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(continued)
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), 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), 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 (bromotrifluoro-
methane), 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 substi-
tute has been developed and that such authorization is
necessary for aviation safety purposes.
(B) The Administrator of the Federal Aviation Administra-
tion shall, in consultation with the Administrator, examine
whether safe and effective substitutes for methyl chloroform
or alternative techniques will be available for nondestruc-
tive 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) be applied to authorize any person to
produce a class I substance in annual quantities greater

397


than 10 percent of that produced by such person during the
baseline year.
(e) Developing Countries.-
(1) Exception.- Notwithstanding the phase-out and
termination of production required under subsections (a) and
(b), the Administrator, after notice and opportunity for
public
comment, may, consistent with the Montreal Protocol, autho-
rize the production of limited quantities of a class I
substance in excess of the amounts otherwise allowable under
subsection (a) or (b), 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) in an annual quantity greater than the speci-
fied 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), 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).
(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 CFC09114
(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 title. 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.


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(g) Fire Suppression and Explosion Prevention.- (1) Notwith-
standing the production phase-out set forth in subsection (a),
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)
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 Administratorshall
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), 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 associa-
tion 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 Adminis-
trator 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.
[42 U.S.C. 7671c]
SEC. 605. PHASE-OUT OF PRODUCTION AND CONSUMPTION OF CLASS II
SUBSTANCES.


399





(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 606. The Administrator shall also
promulgateregulations 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
title.
(d) Exceptions.-
(1) Medical devices.-
(A) In general.- Notwithstanding the termination of
production required under subsection (b)(2) and the
restriction on use referred to in subsection (a), 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), 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

400





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) 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.
[42 U.S.C. 7671d]
SEC. 606. ACCELERATED SCHEDULE.
(a) In General.- The Administrator shall promulgate regula-
tions, after notice and opportunity for public comment, which
establish a schedule for phasing out the production and consump-
tion of class I and class II substances (or use of class II
substances) that is more stringent than set forth in section 604
or 605, 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 title.
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 title.
(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

401





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.
[42 U.S.C. 7671e]
SEC. 607. EXCHANGE AUTHORITY.
(a) Transfers.- The Administrator shall, within 10 months
after the enactment of the Clean Air Act Amendments of 1990,
promulgate rules under this title providing for the issuance of
allowances for the production of class I and II substances in
accordance with the requirements of this title and governing the
transfer of such allowances. Such rules shall insure that the
transactions under the authority of this section will result in
greater total reductions in the production in each year of class
I and class II substances than would occur in that year in the
absence of such transactions.
(b) Interpollutant Transfers.- (1) The rules under this
section shall permit a production allowance for a substance for
any year to be transferred for a production allowance for another
substance for the same year on an ozone depletion weighted basis.
(2) Allowances for substances in each group of class I
substances (as listed pursuant to section 602) may only be
transferred for allowances for other substances in the same
Group.
(3) The Administrator shall, as appropriate, establish groups
of class II substances for trading purposes and assign class II
substances to such groups. In the case of class II substances,
allowances may only be transferred for allowances for other class
II substances that are in the same Group.
(c) Trades With Other Persons.- The rules under this section
shall permit 2 or more persons to transfer production allowances
(including interpollutant transfers which meet the requirements
of subsections (a) and (b)) if the transferor of such allowances
will be subject, under such rules, to an enforceable and
quantifiable reduction in annual production which-
(1) exceeds the reduction otherwise applicable to the
transferor under this title,
(2) exceeds the production allowances transferred to the
transferee, and
(3) would not have occurred in the absence of such
transaction.
(d) Consumption.- The rules under this section shall also
provide for the issuance of consumption allowances in accordance
with the requirements of this title and for the trading of such
allowances in the same manner as is applicable under this section
to the trading of production allowances under this section.
[42 U.S.C. 7671f]
SEC. 608. NATIONAL RECYCLING AND EMISSION REDUCTION PROGRAM.
(a) In General.- (1) The Administrator shall, by not later
than January 1, 1992, promulgate regulations establishing

