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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 21:21:1.0.1.1.31.1.98.1 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | A | Subpart A—General Provisions | § 82.3 Definitions. | FDA | For the purposes of this part: (a)-(f) [Reserved] (g) The term alumina means a suspension in water of precipitated aluminum hydroxide. (h) The term blanc fixe means a suspension in water of precipitated barium sulfate. (i) The term gloss white means a suspension in water of co-precipitated aluminum hydroxide and barium sulfate. (j) The term mixed oxides means the sum of the quantities of aluminum, iron, calcium, and magnesium (in whatever combination they may exist in a coal-tar color) calculated as aluminum trioxide, ferric oxide, calcium oxide, and magnesium oxide. (k)-(m) [Reserved] (n) The term externally applied drugs and cosmetics means drugs and cosmetics which are applied only to external parts of the body and not to the lips or any body surface covered by mucous membrane. (o)-(p) [Reserved] (q) The definitions and interpretations of terms contained in section 201 of the Federal Food, Drug, and Cosmetic Act shall be applicable also to such terms when used in this part. | ||||
| 21:21:1.0.1.1.31.1.98.2 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | A | Subpart A—General Provisions | § 82.5 General specifications for straight colors. | FDA | No batch of a straight color listed in subpart B, C, or D shall be certified under this part unless: (a) It is free from all impurities (other than those named in paragraph (b) of this section or in the specifications set forth in such paragraph for such color) to the extent that such impurities can be avoided by good manufacturing practice. (b) It conforms to the following specifications: (1) In the case of a straight color listed in subpart B: (i) Lead (as Pb), not more than 0.001 percent. (ii) Arsenic (as As 2 O 3 ), not more than 0.00014 percent. (iii) Heavy metals (except Pb and As) (by precipitation as sulfides), not more than trace. (2) In the case of a straight color listed in subpart C or D: (i) Lead (as Pb), not more than 0.002 percent. (ii) Arsenic (as As 2 O 3 ), not more than 0.0002 percent. (iii) Heavy metals (except Pb and As) (by precipitation as sulfides), not more than 0.003 percent. (3) In the case of a straight color which contains a barium salt listed in subpart C or D—soluble barium (in dilute HCl) (as BaCl 2 ), not more than 0.05 percent. | ||||
| 21:21:1.0.1.1.31.1.98.3 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | A | Subpart A—General Provisions | § 82.6 Certifiable mixtures. | FDA | (a) A batch of a mixture which contains no straight color listed in subpart C or D may be certified for use in food, drugs and cosmetics, if: (1) Each coal-tar color used as an ingredient in mixing such batch is from a previously certified batch and such color has not changed in composition in any manner whatever since such previous certification, except by mixing into such batch of mixture; (2) Each diluent in such batch of mixture is harmless and suitable for use therein; and (3) No diluent (except resins, natural gum, pectin and, in the case of mixtures which are aqueous solutions or aqueous pastes, sodium benzoate in a quantity of not more than 1/10 of 1 percent) in such mixture is a nonnutritive substance, unless such mixture is for external application to shell eggs, or for use in coloring a food specified in the requests for certification of such batch submitted in accordance with § 80.21 of this chapter, and such diluent, in the usual process of manufacturing such food, is removed and does not become a component of such food. (b) A batch of a mixture which contains no straight color listed in subpart D, or which contains a diluent not permitted by paragraph (a)(3) of this section, may be certified in accordance with the provisions of this part, for use only in drugs and cosmetics, if: (1) Each coal-tar color used as an ingredient in mixing such batch is from a previously certified batch and such color has not changed in composition in any manner whatever since such previous certification, except by mixing into such batch of mixture. (2) Each diluent in such batch of mixture is harmless and suitable for use therein. (c) A batch of a mixture which contains a straight color listed in subpart D may be certified in accordance with the provisions of this part, for use only in externally applied drugs and cosmetics, if: (1) Each coal-tar color used as an ingredient in mixing such batch is from a previously certified batch and such color has not changed in composition in any manner whatever since such … | ||||
| 21:21:1.0.1.1.31.2.98.1 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | B | Subpart B—Foods, Drugs, and Cosmetics | § 82.50 General. | FDA | A batch of a straight color listed in this subpart may be certified, in accordance with the provisions of the regulations in this part, for use in food, drugs, and cosmetics, if such batch conforms to the requirements of § 82.5 and to the specifications in this subpart set forth for such color. | ||||
| 21:21:1.0.1.1.31.2.98.2 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | B | Subpart B—Foods, Drugs, and Cosmetics | § 82.51 Lakes (FD&C). | FDA | (a)(1) General. Any lake made by extending on a substratum of alumina, a salt prepared from one of the certified water-soluble straight colors hereinbefore listed in this subpart by combining such color with the basic radical aluminum or calcium. (2) Specifications. Prepared from previously certified colors listed in this subpart. Soluble chlorides and sulfates (as sodium salts), not more than 2.0 percent. Inorganic matter, insoluble HCl, not more than 0.5 percent. Soluble chlorides and sulfates (as sodium salts), not more than 2.0 percent. Inorganic matter, insoluble HCl, not more than 0.5 percent. (b) Each lake made as prescribed in paragraph (a) of this section shall be considered to be a straight color and to be listed therein under the name which is formed as follows: (1) The listed name of the color from which the lake is prepared; (2) The name of the basic radical combined in such color; and (3) The word “Lake”. (For example, the name of a lake prepared by extending the aluminum salt prepared from FD&C Blue No. 1 upon the substratum would be FD&C Blue No. 1—Aluminum Lake.) | ||||
| 21:21:1.0.1.1.31.2.98.3 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | B | Subpart B—Foods, Drugs, and Cosmetics | § 82.101 FD&C Blue No. 1. | FDA | The color additive FD&C Blue No. 1 shall conform in identity and specifications to the requirements of § 74.101(a)(1) and (b) of this chapter. | ||||
| 21:21:1.0.1.1.31.2.98.4 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | B | Subpart B—Foods, Drugs, and Cosmetics | § 82.102 FD&C Blue No. 2. | FDA | [48 FR 5261, Feb. 4, 1983] | The color additive FD&C Blue No. 2 shall conform in identity and specifications to the requirements of § 74.102(a)(1) and (b) of this chapter. | |||
| 21:21:1.0.1.1.31.2.98.5 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | B | Subpart B—Foods, Drugs, and Cosmetics | § 82.203 FD&C Green No. 3. | FDA | [47 FR 52144, Nov. 19, 1982] | The color additive FD&C Green No. 3 shall conform in identity and specifications to the requirements of § 74.203(a)(1) and (b) of this chapter. | |||
| 21:21:1.0.1.1.31.2.98.6 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | B | Subpart B—Foods, Drugs, and Cosmetics | § 82.304 FD&C Red No. 4. | FDA | The color additive FD&C Red No. 4 shall conform in identity and specifications to the requirements of § 74.1304(a)(1) and (b) of this chapter. FD&C Red No. 4 is restricted to use in externally applied drugs and cosmetics. | ||||
| 21:21:1.0.1.1.31.2.98.7 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | B | Subpart B—Foods, Drugs, and Cosmetics | § 82.705 FD&C Yellow No. 5. | FDA | [51 FR 24519, July 7, 1986] | The color additive FD&C Yellow No. 5 shall conform in identity and specifications to the requirements of § 74.705 (a)(1) and (b) of this chapter. | |||
| 21:21:1.0.1.1.31.2.98.8 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | B | Subpart B—Foods, Drugs, and Cosmetics | § 82.706 FD&C Yellow No. 6. | FDA | [52 FR 21509, June 8, 1987] | (a) The color additive FD&C Yellow No. 6 shall conform in identity and specifications to the requirements of § 74.706 (a)(1) and (b) of this chapter. (b) All lakes including current D&C external and D&C lakes of FD&C Yellow No. 6 shall be manufactured from previously certified batches of the straight color additive. | |||
| 21:21:1.0.1.1.31.3.98.1 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1050 General. | FDA | A batch of a straight color listed in this subpart may be certified, in accordance with the provisions of this part, for use only in drugs and cosmetics, if such batch conforms to the requirements of § 82.5 and to the specifications set forth in this subpart for such color. | ||||
| 21:21:1.0.1.1.31.3.98.10 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1306 D&C Red No. 6. | FDA | [47 FR 57691, Dec. 28, 1982] | (a) The color additive D&C Red No. 6 shall conform in identity and specifications to the requirements of § 74.1306 (a)(1) and (b) of this chapter. (b) The color additive D&C Red No. 6 may be safely used for coloring drugs such that the combined total of D&C Red No. 6 and D&C Red No. 7 does not exceed 5 milligrams per daily dose of the drug. | |||
| 21:21:1.0.1.1.31.3.98.11 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1307 D&C Red No. 7. | FDA | [47 FR 57691, Dec. 28, 1982] | (a) The color additive D&C Red No. 7 shall conform in identity and specifications to the requirements of § 74.1307 (a)(1) and (b) of this chapter. (b) The color additive D&C Red No. 7 may be safely used for coloring drugs such that the combined total of D&C Red No. 6 and D&C Red No. 7 does not exceed 5 milligrams per daily dose of the drug. | |||
| 21:21:1.0.1.1.31.3.98.12 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1317 D&C Red No. 17. | FDA | The color additive D&C Red No. 17 shall conform in identity and specifications to the requirements of § 74.1317 (a)(1) and (b) of this chapter. D&C Red No. 17 is restricted to use in externally applied drugs and cosmetics. | ||||
| 21:21:1.0.1.1.31.3.98.13 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1321 D&C Red No. 21. | FDA | [47 FR 53847, Nov. 30, 1982] | The color additive D&C Red No. 21 shall conform in identity and specifications to the requirements of § 74.1321 (a)(1) and (b) of this chapter. | |||
| 21:21:1.0.1.1.31.3.98.14 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1322 D&C Red No. 22. | FDA | [47 FR 53847, Nov. 30, 1982] | The color additive D&C Red No. 22 shall conform in identity and specifications to the requirements of § 74.1322 (a)(1) and (b) of this chapter. | |||
| 21:21:1.0.1.1.31.3.98.15 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1327 D&C Red No. 27. | FDA | [47 FR 42568, Sept. 28, 1982] | The color additive D&C Red No. 27 shall conform in identity and specifications to the requirements of § 74.1327 (a)(1) and (b) of this chapter. | |||
| 21:21:1.0.1.1.31.3.98.16 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1328 D&C Red No. 28. | FDA | [47 FR 42568, Sept. 28, 1982] | The color additive D&C Red No. 28 shall conform in identity and specifications to the requirements of § 74.1328 (a)(1) and (b) of this chapter. | |||
| 21:21:1.0.1.1.31.3.98.17 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1330 D&C Red No. 30. | FDA | [47 FR 22511, May 25, 1982] | The color additive D&C Red No. 30 shall conform in identity and specifications to the requirements of § 74.1330 (a)(1) and (b) of this chapter. | |||
| 21:21:1.0.1.1.31.3.98.18 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1331 D&C Red No. 31. | FDA | The color additive D&C Red No. 31 shall conform in identity and specifications to the requirements of § 74.1331(a)(1) and (b) of this chapter. D&C Red No. 31 is restricted to use in externally applied drugs and cosmetics. | ||||
| 21:21:1.0.1.1.31.3.98.19 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1333 D&C Red No. 33. | FDA | [53 FR 33121, Aug. 30, 1988] | (a) The color additive D&C Red. No. 33 shall conform in identity and specifications to the requirements of § 74.1333(a) (1) and (b) of this chapter. (b) All lakes of D&C Red. No. 33 shall be manufactured from previously certified batches of the straight color additive. | |||
| 21:21:1.0.1.1.31.3.98.2 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1051 Lakes (D&C). | FDA | (a)(1) General. Any lake, other than those listed in subpart B, made by extending on a substratum of alumina, blanc fixe, gloss white, clay, titanium dioxide, zinc oxide, talc, rosin, aluminum benzoate, calcium carbonate, or any combination of two or more of these, (i) one of the straight colors (except lakes) listed in subpart B or hereinbefore listed in this subpart, which color is a salt in which is combined the basic radical sodium, potassium, aluminum, barium, calcium, strontium, or zirconium; or (ii) a salt prepared from one of the straight colors (except lakes) listed in subpart B, or hereinbefore listed in this subpart, by combining such color with the basic radical sodium, potassium, aluminum, barium, calcium, strontium, or zirconium. (2) Specifications. Ether extracts, not more than 0.5 percent. Soluble chlorides and sulfates (as sodium salts), not more than 3.0 percent. Intermediates, not more than 0.2 percent. Ether extracts, not more than 0.5 percent. Soluble chlorides and sulfates (as sodium salts), not more than 3.0 percent. Intermediates, not more than 0.2 percent. (b) Each lake made as prescribed in paragraph (a) of this section shall be considered to be a straight color and to be listed therein under the name which is formed as follows: (1) The listed name of the color from which the lake is prepared, except that if such name contains the symbol “FD&C” such symbol shall be changed to “D&C”; (2) The name of the basic radical combined in such color; and (3) The word “Lake.” (For example, the name of a lake prepared by extending the color D&C Red No. 9 upon a substratum is “D&C Red No. 9—Barium Lake”, and a lake prepared by extending the aluminum salt prepared from FD&C Green No. 1 upon a substratum other than alumina is “D&C Green No. 1—Aluminum Lake”.) | ||||
