[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: 40CFR82.20]

[Page 368-369]
 
                   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. 82.20  Availability of consumption allowances in addition to baseline consumption allowances for class II controlled substances.

    (a) A person may obtain at any time during the control period, in 
accordance with the provisions of this section, consumption allowances 
equivalent to the quantity of class II controlled substances that the 
person exported from the U.S. and its territories to a foreign state, in 
accordance with this section, when that quantity of class II controlled 
substance was produced in the U.S. with expended consumption allowances.
    (1) The exporter must submit to the Administrator a request for 
consumption allowances setting forth the following:
    (i) The identities and addresses of the exporter and the recipient 
of the exports;
    (ii) The exporter's Employer Identification Number;
    (iii) The names and telephone numbers of contact persons for the 
exporter and the recipient;
    (iv) The quantity (in kilograms) and type of class II controlled 
substances reported;
    (v) The source of the class II controlled substances and the date 
purchased;
    (vi) The date on which, and the port from which, the class II 
controlled substances were exported from the U.S. or its territories;
    (vii) The country to which the class II controlled substances were 
exported;
    (viii) A copy of the bill of lading and the invoice indicating the 
net quantity (in kilograms) of class II controlled substances shipped 
and documenting the sale of the class II controlled substances to the 
purchaser;
    (ix) The commodity codes of the class II controlled substances 
reported; and
    (x) A written statement from the producer that the class II 
controlled substances were produced with expended allowances.

[[Page 369]]

    (2) The Administrator will review the information and documentation 
submitted under paragraph (a)(1) of this section and will issue a 
notice.
    (i) The Administrator will determine the quantity of class II 
controlled substances that the documentation verifies was exported and 
issue consumption allowances equivalent to the quantity of class II 
controlled substances that were exported.
    (A) The grant of the consumption allowances will be effective on the 
date the notice is issued.
    (B) The consumption allowances will be granted to the person the 
exporter indicates, whether it is the producer or the exporter.
    (ii) The Administrator will issue a notice that the consumption 
allowances are not granted if the Administrator determines that the 
information and documentation do not satisfactorily substantiate the 
exporter's claims.
    (b) International trades of consumption allowances. (1) A person may 
increase its consumption allowances for a specified control period 
through trades with another Party to the Protocol as set forth in this 
paragraph (b). A person may only receive consumption from Poland or 
Norway, or both, and only if the nation agrees to trade to the person 
for the current control period some quantity of consumption that the 
nation is permitted under the Montreal Protocol.
    (2) Trade from a Party--Information requirements. A person must 
submit the following information to the Administrator:
    (i) A signed document from the principal diplomatic representative 
in the Polish or Norwegian embassy in the U.S. stating that the 
appropriate authority within that nation will establish or revise 
consumption limits for the nation to equal the lowest of the following 
three consumption quantities:
    (A) The maximum consumption that the nation is allowed under the 
Protocol minus the quantity (in kilograms) traded;
    (B) The maximum consumption that is allowed under the nation's 
applicable domestic law minus the quantity (in kilograms) traded; or
    (C) The average of the nation's actual consumption level for the 
three years prior to the trade minus the consumption traded.
    (ii) A person requesting a consumption trade from Poland or Norway 
must also submit to the Administrator a true copy of the document that 
sets forth the following:
    (A) The identity and address of the person;
    (B) The identity of the Party;
    (C) The names and telephone numbers of contact persons for the 
person and for the Party;
    (D) The chemical type and quantity (in kilograms) of consumption 
being traded;
    (E) Documentation that the Party possesses the necessary quantity of 
unexpended consumption rights;
    (F) The control period(s) to which the trade applies; and
    (3) Notice of trade. If the request meets the requirement of 
paragraph (b)(2) of this section for trades from Parties, the 
Administrator will issue the person a notice. The notice will grant 
consumption allowances and specify the control period to which the trade 
applies. The Administrator may disapprove the trade request if it does 
not meet the requirements of paragraph (b)(2) of this section.
    (4) Trade from a Party. The Administrator will issue a notice 
revising the allowances held by the recipient of the trade to equal the 
unexpended consumption allowances held by the recipient of the trade 
under this subpart plus the quantity of allowable consumption traded 
from the Party.
    (5) Effective date of revised consumption limits. The change in 
consumption allowances will be effective on the date that the notice is 
issued.

[68 FR 2848, Jan. 21, 2003]