(2) Petitioning -- importers of used, recycled, or reclaimed controlled substances. For each individual shipment over 5 pounds of a used controlled substance as defined in §82.3, except for Group II used controlled substances shipped in aircraft halon bottles for hydrostatic testing and imports intended for destruction, an importer must submit directly to the Administrator, at least 40 working days before the shipment is to leave the foreign port of export, the following information in a petition:
      (i) Name, commodity code, and quantity in kilograms of the used controlled substance to be imported;
      (ii) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number;
      (iii) Name, address, contact person, email address, and phone number of all previous source facilities from which the used controlled substance was recovered or the halon bank storing the controlled substance;
* * * * *
      (vi) Name, address, contact person, email address, and phone number of the exporter and of all persons to whom the material was transferred or sold after it was recovered from the source facility;
* * * * *
      (viii) A description of the intended use of the used controlled substance, and, when possible, the name, address, contact person, email address, and phone number of the ultimate purchaser in the United States;
      (ix) Name, address, contact person, email address, and phone number of the U.S. reclamation facility, where applicable;
      (x) If someone at the source facility recovered the controlled substance from the equipment, the name, email address, and phone number of that person;
      (xi) If the imported controlled substance was reclaimed in a foreign Party, the name, address, contact person, email address, and phone number of any or all foreign reclamation facility(ies) responsible for reclaiming the cited shipment;
      (xii) The export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export and, if recovered in another country, the export license or official communication from the appropriate government agency in that country, and quantity authorized for export in kilograms on the export license, and an English translation of these documents;
      (xiii) If the imported used controlled substance is intended to be sold as a refrigerant in the United States, the name, address, and email address of the EPA-certified U.S. reclaimer who will bring the material to the standard required under subpart F of this part if not already reclaimed to those specifications; and
* * * * *
      (xv) If the used controlled substance is stored in a halon bank, in lieu of the information required in paragraphs (g)(2)(iv) through (vi) of this section, the petitioner may provide an official letter from the appropriate government agency in the country where the material is stored indicating that the halon is used and that the halon bank is authorized to collect used halon. If source information in paragraphs (g)(2)(iv) through (vi) is available, it should also be provided in addition to the letter.
      (3) Review of petition to import a used substance. * * *
      (i) * * *
      (A) If the Administrator determines that the information is insufficient, that is, if the petition lacks or appears to lack any of the information required under paragraph (g)(2) of this section or other information that may be requested during the review of the petition necessary to verify that the controlled substance is used;
* * * * *
      (vii) A person receiving the non-objection notice is permitted to import the individual shipment only within one year of the date stamped on the non-objection notice.
* * * * *
      (4) Reporting requirements -- importers. * * *
      (xv) The amount of methyl bromide sold or transferred during the quarter to a person other than the importer solely for quarantine and preshipment applications;
      (xvi) A list of the quantities of methyl bromide exported by the importer and or by other U.S. companies, to a Party to the Protocol that will be used solely for quarantine and preshipment applications and therefore were not imported expending consumption allowances; and
      (xvii) For quarantine and preshipment applications of methyl bromide in the United States or by a person of another Party, one copy of a certification that the material will be used only for quarantine and preshipment applications in accordance with the definitions in this subpart from each recipient of the material and a list of additional quantities shipped to that same person for the quarter.
      (xviii) For critical uses of methyl bromide, importers shall report annually the amount of critical use methyl bromide owned by the reporting entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use, as well as quantities held by the reporting entity on behalf of another entity, specifying quantities dedicated for pre-plant use and quantities dedicated for post-harvest use along with the name of the entity on whose behalf the material is held.
* * * * *
      (5) Certification of intent to import for destruction. For each individual shipment of a class I controlled substance imported with the intent to destroy that substance, an importer must submit electronically to the Administrator, at least 30 working days before the shipment is to leave the foreign port of export, the following information:
      (i) Name, commodity code, and quantity in kilograms of each controlled substance to be imported;
      (ii) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number;
      (iii) Name and address of any intermediary who will aggregate controlled substances imported for destruction, and the contact person's name, email address, and phone number;
      (iv) The U.S. port of entry for the import, the expected date of shipment and the vessel transporting the material. If at the time of submitting the certification of intent to import for destruction the importer does not know the U.S. port of entry, the expected date of shipment and the vessel transporting the material, and the importer receives a non-objection notice for the individual shipment in the petition, the importer is required to notify the Administrator of this information prior to the entry of the individual shipment into the United States;
      (v) Name, address, contact person, email address, and phone number of the responsible party at the destruction facility;
      (vi) The export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export and, if recovered in another country, the export license or official communication from the appropriate government agency in that country, and quantity authorized for export in kilograms on the export license, and an English translation of these documents; and
      (vii) A certification of accuracy of the information submitted in the certification.
      (6) Destruction verification. For each individual shipment of a class I controlled substance imported with the intent to destroy that substance, an importer must submit to the Administrator a copy of the destruction verification within 30 days after destruction of the controlled substance(s).
      (7) Review of certification of intent to import for destruction. (i) Starting on the first working day following receipt by the Administrator of a certification of intent to import a class I controlled substance for destruction, the Administrator will initiate a review of the information submitted under paragraph (g)(5) of this section and take action within 30 working days to issue either an objection notice or a non-objection notice for the individual shipment to the person who submitted the certification of intent to import the class I controlled substance for destruction.
      (ii) The Administrator may issue an objection notice if the petition lacks or appears to lack any of the information required under paragraph (g)(5) of this section or for the reasons listed in paragraphs (g)(3)(i)(B) through (F) of this section.
      (iii) In cases where the Administrator does not object to the petition, the Administrator will issue a non-objection notice.
      (iv) To pass the approved class I controlled substances through U.S. Customs, the non-objection notice issued by EPA must accompany the shipment through U.S. Customs.
      (v) If for some reason, following EPA's issuance of a non-objection notice, new information is brought to EPA's attention which shows that the non-objection notice was issued based on false information, then EPA has the right to:
      (A) Revoke the non-objection notice;
      (B) Pursue all means to ensure that the class I controlled substance is not imported into the United States; and