| 21:21:1.0.1.1.31.3.98.20 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1334 D&C Red No. 34. | FDA | Calcium salt of 3-hydroxy-4-[(1-sulfo-2 -naphthalenyl)azol-2-naphthalenecarboxylic acid. Sum of volatile matter (at 135 °C) and chlorides and sulfates (calculated as sodium salts), not more than 15 percent. 2-Amino-1-naphthalenesulfonic acid, calcium salt, not more than 0.2 percent. 3-Hydroxy-2-naphthoic acid, not more than 0.4 percent. Subsidiary colors, not more than 4 percent. Total color not less than 85 percent. Sum of volatile matter (at 135 °C) and chlorides and sulfates (calculated as sodium salts), not more than 15 percent. 2-Amino-1-naphthalenesulfonic acid, calcium salt, not more than 0.2 percent. 3-Hydroxy-2-naphthoic acid, not more than 0.4 percent. Subsidiary colors, not more than 4 percent. Total color not less than 85 percent. | ||||
| 21:21:1.0.1.1.31.3.98.21 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1336 D&C Red No. 36. | FDA | [53 FR 29031, Aug. 2, 1988] | (a) The color additive D&C Red No. 36 shall conform in identity and specifications to the requirements of § 74.1336 (a)(1) and (b) of this chapter. (b) All lakes of D&C Red No. 36 shall be manufactured from previously certified batches of the straight color additive. | |||
| 21:21:1.0.1.1.31.3.98.22 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1602 D&C Violet No. 2. | FDA | The color additive D&C Violet No. 2 shall conform in identity and specifications to the requirements of § 74.1602(a)(1) and (b) of this chapter. | ||||
| 21:21:1.0.1.1.31.3.98.23 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1707 D&C Yellow No. 7. | FDA | The color additive D&C Yellow No. 7 shall conform in identity and specifications to the requirements of § 74.1707(a)(1) and (b) of this chapter. D&C Yellow No. 7 is restricted to use in externally applied drugs and cosmetics. | ||||
| 21:21:1.0.1.1.31.3.98.24 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1708 D&C Yellow No. 8. | FDA | The color additive D&C Yellow No. 8 shall conform in identity and specifications to the requirements of § 74.1707(a)(1) and (b) of this chapter. D&C Yellow No. 8 is restricted to use in externally applied drugs and cosmetics. | ||||
| 21:21:1.0.1.1.31.3.98.25 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1710 D&C Yellow No. 10. | FDA | [48 FR 39220, Aug. 30, 1983] | The color additive D&C Yellow No. 10 shall conform in identity and specifications to the requirements of § 74.1710(a)(1) and (b) of this chapter. | |||
| 21:21:1.0.1.1.31.3.98.3 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1104 D&C Blue No. 4. | FDA | The color additive D&C Blue No. 4 shall conform in identity and specifications to the requirements of § 74.1104(a)(1) and (b) of this chapter. D&C Blue No. 4 is restricted to use in externally applied drugs and cosmetics. | ||||
| 21:21:1.0.1.1.31.3.98.4 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1205 D&C Green No. 5. | FDA | [47 FR 24285, June 4, 1982] | The color additive D&C Green No. 5 shall conform in identity and specifications to the requirements of § 74.1205(a)(1) and (b)(2) of this chapter. | |||
| 21:21:1.0.1.1.31.3.98.5 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1206 D&C Green No. 6. | FDA | [47 FR 14147, Apr. 2, 1982, as amended at 51 FR 9785, Mar. 21, 1986] | The color additive D&C Green No. 6 shall conform in identity and specifications to the requirements of § 74.1206 (a) and (b) of this chapter. D&C Green No. 6 is restricted to use in externally applied drugs and cosmetics. | |||
| 21:21:1.0.1.1.31.3.98.6 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1254 D&C Orange No. 4. | FDA | [42 FR 52396, Sept. 30, 1977] | The color additive D&C Orange No. 4 shall conform in identity and specifications to the requirements of § 74.1254(a)(1) and (b) of this chapter. D&C Orange No. 4 is restricted to use in externally applied drugs and cosmetics. | |||
| 21:21:1.0.1.1.31.3.98.7 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1255 D&C Orange No. 5. | FDA | [49 FR 13343, Apr. 4, 1984] | (a) The color additive D&C Orange No. 5 shall conform in identity and specifications to the requirements of § 74.1255(a)(1) and (b) of this chapter. D&C Orange No. 5 is restricted to the uses described in this section. (b) The color additive D&C Orange No. 5. may be safely used for coloring externally applied drugs in amounts not exceeding 5 milligrams per daily dose of the drug. The color additive D&C Orange No. 5 may be safely used for coloring lipsticks and other cosmetics intended to be applied to the lips in amounts not exceeding 5.0 percent by weight of the finished cosmetic products, and for coloring mouthwashes, dentifrices, and externally applied cosmetics in amounts consistent with current good manufacturing practice. | |||
| 21:21:1.0.1.1.31.3.98.8 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1260 D&C Orange No. 10. | FDA | [46 FR 18954, Mar. 27, 1981] | The color additive D&C Orange No. 10 shall conform in identity and specifications to the requirements to § 74.1260(a)(1) and (b) of this chapter. D&C Orange No. 10 is restricted to use in externally applied drugs and cosmetics. | |||
| 21:21:1.0.1.1.31.3.98.9 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | C | Subpart C—Drugs and Cosmetics | § 82.1261 D&C Orange No. 11. | FDA | [46 FR 18954, Mar. 27, 1981] | The color additive D&C Orange No. 11 shall conform in identity and specifications to the requirements of § 74.1261(a)(1) and (b) of this chapter. D&C Orange No. 11 is restricted to use in externally applied drugs and cosmetics. | |||
| 21:21:1.0.1.1.31.4.98.1 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | D | Subpart D—Externally Applied Drugs and Cosmetics | § 82.2050 General. | FDA | A batch of a straight color listed in this subpart may be certified, in accordance with the provisions of this part, for use in externally applied drugs and cosmetics, if such batch conforms to the requirements of § 82.5 and to the specifications set forth in this subpart for such color. | ||||
| 21:21:1.0.1.1.31.4.98.2 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | D | Subpart D—Externally Applied Drugs and Cosmetics | § 82.2051 Lakes (Ext. D&C). | FDA | (a)(1) General. Any lake made by extending on a substratum of alumina, blanc fixe, gloss white, clay, titanium dioxide, zinc oxide, talc, rosin, aluminum benzoate, calcium carbonate, or on any combination of two or more of these (i) one of the straight colors hereinbefore listed in this subpart, which color is a salt in which is combined the basic radical sodium, potassium, barium, or calcium; or (ii) a salt prepared from one of the straight colors hereinbefore listed in this subpart by combining such color with the basic radical sodium, potassium, aluminum, barium, calcium, strontium, or zirconium. (2) Specifications. Ether extracts, not more than 0.5 percent. Soluble chlorides and sulfates (as sodium salts), not more than 3.0 percent. Intermediates, not more than 0.2 percent. Ether extracts, not more than 0.5 percent. Soluble chlorides and sulfates (as sodium salts), not more than 3.0 percent. Intermediates, not more than 0.2 percent. (b) Each lake made as prescribed in paragraph (a) of this section shall be considered to be a straight color and to be listed therein under the name which is formed as follows: (1) The listed name of the color from which the lake is prepared; (2) The name of the basic radical combined in such color; and (3) The word “Lake.” (For example, the name of a lake prepared by extending the color Ext. D&C Yellow No. 2 upon a substratum is “Ext. D&C Yellow No. 2—Calcium Lake,” and a lake prepared by extending the barium salt prepared from Ext. D&C Red No. 2 upon the substratum is “Ext. D&C Red No. 2—Barium Lake.”) | ||||
| 21:21:1.0.1.1.31.4.98.3 | 21 | Food and Drugs | I | A | 82 | PART 82—LISTING OF CERTIFIED PROVISIONALLY LISTED COLORS AND SPECIFICATIONS | D | Subpart D—Externally Applied Drugs and Cosmetics | § 82.2707a Ext. D&C Yellow No. 7. | FDA | The color additive Ext. D&C Yellow No. 7 shall conform in identity with specifications to the requirements of § 74.1707a(a)(1) and (b) of this chapter. Ext. D&C Yellow No. 7 is restricted to use in externally applied drugs and cosmetics. | ||||
| 33:33:1.0.1.4.37.0.20.1 | 33 | Navigation and Navigable Waters | I | D | 82 | PART 82—72 COLREGS: INTERPRETATIVE RULES | § 82.1 Purpose. | USCG | [CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981] | This part contains the interpretative rules concerning the 72 COLREGS that are adopted by the Coast Guard for the guidance of the public. | |||||
| 33:33:1.0.1.4.37.0.20.2 | 33 | Navigation and Navigable Waters | I | D | 82 | PART 82—72 COLREGS: INTERPRETATIVE RULES | § 82.3 Pushing vessel and vessel being pushed: Composite unit. | USCG | [CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981] | Rule 24(b) of the 72 COLREGS states that when a pushing vessel and a vessel being pushed ahead are rigidly connected in a composite unit, they are regarded as a power-driven vessel and must exhibit the lights under Rule 23. A “composite unit” is interpreted to be a pushing vessel that is rigidly connected by mechanical means to a vessel being pushed so they react to sea and swell as one vessel. “Mechanical means” does not include the following: (a) Lines. (b) Hawsers. (c) Wires. (d) Chains. | |||||
| 33:33:1.0.1.4.37.0.20.3 | 33 | Navigation and Navigable Waters | I | D | 82 | PART 82—72 COLREGS: INTERPRETATIVE RULES | § 82.5 Lights for moored vessels. | USCG | [CGD 94-011, 63 FR 5731, Feb. 4, 1998, as amended by USCG-2015-0433, 80 FR 44280, July 27, 2015; USCG-2016-0498, 82 FR 35080, July 28, 2017] | For the purposes of Rule 30 of the 72 COLREGS, a vessel at anchor includes a barge made fast to one or more mooring buoys or other similar device attached to the sea or river floor. Such a barge may be lighted as a vessel at anchor in accordance with Rule 30, or may be lighted on the corners in accordance with 33 CFR 83.30(h) through (l). | |||||
| 33:33:1.0.1.4.37.0.20.4 | 33 | Navigation and Navigable Waters | I | D | 82 | PART 82—72 COLREGS: INTERPRETATIVE RULES | § 82.7 Sidelights for unmanned barges. | USCG | [CGD 94-011, 63 FR 5731, Feb. 4, 1998] | An unmanned barge being towed may use the exception of COLREGS Rule 24(h). However, this exception only applies to the vertical sector requirements. | |||||
| 34:34:1.1.1.1.27.1.113.1 | 34 | Education | 82 | PART 82—NEW RESTRICTIONS ON LOBBYING | A | Subpart A—General | § 82.100 Conditions on use of funds. | ED | (a) No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative ageement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) Each person who requests or receives from an agency a Federal contract, grant, loan, or cooperative agreement shall file with that agency a certification, set forth in appendix A, that the person has not made, and will not make, any payment prohibited by paragraph (a) of this section. (c) Each person who requests or receives from an agency a Federal contract, grant, loan, or a cooperative agreement shall file with that agency a disclosure form, set forth in appendix B, if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under paragraph (a) of this section if paid for with appropriated funds. (d) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a statement, set forth in appendix A, whether that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee. (e) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a disclosure form, … | ||||||
| 34:34:1.1.1.1.27.1.113.2 | 34 | Education | 82 | PART 82—NEW RESTRICTIONS ON LOBBYING | A | Subpart A—General | § 82.105 Definitions. | ED | For purposes of this part: (a) Agency, as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). (b) Covered Federal action means any of the following Federal actions: (1) The awarding of any Federal contract; (2) The making of any Federal grant; (3) The making of any Federal loan; (4) The entering into of any cooperative agreement; and, (5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan. Loan guarantees and loan insurance are addressed independently within this part. (c) Federal contract means an acquisition contract awarded by an agency, including those subject to the Federal Acquisition Regulation (FAR), and any other acquisition contract for real or personal property or services not subject to the FAR. (d) Federal cooperative agreement means a cooperative agreement entered into by an agency. (e) Federal grant means an award of financial assistance in the form of money, or property in lieu of money, by the Federal Government or a direct appropriation made by law to any person. The term does not include technical assistance which provides services instead of money, or other assistance in the form of revenue sharing, loans, loan guarantees, loan insurance, interest subsidies, insurance, or direct United States cash assistance to an individual. (f) Federal loan means a loan made by an agency. The term does not include loan guarantee or loan insurance. (g) Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act. (h) Influencing or attempting to influence mea… | ||||||
