[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR82.122]

[Page 436-437]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 82--PROTECTION OF STRATOSPHERIC OZONE--Table of Contents
 
  Subpart E--The Labeling of Products Using Ozone-Depleting Substances
 
Sec. 82.122  Certification, recordkeeping, and notice requirements.

    (a) Certification. (1) Persons claiming the exemption provided in 
Sec. 82.106(b)(2) must submit a written certification to the following 
address: Labeling Program Manager, Stratospheric Protection Division, 
Office of Atmospheric Programs, 6205-J, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    (2) The certification must contain the following information:
    (i) The exact location of documents verifying calendar year 1990 
usage and the 95% reduced usage during a twelve month period;
    (ii) A description of the records maintained at that location;
    (iii) A description of the type of system used to track usage;
    (iv) An indication of which 12 month period reflects the 95% reduced 
usage, and;
    (v) Name, address, and telephone number of a contact person.
    (3) Persons who submit certifications postmarked on or before May 
15, 1993, need not place warning labels on their products manufactured 
using CFC-113 or methyl chloroform as a solvent. Persons who submit 
certifications postmarked after May 15, 1993, must label their products 
manufactured using CFC-113 or methyl chloroform as a solvent for 14 days 
following such submittal of the certification.
    (4) Persons certifying must also include a statement that indicates 
their future annual use will at no time exceed 5% of their 1990 usage.
    (5) Certifications must be signed by the owner or a responsible 
corporate officer.
    (6) If the Administrator determines that a person's certification is 
incomplete or that information supporting the exemption is inadequate, 
then

[[Page 437]]

products manufactured using CFC-113 or methyl chloroform as a solvent by 
such person must be labeled pursuant to Sec. 82.106(a).
    (b) Recordkeeping. Persons claiming the exemption under section 
82.106(b)(2) must retain supporting documentation at one of their 
facilities.
    (c) Notice Requirements. Persons who claim an exemption under 
Sec. 82.106(b)(2) must submit a notice to the address in paragraph 
(a)(1) of this section within 30 days of the end of any 12 month period 
in which their usage of CFC-113 or methyl chloroform used as a solvent 
exceeds the 95% reduction from calendar year 1990.