42 U.S.C. § 7671d — Phase-out of production and consumption of class II substances
submitted 71 years ago by Pub. L. 101-549 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 639 words · no verdicts yet
This law limits and then bans most uses of class II ozone-depleting chemicals like HCFCs. Production must shrink to baseline-year levels by 2015 and stop completely by 2030. EPA can allow narrow exceptions for medical devices and developing countries.
(a) Restriction of use of class II substances. Starting January 1, 2015, it's illegal to bring a class II substance* into interstate commerce or use one, unless it: (1) has already been used, recovered, and recycled; (2) is used and entirely consumed (except for trace amounts) while making other chemicals; (3) is used as a refrigerant in an appliance* made before January 1, 2020; or (4) is approved as a fire-suppression agent for nonresidential use under section 7671k(c). Here, "refrigerant" means any class II substance used for heat transfer in a refrigerating system.
(b) Production phase-out. (1) Starting January 1, 2015, it's illegal to produce more class II substance in a year than that producer made in its baseline year*. (2) Starting January 1, 2030, it's illegal to produce any class II substance at all.
(c) Regulations regarding production and consumption* of class II substances. By December 31, 1999, EPA had to write regulations phasing out production and restricting use of class II substances as described above, subject to any faster schedule ordered under section 7671e. EPA also had to write rules making sure U.S. consumption of class II substances phases out and ends on that same schedule, with the same exceptions.
(d) Exceptions. (1)(A) Medical devices: despite the (b)(2) production ban and the (a) use restriction, EPA must, after notice and comment and consistent with the Montreal Protocol*, allow limited production and use of class II substances for medical devices, if the FDA Commissioner*, working with EPA, finds it necessary. (B) This exception can never let a producer make more than 10% of its baseline-year production. (2)(A) Developing countries: despite (a) and (b), EPA may allow extra production of a class II substance for export to, and use in, developing countries that have joined the Montreal Protocol, as EPA determines — solely to meet those countries' basic domestic needs. (B) Caps on this exception: (i) before 2030, it can't exceed 110% of the producer's baseline-year output; (ii) in 2030 or any year after, it can't exceed 15% of the producer's baseline-year output; and (iii) each such exception ends no later than January 1, 2040.
Effective January 1, 2015, it shall be unlawful for any person* to introduce into interstate commerce or use any class II substance* unless such substance—
has been used, recovered, and recycled;
is used and entirely consumed (except for trace quantities) in the production of other chemicals;
is used as a refrigerant in appliances manufactured prior to January 1, 2020; or
is listed as acceptable for use as a fire suppression agent for nonresidential applications in accordance with section 7671k(c) of this title.
As used in this subsection, the term “refrigerant” means any class II substance used for heat transfer in a refrigerating system.
Effective January 1, 2015, it shall be unlawful for any person to produce any class II substance in an annual quantity greater than the quantity of such substance produced by such person during the baseline year*.
Effective January 1, 2030, it shall be unlawful for any person to produce any class II substance.
By December 31, 1999, the Administrator* shall promulgate regulations phasing out the production, and restricting the use, of class II substances in accordance with this section, subject to any acceleration of the phase-out of production under section 7671e of this title. The Administrator shall also promulgate regulations to insure that the consumption of class II substances in the United States is phased out and terminated in accordance with the same schedule (subject to the same exceptions and other provisions) as is applicable to the phase-out and termination of production of class II substances under this subchapter.
Notwithstanding the termination of production required under subsection (b)(2) and the restriction on use referred to in subsection (a), the Administrator, after notice and opportunity for public comment, shall, to the extent such action is consistent with the Montreal Protocol*, authorize the production and use of limited quantities of class II substances solely for purposes of use in medical devices if such authorization is determined by the Commissioner*, in consultation with the Administrator, to be necessary for use in medical devices.
Under no circumstances may the authority set forth in subparagraph (A) be applied to authorize any person to produce a class II substance in annual quantities greater than 10 percent of that produced by such person during the baseline year.
Notwithstanding the provisions of subsection (a) or (b), the Administrator, after notice and opportunity for public comment, may authorize the production of limited quantities of a class II substance in excess of the quantities otherwise permitted under such provisions solely for export to and use in developing countries that are Parties to the Montreal Protocol, as determined by the Administrator. Any production authorized under this subsection shall be solely for purposes of satisfying the basic domestic needs of such countries.
Under no circumstances may the authority set forth in subparagraph (A) be applied to authorize any person to produce a class II substance in any year following the effective date of subsection (b)(1) and before the year 2030 in annual quantities greater than 110 percent of the quantity of such substance produced by such person during the baseline year.
Under no circumstances may the authority set forth in subparagraph (A) be applied to authorize any person to produce a class II substance in the year 2030, or any year thereafter, in an annual quantity greater than 15 percent of the quantity of such substance produced by such person during the baseline year.
Each exception authorized under this paragraph shall terminate no later than January 1, 2040.
Source credit: (July 14, 1955, ch. 360, title VI, § 605, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2658; amended Pub. L. 112–81, div. A, title III, § 320, Dec. 31, 2011, 125 Stat. 1361.)
- 1955Enacted · Pub. L. 101-549 · 104 Stat. 2658
- 2011Amended · Pub. L. 112-81 · 125 Stat. 1361
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-549 on 1955-07-14.
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