| 34:34:1.1.1.1.27.1.113.3 | 34 | Education | 82 | PART 82—NEW RESTRICTIONS ON LOBBYING | A | Subpart A—General | § 82.110 Certification and disclosure. | ED | (a) Each person shall file a certification, and a disclosure form, if required, with each submission that initiates agency consideration of such person for: (1) Award of a Federal contract, grant, or cooperative agreement exceeding $100,000; or (2) An award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000. (b) Each person shall file a certification, and a disclosure form, if required, upon receipt by such person of: (1) A Federal contract, grant, or cooperative agreement exceeding $100,000; or (2) A Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000, Unless such person previously filed a certification, and a disclosure form, if required, under paragraph (a) of this section. (c) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraphs (a) or (b) of this section. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, (3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. (d) Any person who requests or receives from a person referred to in paragraphs (a) or (b) of this section: (1) A subcontract exceeding $100,000 at any tier under a Federal contract; (2) A subgrant, contract, or subcontract exceeding $100,000 at any tier under a Federal grant; (3) A contract or subcontract exceeding $100,000 at any tier under a Federal loan exceeding $150,000; or, (4) A contract or subcontract exceeding $100… | ||||||
| 34:34:1.1.1.1.27.2.113.1 | 34 | Education | 82 | PART 82—NEW RESTRICTIONS ON LOBBYING | B | Subpart B—Activities by Own Employees | § 82.200 Agency and legislative liaison. | ED | (a) The prohibition on the use of appropriated funds, in § 82.100(a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement if the payment is for agency and legislative liaison activities not directly related to a covered Federal action. (b) For purposes of paragraph (a) of this section, providing any information specifically requested by an agency or Congress is allowable at any time. (c) For purposes of paragraph (a) of this section, the following agency and legislative liaison activities are allowable at any time only where they are not related to a specific solicitation for any covered Federal action: (1) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and, (2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (d) For purposes of paragraph (a) of this section, the following agencies and legislative liaison activities are allowable only where they are prior to formal solicitation of any covered Federal action: (1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and, (3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L. 95-507 and other subsequent amendments. (e) Only those activities expressly authorized by this section are allowable under this section. | ||||||
| 34:34:1.1.1.1.27.2.113.2 | 34 | Education | 82 | PART 82—NEW RESTRICTIONS ON LOBBYING | B | Subpart B—Activities by Own Employees | § 82.205 Professional and technical services. | ED | (a) The prohibition on the use of appropriated funds, in § 82.100(a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement or an extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract, grant, loan, or cooperative agreement or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract, grant, loan, or cooperative agreement. (b) For purposes of paragraph (a) of this section, “professional and technical services” shall be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communica… | ||||||
| 34:34:1.1.1.1.27.2.113.3 | 34 | Education | 82 | PART 82—NEW RESTRICTIONS ON LOBBYING | B | Subpart B—Activities by Own Employees | § 82.210 Reporting. | ED | No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. | ||||||
| 34:34:1.1.1.1.27.3.113.1 | 34 | Education | 82 | PART 82—NEW RESTRICTIONS ON LOBBYING | C | Subpart C—Activities by Other Than Own Employees | § 82.300 Professional and technical services. | ED | (a) The prohibition on the use of appropriated funds, in § 82.100(a), does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action, if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract, grant, loan, or cooperative agreement or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract, grant, loan, or cooperative agreement. (b) The reporting requirements in § 82.110(a) and (b) regarding filing a disclosure form by each person, if required, shall not apply with respect to professional or technical services rendered directly in the preparation, submission, or negotiation of any commitment providing for the United States to insure or guarantee a loan. (c) For purposes of paragraph (a) of this section, “professional and technical services” shall be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting or a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's pro… | ||||||
| 34:34:1.1.1.1.27.4.113.1 | 34 | Education | 82 | PART 82—NEW RESTRICTIONS ON LOBBYING | D | Subpart D—Penalties and Enforcement | § 82.400 Penalties. | ED | (a) Any person who makes an expenditure prohibited herein shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. (b) Any person who fails to file or amend the disclosure form (see appendix B) to be filed or amended if required herein, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (c) A filing or amended filing on or after the date on which an administrative action for the imposition of a civil penalty is commenced does not prevent the imposition of such civil penalty for a failure occurring before that date. An administrative action is commenced with respect to a failure when an investigating official determines in writing to commence an investigation of an allegation of such failure. (d) In determining whether to impose a civil penalty, and the amount of any such penalty, by reason of a violation by any person, the agency shall consider the nature, circumstances, extent, and gravity of the violation, the effect on the ability of such person to continue in business, any prior violations by such person, the degree of culpability of such person, the ability of the person to pay the penalty, and such other matters as may be appropriate. (e) First offenders under paragraphs (a) or (b) of this section shall be subject to a civil penalty of $10,000, absent aggravating circumstances. Second and subsequent offenses by persons shall be subject to an appropriate civil penalty between $10,000 and $100,000, as determined by the agency head or his or her designee. (f) An imposition of a civil penalty under this section does not prevent the United States from seeking any other remedy that may apply to the same conduct that is the basis for the imposition of such civil penalty. | ||||||
| 34:34:1.1.1.1.27.4.113.2 | 34 | Education | 82 | PART 82—NEW RESTRICTIONS ON LOBBYING | D | Subpart D—Penalties and Enforcement | § 82.405 Penalty procedures. | ED | Agencies shall impose and collect civil penalties pursuant to the provisions of the Program Fraud and Civil Remedies Act, 31 U.S.C. sections 3803 (except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812, insofar as these provisions are not inconsistent with the requirements herein. | ||||||
| 34:34:1.1.1.1.27.4.113.3 | 34 | Education | 82 | PART 82—NEW RESTRICTIONS ON LOBBYING | D | Subpart D—Penalties and Enforcement | § 82.410 Enforcement. | ED | The head of each agency shall take such actions as are necessary to ensure that the provisions herein are vigorously implemented and enforced in that agency. | ||||||
| 34:34:1.1.1.1.27.5.113.1 | 34 | Education | 82 | PART 82—NEW RESTRICTIONS ON LOBBYING | E | Subpart E—Exemptions | § 82.500 Secretary of Defense. | ED | (a) The Secretary of Defense may exempt, on a case-by-case basis, a covered Federal action from the prohibition whenever the Secretary determines, in writing, that such an exemption is in the national interest. The Secretary shall transmit a copy of each such written exemption to Congress immediately after making such a determination. (b) The Department of Defense may issue supplemental regulations to implement paragraph (a) of this section. | ||||||
| 34:34:1.1.1.1.27.6.113.1 | 34 | Education | 82 | PART 82—NEW RESTRICTIONS ON LOBBYING | F | Subpart F—Agency Reports | § 82.600 Semi-annual compilation. | ED | (a) The head of each agency shall collect and compile the disclosure reports (see appendix B) and, on May 31 and November 30 of each year, submit to the Secretary of the Senate and the Clerk of the House of Representatives a report containing a compilation of the information contained in the disclosure reports received during the six-month period ending on March 31 or September 30, respectively, of that year. (b) The report, including the compilation, shall be available for public inspection 30 days after receipt of the report by the Secretary and the Clerk. (c) Information that involves intelligence matters shall be reported only to the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives in accordance with procedures agreed to by such committees. Such information shall not be available for public inspection. (d) Information that is classified under Executive Order 12356 or any successor order shall be reported only to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives or the Committees on Armed Services of the Senate and the House of Representatives (whichever such committees have jurisdiction of matters involving such information) and to the Committees on Appropriations of the Senate and the House of Representatives in accordance with procedures agreed to by such committees. Such information shall not be available for public inspection. (e) The first semi-annual compilation shall be submitted on May 31, 1990, and shall contain a compilation of the disclosure reports received from December 23, 1989 to March 31, 1990. (f) Major agencies, designated by the Office of Management and Budget (OMB), are required to provide machine-readable compilations to the Secretary of the Senate and the Clerk of the House of Representatives no later than with the compilations due on May 31, 1991. OMB sha… | ||||||
| 34:34:1.1.1.1.27.6.113.2 | 34 | Education | 82 | PART 82—NEW RESTRICTIONS ON LOBBYING | F | Subpart F—Agency Reports | § 82.605 Inspector General report. | ED | (a) The Inspector General, or other official as specified in paragraph (b) of this section, of each agency shall prepare and submit to Congress each year, commencing with submission of the President's Budget in 1991, an evaluation of the compliance of that agency with, and the effectiveness of, the requirements herein. The evaluation may include any recommended changes that may be necessary to strengthen or improve the requirements. (b) In the case of an agency that does not have an Inspector General, the agency official comparable to an Inspector General shall prepare and submit the annual report, or, if there is no such comparable official, the head of the agency shall prepare and submit the annual report. (c) The annual report shall be submitted at the same time the agency submits its annual budget justifications to Congress. (d) The annual report shall include the following: All alleged violations relating to the agency's covered Federal actions during the year covered by the report, the actions taken by the head of the agency in the year covered by the report with respect to those alleged violations and alleged violations in previous years, and the amounts of civil penalties imposed by the agency in the year covered by the report. | ||||||
| 40:40:21.0.1.1.1.1.1.1 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.1 Purpose and scope. | EPA | [63 FR 41642, Aug. 4, 1998] | (a) The purpose of the regulations in this subpart is to implement the Montreal Protocol on Substances that Deplete the Ozone Layer and sections 602, 603, 604, 605, 606, 607, 614 and 616 of the Clean Air Act Amendments of 1990, Public Law 101-549. The Protocol and section 604 impose limits on the production and consumption (defined as production plus imports minus exports, excluding transhipments and used controlled substances) of certain ozone-depleting substances, according to specified schedules. The Protocol also requires each nation that becomes a Party to the agreement to impose certain restrictions on trade in ozone-depleting substances with non-Parties. (b) This subpart applies to any person that produces, transforms, destroys, imports or exports a controlled substance or imports or exports a controlled product. | |||
| 40:40:21.0.1.1.1.1.1.10 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.10 [Reserved] | EPA | |||||
| 40:40:21.0.1.1.1.1.1.11 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.11 Exports of class I controlled substances to Article 5 Parties. | EPA | [60 FR 24986, May 10, 1995, as amended at 70 FR 77047, Dec. 29, 2005] | (a) If apportioned Article 5 allowances under § 82.9(a) or § 82.11(a)(2), a person may produce Class I controlled substances, in accordance with the prohibitions in § 82.4 and the reduction schedule in § 82.11(a)(3), to be exported (not including exports resulting in transformation or destruction, or exports of used controlled substances) to foreign states listed in appendix E to this subpart (Article 5 countries). (1) A person must submit a notice to the Administrator of exports to Article 5 countries (except exports resulting in transformation or destruction, or used controlled substances) at the end of the quarter that includes the following: (i) The identities and addresses of the exporter and the Article 5 country recipient of the exports; (ii) The exporter's Employee Identification Number; (iii) The names and telephone numbers of contact persons for the exporter and for the recipient; (iv) The quantity and the type of controlled substances exported, its source and date purchased; (v) The date on which, and the port from which, the controlled substances were exported from the United States or its territories; (vi) The Article 5 country to which the controlled substances were exported; (vii) A copy of the bill of lading and invoice indicating the net quantity shipped and documenting the sale of the controlled substances to the Article 5 purchaser; (viii) The commodity code of the controlled substance exported; and (ix) A copy of the invoice or sales agreement covering the sale of the controlled substances to the recipient Article 5 country that contains provisions forbidding the reexport of the controlled substance in bulk form and subjecting the recipient or any transferee of the recipient to liquidated damages equal to the resale price of the controlled substances if they are reexported in bulk form. (2) Persons who reported exports of Class I, Group I controlled substances to Article 5 countries in 2000-2003 are apportioned baseline Article 5 allowances as set forth in § 82.11(a)(2)(i). Persons … | |||
