42 U.S.C. § 7671c : US Code - Section 7671C: Phase-out of production and consumption of class I substances

Search 42 U.S.C. § 7671c : US Code - Section 7671C: Phase-out of production and consumption of class I substances

(a) Production phase-out
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
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Date Carbon Methyl Other class I
tetrachloride chloroform substances
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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%
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(b) Termination of production of class I substances
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.
(c) Regulations regarding production and consumption of class I
substances
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.
(d) Exceptions for essential uses of methyl chloroform, medical
devices, and aviation safety
(1) Essential uses of methyl chloroform
Notwithstanding the termination of production required by
subsection (b) of this section, 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).
(2) Medical devices
Notwithstanding the termination of production required by
subsection (b) of this section, 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.
(3) Aviation safety
(A) Notwithstanding the termination of production required by
subsection (b) of this section, 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.
(B) 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.
(4) Cap on certain exceptions
Under no circumstances may the authority set forth in
paragraphs (1), (2), and (3) of subsection (d) of this section 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.
(5) Sanitation and food protection
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.
(6) Critical uses
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.
(e) Developing countries
(1) Exception
Notwithstanding the phase-out and termination of production
required under subsections (a) and (b) of this section, 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) of
this section, 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.
(2) Cap on exception
(A) 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) of this section 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.
(B) 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) of this section, or in any year thereafter, in
an annual quantity greater than 15 percent of the baseline
quantity of such substance produced by such person.
(C) An exception authorized under this subsection shall
terminate no later than January 1, 2010 (2012 in the case of
methyl chloroform).
(3) Methyl bromide
Notwithstanding the phaseout and termination of production of
methyl bromide pursuant to subsection (h) of this section, 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.
(f) National security
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.
(g) Fire suppression and explosion prevention
(1) Notwithstanding the production phase-out set forth in
subsection (a) of this section, 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) of this section 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.
(2) 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.
(3) Notwithstanding the termination of production set forth in
subsection (b) of this section, 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.
(h) Methyl bromide
Notwithstanding subsections (b) and (d) of this section, 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.