42 U.S.C. § 7671c — Phase-out of production and consumption of class I substances
submitted 71 years ago by Pub. L. 101-549 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,869 words · no verdicts yet
This law phases out and ends production of ozone-depleting class I chemicals like CFCs and methyl chloroform. Production limits shrink year by year until they reach zero around 2000 to 2002. EPA can allow narrow exceptions for medical devices, aviation, fire suppression, national security, and developing countries.
(a) Production phase-out. Starting January 1 of each year listed in Table 2, it's illegal to produce more of a class I substance* than the percentage of that producer's baseline-year output shown in the table. Table 2 sets a shrinking cap for three groups: carbon tetrachloride stays at 100% through 1992, then drops to 90% (1992 to 1993 transition), 80% (1993), 70% (1994), and then falls sharply to 15% from 1995 through 1999; methyl chloroform stays at 100% through 1992, then 90% (1993), 85% (1994), 70% (1995), and 50% from 1996 through 1999; and all other class I substances start at 85% (1991), then drop step by step — 80% (1992), 75% (1993), 65% (1994), 50% (1995), 40% (1996) — down to 15% from 1997 through 1999, before rising slightly to 20% in 2000 and 2001.
(b) Termination of production of class I substances. Starting January 1, 2000 (January 1, 2002 for methyl chloroform), it's illegal to produce any amount of a class I substance.
(c) Regulations regarding production and consumption* of class I substances. Within 10 months of November 15, 1990, EPA had to write regulations phasing out production of class I substances as described above. EPA also had to write rules making sure U.S. consumption of these substances phases out and ends on that same schedule, with the same exceptions.
(d) Exceptions for essential uses of methyl chloroform, medical devices, and aviation safety. (1) Essential uses of methyl chloroform: between January 1, 2002 and January 1, 2005, EPA may, after notice and public comment and consistent with the Montreal Protocol*, allow limited production of methyl chloroform for essential uses with no safe substitute — such as nondestructive metal-fatigue testing on airplane engines and parts. (Production for medical devices is handled separately under (2).) (2) Medical devices: despite the production ban in (b), EPA must, after notice and comment and consistent with the Protocol*, allow limited production of class I substances for medical devices, if the FDA Commissioner*, working with EPA, finds it necessary. (3)(A) Aviation safety: EPA may, after notice and comment and consistent with the Protocol, allow limited production of halon-1211, halon-1301, and halon-2402 for aviation safety, if the FAA, working with EPA, finds no safe substitute exists and the exception is needed for safety. (B) The FAA must study, with EPA, whether substitutes for methyl chloroform testing (or alternative techniques) will be available, and must report to Congress in 1998 on whether this exception is still needed after January 1, 2005. (4) None of the exceptions in (1), (2), or (3) can ever let a producer make more than 10% of its baseline-year production. (5) Consistent with the Montreal Protocol's quarantine rules, EPA must exempt methyl bromide used to fumigate goods entering or leaving the United States or a state*, to comply with agricultural inspection or sanitation and food-protection standards. (6) Consistent with the Protocol, and after notice, comment, and consulting other federal agencies (including the Secretary* of Agriculture), EPA may exempt methyl bromide production, import*, and consumption for "critical uses."
(e) Developing countries. (1) Despite the phase-out, EPA may, after notice and comment and consistent with the Protocol, allow extra production of a class I substance solely for export to, and use in, developing countries that have joined the Protocol and operate under its Article 5 — and only to meet those countries' basic domestic needs. (2) Caps on this exception: (A) in a year Table 2 sets a percentage, this extra production can't exceed that percentage plus 10% of the producer's baseline output; (B) in the termination year under (b), or any year after, it can't exceed 15% of the producer's baseline output; and (C) this exception ends no later than January 1, 2010 (2012 for methyl chloroform). (3) Despite the methyl bromide phase-out in (h), EPA may, consistent with the Protocol, allow limited methyl bromide production solely for developing countries that have joined the Protocol's Copenhagen Amendments.
(f) National security. The President may, consistent with the Montreal Protocol, issue orders about producing or using CFC-114, halon-1211, halon-1301, or halon-2402 at a specific site, facility, or vessel, if the President finds no adequate substitute exists and that production or use is needed for national security. These orders can exempt that site from any requirement in this subchapter. The President must notify Congress within 30 days of issuing such an order, explaining the reasons. Each exemption lasts no more than one year, though new one-year exemptions can keep being issued. An exemption can't be granted just because funding wasn't appropriated, unless the President specifically requested that funding and Congress denied it.
(g) Fire suppression and explosion prevention. (1) EPA may, after notice and comment and consistent with the Protocol, allow extra production of halon-1211, halon-1301, and halon-2402 for fire suppression or explosion prevention, if EPA — working with the U.S. Fire Administration — finds no safe substitute exists. This can't be used for training or equipment testing, and no such production is allowed after December 31, 1999. (2) EPA must periodically assess progress toward substitutes for these fire-safety uses, considering Montreal Protocol assessments, and report to Congress in 1994 and again in 1998. (3) Despite the production ban in (b), EPA may, after notice and comment, allow limited halon production between January 1, 2000 and December 31, 2004, solely for fire suppression tied to oil and gas production on Alaska's North Slope — under the same no-substitute finding, never for training or testing, and never more than 3% of a producer's baseline output.
