(a) If apportioned Article 5 allowances under §82.9(a) or §82.11(a)(2), a person may produce Class I controlled substances, in accordance with the prohibitions in §82.4 and the reduction schedule in §82.11(a)(3), to be exported (not including exports resulting in transformation or destruction, or exports of used controlled substances) to foreign states listed in appendix E to this subpart (Article 5 countries).

Terms Used In 40 CFR 82.11

  • Administrator: means the Administrator of the United States Environmental Protection Agency or his or her authorized representative. See 40 CFR 82.3
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Class I: refers to the controlled substances listed in appendix A to this subpart. See 40 CFR 82.3
  • Control period: means the period from January 1, 1992 through December 31, 1992, and each twelve-month period from January 1 through December 31, thereafter. See 40 CFR 82.3
  • Controlled substance: means any substance listed in appendix A or appendix B to this subpart, whether existing alone or in a mixture, but excluding any such substance or mixture that is in a manufactured product other than a container used for the transportation or storage of the substance or mixture. See 40 CFR 82.3
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Destruction: means the expiration of a controlled substance to the destruction and removal efficiency actually achieved, unless considered completely destroyed as defined in this section. See 40 CFR 82.3
  • Exporter: means the person who contracts to sell controlled substances for export or transfers controlled substances to his affiliate in another country. See 40 CFR 82.3
  • Person: means any individual or legal entity, including an individual, corporation, partnership, association, state, municipality, political subdivision of a state, Indian tribe. See 40 CFR 82.3

(1) A person must submit a notice to the Administrator of exports to Article 5 countries (except exports resulting in transformation or destruction, or used controlled substances) at the end of the quarter that includes the following:

(i) The identities and addresses of the exporter and the Article 5 country recipient of the exports;

(ii) The exporter’s Employee Identification Number;

(iii) The names and telephone numbers of contact persons for the exporter and for the recipient;

(iv) The quantity and the type of controlled substances exported, its source and date purchased;

(v) The date on which, and the port from which, the controlled substances were exported from the United States or its territories;

(vi) The Article 5 country to which the controlled substances were exported;

(vii) A copy of the bill of lading and invoice indicating the net quantity shipped and documenting the sale of the controlled substances to the Article 5 purchaser;

(viii) The commodity code of the controlled substance exported; and

(ix) A copy of the invoice or sales agreement covering the sale of the controlled substances to the recipient Article 5 country that contains provisions forbidding the reexport of the controlled substance in bulk form and subjecting the recipient or any transferee of the recipient to liquidated damages equal to the resale price of the controlled substances if they are reexported in bulk form.

(2) Persons who reported exports of Class I, Group I controlled substances to Article 5 countries in 2000-2003 are apportioned baseline Article 5 allowances as set forth in §82.11(a)(2)(i). Persons who reported exports of Class I, Group VI controlled substances to Article 5 countries in 1995-1998 are apportioned baseline Article 5 allowances as set forth in §82.11(a)(2)(ii)).

(i) For Group I Controlled Substances

Controlled Substance Person Allowances (kg)
CFC-11 Honeywell 7,150
Sigma Aldrich 1
CFC-113 Fisher Scientific 5
Honeywell 313,686
Sigma Aldrich 48
CFC-114 Honeywell 24,798
Sigma Aldrich 1

(ii) For Group VI Controlled Substances

Controlled Substance Person Allowances (kg)
Methyl Bromide Albemarle 1,152,714
Ameribrom 176,903
Great Lakes Chemical Corporation 3,825,846

(3) Phased Reduction Schedule for Article 5 Allowances allocated in §82.11. For each control period specified in the following table, each person is granted the specified percentage of the baseline Article 5 allowances apportioned under §82.11.

Control Period Class I substances in group I
(In
percent)
Class I substances in group VI
(In
percent)
2006 50 80
2007 15 80
2008 15 80
2009 15 80
2010 0 80
2011 0 80
2012 0 80
2013 0 80
2014 0 80
2015 0 0

(2) [Reserved]

(b) [Reserved]

[60 FR 24986, May 10, 1995, as amended at 70 FR 77047, Dec. 29, 2005]