      (C) Take appropriate enforcement actions.
      (8) Timing of import. A person receiving the non-objection notice is permitted to import the individual shipment only within one year of the date stamped on the non-objection notice.
      (9) Additional recordkeeping requirements -- importers of used, recycled, or reclaimed controlled substances. A person receiving a non-objection notice from the Administrator for a certification of intent to import class I controlled substances for destruction must maintain the following records:
      (i) A copy of the certificate of intent to import for destruction;
      (ii) The EPA non-objection notice;
      (iii) A copy of the export license, export license application, or official communication from the appropriate government agency in the country of export;
      (iv) U.S. Customs entry documents for the import that must include one of the commodity codes from appendix K to this subpart;
      (v) The date, amount, and type of controlled substance sent for destruction, per shipment;
      (vi) An invoice from the destruction facility verifying the shipment was received;
      (vii) A copy of the destruction verification from the destruction facility; and
      (viii) An English translation of the document in paragraph (g)(9)(iii) of this section.
      (10) Recordkeeping requirements-aggregators. A person identified in paragraph (g)(5)(iii) of this section as aggregating a controlled substance prior to destruction must:
      (i) Maintain transactional records that include the name and address of the entity from whom they received the controlled substance imported for destruction;
      (ii) Maintain transactional records that include the name and address of the entity to whom they sent the controlled substance imported for destruction;
      (iii) Maintain records that include the date and quantity of the imported controlled substance received for destruction;
      (iv) Maintain records that include the date and quantity of the imported controlled substance sent for destruction; and
      (v) If the person is the final aggregator of such a controlled substance before the material is destroyed, maintain a copy of the destruction verification.
      (h)  Reporting requirements -- exporters.
       (1) For any exports of class I controlled substances (except methyl bromide) not reported under paragraph (f)(3) of this section (reporting for producers of controlled substances), the exporter who exported a class I controlled substance (except methyl bromide) must submit to the Administrator the following information within 45 days after the end of the control period in which the unreported exports left the United States:
      * * * * *
      (ii) The exporter's Employer Identification Number;
      (iii) The type and quantity of each controlled substance exported including the quantity of controlled substance that is used, recycled, or reclaimed;
      * * * * *
      (2) For any exports of methyl bromide not reported under paragraph (f)(3) of this section (reporting for producers of controlled substances), the exporter who exported methyl bromide must submit to the Administrator the following information within 45 days after the end of each quarter in which the unreported exports left the United States:
      * * * * *
      (ii) The exporter's Employer Identification Number;
      (iii) The quantity of methyl bromide exported by use (transformation, destruction, critical use, or quarantine and preshipment);
      (iv) The date on which, and the port from which, the methyl bromide was exported from the United States or its territories;
      (v) The country to which the methyl bromide was exported;
* * * * *
      (viii) The invoice or sales agreement containing language similar to the Internal Revenue Service Certificate that the purchaser or recipient of imported methyl bromide intends to transform those substances, the destruction verifications (as in paragraph (k) of this section) showing that the purchaser or recipient intends to destroy the controlled substances, or the certification that the purchaser or recipient and the eventual applicator will only use the material for quarantine and preshipment applications in accordance with the definitions in this subpart.
* * * * *
      (v) Laboratory use exemption distributors. Any distributor of laboratory supplies who purchased controlled substances under the global essential laboratory and analytical use exemption must submit quarterly (except distributors following procedures in paragraph (x) of this section) the quantity of each controlled substance purchased by each laboratory customer or distributor whose certification was previously provided to the distributor pursuant to paragraph (w) of this section, the contact information for the source company from which material was purchased, and the laboratories to whom the material is sold.
      (w) Laboratory use exemption customers. * * *
      (2) The name, email address, and phone number of a contact person for the laboratory customer;
 * * * * *
      (y) Quarantine and preshipment methyl bromide distributors. Every distributor of methyl bromide who purchases or receives a quantity produced or imported for quarantine or preshipment applications under the exemptions in this subpart must comply with the following recordkeeping and reporting requirements:
      (1) Every distributor of quarantine and preshipment methyl bromide must certify to the producer, importer, or distributor from whom they purchased or received the controlled substance that quantities purchased or received will be sold only for quarantine applications or preshipment applications in accordance with the definitions in this subpart.
      (2) Every distributor of quarantine and preshipment methyl bromide must receive from an applicator, exporter, or distributor to whom they sell or deliver the controlled substance a certification, prior to delivery, stating that the quantity will be used or sold solely for quarantine applications or preshipment applications in accordance with definitions in this subpart.
      (3) Every distributor of quarantine and preshipment methyl bromide must maintain the certifications as records for 3 years.
      (4) Every distributor of quarantine and preshipment methyl bromide must report to the Administrator within 45 days after the end of each quarter, the total quantity delivered to applicators or end users for quarantine applications and preshipment applications in accordance with definitions in this subpart.
       (z) Quarantine and preshipment methyl bromide applicators. Every applicator of methyl bromide who purchases or receives a quantity produced or imported solely for quarantine or preshipment applications under the exemptions in this subpart must comply with the following recordkeeping and reporting requirements:
      (1) Recordkeeping. Every applicator of methyl bromide produced or imported for quarantine and preshipment applications under the exemptions of this subpart must maintain, for every application, a document from the commodity owner, shipper, or their agent requesting the use of methyl bromide citing the requirement that justifies its use in accordance with definitions in this subpart. These documents shall be retained for 3 years.
      (2) Reporting. Every applicator who purchases or receives methyl bromide that was produced or imported for quarantine and preshipment applications under the exemptions in this subpart shall provide the distributor of the methyl bromide, prior to shipment, with a certification that the methyl bromide will be used only for quarantine applications or preshipment applications as defined in this subpart.
      (aa) Quarantine and preshipment methyl bromide end user certification. Every commodity owner, shipper or their agent requesting an applicator to use methyl bromide that was produced or imported solely for quarantine and preshipment applications under the exemptions of this subpart must maintain a record for 3 years, for each request, certifying knowledge of the requirements associated with the exemption for quarantine and preshipment applications in this subpart and citing the requirement that justifies its use. The record must include the following statement: "I certify knowledge of the requirements associated with the exempted quarantine and preshipment applications published in 40 CFR part 82, including the requirement that this letter cite the treatments or official controls for quarantine applications or the official requirements for preshipment requirements."
* * * * *