| 40:40:21.0.1.1.1.1.1.12 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.12 Transfers of allowances for class I controlled substances. | EPA | [60 FR 24986, May 10, 1995, as amended at 65 FR 70804, Nov. 28, 2000; 66 FR 1471, Jan. 8, 2001; 67 FR 6361, Feb. 11, 2002; 69 FR 77004, Dec. 23, 2004; 79 FR 44311, July 31, 2014; 85 FR 15292, Mar. 17, 2020] | (a) Inter-company transfers. (1) After January 1, 2002, any essential-use allowance holder (including those persons that hold essential-use allowances issued by a Party other than the United States) (“transferor”) may transfer essential-use allowances for CFCs to a metered dose inhaler company solely for the manufacture of essential MDIs. After January 1, 2005, any critical use allowance holder (“transferor”) may transfer critical use allowances to any other person (“transferee”). (i) The transferor must submit to the Administrator a transfer claim setting forth the following: (A) The identities and addresses of the transferor and the transferee; (B) The name and telephone numbers of contact persons for the transferor and the transferee; (C) The type of allowances being transferred, including the names of the controlled substances for which allowances are to be transferred; (D) The group of controlled substances to which the allowances being transferred pertains; (E) The amount of allowances being transferred; (F) The control period(s) for which the allowances are being transferred; (G) The amount of unexpended allowances of the type and for the control period being transferred that the transferor holds under authority of this subpart as of the date the claim is submitted to EPA; and (H) The one percent offset applied to the unweighted amount traded will be deducted from the transferor's production or consumption allowance balance (except for trades from transformers and destroyers to producers or importers for the purpose of allowance reimbursement). In the case of transferring essential use allowances, the amount of one tenth of one percent of the amount traded will be deducted from the transferor's allowance balance. In the case of transferring critical use allowances, the amount of one tenth of one percent of the amount traded will be deducted from the transferor's critical use allowance balance. (I) The transferor must include a signed document from the transferee identifying the CFC MDI products… | |||
| 40:40:21.0.1.1.1.1.1.13 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.13 Recordkeeping and reporting requirements for class I controlled substances. | EPA | [60 FR 24986, May 10, 1995] | (a) Effective dates. Unless otherwise specified, the recordkeeping and reporting requirements set forth in this section take effect on January 1, 1995. For class I, Group VIII controlled substances, the recordkeeping and reporting requirements set forth in this section take effect on August 18, 2003. For critical use methyl bromide, the recordkeeping and reporting requirements set forth in this section take effect January 1, 2005. (b) Reports and records required by this section may be used for purposes of compliance determinations. These requirements are not intended as a limitation on the use of other evidence admissible under the Federal Rules of Evidence. Failure to provide the reports, petitions and records required by this section, and to certify the accuracy of the information in the reports, petitions and records required by this section, will be considered a violation of this subpart. False statements made in reports, petitions and records will be considered violations of Section 113 of the Clean Air Act. (c) Timing of reports. Unless otherwise specified, reports required by this section must be submitted to the Administrator within 45 days of the end of the applicable reporting period. Revisions of reports that are required by this section must be submitted to the Administrator within 180 days of the end of the applicable reporting period, unless otherwise specified. Starting May 18, 2020, reports that are available for submission through the Central Data Exchange or another format specified by EPA must be submitted electronically through that tool. (d) Records and copies of reports required by this section must be retained for three years. (e) In reports required by this section, quantities of controlled substances must be stated in terms of kilograms. (f) Producers. Every person (“producer”) who produces class I controlled substances during a control period must comply with the following recordkeeping and reporting requirements: (1) Within 120 days of May 10, 1995, or within 120 days of th… | |||
| 40:40:21.0.1.1.1.1.1.14 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.14 Process for electronic reporting. | EPA | [85 FR 15296, Mar. 17, 2020, as amended at 89 FR 82432, Oct. 10, 2024] | (a) Starting May 18, 2020, reports and petitions that are available to be submitted through the Central Data Exchange or another format specified by EPA, 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) Email the EPA's Central Data Exchange Help Desk at HelpDesk@epacdx.net. | |||
| 40:40:21.0.1.1.1.1.1.15 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.15 Prohibitions for class II controlled substances. | EPA | [68 FR 2848, Jan. 21, 2003, as amended at 69 FR 34031, June 17, 2004; 71 FR 41171, July 20, 2006; 74 FR 66445, Dec. 15, 2009; 79 FR 16686, Mar. 26, 2014; 79 FR 64286, Oct. 28, 2014; 85 FR 15296, Mar. 17, 2020; 85 FR 15296, Mar. 17, 2020] | (a) Production. (1) Effective January 21, 2003, no person may produce class II controlled substances for which EPA has apportioned baseline production and consumption allowances, in excess of the quantity of unexpended production allowances, unexpended Article 5 allowances, unexpended export production allowances, or conferred unexpended HCFC-141b exemption allowances held by that person for that substance under the authority of this subpart at that time in that control period, unless the substances are transformed or destroyed domestically or by a person of another Party, or unless they are produced using an exemption granted in paragraph (f) of this section. Every kilogram of excess production constitutes a separate violation of this subpart. (2) Effective January 21, 2003, no person may use production allowances to produce a quantity of class II controlled substance unless that person holds under the authority of this subpart at the same time consumption allowances sufficient to cover that quantity of class II controlled substances. No person may use consumption allowances to produce a quantity of class II controlled substances unless the person holds under authority of this subpart at the same time production allowances sufficient to cover that quantity of class II controlled substances. (b) Import. (1) Effective January 21, 2003, no person may import class II controlled substances (other than transhipments, heels or used class II controlled substances) for which EPA has apportioned baseline production and consumption allowances , in excess of the quantity of unexpended consumption allowances, or conferred unexpended HCFC-141b exemption allowances held by that person under the authority of this subpart at that time in that control period, unless the substances are for use in a process resulting in their transformation or their destruction, or unless they are produced using an exemption granted in paragraph (f) of this section. Every kilogram of excess import constitutes a separate violation of this subp… | |||
| 40:40:21.0.1.1.1.1.1.16 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.16 Phaseout schedule of class II controlled substances. | EPA | [68 FR 2848, Jan. 21, 2003, as amended at 71 FR 41171, July 20, 2006; 74 FR 66446, Dec. 15, 2009; 76 FR 47467, Aug. 5, 2011; 78 FR 20027, Apr. 3, 2013; 79 FR 64286, Oct. 28, 2014; 85 FR 15296, Mar. 17, 2020] | (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 Table 2 to Paragraph ( a )—Calendar-Year HCFC Consumption Allowances (2) Recoupment allowances. In the control period beginning January 1, 2013 and ending December 31, 2013, and again in the control period beginning January 1, 2014 and ending December 31, 2014, certain companies are granted HCFC consumption and production allowances in addition to the percentage of baseline listed in the table at paragraph (a)(1) of this section. The following companies will receive the amounts listed below in both 2013 and 2014: 2,374,846 kg of HCFC-22 consumption allowances and 2,305,924 kg of HCFC-22 production allowances to Arkema; 1,170 kg of HCFC-142b consumption allowances to DuPont; 29,146 kg of HCFC-142b consumption allowances and 53,549 kg of HCFC-142b production allowances to Honeywell; 578,948 kg of HCFC-22 consumption allowances to Solvay Fluorides; and 144,900 kg of HCFC-142b production allowances to Solvay Solexis. (b) Effective January 1, 2003, no person may produce HCFC-141b except for use in a process resulting in its transformation or its destruction, for export under § 82.18(a) using unexpended Article 5 allowances, for export under § 82.18(b) using unexpended export production allowances, for HCFC-141b exemption needs using unexpended HCFC-141b exemption allowances, or for exemptions permitted in § 82.15(f). Effective January 1, 2003, no person may import HCFC-141b (other than transhipments, heels or used class II controlled substances) in excess of the quantity of unexpended HCFC-141b exemption allowances held by that person except for use in a process resulting in its transformation or its destruction, or for exemptions permitted in § 82.1… | |||
| 40:40:21.0.1.1.1.1.1.17 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.17 Apportionment of baseline production allowances for class II controlled substances. | EPA | [79 FR 64287, Oct. 28, 2014] | The following persons are apportioned baseline production allowances for HCFC-22, HCFC-141b, HCFC-142b, HCFC-123, HCFC-124, HCFC-225ca, and HCFC-225cb as set forth in the following table: | |||
| 40:40:21.0.1.1.1.1.1.18 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.18 Availability of production in addition to baseline production allowances for class II controlled substances. | EPA | [68 FR 2848, Jan. 21, 2003, as amended at 74 FR 66446, Dec. 15, 2009; 79 FR 16687, Mar. 26, 2014] | (a) Article 5 allowances. (1) Effective January 1, 2003, a person apportioned baseline production allowances for HCFC-141b, HCFC-22, or HCFC-142b under § 82.17 is also apportioned Article 5 allowances, equal to 15 percent of their baseline production allowances, for the specified HCFC for each control period up until December 31, 2009, to be used for the production of the specified HCFC for export only to foreign states listed in appendix E to this subpart. (2) Effective January 1, 2010, a person apportioned baseline production allowances under § 82.17 for HCFC-141b, HCFC-22, or HCFC-142b is also apportioned Article 5 allowances, equal to 10 percent of their baseline production allowances, for the specified HCFC for each control period up until December 31, 2019, to be used for the production of the specified HCFC for export only to foreign states listed in appendix E to this subpart. (3) Effective January 1, 2015, a person apportioned baseline production allowances under § 82.17 for HCFC-123, HCFC-124, HCFC-225ca, and HCFC-225cb is also apportioned Article 5 allowances, equal to 10 percent of their baseline production allowances, for the specified HCFC for each control period up until December 31, 2019, to be used for the production of the specified HCFC for export only to foreign states listed in appendix E to this subpart. (b) Export Production Allowances. (1) Effective January 1, 2003, a person apportioned baseline production allowances for HCFC-141b under § 82.17 is also apportioned export production allowances, equal to 100 percent of their baseline production allowances, for HCFC-141b for each control period up until December 31, 2009, to be used for the production of HCFC-141b for export only, in accordance with this section. (2) [Reserved] (c) International trades of production allowances, export production allowances and Article 5 allowances. (1) A person may increase or decrease their production allowances, export production allowances, or Article 5 allowances, for a specified control period… | |||
| 40:40:21.0.1.1.1.1.1.19 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.19 Apportionment of baseline consumption allowances for class II controlled substances. | EPA | [79 FR 64288, Oct. 28, 2014] | The following persons are apportioned baseline consumption allowances for HCFC-22, HCFC-142b, HCFC-123, HCFC-124, HCFC-225ca, and HCFC-225cb as set forth in the following table: | |||
| 40:40:21.0.1.1.1.1.1.2 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.2 [Reserved] | EPA | |||||
