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42 U.S.C. § 7671eAccelerated schedule

submitted 71 years ago by Pub. L. 101-549 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 321 words · no verdicts yet

in plain englishAI-generated · not legal advice

EPA can speed up the phase-out schedule for ozone-depleting chemicals. It can do this if new science, better substitutes, or a stricter Montreal Protocol justify it. Anyone can petition EPA for this, and EPA must decide within 180 days.

(a) In general. EPA must, after notice and public comment, write regulations that set a faster phase-out and phase-down schedule than sections 7671c or 7671d require, for class I substances, class II substances, or the use of class II substances, if: (1) based on credible current scientific information — including any assessment under the Montreal Protocol — about a substance's harm to the stratospheric ozone layer, EPA decides a faster schedule may be needed to protect human health and the environment; (2) based on the availability of substitutes, EPA decides a faster schedule is practical, considering technology, safety, and other relevant factors; or (3) the Montreal Protocol itself is changed to require faster action on a substance. When deciding under (1) or (2), EPA must consider how much time is left under the current schedule. (b) Petition. Anyone may petition EPA to write these faster regulations. EPA must grant or deny the petition within 180 days of receiving it, and must publish an explanation if it denies the petition. If EPA grants the petition, it must finalize the new regulations within 1 year. Every petition must include enough data to support it. If EPA decides the available information isn't sufficient to decide, EPA must use whatever other legal authority it has to gather that information.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Administrator shall promulgate regulations, after notice and opportunity for public comment, which establish a schedule for phasing out the production and consumption of class I and class II substances (or use of class II substances) that is more stringent than set forth in section 7671c or 7671d of this title, or both, if—

(1)

based on an assessment of credible current scientific information (including any assessment under the Montreal Protocol) regarding harmful effects on the stratospheric ozone layer associated with a class I or class II substance, the Administrator determines that such more stringent schedule may be necessary to protect human health and the environment against such effects,

(2)

based on the availability of substitutes for listed substances, the Administrator determines that such more stringent schedule is practicable, taking into account technological achievability, safety, and other relevant factors, or

(3)

the Montreal Protocol is modified to include a schedule to control or reduce production, consumption, or use of any substance more rapidly than the applicable schedule under this subchapter.

In making any determination under paragraphs (1) and (2), the Administrator shall consider the status of the period remaining under the applicable schedule under this subchapter.

(b) Petition

Any person may petition the Administrator to promulgate regulations under this section. The Administrator shall grant or deny the petition within 180 days after receipt of any such petition. If the Administrator denies the petition, the Administrator shall publish an explanation of why the petition was denied. If the Administrator grants such petition, such final regulations shall be promulgated within 1 year. Any petition under this subsection shall include a showing by the petitioner that there are data adequate to support the petition. If the Administrator determines that information is not sufficient to make a determination under this subsection, the Administrator shall use any authority available to the Administrator, under any law administered by the Administrator, to acquire such information.

Source credit: (July 14, 1955, ch. 360, title VI, § 606, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2660.)

history & why it existsrecord from the source credit
  • 1955Enacted · Pub. L. 101-549 · 104 Stat. 2660

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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