(a)(1) Calendar-year allowances. In each control period as indicated in the following tables, each person is granted the specified percentage of baseline production allowances and baseline consumption allowances for the specified class II controlled substances apportioned under §§82.17 and 82.19:

Table 1 to Paragraph (a)–Calendar-Year HCFC Production Allowances

Control period Percent of HCFC-141b Percent of HCFC-22 Percent of HCFC-142b Percent of HCFC-123 Percent of HCFC-124 Percent of HCFC-225ca Percent of HCFC-225cb
2003 0 100 100
2004 0 100 100
2005 0 100 100
2006 0 100 100
2007 0 100 100
2008 0 100 100
2009 0 100 100
2010 0 41.9 0.47 0 125 125 125
2011 0 32 4.9 0 125 125 125
2012 0 17.7 4.9 0 125 125 125
2013 0 30.1 4.9 0 125 125 125
2014 0 26.1 4.9 0 125 125 125
2015 0 21.7 0.37 0 5 0 0
2016 0 21.7 0.32 0 5 0 0
2017 0 21.7 0.26 0 5 0 0
2018 0 21.7 0.21 0 5 0 0
2019 0 21.7 0.16 0 5 0 0
2020 0 0 0 0 5.0 0 0
2021 0 0 0 0 5.0 0 0
2022 0 0 0 0 5.0 0 0
2023 0 0 0 0 4.4 0 0
2024 0 0 0 0 3.8 0 0
2025 0 0 0 0 3.2 0 0
2026 0 0 0 0 2.5 0 0
2027 0 0 0 0 1.9 0 0
2028 0 0 0 0 1.3 0 0
2029 0 0 0 0 0.7 0 0
2030 0 0 0 0 0 0 0

Table 2 to Paragraph (a)–Calendar-Year HCFC Consumption Allowances

Control period Percent of HCFC-141b Percent of HCFC-22 Percent of HCFC-142b Percent of HCFC-123 Percent of HCFC-124 Percent of HCFC-225ca Percent of HCFC-225cb
2003 0 100 100
2004 0 100 100
2005 0 100 100
2006 0 100 100
2007 0 100 100
2008 0 100 100
2009 0 100 100
2010 0 41.9 0.47 125 125 125 125
2011 0 32 4.9 125 125 125 125
2012 0 17.7 4.9 125 125 125 125
2013 0 18 4.9 125 125 125 125
2014 0 14.2 4.9 125 125 125 125
2015 0 7 1.7 100 8.3 0 0
2016 0 5.6 1.5 100 8.3 0 0
2017 0 4.2 1.2 100 8.3 0 0
2018 0 2.8 1 100 8.3 0 0
2019 0 1.4 0.7 100 8.3 0 0
2020 0 0 0 32.3 8.3 0 0
2021 0 0 0 32.3 8.3 0 0
2022 0 0 0 32.3 8.3 0 0
2023 0 0 0 28.4 7.3 0 0
2024 0 0 0 24.4 6.3 0 0
2025 0 0 0 20.4 5.3 0 0
2026 0 0 0 16.4 4.2 0 0
2027 0 0 0 12.5 3.2 0 0
2028 0 0 0 8.5 2.2 0 0
2029 0 0 0 4.5 1.1 0 0
2030 0 0 0 0 0 0 0

Terms Used In 40 CFR 82.16

  • 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.
  • Baseline consumption allowances: means the consumption allowances apportioned under §§82. See 40 CFR 82.3
  • Consumption: means the production plus imports minus exports of a controlled substance (other than transhipments, or used controlled substances). See 40 CFR 82.3
  • Consumption allowances: means the privileges granted by this subpart to produce and import controlled substances. 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
  • 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
  • Export: means the transport of virgin or used controlled substances from inside the United States or its territories to persons outside the United States or its territories, excluding United States military bases and ships for on-board use. See 40 CFR 82.3
  • Export production allowances: means the privileges granted by §82. See 40 CFR 82.3
  • Import: means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into any place subject to the jurisdiction of the United States whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States, with the following exemptions:

    (1) Off-loading used or excess controlled substances or controlled products from a ship during servicing,

    (2) Bringing controlled substances into the U. 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
  • Production: means the manufacture of a controlled substance from any raw material or feedstock chemical, but does not include:

    (1) The manufacture of a controlled substance that is subsequently transformed. See 40 CFR 82.3

  • Production allowances: means the privileges granted by this subpart to produce controlled substances. See 40 CFR 82.3
  • Unexpended export production allowances: means export production allowances that have not been used. See 40 CFR 82.3

(2) Recoupment allowances. In the control period beginning January 1, 2013 and ending December 31, 2013, and again in the control period beginning January 1, 2014 and ending December 31, 2014, certain companies are granted HCFC consumption and production allowances in addition to the percentage of baseline listed in the table at paragraph (a)(1) of this section. The following companies will receive the amounts listed below in both 2013 and 2014: 2,374,846 kg of HCFC-22 consumption allowances and 2,305,924 kg of HCFC-22 production allowances to Arkema; 1,170 kg of HCFC-142b consumption allowances to DuPont; 29,146 kg of HCFC-142b consumption allowances and 53,549 kg of HCFC-142b production allowances to Honeywell; 578,948 kg of HCFC-22 consumption allowances to Solvay Fluorides; and 144,900 kg of HCFC-142b production allowances to Solvay Solexis.

(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 §82.18(a) using unexpended Article 5 allowances, for export under §82.18(b) using unexpended export production allowances, for HCFC-141b exemption needs using unexpended HCFC-141b exemption allowances, or for exemptions permitted in §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 §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 §82.18(a) using unexpended Article 5 allowances, or for export under §82.18(b) using unexpended export production allowances, or for exemptions permitted in §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 §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 use as a fire suppression streaming agent listed as acceptable for use or acceptable subject to narrowed use limits for nonresidential applications in accordance with the regulations at subpart G of this part, for export under §82.18(a) using unexpended Article 5 allowances, for export under §82.18(b) using unexpended export production allowances, or for exemptions permitted in §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 §82.15(f), for use as a refrigerant in equipment manufactured prior to January 1, 2020, or for use as a fire suppression streaming agent listed as acceptable for use or acceptable subject to narrowed use limits for nonresidential applications in accordance with the regulations at subpart G of this part.

(e)(1) 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 §82.18(a) using unexpended Article 5 allowances, or for exemptions permitted in §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 §82.15(f).

(2) Effective January 1, 2020, no person may produce HCFC-123 for any purpose other than for use in a process resulting in its transformation or its destruction, for use as a refrigerant in equipment manufactured before January 1, 2020, for export under §82.18(a) using unexpended Article 5 allowances, or for exemptions permitted in §82.15(f). Effective January 1, 2020, no person may import HCFC-123 for any purpose other than for use in a process resulting in its transformation or its destruction, for use as a refrigerant in equipment manufactured before January 1, 2020, for use as a fire suppression streaming agent in equipment manufactured before January 1, 2020 and listed as acceptable for use or acceptable subject to narrowed use limits for nonresidential applications, or for exemptions permitted in §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 §82.18(a) using unexpended Article 5 allowances, or for exemptions permitted in §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 §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 §82.15(f).

(h) [Reserved]

[68 FR 2848, Jan. 21, 2003, as amended at 71 FR 41171, July 20, 2006; 74 FR 66446, Dec. 15, 2009; 76 FR 47467, Aug. 5, 2011; 78 FR 20027, Apr. 3, 2013; 79 FR 64286, Oct. 28, 2014; 85 FR 15296, Mar. 17, 2020]