| 40:40:21.0.1.1.1.1.1.20 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.20 Availability of consumption allowances in addition to baseline consumption allowances for class II controlled substances. | EPA | [68 FR 2848, Jan. 21, 2003, as amended at 71 FR 41172, July 20, 2006; 79 FR 64288, Oct. 28, 2014] | (a) A person may obtain at any time during the control period, in accordance with the provisions of this section, consumption allowances equivalent to the quantity of class II controlled substances that the person exported from the United States and its territories to a foreign state in accordance with this section, when that quantity of class II controlled substance was produced in the U.S. or imported into the United States with expended consumption allowances. Both the export of the class II controlled substance and the request for additional consumption allowances must occur during a calendar year in which consumption allowances were issued for that class II controlled substance. (1) The exporter must submit to the Administrator a request for consumption allowances setting forth the following: (i) The identities and addresses of the exporter and the recipient of the exports; (ii) The exporter's Employer Identification Number; (iii) The names and telephone numbers of contact persons for the exporter and the recipient; (iv) The quantity (in kilograms) and type of class II controlled substances reported; (v) The source of the class II controlled substances and the date purchased; (vi) The date on which, and the port from which, the class II controlled substances were exported from the U.S. or its territories; (vii) The country to which the class II controlled substances were exported; (viii) A copy of the bill of lading and the invoice indicating the net quantity (in kilograms) of class II controlled substances shipped and documenting the sale of the class II controlled substances to the purchaser; (ix) The commodity codes of the class II controlled substances reported; and (x) A written statement from the producer that the class II controlled substances were produced with expended allowances or a written statement from the importer that the class II controlled substances were imported with expended allowances. (2) The Administrator will review the information and documentation submitted under paragr… | |||
| 40:40:21.0.1.1.1.1.1.21 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | §§ 82.21-82.22 [Reserved] | EPA | |||||
| 40:40:21.0.1.1.1.1.1.22 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.23 Transfers of allowances of class II controlled substances. | EPA | [68 FR 2848, Jan. 21, 2003, as amended at 78 FR 20028, Apr. 3, 2013; 85 FR 15298, Mar. 17, 2020] | (a) Inter-company transfers. Effective January 1, 2003, a person (“transferor”) may transfer to any other person (“transferee”) any quantity of the transferor's class II consumption allowances, production allowances, export production allowances, or Article 5 allowances for the same type of allowance as follows: (i) The transferor must submit to the Administrator a transfer claim setting forth the following: (A) The identities and addresses of the transferor and the transferee; (B) The name and telephone numbers of contact persons for the transferor and the transferee; (C) The type of allowances being transferred, including the names of the class II controlled substances for which allowances are to be transferred; (D) The quantity (in kilograms) of allowances being transferred; (E) The control period(s) for which the allowances are being transferred; (F) [Reserved] (G) For trades of consumption allowances, production allowances, export production allowances, or Article 5 allowances, the quantity of the 0.1 percent offset applied to the unweighted quantity traded that will be deducted from the transferor's allowance balance. (ii) The Administrator will determine whether the records maintained by EPA indicate that the transferor possesses unexpended allowances sufficient to cover the transfer claim on the date the transfer claim is processed. The transfer claim is the quantity (in kilograms) to be transferred plus 0.1 percent of that quantity. The Administrator will take into account any previous transfers, any production, and allowable imports and exports of class II controlled substances reported by the transferor. Within three working days of receiving a complete transfer claim, the Administrator will take action to notify the transferor and transferee as follows: (A) The Administrator will issue a notice indicating that EPA does not object to the transfer if EPA's records show that the transferor has sufficient unexpended allowances to cover the transfer claim. In the case of transfers of production… | |||
| 40:40:21.0.1.1.1.1.1.23 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.24 Recordkeeping and reporting requirements for class II controlled substances. | EPA | [68 FR 2848, Jan. 21, 2003, as amended at 71 FR 41172, July 20, 2006; 81 FR 6768, Feb. 9, 2016; 85 FR 15298, Mar. 17, 2020; 89 FR 82432, Oct. 10, 2024] | (a) Recordkeeping and reporting. Any person who produces, imports, exports, transforms, or destroys class II controlled substances must comply with the following recordkeeping and reporting requirements: (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 May 18, 2020, reports that are available for submission through the Central Data Exchange or another format specified by EPA must be submitted electronically through that tool. (2) Revisions of reports that are required by this section must be mailed to the Administrator within 180 days of the end of the applicable reporting period, unless otherwise specified. (3) Records and copies of reports required by this section must be retained for three years. (4) Quantities of class II controlled substances must be stated in terms of kilograms in reports required by this section. (5) Reports and records required by this section may be used for purposes of compliance determinations. These requirements are not intended as a limitation on the use of other evidence admissible under the Federal Rules of Evidence. Failure to provide the reports, petitions and records required by this section and to certify the accuracy of the information in the reports, petitions and records required by this section, will be considered a violation of this subpart. False statements made in reports, petitions and records will be considered violations of Section 113 of the Clean Air Act and under 18 U.S.C. 1001. (b) Producers. Persons (“producers”) who produce class II controlled substances during a control period must comply with the following recordkeeping and reporting requirements: (1) Reporting—Producers. For each quarter, each producer of a class II controlled substance must provide the Administrator with a report containing the following information: (i) The quantity (in kilograms) of production of each class II controlled substance used in processes res… | |||
| 40:40:21.0.1.1.1.1.1.24 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.25 Emissions of controlled substances from industrial sources. | EPA | [89 FR 82433, Oct. 10, 2024] | (a) Source applicability. The requirements specified in this section apply to every entity which engages in any of the following activities: (1) Use of a controlled substance as a process agent. (2) [Reserved] (b) Emissions of controlled substances to report. Every entity that engages in any activity listed in paragraph (a) of this section must report, for each applicable facility, emissions of the controlled substances in paragraph (b)(1) of this section from the processes listed in paragraph (b)(2) of this section. (1) Emissions of controlled substances. For purposes of reporting emissions under this section, the term “controlled substance” applies to the following controlled substances: (i) Each controlled substance used as a process agent. (ii) [Reserved] (2) Processes. For purposes of this section, the term “process” applies to the following activities: (i) Each activity listed in paragraph (a) of this section; (ii) Each separation process for the reuse or recycling of the controlled substance; (iii) Each transformation process of the controlled substance, where the controlled substance is produced at the facility and used in processes resulting in its transformation at the same facility; (iv) Each transformation process of the controlled substance at the facility, where one or more of the controlled substances transformed at the facility is produced at another facility; and (v) Each destruction process of the controlled substance. (c) Calculating emissions for controlled substances. For every activity listed in paragraph (a) of this section, each entity must calculate emissions of the controlled substances from each process using the emission factor, emission calculation factor, or mass balance method specified in paragraphs (c)(1) through (4) of this section, as appropriate. The mass balance method may only be used for batch operations without on-site production or transformation of controlled substances. For destruction processes that destroy controlled substances, the entity must c… | |||
| 40:40:21.0.1.1.1.1.1.25 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.26 Treatment of data submitted under this subpart. | EPA | [89 FR 82450, Oct. 10, 2024] | (a) Sections 2.201 through 2.215 and 2.301 of this chapter do not apply to data submitted under this subpart that EPA has determined through rulemaking to be either of the following: (1) Emission data, as defined in § 2.301(a)(2) of this chapter, determined in accordance with section 114(c) and 307(d) of the Clean Air Act; or (2) Data not otherwise entitled to confidential treatment. (b) Except as otherwise provided in paragraph (d) of this section and §§ 2.201 through 2.208 and 2.301(c) and (d) of this chapter do not apply to data submitted under this part that EPA has determined through rulemaking to be entitled to confidential treatment. EPA shall treat that information as confidential in accordance with the provisions of § 2.211 of this chapter, subject to paragraph (d) of this section and § 2.209 of this chapter. (c) Upon receiving a request under 5 U.S.C. 552 for data submitted under this part that EPA has determined through rulemaking to be entitled to confidential treatment, the relevant Agency official shall furnish the requestor a notice that the information has been determined to be entitled to confidential treatment and that the request is therefore denied. The notice shall include or cite to the appropriate EPA determination. (d) A determination made through rulemaking that information submitted under this part is entitled to confidential treatment shall continue in effect unless, subsequent to the confidentiality determination through rulemaking, EPA takes one of the following actions: (1) EPA determines through a subsequent rulemaking that the information is emission data or data not otherwise entitled to confidential treatment; or (2) The Office of General Counsel issues a final determination, based on the requirements of 5 U.S.C. 552(b)(4), stating that the information is no longer entitled to confidential treatment because of change in the applicable law or newly discovered or changed facts. Prior to making such final determination, EPA shall afford the business an opportunity to submit c… | |||
| 40:40:21.0.1.1.1.1.1.26 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.27 Incorporation by reference. | EPA | [89 FR 82450, Oct. 10, 2024] | (a)(1) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at EPA and at the National Archives and Records Administration (NARA). Contact EPA at: U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460, 202-566-1742. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. (2) The IBR material may be obtained from the sources in the following paragraphs of this section or from one or more private resellers listed in this paragraph (a)(2). For material that is no longer commercially available, contact: U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460; a-and-rdocket@epa.gov. (i) Accuris Standards Store, 321 Inverness Drive, South Englewood, CO 80112; phone: (800) 332-6077; website: https://accuristech.com. (ii) American National Standards Institute (ANSI), 25 West 43rd Street, Fourth Floor, New York, NY 10036-7417; phone: (212) 642-4980; email: info@ansi.org; website: www.ansi.org. (iii) GlobalSpec, 257 Fuller Road, Suite NFE 1100, Albany, NY 12203-3621; phone: (800) 261-2052; website: https://standards.globalspec.com. (iv) Nimonik Document Center, 401 Roland Way, Suite 224, Oakland, CA 94624; phone (650) 591-7600; email: info@document-center.com; website: www.document-center.com. (b) American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016, phone: 800.843.2763, email: CustomerCare@asme.org; website: www.asme.org. (1) ASME MFC-3M-2004, Measurement of Fluid Flow in Pipes Using Orifice, Nozzle, and Venturi, issued August 15, 2005; IBR approved for § 82.25(d). (2) ASME MFC-4M-1986 (Reaffirmed 2016), Measurement of Gas Flow by Turbine Meters, reaffirmed 2016, IB… | |||
| 40:40:21.0.1.1.1.1.1.3 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.3 Definitions for class I and class II controlled substances. | EPA | [60 FR 24986, May 10, 1995] | As used in this subpart, the term: Administrator means the Administrator of the United States Environmental Protection Agency or his or her authorized representative. Starting May 18, 2020, 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. Any other reports and communications shall be submitted to Stratospheric Protection Manager, 1200 Pennsylvania Ave. NW, Mail Code: 6205T, Washington, DC 20460. Aircraft halon bottle means a vessel used as a component of an aircraft fire suppression system containing halon-1301 or halon-1211 approved under FAA rules for installation in a certificated aircraft. 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. Applicator means the person who applies methyl bromide. Approved critical use(s) means those uses of methyl bromide listed in Column A of appendix L to this subpart as further clarified in Columns B and C of that appendix. Approved critical user(s) means a person who: (1) For the applicable control period, applied to EPA for a critical use exemption or is a member of a consortium that applied to EPA for a critical use exemption for a use and location of use that was included in the U.S. nomination, authorized by a Decision of the Parties to the Montreal Protocol, and then finally determined by EPA in a notice-and-comment rulemaking to be an approved critical use; and (2) Has an area in the applicable location of use that requires methyl bromide fumigation because the person reasonably expects that the area will be subject to a limiting critical condition during the applicable control period. Article 5 allowances means the allowances apportioned under §§ 82.9(a), 82.11(a)(2), and 82.18(a). Baseline consumption allowances means the consumption allowances apportioned under §§ 82.6 and 82.19. Baseline pr… | |||
