[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: 40CFR82.15]

[Page 492-493]
 
                   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 for which EPA has apportioned 
baseline production and consumption allowances, 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.

[[Page 493]]

    (b) Import. (1) Effective January 21, 2003, no person may import 
class II controlled substances (other than transhipments, heels or used 
class II controlled substances) for which EPA has apportioned baseline 
production and consumption allowances , 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 for which EPA 
has apportioned baseline production and consumption allowances, 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; 71 
FR 41171, July 20, 2006]