
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7671b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
              SUBCHAPTER VI--STRATOSPHERIC OZONE PROTECTION
 
Sec. 7671b. Monitoring and reporting requirements


(a) Regulations

    Within 270 days after November 15, 1990, the Administrator shall 
amend the regulations of the Administrator in effect on such date 
regarding monitoring and reporting of class I and class II substances. 
Such amendments shall conform to the requirements of this section. The 
amended regulations shall include requirements with respect to the time 
and manner of monitoring and reporting as required under this section.

(b) Production, import, and export level reports

    On a quarterly basis, or such other basis (not less than annually) 
as determined by the Administrator, each person who produced, imported, 
or exported a class I or class II substance shall file a report with the 
Administrator setting forth the amount of the substance that such person 
produced, imported, and exported during the preceding reporting period. 
Each such report shall be signed and attested by a responsible officer. 
No such report shall be required from a person after April 1 of the 
calendar year after such person permanently ceases production, 
importation, and exportation of the substance and so notifies the 
Administrator in writing.

(c) Baseline reports for class I substances

    Unless such information has previously been reported to the 
Administrator, on the date on which the first report under subsection 
(b) of this section is required to be filed, each person who produced, 
imported, or exported a class I substance (other than a substance added 
to the list of class I substances after the publication of the initial 
list of such substances under this section) shall file a report with the 
Administrator setting forth the amount of such substance that such 
person produced, imported, and exported during the baseline year. In the 
case of a substance added to the list of class I substances after 
publication of the initial list of such substances under this section, 
the regulations shall require that each person who produced, imported, 
or exported such substance shall file a report with the Administrator 
within 180 days after the date on which such substance is added to the 
list, setting forth the amount of the substance that such person 
produced, imported, and exported in the baseline year.

(d) Monitoring and reports to Congress

    (1) The Administrator shall monitor and, not less often than every 3 
years following November 15, 1990, submit a report to Congress on the 
production, use and consumption of class I and class II substances. Such 
report shall include data on domestic production, use and consumption, 
and an estimate of worldwide production, use and consumption of such 
substances. Not less frequently than every 6 years the Administrator 
shall report to Congress on the environmental and economic effects of 
any stratospheric ozone depletion.
    (2) The Administrators of the National Aeronautics and Space 
Administration and the National Oceanic and Atmospheric Administration 
shall monitor, and not less often than every 3 years following November 
15, 1990, submit a report to Congress on the current average 
tropospheric concentration of chlorine and bromine and on the level of 
stratospheric ozone depletion. Such reports shall include updated 
projections of--
        (A) peak chlorine loading;
        (B) the rate at which the atmospheric abundance of chlorine is 
    projected to decrease after the year 2000; and
        (C) the date by which the atmospheric abundance of chlorine is 
    projected to return to a level of two parts per billion.

Such updated projections shall be made on the basis of current 
international and domestic controls on substances covered by this 
subchapter as well as on the basis of such controls supplemented by a 
year 2000 global phase out of all halocarbon emissions (the base case). 
It is the purpose of the Congress through the provisions of this section 
to monitor closely the production and consumption of class II substances 
to assure that the production and consumption of such substances will 
not:
        (i) increase significantly the peak chlorine loading that is 
    projected to occur under the base case established for purposes of 
    this section;
        (ii) reduce significantly the rate at which the atmospheric 
    abundance of chlorine is projected to decrease under the base case; 
    or
        (iii) delay the date by which the average atmospheric 
    concentration of chlorine is projected under the base case to return 
    to a level of two parts per billion.

(e) Technology status report in 2015

    The Administrator shall review, on a periodic basis, the progress 
being made in the development of alternative systems or products 
necessary to manufacture and operate appliances without class II 
substances. If the Administrator finds, after notice and opportunity for 
public comment, that as a result of technological development problems, 
the development of such alternative systems or products will not occur 
within the time necessary to provide for the manufacture of such 
equipment without such substances prior to the applicable deadlines 
under section 7671d of this title, the Administrator shall, not later 
than January 1, 2015, so inform the Congress.

(f) Emergency report

    If, in consultation with the Administrators of the National 
Aeronautics and Space Administration and the National Oceanic and 
Atmospheric Administration, and after notice and opportunity for public 
comment, the Administrator determines that the global production, 
consumption, and use of class II substances are projected to contribute 
to an atmospheric chlorine loading in excess of the base case 
projections by more than \5/10\ths parts per billion, the Administrator 
shall so inform the Congress immediately. The determination referred to 
in the preceding sentence shall be based on the monitoring under 
subsection (d) of this section and updated not less often than every 3 
years.

(July 14, 1955, ch. 360, title VI, Sec. 603, as added Pub. L. 101-549, 
title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2653.)


