(a) Effective January 1, 1996, persons in the following list are allocated essential-use allowances or exemptions for quantities of a specific class I controlled substance for a specific essential-use (the Administrator reserves the right to revise the allocations based on future decisions of the Parties).

Table I–Essential Use Allowances for Calendar Year 2010

(i) Metered Dose Inhalers (for oral inhalation) for Treatment of Asthma and Chronic Obstructive Pulmonary Disease
Company Chemical 2010 Quantity
(metric tons)
Armstrong CFC-11 or CFC-12 or CFC-114. 30.0

Terms Used In 40 CFR 82.8

  • Administrator: means the Administrator of the United States Environmental Protection Agency or his or her authorized representative. See 40 CFR 82.3
  • 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
  • Critical use: means a circumstance in which the following two conditions are satisfied:

    (1) There are no technically and economically feasible alternatives or substitutes for methyl bromide available that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances involved, and

    (2) The lack of availability of methyl bromide for a particular use would result in significant market disruption. See 40 CFR 82.3

  • Essential-Use 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

  • 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

(b) A global exemption for class I controlled substances for essential laboratory and analytical uses shall be in effect through December 31, 2021, subject to the restrictions in appendix G of this subpart, and subject to the recordkeeping and reporting requirements at §82.13(u) through (x). There is no amount specified for this exemption.

(c) Effective January 1, 2005, critical use allowances are apportioned as set forth in paragraph (c)(1) of this section for the exempted production and import of class I, Group VI controlled substances specifically for those approved critical uses listed in appendix L to this subpart for the applicable control period. Every kilogram of production and import in excess of the total number and type of unexpended critical use allowances held for a particular type of use constitutes a separate violation of this subpart.

(1) Allocated critical use allowances granted for specified control period.

Company 2016 Critical use allowances for pre-plant uses*
2016 Critical use allowances for post-harvest uses*
Great Lakes Chemical Corp. A Chemtura Company 84,222 1,179
Albemarle Corp. 34,634 485
ICL-IP America 19,140 268
TriCal, Inc. 596 8
Total 138,592 1,939

*For production or import of Class I, Group VI controlled substance exclusively for the pre-plant or post-harvest uses specified in appendix L to this subpart.

(2) [Reserved]

[69 FR 77003, Dec. 23, 2004]

Editorial Note: For Federal Register citations affecting §82.8, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.