(a) Application-specific allowances are available to entities for calendar years 2022, 2023, 2024, and 2025 that use a regulated substance in the following applications:
(1) As a propellant in metered dose inhalers;
(2) In the manufacture of defense sprays;
(3) In the manufacture of structural composite preformed polyurethane foam for marine use and trailer use;
(4) In the etching of semiconductor material or wafers and the cleaning of chemical vapor deposition chambers within the semiconductor manufacturing sector;
(5) For mission-critical military end uses; and
(6) For on board aerospace fire suppression.
(b) Entities identified in paragraph (a) of this section must request application-specific allowances by July 31 of the calendar year prior to the year in which the allowances may be used starting with the calendar year 2023 allocation. The application must include the information required in § 84.31(h)(2) except for applications for mission-critical military end uses, which must include the information required in § 84.31(h)(3).
(1) Entities must provide additional information if requesting that EPA consider unique circumstances that are not reflected by the rates of growth calculated in paragraph (c)(1) of this section. The relevant agency official will consider the following situations as unique circumstances:
(i) Demonstrated manufacturing capacity coming on line;
(ii) The acquisition of another domestic manufacturer or its manufacturing facility or facilities; or
(iii) A global pandemic or other public health emergency that increases patients diagnosed with medical conditions treated by metered dose inhalers.
(2) [Reserved]
(c) The relevant agency official will determine the quantity of application-specific allowances to issue to each company by:
(1) Taking the higher of the use of regulated substances by the company in the specific application in the prior year multiplied by:
(i) The average growth rate of use for the company over the past three years; or
(ii) The average growth rate of use by all companies requesting allowances for that specific application over the past three years; and
(2) Accounting for any additional information provided regarding unique circumstances described in paragraph (b)(1) of this section; and
(3) Subtracting out any general pool allowances allocated to the company for that calendar year.
(d)
(1) EPA will allocate application-specific allowances by October 1 of the calendar year prior to the year in which the allowances may be used. The relevant agency official will issue, through a separate notification, application-specific allowances to eligible entities consistent with paragraphs (a) through (c) of this section.
(2) EPA will provide public notice by that date of the list of entities receiving application-specific allowances, the quantity of allowances for each entity, and the specific application(s) for which the allowances may be used.
(e) Entities that use regulated substances in one of the six applications listed in paragraph (a) of this section and were not issued allowances as of October 1, 2021, may request allowances under the procedure in § 84.15. Such entities must meet the criteria for eligibility in this section and are subject to the requirements of this section and § 84.31(h).
(f) EPA will publish a list of entities allocated application-specific allowances, the application for which they may use regulated substances, and the quantity of allowances allocated.
(g) Application-specific allowances may be expended for either the import or production of a regulated substance.
(h) Entities allocated application-specific allowances may confer application-specific allowances to a producer, importer, or other supplier without being subject to the offset required of transfers of allowances in § 84.19. The recipient of a conferred application-specific allowance may continue to confer the allowance until it is expended for production or import. When conferring application-specific allowances, the conferring party must provide a statement certifying that the regulated substances produced or imported with the conferred allowances will only be used for the application-specific use associated with the allowance(s). The producer(s), importer(s), and/or supplier(s) receiving application-specific allowances must certify to the conferring party that they will not sell regulated substances produced or imported with application-specific allowances for any application or use other than the application-specific use associated with the allowance(s).
[86 FR 55201, 55208, Oct. 5, 2021]