
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: 42USC7671e]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
              SUBCHAPTER VI--STRATOSPHERIC OZONE PROTECTION
 
Sec. 7671e. Accelerated schedule


(a) In general

    The Administrator shall promulgate regulations, 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 substances) 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 current scientific 
    information (including any assessment under the Montreal Protocol) 
    regarding harmful effects on the stratospheric ozone layer 
    associated with a class I or class II substance, the Administrator 
    determines that such more stringent schedule may be necessary to 
    protect human health and the environment against such effects,
        (2) based on the availability of substitutes for listed 
    substances, the Administrator determines that such more stringent 
    schedule is practicable, taking into account technological 
    achievability, safety, and other relevant factors, or
        (3) the Montreal Protocol is modified to include a schedule to 
    control or reduce production, 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 applicable 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 petition. If the Administrator 
denies the petition, the Administrator shall publish an explanation of 
why the petition was denied. If the Administrator grants such petition, 
such final regulations 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 Administrator 
determines that information is not sufficient to make a determination 
under this subsection, the Administrator shall use any authority 
available to the Administrator, under any law administered by the 
Administrator, to acquire such information.

(July 14, 1955, ch. 360, title VI, Sec. 606, as added Pub. L. 101-549, 
title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2660.)

                  Section Referred to in Other Sections

    This section is referred to in section 7671d of this title.
