allowances and 2,305,924 kg of HCFC-22 production allowances to Arkema; 1,170 kg of HCFC-142b consumption allowances to DuPont; 29,146 kg of HCFC-142b consumption allowances and 53,549 kg of HCFC-142b production allowances to Honeywell; 578,948 kg of HCFC-22 consumption allowances to Solvay Fluorides; and 144,900 kg of HCFC-142b production allowances to Solvay Solexis.
      (b) Effective January 1, 2003, no person may produce HCFC-141b except for use in a process resulting in its transformation or its destruction, for export under §82.18(a) using unexpended Article 5 allowances, for export under §82.18(b) using unexpended export production allowances, for HCFC-141b exemption needs using unexpended HCFC-141b exemption allowances, or for exemptions permitted in §82.15(f). Effective January 1, 2003, no person may import HCFC-141b (other than transhipments, heels or used class II controlled substances) in excess of the quantity of unexpended HCFC-141b exemption allowances held by that person except for use in a process resulting in its transformation or its destruction, or for exemptions permitted in §82.15(f).
      (c) Effective January 1, 2010, no person may produce HCFC-22 or HCFC-142b for any purpose other than for use in a process resulting in their transformation or their destruction, for use in equipment manufactured before January 1, 2010, for export under §82.18(a) using unexpended Article 5 allowances, or for export under §82.18(b) using unexpended export production allowances, or for exemptions permitted in §82.15(f). Effective January 1, 2010, no person may import HCFC-22 or HCFC-142b (other than transhipments, heels or used class II controlled substances) for any purpose other than for use in a process resulting in their transformation or their destruction, for exemptions permitted in §82.15(f), or for use in equipment manufactured prior to January 1, 2010.
      (d) Effective January 1, 2015, no person may produce class II controlled substances not previously controlled for any purpose other than for use in a process resulting in their transformation or their destruction, for use as a refrigerant in equipment manufactured before January 1, 2020, for use as a fire suppression streaming agent listed as acceptable for use or acceptable subject to narrowed use limits for nonresidential applications in accordance with the regulations at subpart G of this part, for export under §82.18(a) using unexpended Article 5 allowances, for export under §82.18(b) using unexpended export production allowances, or for exemptions permitted in §82.15(f). Effective January 1, 2015, no person may import class II controlled substances not subject to the requirements of paragraph (b) or (c) of this section (other than transhipments, heels, or used class II controlled substances) for any purpose other than for use in a process resulting in their transformation or their destruction, for exemptions permitted in §82.15(f), for use as a refrigerant in equipment manufactured prior to January 1, 2020, or for use as a fire suppression streaming agent listed as acceptable for use or acceptable subject to narrowed use limits for nonresidential applications in accordance with the regulations at subpart G of this part.
      
      
      (e)(1) Effective January 1, 2020, no person may produce HCFC-22 or HCFC-142b for any purpose other than for use in a process resulting in their transformation or their destruction, for export under §82.18(a) using unexpended Article 5 allowances, or for exemptions permitted in §82.15(f). Effective January 1, 2020, no person may import HCFC-22 or HCFC-142b for any purpose other than for use in a process resulting in their transformation or their destruction, or for exemptions permitted in §82.15(f).
      (2) Effective January 1, 2020, no person may produce HCFC-123 for any purpose other than for use in a process resulting in its transformation or its destruction, for use as a refrigerant in equipment manufactured before January 1, 2020, for export under §82.18(a) using unexpended Article 5 allowances, or for exemptions permitted in §82.15(f). Effective January 1, 2020, no person may import HCFC-123 for any purpose other than for use in a process resulting in its transformation or its destruction, for use as a refrigerant in equipment manufactured before January 1, 2020, for use as a fire suppression streaming agent in equipment manufactured before January 1, 2020 listed as acceptable for use or acceptable subject to narrowed use limits for nonresidential applications, or for exemptions permitted in §82.15(f).
      (f) Effective January 1, 2030, no person may produce class II controlled substances, for any purpose other than for use in a process resulting in their transformation or their destruction, for export under §82.18(a) using unexpended Article 5 allowances, or for exemptions permitted in §82.15(f). Effective January 1, 2030, no person may import class II controlled substances for any purpose other than for use in a process resulting in their transformation or their destruction, or for exemptions permitted in §82.15(f).
      (g) Effective January 1, 2040, no person may produce class II controlled substances for any purpose other than for use in a process resulting in their transformation or their destruction, or for exemptions permitted in §82.15(f).
      (h) [Reserved]

§82.23 Transfers of allowances of class II controlled substances.
      (a) Inter-company transfers. Effective January 1, 2003, a person ("transferor") may transfer to any other person ("transferee") any quantity of the transferor's class II consumption allowances, production allowances, export production allowances, or Article 5 allowances for the same type of allowance as follows:
      (i) The transferor must submit to the Administrator a transfer claim setting forth the following:
      (A) The identities and addresses of the transferor and the transferee;
      (B) The name and telephone numbers of contact persons for the transferor and the transferee;
      (C) The type of allowances being transferred, including the names of the class II controlled substances for which allowances are to be transferred;
      (D) The quantity (in kilograms) of allowances being transferred;
      (E) The control period(s) for which the allowances are being transferred;
      
