[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: 40CFR82.15]

[Page 360-361]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 82--PROTECTION OF STRATOSPHERIC OZONE--Table of Contents
 
             Subpart A--Production and Consumption Controls
 
Sec. 82.15  Prohibitions for class II controlled substances.

    (a) Production. (1) Effective January 21, 2003, no person may 
produce class II controlled substances 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), 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

[[Page 361]]

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, without having 
submitted a petition to the Administrator and received a non-objection 
notice in accordance with Sec. 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 Sec. 82.24(c)(3) and (4) 
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. Every kilogram of a class II controlled 
substance that was produced with Article 5 allowances that is introduced 
into U.S. interstate commerce 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 to the 
Protocol as listed in Appendix E to this subpart. Every kilogram of a 
class II controlled substance that was produced with Article 5 
allowances that is exported to a non-Article 5 Party to the Protocol as 
listed in Appendix E of this subpart 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. Effective January 1, 2004, 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 
listed as a Party either:
    (1) In Appendix L of this subpart and also listed in Appendix C, 
Annex 1 of the Protocol as having ratified the Beijing Amendments, or
    (2) In Appendix C, Annex 1 of the Protocol as having ratified the 
Copenhagen Amendments but not listed in Appendix L of this subpart, or
    (3) In Appendix C, Annex 2 of the Protocol, as being a foreign state 
complying with the Beijing Amendments if the foreign state is listed in 
Appendix L of this subpart, or as being a foreign state complying with 
the Copenhagen Amendments if the foreign state is not listed in Appendix 
L of this subpart.
    (f) Exemptions. (1) Medical Devices [Reserved]

[68 FR 2848, Jan. 21, 2003]