402





standards and requirements regarding the use and disposal of
class I substances during the service, repair, or disposal of
appliances and industrial process refrigeration. Such standards
and requirements shall become effective not later than July 1,
1992.
(2) The Administrator shall, within 4 years after the enactment
of the Clean Air Act Amendments of 1990, promulgate regulations
establishing standards and requirements regarding use and
disposal of class I and II substances not covered by paragraph
(1), including the use and disposal of class II substances during
service, repair, or disposal of appliances and industrial process
refrigeration. Such standards and requirements shall become
effective not later than 12 months after promulgation of the
regulations.
(3) The regulations under this subsection shall include
requirements that-
(A) reduce the use and emission of such substances to the
lowest achievable level, and
(B) maximize the recapture and recycling of such substanc-
es.
Such regulations may include requirements to use alternative
substances (including substances which are not class I or class
II substances) or to minimize use of class I or class II
substances, or to promote the use of safe alternatives pursuant
to section 612 or any combination of the foregoing.
(b) Safe Disposal.- The regulations under subsection (a) shall
establish standards and requirements for the safe disposal of
class I and II substances. Such regulations shall include each of
the following-
(1) Requirements that class I or class II substances
contained in bulk in appliances, machines or other goods
shall be removed from each such appliance, machine or other
good prior to the disposal of such items or their delivery
for recycling.
(2) Requirements that any appliance, machine or other good
containing a class I or class II substance in bulk shall not
be manufactured, sold, or distributed in interstate commerce
or offered for sale or distribution in interstate commerce
unless it is equipped with a servicing aperture or an
equally effective design feature which will facilitate the
recapture of such substance during service and repair or
disposal of such item.
(3) Requirements that any product in which a class I or
class II substance is incorporated so as to constitute an
inherent element of such product shall be disposed of in a
manner that reduces, to the maximum extent practicable, the
release of such substance into the environment. If the
Administrator determines that the application of this para-
graph to any product would result in producing only
insignificant environmental benefits, the Administrator
shall include in such regulations an exception for such
product.
(c) Prohibitions.- (1) Effective July 1, 1992, it shall be
unlawful for any person, in the course of maintaining, servicing,
repairing, or disposing of an appliance or industrial process

403


refrigeration, to knowingly vent or otherwise knowingly release
or dispose of any class I or class II substance used as a
refrigerant in such appliance (or industrial process
refrigeration) in a manner which permits such substance to enter
the environment. De minimis releases associated with good faith
attempts to recapture and recycle or safely dispose of any such
substance shall not be subject to the prohibition set forth in
the preceding sentence.
(2) Effective 5 years after the enactment of the Clean Air Act
Amendments of 1990, paragraph (1) shall also apply to the
venting, release, or disposal of any substitute substance for a
class I or class II substance by any person maintaining,
servicing, repairing, or disposing of an appliance or industrial
process refrigeration which contains and uses as a refrigerant
any such substance, unless the Administrator determines that
venting, releasing, or
disposing of such substance does not pose a threat to the
environment. For purposes of this paragraph, the term "appliance"
includes any device which contains and uses as a refrigerant a
substitute substance and which is used for household or
commercial purposes, including any air conditioner, refrigerator,
chiller, or freezer.
[42 U.S.C. 7671g]
SEC. 609. SERVICING OF MOTOR VEHICLE AIR CONDITIONERS.
(a) Regulations.- Within 1 year after the enactment of the
Clean Air Act Amendments of 1990, the Administrator shall
promulgate regulations in accordance with this section establish-
ing standards and requirements regarding the servicing of motor
vehicle air conditioners.
(b) Definitions.- As used in this section-
(1) The term "refrigerant" means any class I or class II
substance used in a motor vehicle air conditioner. Effective
5 years after the enactment of the Clean Air Act Amendments
of 1990, the term "refrigerant" shall also include any
substitute substance.
(2)(A) The term "approved refrigerant recycling equipment"
means equipment certified by the Administrator (or an
independent standards testing organization approved by the
Administrator) to meet the standards established by the
Administrator and applicable to equipment for the extraction
and reclamation of refrigerant from motor vehicle air
conditioners. Such standards shall, at a minimum, be at
least as stringent as the standards of the Society of
Automotive Engineers in effect as of the date of the
enactment of the Clean Air Act Amendments of 1990 and
applicable to such equipment (SAE standard J091990).
(B) Equipment purchased before the proposal of regulations
under this section shall be considered certified if it is
substantially identical to equipment certified as provided
in subparagraph (A).
(3) The term "properly using" means, with respect to
approved refrigerant recycling equipment, using such equip-
ment in conformity with standards established by the
Administrator and applicable to the use of such equipment.
Such standards shall, at a minimum, be at least as stringent
as the standards of the Society of Automotive Engineers in
effect as of the date of the enactment of the Clean Air Act


