42 U.S.C. § 7671e — Accelerated schedule

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 subsection shall be solely for pur- poses of satisfying the basic domestic needs of such countries. (B) Cap on exception (i) Under no circumstances may the au- thority set forth in subparagraph (A) be ap- plied 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 sub- stance produced by such person during the baseline year. (ii) Under no circumstances may the au- thority set forth in subparagraph (A) be ap- plied to authorize any person to produce a class II substance in the year 2030, or any year thereafter, in an annual quantity great- er than 15 percent of the quantity of such substance produced by such person during the baseline year. (iii) Each exception authorized under this paragraph shall terminate no later than Jan- uary 1, 2040. (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.) Editorial Notes AMENDMENTS 2011—Subsec. (a)(4). Pub. L. 112–81 added par. (4). § 7671e. Accelerated schedule (a) In general The Administrator shall promulgate regula- tions, 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 sub- stances) 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 cur- rent scientific information (including any as- sessment under the Montreal Protocol) regard- ing harmful effects on the stratospheric ozone layer associated with a class I or class II sub- stance, the Administrator determines that such more stringent schedule may be nec- essary to protect human health and the envi- ronment against such effects, (2) based on the availability of substitutes for listed substances, the Administrator deter- mines that such more stringent schedule is practicable, taking into account technological achievability, safety, and other relevant fac- tors, or (3) the Montreal Protocol is modified to in- clude a schedule to control or reduce produc- tion, 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 appli- cable 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 peti- tion. If the Administrator denies the petition, the Administrator shall publish an explanation of why the petition was denied. If the Adminis- trator grants such petition, such final regula- tions 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 Admin- istrator determines that information is not suf- ficient to make a determination under this sub- section, the Administrator shall use any author- ity available to the Administrator, under any law administered by the Administrator, to ac- quire such information. (July 14, 1955, ch. 360, title VI, § 606, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2660.) § 7671f. Exchange authority (a) Transfers The Administrator shall, within 10 months after November 15, 1990, promulgate rules under