40 Protection of Environment 17 2009-07-01 2009-07-01 false Grant of essential use allowances and critical use allowances. 82.8 Section 82.8 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) PROTECTION OF STRATOSPHERIC OZONE Production and Consumption Controls
§ 82.8 Grant of essential use allowances and critical use allowances.

(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 2009 Company Chemical 2009 quantity
  • (metric tons)
    •      (i) Metered Dose Inhalers (for oral inhalation) for Treatment of Asthma and Chronic Obstructive Pulmonary Disease Armstrong CFC-11 or CFC-12 or CFC-114 63.0

    (b) A global exemption for class I controlled substances for essential laboratory and analytical uses shall be in effect through December 31, 2011, subject to the restrictions in appendix G of this subpart, and subject to the record-keeping 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. Effective January 1, 2005, critical stock allowances are issued as set forth in paragraph (c)(2) of this section for the sale of class I, Group VI controlled substances from inventory produced or imported before the January 1, 2005 phaseout date specifically for those approved critical uses listed in appendix L to this subpart for the applicable control period.

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

    Company 2009 critical use
  • allowances for
  • pre-plant uses*
  • (kilograms)
    •  2009 critical use
  • allowances for
  • post-harvest uses*
  • (kilograms)
    •      Great Lakes Chemical Corp. A Chemtura Company 1,249,703 133,249 Albemarle Corp 513,906 54,795 ICL-IP America 283,995 30,281 TriCal, Inc 8,843 943 Total** 2,056,448 219,267 * 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. ** Due to rounding, numbers do not add exactly.

    (2) Allocated critical stock allowances granted for specified control period. The following companies are allocated critical stock allowances for 2009 on a pro-rata basis in relation to the inventory held by each.

    Company Albemarle. Bill Clark Pest Control, Inc. Burnside Services, Inc. Cardinal Professional Products. Chemtura Corp. Degesch America, Inc. Helena Chemical Co. Hendrix & Dail. Hy Yield Bromine. ICL-IP America. Industrial Fumigation Company. Pacific Ag. Pest Fog Sales Corp. Prosource One. Reddick Fumigants. Royster-Clark, Inc. Trical Inc. Trident Agricultural Products. UAP Southeast (NC). UAP Southeast (SC). Univar. Western Fumigation. Total—1,919,193 kilograms. [69 FR 77003, Dec. 23, 2004, as amended at 70 FR 49844, Aug. 24, 2005; 70 FR 73614, Dec. 13, 2005; 70 FR 77052, Dec. 29, 2005; 71 FR 6005, Feb. 6, 2006; 71 FR 25078, Apr. 28, 2006; 71 FR 58514, Oct. 4, 2006; 71 FR 75403, Dec. 14, 2006; 72 FR 32222, June 12, 2007; 72 FR 73268, Dec. 27, 2007; 72 FR 74146, Dec. 28, 2007; 73 FR 33013, June 11, 2008; 74 FR 19897, Apr. 30, 2009; 74 FR 29957, June 24, 2009]