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This part prohibits the manufacture, processing, and distribution in commerce of fully halogenated chlorofluoroalkanes for those aerosol propellant uses which are subject to the Toxic Substances Control Act (TSCA), requires submission of annual reports, and lists the exemptions to the prohibitions.  yOx  762.3 Definitions. For the purposes of this part:  {O  (a) The term aerosol propellant means a liquefied or compressed gas in a container where the purpose of the liquefied or compressed gas is to expel from the container liquid or solid material different from the aerosol propellant.  {O*#  (b) The term person includes any natural person, corporation, firm, company, joint venture, partnership, sole proprietorship, association, or any other business entity, any State or political subdivision thereof, any municipality, any interstate body and any department, agency, or instrumentality of the Federal Government.  {O%  (c) The term nonconsumer article means any article subject to TSCA which is not a ``consumer product'' within the meaning of the Consumer Product Safety Act (CPSA), 15 U.S.C. 2052.  {O'  (d) The terms Administrator, chemical substance, commerce, distribute in commerce, manufacture, process,'0*((  {O processor, State, and United States have the same meanings as in 15 U.S.C. 2602.  yO , Subpart B--[Reserved] 6   yO"   Subpart C--Prohibitions, Exemptions, and Certification Requirements 6   yOz  762.45 Manufacturing. (a) After October 15, 1978, no person may manufacture, except to import, any fully halogenated chlorofluoroalkane for any aerosol propellant use except as follows: (1) For use in an article which is a food, food additive, drug, cosmetic, or device exempted under 15 U.S.C.  yOb 2602;Lb ¯ aE #eJ\  PC P#эThe Food and Drug Administration has promulgated separate regulations on use of fully halogenated chlorofluoroalkanes in these articles at 21 CFR 2.125. or (2) For those essential uses listed in 762.58. (3) For exempted uses listed in 762.59. (b) After December 15, 1978, no person may import into the customs territory of the United States any fully halogenated chlorofluoroalkane, whether as a chemical substance or as a component of a mixture or article, for any aerosol propellant use except as follows: (1) For use in an article which is a food, food additive, drug, cosmetic, or device exempted under 15 U.S.C. 2602; or (2) For those essential uses listed in 762.58. (3) For exempted uses listed in 762.59. (c) Every person manufacturing fully halogenated chlorofluoroalkanes for aerosol propellant uses after October 15, 1978, must obtain a signed statement from every person purchasing the fully halogenated chlorofluoroalkanes from him for any use. This statement must specify whether the fully halogenated chlorofluoroalkanes are being purchased: (1) For aerosol propellant uses permitted under either 40 CFR Part 762 or 21 CFR 2.125, or (2) For other uses.  yO  762.50 Processing. (a) After December 15, 1978, no person may process any fully halogenated chlorofluoroalkane into any aerosol propellant article except as follows: (1) For use in an article which is a food, food additive, drug, cosmetic, or device exempted under 15 U.S.C. 2602; or (2) For those essential uses listed in 762.58. (3) For exempted uses listed in 762.59. (b) After December 15, 1978, no person may process any fully halogenated chlorofluoroalkane into any aerosol propellant article intended for export except as follows: (1) For use in an article which is a food, food additive, drug, cosmetic, or device exempted under 15 U.S.C. 2602; or (2) For those essential uses listed in 762.58. (3) For exempted uses listed in 762.59. $0*((Ԍ yO ԙ 762.55 Distribution in commerce. After December 15, 1978, no person may distribute in commerce any fully halogenated chlorofluoroalkane for processing into any aerosol propellant article except as follows: (a) For use in an article which is a food, food additive, drug, cosmetic, or device exempted under 15 U.S.C. 2602; or (b) For those essential uses listed in 762.58. (c) For exempted uses listed in 762.59.  yO  762.58 Essential use exemptions. The following aerosol propellant uses of fully halogenated chlorofluoroalkanes are essential and exempt from 762.45, 762.50 and 762.55: (a) Mercaptan stench warning devices. (b) Release agent for molds used in the production of plastic and elastomeric materials.  {O  (c) Flying insect pesticides: (1) For use in nonresidential food handling areas, and (2) for space spraying of aircraft. (d) Diamond-grit spray. (e) Nonconsumer articles used as cleaner-solvents, lubricants, or coatings for electrical or electronic equipment. (f) Articles necessary for safe maintenance and operation of aircraft. (g) Uses essential to the military preparedness of the United States as determined by the Administrator and the Secretary of Defense. (h) Pharmaceutical rotary tablet press punch lubricants. (i) Automatic timed-release insecticide dispensing system for facilities in which tobacco is stored for three or more years, for use from May 18, 1981 to December 31, 1981. (Sec. 6, 90 Stat. 2020; (15 U.S.C. 2605)) [45 FR 43721, June 30, 1980, as amended at 46 FR 27122, May 18, 1981; 47 FR 149, 150, Jan. 5, 1982]  yO  762.59 Special exemptions. (a) Inkless fingerprinting systems until August 1, 1981. (b) Exemption for producers of pyrethrin pesticide formulations. (1) Producers of pyrethrin pesticide formulations are exempt from 762.50 for the purpose of processing fully halogenated chlorofluoroalkane aerosol propellants into pyrethrin aerosol propellant articles (containers) if the containers were ordered before June 30, 1978. This exemption is conditional upon notifying EPA before the chlorofluoroalkanes are processed of: (i) The number of aerosol propellant article containers to be filled, (ii) The date the aerosol containers were ordered from a supplier, (iii) Any serial numbers that can be used to identify these containers, and (iv) The quantity of fully halogenated chlorofluoroalkanes needed to fill the containers. (2) The information specified in paragraph (b)(1) of this section must be sent to the Pesticides and Toxic Substances Enforcement Division, U.S. Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. (c) Effective June 1, 1982, Virginia Chemicals Inc. (VCI) may process chlorofluorocarbons (CFCs) for incorporation into its automatic timed-release insecticide dispensing A-System for use before December 31, 1982. This exemption is further limited by the following conditions: (1) Sales shall be made only to VCI's 1981 A-System customers for use limited to those tobacco storage facilities where the A-System was employed in 1981.'0*((Ԍ (2) The total volume of CFCs which can be processed in 1982 for the A-System by VCI shall also be limited to the total volume processed for the A-System in 1981. The Agency may authorize the processing of a total volume of CFCs for the A-System in 1982 which exceeds by no more than twenty percent (20%) the total volume processed in 1981. The Director of the Pesticides and Toxic Substances Enforcement Division will authorize such an increase upon a finding that VCI has submitted data which substantiates that the 1982 insect infestation is substantially more severe and more lengthy than the 1981 infestation. (3) The total volume of CFCs which may be processed for the A-System in 1982 is to be determined in the following manner. (i) First, determine the total volume of CFCs processed for the A-System in 1981. (ii) Second, determine the total volume of CFCs processed for the A-System which was in VCI's inventory on January 1, 1982, including the total volume of CFCs in canisters which have been returned to VCI for refilling. (iii) Third, determine the volume of CFCs in A-System canisters which remain in the 1981 customers' inventories. This listing must be certified as accurate by each customer. (iv) Fourth, subtract the combined amounts determined in (ii) and (iii) from the total volume of CFCs processed for the A-System in 1981, to determine the volume of CFCs which may be processed for A-System use in 1982. (v) These calculations must be submitted to EPA's Pesticides and Toxic Substances Enforcement Division, prior to commencing any processing of CFCs for the A-System in 1982, and no later than one month after the effective date of this rule. (4) By July 1, 1982, VCI shall submit to EPA's Pesticides and Toxic Substances Enforcement Division (PTSED) [EN - 342], Mr. Ralph Turpin, Acting Chief, Case Development and Legal Branch, 401 M Street SW., Washington, DC 20460 (202 - 755 - 0899), the following information: (i) The total volume of CFCs purchased by VCI in 1981, and from whom they were purchased. (ii) The total volume of processed and unprocessed CFCs that VCI had in its inventory on January 1, 1981 and on January 1, 1982. (iii) The total volume of CFCs processed for the A-System that VCI had in its inventory on January 1, 1981 and on January 1, 1982. (iv) The total volume of CFCs that VCI's 1981 customers of the A-system had in their inventories on January 1, 1981 and on January 1, 1982. (v) The total volume of CFCs processed for the A-System in 1981. (vi) The total volume of CFCs sold in the A-System in 1981. (vii) A list of the 1981 A-System customers. (viii) The total volume of CFCs for the A-System which each customer was sold in 1981. This shall include the total number of A-System canisters sold to each customer and the total number of used canisters returned to VCI from each customer. (5) By January 31, 1983, VCI shall submit to EPA's Pesticides and Toxic Substances Enforcement Division (PTSED) [EN - 342], Mr. Ralph Turpin, Acting Chief, Case Development and Legal Branch, 401 M Street SW., Washington, DC 20460 (202 - 755 - 0899), the following information: (i) The total volume of CFCs purchased by VCI in 1982, and from whom they were purchased. (ii) The total volume of processed and unprocessed CFCs that VCI had in its inventory on January 1, 1983. (iii) The total volume of CFCs processed for the A-System that VCI had in its inventory on January 1, 1983. (iv) The total volume of CFCs that VCI's 1981 customers of the A-System had in their inventories on January 1, 1983. (v) The total volume of CFCs processed for the A-System in 1982. (vi) The total volume of CFCs sold in the A-System in 1982. (vii) A list of 1982 A-System customers. (viii) The total volume of CFCs for the A-System which each customer was sold in 1982. This shall include the total number of A-System canisters sold to each customer and the total number of used canisters returned to VCI from each customer. (6) By July 1, 1982, VCI shall notify in writing its 1981 customers of the A-System that the CFC-propelled system will no longer be sold for use after December 31, 1982. (Sec. 6, 90 Stat. 2020, (15 U.S.C. 