8. Effective [insert date 30 days from date of publication in the Federal Register], add §82.14 to read as follows:
§82.14 Process for electronic reporting.
	(a) Starting [insert date 60 days from date of publication in the Federal Register], reports and petitions that are available to be submitted through the Central Data Exchange, as well as any related supporting documents, must be submitted through that tool.
      (b) Entities can register and access the Central Data Exchange as follows:
      (1) Go to EPA's Central Data Exchange website at https://cdx.epa.gov and follow the links for the submission of ozone-depleting substances.
      (2) Call EPA's Central Data Exchange Help Desk at 1-888-890-1995.
      (3) E-mail the EPA's Central Data Exchange Help Desk at<EMAIL_ADDRESS>

9. Amend §82.15 by:
a. Redesignating paragraphs (g)(5) and (6) as (g)(6) and (7), respectively; and
b. Adding new paragraph (g)(5).
The addition reads as follows:
§82.15 Prohibitions for class II controlled substances.
       * * * * *
      (g) * * *
      (5)(i) Effective January 1, 2020, no person may introduce into interstate commerce or use HCFC-123 or HCFC-124 (unless used, recovered and recycled) 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 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 and only to the extent permitted under paragraph (g)(5)(ii) of this section; for export to Article 5 Parties under §82.18(a); as a transhipment or heel; or for exemptions permitted under paragraph (f) of this section.
      (ii) HCFC-123 that was produced or imported on or after January 1, 2020 may be used as a fire suppression streaming agent only to service equipment manufactured before January 1, 2020. HCFC-123 that was produced or imported prior to January 1, 2020 (or used, recovered and recycled) may be used as a fire suppression streaming agent in equipment manufactured before, on, or after January 1, 2020.
      (iii) Notwithstanding the prohibition on use in paragraph (g)(5)(i) of this section, the use of HCFC-123 as a refrigerant in equipment manufactured on or after January 1, 2020 but before January 1, 2021 is permitted if the conditions of this paragraph (g)(5)(iii) are met. The HCFC-123 must be in the possession of an entity that will complete the manufacture of the appliance and imported prior to January 1, 2020. The appliance components must be ready for shipment to a construction location prior to July 24, 2019 and be specified in a building permit or a contract dated before July 24, 2019 for use on a particular project. All HCFC-123 used to service such appliances on or after January 1, 2021 must be used, recovered, or recycled.
* * * * *