      (G) For trades of consumption allowances, production allowances, export production allowances, or Article 5 allowances, the quantity of the 0.1 percent offset applied to the unweighted quantity traded that will be deducted from the transferor's allowance balance.
      (ii) The Administrator will determine whether the records maintained by EPA indicate that the transferor possesses unexpended allowances sufficient to cover the transfer claim on the date the transfer claim is processed. The transfer claim is the quantity (in kilograms) to be transferred plus 0.1 percent of that quantity. The Administrator will take into account any previous transfers, any production, and allowable imports and exports of class II controlled substances reported by the transferor. Within three working days of receiving a complete transfer claim, the Administrator will take action to notify the transferor and transferee as follows:
      (A) The Administrator will issue a notice indicating that EPA does not object to the transfer if EPA's records show that the transferor has sufficient unexpended allowances to cover the transfer claim. In the case of transfers of production or consumption allowances, EPA will reduce the transferor's balance of unexpended allowances by the quantity to be transferred plus 0.1 percent of that quantity. In the case of transfers of export production or Article 5 allowances, EPA will reduce the transferor's balance of unexpended allowances, respectively, by the quantity to be transferred plus 0.1 percent of that quantity. The transferor and the transferee may proceed with the transfer when EPA issues a no objection notice. However, if EPA ultimately finds that the transferor did not have sufficient unexpended allowances to cover the claim, the transferor and transferee, where applicable, will be held liable for any knowing violations of the regulations of this subpart that occur as a result of, or in conjunction with, the improper transfer.
      (B) The Administrator will issue a notice disallowing the transfer if EPA's records show that the transferor has insufficient unexpended allowances to cover the transfer claim, or that the transferor has failed to respond to one or more Agency requests to supply information needed to make a determination. Either party may file a notice of appeal, with supporting reasons, with the Administrator within 10 working days after receipt of notification. The Administrator may affirm or vacate the disallowance. If no appeal is taken by the tenth working day after notification, the disallowance shall be final on that day.
      (iii) The transferor and transferee may proceed with the transfer if the Administrator does not respond to a transfer claim within the three working days specified in paragraph (a)(1)(ii) of this section. In the case of transfers of production or consumption allowances, EPA will reduce the transferor's balance of unexpended allowances by the quantity to be transferred plus 0.1 percent of that quantity. In the case of transfers of export production allowances or Article 5 allowances, EPA will reduce the transferor's balance of unexpended allowances by the quantity to be transferred plus 0.1 percent of that quantity. If EPA ultimately finds that the transferor did not have sufficient unexpended allowances to cover the claim, the transferor and/or the transferee, where applicable, will be held liable for any knowing violations of the regulations of this subpart that occur as a result of, or in conjunction with, the improper transfer.
      (b) Inter-pollutant transfers. (1) Effective January 1, 2003, a person (transferor) may convert consumption allowances, production allowances or Article 5 allowances for one class II controlled substance to the same type of allowance for another class II controlled substance listed in appendix B of this subpart, following the procedures described in paragraph (b)(3) of this section. 
      (i) Effective January 1, 2020, a person (transferor) may only convert allowances for one class II controlled substance for which EPA has issued allowances under §82.16 to another class II controlled substance for which EPA has issued allowances under §82.16.
      (ii) [Reserved]
      (2) Inter-pollutant transfers will be permitted at any time during the control period and during the 30 days after the end of a control period.
      (3) The transferor must submit to the Administrator a transfer claim that includes the following:
      (i) The identity and address of the transferor;
      (ii) The name and telephone number of a contact person for the transferor;
      (iii) The type of allowances being converted, including the names of the class II controlled substances for which allowances are to be converted;
      (iv) The quantity (in kilograms) and type of allowances to be converted;
      (v) The quantity (in kilograms) of allowances to be subtracted from the transferor's unexpended allowances for the first class II controlled substance, to be equal to 100.1 percent of the quantity of allowances converted;
      (vi) The quantity (in kilograms) of allowances to be added to the transferee's unexpended allowances for the second class II controlled substance, to be equal to the quantity (in kilograms) of allowances for the first class II controlled substance being converted multiplied by the quotient of the ozone depletion potential of the first class II controlled substance divided by the ozone depletion potential of the second class II controlled substance, as listed in Appendix B to this subpart;
      (vii) The control period(s) for which the allowances are being converted; and
      (viii) The quantity (in kilograms) of unexpended allowances of the type and for the control period being converted that the transferor holds under authority of this subpart as of the date the claim is submitted to EPA.
      (4) The Administrator will determine whether the records maintained by EPA indicate that the convertor possesses unexpended allowances sufficient to cover the transfer claim on the date the transfer claim is processed (i.e., the quantity (in kilograms) to be converted plus 0.1 percent of that quantity (in kilograms)). EPA will take into account any previous transfers, and any production, imports (not including transshipments or used class II controlled substances), or exports (not including transhipments or used class II controlled substances) of class II controlled substances reported by the convertor. Within three working days of receiving a complete transfer claim, the Administrator will take action to notify the convertor as follows:
      (i) The Administrator will issue a notice indicating that EPA does not object to the transfer if EPA's records show that the convertor has sufficient unexpended allowances to cover the transfer claim. EPA will reduce the transferor's balance of unexpended allowances by the quantity to be converted plus 0.1 percent of that quantity (in kilograms). When EPA issues a no objection notice, the transferor may proceed with the transfer. However, if EPA ultimately finds that the transferor did not have sufficient unexpended allowances to cover the claim, the transferor will be held liable for any violations of the regulations of this subpart that occur as a result of, or in conjunction with, the improper transfer.
      (ii) The Administrator will issue a notice disallowing the transfer if EPA's records show that the transferor has insufficient unexpended allowances to cover the transfer claim, or that the transferor has failed to respond to one or more Agency requests to supply information needed to make a determination. The transferor may file a notice of appeal, with supporting reasons, with the Administrator within 10 working days after receipt of notification. The Administrator may affirm or vacate the disallowance. If no appeal is taken by the tenth working day after notification, the disallowance shall be final on that day.
      (iii) The transferor may proceed with the transfer if the Administrator does not respond to a transfer claim within the three working days specified in paragraph (b)(4) of this section. EPA will reduce the transferor's balance of unexpended allowances by the quantity (in kilograms) to be converted plus 0.1 percent of that quantity (in kilograms). The transferor will be held liable for any violations of the regulations of this subpart that occur as a result of, or in conjunction with, the improper transfer if EPA ultimately finds that the transferor did not have sufficient unexpended allowances or credits to cover the claim.
      (c) Inter-company transfers and Inter-pollutant transfers. If a person requests an inter-company transfer and an inter-pollutant transfer simultaneously, the quantity (in kilograms) subtracted from the transferor's unexpended production or consumption allowances for the first class II controlled substance will be equal to 100.1 percent of the quantity (in kilograms) of allowances that are being converted and transferred.
      (d) Permanent transfers. The procedures in paragraph (a) of this section apply to permanent inter-company transfers of baseline production allowances or baseline consumption allowances. A person receiving a permanent transfer of baseline production allowances or baseline consumption allowances (the transferee) for a specific class II controlled substance will be the person who has their baseline allowances adjusted in accordance with phaseout schedules in this subpart. No person may conduct permanent inter-pollutant transfers of baseline production allowances or baseline consumption allowances.
§82.24   Recordkeeping and reporting requirements for class II controlled substances.
      (a) Recordkeeping and reporting. Any person who produces, imports, exports, transforms, or destroys class II controlled substances must comply with the following recordkeeping and reporting requirements:
      
       (1) Reports required by this section must be submitted to the Administrator within 45 days of the end of the applicable reporting period, unless otherwise specified. Starting [insert date 60 days from date of publication in the Federal Register], reports that are available for submission through the Central Data Exchange must be submitted electronically through that tool.
      (2) Revisions of reports that are required by this section must be submitted to the Administrator within 180 days of the end of the applicable reporting period, unless otherwise specified.
      (3) Records and copies of reports required by this section must be retained for three years.
      (4) Quantities of class II controlled substances must be stated in terms of kilograms in reports required by this section.
      (5) Reports and records required by this section may be used for purposes of compliance determinations. These requirements are not intended as a limitation on the use of other evidence admissible under the Federal Rules of Evidence. Failure to provide the reports, petitions and records required by this section and to certify the accuracy of the information in the reports, petitions and records required by this section, will be considered a violation of this subpart. False statements made in reports, petitions and records will be considered violations of Section 113 of the Clean Air Act and under 18 U.S.C. 1001.
      (b) Producers. Persons ("producers") who produce class II controlled substances during a control period must comply with the following recordkeeping and reporting requirements:
      (1) Reporting -- Producers. For each quarter, each producer of a class II controlled substance must provide the Administrator with a report containing the following information:
      (i) The quantity (in kilograms) of production of each class II controlled substance used in processes resulting in their transformation by the producer and the quantity (in kilograms) intended for transformation by a second party;
      (ii) The quantity (in kilograms) of production of each class II controlled substance used in processes resulting in their destruction by the producer and the quantity (in kilograms) intended for destruction by a second party;
      (iii) The expended allowances for each class II controlled substance;
      
