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(continued)
to protection from disclosure under section 114(c) of this Act,
the applicant or permittee may submit such information
separately. The requirements of section 114(c) shall apply to
such information. The contents of a permit shall not be entitled
to protection under section 114(c).
[42 U.S.C. 7661b]
SEC. 504. PERMIT REQUIREMENTS AND CONDITIONS.
(a) Conditions.- Each permit issued under this title shall
include enforceable emission limitations and standards, a
schedule of compliance, a requirement that the permittee submit
to the permitting authority, no less often than every 6 months,
the results of any required monitoring, and such other conditions
as are necessary to assure compliance with applicable
requirements of this Act, including the requirements of the
applicable implementation plan.
(b) Monitoring and Analysis.- The Administrator may by rule
prescribe procedures and methods for determining compliance and
for monitoring and analysis of pollutants regulated under this
Act, but continuous emissions monitoring need not be required if
alternative methods are available that provide sufficiently
reliable and timely information for determining compliance.
Nothing in this subsection shall be construed to affect any
continuous emissions monitoring requirement of title IV, or where
required elsewhere in this Act.
(c) Inspection, Entry, Monitoring, Certification, and Report-
ing.- Each permit issued under this title shall set forth
inspection, entry, monitoring, compliance certification, and
reporting requirements to assure compliance with the permit terms
and conditions. Such monitoring and reporting requirements shall
conform to any applicable regulation under subsection (b). Any
report required to be submitted by a permit issued to a corpora-
tion under this title shall be signed by a responsible corporate
official, who shall certify its accuracy.
(d) General Permits.- The permitting authority may, after
notice and opportunity for public hearing, issue a general permit
covering numerous similar sources. Any general permit shall
comply with all requirements applicable to permits under this
title. No source covered by a general permit shall thereby be
relieved from the obligation to file an application under section
503.
(e) Temporary Sources.- The permitting authority may issue a
single permit authorizing emissions from similar operations at
multiple temporary locations. No such permit shall be issued
unless it includes conditions that will assure compliance with
all the requirements of this Act at all authorized locations,
including, but not limited to, ambient standards and compliance
with any applicable increment or visibility requirements under
part C of title I. Any such permit shall in addition require the



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owner or operator to notify the permitting authority in advance
of each change in location. The permitting authority may require
a separate permit fee for operations at each location.
(f) Permit Shield.- Compliance with a permit issued in accor-
dance with this title shall be deemed compliance with section
502. Except as otherwiseprovided by the Administrator by rule,
the permit may also provide that compliance with the permit shall
be deemed compliance with other applicable provisions of this Act
that relate to the permittee if-
(1) the permit includes the applicable requirements of
such provisions, or
(2) the permitting authority in acting on the permit
application makes a determination relating to the permittee
that such other provisions (which shall be referred to in
such determination) are not applicable and the permit
includes the determination or a concise summary thereof.
Nothing in the preceding sentence shall alter or affect the
provisions of section 303, including the authority of the
Administrator under that section.
[42 U.S.C. 7661c]
SEC. 505. NOTIFICATION TO ADMINISTRATOR AND CONTIGUOUS STATES.
(a) Transmission and Notice.- (1) Each permitting authority-
(A) shall transmit to the Administrator a copy of each
permit application (and any application for a permit modifi-
cation or renewal) or such portion thereof, including any
compliance plan, as the Administrator may require to effec-
tively review the application and otherwise to carry out the
Administrator's responsibilities under this Act, and
(B) shall provide to the Administrator a copy of each
permit proposed to be issued and issued as a final permit.
(2) The permitting authority shall notify all States-
(A) whose air quality may be affected and that are
contiguous to the State in which the emission originates, or
(B) that are within 50 miles of the source,
of each permit application or proposed permit forwarded to the
Administrator under this section, and shall provide an
opportunity for such States to submit written recommendations
respecting the issuance of the permit and its terms and
conditions. If any part of those recommendations are not accepted
by the permitting authority, such authority shall notify the
State submitting the recommendations and the Administrator in
writing of its failure to accept those recommendations and the
reasons therefor.
(b) Objection by EPA.- (1) If any permit contains provisions
that are determined by the Administrator as not in compliance
with the applicable requirements of this Act, including the
requirements of an applicable implementation plan, the
Administrator shall, in accordance with this subsection, object
to its issuance. The permitting authority shall respond in
writing if the Administrator (A) within 45 days after receiving a
copy of the proposed permit under subsection (a)(1), or (B)
within 45 days after receiving notification under subsection
(a)(2), objects in writing to its issuance as not in compliance
with such requirements. With the objection, the Administrator
shall provide a statement of the