10. Effective [insert date 30 days from date of publication in the Federal Register], amend §82.15 by
 adding paragraphs (b)(3) and (g)(8)
 to read as follows:
§82.15 Prohibitions for class II controlled substances.
      * * * * *
      (b) * * *
      (3) No person may import for purposes of destruction, at any time in any control period, a class II controlled substance for which EPA has apportioned baseline production and consumption allowances, without having submitted a certification of intent to import for destruction to the Administrator and received a non-objection notice in accordance with §82.24(c)(6). A person issued a non-objection notice for the import of an individual shipment of class II controlled substances for destruction may not transfer or confer the right to import and may not import any more than the exact quantity (in kilograms) of the class II controlled substance stated in the non-objection notice. For imports intended to be destroyed in the United States, a person issued a non-objection notice must destroy the controlled substance within one year of the date stamped on the non-objection letter, may not transfer or confer the right to import, and may not import any more than the exact quantity (in kilograms) of the class II controlled substance stated in the non-objection notice. Every kilogram of import of class II controlled substance in excess of the quantity stated in the non-objection notice issued by the Administrator in accordance with §82.24(c)(6) constitutes a separate violation of this subpart.
      * * * * *
      (g) * * *
 	(8) No person may sell or distribute, or offer for sale or distribution, any class II substance that they know, or have reason to know, was imported in violation of this section, except for such actions needed to re-export the controlled substance. Every kilogram of a controlled substance imported in contravention of this paragraph (g)(8) that is sold or distributed, or offered for sale or distribution, constitutes a separate violation of this subpart.

