[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: 40CFR82.65]

[Page 423]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 82--PROTECTION OF STRATOSPHERIC OZONE--Table of Contents
 
 Subpart C--Ban on Nonessential Products Containing Class I Substances 
 and Ban on Nonessential Products Containing or Manufactured With Class 
                              II Substances
 
Sec. 82.65  Temporary exemptions.

    (a) Any person may sell or distribute, or offer to sell or 
distribute, in interstate commerce, at any time, any products specified 
as nonessential in Sec. 82.70 which are manufactured and placed into 
initial inventory by December 31, 1993.
    (b) Any person may sell or distribute, or offer to sell or 
distribute, in interstate commerce, at any time, any products specified 
as nonessential in Sec. 82.70 which are manufactured and placed into 
initial inventory within the date 90 days after the effective date of 
any federal approvals required for product reformulation, where 
application for the required approval was timely and properly submitted 
to the approving federal agency prior to January 1, 1994.
    (c)(1) Any person may sell or distribute or offer to sell or 
distribute, in interstate commerce, at any time, any products specified 
as nonessential in Sec. 82.70 which are manufactured and placed into 
initial inventory within 45 days after the receipt of denial by any 
federal agency of an application for reformulation where initial 
application for the required approval was timely and properly submitted 
to the approving federal agency prior to January 1, 1994.
    (2) If, within 45 days of receipt of a denial of an application for 
reformulation, a person submits a new viable application for federal 
approval of a reformulation, that person may continue to sell and 
distribute, or offer to sell and distribute until 45 days of denial of 
that application.
    (d) Any person may sell or distribute, or offer to sell or 
distribute, in interstate commerce, at any time, any integral skin foam 
utilized to provide for motor vehicle safety in accordance with Federal 
Motor Vehicle Safety Standards, which are manufactured and placed into 
initial inventory prior to January 1, 1996.
    (e) Any person selling or distributing, or offering to sell or 
distribute, any product specified in this section after January 1, 1994, 
or January 1, 1996 for paragraph (d) of this section, or after January 
17, 1994 for any product specified in paragraph (g) of this section, 
must retain proof that such product was manufactured and placed into 
initial inventory before the relevant date specified in this section. 
Such proof may take the form of shipping forms, lot numbers, 
manufacturer date stamps, invoices or equivalent business records.
    (f) Any person may sell or distribute, or offer to sell or 
distribute, in interstate commerce, any aircraft pesticide containing 
class I until an alternative aircraft pesticide containing class II is 
available in interstate commerce.
    (g) Any person may sell or distribute, or offer to sell or 
distribute, in interstate commerce, at any time, any replacement part 
that was manufactured with, or contains a class I substance or was 
packaged in material that was manufactured with or contains a class I 
substance only if:
    (1) The replacement part was manufactured for use in a single model 
of a product; and
    (2) The replacement part and product model are no longer 
manufactured; and
    (3) The replacement part was placed into initial inventory prior to 
April 16, 1992.
    (h) Any person may sell or distribute, or offer to sell or 
distribute, in interstate commerce, at any time, any air-conditioning or 
refrigeration products specified as nonessential in Sec. 82.66(e) that 
are manufactured and placed into initial inventory by January 14, 2002.
    (i) Any person may sell or distribute, or offer to sell or 
distribute, in interstate commerce, at any time, any integral skin foam 
products manufactured with a Class I substance for use in commercial 
aviation and specified as nonessential in Sec. 82.66(c) that are 
manufactured and placed into initial inventory by January 14, 2002.

[58 FR 69675, Dec. 30, 1993, as amended at 66 FR 57522, Nov. 15, 2001]