---
kind: "section"
citation: "40 C.F.R. § 82.122"
title: "40"
number: "82.122"
heading: "Certification, recordkeeping, and notice requirements."
url: "https://uscodex.org/cfr/40/82.122"
---

# §82.122. Certification, recordkeeping, and notice requirements.

- (a) **Certification.**
  - (1) Persons claiming the exemption provided in [§ 82.106(b)(4)](/cfr/40/82.106.md?p=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)](/cfr/40/82.106.md?p=a).
- (b) **Recordkeeping.** Persons claiming the exemption under [section 82.106(b)(2)](/cfr/40/82.106.md?p=b-2) must retain supporting documentation at one of their facilities.
- (c) **Notice Requirements.** Persons who claim an exemption under [§ 82.106(b)(2)](/cfr/40/82.106.md?p=b-2) must submit a notice to the address in [paragraph (a)(1)](#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.

## Notes

### Amendments

[60 FR 4020, Jan. 19, 1995, as amended at 79 FR 64289, Oct. 28, 2014]

### Source

Source: 60 FR 4020, Jan. 19, 1995, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7414, 7601, 7671-7671q.

### Source

Source: 57 FR 33787, July 30, 1992, unless otherwise noted.

### Amendments

[60 FR 4020, Jan. 19, 1995, as amended at 79 FR 64289, Oct. 28, 2014]