11. Amend §82.16 by
 removing the heading from paragraph (a) and revising paragraphs (a)(1) and
 (e)
 to read as follows:
§ 82.16 Phaseout schedule of class II controlled substances.
    	(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
      * * * * *
      (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).
* * * * *

12. Effective [insert date 30 days from date of publication in the Federal Register], amend §82.23 by:
a. Removing and reserving paragraph (a)(i)(F); and
b. Adding paragraphs (b)(1)(i) and (ii).
The additions read as follows:
§82.23 Transfers of allowances of class II controlled substances.
* * * * *
	(b) * * *
	(1) * * *
      (i) A person (transferor) may only convert allowances for one class II controlled substance for which EPA has issued allowances under §82.16 to another class II controlled substance for which EPA has issued allowances under §82.16.
      (ii) [Reserved]
* * * * *

13. Effective [insert date 30 days from date of publication in the Federal Register], amend §82.24 by:
a. Revising paragraph (a)(1);
b. Removing and reserving paragraph (b)(1)(iv);
c. In paragraph (b)(1)(viii), adding "and" at the end of the paragraph;
d. Removing and reserving paragraph (b)(1)(ix);

e. In paragraph (b)(1)(x), removing "; and" and adding a period in its place;
f. Removing paragraph (b)(1)(xi);
g. Revising paragraph (b)(2)(iv);
h. In paragraph (b)(2)(xi), adding "and" at the end of the paragraph;
i. Removing and reserving paragraph (b)(2)(xii);
j. In paragraph (b)(2)(xiii), removing the semicolon and adding a period in its place;
k. Removing paragraph (b)(2)(xiv);
l. Removing and reserving paragraph (c)(1)(vi);
m. Removing paragraphs (c)(1)(x) and (xi);
n. In paragraph (c)(2)(xiv), add "and" at the end of the paragraph;
o. Removing paragraph (c)(2)(xvi);
p. Revising paragraphs (c)(3)(i) through (iii), (vi), and (viii) through (xiii), (c)(4)(i)(A)