| 40:40:21.0.1.1.1.1.1.4 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.4 Prohibitions for class I controlled substances. | EPA | [60 FR 24986, May 10, 1995] | (a)(1) Prior to January 1, 1996, for all Groups of class I controlled substances, and prior to January 1, 2005, for class I, Group VI controlled substances, no person may produce, at any time in any control period, (except that are transformed or destroyed domestically or by a person of another Party) in excess of the amount of unexpended production allowances or unexpended Article 5 allowances for that substance held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess production constitutes a separate violation of this subpart. (2) Effective January 1, 2003, production of class I, Group VI controlled substances is not subject to the prohibitions in paragraph (a)(1) of this section if it is solely for quarantine or preshipment applications as defined in this subpart. (b)(1) Effective January 1, 1996, for any Class I, Group I, Group II, Group III, Group IV, Group V or Group VII controlled substances, and effective January 1, 2005 for any Class I, Group VI controlled substances, and effective August 18, 2003, for any Class I, Group VIII controlled substance, no person may produce, at any time in any control period (except that are transformed or destroyed domestically or by a person of another Party) in excess of the amount of conferred unexpended essential use allowances or exemptions, or in excess of the amount of unexpended critical use allowances, or in excess of the amount of unexpended Article 5 allowances as allocated under § 82.9 and 82.11, as may be modified under § 82.12 (transfer of allowances) for that substance held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess production constitutes a separate violation of this subpart. (2) Effective January 1, 2005, production of class I, Group VI controlled substances is not subject to the prohibitions in paragraph (b)(1) of this section if it is solely for quarantine or preshipment applications as defined in this subpart, or it is so… | |||
| 40:40:21.0.1.1.1.1.1.5 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.5 Apportionment of baseline production allowances for class I controlled substances. | EPA | [60 FR 24986, May 10, 1995, as amended at 68 FR 2848, Jan. 21, 2003] | Persons who produced controlled substances in Group I or Group II in 1986 are apportioned baseline production allowances as set forth in paragraphs (a) and (b) of this section. Persons who produced controlled substances in Group III, IV, or V in 1989 are apportioned baseline production allowances as set forth in paragraphs (c), (d), and (e) of this section. Persons who produced controlled substances in Group VI and VII in 1991 are apportioned baseline allowances as set forth in paragraphs (f) and (g) of this section. | |||
| 40:40:21.0.1.1.1.1.1.6 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.6 Apportionment of baseline consumption allowances for class I controlled substances. | EPA | [60 FR 24986, May 10, 1995, as amended at 68 FR 2848, Jan. 21, 2003] | Persons who produced, imported, or produced and imported controlled substances in Group I or Group II in 1986 are apportioned chemical-specific baseline consumption allowances as set forth in paragraphs (a) and (b) of this section. Persons who produced, imported, or produced and imported controlled substances in Group III, Group IV, or Group V in 1989 are apportioned chemical-specific baseline consumption allowances as set forth in paragraphs (c), (d) and (e) of this section. Persons who produced, imported, or produced and imported controlled substances in Group VI or VII in 1991 are apportioned chemical specific baseline consumption allowances as set forth in paragraphs (f) and (g) of this section. | |||
| 40:40:21.0.1.1.1.1.1.7 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.7 Grant and phase reduction of baseline production and consumption allowances for class I controlled substances. | EPA | [65 FR 70803, Nov. 28, 2000] | For each control period specified in the following table, each person is granted the specified percentage of the baseline production and consumption allowances apportioned to him under §§ 82.5 and 82.6 of this subpart. | |||
| 40:40:21.0.1.1.1.1.1.8 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.8 Grant of essential use allowances and critical use allowances. | EPA | [69 FR 77003, Dec. 23, 2004] | (a) Effective January 1, 1996, persons in the following list are allocated essential-use allowances or exemptions for quantities of a specific class I controlled substance for a specific essential-use (the Administrator reserves the right to revise the allocations based on future decisions of the Parties). Table I—Essential Use Allowances for Calendar Year 2010 (b) There is a global exemption for the production and import of class I controlled substances for essential laboratory and analytical uses, subject to the restrictions in appendix G of this subpart, and subject to the recordkeeping and reporting requirements at § 82.13(u) through (x). There is no amount specified for this exemption. (c) Effective January 1, 2005, critical use allowances are apportioned as set forth in paragraph (c)(1) of this section for the exempted production and import of class I, Group VI controlled substances specifically for those approved critical uses listed in appendix L to this subpart for the applicable control period. Every kilogram of production and import in excess of the total number and type of unexpended critical use allowances held for a particular type of use constitutes a separate violation of this subpart. (1) Allocated critical use allowances granted for specified control period. * For production or import of Class I, Group VI controlled substance exclusively for the pre-plant or post-harvest uses specified in appendix L to this subpart. (2) [Reserved] | |||
| 40:40:21.0.1.1.1.1.1.9 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.9 Availability of production allowances in addition to baseline production allowances for class I controlled substances. | EPA | [60 FR 24986, May 10, 1995, as amended at 63 FR 41643, Aug. 4, 1998; 63 FR 53290, Oct. 5, 1998; 65 FR 70804, Nov. 28, 2000; 67 FR 6360, Feb. 11, 2002; 67 FR 21134, Apr. 29, 2002; 70 FR 77047, Dec. 29, 2005; 85 FR 15292, Mar. 17, 2020] | (a)—(b) [Reserved] (c) A company may increase or decrease its production allowances, including its Article 5 allowances, by trading with another Party to the Protocol according to the provision under this paragraph (c). A company may increase or decrease its essential-use allowances for CFCs for use in essential MDIs according to the provisions under this paragraph (c). A nation listed in appendix C to this subpart (Parties to the Montreal Protocol) must agree either to transfer to the person for the current control period some amount of production or import that the nation is permitted under the Montreal Protocol or to receive from the person for the current control period some amount of production or import that the person is permitted under this subpart. If the controlled substance is produced under the authority of production allowances and is to be sold in the United States or to another Party (not the Party from whom the allowances are received), the U.S. company must expend its consumption allowances allocated under §§ 82.6 and 82.7 in order to produce with the additional production allowances. (1) For trades from a Party, the person must obtain from the principal diplomatic representative in that nation's embassy in the United States a signed document stating that the appropriate authority within that nation has established or revised production limits or essential-use allowance limits for the nation to equal the lesser of the maximum production that the nation is allowed under the Protocol minus the amount transferred, the maximum production or essential-use allowances that are allowed under the nation's applicable domestic law minus the amount transferred, or the average of the nation's actual national production level for the three years prior to the transfer minus the production transferred. The person must submit to the Administrator a transfer request that includes a true copy of this document and that sets forth the following: (i) The identity and address of the person; (ii) The identity of the… | |||
| 40:40:21.0.1.1.1.2.1.1 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.30 Purpose and scope. | EPA | [57 FR 31261, July 14, 1992, as amended at 62 FR 68046, Dec. 30, 1997] | (a) The purpose of the regulations in this subpart B is to implement section 609 of the Clean Air Act, as amended (Act) regarding the servicing of motor vehicle air conditioners (MVACs), and to implement section 608 of the Act regarding certain servicing, maintenance, repair and disposal of air conditioners in MVACs and MVAC-like appliances (as that term is defined in 40 CFR 82.152). (b) These regulations apply to any person performing service on a motor vehicle for consideration when this service involves the refrigerant in the motor vehicle air conditioner. | |||
| 40:40:21.0.1.1.1.2.1.2 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.31 Incorporation by reference. | EPA | [86 FR 15595, Mar. 24, 2021] | (a) Certain material is incorporated by reference into this subpart part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. You can obtain the material from the sources listed in paragraph (b) of this section. You may inspect a copy of the approved material at U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov or go to www.archives.gov/federal-register/cfr/ibr-locations.html. (b) SAE International. SAE Customer Service, 400 Commonwealth Drive, Warrendale, PA 15096-0001 USA; Email: CustomerService@sae.org; Telephone: 1-877-606-7323 (U.S. and Canada only) or 1-724-776-4970 (outside the U.S. and Canada); internet address: http://store.sae.org/dlabout.htm. (1) SAE J2843 TM . R-1234yf (HFO-1234yf) Recovery/Recycling/Recharging Equipment for Flammable Refrigerants for Mobile Air-Conditioning Systems. Revised July 2019; IBR approved for § 82.36(a). (2) SAE J2851. Recovery Equipment for Contaminated R-134a or R-1234yf Refrigerant from Mobile Automotive Air Conditioning Systems. Revised February 2015; IBR approved for § 82.36(a). (3) SAE J3030. Automotive Refrigerant Recovery/Recycling/Recharging Equipment Intended for use with Both R-1234yf and R-134a. Issued July 2015 ( Note: SAE J3030 heading says “revised”); IBR approved for § 82.36(a). | |||
| 40:40:21.0.1.1.1.2.1.3 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.32 Definitions. | EPA | [57 FR 31261, July 14, 1992, as amended at 60 FR 21687, May 2, 1995; 62 FR 68046, Dec. 30, 1997; 86 FR 15595, Mar. 24, 2021] | (a) Approved independent standards testing organization means any organization which has applied for and received approval from the Administrator pursuant to § 82.38. (b) Approved refrigerant recycling equipment means equipment certified by the Administrator or an organization approved under § 82.38 as meeting either one of the standards in § 82.36. Such equipment extracts and recycles refrigerant or extracts refrigerant for recycling on-site or reclamation off-site. (c) Motor vehicle as used in this subpart means any vehicle which is self-propelled and designed for transporting persons or property on a street or highway, including but not limited to passenger cars, light duty vehicles, and heavy duty vehicles. This definition does not include a vehicle where final assembly of the vehicle has not been completed by the original equipment manufacturer. (d) Motor vehicle air conditioners means mechanical vapor compression refrigeration equipment used to cool the driver's or passenger's compartment of any motor vehicle. This definition is not intended to encompass the hermetically sealed refrigeration systems used on motor vehicles for refrigerated cargo and the air conditioning systems on passenger buses using HCFC-22 refrigerant. (e) Properly using. (1) Properly using means using equipment in conformity with the regulations set forth in this subpart, including but not limited to the prohibitions and required practices set forth in § 82.34, and the recommended service procedures and practices for the containment of refrigerant set forth in § 82.36(a) and appendices A, B, C, D, E, and F to this subpart, as applicable. In addition, this term includes operating the equipment in accordance with the manufacturer's guide to operation and maintenance and using the equipment only for the controlled substance for which the machine is designed. For equipment that extracts and recycles refrigerant, properly using also means to recycle refrigerant before it is returned to a motor vehicle air conditioner or MVAC-li… | |||
