
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7671d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
              SUBCHAPTER VI--STRATOSPHERIC OZONE PROTECTION
 
Sec. 7671d. Phase-out of production and consumption of class II 
        substances
        

(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; or
        (3) is used as a refrigerant in appliances manufactured prior to 
    January 1, 2020.

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. 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 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 II substances under this subchapter.

(d) Exceptions

                         (1) Medical devices

        (A) In general

            Notwithstanding the termination of production required under 
        subsection (b)(2) of this section and the restriction on use 
        referred to in subsection (a) 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 and use of limited quantities 
        of class II substances solely for purposes of 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.

        (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 subsection (a) or (b) of 
        this section, 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 purposes of 
        satisfying the basic domestic needs of such countries.

        (B) Cap on exception

            (i) Under no circumstances may the authority set forth in 
        subparagraph (A) be applied to authorize any person to produce a 
        class II substance in any year following the effective date of 
        subsection (b)(1) of this section and before the year 2030 in 
        annual quantities greater than 110 percent of the quantity of 
        such substance produced by such person during the baseline year.
            (ii) Under no circumstances may the authority set forth in 
        subparagraph (A) be applied to authorize any person to produce a 
        class II substance in the year 2030, or any year thereafter, in 
        an annual quantity greater 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 January 1, 2040.

(July 14, 1955, ch. 360, title VI, Sec. 605, as added Pub. L. 101-549, 
title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2658.)

                  Section Referred to in Other Sections

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