, and (c)(4)(vii);
q. Adding paragraphs (c)(6) through (11);
r. Revising paragraphs (d)(1) introductory text and (d)(1)(iii);
s. Removing and reserving paragraph (d)(2); and
t. Removing paragraph (g)
.
The revisions and additions read as follows:
§82.24   Recordkeeping and reporting requirements for class II controlled substances.
      (a) * * *
      (1) Reports required by this section must be submitted to the Administrator within 45 days of the end of the applicable reporting period, unless otherwise specified. Starting [insert date 60 days from date of publication in the Federal Register], reports that are available for submission through the Central Data Exchange must be submitted electronically through that tool.
* * * * *
      (b) * * *
      (2) * * *
      (iv) Dated records of the quantity (in kilograms) of class II controlled substances produced with Article 5 allowances;
* * * * *
      (c) * * *
      (3) * * *
      (i) The name, commodity code and quantity (in kilograms) of the used class II controlled substance to be imported;
      (ii) The name and address of the importer, the importer ID number, the contact person, email address, and phone number;
      (iii) Name, address, contact person, email address, and phone number of all previous source facilities from which the used class II controlled substance was recovered;
* * * * *
      (vi) Name, address, contact person, email address, and phone number of the exporter and of all persons to whom the material was transferred or sold after it was recovered from the source facility;
* * * * *
      (viii) A description of the intended use of the used class II controlled substance, and, when possible, the name, address, contact person, email address, and phone number of the ultimate purchaser in the United States;
      (ix) The name, address, contact person, email address, and phone number of the U.S. reclamation facility, where applicable;
      (x) If someone at the source facility recovered the class II controlled substance from the equipment, the name, email address, and phone number of that person;
      (xi) If the imported class II controlled substance was reclaimed in a foreign Party, the name, address, contact person, email address, and phone number of any or all foreign reclamation facility(ies) responsible for reclaiming the cited shipment;
      (xii) The export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export and, if recovered in another country, the export license or official communication from the appropriate government agency in that country, and quantity authorized for export in kilograms on the export license, and an English translation of these documents;
      (xiii) If the imported used class II controlled substance is intended to be sold as a refrigerant in the United States, the name, address, and email address of the EPA-certified U.S. reclaimer who will bring the material to the standard required under subpart F of this part, if not already reclaimed to those specifications; and
* * * * *
      (4) * * *
      (i) * * *
      (A) If the Administrator determines that the information is insufficient, that is, if the petition lacks or appears to lack any of the information required under paragraph (c)(3) of this section or other information that may be requested during the review of the petition necessary to verify that the controlled substance is used;
* * * * *
      (vii) A person receiving the non-objection notice is permitted to import the individual shipment only within one year of the date stamped on the non-objection notice.
* * * * *
      (6) Certification of intent to import for destruction. For each individual shipment of a class II controlled substance imported with the intent to destroy that substance, an importer must submit electronically to the Administrator, at least 30 working days before the shipment is to leave the foreign port of export, the following information:
      (i) Name, commodity code, and quantity in kilograms of each controlled substance to be imported;
      (ii) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number;
      (iii) Name and address of any intermediary who aggregates controlled substances imported for destruction, and the contact person's name, email address, and phone number;
      (iv) The U.S. port of entry for the import, the expected date of shipment and the vessel transporting the material. If at the time of submitting the certification of intent to import for destruction the importer does not know the U.S. port of entry, the expected date of shipment and the vessel transporting the material, and the importer receives a non-objection notice for the individual shipment in the petition, the importer is required to notify the Administrator of this information prior to the entry of the individual shipment into the United States;
      (v) Name, address, contact person, email address, and phone number of the responsible party at the destruction facility;
      (vi) The export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export and, if recovered in another country, the export license or official communication from the appropriate government agency in that country, and quantity authorized for export in kilograms on the export license, and an English translation of these documents; and
      (vii) A certification of accuracy of the information submitted in the certification.
      (7) Destruction verification. For each individual shipment of a class II controlled substance imported with the intent to destroy that substance, an importer must submit to the Administrator a copy of the destruction verification within 30 days after destruction of the controlled substance(s).
      (8) Review of certification of intent to import for destruction. (i) Starting on the first working day following receipt by the Administrator of a certification of intent to import a class II controlled substance for destruction, the Administrator will initiate a review of the information submitted under paragraph (c)(6) of this section and take action within 30 working days to issue either an objection notice or a non-objection notice for the individual shipment to the person who submitted the certification of intent to import the class II controlled substance for destruction.
      (ii) The Administrator may issue an objection notice if the petition lacks or appears to lack any of the information required under paragraph (c)(6) of this section or for the reasons listed in paragraphs (c)(4)(i)(B) through (E) of this section.
      (iii) In cases where the Administrator does not object to the petition, the Administrator will issue a non-objection notice.
      (iv) To pass the approved class II controlled substances through U.S. Customs, the non-objection notice issued by EPA must accompany the shipment through U.S. Customs.
      (v) If for some reason, following EPA's issuance of a non-objection notice, new information is brought to EPA's attention which shows that the non-objection notice was issued based on false information, then EPA has the right to:
      (A) Revoke the non-objection notice;
      (B) Pursue all means to ensure that the class II controlled substance is not imported into the United States; and
      (C) Take appropriate enforcement actions.
      (9) Timing of import. A person receiving the non-objection notice is permitted to import the individual shipment only within one year of the date stamped on the non-objection notice.
      (10) Additional recordkeeping requirements -- importers of used, recycled, or reclaimed controlled substances. A person receiving a non-objection notice from the Administrator for a certification of intent to import class II controlled substances for destruction must maintain the following records:
      (i) A copy of the certificate of intent to import for destruction;
      (ii) The EPA non-objection notice;
      (iii) A copy of the export license, export license application, or official communication from the appropriate government agency in the country of export;
      (iv) U.S. Customs entry documents for the import that must include one of the commodity codes from appendix K to this subpart;
      (v) The date, amount, and type of controlled substance sent for destruction, per shipment;
      (vi) An invoice from the destruction facility verifying the shipment was received;
	(vii) A copy of the destruction verification from the destruction facility; and
      (viii) An English translation of the document in paragraph (c)(10)(iii) of this section.
      (11) Recordkeeping requirements-aggregators. A person identified in paragraph (c)(6)(iii) of this section as aggregating a controlled substance prior to destruction must:
      (i) Maintain transactional records that include the name and address of the entity from whom they received the controlled substance imported for destruction;
      (ii) Maintain transactional records that include the name and address of the entity to whom they sent the controlled substance imported for destruction;
      (iii) Maintain records that include the date and quantity of the imported controlled substance received for destruction;
      (iv) Maintain records that include the date and quantity of the imported controlled substance sent for destruction; and
      (v) If the person is the final aggregator of such a controlled substance before the material is destroyed, maintain a copy of the destruction verification.
      (d) * * *
	(1) Reporting requirements -- exporters. For any exports of class II controlled substances not reported under paragraph (b)(2) of this section (reporting for producers of class II controlled substances), each exporter who exported a class II controlled substance must submit to the Administrator the following information within 30 days after the end of each quarter in which the unreported exports left the United States:
* * *
	(iii) The type and quantity of each class II controlled substance exported, including the quantity of controlled substance that is used, reclaimed, or recycled;
* * * * *