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reasons for the objection. A copy of the objection and statement
shall be provided to the applicant.
(2) If the Administrator does not object in writing to the
issuance of a permit pursuant to paragraph (1), any person may
petition the Administrator within 60 days after the expiration of
the 45-day review period specified in paragraph (1) to take such
action. A copy of such petition shall be provided to the permit-
ting authority and the applicant by the petitioner. The petition
shall be based only on objections to the permit that were raised
with reasonable specificity during the public comment period
provided by the permitting agency (unless the petitioner demon-
strates in the petition to the Administrator that it was
impracticable to raise such objections within such period or
unless the grounds for such objection arose after such period).
The petition shall identify all such objections. If the permit
has been issued by the permitting agency, such petition shall not
postpone the effectiveness of the permit. The Administrator shall
grant or deny such petition within 60 days after the petition is
filed. The Administrator shall issue an objection within such
period if the petitioner demonstrates to the Administrator that
the permit is not in compliance with the requirements of this
Act, including the requirements of the applicable implementation
plan. Any denial of such petition shall be subject to judicial
review under section 307. TheAdministrator shall include in
regulations under this title provisions to implement this
paragraph. The Administrator may not delegate the requirements of
this paragraph.
(3) Upon receipt of an objection by the Administrator under
this subsection, the permitting authority may not issue the
permit unless it is revised and issued in accordance with
subsection (c). If the permitting authority has issued a permit
prior to receipt of an objection by the Administrator under
paragraph (2) of this subsection, the Administrator shall modify,
terminate, or revoke such permit and the permitting authority may
thereafter only issue a revised permit in accordance with
subsection (c).
(c) Issuance or Denial.- If the permitting authority fails,
within 90 days after the date of an objection under subsection
(b), to submit a permit revised to meet the objection, the
Administrator shall issue or deny the permit in accordance with
the requirements of this title. No objection shall be subject to
judicial review until the Administrator takes final action to
issue or deny a permit under this subsection.
(d) Waiver of Notification Requirements.- (1) The
Administrator may waive the requirements of subsections (a) and
(b) at the time of approval of a permit program under this title
for any category (including any class, type, or size within such
category) of sources covered by the program other than major
sources.
(2) The Administrator may, by regulation, establish categories
of sources (including any class, type, or size within such
category) to which the requirements of subsections (a) and (b)
shall not apply. The preceding sentence shall not apply to major
sources.


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(3) The Administrator may exclude from any waiver under this
subsection notification under subsection (a)(2). Any waiver
granted under this subsection may be revoked or modified by the
Administrator by rule.
(e) Refusal of Permitting Authority To Terminate, Modify, or
Revoke and Reissue.- If the Administrator finds that cause
exists to terminate, modify, or revoke and reissue a permit under
this title, the Administrator shall notify the permitting
authority and the source of the Administrator's finding. The
permitting authority shall, within 90 days after receipt of such
notification, forward to the Administrator under this section a
proposed determination of termination, modification, or
revocation and reissuance, as appropriate. The Administrator may
extend such 90 day period for an additional 90 days if the
Administrator finds that a new or revised permit application is
necessary, or that the permitting authority must require the
permittee to submit additional information. The Administrator may
review such proposed determination under the provisions of
subsections (a) and (b). If the permitting authority fails to
submit the required proposed determination, or if the
Administrator objects and the permitting authority fails to
resolve the objection within 90 days, the Administrator may,
after notice and in accordance with fair and reasonable
procedures, terminate, modify, or revoke and reissue the permit.
[42 U.S.C. 7661d]
SEC. 506. OTHER AUTHORITIES.
(a) In General.- Nothing in this title shall prevent a State,
or interstate permitting authority, from establishing additional
permitting requirements not inconsistent with this Act.
(b) Permits Implementing Acid Rain Provisions.- The provisions
of this title, including provisions regarding schedules for
submission and approval or disapproval of permit applications,
shall apply to permits implementing the requirements of title IV
except as modified by that title.
[42 U.S.C. 7661e]
SEC. 507. SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND
ENVIRONMENTALCOMPLIANCE ASSISTANCE PROGRAM.
(a) Plan Revisions.- Consistent with sections 110 and 112,
each State shall, after reasonable notice and public hearings,
adopt and submit to the Administrator as part of the State
implementation plan for such State or as a revision to such State
implementation plan under section 110, plans for establishing a
small business stationary source technical and environmental
compliance assistance program. Such submission shall be made
within 24 months after the date of the enactment of the Clean Air
Act Amendments of 1990. TheAdministrator shall approve such
program if it includes each of the following:
(1) Adequate mechanisms for developing, collecting, and
coordinating information concerning compliance methods and
technologies for small business stationary sources, and
programs to encourage lawful cooperation among such sources
and other persons to further compliance with this Act.
(2) Adequate mechanisms for assisting small business
stationary sources with pollution prevention and accidental
release detection and prevention, including providing