404





Amendments of 1990 and applicable to the use of such equip-
ment (SAE standard J091989).
(4) The term "properly trained and certified" means
training and certification in the proper use of approved
refrigerant recycling equipment for motor vehicle air
conditioners in conformity with standards established by the
Administrator and applicable to the performance of service
on motor vehicle air conditioners. Such standards shall, at
a minimum, be at least as stringent as specified, as of the
date of the enactment of the Clean Air Act Amendments of
1990, in SAE standard J091989 under the certification
program of the National Institute for Automotive Service
Excellence (ASE) or under a similar program such as the
training and
certification program of the Mobile Air Conditioning Society
(MACS).
(c) Servicing Motor Vehicle Air Conditioners.- Effective
January 1, 1992, no person repairing or servicing motor vehicles
for consideration may perform any service on a motor vehicle air
conditioner involving the refrigerant for such air conditioner
without properly using approved refrigerant recycling equipment
and no such person may perform such service unless such person
has been properly trained and certified. The requirements of the
previous sentence shall not apply until January 1, 1993 in the
case of a person repairing or servicing motor vehicles for
consideration at an entity which performed service on fewer than
100 motor vehicle air conditioners during calendar year 1990 and
if such person so certifies, pursuant to subsection (d)(2), to
the Administrator by Janu- ary 1, 1992.
(d) Certification.- (1) Effective 2 years after the enactment
of the Clean Air Act Amendments of 1990, each person performing
service on motor vehicle air conditioners for consideration shall
certify to the Administrator either-
(A) that such person has acquired, and is properly using,
approved refrigerant recycling equipment in service on motor
vehicle air conditioners involving refrigerant and that each
individual authorized by such person to perform such service
is properly trained and certified; or
(B) that such person is performing such service at an
entity which serviced fewer than 100 motor vehicle air
conditioners in 1991.
(2) Effective January 1, 1993, each person who certified under
paragraph (1)(B) shall submit a certification under paragraph
(1)(A).
(3) Each certification under this subsection shall contain the
name and address of the person certifying under this subsection
and the serial number of each unit of approved recycling
equipment acquired by such person and shall be signed and
attested by the owner or another responsible officer.
Certifications under paragraph (1)(A) may be made by submitting
the required information to the Administrator on a standard form
provided by the manufacturer of certified refrigerant recycling
equipment.
(e) Small Containers of Class I or Class II Substances.-
Effective 2 years after the date of the enactment of the Clean

405





Air Act Amendments of 1990, it shall be unlawful for any person
to sell or distribute, or offer for sale or distribution, in
interstate commerce to any person (other than a person performing
service for consideration on motor vehicle air-conditioning
systems in compliance with this section) any class I or class II
substance that is suitable for use as a refrigerant in a motor
vehicle air-conditioning system and that is in a container which
contains less than 20 pounds of such refrigerant.
[42 U.S.C. 7671h]
SEC. 610. NONESSENTIAL PRODUCTS CONTAINING CHLOROFLUOROCARBONS.
(a) Regulations.- The Administrator shall promulgate regula-
tions to carry out the requirements of this section within 1 year
after the enactment of the Clean Air Act Amendments of 1990.
(b) Nonessential Products.- The regulations under this section
shall identify nonessential products that release class I
substances into the environment (including any release occurring
during manufacture, use, storage, or disposal) and prohibit any
person from selling or distributing any such product, or offering
any such product for sale or distribution, in interstate
commerce. At a minimum, such prohibition shall apply to-
Sec. 610
(1) chlorofluorocarbon-propelled plastic party streamers
and noise horns,
(2) chlorofluorocarbon-containing cleaning fluids for
noncommercial electronic and photographic equipment, and
(3) other consumer products that are determined by the
Administrator-
(A) to release class I substances into the
environment (including any release occurring during
manufacture, use, storage, or disposal), and
(B) to be nonessential.
In determining whether a product is nonessential, the Administra-
tor shall consider the purpose or intended use of the product,
the technological availability of substitutes for such product
and for such class I substance, safety, health, and other
relevant factors.
(c) Effective Date.- Effective 24 months after the enactment of
the Clean Air Act Amendments of 1990, it shall be unlawful for
any person to sell or distribute, or offer for sale or
distribution, in interstate commerce any nonessential product to
which regulations under subsection (a) implementing subsection
(b) are applicable.
(d) Other Products.- (1) Effective January 1, 1994, it shall
be unlawful for any person to sell or distribute, or offer for
sale or distribution, in interstate commerce-
(A) any aerosol product or other pressurized dispenser
which contains a class II substance; or
(B) any plastic foam product which contains, or is
manufactured with, a class II substance.
(2) The Administrator is authorized to grant exceptions from
the prohibition under subparagraph (A) of paragraph (1) where-
(A) the use of the aerosol product or pressurized
dispenser is determined by the Administrator to be essential
as a result of flammability or worker safety concerns, and