(h) Methyl bromide. Despite (b) and (d), EPA can't end methyl bromide production before January 1, 2005. EPA must write rules reducing and eventually ending methyl bromide production, import, and consumption, on a schedule that's no stricter than the Montreal Protocol's phase-out schedule as it stood on October 21, 1998.
Effective on January 1 of each year specified in Table 2, it shall be unlawful for any person* to produce any class I substance* in an annual quantity greater than the relevant percentage specified in Table 2. The percentages in Table 2 refer to a maximum allowable production as a percentage of the quantity of the substance produced by the person concerned in the baseline year*.
Table 2 | |||
|---|---|---|---|
Date | Carbon tetrachloride | Methyl chloroform | Other class I substances |
1991 | 100% | 100% | 85% |
1992 | 90% | 100% | 80% |
1993 | 80% | 90% | 75% |
1994 | 70% | 85% | 65% |
1995 | 15% | 70% | 50% |
1996 | 15% | 50% | 40% |
1997 | 15% | 50% | 15% |
1998 | 15% | 50% | 15% |
1999 | 15% | 50% | 15% |
2000 | 20% | ||
2001 | 20% |
Effective January 1, 2000 (January 1, 2002 in the case of methyl chloroform), it shall be unlawful for any person to produce any amount of a class I substance.
The Administrator* shall promulgate regulations within 10 months after November 15, 1990, phasing out the production of class I substances in accordance with this section and other applicable provisions of this subchapter. The Administrator shall also promulgate regulations to insure that the consumption of class I 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 I substances under this subchapter.
Notwithstanding the termination of production required by subsection (b), during the period beginning on January 1, 2002, and ending on January 1, 2005, the Administrator, after notice and opportunity for public comment, may, to the extent such action is consistent with the Montreal Protocol*, authorize the production of limited quantities of methyl chloroform solely for use in essential applications (such as nondestructive testing for metal fatigue and corrosion of existing airplane engines and airplane parts susceptible to metal fatigue) for which no safe and effective substitute is available. Notwithstanding this paragraph, the authority to produce methyl chloroform for use in medical devices shall be provided in accordance with paragraph (2).
Notwithstanding the termination of production required by subsection (b), the Administrator, after notice and opportunity for public comment, shall, to the extent such action is consistent with the Montreal Protocol, authorize the production of limited quantities of class I substances solely for 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.
Notwithstanding the termination of production required by subsection (b), the Administrator, after notice and opportunity for public comment, may, to the extent such action is consistent with the Montreal Protocol, authorize the production of limited quantities of halon-1211 (bromochlorodifluoromethane), halon-1301 (bromotrifluoromethane), and halon-2402 (dibromotetrafluoroethane) solely for purposes of aviation safety if the Administrator of the Federal Aviation Administration, in consultation with the Administrator, determines that no safe and effective substitute has been developed and that such authorization is necessary for aviation safety purposes.
The Administrator of the Federal Aviation Administration shall, in consultation with the Administrator, examine whether safe and effective substitutes for methyl chloroform or alternative techniques will be available for nondestructive testing for metal fatigue and corrosion of existing airplane engines and airplane parts susceptible to metal fatigue and whether an exception for such uses of methyl chloroform under this paragraph will be necessary for purposes of airline safety after January 1, 2005 and provide a report to Congress in 1998.
Under no circumstances may the authority set forth in paragraphs (1), (2), and (3) of subsection (d) be applied to authorize any person to produce a class I substance in annual quantities greater than 10 percent of that produced by such person during the baseline year.
To the extent consistent with the Montreal Protocol’s quarantine and preshipment provisions, the Administrator shall exempt the production, importation, and consumption of methyl bromide to fumigate commodities entering or leaving the United States or any State* (or political subdivision thereof) for purposes of compliance with Animal and Plant Health Inspection Service requirements or with any international, Federal, State, or local sanitation or food protection standard.
To the extent consistent with the Montreal Protocol, the Administrator, after notice and the opportunity for public comment, and after consultation with other departments or instrumentalities of the Federal Government having regulatory authority related to methyl bromide, including the Secretary* of Agriculture, may exempt the production, importation, and consumption of methyl bromide for critical uses.
Notwithstanding the phase-out and termination of production required under subsections (a) and (b), the Administrator, after notice and opportunity for public comment, may, consistent with the Montreal Protocol, authorize the production of limited quantities of a class I substance in excess of the amounts otherwise allowable under subsection (a) or (b), or both, solely for export to, and use in, developing countries that are Parties to the Montreal Protocol and are operating under article 5 of such Protocol. Any production authorized under this paragraph shall be solely for purposes of satisfying the basic domestic needs of such countries.
