[Code of Federal Regulations]

[Title 40, Volume 17]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR82.65]



[Page 564-565]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 82_PROTECTION OF STRATOSPHERIC OZONE--Table of Contents

 

Subpart C_Ban on Nonessential Products Containing Class I Substances and 

 Ban on Nonessential Products Containing or Manufactured With Class II 

                               Substances

 

Sec.  82.65  Temporary exemptions.



    (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 Sec.  82.70 which are manufactured and placed into 

initial inventory by December 31, 1993.



[[Page 565]]



    (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 Sec.  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 Sec.  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 section, 

must retain proof that such product was manufactured and placed into 

initial inventory before the relevant date specified in this section. 

Such proof may take the form of shipping forms, lot numbers, 

manufacturer date stamps, invoices or equivalent business records.

    (f) Any person may sell or distribute, or offer to sell or 

distribute, in interstate commerce, any aircraft pesticide containing 

class I until an alternative aircraft pesticide containing class II is 

available in interstate commerce.

    (g) Any person may sell or distribute, or offer to sell or 

distribute, in interstate commerce, at any time, any replacement part 

that was manufactured with, or contains a class I substance or was 

packaged in material that was manufactured with or contains a class I 

substance only if:

    (1) The replacement part was manufactured for use in a single model 

of a product; and

    (2) The replacement part and product model are no longer 

manufactured; and

    (3) The replacement part was placed into initial inventory prior to 

April 16, 1992.

    (h) Any person may sell or distribute, or offer to sell or 

distribute, in interstate commerce, at any time, any air-conditioning or 

refrigeration products specified as nonessential in Sec.  82.66(e) that 

are manufactured and placed into initial inventory by January 14, 2002.

    (i) Any person may sell or distribute, or offer to sell or 

distribute, in interstate commerce, at any time, any integral skin foam 

products manufactured with a Class I substance for use in commercial 

aviation and specified as nonessential in Sec.  82.66(c) that are 

manufactured and placed into initial inventory by January 14, 2002.



[58 FR 69675, Dec. 30, 1993, as amended at 66 FR 57522, Nov. 15, 2001]