14. Effective [insert date 30 days from date of publication in the Federal Register], revise appendix K to subpart A to read as follows:
Appendix K to Subpart A of Part 82 -- Commodity Codes from the Harmonized Tariff Schedule for Controlled Substances and Used Controlled Substances
                     Description of commodity or chemical
                Commodity code from harmonized tariff schedule
Class II:

HCFC-22 (Chlorodifluoromethane)
                                                                   2903.71.0000
HCFC-123 (Dichlorotrifluoroethane)
                                                                   2903.72.0020
HCFC-124 (Monochlorotetrafluoroethane)
                                                                   2903.79.1000
HCFC-141b (Dichlorofluoroethane)
                                                                   2903.73.0000
HCFC-142b (Chlorodifluoroethane)
                                                                   2903.74.0000
HCFC-225ca, HCFC-225cb (Dichloropentafluoropropanes)
                                                                   2903.75.0000
HCFC-21, HCFC-31, HCFC-133, and other HCFCs
                                                                   2903.79.9070
HCFC Mixtures (R-401A, R-402A, etc.)
                                                                   3824.74.0000
Class I:

CFC-11 (Trichlorofluoromethane)
                                                                   2903.77.0010
CFC-12 (Dichlorodifluoromethane)
                                                                   2903.77.0050
CFC-113 (Trichlorotrifluoroethane)
                                                                   2903.77.0020
CFC-114 (Dichlorotetrafluoroethane)
                                                                   2903.77.0030
CFC-115 (Monochloropentafluoroethane)
                                                                   2903.77.0040
    CFC-13, CFC-111, CFC-112, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, CFC-217, and other CFCs
                                                                   2903.77.0080
CFC Mixtures (R-500, R-502, etc.)
                                                                   3824.71.0100
Carbon Tetrachloride
                                                                   2903.14.0000
Halon 1301 (Bromotrifluoromethane)
                                                                   2903.76.0010
Halon, other
                                                                   2903.76.0050
Methyl Bromide
                                                                   2903.39.1520
Methyl Chloroform
                                                                   2903.19.6010

15. Effective [insert date 30 days from date of publication in the Federal Register], amend §82.62 by adding, in alphabetical order, the definition for "Polyurethane Foam System" to read as follows:
§82.62   Definitions.
* * * * *
Polyurethane Foam System means an item consisting of two transfer pumps that deliver ingredients (polyisocyanate or isocyanate from one side and a mixture including the blowing agent, catalysts, flame retardants, and/or stabilizers from the other side) to a metering/mixing device which allows the components to be delivered in the appropriate proportions.
* * * * *

16. Effective [insert date 30 days from date of publication in the Federal Register], amend §82.64 by adding paragraph (h) to read as follows:
§82.64 Prohibitions.
* * * * *
	(h) No person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products identified as being nonessential in §82.66(f).

17. Effective [insert date 30 days from date of publication in the Federal Register], amend §82.66 by:
a. Revising paragraphs (d)(2)(vi) and (e); and
b. Adding paragraph (f).
The revisions and addition read as follows:
§82.66 Nonessential Class I products and exceptions.
* * * * *
	(d)***
	(2) ***
      (vi) Document preservation sprays which contain CFC-113 as a solvent, but which contain no other CFCs, and/or document preservation sprays which contain CFC-12 as a propellant, but which contain no other CFCs, and which are used solely on thick books, books with coated or dense paper and tightly bound documents;
      (e) Any air-conditioning or refrigeration appliance as defined in the Clean Air Act (CAA) 601(1) that contains a Class I substance used as a refrigerant; and
      (f) Any polyurethane foam system that contains any CFC.