      (v) The quantity (in kilograms) of class II controlled substances sold or transferred during the quarter to a person other than the producer for use in processes resulting in their transformation or eventual destruction;
      (vi) A list of the quantities and names of class II controlled substances, exported by the producer to a Party to the Protocol, that will be transformed or destroyed and therefore were not produced expending production or consumption allowances;
      (vii) For transformation in the U.S. or by a person of another Party, one copy of a transformation verification from the transformer for a specific class II controlled substance and a list of additional quantities shipped to that same transformer for the quarter;
      (viii) For destruction in the U.S. or by a person of another Party, one copy of a destruction verification as required in paragraph (e) of this section for a particular destroyer, destroying the same class II controlled substance, and a list of additional quantities shipped to that same destroyer for the quarter;
      
      (x) In cases where the producer produced class II controlled substances using Article 5 allowances, a list of U.S. entities that purchased those class II controlled substances and exported them to Article 5 countries; and
      
      (2) Recordkeeping -- Producers. Every producer of a class II controlled substance during a control period must maintain the following records:
      (i) Dated records of the quantity (in kilograms) of each class II controlled substance produced at each facility;
      (ii) Dated records of the quantity (in kilograms) of class II controlled substances produced for use in processes that result in their transformation or for use in processes that result in their destruction;
      (iii) Dated records of the quantity (in kilograms) of class II controlled substances sold for use in processes that result in their transformation or for use in processes that result in their destruction;
      (iv) Dated records of the quantity (in kilograms) of class II controlled substances produced with  Article 5 allowances;
      
      (v) Copies of invoices or receipts documenting sale of class II controlled substances for use in processes that result in their transformation or for use in processes that result in their destruction;
      (vi) Dated records of the quantity (in kilograms) of each class II controlled substance used at each facility as feedstocks or destroyed in the manufacture of a class II controlled substance or in the manufacture of any other substance, and any class II controlled substance introduced into the production process of the same class II controlled substance at each facility;
      (vii) Dated records of the quantity (in kilograms) of raw materials and feedstock chemicals used at each facility for the production of class II controlled substances;
      (viii) Dated records of the shipments of each class II controlled substance produced at each plant;
      (ix) The quantity (in kilograms) of class II controlled substances, the date received, and names and addresses of the source of used materials containing class II controlled substances which are recycled or reclaimed at each plant;
      (x) Records of the date, the class II controlled substance, and the estimated quantity of any spill or release of a class II controlled substance that equals or exceeds 100 pounds;
      (xi) Transformation verification in the case of transformation, or the destruction verification in the case of destruction as required in paragraph (e) of this section showing that the purchaser or recipient of a class II controlled substance, in the U.S. or in another country that is a Party, certifies the intent to either transform or destroy the class II controlled substance, or sell the class II controlled substance for transformation or destruction in cases when allowances were not expended;
      
       
      (xiii) Written verifications from a U.S. purchaser that the class II controlled substance was exported to an Article 5 country in cases where Article 5 allowances were expended to produce the class II controlled substance;
       
      (3) For any person who fails to maintain the records required by this paragraph, or to submit the report required by this paragraph, the Administrator may assume that the person has produced at full capacity during the period for which records were not kept, for purposes of determining whether the person has violated the prohibitions at §82.15.
      (c) Importers. Persons ("importers") who import class II controlled substances during a control period must comply with the following recordkeeping and reporting requirements:
      (1) Reporting -- Importers. For each quarter, an importer of a class II controlled substance (including importers of used class II controlled substances) must submit to the Administrator a report containing the following information:
      (i) Summaries of the records required in paragraphs (c)(2)(i) through (xvi) of this section for the previous quarter;
      (ii) The total quantity (in kilograms) imported of each class II controlled substances, for that quarter;
      (iii) The commodity code for the class II controlled substances imported, which must be one of those listed in Appendix K to this subpart;
      (iv) The quantity (in kilograms) of those class II controlled substances imported that are used class II controlled substances;
      (v) The quantity (in kilograms) of class II controlled substances imported for that quarter and totaled by chemical for the control period to date;
       
      (vii) The quantity (in kilograms) of class II controlled substances imported for use in processes resulting in their transformation or destruction;
      (viii) The quantity (in kilograms) of class II controlled substances sold or transferred during that quarter to each person for use in processes resulting in their transformation or eventual destruction; and
      (ix) Transformation verifications showing that the purchaser or recipient of imported class II controlled substances intends to transform those substances or destruction verifications showing that the purchaser or recipient intends to destroy the class II controlled substances (as provided in paragraph (e) of this section).
      (x) [Reserved]
       
      (2) Recordkeeping -- Importers. An importer of a class II controlled substance (including used class II controlled substances) must maintain the following records:
      (i) The quantity (in kilograms) of each class II controlled substance imported, either alone or in mixtures, including the percentage of each mixture which consists of a class II controlled substance;
      (ii) The quantity (in kilograms) of those class II controlled substances imported that are used and the information provided with the petition where a petition is required under paragraph (c)(3) of this section;
      (iii) The quantity (in kilograms) of class II controlled substances other than transhipments or used substances imported for use in processes resulting in their transformation or destruction;
      (iv) The quantity (in kilograms) of class II controlled substances other than transhipments or used substances imported and sold for use in processes that result in their destruction or transformation;
      (v) The date on which the class II controlled substances were imported;
      (vi) The port of entry through which the class II controlled substances passed;
      (vii) The country from which the imported class II controlled substances were imported;
      (viii) The commodity code for the class II controlled substances shipped, which must be one of those listed in Appendix K to this subpart;
      (ix) The importer number for the shipment;
      (x) A copy of the bill of lading for the import;
      (xi) The invoice for the import;
      (xii) The quantity (in kilograms) of imports of used class II controlled substances;
      (xiii) The U.S. Customs entry number;
      (xiv) Dated records documenting the sale or transfer of class II controlled substances for use in processes resulting in their transformation or destruction;
      (xv) Copies of transformation verifications or destruction verifications indicating that the class II controlled substances will be transformed or destroyed (as provided in paragraph (e) of this section).
       
      (3) Petition to import used class II controlled substances and transhipment-Importers. For each individual shipment over 5 pounds of a used class II controlled substance as defined in §82.3 for which EPA has apportioned baseline production and consumption allowances, an importer must submit directly to the Administrator, at least 40 working days before the shipment is to leave the foreign port of export, the following information in a petition:




      (i) The name, commodity code and quantity (in kilograms) of the used class II controlled substance to be imported;
      (ii) The name and address of the importer, the importer ID number, the contact person, email address, and phone number;
      (iii) Name, address, contact person, email address, and phone number of all previous source facilities from which the used class II controlled substance was recovered;
      (iv) A detailed description of the previous use of the class II controlled substance at each source facility and a best estimate of when the specific controlled substance was put into the equipment at each source facility, and, when possible, documents indicating the date the material was put into the equipment;
      (v) A list of the name, make and model number of the equipment from which the material was recovered at each source facility;
      
