[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: 40CFR82.15]



[Page 493-494]

 

                   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



[[Page 494]]



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 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. 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 either:

    (1) A Party to the Montreal Protocol that has ratified the Beijing 

Amendments. Parties that have ratified the Beijing Amendments as of June 

17, 2004 are listed in Annex 1 to Appendix C of this subpart. Or,

    (2) A Party to the Montreal Protocol that has provided notice, 

certification, and data in accordance with Decision XV/3(c)(i), (ii), 

and (iii) respectively, to the Ozone Secretariat. A list of Parties that 

have provided notice, certification and data in accordance with Decision 

XV/3(c)(i), (ii), and (iii) respectively, by June 17, 2004 can be found 

in Annex 3 to Appendix C of this subpart and on a list maintained by the 

Ozone Secretariat. Or,

    (3) A Party to the Montreal Protocol operating under Article 5(1) to 

the Montreal Protocol. A list of Parties operating under Article 5(1) to 

the Montreal Protocol as of June 17, 2004 can be found in Annex 4 to 

Appendix C of this subpart.

    (f) Exemptions. (1) Medical Devices [Reserved]



[68 FR 2848, Jan. 21, 2003, as amended at 69 FR 34031, June 17, 2004]