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information concerning alternative technologies, process
changes, products, and methods of operation that help reduce
air pollution.
(3) A designated State office within the relevant State
agency to serve as ombudsman for small business stationary
sources in connection with the implementation of this Act.
(4) A compliance assistance program for small business
stationary sources which assists small business stationary
sources in determining applicable requirements and in
receiving permits under this Act in a timely and efficient
manner.
(5) Adequate mechanisms to assure that small business
stationary sources receive notice of their rights under this
Act in such manner and form as to assure reasonably adequate
time for such sources to evaluate compliance methods and any
relevant or applicable proposed or final regulation or
standard issued under this Act.
(6) Adequate mechanisms for informing small business
stationary sources of their obligations under this Act,
including mechanisms for referring such sources to qualified
auditors or, at the option of the State, for providing
audits of the operations of such sources to determine
compliance with this Act.
(7) Procedures for consideration of requests from a small
business stationary source for modification of-
(A) any work practice or technological method of
compliance, or
(B) the schedule of milestones for implementing such
work practice or method of compliance preceding any
applicable compliance date,
based on the technological and financial capability of any
such small business stationary source. No such modification
may be granted unless it is in compliance with the
applicable requirements of this Act, including the
requirements of the applicable implementation plan. Where
such applicable requirements are set forth in Federal
regulations, only modifications authorized in such
regulations may be allowed.
(b) Program.- The Administrator shall establish within 9
months after the date of the enactment of the Clean Air Act
Amendments of 1990 a small business stationary source technical
and environmental compliance assistance program. Such program
shall-
(1) assist the States in the development of the program
required under subsection (a) (relating to assistance for
small business stationary sources);
(2) issue guidance for the use of the States in the imple-
mentation of these programs that includes alternative
control technologies and pollution prevention methods
applicable to small business stationary sources; and
(3) provide for implementation of the program provisions
required under subsection (a)(4) in any State that fails to
submit such a program under that subsection.



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(c) Eligibility.- (1) Except as provided in paragraphs (2) and
(3), for purposes of this section, the term "small business
stationary source" means a stationary source that-
(A) is owned or operated by a person that employs 100 or
fewer individuals,
(B) is a small business concern as defined in the Small
Business Act;
(C) is not a major stationary source;
(D) does not emit 50 tons or more per year of any
regulated pollutant; and
(E) emits less than 75 tons per year of all regulated
pollutants.
(2) Upon petition by a source, the State may, after notice and
opportunity for public comment, include as a small business
stationary source for purposes of this section any stationary
source which does not meet the criteria of subparagraphs (C),
(D), or (E) of paragraph (1) but which does not emit more than
100 tons per year of all regulated pollutants.
(3)(A) The Administrator, in consultation with the
Administrator of the Small Business Administration and after
providing notice and opportunity for public comment, may exclude
from the small business stationary source definition under this
section any category or subcategory of sources that the
Administrator determines to have sufficient technical and
financial capabilities to meet the requirements of this Act
without the application of this subsection.
(B) The State, in consultation with the Administrator and the
Administrator of the Small Business Administration and after
providing notice and opportunity for public hearing, may exclude
from the small business stationary source definition under this
section any category or subcategory of sources that the State
determines to have sufficient technical and financial
capabilities to meet the requirements of this Act without the
application of this subsection.
(d) Monitoring.- The Administrator shall direct the Agency's
Office of Small and Disadvantaged Business Utilization through
the Small Business Ombudsman (hereinafter in this section
referred to as the "Ombudsman") to monitor the small business
stationary source technical and environmental compliance
assistance program under this section. In carrying out such
monitoring activities, the Ombudsman shall-
(1) render advisory opinions on the overall effectiveness
of the Small Business Stationary Source Technical and
Environmental Compliance Assistance Program, difficulties
encountered, and degree and severity of enforcement;
(2) make periodic reports to the Congress on the
compliance of the Small Business Stationary Source Technical
and Environmental Compliance Assistance Program with the
requirements of the Paperwork Reduction Act, the Regulatory
Flexibility Act, and the Equal Access to Justice Act;
(3) review information to be issued by the Small Business
Stationary Source Technical and Environmental Compliance
Assistance Program for small business stationary sources to
ensure that the information is understandable by the lay-
person; and