       (vi) Name, address, contact person, email address, and phone number  of the exporter and of all persons to whom the material was transferred or sold after it was recovered from the source facility;
      (vii) The U.S. port of entry for the import, the expected date of shipment and the vessel transporting the chemical. If at the time of submitting a petition the importer does not know the U.S. port of entry, the expected date of shipment and the vessel transporting the chemical, and the importer receives a non-objection notice for the individual shipment in the petition, the importer is required to notify the Administrator of this information prior to the actual U.S. Customs entry of the individual shipment;
       (viii) A description of the intended use of the used class II controlled substance, and, when possible, the name, address, contact person, email address, and phone number  of the ultimate purchaser in the United States;
      (ix) The name, address, contact person, email address, and phone number  of the U.S. reclamation facility, where applicable;
      (x) If someone at the source facility recovered the class II controlled substance from the equipment, the name, email address, and phone number of that person;
      (xi) If the imported class II controlled substance was reclaimed in a foreign Party, the name, address, contact person, email address, and phone number  of any or all foreign reclamation facility(ies) responsible for reclaiming the cited shipment;
      (xii) The export license, application for an export license, or official communication from the appropriate government agency in the country of export and, if recovered in another country, the export license from the appropriate government agency in that country, and quantity authorized for export in kilograms on the export license, and an English translation of these documents;
      (xiii) If the imported used class II controlled substance is intended to be sold as a refrigerant in the U.S., the name, address, and email address of the EPA-certified U.S. reclaimer who will bring the material to the standard required under subpart F of this part, if not already reclaimed to those specifications; and 
      (xiv) Certification of accuracy of the information submitted in the petition.	
      (4) Review of petition to import used class II controlled substances and transhipments -- Importers. Starting on the first working day following receipt by the Administrator of a petition to import a used class II controlled substance, the Administrator will initiate a review of the information submitted under paragraph (c)(3) of this section and take action within 40 working days to issue either an objection-notice or a non-objection notice for the individual shipment to the person who submitted the petition to import the used class II controlled substance.
      (i) The Administrator may issue an objection notice to a petition for the following reasons:
       (A) If the Administrator determines that the information is insufficient, that is, if the petition lacks or appears to lack any of the information required under paragraph (c)(3) of this section or other information that may be requested during the review of the petition necessary to verify that the controlled substance is used;
      
      (B) If the Administrator determines that any portion of the petition contains false or misleading information, or the Administrator has information from other U.S. or foreign government agencies indicating that the petition contains false or misleading information;
      (C) If the transaction appears to be contrary to provisions of the Vienna Convention on Substances that Deplete the Ozone Layer, the Montreal Protocol and Decisions by the Parties, or the non-compliance procedures outlined and instituted by the Implementation Committee of the Montreal Protocol;
      (D) If the appropriate government agency in the exporting country has not agreed to issue an export license for the cited individual shipment of used class II controlled substance;
      (E) If reclamation capacity is installed or is being installed for that specific class II controlled substance in the country of recovery or country of export and the capacity is funded in full or in part through the Multilateral Fund.
      (ii) Within ten (10) working days after receipt of the objection notice, the importer may re-petition the Administrator, only if the Administrator indicated "insufficient information" as the basis for the objection notice. If no appeal is taken by the tenth working day after the date on the objection notice, the objection shall become final. Only one re-petition will be accepted for any original petition received by EPA.
      (iii) Any information contained in the re-petition which is inconsistent with the original petition must be identified and a description of the reason for the inconsistency must accompany the re-petition.
      (iv) In cases where the Administrator does not object to the petition based on the criteria listed in paragraph (c)(4)(i) of this section, the Administrator will issue a non-objection notice.
      (v) To pass the approved used class II controlled substances through U.S. Customs, the non-objection notice issued by EPA must accompany the shipment through U.S. Customs.
      (vi) If for some reason, following EPA's issuance of a non-objection notice, new information is brought to EPA's attention which shows that the non-objection notice was issued based on false information, then EPA has the right to:
      (A) Revoke the non-objection notice;
      (B) Pursue all means to ensure that the class II controlled substance is not imported into the U.S.; and
      (C) Take appropriate enforcement actions.
      


       (vii) A person receiving the non-objection notice is permitted to import the individual shipment only within one year of the date stamped on the non-objection notice.
      (viii) A person receiving a non-objection notice from the Administrator for a petition to import used class II controlled substances must maintain the following records:
      (A) A copy of the petition;
      (B) The EPA non-objection notice;
      (C) The bill of lading for the import; and
      (D) The U.S. Customs entry number.
      (5) Recordkeeping for transhipments -- Importers. Any person who tranships a class II controlled substance must maintain records that indicate:
      (i) That the class II controlled substance shipment originated in a foreign country;
      (ii) That the class II controlled substance shipment is destined for another foreign country; and
      (iii) That the class II controlled substance shipment will not enter interstate commerce within the U.S.
      (6) Certification of Intent to Import for Destruction. For each individual shipment of a class II controlled substance imported with the intent to destroy that substance, an importer must submit electronically to the Administrator, at least 30 working days before the shipment is to leave the foreign port of export, the following information:
      (i) Name, commodity code, and quantity in kilograms of each controlled substance to be imported, 
      (ii) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number;
      (iii) Name and address of any intermediary who aggregates controlled substances imported for destruction, and the contact person's name, email address, and phone number; 
      (iv) The U.S. port of entry for the import, the expected date of shipment and the vessel transporting the material. If at the time of submitting the certification of intent to import for destruction the importer does not know the U.S. port of entry, the expected date of shipment and the vessel transporting the material, and the importer receives a non-objection notice for the individual shipment in the petition, the importer is required to notify the Administrator of this information prior to the entry of the individual shipment into the United States;
      (v) Name, address, contact person, email address, and phone number of the responsible party at the destruction facility; 
      (vi) The export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export and, if recovered in another country, the export license or official communication from the appropriate government agency in that country, and quantity authorized for export in kilograms on the export license, and an English translation of these documents; and
      (vii) A certification of accuracy of the information submitted in the certification.
      (7) For each individual shipment of a class II controlled substance imported with the intent to destroy that substance, an importer must submit to the Administrator a copy of the destruction verification within 30 days after destruction of the controlled substance(s). 
      (8) (i) Starting on the first working day following receipt by the Administrator of a certification of intent to import a class II controlled substance for destruction, the Administrator will initiate a review of the information submitted under paragraph (c)(6) of this section and take action within 30 working days to issue either an objection-notice or a non-objection notice for the individual shipment to the person who submitted the certification of intent to import the class II controlled substance for destruction.
      (ii) The Administrator may issue an objection notice if the petition lacks or appears to lack any of the information required under paragraph (c)(6) or for the reasons listed in §82.24(c)(4)(i)(B)-(E).
      (iii) In cases where the Administrator does not object to the petition, the Administrator will issue a non-objection notice.
      (iv) To pass the approved class II controlled substances through U.S. Customs, the non-objection notice issued by EPA must accompany the shipment through U.S. Customs.
      (v) If for some reason, following EPA's issuance of a non-objection notice, new information is brought to EPA's attention which shows that the non-objection notice was issued based on false information, then EPA has the right to:
      (A) Revoke the non-objection notice;
      (B) Pursue all means to ensure that the class II controlled substance is not imported into the United States; and
      (C) Take appropriate enforcement actions.
      (9) A person receiving the non-objection notice is permitted to import the individual shipment only within one year of the date stamped on the non-objection notice.
      (10) A person receiving a non-objection notice from the Administrator for a certification of intent to import class II controlled substances for destruction must maintain the following records:
      (i) A copy of the certificate of intent to import for destruction;
      (ii) The EPA non-objection notice; 
      (iii) A copy of the export license, export license application, or official communication from the appropriate government agency in the country of export; 
      (iv) U.S. Customs entry documents for the import that must include one of the commodity codes from Appendix K to this subpart; 
      (v) The date, amount, and type of controlled substance sent for destruction, per shipment; 
      (vi) An invoice from the destruction facility verifying the shipment was received; 
	(vii) A copy of the destruction verification from the destruction facility; and
      (viii) An English translation of the document in paragraph (iii). 
      (11) A person identified in §82.24(c)(6)(iii) as aggregating a controlled substance prior to destruction must:
      (i) Maintain transactional records that include the name and address of the entity from whom they received the controlled substance imported for destruction;
      (ii) Maintain transactional records that include the name and address of the entity to whom they sent the controlled substance imported for destruction; 
      (iii) Maintain records that include the date and quantity of the imported controlled substance received for destruction; 
      (iv) Maintain records that include the date and quantity of the imported controlled substance sent for destruction; and
      (v) If the person is the final aggregator of such a controlled substance before the material is destroyed, maintain a copy of the destruction verification.
      
