40 CFR §84.21

1. (a)Sale or conveyance of regulated substances produced or imported using application-specific allowances.
   1. (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. (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:
      1. (i)The identities and addresses of the application-specific seller and the application-specific purchaser;
      2. (ii)The name, telephone numbers, and email addresses of contact persons for the application-specific seller and the application-specific purchaser;
      3. (iii)The amount of each regulated substance being sold or conveyed;
      4. (iv)The cost of the regulated substance being sold or conveyed;
      5. (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
      6. (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. (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. (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. (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.
2. (b)[Reserved]