[Code of Federal Regulations]

[Title 40, Volume 17]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR82.10]



[Page 473-474]

 

                   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.  82.10  Availability of consumption allowances in addition to 

baseline consumption allowances for class I controlled substances.



    (a) Until January 1, 1996 for all class I controlled substances, 

except Group VI, and until January 1, 2005, for class I, Group VI, any 

person may obtain, in accordance with the provisions of this subsection, 

consumption allowances equivalent to the level of class I controlled 

substances (other than used controlled substances or transhipments) that 

the person has exported from the United States and its territories to a 

Party (as listed in appendix C to this subpart).

    (1) Until January 1, 1996 for all class I controlled substances, 

except Group VI, and until January 1, 2005, for class I, Group VI, to 

receive consumption allowances in addition to baseline consumption 

allowances, the exporter of the class I controlled substances 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 and type of controlled substances exported;

    (v) The source of the controlled substance and the date purchased;

    (vi) The date on which, and the port from which, the controlled 

substances were exported from the United States or its territories;

    (vii) The country to which the controlled substances were exported;

    (viii) A copy of the bill of lading and the invoice indicating the 

net quantity of controlled substances shipped and documenting the sale 

of the controlled substances to the purchaser.

    (ix) The commodity code of the controlled substance exported; and

    (x) Written statement from the producer that the controlled 

substance was produced with expended allowances.

    (2) The Administrator will review the information and documentation 

submitted under paragraph (a)(1) of this section and will assess the 

quantity of controlled substances that the documentation verifies was 

exported. The Administrator will issue the exporter consumption 

allowances equivalent to the level of controlled substances that the 

Administrator determined were exported. The grant of the consumption 

allowances will be effective on the date the notice is issued. If the 

Administrator determines that the information and documentation does not 

satisfactorily substantiate that the person exported controlled 

substances as claimed the Administrator will issue a notice that the 

consumption allowances are not granted.

    (b) Until January 1, 1996, a person may obtain consumption 

allowances for a class I controlled substance (and until January 1, 2005 

for class I, Group VI) equal to the amount of a controlled substance 

either produced in, or imported into, the United States that was 

transformed or destroyed in the case



[[Page 474]]



where consumption allowances were expended to produce or import such 

substance in accordance with the provisions of this paragraph. However, 

a person producing or importing a controlled substance (except class I, 

Group VI) that was transformed or destroyed must submit to the 

Administrator the information described under Sec.  82.13 (f)(3) (i) and 

(ii).

    (c) A company may also increase its consumption allowances by 

receiving production from another Party to the Protocol for class I, 

Group I through Group V and Group VII controlled substances until 

January 1, 1996 and for class I, Group VI controlled substances until 

January 1, 2005. A nation listed in appendix C to this subpart (Parties 

to the Montreal Protocol) must agree to transfer to the person for the 

current control period some amount of production that the nation is 

permitted under the Montreal Protocol. If the controlled substance is to 

be returned to the Party from whom allowances are received, the request 

for consumption allowances shall also be considered a request for 

production allowances under Sec.  82.9(c). 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 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 that is 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 allowances 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:

    (1) The identity and address of the person;

    (2) The identity of the Party;

    (3) The names and telephone numbers of contact persons for the 

person and for the Party;

    (4) The chemical type and level of production being transferred;

    (5) The control period(s) to which the transfer applies; and

    (6) For increased production intended for export to the Party from 

whom allowances would be received, a signed statement of intent to 

export to this Party.

    (d) On the first day of each control period, until January 1, 1996, 

the Agency will grant consumption allowances to any person that produced 

and exported a Group IV controlled substance in the baseline year and 

that was not granted baseline consumption allowances under Sec.  82.5.

    (1) The number of consumption allowances any such person will be 

granted for each control period will be equal to the number of 

production allowances granted to that person under Sec.  82.7 for that 

control period.

    (2) Any person granted allowances under this paragraph must hold the 

same number of unexpended consumption allowances for the control period 

for which the allowances were granted by February 15 of the following 

control period. Every kilogram by which the person's unexpended 

consumption allowances fall short of the amount the person was granted 

under this paragraph constitutes a separate violation.



[60 FR 24986, May 10, 1995, as amended at 65 FR 70804, Nov. 28, 2000]