[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: 40CFR82.16] [Page 494-498] 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. 82.16 Phaseout schedule of class II controlled substances. (a) In each control period as indicated in the following table, each person is granted the specified percentage of baseline production allowances and baseline consumption allowances for the specified class II controlled substances apportioned under Sec. Sec. 82.17 and 82.19: [[Page 495]] ------------------------------------------------------------------------ Percent Percent of HCFC- Control period of HCFC- 22 & 141b HCFC- 142b ------------------------------------------------------------------------ 2003................................................ 0 100 2004................................................ 0 100 2005................................................ 0 100 2006................................................ 0 100 2007................................................ 0 100 2008................................................ 0 100 2009................................................ 0 100 ------------------------------------------------------------------------ (b) Effective January 1, 2003, no person may produce HCFC-141b except for use in a process resulting in its transformation or its destruction, for export under Sec. 82.18(a) using unexpended Article 5 allowances, for export under Sec. 82.18(b) using unexpended export production allowances, for HCFC-141b exemption needs using unexpended HCFC-141b exemption allowances, or for exemptions permitted in Sec. 82.15(f). Effective January 1, 2003, no person may import HCFC-141b (other than transhipments, heels or used class II controlled substances) in excess of the quantity of unexpended HCFC-141b exemption allowances held by that person except for use in a process resulting in its transformation or its destruction, or for exemptions permitted in Sec. 82.15(f). (c) Effective January 1, 2010, no person may produce HCFC-22 or HCFC-142b for any purpose other than for use in a process resulting in their transformation or their destruction, for use in equipment manufactured before January 1, 2010, for export under Sec. 82.18(a) using unexpended Article 5 allowances, or for export under Sec. 82.18(b) using unexpended export production allowances, or for exemptions permitted in Sec. 82.15(f). Effective January 1, 2010, no person may import HCFC-22 or HCFC-142b (other than transhipments, heels or used class II controlled substances) for any purpose other than for use in a process resulting in their transformation or their destruction, for exemptions permitted in Sec. 82.15(f), or for use in equipment manufactured prior to January 1, 2010. (d) Effective January 1, 2015, no person may produce class II controlled substances not previously controlled, for any purpose other than for use in a process resulting in their transformation or their destruction, for use as a refrigerant in equipment manufactured before January 1, 2020, for export under Sec. 82.18(a) using unexpended Article 5 allowances, or for export under Sec. 82.18(b) using unexpended export production allowances, or for exemptions permitted in Sec. 82.15(f). Effective January 1, 2015, no person may import class II controlled substances not subject to the requirements of paragraph (b) or (c) of this section (other than transhipments, heels or used class II controlled substances) for any purpose other than for use in a process resulting in their transformation or their destruction, for exemptions permitted in Sec. 82.15(f), or for use as a refrigerant in equipment manufactured prior to January 1, 2020. (e) Effective January 1, 2020, no person may produce HCFC-22 or HCFC-142b for any purpose other than for use in a process resulting in their transformation or their destruction, for export under Sec. 82.18(a) using unexpended Article 5 allowances, or for export under Sec. 82.18(b) using unexpended export production allowances, or for exemptions permitted in Sec. 82.15(f). Effective January 1, 2020, no person may import HCFC-22 or HCFC-142b for any purpose other than for use in a process resulting in their transformation or their destruction, or for exemptions permitted in Sec. 82.15(f). (f) Effective January 1, 2030, no person may produce class II controlled substances, for any purpose other than for use in a process resulting in their transformation or their destruction, for export under Sec. 82.18(a) using unexpended Article 5 allowances, or for exemptions permitted in Sec. 82.15(f). Effective January 1, 2030, no person may import class II controlled substances for any purpose other than for use in a process resulting in their transformation or their destruction, or for exemptions permitted in Sec. 82.15(f). (g) Effective January 1, 2040, no person may produce class II controlled substances for any purpose other than for use in a process resulting in their transformation or their destruction, or for exemptions permitted in Sec. 82.15(f). (h) Petition for HCFC-141b exemption allowances. [[Page 496]] (1) Effective January 21, 2003, a formulator of HCFC-141b, an agency, department, or instrumentality of the U.S., or a non- governmental space vehicle entity, may petition EPA for HCFC-141b exemption allowances for the production or import of HCFC-141b after the phaseout date, in accordance with this section. The petitioner must submit the following information to the Director of EPA's Office of Atmospheric Programs no later than April 21, 2003, for the 2003 control period; and, for any subsequent control period, no later than October 31st of the year preceding the control period for which the HCFC-141b exemption allowances are requested: (i) Name and address of the HCFC-141b formulator, U.S. government entity or non-governmental space vehicle entity; (ii) Name of contact person, phone number, fax number and e-mail address; (iii) Quantity (in kilograms) of HCFC-141b needed for each relevant calendar year, supported by documentation about past use for at least the previous three years; (iv) Quantities of HCFC-141b, if any, contained in systems that were sold to other systems houses for at least the previous three years; (v) Description of the markets and applications served by the use of HCFC-141b or systems based on HCFC-141b; (vi) Technical description of processes in which HCFC-141b is being used; (vii) Technical description of the specific conditions under which the product will be applied; (viii) Technical description of why alternatives and substitutes are not sufficient to eliminate the use of HCFC-141b; (ix) Amount of stockpiled HCFC-141b (on-hand, taken title to, or available from a supplier) along with a detailed analysis showing why