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(4) have the Small Business Stationary Source Technical
and Environmental Compliance Assistance Program serve as the
secretariat for the development and dissemination of such
reports and advisory opinions.
(e) Compliance Advisory Panel.- (1) There shall be created a
Compliance Advisory Panel (hereinafter referred to as the
"Panel") on the State level of not less than 7 individuals. This
Panel shall-
(A) render advisory opinions concerning the effectiveness
of the small business stationary source technical and
environmental compliance assistance program, difficulties
encountered, and degree and severity of enforcement;
(B) make periodic reports to the Administrator concerning
the compliance of the State Small Business Stationary Source
Technical and Environmental Compliance Assistance Program
with the requirements of the Paperwork Reduction Act, the
Regulatory Flexibility Act, and the Equal Access to Justice
Act;
(C) review information for small business stationary
sources to assure such information is understandable by the
layperson; and
(D) have the Small Business Stationary Source Technical
and Environmental Compliance Assistance Program serve as the
secretariat for the development and dissemination of such
reports and advisory opinions.
(2) The Panel shall consist of-
(A) 2 members, who are not owners, or representatives of
owners, of small business stationary sources, selected by
the Governor to represent the general public;
(B) 2 members selected by the State legislature who are
owners, or who represent owners, of small business
stationary sources (1 member each by the majority and
minority leadership of the lower house, or in the case of a
unicameral State legislature, 2 members each shall be
selected by the majority leadership and the minority
leadership, respectively, of such legislature, and
subparagraph (C) shall not apply);
(C) 2 members selected by the State legislature who are
owners, or who represent owners, of small business
stationary sources (1 member each by the majority and
minority leadership of the upper house, or the equivalent
State entity); and
(D) 1 member selected by the head of the department or
agency of the State responsible for air pollution permit
programs to represent that agency.
(f) Fees.- The State (or the Administrator) may reduce any fee
required under this Act to take into account the financial
resources of small business stationary sources.
(g) Continuous Emission Monitors.- In developing regulations
and CTGs under this Act that contain continuous emission monitor-
ing requirements, the Administrator, consistent with the require-
ments of this Act, before applying such requirements to small
business stationary sources, shall consider the necessity and
appropriateness of such requirements for such sources. Nothing in


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this subsection shall affect the applicability of title IV
provisions relating to continuous emissions monitoring.
(h) Control Technique Guidelines.- The Administrator shall
consider, consistent with the requirements of this Act, the size,
type, and technical capabilities of small business stationary
sources (and sources which are eligible under subsection (c)(2)
to
be treated as small business stationary sources) in developing
CTGs applicable to such sources under this Act.
[42 U.S.C. 7661f]

TITLE VI- STRATOSPHERIC OZONE PROTECTION

Table of Contents
Sec. 601. Definitions.
Sec. 602. Listing of class I and class II substances.
Sec. 603. Monitoring and reporting requirements.
Sec. 604. Phase-out of production and consumption of class I substances.
Sec. 605. Phase-out of production and consumption of class II substances.
Sec. 606. Accelerated schedule.
Sec. 607. Exchanges. [Exchange authority.]
Sec. 608. National recycling and emission reduction program.
Sec. 609. Servicing of motor vehicle air conditioners.
Sec. 610. Nonessential products containing chlorofluorocarbons.
Sec. 611. Labeling.
Sec. 612. Safe alternatives policy.
Sec. 613. Federal procurement.
Sec. 614. Relationship to other law.
Sec. 615. Authority of Administrator.
Sec. 616. Transfers among Parties to the Montreal Protocol.
Sec. 617. International cooperation.
Sec. 618. Miscellaneous [provisions].
SEC. 601. DEFINITIONS.
As used in this title-
(1) Appliance.- The term "appliance" means any device
which contains and uses a class I or class II substance as a
refrigerant and which is used for household or commercial
purposes, including any air conditioner, refrigerator,
chiller, or freezer.
(2) Baseline year.- The term "baseline year" means-
(A) the calendar year 1986, in the case of any class
I substance listed in Group I or II under section
602(a),
(B) the calendar year 1989, in the case of any class
I substance listed in Group III, IV, or V under section
602(a), and
(C) a representative calendar year selected by the
Administrator, in the case of-
(i) any substance added to the list of class I
substances after the publication of the initial
list under section 602(a), and
(ii) any class II substance.
(3) Class i substance.- The term "class I substance"
means each of the substances listed as provided in section
602(a).

