U.S. Code of Federal Regulations
Regulations most recently checked for updates: Oct 07, 2025
(a) Petitions filed pursuant to 42 U.S.C. 7675(e)(4)(B)(ii) requesting the designation of an application as eligible for application-specific allowances must include:
(1) A description of the application, including an explanation of what the application is, what purpose or function it achieves, and what populations or commercial products benefit from the application;
(2) A list of regulated substance(s) and description of their use(s) in the application and an explanation as to why regulated substances are required in the application;
(3) Evidence that no safe or technically achievable substitute, including not-in-kind technologies, is or is expected to be available, and that the petitioner has conducted research to evaluate substitutes for the regulated substance(s);
(4) Evidence that supply of the regulated substance(s) used in the application is insufficient to accommodate the application;
(5) A signed certification from a responsible corporate officer at the requesting entity that the application cannot use recovered and reprocessed regulated substance in conjunction with or in place of virgin regulated substance, either due to demonstrated lack of technical achievability or insufficient supply, and an explanation and evidence documenting why recovered and reprocessed regulated substance cannot be used for the application;
(6) Total quantity (in kilograms) of all regulated substances acquired and used by each individual entity submitting the petition for use in the application specified in the petition in each of the previous three years, including records documenting that quantity;
(7) The name of the entity or entities supplying regulated substances and contact information for those suppliers over the past three years;
(8) Total quantity (in kilograms) of each regulated substance held in inventory for use in the application specified in the petition by each entity submitting the petition as of the date the petition is submitted;
(9) An estimate of the total quantity of regulated substances the petitioner expects to purchase for use in the application specified in the petition in the first year it would be eligible for ASAs;
(10) Data on the proportion of the overall cost of the product or system that reflects the cost of regulated substances for each entity;
(11) Historic and projected sales for the product or system for each entity;
(12) Evidence of research into design changes to decrease the amount of regulated substance used in the product or system;
(13) An explanation regarding whether the use of the regulated substance(s) is necessary for the health, safety, or is critical for the functioning of society (encompassing cultural and intellectual aspects);
(14) An explanation regarding steps taken to minimize the use of the regulated substance and any associated emission of the regulated substance(s); and
(15) Information on regulatory restrictions related to possible alternatives and substitutes.
(b) If the petition does not include the required information listed in paragraph (a), the petition will be deemed incomplete, and EPA will notify the entity submitting the petition. The Agency will not consider the petition until it is complete.
(c) In the event that an application becomes eligible to receive application-specific allowances:
(1) EPA will allocate allowances to entities in a new application in accordance with § 84.13; and
(2) A new application would be eligible to receive application-specific allowances for no longer than the latest calendar year included in § 84.13(a).