stockpiled, recovered or recycled quantities are deemed to be unavailable, or technically or commercially infeasible for use (for example, taking into consideration undue costs for storage and transportation); (x) An estimate of the number of control periods over which such an exemption would be necessary; (xi) A detailed description of continuing investigations into and progress on possible alternatives and substitutes; (xii) A list of alternatives considered, purchased or sampled, including dates and copies of receipts for verification; (xiii) A summary of the petitioner's in-house development program including summaries of all relevant test results and their significance to subsequent decision-making and technology selection. Full supporting test data must be available on request including alternative tested and date on which it was tested; (xiv) A clear statement of the preferred technical option(s) being pursued at the time of the petition and the reasoning for this selection; (xv) A summary of product test results conducted on the preferred technical option(s) by accredited organizations in order to determine whether products meet applicable codes. Relevant test reports and certifications must be made available on request; and (xvi) A description of the further development testing to be carried out over the number of control periods identified under paragraph (h)(1)(x) of this section. (2) Within 21 business days of receipt of the petition, the Director of EPA's Office of Atmospheric Programs will issue to a HCFC-141b formulator, agency, department, or instrumentality of the U.S., or non- governmental space vehicle entity that has petitioned for HCFC-141b exemption allowances, based on information received in accordance with paragraph (h)(1) of this section, a notice indicating one of the following: (i) A determination by the Director of EPA's Office of Atmospheric Programs to grant a specific quantity of HCFC-141b exemption allowances (in kilograms) for the production or import of HCFC-141b in a specified control period based on an assessment that HCFC-141b is necessary to maintain either safety, or operational or technical viability; [[Page 497]] (ii) A determination by the Director of EPA's Office of Atmospheric Programs to request additional information because the information received in accordance with paragraph (h)(1) of this section is not sufficient to decide whether to grant or deny HCFC-141b exemption allowances. The Director of EPA's Office of Atmospheric Programs will decide whether to grant or deny HCFC-141b exemption allowances within 30 days of receipt of the additional information. However, if the petitioner fails to submit the additional information within 20 days of the request, such failure constitutes a basis for denying the petition for HCFC-141b exemption allowances. (iii) A determination by the Director of EPA's Office of Atmospheric Programs to deny a grant of HCFC-141b exemption allowances due to one or more of the following reasons: (A) The needs can be met by the use of a substance other than HCFC- 141b; (B) The needs can be met by the use of existing supplies of HCFC- 141b; (C) There is evidence of fraud or misrepresentation; (D) Approval of the HCFC-141b exemption allowances would be inconsistent with U.S. obligations under the provisions of the Montreal Protocol (including Decisions agreed by the Parties); (E) Approval of the HCFC-141b exemption allowances would be inconsistent with the Clean Air Act; (F) There is an inadequate demonstration of efforts undertaken to research and implement alternatives; or (G) Granting the HCFC-141b exemption allowances may reasonably be expected to endanger human health or the environment. (3) Within ten working days after receipt of a notice outlining a determination by the Director of EPA's Office of Atmospheric Programs to deny a grant of HCFC-141b exemption allowances due to one or more of the reasons in paragraph (h)(2)(iii) of this section, the petitioner may file with the Director of EPA's Office of Atmospheric Programs a one- time appeal with elaborated information. The Director of EPA's Office of Atmospheric Programs may affirm the determination to deny a grant of HCFC-141b exemption allowances or make a determination to grant HCFC- 141b exemption allowance, in light of the available evidence submitted with the appeal. If no appeal is submitted by the tenth day after receipt of the notice outlining a determination by the Director of EPA's Office of Atmospheric Programs to deny a grant of HCFC-141b exemption allowances, the denial will be final on that day. (4) Any entity that has previously petitioned for HCFC-141b exemption allowances under paragraph (h)(1) of this section may file a petition for renewal for a subsequent control period by October 31st of the year preceding that control period. The petition for renewal must contain the following information: (i) Name and address of the HCFC-141b formulator, U.S. government entity or non-governmental space vehicle entity; (ii) Name of contact person, phone number, fax number and e-mail address; (iii) Quantity (in kilograms) of HCFC-141b needed for the control period; (iv) Description of markets and applications being served by the use of HCFC-141b; (v) A technical description of the process in which HCFC-141b is still being used; (vi) A technical description of the specific conditions under which the product is still being applied; (vii) Technical description of why alternatives and substitutes are still not sufficient to eliminate the use of HCFC-141b; (viii) Amount of stockpiled HCFC-141b (on-hand, taken title to, or available from a supplier) along with a detailed analysis showing why stockpiled, recovered or recycled quantities are deemed to be technically or economically infeasible for use; and (ix) A detailed description of continuing investigations into and progress on possible alternatives and substitutes and how this activity differs from information given in the previous request. (5) A person granted HCFC-141b exemption allowances by the Director of EPA's Office of Atmospheric Programs under paragraph (h)(2)(i) or (h)(3) of [[Page 498]] this section may request a quantity of HCFC-141b be produced or imported in the specified control period listed in the notice by conferring the rights to produce or import to a producer or importer. (6) The HCFC-141b exemption allowances held by one entity do not automatically transfer to an acquiring entity. Any entity acquiring another company holding HCFC-141b exemption allowances must submit a renewal application in accordance with paragraph (h)(4) of this section at the time of the acquisition in order to qualify for the HCFC-141b exemption allowances. [68 FR 2848, Jan. 21, 2003]