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2010-09-23
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Protection of Stratospheric Ozone: Allocation of Essential-use Allowances for Calendar Year 2002; and Extension of the De Minimis Exemption for Essential Laboratory and Analytical Uses through Calendar Year 2005
Part IV
Rules and Regulations
D09002ee1bdf0e1dc
D09002ee1bdf0e2eb
United States
Environmental Protection Agency
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org
United States Government Agency or Subagency
With this action, EPA is allocating essential-use allowances for import and production of class I stratospheric ozone depleting substances (ODSs) for calendar year 2002. Essential-use allowances permit a person to obtain controlled class I ODSs as an exemption to the January 1, 1996 regulatory phase-out of production and import of these chemicals. EPA allocates essential-use allowances for exempted production or import of a specific quantity of class I ODS solely for the designated essential purpose. Today EPA is finalizing the proposed regulations published in the Federal Register on November 1, 2001. With this action, EPA is allocating essential-use allowances for production and import of class I ODSs for use in medical devices and the Space Shuttle and Titan Rockets, and extending the general exemption for class I ODSs for use in essential laboratory and analytical applications through the year 2005 as consistent with the Montreal Protocol. EPA is also finalizing regulatory changes to ensure consistency with Decisions XI/15 and XII/2 of the Montreal Protocol. Decision XI/15 states that use of class I ODS for the testing of ``oil and grease,'' and ``total petroleum hydrocarbons'' in water; testing of tar in road-paving materials; and forensic finger printing are not considered essential under the exemption for laboratory and analytical uses beginning January 1, 2002. Decision XII/2 states that any CFC MDIs approved after December 31, 2000, are not essential unless the product meets the criteria for essentiality set out in paragraph 1(a) of Decision IV/25. Decision XII/2 also authorizes Parties to the Montreal Protocol to allow transfers of CFCs produced with essential-use allowances among MDI companies. Finally, EPA is adding a regulatory language to clarify that clarifies that it is a violation of the CAA if unused class I ODS produced under the authority of essential-use allowances or the exemption for laboratory and analytical uses are used in applications other than the stated essential purposes.
67 FR 6352
https://www.govinfo.gov/app/details/FR-2002-02-11/02-3101
02-3101
fr11fe02-11
RIN 2060-AJ81
6560-50-U
FRL-7140-5
https://www.govinfo.gov/app/details/FR-2002-02-11/02-3101
https://www.govinfo.gov/content/pkg/FR-2002-02-11/html/02-3101.htm
https://www.govinfo.gov/content/pkg/FR-2002-02-11/pdf/02-3101.pdf
Environmental Protection
Administrative Practice and Procedure
Air Pollution Control
Chemicals
Exports
Imports
Reporting and Recordkeeping Requirements
11 p.
6352
6362
67 FR 6352
Code of Federal Regulations
Title 40 Part 82
40 CFR Part 82
Regulation Identification Number 2060-AJ81
RIN 2060-AJ81
Protection of Stratospheric Ozone: Allocation of Essential-use Allowances for Calendar Year 2002; and Extension of the De Minimis Exemption for Essential Laboratory and Analytical Uses through Calendar Year 2005; Federal Register Vol. 67, Issue
RULE
02-3101
IV
ENVIRONMENTAL PROTECTION AGENCY
2002-02-11
FRL-7140-5
6560-50-U
02-3101
Final rule.
With this action, EPA is allocating essential-use allowances for import and production of class I stratospheric ozone depleting substances (ODSs) for calendar year 2002. Essential-use allowances permit a person to obtain controlled class I ODSs as an exemption to the January 1, 1996 regulatory phase-out of production and import of these chemicals. EPA allocates essential-use allowances for exempted production or import of a specific quantity of class I ODS solely for the designated essential purpose. Today EPA is finalizing the proposed regulations published in the Federal Register on November 1, 2001. With this action, EPA is allocating essential-use allowances for production and import of class I ODSs for use in medical devices and the Space Shuttle and Titan Rockets, and extending the general exemption for class I ODSs for use in essential laboratory and analytical applications through the year 2005 as consistent with the Montreal Protocol. EPA is also finalizing regulatory changes to ensure consistency with Decisions XI/15 and XII/2 of the Montreal Protocol. Decision XI/15 states that use of class I ODS for the testing of ``oil and grease,'' and ``total petroleum hydrocarbons'' in water; testing of tar in road-paving materials; and forensic finger printing are not considered essential under the exemption for laboratory and analytical uses beginning January 1, 2002. Decision XII/2 states that any CFC MDIs approved after December 31, 2000, are not essential unless the product meets the criteria for essentiality set out in paragraph 1(a) of Decision IV/25. Decision XII/2 also authorizes Parties to the Montreal Protocol to allow transfers of CFCs produced with essential-use allowances among MDI companies. Finally, EPA is adding a regulatory language to clarify that clarifies that it is a violation of the CAA if unused class I ODS produced under the authority of essential-use allowances or the exemption for laboratory and analytical uses are used in applications other than the stated essential purposes.
This final rulemaking is effective February 11, 2002.
Erin Birgfeld, U.S. Environmental Protection Agency, Global Programs Division, Office of Atmospheric Programs, 6205J, 1200 Pennsylvania Avenue, Washington, DC 20460; 202- 564-9079; or birgfeld.erin@epa.gov.
Environmental Protection
Administrative Practice and Procedure
Air Pollution Control
Chemicals
Exports
Imports
Reporting and Recordkeeping Requirements
Air programs:
Stratospheric ozone protection
Essential use allowances allocation (2002 CY), and essential laboratory and analytical uses; de minimis exemption extension through 2005 CY,
birgfeld.erin@epa.gov
www.epa.gov/ost/methods/oil.html
www.epa.gov/ozone/mdi
Federal Register
Vol. 67, no. 28
Office of the Federal Register, National Archives and Records Administration
2002-02-11
continuing
daily
deposited
born digital
432 p.
Table of Contents:
AE 2.7:
GS 4.107:
AE 2.106:
KF70.A2
https://www.govinfo.gov/app/details/FR-2002-02-11
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https://www.govinfo.gov/app/details/FR-2002-02-11
https://www.govinfo.gov/content/pkg/FR-2002-02-11/pdf/FR-2002-02-11.pdf
https://www.govinfo.gov/content/pkg/FR-2002-02-11/xml/FR-2002-02-11.xml
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2010-09-23
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