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(4) Class ii substance.- The term "class II substance"
means each of the substances listed as provided in section
602(b).
(5) Commissioner.- The term "Commissioner" means the
Commissioner of the Food and Drug Administration.
(6) Consumption.- The term "consumption" means, with
respect to any substance, the amount of that substance
produced in the United States, plus the amount imported,
minus the amount exported to Parties to the Montreal Proto-
col. Such term shall be construed in a manner consistent
with the Montreal Protocol.
(7) Import.- The term "import" means to land on, bring
into, or introduce into, or attempt to land on, bring into,
or introduce into, any place subject to the jurisdiction of
the United States, whether or not such landing, bringing, or
introduction constitutes an importation within the meaning
of the customs laws of the United States.
(8) Medical device.- The term "medical device" means any
device (as defined in the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321)), diagnostic product, drug (as defined
in the Federal Food, Drug, and Cosmetic Act), and drug
delivery system-
(A) if such device, product, drug, or drug delivery
system utilizes a class I or class II substance for
which no safe and effective alternative has been
developed, and where necessary, approved by the Commis-
sioner; and
(B) if such device, product, drug, or drug delivery
system, has, after notice and opportunity for public
comment, been approved and determined to be essential
by the Commissioner in consultation with the
Administrator.
(9) Montreal protocol.- The terms "Montreal Protocol" and
"the Protocol" mean the Montreal Protocol on Substances that
Deplete the Ozone Layer, a protocol to the Vienna Convention
for the Protection of the Ozone Layer, including adjustments
adopted by Parties thereto and amendments that have entered
into force.
(10) Ozone-depletion potential.- The term
"ozone-depletion potential" means a factor established by
the Administrator to reflect the ozone-depletion potential
of a substance, on a mass per kilogram basis, as compared to
chlorofluorocarbon-11 (CFC0911). Such factor shall be based
upon the substance's atmospheric lifetime, the molecular
weight of bromine and chlorine, and the substance's ability
to be photolytically disassociated, and upon other factors
determined to be an accurate measure of relative
ozone-depletion potential.
(11) Produce, produced, and production.- The terms "pro-
duce", "produced", and "production", refer to the
manufacture of a substance from any raw material or
feedstock chemical, but such terms do not include-
(A) the manufacture of a substance that is used and
entirely consumed (except for trace quantities) in the
manufacture of other chemicals, or

389





(B) the reuse or recycling of a substance.
[42 U.S.C. 7671]

SEC. 602. LISTING OF CLASS I AND CLASS II SUBSTANCES.
(a) List of Class I Substances.- Within 60 days after
enactment of the Clean Air Act Amendments of 1990, the
Administrator shall publish an initial list of class I
substances, which list shall contain the following substances:

Group I
chlorofluorocarbon-11 (CFC-11)
chlorofluorocarbon-12 (CFC-12)
chlorofluorocarbon-113 (CFC-113)
chlorofluorocarbon-114 (CFC-114)
chlorofluorocarbon-115 (CFC-115)

Group II
halon-1211
halon-1301
halon-2402

Group III
chlorofluorocarbon-13 (CFC-13)
chlorofluorocarbon-111 (CFC-111)
chlorofluorocarbon-112 (CFC-112)
chlorofluorocarbon-211 (CFC-211)
chlorofluorocarbon-212 (CFC-212)
chlorofluorocarbon-213 (CFC-213)
chlorofluorocarbon-214 (CFC-214)
chlorofluorocarbon-215 (CFC-215)
chlorofluorocarbon-216 (CFC-216)
chlorofluorocarbon-217 (CFC-217)

