
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: 42USC7671c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
              SUBCHAPTER VI--STRATOSPHERIC OZONE PROTECTION
 
Sec. 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
-------------------------------------------------------------------------------
---------------------------------
                                                                               
               Other class I
                 Date                    Carbon tetrachloride      Methyl chlor
oform            substances
-------------------------------------------------------------------------------
---------------------------------
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%...........
........
-------------------------------------------------------------------------------
---------------------------------

(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.

(July 14, 1955, ch. 360, title VI, Sec. 604, as added Pub. L. 101-549, 
title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2655; amended Pub. L. 
105-277, div. A, Sec. 101(a) [title VII, Sec. 764], Oct. 21, 1998, 112 
Stat. 2681, 2681-36.)


                               Amendments

    1998--Subsec. (d)(5), (6). Pub. L. 105-277, Sec. 101(a) [title VII, 
Sec. 764(b)], added pars. (5) and (6).
    Subsec. (e)(3). Pub. L. 105-277, Sec. 101(a) [title VII, 
Sec. 764(c)], added par. (3).
    Subsec. (h). Pub. L. 105-277, Sec. 101(a) [title VII, Sec. 764(a)], 
added subsec. (h).

                  Section Referred to in Other Sections

    This section is referred to in sections 7671a, 7671e of this title.