	(d) Exporters Persons ("exporters") who export class II controlled substances during a control period must comply with the following reporting requirements:
      (1) Reporting -- Exporters. For any exports of class II controlled substances not reported under paragraph (b)(2) of this section (reporting for producers of class II controlled substances), each exporter who exported a class II controlled substance must submit to the Administrator the following information within 30 days after the end of each quarter in which the unreported exports left the United States: 
       (i) The names and addresses of the exporter and the recipient of the exports;
      (ii) The exporter's Employer Identification Number;
      (iii) The type and quantity  of each class II controlled substance exported, including the  quantity of controlled substance that is used, recycled or reclaimed;
      (iv) The date on which, and the port from which, the class II controlled substances were exported from the U.S. or its territories;
      (v) The country to which the class II controlled substances were exported;
      (vi) The quantity (in kilograms) exported to each Article 5 country;
      (vii) The commodity code for the class II controlled substances shipped, which must be one of those listed in Appendix K to this subpart;
      (viii) For persons reporting transformation or destruction, the invoice or sales agreement containing language similar to the transformation verifications that the purchaser or recipient of imported class II controlled substances intends to transform those substances, or destruction verifications showing that the purchaser or recipient intends to destroy the class II controlled substances (as provided in paragraph (e) of this section).
      
      
      
      
      
	(3) Reporting Article 5 allowances -- Exporters. In addition to the information required in paragraph (d)(1) of this section, any exporter using Article 5 allowances must also provide the following to the Administrator:
      (i) The Employer Identification Number of the shipper or their agent; and
      (ii) The exporting vessel on which the class II controlled substances were shipped.
      (4) Reporting used class II controlled substances -- Exporters. Any exporter of used class II controlled substances must indicate on the bill of lading or invoice that the class II controlled substance is used, as defined in §82.3.
      (e) Transformation and destruction. Any person who transforms or destroys class II controlled substances must comply with the following recordkeeping and reporting requirements:
      (1) Recordkeeping -- Transformation and destruction. Any person who transforms or destroys class II controlled substances produced or imported by another person must maintain the following:
      (i) Copies of the invoices or receipts documenting the sale or transfer of the class II controlled substances to the person;
      (ii) Records identifying the producer or importer of the class II controlled substances received by the person;
      (iii) Dated records of inventories of class II controlled substances at each plant on the first day of each quarter;
      (iv) Dated records of the quantity (in kilograms) of each class II controlled substance transformed or destroyed;
      (v) In the case where class II controlled substances were purchased or transferred for transformation purposes, a copy of the person's transformation verification as provided under paragraph (e)(3)of this section.
      (vi) Dated records of the names, commercial use, and quantities (in kilograms) of the resulting chemical(s) when the class II controlled substances are transformed; and
      (vii) Dated records of shipments to purchasers of the resulting chemical(s) when the class II controlled substances are transformed.
      (viii) In the case where class II controlled substances were purchased or transferred for destruction purposes, a copy of the person's destruction verification, as provided under paragraph (e)(5) of this section.
      (2) Reporting -- Transformation and destruction. Any person who transforms or destroys class II controlled substances and who has submitted a transformation verification ((paragraph (e)(3) of this section) or a destruction verification (paragraph (e)(5) of this section) to the producer or importer of the class II controlled substances, must report the following:
      (i) The names and quantities (in kilograms) of the class II controlled substances transformed for each control period within 45 days of the end of such control period; and
      (ii) The names and quantities (in kilograms) of the class II controlled substances destroyed for each control period within 45 days of the end of such control period.
      (3) Reporting -- Transformation. Any person who purchases class II controlled substances for purposes of transformation must provide the producer or importer with a transformation verification that the class II controlled substances are to be used in processes that result in their transformation.
      (i) The transformation verification shall include the following:
      (A) Identity and address of the person intending to transform the class II controlled substances;
      (B) The quantity (in kilograms) of class II controlled substances intended for transformation;
      (C) Identity of shipments by purchase order number(s), purchaser account number(s), by location(s), or other means of identification;
      (D) Period of time over which the person intends to transform the class II controlled substances; and
      (E) Signature of the verifying person.
      (4) Reporting -- Destruction. Any person who destroys class II controlled substances shall provide EPA with a one-time report containing the following information:
      (i) The destruction unit's destruction efficiency;
      (ii) The methods used to record the volume destroyed;
      (iii) The methods used to determine destruction efficiency;
      (iv) The name of other relevant federal or state regulations that may apply to the destruction process;
      (v) Any changes to the information in paragraphs (e)(4)(i), (ii), and (iii) of this section must be reflected in a revision to be submitted to EPA within 60 days of the change(s).
      (5) Reporting -- Destruction. Any person who purchases or receives and subsequently destroys class II controlled substances that were originally produced without expending allowances shall provide the producer or importer from whom it purchased or received the class II controlled substances with a verification that the class II controlled substances will be used in processes that result in their destruction.
      (i) The destruction verification shall include the following:
      (A) Identity and address of the person intending to destroy class II controlled substances;
      (B) Indication of whether those class II controlled substances will be completely destroyed, as defined in §82.3, or less than completely destroyed, in which case the destruction efficiency at which such substances will be destroyed must be included;
      (C) Period of time over which the person intends to destroy class II controlled substances; and
      (D) Signature of the verifying person.
      (f) Heels-Recordkeeping and reporting. Any person who brings into the U.S. a rail car, tank truck, or ISO tank containing a heel, as defined in §82.3, of class II controlled substances, must take the following actions:
      (1) Indicate on the bill of lading or invoice that the class II controlled substance in the container is a heel.
      (2) Report within 30 days of the end of the control period the quantity (in kilograms) brought into the U.S. and certify:
      (i) That the residual quantity (in kilograms) in each shipment is no more than 10 percent of the volume of the container;
      (ii) That the residual quantity (in kilograms) in each shipment will either:
      (A) Remain in the container and be included in a future shipment;
      (B) Be recovered and transformed;
      (C) Be recovered and destroyed; or
      (D) Be recovered for a non-emissive use.
      (3) Report on the final disposition of each shipment within 30 days of the end of the control period.
      