| 40:40:21.0.1.1.1.2.1.4 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.34 Prohibitions and required practices. | EPA | [57 FR 31261, July 14, 1992, as amended at 62 FR 68047, Dec. 30, 1997; 72 FR 63494, Nov. 9, 2007] | (a) No person repairing or servicing MVACs for consideration, and no person repairing or servicing MVAC-like appliances, may perform any service involving the refrigerant for such MVAC or MVAC-like appliance: (1) Without properly using equipment approved pursuant to § 82.36; (2) Unless any such person repairing or servicing an MVAC has been properly trained and certified by a technician certification program approved by the Administrator pursuant to § 82.40; and (3) Unless any such person repairing or servicing an MVAC-like appliance has been properly trained and certified by a technician certification program approved by the Administrator pursuant to either § 82.40 or § 82.161(a)(5). (b) Effective November 15, 1992, no person may sell or distribute, or offer for sale or distribution, any class I or class II substance that is suitable for use as a refrigerant in motor vehicle air-conditioner and that is in a container which contains less than 20 pounds of such refrigerant to any person unless that person is properly trained and certified under § 82.40 or intended the containers for resale only, and so certifies to the seller under § 82.42(b)(3). (c) No technician training programs may issue certificates unless the program complies with all of the standards in § 82.40(a). (d) Motor vehicle disposal facilities. (1) Any refrigerant that is extracted from an MVAC or an MVAC-like appliance (as that term is defined in § 82.152) bound for disposal and located at a motor vehicle disposal facility may not be subsequently used to charge or recharge an MVAC or MVAC-like appliance, unless, prior to such charging or recharging, the refrigerant is either: (i) Recovered, and reclaimed in accordance with the regulations promulgated under § 82.32(e)(2) of this subpart B; or (ii) (A) Recovered using approved refrigerant recycling equipment dedicated for use with MVACs and MVAC-like appliances, either by a technician certified under paragraph (a)(2) of this section, or by an employee, owner, or operator of, or contractor … | |||
| 40:40:21.0.1.1.1.2.1.5 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.36 Approved refrigerant handling equipment. | EPA | [57 FR 31261, July 14, 1992, as amended at 60 FR 21687, May 2, 1995; 62 FR 68047, Dec. 30, 1997; 72 FR 63494, Nov. 9, 2007; 73 FR 34647, June 18, 2008; 86 FR 15595, Mar. 24, 2021] | (a)(1) Refrigerant recycling equipment must be certified by the Administrator or an independent standards testing organization approved by the Administrator under § 82.38 to meet the following standard: (2) Equipment that recovers and recycles CFC-12 refrigerant must meet the standards set forth in appendix A of this subpart (Recommended Service Procedure for the Containment of CFC-12, Extraction and Recycle Equipment for Mobile Automotive Air-Conditioning Systems, and Standard of Purity for Use in Mobile Air Conditioning Systems). (3) Equipment that recovers but does not recycle CFC-12 refrigerant must meet the standards set forth in appendix B of this subpart (Recommended Service Procedure for the Containment of CFC-12 and Extraction Equipment for Mobile Automotive Air-Conditioning Systems). (4) Effective January 1, 2008, equipment that recovers and recycles HFC-134a refrigerant and equipment that recovers and recycles HFC-134a refrigerant and recharges systems with HFC-134a refrigerant must meet the standards set forth in Appendix C of this subpart based upon J2788—HFC-134a (R-134a) Recovery/Recycling Equipment and Recovery/Recycling/Recharging for Mobile Air-Conditioning Systems. (5) Effective October 31, 2008, equipment that recovers but does not recycle HFC-134a refrigerant must meet the standards set forth in Appendix D of this subpart based upon J2810—HFC-134a (R-134a) Recovery Equipment Mobile Air-Conditioning Systems. (6) Equipment that recovers and recycles both CFC-12 and HFC-134a using common circuitry must meet the standards set forth in appendix E of this subpart (Automotive Refrigerant Recycling Equipment Intended for Use with both CFC-12 and HFC-134a, Recommended Service Procedure for the Containment of CFC-12, and Recommended Service Procedure for the Containment of HFC-134a). (7) Equipment that recovers but does not recycle refrigerants other than CFC-12, HFC-134a, and HFO-1234yf must meet the standards set forth in appendix F of this subpart (Recover-Only Equipment that Extracts a Single… | |||
| 40:40:21.0.1.1.1.2.1.6 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.38 Approved independent standards testing organizations. | EPA | [57 FR 31261, July 14, 1992, as amended at 60 FR 21687, May 2, 1995; 62 FR 68048, Dec. 30, 1997; 86 FR 15595, Mar. 24, 2021] | (a) Any independent standards testing organization may apply for approval by the Administrator to certify equipment as meeting the standards in § 82.36(a) and appendices A, B, C, D, E, and F to this subpart, as applicable. The application shall be sent to: MVACs Recycling Program Manager, Stratospheric Protection Division (6205T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460. (b) Applications for approval must document the following: (1) That the organization has the capacity to accurately test whether refrigerant recycling equipment complies with the applicable standards. In particular, applications must document: (i) The equipment present at the organization that will be used for equipment testing; (ii) The expertise in equipment testing and the technical experience of the organization's personnel; (iii) Thorough knowledge of the standards as they appear in the applicable appendices of this subpart; and (iv) The test procedures to be used to test equipment for compliance with applicable standards, and why such test procedures are appropriate for that purpose. (2) That the organization has no conflict of interest and will receive no financial benefit based on the outcome of certification testing; and (3) That the organization agrees to allow the Administrator access to verify the information contained in the application. (c) If approval is denied under this section, the Administrator shall give written notice to the organization setting forth the basis for his or her determination. (d) If at any time an approved independent standards testing organization is found to be conducting certification tests for the purposes of this subpart in a manner not consistent with the representations made in its application for approval under this section, the Administrator reserves the right to revoke approval. | |||
| 40:40:21.0.1.1.1.2.1.7 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.40 Technician training and certification. | EPA | [57 FR 31261, July 14, 1992, as amended at 60 FR 21688, May 2, 1995; 62 FR 68048, Dec. 30, 1997; 86 FR 15595, Mar. 24, 2021] | (a) Any technician training and certification program may apply for approval, in accordance with the provisions of this paragraph, by submitting to the Administrator at the address in § 82.38(a) verification that the program meets all of the following standards: (1) Training. Each program must provide adequate training, through one or more of the following means: on-the-job training, training through self-study of instructional material, or on-site training involving instructors, videos or a hands-on demonstration. (2) Test subject material. The certification tests must adequately and sufficiently cover the following: (i) The standards established for the service and repair of MVACs and MVAC-like appliances as set forth in § 82.36(a) and appendices A, B, C, D, E, and F to this subpart. These standards relate to the recommended service procedures for the containment of refrigerant, extraction equipment, extraction and recycle equipment, and the standard of purity for refrigerant in motor vehicle air conditioners. (ii) Anticipated future technological developments, such as the introduction of HFC-134a in new motor vehicle air conditioners. (iii) The environmental consequences of refrigerant release and the adverse effects of stratospheric ozone layer depletion. (iv) As of August 13, 1992, the requirements imposed by the Administrator under section 609 of the Act. (3) Test administration. Completed tests must be graded by an entity or individual who receives no benefit based on the outcome of testing; a fee may be charged for grading. Sufficient measures must be taken at the test site to ensure that tests are completed honestly by each technician. Each test must provide a means of verifying the identification of the individual taking the test. Programs are encouraged to make provisions for non-English speaking technicians by providing tests in other languages or allowing the use of a translator when taking the test. If a translator is used, the certificate received must indicate that translator assistan… | |||
| 40:40:21.0.1.1.1.2.1.8 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.42 Certification, recordkeeping and public notification requirements. | EPA | [57 FR 31261, July 14, 1992, as amended at 60 FR 21688, May 2, 1995; 72 FR 63494, Nov. 9, 2007; 76 FR 49673, Aug. 11, 2011; 78 FR 37977, June 25, 2013; 84 FR 34070, July 17, 2019; 84 FR 44230, Aug. 23, 2019] | (a) Certification requirements. (1) No later than January 1, 1993, any person repairing or servicing motor vehicle air conditioners for consideration shall certify to the Administrator that such person has acquired, and is properly using, approved equipment and that each individual authorized to use the equipment is properly trained and certified. Certification shall take the form of a statement signed by the owner of the equipment or another responsible officer and setting forth: (i) The name of the purchaser of the equipment; (ii) The address of the establishment where the equipment will be located; and (iii) The manufacturer name and equipment model number, the date of manufacture, and the serial number of the equipment. The certification must also include a statement that the equipment will be properly used in servicing motor vehicle air conditioners, that each individual authorized by the purchaser to perform service is properly trained and certified in accordance with § 82.40, and that the information given is true and correct. (A) Owners or lessees of recycling or recovery equipment having their places of business in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont must send their certifications to: CAA section 609 Enforcement Contact; EPA Region I; Mail Code 04-2; 5 Post Office Square—Suite 100, Boston, MA 02109-3912. (B) Owners or lessees of recycling or recovery equipment having their places of business in New York, New Jersey, Puerto Rico, Virgin Islands must send their certifications to: CAA section 609 Enforcement Contact; EPA Region II (2DECA-AC); 290 Broadway, 21st Floor; New York, NY 10007-1866. (C) Owners or lessees of recycling or recovery equipment having their places of business in Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia must send their certifications to: CAA section 609 Enforcement Contact; EPA Region III—Wheeling Operations Office; Mail Code 3AP12; 303 Methodist Building; 11th and Chapline Streets; Wheeling, WV 26003.… | |||
| 40:40:21.0.1.1.1.3.1.1 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | C | Subpart C—Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured With Class II Substances | § 82.60 Purpose. | EPA | The purpose of this subpart is to implement the requirements of sections 608 and 610 of the Clean Air Act as amended in 1990 on emission reductions and nonessential products. | ||||
| 40:40:21.0.1.1.1.3.1.2 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | C | Subpart C—Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured With Class II Substances | § 82.62 Definitions. | EPA | [58 FR 69675, Dec. 30, 1993, as amended at 61 FR 64427, Dec. 4, 1996; 66 FR 57522, Nov. 15, 2001; 85 FR 15300, Mar. 17, 2020] | For purposes of this subpart: Chlorofluorocarbon means any substance listed as Class I group I or Class I group III in 40 CFR part 82, appendix A to subpart A. Class II Substance means any substance designated as class II in 40 CFR part 82, appendix B to subpart A. Commercial, when used to describe the purchaser of a product, means a person that uses the product in the purchaser's business or sells it to another person and has one of the following identification numbers: (1) A federal employer identification number; (2) A state sales tax exemption number; (3) A local business license number; or (4) A government contract number. Consumer, when used to describe a person taking action with regard to a product, means the ultimate purchaser, recipient or user of a product. Distributor, when used to describe a person taking action with regard to a product means: (1) The seller of a product to a consumer or another distributor; or (2) A person who sells or distributes that product in interstate commerce for export from the United States. Foam Insulation Product, when used to describe a product containing or consisting of plastic foam, means a product containing or consisting of the following types of foam: (1) Closed cell rigid polyurethane foam; (2) Closed cell rigid polystyrene boardstock foam; (3) Closed cell rigid phenolic foam; and (4) Closed cell rigid polyethylene foam when such foam is suitable in shape, thickness and design to be used as a product that provides thermal insulation around pipes used in heating, plumbing, refrigeration, or industrial process systems. Hydrochlorofluorocarbon means any substance listed as class II in 40 CFR part 82, appendix B to subpart A. Initial Inventory means that the original product has completed all of its manufacturing processes and is ready for sale by the manufacturer. Products in initial inventory may be subsequently incorporated into another product by a different manufacturer after purchase. To continue selling products after the effective dat… | |||
