['Air Programs']
['Ozone Depleting Substances', 'Chlorofluorocarbons', 'Ozone Layer Protection']
10/23/2023
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(a) Certification. (1) Persons claiming the exemption provided in §82.106(b)(4) must submit a written certification to the following address: Labeling Program Manager, Stratospheric Protection Division, Office of Atmospheric Programs, 6205-T, 1200 Pennsylvania Ave. NW., Washington DC 20460.
(2) The certification must contain the following information:
(i) The exact location of documents verifying calendar year 1990 usage and the 95% reduced usage during a twelve month period;
(ii) A description of the records maintained at that location;
(iii) A description of the type of system used to track usage;
(iv) An indication of which 12 month period reflects the 95% reduced usage, and;
(v) Name, address, and telephone number of a contact person.
(3) Persons who submit certifications postmarked on or before May 15, 1993, need not place warning labels on their products manufactured using CFC-113 or methyl chloroform as a solvent. Persons who submit certifications postmarked after May 15, 1993, must label their products manufactured using CFC-113 or methyl chloroform as a solvent for 14 days following such submittal of the certification.
(4) Persons certifying must also include a statement that indicates their future annual use will at no time exceed 5% of their 1990 usage.
(5) Certifications must be signed by the owner or a responsible corporate officer.
(6) If the Administrator determines that a person's certification is incomplete or that information supporting the exemption is inadequate, then products manufactured using CFC-113 or methyl chloroform as a solvent by such person must be labeled pursuant to §82.106(a).
(b) Recordkeeping. Persons claiming the exemption under section 82.106(b)(2) must retain supporting documentation at one of their facilities.
(c) Notice Requirements. Persons who claim an exemption under §82.106(b)(2) must submit a notice to the address in paragraph (a)(1) of this section within 30 days of the end of any 12 month period in which their usage of CFC-113 or methyl chloroform used as a solvent exceeds the 95% reduction from calendar year 1990.
[60 FR 4020, Jan. 19, 1995, as amended at 79 FR 64289, Oct. 28, 2014]
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['Air Programs']
['Ozone Depleting Substances', 'Chlorofluorocarbons', 'Ozone Layer Protection']
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