                             Methane Studies

    Section 603 of Pub. L. 101-549 provided that:
    ``(a) Economically Justified Actions.--Not later than 2 years after 
enactment of this Act [Nov. 15, 1990], the Administrator shall prepare 
and submit a report to the Congress that identifies activities, 
substances, processes, or combinations thereof that could reduce methane 
emissions and that are economically and technologically justified with 
and without consideration of environmental benefit.
    ``(b) Domestic Methane Source Inventory and Control.--Not later than 
2 years after the enactment of this Act [Nov. 15, 1990], the 
Administrator, in consultation and coordination with the Secretary of 
Energy and the Secretary of Agriculture, shall prepare and submit to the 
Congress reports on each of the following:
        ``(1) Methane emissions associated with natural gas extraction, 
    transportation, distribution, storage, and use. Such report shall 
    include an inventory of methane emissions associated with such 
    activities within the United States. Such emissions include, but are 
    not limited to, accidental and intentional releases from natural gas 
    and oil wells, pipelines, processing facilities, and gas burners. 
    The report shall also include an inventory of methane generation 
    with such activities.
        ``(2) Methane emissions associated with coal extraction, 
    transportation, distribution, storage, and use. Such report shall 
    include an inventory of methane emissions associated with such 
    activities within the United States. Such emissions include, but are 
    not limited to, accidental and intentional releases from mining 
    shafts, degasification wells, gas recovery wells and equipment, and 
    from the processing and use of coal. The report shall also include 
    an inventory of methane generation with such activities.
        ``(3) Methane emissions associated with management of solid 
    waste. Such report shall include an inventory of methane emissions 
    associated with all forms of waste management in the United States, 
    including storage, treatment, and disposal.
        ``(4) Methane emissions associated with agriculture. Such report 
    shall include an inventory of methane emissions associated with rice 
    and livestock production in the United States.
        ``(5) Methane emissions associated with biomass burning. Such 
    report shall include an inventory of methane emissions associated 
    with the intentional burning of agricultural wastes, wood, 
    grasslands, and forests.
        ``(6) Other methane emissions associated with human activities. 
    Such report shall identify and inventory other domestic sources of 
    methane emissions that are deemed by the Administrator and other 
    such agencies to be significant.
    ``(c) International Studies.--
        ``(1) Methane emissions.--Not later than 2 years after the 
    enactment of this Act [Nov. 15, 1990], the Administrator shall 
    prepare and submit to the Congress a report on methane emissions 
    from countries other than the United States. Such report shall 
    include inventories of methane emissions associated with the 
    activities listed in subsection (b).
        ``(2) Preventing increases in methane concentrations.--Not later 
    than 2 years after the enactment of this Act [Nov. 15, 1990], the 
    Administrator shall prepare and submit to the Congress a report that 
    analyzes the potential for preventing an increase in atmospheric 
    concentrations of methane from activities and sources in other 
    countries. Such report shall identify and evaluate the technical 
    options for reducing methane emission from each of the activities 
    listed in subsection (b), as well as other activities or sources 
    that are deemed by the Administrator in consultation with other 
    relevant Federal agencies and departments to be significant and 
    shall include an evaluation of costs. The report shall identify the 
    emissions reductions that would need to be achieved to prevent 
    increasing atmospheric concentrations of methane. The report shall 
    also identify technology transfer programs that could promote 
    methane emissions reductions in lesser developed countries.
    ``(d) Natural Sources.--Not later than 2 years after the enactment 
of this Act [Nov. 15, 1990], the Administrator shall prepare and submit 
to the Congress a report on--
        ``(1) methane emissions from biogenic sources such as (A) 
    tropical, temperate, and subarctic forests, (B) tundra, and (C) 
    freshwater and saltwater wetlands; and
        ``(2) the changes in methane emissions from biogenic sources 
    that may occur as a result of potential increases in temperatures 
    and atmospheric concentrations of carbon dioxide.
    ``(e) Study of Measures To Limit Growth in Methane Concentrations.--
Not later than 2 years after the completion of the studies in 
subsections (b), (c), and (d), the Administrator shall prepare and 
submit to the Congress a report that presents options outlining measures 
that could be implemented to stop or reduce the growth in atmospheric 
concentrations of methane from sources within the United States referred 
to in paragraphs (1) through (6) of subsection (b). This study shall 
identify and evaluate the technical options for reducing methane 
emissions from each of the activities listed in subsection (b), as well 
as other activities or sources deemed by such agencies to be 
significant, and shall include an evaluation of costs, technology, 
safety, energy, and other factors. The study shall be based on the other 
studies under this section. The study shall also identify programs of 
the United States and international lending agencies that could be used 
to induce lesser developed countries to undertake measures that will 
reduce methane emissions and the resource needs of such programs.
    ``(f) Information Gathering.--In carrying out the studies under this 
section, the provisions and requirements of section 114 of the Clean Air 
Act [42 U.S.C. 7414] shall be available for purposes of obtaining 
information to carry out such studies.
    ``(g) Consultation and Coordination.--In preparing the studies under 
this section the Administrator shall consult and coordinate with the 
Secretary of Energy, the Administrators of the National Aeronautics and 
Space Administration and the National Oceanic and Atmospheric 
Administration, and the heads of other relevant Federal agencies and 
departments. In the case of the studies under subsections (a), (b), and 
(e), such consultation and coordination shall include the Secretary of 
Agriculture.''