2065)'0*((Ԍ[45 FR 43721, June 30, 1980, as amended at 47 FR 23716, June 1, 1982]  yO '; Subpart D--Records and Reports 6   yO  762.60 General reporting requirements. (a) Annual reports must be submitted by March 31, 1980, 1981, and 1982. The 1980 manufacturers report must cover manufacturing from October 16, 1978, through December 31, 1979. The 1980 processors report must cover processing from December 16, 1978, through December 31, 1979. Subsequent annual reports must provide information for the preceding calendar year. (b) Annual reports must be submitted to the Pesticides and Toxic Substances Enforcement Division, Office of Enforcement (EN - 342), Environmental Protection Agency, 401 M Street SW., Washington, DC 20460. (c) Annual reports must be submitted by registered mail.  yO  762.65 Manufacturers of fully halogenated chlorofluoroalkanes for aerosol propellant uses. (a) Every person who after October 15, 1978, manufactures fully halogenated chlorofluoroalkanes for aerosol propellant uses subject to the TSCA must submit an annual report. (b) Every annual report submitted by a manufacturer must contain the following information and conform to the following format: (1) Page one: (i) Name of business, (ii) Business address, (iii) Chief executive officer, (iv) Addresses of all facilities at which fully halogenated chlorofluoroalkanes are manufactured, (v) Name, business address, and telephone number of individual most knowledgeable of the contents of this report. This report covers manufacture of fully halogenated chlorofluoroalkanes for aerosol propellant uses from (date to date).  yOp  (2) Page two (and subsequent pages if necessary): #dZ6X@K@#  Quantity for Total aerosol Quantity for Purchaser Shipping quantity propellant other uses addresses purchased uses (in (in pounds) (in pounds) pounds)  List name of customers who purchased for aerosol propellant uses (List) (List) (List) (List)  #]\  PC 0P# State total quantity in pounds of fully halogenated chlorofluoroalkanes manufactured for all uses for the time period covered by this report. (3) At the bottom of the last page make the following statement and certification: I understand that I may assert a claim of business confidentiality by marking any part or all of this information as ``TSCA Confidential Business Information'' and that information so marked will not be disclosed except in accordance with the procedures set forth in 40 CFR Part 2. I further understand that if I do not mark this information as confidential, EPA may disclose it publicly without providing me notice of an opportunity to object. I certify that to the best of my knowledge the contents of this report are accurate and complete. '0*((ԌDate------------------------------------------------------------------------ Signed---------------------------------------------------------------------- Position Title-------------------------------------------------------------- (4) The statement and certification required by paragraph (b)(3) of this section must be signed by the chief executive officer of the manufacturer.  yO  762.70 Processors of fully halogenated chlorofluoroalkanes for aerosol propellant uses. (a) Every person who after December 15, 1978, processes fully halogenated chlorofluoroalkanes for aerosol propellant uses subject to the TSCA must submit an annual report. A separate report must be submitted for each processing facility. (b) Every report submitted by a processor must contain the following information and conform to the following format: (1) Page one: (i) Name of business, (ii) Business address, (iii) Chief executive officer, (iv) Facility address, (v) Name, business address, and telephone number of individual most knowledgeable of the contents of this report. This report covers purchases and processing of fully halogenated chlorofluoroalkanes for aerosol propellant uses from (date to date). (2) Page two (and subsequent pages if necessary): Purchases of fully halogenated chlorofluoroalkanes:  {M Purchased from/Quantity purchased (in pounds) (List names and business addresses )/(List). Processing of fully halogenated chlorofluoroalkanes:  {MX Use and Quantity (in pounds) 1. Mercaptan mine warning device (list). 2. Release agent. 3. Pesticides. 4. Diamond-grit spray. 5. Electrical/electronic. 6. Aviation. 7. Defense. 8. Food, food additives, drugs, cosmetics, and devices. 9. Other (explain). (3) At the bottom of the last page make the following statement and certification: I understand that I may assert a claim of business confidentiality by marking any part or all of this information as ``TSCA Confidential Business Information'' and that information so marked will not be disclosed except in accordance with the procedures set forth in 40 CFR Part 2. I further understand that if I do not mark this information'0*(( as confidential, EPA may disclose it publicly without providing me notice of an opportunity to object. I certify that to the best of my knowledge the contents of this report are accurate and complete. Date------------------------------------------------------------------------ Signed---------------------------------------------------------------------- Position Title-------------------------------------------------------------- (4) The statement and certification required by paragraph (b)(3) of this section must be signed by the highest official at the processing facility for which the report is being submitted.