406





(B) the only available alternative to use of a class II
substance is use of a class I substance which legally could
be substituted for such class II substance.
(3) Subparagraph (B) of paragraph (1) shall not apply to-
(A) a foam insulation product, or
(B) an integral skin, rigid, or semi-rigid foam utilized
to provide for motor vehicle safety in accordance with
Federal Motor Vehicle Safety Standards where no adequate
substitute substance (other than a class I or class II
substance) is practicable for effectively meeting such
Standards.
(e) Medical Devices.- Nothing in this section shall apply to
any medical device as defined in section 601(8).
[42 U.S.C. 7671i]
SEC. 611. LABELING.
(a) Regulations.- The Administrator shall promulgate regula-
tions to implement the labeling requirements of this section
within 18 months after enactment of the Clean Air Act Amendments
of 1990, after notice and opportunity for public comment.
(b) Containers Containing Class I or Class II Substances and
Products Containing Class I Substances.- Effective 30 months
after the enactment of the Clean Air Act Amendments of 1990, no
container in which a class I or class II substance is stored or
transported, and no product containing a class I substance, shall
be introduced into interstate commerce unless it bears a clearly
legible and conspicuous label stating:
"Warning: Contains [insert name of substance], a
substance which harms public health and environment by
destroying ozone in the upper atmosphere".
(c) Products Containing Class II Substances.- (1) After 30
months after the enactment of the Clean Air Act Amendments of
1990, and before January 1, 2015, no product containing a class
II substance shall be introduced into interstate commerce unless
it bears the label referred to in subsection (b) if the
Administrator determines, after notice and opportunity for public
comment, that there are substitute products or manufacturing
processes (A) that do not rely on the use of such class II
substance, (B) that reduce the overall risk to human health and
the environment, and (C) that are currently or potentially
available.
(2) Effective January 1, 2015, the requirements of subsection
(b) shall apply to all products containing a class II substance.
(d) Products Manufactured With Class I and Class II Substanc-
es.- (1) In the case of a class II substance, after 30 months
after the enactment of the Clean Air Act Amendments of 1990, and
before January 1, 2015, if the Administrator, after notice and
opportunity for public comment, makes the determination referred
to in subsection (c) with respect to a product manufactured with
a process that uses such class II substance, no such product
shall be introduced into interstate commerce unless it bears a
clearly legible and conspicuous label stating:
"Warning: Manufactured with [insert name of substance], a
substance which harms public health and environment by
destroying ozone in the upper atmosphere"


