§ 82.1 Purpose and scope
§ 82.3 Definitions for class I and class II controlled substances
§ 82.4 Prohibitions for class I controlled substances
§ 82.5 Apportionment of baseline production allowances for class I controlled substances
§ 82.6 Apportionment of baseline consumption allowances for class I controlled substances
§ 82.7 Grant and phase reduction of baseline production and consumption allowances for class I controlled substances
§ 82.8 Grant of essential use allowances and critical use allowances
§ 82.9 Availability of production allowances in addition to baseline production allowances for class I controlled substances
§ 82.11 Exports of class I controlled substances to Article 5 Parties
§ 82.12 Transfers of allowances for class I controlled substances
§ 82.13 Recordkeeping and reporting requirements for class I controlled substances
§ 82.14 Process for electronic reporting
§ 82.15 Prohibitions for class II controlled substances
§ 82.16 Phaseout schedule of class II controlled substances
§ 82.17 Apportionment of baseline production allowances for class II controlled substances
§ 82.18 Availability of production in addition to baseline production allowances for class II controlled substances
§ 82.19 Apportionment of baseline consumption allowances for class II controlled substances
§ 82.20 Availability of consumption allowances in addition to baseline consumption allowances for class II controlled substances
§ 82.23 Transfers of allowances of class II controlled substances
§ 82.24 Recordkeeping and reporting requirements for class II controlled substances

Terms Used In CFR > Title 40 > Chapter I > Subchapter B > Part 82 > Subpart A - Production and Consumption Controls

  • Administrator: means the Administrator of the United States Environmental Protection Agency or his or her authorized representative. See 40 CFR 82.3
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appliance: means any device which contains and uses a refrigerant and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer. See 40 CFR 82.3
  • Applicator: means the person who applies methyl bromide. 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.
  • Baseline consumption allowances: means the consumption allowances apportioned under §§82. See 40 CFR 82.3
  • Baseline production allowances: means the production allowances apportioned under §§82. See 40 CFR 82.3
  • Central Data Exchange: means EPA's centralized electronic document receiving system, or its successors. See 40 CFR 82.3
  • Class I: refers to the controlled substances listed in appendix A to this subpart. See 40 CFR 82.3
  • Class II: refers to the controlled substances listed in appendix B to this subpart. See 40 CFR 82.3
  • Confer: means to shift the essential-use allowances obtained under §82. See 40 CFR 82.3
  • Consortium: means an organization representing a group of methyl bromide users that has collectively submitted an application for a critical use exemption on behalf of all members of the group. 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
  • Contract: A legal written agreement that becomes binding when signed.
  • 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 product: means a product that contains a controlled substance listed as a Class I, Group I or II substance in appendix A to this subpart. 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
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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

  • Critical use methyl bromide: means the class I, Group VI controlled substance produced or imported through expending a critical use allowance or that portion of inventory produced or imported prior to the January 1, 2005 phaseout date that is sold only for approved critical uses. 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
  • Distributor of methyl bromide: means the person directly selling a class I, Group VI controlled substance to an applicator. See 40 CFR 82.3
  • Essential-Use Allowances: means the privileges granted by §82. See 40 CFR 82.3
  • Essential-Uses: means those uses of controlled substances designated by the Parties to the Protocol to be necessary for the health and safety of, or critical for the functioning of, society. See 40 CFR 82.3
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • 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
  • Facility: means any process equipment (e. See 40 CFR 82.3
  • Foreign state: means an entity which is recognized as a sovereign nation or country other than the United States of America. See 40 CFR 82.3
  • Halon bank: means a facility run by a national government or privately run and authorized by a national government that collects and stores previously-recovered halon for reuse at a later date. See 40 CFR 82.3
  • Heel: means the amount of a controlled substance that remains in a container after it is discharged or off-loaded (that is no more than ten percent of the volume of the container). See 40 CFR 82.3
  • Hydrostatic testing: means checking a gas pressure vessel for leaks or flaws. 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

  • Individual shipment: means the kilograms of a controlled substance for which a person may make one (1) U. See 40 CFR 82.3
  • Interstate commerce: means the distribution or transportation of any controlled substance between one state, territory, possession or the District of Columbia, and another state, territory, possession or the District of Columbia, or the sale, use or manufacture of any controlled substance in more than one state, territory, possession or District of Columbia. See 40 CFR 82.3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Limiting critical condition: means the regulatory, technical, and economic circumstances listed in Column C of Appendix L to this subpart that establish conditions of critical use for methyl bromide in a fumigation area. See 40 CFR 82.3
  • Location of use: means the geographic area (such as a state, region, or the entire United States) covered by an application for a critical use exemption in which the limiting critical condition may occur. See 40 CFR 82.3
  • Montreal Protocol: means the Montreal Protocol on Substances that Deplete the Ozone Layer, a protocol to the Vienna Convention for the Protection of the Ozone Layer, including adjustments adopted by the Parties thereto and amendments that have entered into force. See 40 CFR 82.3
  • Non-Objection notice: means the privilege granted by the Administrator to import a specific individual shipment of a controlled substance in accordance with §§82. See 40 CFR 82.3
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means a foreign state that has deposited instruments of ratification, acceptance, or other form of approval with the Directorate of the United Nations Secretariat, evidencing the foreign state's ratification of the provisions of the 1987 Montreal Protocol, the London Amendment, the Copenhagen Amendment, or the Beijing Amendment, as specified. 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
  • Plant: means one or more facilities at the same location owned by or under common control of the same person. 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
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Source facility: means the location at which a used controlled substance was recovered from a piece of equipment, including the name of the company responsible for, or owning the piece of equipment, a contact person at the location, the mailing address for that specific location, and a phone number and a fax number for the contact person at the location. See 40 CFR 82.3
  • Space vehicle: means a man-made device, either manned or unmanned, designed for operation beyond earth's atmosphere. See 40 CFR 82.3
  • Third party applicator: means an applicator of critical use methyl bromide who fumigates or treats commodities, structures, crops, or land on behalf of an approved critical user. See 40 CFR 82.3
  • Transform: means to use and entirely consume (except for trace quantities) a controlled substance in the manufacture of other chemicals for commercial purposes. See 40 CFR 82.3
  • Transhipment: means the continuous shipment of a controlled substance, from a foreign state of origin through the United States or its territories, to a second foreign state of final destination, as long as the shipment does not enter into United States jurisdiction. See 40 CFR 82.3
  • Unexpended consumption allowances: means consumption allowances that have not been used. See 40 CFR 82.3
  • Unexpended destruction and transformation credits: means destruction and transformation credits that have not been used. See 40 CFR 82.3
  • Unexpended essential-use allowances: means essential-use allowances that have not been used. See 40 CFR 82.3
  • Unexpended export production allowances: means export production allowances that have not been used. See 40 CFR 82.3
  • Unexpended production allowances: means production allowances that have not been used. See 40 CFR 82.3
  • Used controlled substances: means controlled substances that have been recovered from their intended use systems (may include controlled substances that have been, or may be subsequently, recycled or reclaimed). See 40 CFR 82.3