18. Effective [insert date 30 days from date of publication in the Federal Register], amend §82.104 by revising paragraphs (c) and (h) to read as follows:
§82.104 Definitions.
* * * * *
      (c) Completely destroy means to cause the destruction of a controlled substance by one of the destruction processes approved by the Parties and listed in §82.3 at a demonstrable destruction efficiency of 98 percent or more or a greater destruction efficiency if required under other applicable Federal regulations.
* * * * *
      (h) Destruction means the expiration of a controlled substance to the destruction efficiency actually achieved, unless considered completely destroyed as defined in this section. Such destruction might result in a commercially useful end product but such usefulness would be secondary to the act of destruction. Destruction must be achieved using one of the controlled processes approved by the Parties and listed in the definition of destruction in §82.3.
* * * * *

19. Effective [insert date 30 days from date of publication in the Federal Register], amend §82.106 by revising paragraph (a) to read as follows:
§82.106   Warning statement requirements.

      (a) Required warning statements. (1) Unless otherwise exempted by this subpart, each container or product identified in §82.102(a) or (b) shall bear the following warning statement, meeting the requirements of this subpart for placement and form:
      WARNING: Contains [or Manufactured with, if applicable] [insert name of substance], a substance which harms public health and environment by destroying ozone in the upper atmosphere.
      (2) Each container of fire suppression agent containing HCFC-123 produced or imported on or after January 1, 2020 shall bear the following warning statement, meeting the requirements of this subpart for placement and form:
      WARNING: Contains [insert name of substance], a substance which harms public health and environment by destroying ozone in the upper atmosphere. Use Only for Recharge of Equipment Manufactured before January 1, 2020.
      (3) Each container of fire suppression agent containing reclaimed HCFC-123 or HCFC-123 that was imported prior to January 1, 2020, shall bear the following warning statement, meeting the requirements of this subpart for placement and form:
      WARNING: Contains [insert name of substance], a substance which harms public health and environment by destroying ozone in the upper atmosphere. For use in any equipment.
* * * * *

20. Effective [insert date 30 days from date of publication in the Federal Register], amend §82.270 by revising paragraph (e) to read as follows:
§82.270 Prohibitions.
* * * * *
      (e) No person shall dispose of halon except by sending it for recycling to a recycler operating in accordance with NFPA 10 and NFPA 12A standards, or by arranging for its destruction using one of the controlled processes approved by the Parties and listed in the definition of destruction in §82.3.
* * * * *


[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Rules and Regulations]
[Pages 25598-25599]
[FR Doc No: 2015-10430]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0351]

Drawbridge Operation Regulation; Lewis and Clark River, Astoria,
OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of canceling temporary deviation from drawbridge
regulation.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is canceling the temporary deviation
concerning the operating schedule that governs the Oregon State (Lewis
and Clark River) Highway Bridge across the Lewis and Clark River, mile
1.0, at Astoria, OR. The deviation needs to be canceled due to contract
agreements with the Oregon Department of Transportation (ODOT) and the
bridge construction company. Weekend work dates have been changed.

DATES: The temporary deviation published on April 28, 2015, at 80 FR
23445, is cancelled as of April 28, 2015.

ADDRESSES: The docket for this deviation, [USCG-2015-0351] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m.,

Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
cancelation, call or email Steven M. Fischer, Thirteenth Coast Guard
District Bridge Program Administrator, telephone<PHONE_NUMBER>, email
d13-pf-d13bridgesuscg.mil. If you have questions on viewing the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION:

A. Basis and Purpose

    On April 28, 2015, we published a temporary deviation entitled
``Drawbridge Operation Regulation; Lewis and Clark River, Astoria, OR''
in the Federal Register (80 FR 23445). The temporary deviation
concerned the operating schedule of the Oregon State (Lewis and Clark)
highway bridge. This deviation allowed the bascule span to remain in
the closed-to-navigation position to accommodate bridge maintenance
activities on the bridge, and need not open to maritime traffic. This
deviation from the operating regulations was authorized under 33 CFR
117.35.

B. Cancellation

    ODOT made a contract agreement after the requested temporary
deviation was approved. At the time of the initial request submitted by
the ODOT Project Manager, the bridge construction crew was planning to
work Monday through Friday. However, on April 10, 2015, ODOT and the
construction company changed the working days to Tuesday through
Saturday. ODOT noticed the discrepancy after reviewing the approval
letter. As a result of this discrepancy, the times listed in the
approved temporary deviation are incorrect.

    Dated: April 29, 2015.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2015-10430 Filed 5-4-15; 8:45 am]
 BILLING CODE 9110-04-P