[Code of Federal Regulations]
[Title 40, Volume 17]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR82.10]

[Page 472-473]
 
                   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 473]]

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]