      
      
      

Appendix K to Subpart A of Part 82 -- Commodity Codes from the Harmonized Tariff Schedule for Controlled Substances and Used Controlled Substances
                     Description of commodity or chemical
                Commodity code from harmonized tariff schedule
Class II:
                                                                              
HCFC-22 (Chlorodifluoromethane)
                                                                   2903.71.0000
HCFC-123 (Dichlorotrifluoroethane)
                                                                   2903.72.0020
HCFC-124 (Monochlorotetrafluoroethane)
                                                                   2903.79.1000
HCFC-141b (Dichlorofluoroethane)
                                                                   2903.73.0000
HCFC-142b (Chlorodifluoroethane)
                                                                   2903.74.0000
HCFC-225ca, HCFC-225cb (Dichloropentafluoropropanes)
                                                                   2903.75.0000
HCFC-21, HCFC-31, HCFC-133, and other HCFCs
                                                                   2903.79.9070
HCFC Mixtures (R-401A, R-402A, etc.)
                                                                   3824.74.0000
Class I:
                                                                              
CFC-11 (Trichlorofluoromethane)
                                                                   2903.77.0010
CFC-12 (Dichlorodifluoromethane)
                                                                   2903.77.0050
CFC-113 (Trichlorotrifluoroethane)
                                                                   2903.77.0020
CFC-114 (Dichlorotetrafluoroethane)
                                                                   2903.77.0030
CFC-115 (Monochloropentafluoroethane)
                                                                   2903.77.0040
    CFC-13, CFC-111, CFC-112, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, CFC-217, and other CFCs
                                                                   2903.77.0080
CFC Mixtures (R-500, R-502, etc.)
                                                                   3824.71.0100
Carbon Tetrachloride
                                                                   2903.14.0000
Halon 1301 (Bromotrifluoromethane)
                                                                   2903.76.0010
Halon, other
                                                                   2903.76.0050
Methyl Bromide
                                                                   2903.39.1520
Methyl Chloroform
                                                                   2903.19.6010

§82.62   Definitions.
For purposes of this subpart: 
Chlorofluorocarbon means any substance listed as Class I group I or Class I group III in 40 CFR part 82, appendix A to subpart A. 
Class II Substance means any substance designated as class II in 40 CFR part 82, appendix B to subpart A.
Commercial, when used to describe the purchaser of a product, means a person that uses the product in the purchaser's business or sells it to another person and has one of the following identification numbers: 
      (1) A federal employer identification number; 
      (2) A state sales tax exemption number; 
      (3) A local business license number; or 
      (4) A government contract number. 
Consumer, when used to describe a person taking action with regard to a product, means the ultimate purchaser, recipient or user of a product. 
Distributor, when used to describe a person taking action with regard to a product means: 
      (1) The seller of a product to a consumer or another distributor; or 
      (2) A person who sells or distributes that product in interstate commerce for export from the United States. 
Foam Insulation Product, when used to describe a product containing or consisting of plastic foam, means a product containing or consisting of the following types of foam: 
      (1) Closed cell rigid polyurethane foam; 
      (2) Closed cell rigid polystyrene boardstock foam; 
      (3) Closed cell rigid phenolic foam; and 
      (4) Closed cell rigid polyethylene foam when such foam is suitable in shape, thickness and design to be used as a product that provides thermal insulation around pipes used in heating, plumbing, refrigeration, or industrial process systems. 
Hydrochlorofluorocarbon means any substance listed as class II in 40 CFR part 82, appendix B to subpart A. 
Initial Inventory means that the original product has completed all of its manufacturing processes and is ready for sale by the manufacturer. Products in initial inventory may be subsequently incorporated into another product by a different manufacturer after purchase. To continue selling products after the effective date of the provisions, the manufacturer or distributor must be able to show, upon request by EPA, that the product was in fact manufactured, and thus placed into initial inventory prior to the effective date. Shipping forms, lot numbers, manufacturer date stamps or codes, invoices, or the like are normally kept records that could be maintained from the time the product was put into initial inventory and may be used to demonstrate when a product was placed in initial inventory. 
Polyurethane Foam System means an item consisting of two transfer pumps that deliver ingredients (polyisocyanate or isocyanate from one side and a mixture including the blowing agent, catalysts, flame retardants, and/or stabilizers from the other side) to a metering/mixing device which allows the components to be delivered in the appropriate proportions.

Product means an item or category of items manufactured from raw or recycled materials which is used to perform a function or task. 
Release means to emit into the environment during the manufacture, use, storage or disposal of a product. 
Space Vehicles means a man-made device, either manned or unmanned, designed for operation beyond earth's atmosphere. This definition includes integral equipment such as models, mock-ups, prototypes, molds, jigs, tooling, hardware jackets, and test coupons. Also included is auxiliary equipment associated with test, transport, and storage, which through contamination can compromise the space vehicle performance.
§82.64 Prohibitions 
      (a) Effective February 16, 1993, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products identified as being nonessential in §82.66(a). 
      (b) Effective February 16, 1993, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products specified in §82.66(b) to a person who does not provide proof of being a commercial purchaser, as defined under §82.62. 
      (c) Effective January 17, 1994, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products identified as being nonessential in §82.66(c) or §82.66(d) except as permitted under §82.65(g). 
      (d) Except as permitted under §82.65, effective January 1, 1994, no person may sell or distribute, or offer for sale or distribution, in interstate commerce any product identified as being nonessential in §82.70(a) or §82.70(c). 
      (e) Except as permitted under §82.65, effective January 1, 1994, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products specified in §82.70(b) to a person who does not provide proof of being a commercial purchaser, as defined under §82.62. 
      (f) Except as permitted under §82.65(d), effective January 1, 1996, no person may sell or distribute, or offer for sale or distribution, in interstate commerce any product identified as being nonessential in §82.70(c)(ii). 
      (g) It is a violation of this subpart to sell or distribute, or offer for sale or distribution, products effected by the provisions of §82.68 if the seller knew or should have known that the purchaser was purchasing the product for a prohibited application. 
	(h) No person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products identified as being nonessential in §82.66(f).