Group IV
carbon tetrachloride

Group V
methyl chloroform

The initial list under this subsection shall also include the
isomers of the substances listed above, other than
1,1,2-trichloroethane (an isomer of methyl chloroform). Pursuant
to subsection (c), the Administrator shall add to the list of
class I substances any other substance that the Administrator
finds causes or contributes significantly to harmful effects on
the stratospheric ozone layer. The Administrator shall, pursuant
to subsection (c), add to such list all substances that the
Administrator determines have an ozone depletion potential of 0.2
or greater.
(b) List of Class II Substances.- Simultaneously with publica-
tion of the initial list of class I substances, the Administrator
shall publish an initial list of class II substances, which shall
contain the following substances:

hydrochlorofluorocarbon-21 (HCFC-21)

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hydrochlorofluorocarbon-22 (HCFC-22)
hydrochlorofluorocarbon-31 (HCFC-31)
hydrochlorofluorocarbon-121 (HCFC-121)
hydrochlorofluorocarbon-122 (HCFC-122)
hydrochlorofluorocarbon-123 (HCFC-123)
hydrochlorofluorocarbon-124 (HCFC-124)
hydrochlorofluorocarbon-131 (HCFC-131)
hydrochlorofluorocarbon-132 (HCFC-132)
hydrochlorofluorocarbon-133 (HCFC-133)
hydrochlorofluorocarbon-141 (HCFC-141)
hydrochlorofluorocarbon-142 (HCFC-142)
hydrochlorofluorocarbon-221 (HCFC-221)
hydrochlorofluorocarbon-222 (HCFC-222)
hydrochlorofluorocarbon-223 (HCFC-223)
hydrochlorofluorocarbon-224 (HCFC-224)
hydrochlorofluorocarbon-225 (HCFC-225)
hydrochlorofluorocarbon-226 (HCFC-226)
hydrochlorofluorocarbon-231 (HCFC-231)
hydrochlorofluorocarbon-232 (HCFC-232)
hydrochlorofluorocarbon-233 (HCFC-233)
hydrochlorofluorocarbon-234 (HCFC-234)
hydrochlorofluorocarbon-235 (HCFC-235)
hydrochlorofluorocarbon-241 (HCFC-241)
hydrochlorofluorocarbon-242 (HCFC-242)
hydrochlorofluorocarbon-243 (HCFC-243)
hydrochlorofluorocarbon-244 (HCFC-244)
hydrochlorofluorocarbon-251 (HCFC-251)
hydrochlorofluorocarbon-252 (HCFC-252)
hydrochlorofluorocarbon-253 (HCFC-253)
hydrochlorofluorocarbon-261 (HCFC-261)
hydrochlorofluorocarbon-262 (HCFC-262)
hydrochlorofluorocarbon-271 (HCFC-271)

The initial list under this subsection shall also include the
isomers of the substances listed above. Pursuant to subsection
(c), the Administrator shall add to the list of class II
substances any other substance that the Administrator finds is
known or may reasonably be anticipated to cause or contribute to
harmful effects on the stratospheric ozone layer.
(c) Additions to the Lists.- (1) The Administrator may add, by
rule, in accordance with the criteria set forth in subsection (a)
or (b), as the case may be, any substance to the list of class I
or class II substances under subsection (a) or (b). For purposes
of exchanges under section 507, whenever a substance is added to
the list of class I substances the Administrator shall, to the
extent consistent with the Montreal Protocol, assign such
substance to existing Group I, II, III, IV, or V or place such
substance in a new Group.
(2) Periodically, but not less frequently than every 3 years
after the enactment of the Clean Air Act Amendments of 1990, the
Administrator shall list, by rule, as additional class I or class
II substances those substances which the Administrator finds meet
the criteria of subsection (a) or (b), as the case may be.
(3) At any time, any person may petition the Administrator to
add a substance to the list of class I or class II substances.