| 40:40:21.0.1.1.1.3.1.3 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | C | Subpart C—Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured With Class II Substances | § 82.64 Prohibitions. | EPA | [58 FR 69675, Dec. 30, 1993, as amended at 85 FR 15300, Mar. 17, 2020] | (a) Effective February 16, 1993, 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(a). (b) Effective February 16, 1993, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products specified in § 82.66(b) to a person who does not provide proof of being a commercial purchaser, as defined under § 82.62. (c) Effective January 17, 1994, 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(c) or § 82.66(d) except as permitted under § 82.65(g). (d) Except as permitted under § 82.65, effective January 1, 1994, no person may sell or distribute, or offer for sale or distribution, in interstate commerce any product identified as being nonessential in § 82.70(a) or § 82.70(c). (e) Except as permitted under § 82.65, effective January 1, 1994, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products specified in § 82.70(b) to a person who does not provide proof of being a commercial purchaser, as defined under § 82.62. (f) Except as permitted under § 82.65(d), effective January 1, 1996, no person may sell or distribute, or offer for sale or distribution, in interstate commerce any product identified as being nonessential in § 82.70(c)(ii). (g) It is a violation of this subpart to sell or distribute, or offer for sale or distribution, products effected by the provisions of § 82.68 if the seller knew or should have known that the purchaser was purchasing the product for a prohibited application. (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). | |||
| 40:40:21.0.1.1.1.3.1.4 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | C | Subpart C—Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured With Class II Substances | § 82.65 Temporary exemptions. | EPA | [58 FR 69675, Dec. 30, 1993, as amended at 66 FR 57522, Nov. 15, 2001] | (a) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any products specified as nonessential in § 82.70 which are manufactured and placed into initial inventory by December 31, 1993. (b) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any products specified as nonessential in § 82.70 which are manufactured and placed into initial inventory within the date 90 days after the effective date of any federal approvals required for product reformulation, where application for the required approval was timely and properly submitted to the approving federal agency prior to January 1, 1994. (c)(1) Any person may sell or distribute or offer to sell or distribute, in interstate commerce, at any time, any products specified as nonessential in § 82.70 which are manufactured and placed into initial inventory within 45 days after the receipt of denial by any federal agency of an application for reformulation where initial application for the required approval was timely and properly submitted to the approving federal agency prior to January 1, 1994. (2) If, within 45 days of receipt of a denial of an application for reformulation, a person submits a new viable application for federal approval of a reformulation, that person may continue to sell and distribute, or offer to sell and distribute until 45 days of denial of that application. (d) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any integral skin foam utilized to provide for motor vehicle safety in accordance with Federal Motor Vehicle Safety Standards, which are manufactured and placed into initial inventory prior to January 1, 1996. (e) Any person selling or distributing, or offering to sell or distribute, any product specified in this section after January 1, 1994, or January 1, 1996 for paragraph (d) of this section, or after January 17, 1994 for any product specified in paragraph (g) of this sectio… | |||
| 40:40:21.0.1.1.1.3.1.5 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | C | Subpart C—Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured With Class II Substances | § 82.66 Nonessential Class I products and exceptions. | EPA | [58 FR 69675, Dec. 30, 1993, as amended at 66 FR 57522, Nov. 15, 2001; 85 FR 15300, Mar. 17, 2020] | The following products which release a Class I substance (as defined in 40 CFR part 82, appendix A to subpart A) are identified as being nonessential, and subject to the prohibitions specified under § 82.64— (a) Any plastic party streamer or noise horn which is propelled by a chlorofluorocarbon, including but not limited to— (1) String confetti; (2) Marine safety horns; (3) Sporting event horns; (4) Personal safety horns; (5) Wall-mounted alarms used in factories or other work areas; and (6) Intruder alarms used in homes or cars. (b) Any cleaning fluid for electronic and photographic equipment which contains a chlorofluorocarbon: (1) Including but not limited to liquid packaging, solvent wipes, solvent sprays, and gas sprays; and (2) Except for those sold or distributed to a commercial purchaser. (c) Any plastic foam product which is manufactured with or contains a Class I substance; except any plastic foam product blown with CFC-11, but which contains no other Class I substances and where this product is used to provide thermal protection to external tanks for space vehicles; (d) Any aerosol product or other pressurized dispenser, other than those banned in § 82.64(a) or § 82.64(b), which contains a chlorofluorocarbon, (1) Including but not limited to household, industrial, automotive and pesticide uses, (2) Except— (i) Medical devices listed in 21 CFR 2.125(e); (ii) Lubricants, coatings or cleaning fluids for electrical or electronic equipment, which contain CFC-11, CFC-12, or CFC-113 for solvent purposes, but which contain no other CFCs; (iii) Lubricants, coatings or cleaning fluids used for aircraft maintenance, which contain CFC-11 or CFC-113 as a solvent, but which contain no other CFCs; (iv) Mold release agents used in the production of plastic and elastomeric materials, which contain CFC-11 or CFC-113 as a solvent, but which contain no other CFCs, and/or mold release agents that contain CFC-12 as a propellant, but which contain no other CFCs; (v) Spinnerette lubricant/cleaning sprays us… | |||
| 40:40:21.0.1.1.1.3.1.6 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | C | Subpart C—Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured With Class II Substances | § 82.68 Verification and public notice requirements. | EPA | [58 FR 69675, Dec. 30, 1993, as amended at 61 FR 64427, Dec. 4, 1996] | (a) Effective February 16, 1993, any person who sells or distributes any cleaning fluid for electronic and photographic equipment which contains a chlorofluorocarbon must verify that the purchaser is a commercial entity as defined in § 82.62. In order to verify that the purchaser is a commercial entity, the person who sells or distributes this product must request documentation that proves the purchaser's commercial status by containing one or more of the commercial identification numbers specified in § 82.62(b). The seller or distributor must have a reasonable basis for believing that the information presented by the purchaser is accurate. (b) Effective February 16, 1993, any person who sells or distributes any cleaning fluid for electronic and photographic equipment which contains a chlorofluorocarbon must prominently display a sign where sales of such product occur which states: “It is a violation of federal law to sell, distribute, or offer to sell or distribute, any chlorofluorocarbon-containing cleaning fluid for electronic and photographic equipment to anyone who is not a commercial user of this product. The penalty for violating this prohibition can be up to $25,000 per sale. Individuals purchasing such products must present proof of their commercial status in accordance with § 82.68(a).” (c) Effective January 1, 1994, any person who sells or distributes any aerosol or pressurized dispenser of cleaning fluid for electronic and photographic equipment which contains a class II substance must verify that the purchaser is a commercial entity as defined in § 82.62(b). In order to verify that the purchaser is a commercial entity, the person who sells or distributes this product must request documentation that proves the purchaser's commercial status by containing one or more of the commercial identification numbers specified in § 82.62(b). (d) Effective January 1, 1994, any person who sells or distributes any aerosol or other pressurized dispenser of cleaning fluid for electronic and photographic equipment w… | |||
| 40:40:21.0.1.1.1.3.1.7 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | C | Subpart C—Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured With Class II Substances | § 82.70 Nonessential Class II products and exceptions. | EPA | [58 FR 69675, Dec. 30, 1993, as amended at 61 FR 64427, Dec. 4, 1996] | The following products which release a class II substance (as designated as class II in 40 CFR part 82, appendix B to subpart A) are identified as being nonessential and the sale or distribution of such products is prohibited under § 82.64 (d), (e), or (f)— (a) Any aerosol product or other pressurized dispenser which contains a class II substance: (1) Including but not limited to household, industrial, automotive and pesticide uses; (2) Except— (i) Medical devices listed in 21 CFR 2.125(e); (ii) Lubricants, coatings or cleaning fluids for electrical or electronic equipment, which contain class II substances for solvent purposes, but which contain no other class II substances; (iii) Lubricants, coatings or cleaning fluids used for aircraft maintenance, which contain class II substances for solvent purposes but which contain no other class II substances; (iv) Mold release agents used in the production of plastic and elastomeric materials, which contain class II substances for solvent purposes but which contain no other class II substances, and/or mold release agents that contain HCFC-22 as a propellant where evidence of good faith efforts to secure alternatives indicates that, other than a class I substance, there are no suitable alternatives; (v) Spinnerette lubricants/cleaning sprays used in the production of synthetic fibers, which contain class II substances for solvent purposes and/or contain class II substances for propellant purposes; (vi) Document preservation sprays which contain HCFC-141b as a solvent, but which contain no other class II substance; and/or which contain HCFC-22 as a propellant, but which contain no other class II substance and which are used solely on thick books, books with coated, dense or paper and tightly bound documents; (vii) Portable fire extinguishing equipment used for non-residential applications; and (viii) Wasp and hornet sprays for use near high-tension power lines that contain a class II substance for solvent purposes only, but which contain no other class II subst… | |||
| 40:40:21.0.1.1.1.4.1.1 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | D | Subpart D—Federal Procurement | § 82.80 Purpose and scope. | EPA | (a) The purpose of this subpart is to require Federal departments, agencies, and instrumentalities to adopt procurement regulations which conform to the policies and requirements of title VI of the Clean Air Act as amended, and which maximize the substitution in Federal procurement of safe alternatives, as identified under section 612 of the Clean Air Act, for class I and class II substances. (b) The regulations in this subpart apply to each department, agency, and instrumentality of the United States. | ||||
| 40:40:21.0.1.1.1.4.1.2 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | D | Subpart D—Federal Procurement | § 82.82 Definitions. | EPA | (a) Class I substance means any substance designated as class I by EPA pursuant to 42 U.S.C. 7671(a), including but not limited to chlorofluorocarbons, halons, carbon tetrachloride and methyl chloroform. (b) Class II substance means any substance designated as class II by EPA pursuant to 42 U.S.C. 7671(a), including but not limited to hydrochlorofluorocarbons. (c) Controlled substance means a class I or class II ozone-depleting substance. (d) Department, agency and instrumentality of the United States refers to any executive department, military department, or independent establishment within the meaning of 5 U.S.C. 101, 102, and 104(1), respectively, any wholly owned Government corporation, the United States Postal Service and Postal Rate Commission, and all parts of and establishments within the legislative and judicial branches of the United States. | ||||
| 40:40:21.0.1.1.1.4.1.3 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | D | Subpart D—Federal Procurement | § 82.84 Requirements. | EPA | (a) No later than October 24, 1994, each department, agency and instrumentality of the United States shall conform its procurement regulations to the requirements and policies of title VI of the Clean Air Act, 42 U.S.C. 7671-7671g. Each such regulation shall provide, at a minimum, the following: (1) That in place of class I or class II substances, or of products made with or containing such substances, safe alternatives identified under 42 U.S.C. 7671k (or products made with or containing such alternatives) shall be substituted to the maximum extent practicable. Substitution is not required for class II substances identified as safe alternatives under 42 U.S.C. 7671k, or for products made with or containing such substances, and such substances may be used as substitutes for other class I or class II substances. (2) That, consistent with the phaseout schedules for ozone-depleting substances, no purchases shall be made of class II substances, or products containing class II substances, for the purpose of any use prohibited under 42 U.S.C. 7671d(c); (3) That all active or new contracts involving the performance of any service or activity subject to 42 U.S.C. 7671g or 7671h or regulations promulgated thereunder include, or be modified to include, a condition requiring the contractor to ensure compliance with all requirements of those sections and regulations; (4) That no purchases shall be made of products whose sale is prohibited under 42 U.S.C. 7671h, except when they will be used by persons certified under section 609 to service vehicles, and no purchase shall be made of nonessential products as defined under 42 U.S.C. 7671i; (5) That proper labeling under 42 U.S.C. 7671j shall be a specification for the purchase of any product subject to that section. (b) For agencies subject to the Federal Acquisition Regulation, 48 CFR part 1, amendment of the FAR, consistent with this subpart, shall satisfy the requirement of this section. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);