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42 U.S.C. § 7671e — Accelerated schedule
Federal law — U.S. Code and appendices · legal_authorities
**(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 subs
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Source location: Title 42, Chapter 85, § 7671e; chapter-085-air-pollution-prevention-and-control.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restriction of use of class II substances** 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—
(1) has been used, recovered, and recycled;
(2) is used and entirely consumed (except for trace quantities) in the production of other chemicals;
(3) is used as a refrigerant in appliances manufactured prior to January 1, 2020; or
(4) is listed as acceptable for use as a fire suppression agent for nonresidential applications in accordance with [section 7671k(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671k/c&num=0&edition=prelim).
As used in this subsection, the term “refrigerant” means any class II substance used for heat transfer in a refrigerating system.
**(b) Production phase-out**
(1) 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.
(2) Effective January 1, 2030, it shall be unlawful for any person to produce any class II substance.
**(c) Regulations regarding production and consumption of class II substances** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671e&num=0&edition=prelim). 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 accorda
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Federal law — U.S. Code and appendices · legal_authorities
Page 7456
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7671e
istrator shall also promulgate regulations to in-
sure that the consumption of class II substances
in the United States is phased out and termi-
nated in accordance with the same schedule
(subject to the same exceptions and other provi-
sions) as is applicable to the phase-out and ter-
mination of production of class II substances
under this subchapter.
(d) Exceptions
(1) Medical devices
(A) In general
Notwithstanding the termination of pro-
duction required under subsection (b)(2) and
the restriction on use referred to in sub-
section (a), the Administrator, after notice
and opportunity for public comment, shall,
to the extent such action is consistent with
the Montreal Protocol, authorize the pro-
duction and use of limited quantities of class
II substances solely for purposes of use in
medical devices if such authorization is de-
termined by the Commissioner, in consulta-
tion with the Administrator, to be necessary
for use in medical devices.
(B) Cap on exception
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.
(2) Developing countries
(A) In general
Notwithstanding the provisions of sub-
section (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 subse
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