Under no circumstances may the authority set forth in paragraph (1) be applied to authorize any person to produce a class I substance in any year for which a production percentage is specified in Table 2 of subsection (a) in an annual quantity greater than the specified percentage, plus an amount equal to 10 percent of the amount produced by such person in the baseline year.
Under no circumstances may the authority set forth in paragraph (1) be applied to authorize any person to produce a class I substance in the applicable termination year referred to in subsection (b), or in any year thereafter, in an annual quantity greater than 15 percent of the baseline quantity of such substance produced by such person.
An exception authorized under this subsection shall terminate no later than January 1, 2010 (2012 in the case of methyl chloroform).
Notwithstanding the phaseout and termination of production of methyl bromide pursuant to subsection (h), the Administrator may, consistent with the Montreal Protocol, authorize the production of limited quantities of methyl bromide, solely for use in developing countries that are Parties to the Copenhagen Amendments to the Montreal Protocol.
The President may, to the extent such action is consistent with the Montreal Protocol, issue such orders regarding production and use of CFC–114 (chlorofluorocarbon-114), halon-1211, halon-1301, and halon-2402, at any specified site or facility or on any vessel as may be necessary to protect the national security interests of the United States if the President finds that adequate substitutes are not available and that the production and use of such substance are necessary to protect such national security interest. Such orders may include, where necessary to protect such interests, an exemption from any prohibition or requirement contained in this subchapter. The President shall notify the Congress within 30 days of the issuance of an order under this paragraph providing for any such exemption. Such notification shall include a statement of the reasons for the granting of the exemption. An exemption under this paragraph shall be for a specified period which may not exceed one year. Additional exemptions may be granted, each upon the President’s issuance of a new order under this paragraph. Each such additional exemption shall be for a specified period which may not exceed one year. No exemption shall be granted under this paragraph due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation.
Notwithstanding the production phase-out set forth in subsection (a), the Administrator, after notice and opportunity for public comment, may, to the extent such action is consistent with the Montreal Protocol, authorize the production of limited quantities of halon-1211, halon-1301, and halon-2402 in excess of the amount otherwise permitted pursuant to the schedule under subsection (a) solely for purposes of fire suppression or explosion prevention if the Administrator, in consultation with the Administrator of the United States Fire Administration, determines that no safe and effective substitute has been developed and that such authorization is necessary for fire suppression or explosion prevention purposes. The Administrator shall not authorize production under this paragraph for purposes of fire safety or explosion prevention training or testing of fire suppression or explosion prevention equipment. In no event shall the Administrator grant an exception under this paragraph that permits production after December 31, 1999.
The Administrator shall periodically monitor and assess the status of efforts to obtain substitutes for the substances referred to in paragraph (1) for purposes of fire suppression or explosion prevention and the probability of such substitutes being available by December 31, 1999. The Administrator, as part of such assessment, shall consider any relevant assessments under the Montreal Protocol and the actions of the Parties pursuant to Article 2B of the Montreal Protocol in identifying essential uses and in permitting a level of production or consumption that is necessary to satisfy such uses for which no adequate alternatives are available after December 31, 1999. The Administrator shall report to Congress the results of such assessment in 1994 and again in 1998.
Notwithstanding the termination of production set forth in subsection (b), the Administrator, after notice and opportunity for public comment, may, to the extent consistent with the Montreal Protocol, authorize the production of limited quantities of halon-1211, halon-1301, and halon-2402 in the period after December 31, 1999, and before December 31, 2004, solely for purposes of fire suppression or explosion prevention in association with domestic production of crude oil and natural gas energy supplies on the North Slope of Alaska, if the Administrator, in consultation with the Administrator of the United States Fire Administration, determines that no safe and effective substitute has been developed and that such authorization is necessary for fire suppression and explosion prevention purposes. The Administrator shall not authorize production under the paragraph for purposes of fire safety or explosion prevention training or testing of fire suppression or explosion prevention equipment. In no event shall the Administrator authorize under this paragraph any person to produce any such halon in an amount greater than 3 percent of that produced by such person during the baseline year.
Notwithstanding subsections (b) and (d), the Administrator shall not terminate production of methyl bromide prior to January 1, 2005. The Administrator shall promulgate rules for reductions in, and terminate the production, importation, and consumption of, methyl bromide under a schedule that is in accordance with, but not more stringent than, the phaseout schedule of the Montreal Protocol Treaty as in effect on October 21, 1998.
Source credit: (July 14, 1955, ch. 360, title VI, § 604, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2655; amended Pub. L. 105–277, div. A, § 101(a) [title VII, § 764], Oct. 21, 1998, 112 Stat. 2681, 2681–36.)
- 1955Enacted · Pub. L. 101-549 · 104 Stat. 2655
- 1998Amended · Pub. L. 105-277 · 112 Stat. 2681, 2681
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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