§82.66 Nonessential Class I products and exceptions.
      The following products which release a Class I substance (as defined in 40 CFR part 82, appendix A to subpart A) are identified as being nonessential, and subject to the prohibitions specified under § 82.64 -
      (a) Any plastic party streamer or noise horn which is propelled by a chlorofluorocarbon, including but not limited to -
      (1) String confetti;
      (2) Marine safety horns;
      (3) Sporting event horns;
      (4) Personal safety horns;
      (5) Wall-mounted alarms used in factories or other work areas; and
      (6) Intruder alarms used in homes or cars.
      (b) Any cleaning fluid for electronic and photographic equipment which contains a chlorofluorocarbon:
      (1) Including but not limited to liquid packaging, solvent wipes, solvent sprays, and gas sprays; and
      (2) Except for those sold or distributed to a commercial purchaser.
      (c) Any plastic foam product which is manufactured with or contains a Class I substance; but which contains no other Class I substances and where this product is used to provide thermal protection to external tanks for space vehicles;
      (d) Any aerosol product or other pressurized dispenser, other than those banned in §82.64(a) or §82.64(b), which contains a chlorofluorocarbon,
      (1) Including but not limited to household, industrial, automotive and pesticide uses,
      (2) Except -
      (i) Medical devices listed in 21 CFR 2.125(e);
      (ii) Lubricants, coatings or cleaning fluids for electrical or electronic equipment, which contain CFC-11, CFC-12, or CFC-113 for solvent purposes, but which contain no other CFCs;
      (iii) Lubricants, coatings or cleaning fluids used for aircraft maintenance, which contain CFC-11 or CFC-113 as a solvent, but which contain no other CFCs;
      (iv) Mold release agents used in the production of plastic and elastomeric materials, which contain CFC-11 or CFC-113 as a solvent, but which contain no other CFCs, and/or mold release agents that contain CFC-12 as a propellant, but which contain no other CFCs;
      (v) Spinnerette lubricant/cleaning sprays used in the production of synthetic fibers, which contain CFC-114 as a solvent, but which contain no other CFCs, and/or spinnerette lubricant/cleaning sprays which contain CFC-12 as a propellant, but which contain no other CFCs;
      (vi) Document preservation sprays which contain CFC-113 as a solvent, but which contain no other CFCs, and/or document preservation sprays which contain CFC-12 as a propellant, but which contain no other CFCs, and which are used solely on thick books, books with coated or dense paper and tightly bound documents;
      (e) Any air-conditioning or refrigeration appliance as defined in CAA 601(l) that contains a Class I substance used as a refrigerant, and 
      (f) Any polyurethane foam system that contains any CFC 
      



§82.104 Definitions.
      (a) Class I substance means any substance designated as class I in 40 CFR part 82, appendix A to subpart A, including chlorofluorocarbons, halons, carbon tetrachloride and methyl chloroform and any other substance so designated by the Agency at a later date.
      (b) Class II substance means any substance designated as class II in 40 CFR part 82, appendix A to subpart A, including hydrochlorofluorocarbons and any other substance so designated by the Agency at a later date.

       (c) Completely destroy means to cause the destruction of a controlled substance by one of the destruction processes approved by the Parties and listed in §82.3 of subpart A at a demonstrable destruction efficiency of 98 percent or more or a greater destruction efficiency if required under other applicable federal regulations.
      (d) Consumer means a commercial or non-commercial purchaser of a product or container that has been introduced into interstate commerce.
      (e) Container means the immediate vessel in which a controlled substance is stored or transported.
      (f) Container containing means a container that physically holds a controlled substance within its structure that is intended to be transferred to another container, vessel or piece of equipment in order to realize its intended use.
      (g) Controlled substance means a class I or class II ozone-depleting substance.
      
       (h) Destruction means the expiration of a controlled substance to the destruction efficiency actually achieved, unless considered completely destroyed as defined in this section. Such destruction might result in a commercially useful end product but such usefulness would be secondary to the act of destruction. Destruction must be achieved using one of the controlled processes approved by the Parties and listed in the definition of destruction in §82.3 of subpart A. 
      
      
      
      
      
      
      (i) Distributor means a person to whom a product is delivered or sold for purposes of subsequent resale, delivery or export.
      (j) Export means the transport of virgin, used, or recycled class I or class II substances or products manufactured or containing class I or class II substances from inside the United States or its territories to persons outside the United States or its territories, excluding United States military bases and ships for on-board use.
      (k) Exporter means the person who contracts to sell class I or class II substances or products manufactured with or containing class I or class II substances for export or transfers such substances or products to his affiliate in another country.
      (l) Import means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into any place subject to the jurisdiction of the United States whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States, with the exception of temporary off-loading of products manufactured with or containers containing class I or class II substances from a ship are used for servicing of that ship.
      (m) Importer means any person who imports a controlled substance, a product containing a controlled substance, a product manufactured with a controlled substance, or any other chemical substance (including a chemical substance shipped as part of a mixture or article), into the United States. "Importer" includes the person primarily liable for the payment of any duties on the merchandise or an authorized agent acting on his or her behalf. The term also includes, as appropriate:
      (1) The consignee;
      (2) The importer of record;
      (3) The actual owner if an actual owner's declaration and superseding bond has been filed; or
      (4) The transferee, if the right to draw merchandise in a bonded warehouse has been transferred.
      (n) Interstate commerce means the distribution or transportation of any product between one state, territory, possession or the District of Columbia, and another state, territory, possession or the District of Columbia, or the sale, use or manufacture of any product in more than one state, territory, possession or District of Columbia. The entry points for which a product is introduced into interstate commerce are the release of a product from the facility in which the product was manufactured, the entry into a warehouse from which the domestic manufacturer releases the product for sale or distribution, and at the site of United States Customs clearance.
      (o) Manufactured with a controlled substance means that the manufacturer of the product itself used a controlled substance directly in the product's manufacturing, but the product itself does not contain more than trace quantities of the controlled substance at the point of introduction into interstate commerce. The following situations are excluded from the meaning of the phrase "manufactured with" a controlled substance:
      (1) Where a product has not had physical contact with the controlled substance;
      (2) Where the manufacturing equipment or the product has had physical contact with a controlled substance in an intermittent manner, not as a routine part of the direct manufacturing process;
      (3) Where the controlled substance has been transformed, except for trace quantities; or
      (4) Where the controlled substance has been completely destroyed.
      (p) Potentially available means that adequate information exists to make a determination that the substitute is technologically feasible, environmentally acceptable and economically viable.
      (q) Principal display panel (PDP) means the entire portion of the surface of a product, container or its outer packaging that is most likely to be displayed, shown, presented, or examined under customary conditions of retail sale. The area of the PDP is not limited to the portion of the surface covered with existing labeling; rather it includes the entire surface, excluding flanges, shoulders, handles, or necks.
      (r) Product means an item or category of items manufactured from raw or recycled materials, or other products, which is used to perform a function or task.
      (s) Product containing means a product including, but not limited to, containers, vessels, or pieces of equipment, that physically holds a controlled substance at the point of sale to the ultimate consumer which remains within the product.
      (t) Promotional printed material means any informational or advertising material (including, but not limited to, written advertisements, brochures, circulars, desk references and fact sheets) that is prepared by the manufacturer for display or promotion concerning a product or container, and that does not accompany the product to the consumer.
      (u) Retailer means a person to whom a product is delivered or sold, if such delivery or sale is for purposes of sale or distribution in commerce to consumers who buy such product for purposes other than resale.
      (v) Spare parts means those parts that are supplied by a manufacturer to another manufacturer, distributor, or retailer, for purposes of replacing similar parts with such parts in the repair of a product.
      (w) Supplemental printed material means any informational material (including, but not limited to, package inserts, fact sheets, invoices, material safety data sheets, procurement and specification sheets, or other material) which accompanies a product or container to the consumer at the time of purchase.
      (x) Transform means to use and entirely consume a class I or class II substance, except for trace quantities, by changing it into one or more substances not subject to this subpart in the manufacturing process of a product or chemical.
      (y) Type size means the actual height of the printed image of each capital letter as it appears on a label.
      (z) Ultimate consumer means the first commercial or non-commercial purchaser of a container or product that is not intended for re-introduction into interstate commerce as a final product or as part of another product.
      (aa) Warning label means the warning statement required by section 611 of the Act. The term warning statement shall be synonymous with warning label for purposes of this subpart.
      (bb) Waste means, for purposes of this subpart, items or substances that are discarded with the intent that such items or substances will serve no further useful purpose.
      (cc) Wholesaler means a person to whom a product is delivered or sold, if such delivery or sale is for purposes of sale or distribution to retailers who buy such product for purposes of resale.
§82.106   Warning statement requirements.
      