407





(2) In the case of a class I substance, effective 30 months
after the enactment of the Clean Air Act Amendments of 1990, and
before January 1, 2015, the labeling requirements of this
subsection shall apply to all products manufactured with a
process that uses such class I substance unless the Administrator
determines that there are no substitute products or manufacturing
processes that (A) do not rely on the use of such class I
substance, (B) reduce the overall risk to human health and the
environment, and (C) are currently or potentially available.
(e) Petitions.- (1) Any person may, at any time after 18
months after the enactment of the Clean Air Act Amendments of
1990,
petition the Administrator to apply the requirements of this
section to a product containing a class II substance or a product
manufactured with a class I or II substance which is not
otherwise subject to such requirements. Within 180 days after
receiving such petition, the Administrator shall, pursuant to the
criteria set forth in subsection (c), either propose to apply the
requirements of this section to such product or publish an
explanation of the petition denial. If the Administrator proposes
to apply such requirements to such product, the Administrator
shall, by rule, render a final determination pursuant to such
criteria within 1 year after receiving such petition.
(2) Any petition under this paragaph shall include a showing by
the petitioner that there are data on the product adequate to
support the petition.
(3) If the Administrator determines that information on the
product is not sufficient to make the required determination the
Administrator shall use any authority available to the
Administrator under any law administered by the Administrator to
acquire such information.
(4) In the case of a product determined by the Administrator,
upon petition or on the Administrator's own motion, to be subject
to the requirements of this section, the Administrator shall
establish an effective date for such requirements. The effective
date shall be 1 year after such determination or 30 months after
the enactment of the Clean Air Act Amendments of 1990, whichever
is later.
(5) Effective January 1, 2015, the labeling requirements of
this subsection shall apply to all products manufactured with a
process that uses a class I or class II substance.
(f) Relationship to Other Law.- (1) The labeling requirements
of this section shall not constitute, in whole or part, a defense
to liability or a cause for reduction in damages in any suit,
whether civil or criminal, brought under any law, whether Federal
or State, other than a suit for failure to comply with the
labeling requirements of this section.
(2) No other approval of such label by the Administrator under
any other law administered by the Administrator shall be required
with respect to the labeling requirements of this section.
[42 U.S.C. 7671j]
SEC. 612. SAFE ALTERNATIVES POLICY.
(a) Policy.- To the maximum extent practicable, class I and
class II substances shall be replaced by chemicals, product


408





substitutes, or alternative manufacturing processes that reduce
overall risks to human health and the environment.
(b) Reviews and Reports.- The Administrator shall-
(1) in consultation and coordination with interested
members of the public and the heads of relevant Federal
agencies and departments, recommend Federal research
programs and other activities to assist in identifying
alternatives to the use of class I and class II substances
as refrigerants, solvents, fire retardants, foam blowing
agents, and other commercial applications and in achieving a
transition to such alternatives, and, where appropriate,
seek to maximize the use of Federal research facilities and
resources to assist
users of class I and class II substances in identifying and
developing alternatives to the use of such substances as
refrigerants, solvents, fire retardants, foam blowing
agents, and other commercial applications;
(2) examine in consultation and coordination with the
Secretary of Defense and the heads of other relevant Federal
agencies and departments, including the General Services
Administration, Federal procurement practices with respect
to class I and class II substances and recommend measures to
promote the transition by the Federal Government, as expedi-
tiously as possible, to the use of safe substitutes;
(3) specify initiatives, including appropriate
intergovernmental, international, and commercial information
and technology transfers, to promote the development and use
of safe substitutes for class I and class II substances,
including alternative chemicals, product substitutes, and
alternative manufacturing processes; and
(4) maintain a public clearinghouse of alternative chemi-
cals, product substitutes, and alternative manufacturing
processes that are available for products and manufacturing
processes which use class I and class II substances.
(c) Alternatives for Class I or II Substances.- Within 2 years
after enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate rules under this section providing
that it shall be unlawful to replace any class I or class II
substance with any substitute substance which the Administrator
determines may present adverse effects to human health or the
environment, where the Administrator has identified an
alternative to such replacement that-
(1) reduces the overall risk to human health and the
environment; and
(2) is currently or potentially available.
The Administrator shall publish a list of (A) the substitutes
prohibited under this subsection for specific uses and (B) the
safe alternatives identified under this subsection for specific
uses.
(d) Right To Petition.- Any person may petition the
Administrator to add a substance to the lists under subsection
(c) or to remove a substance from either of such lists. The
Administrator shall grant or deny the petition within 90 days
after receipt of any such petition. If the Administrator denies
the petition, the Administrator shall publish an explanation of

