---
kind: "section"
citation: "40 C.F.R. § 84.21"
title: "40"
number: "84.21"
heading: "Sale or conveyance of regulated substances produced or imported with application-specific allowances."
url: "https://uscodex.org/cfr/40/84.21"
---

# §84.21. Sale or conveyance of regulated substances produced or imported with application-specific allowances.

- (a) **Sale or conveyance of regulated substances produced or imported using application-specific allowances.**
  - (1) As of January 1, 2022, any person receiving an application-specific allowance (application-specific seller) may sell or convey regulated substances produced or imported by expending that allowance to another person within the same application (application-specific purchaser) provided that the relevant Agency official approves the sale or conveyance.
  - (2) The application-specific seller must submit a claim to the relevant Agency official for approval before the sale or conveyance can take place. The claim must set forth the following:
    - (i) The identities and addresses of the application-specific seller and the application-specific purchaser;
    - (ii) The name, telephone numbers, and email addresses of contact persons for the application-specific seller and the application-specific purchaser;
    - (iii) The amount of each regulated substance being sold or conveyed;
    - (iv) The cost of the regulated substance being sold or conveyed;
    - (v) The application for which allowances were allocated and the specific products that the application-specific purchaser plans to produce with the regulated substances; and
    - (vi) Certification that the regulated substances will be used only for the same application for which the application-specific allowance under which the substances were produced or imported was allocated.
  - (3) The application-specific purchaser must submit a letter to the relevant Agency official stating that it concurs with the terms of the sale or conveyance as requested by the application-specific seller.
  - (4) Once the claim is complete, and if EPA does not object to the sale or conveyance, the relevant agency official will issue letters to the application-specific seller and the application-specific purchaser within 10 business days indicating that the transaction may proceed. EPA reserves the right to disallow a transaction if the claim is incomplete, or if it has reason to believe that the application-specific purchaser plans use the regulated substance in anything other than the stated application. If EPA objects to the transaction, the relevant agency official will issue letters to the application-specific seller and the application-specific purchaser stating the basis for disallowing the transaction.
  - (5) The burden of proof is placed on the application-specific purchaser to retain sufficient records to prove that the sold or conveyed regulated substances are used only for the stated application.
- (b) [Reserved]

## Notes

### Amendments

[86 FR 55208, Oct. 5, 2021]

### Authority

Authority: Pub. L. 116-260, Division S, Sec. 103.

### Source

Source: 86 FR 55201, Oct. 5, 2021, unless otherwise noted.

### Amendments

[86 FR 55208, Oct. 5, 2021]