       (a) Required warning statements. (1) Unless otherwise exempted by this subpart, each container or product identified in §82.102 (a) or (b) shall bear the following warning statement, meeting the requirements of this subpart for placement and form:
      WARNING: Contains [or Manufactured with, if applicable] [insert name of substance], a substance which harms public health and environment by destroying ozone in the upper atmosphere.
      (2) Each container of fire suppression agent containing HCFC-123 produced or imported on or after January 1, 2020 shall bear the following warning statement, meeting the requirements of this subpart for placement and form: 
      WARNING: Contains [insert name of substance], a substance which harms public health and environment by destroying ozone in the upper atmosphere. Use Only for Recharge of Equipment Manufactured before January 1, 2020.
      (3) Each container of fire suppression agent containing reclaimed HCFC-123 or HCFC-123 that was imported prior to January 1, 2020, shall bear the following warning statement, meeting the requirements of this subpart for placement and form: 
      WARNING: Contains [insert name of substance], a substance which harms public health and environment by destroying ozone in the upper atmosphere. For use in any equipment.
       (b) Exemptions from warning label requirement. The following products need not bear a warning label: 
      (1) Products containing trace quantities of a controlled substance remaining as a residue or impurity due to a chemical reaction, and where the controlled substance serves no useful purpose in or for the product itself. However, if such product was manufactured using the controlled substance, the product is required to be labeled as a "product manufactured with" the controlled substance, unless otherwise exempted; 
      (2) Containers containing a controlled substance in which trace quantities of that controlled substance remain as a residue or impurity; 
      (3) Waste containing controlled substances or blends of controlled substances bound for discard; 
      (4) Products manufactured using methyl chloroform or CFC-113 by persons who can demonstrate and certify a 95% reduction in overall usage from their 1990 calendar year usage of methyl chloroform or CFC-113 as solvents during a twelve (12) month period ending within sixty (60) days of such certification or during the most recently completed calendar year. In calculating such reduction, persons may subtract from quantities used those quantities for which they possess accessible data that establishes the amount of methyl chloroform or CFC-113 transformed. Such subtraction must be performed for both the applicable twelve month period and the 1990 calendar year. If at any time future usage exceeds the 95% reduction, all products manufactured with methyl chloroform or CFC-113 as solvents by that person must be labeled immediately. No person may qualify for this exemption after May 15, 1994; 
      (5) Products intended only for export outside of the United States shall not be considered "products introduced into interstate commerce" provided such products are clearly designated as intended for export only; 
      (6) Products that are otherwise not subject to the requirements of this subpart that are being repaired, using a process that uses a controlled substance. 
      (7) Products, processes, or substitute chemicals undergoing research and development, by which a controlled substance is used. Such products must be labeled when they are introduced into interstate commerce. 
      (c) Interference with other required labeling information. The warning statement shall not interfere with, detract from, or mar any labeling information required on the labeling by federal or state law.

§82.270 Prohibitions.
      (a) Effective April 6, 1998 no person may newly manufacture any halon blend. Halon blends manufactured solely for the purpose of aviation fire protection are not subject to this prohibition, provided that: 
      (1) The manufacturer or its designee is capable of recycling the blend to the relevant industry standards for the chemical purity of each individual halon; 
      (2) The manufacturer includes in all sales contracts for blends produced by it on or after April 6, 1998 the provision that the blend must be returned to it or its designee for recycling; and 
      (3) The manufacturer or its designee in fact recycles blends produced by the manufacturer on or after April 6, 1998 and returned to it for recycling to the relevant industry standards for the chemical purity of each individual halon. 
      (b) Effective April 6, 1998, no person testing, maintaining, servicing, repairing, or disposing of halon-containing equipment or using such equipment for technician training may knowingly vent or otherwise release into the environment any halons used in such equipment. 
      (1) De minimis releases associated with good faith attempts to recycle or recover halon are not subject to this prohibition. 
      (2) Release of residual halon contained in fully discharged total flooding fire extinguishing systems would be considered a de minimis release associated with good faith attempts to recycle or recover halon. 
      (3) Release of halons during testing of fire extinguishing systems is not subject to this prohibition if the following four conditions are met: 
      (i) Systems or equipment employing suitable alternative fire extinguishing agents are not available; 
      (ii) System or equipment testing requiring release of extinguishing agent is essential to demonstrate system or equipment functionality; 
      (iii) Failure of the system or equipment would pose great risk to human safety or the environment; and (iv) A simulant agent cannot be used in place of the halon during system or equipment testing for technical reasons. 
      (4) Releases of halons associated with research and development of halon alternatives, and releases of halons necessary during analytical determination of halon purity using established laboratory practices are exempt from this prohibition. 
      (5) This prohibition does not apply to qualification and development testing during the design and development process of halon-containing systems or equipment when such tests are essential to demonstrate system or equipment functionality and when a suitable simulant agent can not be used in place of the halon for technical reasons. 
      (6) This prohibition does not apply to the emergency release of halons for the legitimate purpose of fire extinguishing, explosion inertion, or other emergency applications for which the equipment or systems were designed. 
      (c) Effective April 6, 1998, organizations that employ technicians who test, maintain, service, repair or dispose of halon-containing equipment shall take appropriate steps to ensure that technicians hired on or before April 6, 1998 will be trained regarding halon emissions reduction by September 1, 1998. Technicians hired after April 6, 1998 shall be trained regarding halon emissions reduction within 30 days of hiring, or by September 1, 1998, whichever is later. 
      (d) Effective April 6, 1998, no person shall dispose of halon-containing equipment except by sending it for halon recovery to a manufacturer operating in accordance with NFPA 10 and NFPA 12A standards, a fire equipment dealer operating in accordance with NFPA 10 and NFPA 12A standards or a recycler operating in accordance with NFPA 10 and NFPA 12A standards. This provision does not apply to ancillary system devices such as electrical detection control components which are not necessary to the safe and secure containment of the halon within the equipment, to fully discharged total flooding systems, or to equipment containing only de minimis quantities of halons. 
      
       (e) Effective April 6, 1998, no person shall dispose of halon except by sending it for recycling to a recycler operating in accordance with NFPA 10 and NFPA 12A standards, or by arranging for its destruction using one of the controlled processes approved by the Parties and listed in the definition of destruction in §82.3 of subpart A of this part.
      
      
      
      
      
      
      
      (f) Effective April 6, 1998, no owner of halon-containing equipment shall allow halon release to occur as a result of failure to maintain such equipment.