391





Pursuant to the criteria set forth in subsection (a) or (b) as
the case may be, within 180 days after receiving such a petition,
the Administrator shall either propose to add the substance to
such list or publish an explanation of the petition denial. In
any case where the Administrator proposes to add a substance to
such list, the Administrator shall add, by rule, (or make a final
determination not to add) such substance to such list within 1
year after receiving such petition. Any petition under this
paragraph shall include a showing by the petitioner that there
are data on the substance adequate to support the petition. If
the Administrator determines that information on the substance is
not sufficient to make a determination under this paragraph, the
Administrator shall use any authority available to the
Administrator, under any law administered by the Administrator,
to acquire such information.
(4) Only a class II substance which is added to the list of
class I substances may be removed from the list of class II sub-
stances. No substance referred to in subsection (a), including
methyl chloroform, may be removed from the list of class I
substances.
(d) New Listed Substances.- In the case of any substance added
to the list of class I or class II substances after publication
of the initial list of such substances under this section, the
Administrator may extend any schedule or compliance deadline
contained in section 604 or 605 to a later date than specified in
such sections if such schedule or deadline is unattainable,
considering when such substance is added to the list. No
extension under this subsection may extend the date for
termination of production of any class I substance to a date more
than 7 years after January 1 of the year after the year in which
the substance is added to the list of class I substances. No
extension under this subsection may extend the date for
termination of production of any class II substance to a date
more than 10 years after January 1 of the year after the year in
which the substance is added to the list of class II substances.
(e) Ozone-Depletion and Global Warming Potential.- Simulta-
neously with publication of the lists under this section and
simultaneously with any addition to either of such lists, the
Administrator shall assign to each listed substance a numerical
value representing the substance's ozone-depletion potential. In
addition, the Administrator shall publish the chlorine and
bromine loading potential and the atmospheric lifetime of each
listed substance. One year after enactment of the Clean Air Act
Amendments of 1990 (one year after the addition of a substance to
either of such lists in the case of a substance added after the
publication of the initial lists of such substances), and after
notice and opportunity for public comment, the Administrator
shall publish the global warming potential of each listed
substance. The preceding sentence shall not be construed to be
the basis of any additional regulation under this Act. In the
case of the substances referred to in table 1, the
ozone-depletion potential shall be as specified in table 1,
unless the Administrator adjusts the substance's ozone-depletion
potential based on criteria referred to in section 601(10):
Table 1

392





Substance Ozone-depletion
potential

chlorofluorocarbon-11 (CFC-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0
chlorofluorocarbon-12 (CFC-12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0
chlorofluorocarbon-13 (CFC-13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0
chlorofluorocarbon-111 (CFC-111) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0
chlorofluorocarbon-112 (CFC-112) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0
chlorofluorocarbon-113 (CFC-113) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.8
chlorofluorocarbon-114 (CFC-114) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0
chlorofluorocarbon-115 (CFC-115) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.6
chlorofluorocarbon-211 (CFC-211) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0
chlorofluorocarbon-212 (CFC-212) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0
chlorofluorocarbon-213 (CFC-213) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0
chlorofluorocarbon-214 (CFC-214) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0
chlorofluorocarbon-215 (CFC-215) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0
chlorofluorocarbon-216 (CFC-216) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0
chlorofluorocarbon-217 (CFC-217) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0
halon-1211 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0
halon-130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.0




































393





Table 1- Continued


Substance Ozone-depletion
potential

halon-2402 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.0
carbon tetrachloride . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1
methyl chloroform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.1
hydrochlorofluorocarbon-22 (HCFC-22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.05
hydrochlorofluorocarbon-123 (HCFC-123) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.02
hydrochlorofluorocarbon-124 (HCFC-124) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.02
hydrochlorofluorocarbon-141(b) (HCFC-141(b)) . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.1
hydrochlorofluorocarbon-142(b) (HCFC-142(b)) . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.06


Where the ozone-depletion potential of a substance is specified
in the Montreal Protocol, the ozone-depletion potential specified
for that substance under this section shall be consistent with
the Montreal Protocol.

[42 U.S.C. 7671a]

SEC. 603. MONITORING AND REPORTING REQUIREMENTS.
(a) Regulations.- Within 270 days after the enactment of the
Clean Air Act Amendments of 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) 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


394





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
enactment of the Clean Air Act Amendments of 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 Adminis-
tration shall monitor, and not less often than every 3 years
following enactment of the Clean Air Act Amendments of 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
title 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, ona 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

395





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 605, 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) and updated not less
often than every 3 years.
[42 U.S.C. 7671b]
SEC. 604. 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
Date Carbon Methyl I
tetrachloride Chloroform 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 the enactment of the Clean Air Act
Amendments of 1990 phasing out the production of class I
substances in accordance with this section and other applicable
provisions of this title. The Administrator shall also promulgate
regulations to insure that the consumption of class I substances


396





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 title.
(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),
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 (continued)