§84.9. Allocation of calendar-year production allowances. — Inbound Citations

(4) If the eligible requests received total an amount of allowances that exceeds the remaining quantity of allowances in the set-aside pool, after subtracting allowances issued under paragraphs (b)(1) and (c)(1) of this section, the amount provided to each person who meets the criteria listed in paragraph (c)(2) of this section that has applied to the set-aside pool will be allocated an amount of allowances that is reduced on a pro rata basis. If any allowances remain after the steps outlined in paragraphs (b)(1) and (c)(1) and (2) of this section, those allowances will be distributed to the persons who meet the criteria listed in §§ 84.9 and 84.11 on a pro rata basis.

(3) The actual owner; or

(h) Consumption and production allowances from § 84.9(c) and § 84.11(c) are available in the form of application-specific allowances to entities that request them no later than April 30 of the calendar year in which the allowances may be expended that:

(1) Qualify for application-specific allowances under § 84.13;

(2) Provide supporting documentation that verify a need to purchase regulated substances in the present calendar year beyond what is reflected by the rates of growth calculated in § 84.13(c)(1);

(3) Provide the total quantities (in kg) of regulated substances held in inventory as of the date the application is submitted, including documentation to verify this quantity (this includes zero quantities), and an explanation of why that inventory, if available, will not be sufficient to accommodate this increased demand;

(4) Are facing a situation that qualifies as a unique circumstance as defined in § 84.13(b)(iii); and

(5) Demonstrate to the satisfaction of the relevant Agency official that the situation described in subparagraph (3) was unknowable at the time the entity made its request for application-specific allowances pursuant to § 84.13(b).