[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: 40CFR82.20]



[Page 501-503]

 

                   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;



[[Page 502]]



    (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.

    (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



[[Page 503]]



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]