42 U.S.C. § 7671b — Monitoring and reporting requirements
submitted 71 years ago by Pub. L. 101-549 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 912 words · no verdicts yet
This law requires makers, importers, and exporters of ozone-depleting chemicals to report to EPA. EPA must also report to Congress on these chemicals and their effect on the ozone layer. If pollution gets worse than expected, EPA must warn Congress right away.
(a) Regulations. Within 270 days of November 15, 1990, EPA had to update its existing monitoring and reporting rules for class I and class II substances to match the requirements of this section.
(b) Production, import*, and export level reports. At least once a year (or quarterly, if EPA requires it), anyone who produced, imported, or exported a class I or class II substance* must file a report with EPA stating how much of the substance they produced, imported, and exported in the prior reporting period. A responsible officer must sign and attest to each report. Once someone permanently stops producing, importing, and exporting a substance and tells EPA in writing, they don't have to file reports after the following April 1.
(c) Baseline reports for class I substances. Unless it's already been reported, the first time someone files a report under (b), they must also report how much of that class I substance* they produced, imported, and exported during the substance's baseline year*. For a substance added to the class I list after the initial list was published, the reporter instead has 180 days after the addition to file that baseline report.
(d) Monitoring and reports to Congress. (1) At least every 3 years, EPA must report to Congress on the production, use, and consumption* of class I and class II substances, including U.S. data and worldwide estimates. At least every 6 years, EPA must also report to Congress on the environmental and economic effects of stratospheric ozone depletion. (2) NASA and NOAA must jointly report to Congress at least every 3 years on current atmospheric chlorine and bromine levels and on stratospheric ozone depletion, including updated projections of: (A) the peak chlorine loading; (B) how fast atmospheric chlorine is projected to drop after the year 2000; and (C) when atmospheric chlorine is projected to fall back to two parts per billion. These projections must be made both under current controls alone, and under current controls plus a full worldwide phase-out of halocarbon emissions by 2000. Congress's purpose in requiring this monitoring is to make sure class II substance production and use don't: (i) significantly raise the projected peak chlorine loading; (ii) significantly slow the projected decline in atmospheric chlorine; or (iii) delay the projected date when chlorine returns to two parts per billion.
(e) Technology status report in 2015. EPA must periodically review progress on developing alternative systems or products that would let appliances run without class II substances. If, after notice and public comment, EPA finds that these alternatives won't be ready before the deadlines in section 7671d, EPA must tell Congress by January 1, 2015.
(f) Emergency report. If EPA — working with NASA and NOAA, and after notice and public comment — determines that global production, consumption, and use of class II substances will push atmospheric chlorine loading more than five-tenths of a part per billion above the projections, EPA must immediately tell Congress. This determination must be based on the monitoring described in (d), and updated at least every 3 years.
Within 270 days after November 15, 1990, the Administrator* shall amend the regulations of the Administrator in effect on such date regarding monitoring and reporting of class I and class II substances. Such amendments shall conform to the requirements of this section. The amended regulations shall include requirements with respect to the time and manner of monitoring and reporting as required under this section.
On a quarterly basis, or such other basis (not less than annually) as determined by the Administrator, each person* who produced, imported, or exported a class I or class II substance* shall file a report with the Administrator setting forth the amount of the substance that such person produced, imported, and exported during the preceding reporting period. Each such report shall be signed and attested by a responsible officer. No such report shall be required from a person after April 1 of the calendar year after such person permanently ceases production, importation, and exportation of the substance and so notifies the Administrator in writing.
Unless such information has previously been reported to the Administrator, on the date on which the first report under subsection (b) is required to be filed, each person who produced, imported, or exported a class I substance* (other than a substance added to the list of class I substances after the publication of the initial list of such substances under this section) shall file a report with the Administrator setting forth the amount of such substance that such person produced, imported, and exported during the baseline year*. In the case of a substance added to the list of class I substances after publication of the initial list of such substances under this section, the regulations shall require that each person who produced, imported, or exported such substance shall file a report with the Administrator within 180 days after the date on which such substance is added to the list, setting forth the amount of the substance that such person produced, imported, and exported in the baseline year.
The Administrator shall monitor and, not less often than every 3 years following November 15, 1990, submit a report to Congress on the production, use and consumption* of class I and class II substances. Such report shall include data on domestic production, use and consumption, and an estimate of worldwide production, use and consumption of such substances. Not less frequently than every 6 years the Administrator shall report to Congress on the environmental and economic effects of any stratospheric ozone depletion.
The Administrators of the National Aeronautics and Space Administration and the National Oceanic and Atmospheric Administration shall monitor, and not less often than every 3 years following November 15, 1990, submit a report to Congress on the current average tropospheric concentration of chlorine and bromine and on the level of stratospheric ozone depletion. Such reports shall include updated projections of—
peak chlorine loading;
the rate at which the atmospheric abundance of chlorine is projected to decrease after the year 2000; and
the date by which the atmospheric abundance of chlorine is projected to return to a level of two parts per billion.
Such updated projections shall be made on the basis of current international and domestic controls on substances covered by this subchapter as well as on the basis of such controls supplemented by a year 2000 global phase out of all halocarbon emissions (the base case). It is the purpose of the Congress through the provisions of this section to monitor closely the production and consumption of class II substances to assure that the production and consumption of such substances will not:
increase significantly the peak chlorine loading that is projected to occur under the base case established for purposes of this section;
reduce significantly the rate at which the atmospheric abundance of chlorine is projected to decrease under the base case; or
delay the date by which the average atmospheric concentration of chlorine is projected under the base case to return to a level of two parts per billion.
The Administrator shall review, on a periodic basis, the progress being made in the development of alternative systems or products necessary to manufacture and operate appliances without class II substances. If the Administrator finds, after notice and opportunity for public comment, that as a result of technological development problems, the development of such alternative systems or products will not occur within the time necessary to provide for the manufacture of such equipment without such substances prior to the applicable deadlines under section 7671d of this title, the Administrator shall, not later than January 1, 2015, so inform the Congress.
If, in consultation with the Administrators of the National Aeronautics and Space Administration and the National Oceanic and Atmospheric Administration, and after notice and opportunity for public comment, the Administrator determines that the global production, consumption, and use of class II substances are projected to contribute to an atmospheric chlorine loading in excess of the base case projections by more than 5⁄10ths parts per billion, the Administrator shall so inform the Congress immediately. The determination referred to in the preceding sentence shall be based on the monitoring under subsection (d) and updated not less often than every 3 years.
Source credit: (July 14, 1955, ch. 360, title VI, § 603, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2653.)
- 1955Enacted · Pub. L. 101-549 · 104 Stat. 2653
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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