409





why the petition was denied. If the Administrator grants such
petition the Administrator shall publish such revised list within
6 months thereafter. Any petition under this subsection 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 subsection, the Administrator
shall use any authority available to the Administrator, under any
law administered by the Administrator, to acquire such
information.
(e) Studies and Notification.- The Administrator shall require
any person who produces a chemical substitute for a class I
substance to provide the Administrator with such person's
unpublished health and safety studies on such substitute and
require producers to notify the Administrator not less than 90
days before new or existing chemicals are introduced into
interstate commerce for significant new uses as substitutes for a
class I substance. This subsection shall be subject to section
114(c).
[42 U.S.C. 7671k]
SEC. 613. FEDERAL PROCUREMENT.
Not later than 18 months after the enactment of the Clean Air
Act Amendments of 1990, the Administrator, in consultation with
the Administrator of the General Services Administration and the
Secretary of Defense, shall promulgate regulations requiring each
department, agency, and instrumentality of the United States to
conform its procurement regulations to the policies and require-
ments of this title and to maximize the substitution of safe
alternatives identified under section 612 for class I and class
II substances. Not later than 30 months after the enactment of
the Clean Air Act Amendments of 1990, each department, agency,
and instrumentality of the United States shall so conform its
procurement regulations and certify to the President that its
regulations have been modified in accordance with this section.
[42 U.S.C. 7671l]
SEC. 614. RELATIONSHIP TO OTHER LAWS.
(a) State Laws.- Notwithstanding section 116, during the
2-year period beginning on the enactment of the Clean Air Act
Amendments of 1990, no State or local government may enforce any
requirement concerning the design of any new or recalled
appliance for the purpose of protecting the stratospheric ozone
layer.
(b) Montreal Protocol.- This title as added by the Clean Air
Act Amendments of 1990 shall be construed, interpreted, and
applied as a supplement to the terms and conditions of the
Montreal Protocol, as provided in Article 2, paragraph 11
thereof, and shall not be construed, interpreted, or applied to
abrogate the responsibilities or obligations of the United States
to implement fully the provisions of the Montreal Protocol. In
the case of conflict between any provision of this title and any
provision of the Montreal Protocol, the more stringent provision
shall govern. Nothing in this title shall be construed,
interpreted, or applied to affect the authority or responsibility
of the Administrator to implement Article 4 of the Montreal
Protocol with other appropriate agencies.

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(c) Technology Export and Overseas Investment.- Upon enactment
of this title, the President shall-
(1) prohibit the export of technologies used to produce a
class I substance;
(2) prohibit direct or indirect investments by any person
in facilities designed to produce a class I or class II
substance in nations that are not parties to the Montreal
Protocol; and
(3) direct that no agency of the government provide
bilateral or multilateral subsidies, aids, credits, guaran-
tees, or insurance programs, for the purpose of producing
any class I substance.
[42 U.S.C. 7671m]

SEC. 615. AUTHORITY OF ADMINISTRATOR.
If, in the Administrator's judgment, any substance, practice,
process, or activity may reasonably be anticipated to affect the
stratosphere, especially ozone in the stratosphere, and such
effect may reasonably be anticipated to endanger public health or
welfare, the Administrator shall promptly promulgate regulations
respecting the control of such substance, practice, process, or
activity, and shall submit notice of the proposal and
promulgation of such regulation to the Congress.
[42 U.S.C. 7671n]
SEC. 616. TRANSFERS AMONG PARTIES TO MONTREAL PROTOCOL.
(a) In General.- Consistent with the Montreal Protocol, the
United States may engage in transfers with other Parties to the
Protocol under the following conditions:
(1) The United States may transfer production allowances
to another Party if, at the time of such transfer, the
Administrator establishes revised production limits for the
United States such that the aggregate national United States
production permitted under the revised production limits
equals the lesser of (A) the maximum production level
permitted for the substance or substances concerned in the
transfer year under the Protocol minus the production
allowances transferred, (B) the maximum production level
permitted for the substance or substances concerned in the
transfer year under applicable domestic law minus the
production allowances transferred, or (C) the average of the
actual national production level of the substance or
substances concerned for the 3 years prior to the transfer
minus the production allowances transferred.
(2) The United States may acquire production allowances
from another Party if, at the time of such transfer, the
Administrator finds that the other Party has revised its
domestic production limits in the same manner as provided
with respect to transfers by the United States in subsection
(a).
(b) Effect of Transfers on Production Limits.- The Administra-
tor is authorized to reduce the production limits established
under this Act as required as a prerequisite to transfers under
paragraph (1) of subsection (a) or to increase production limits
established under this Act to reflect production allowances
acquired under a transfer under paragraph (2) of subsection (a).

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(c) Regulations.- The Administrator shall promulgate, within 2
years after the date of enactment of the Clean Air Act Amendments
of 1990, regulations to implement this section.
(d) Definition.- In the case of the United States, the term
"applicable domestic law" means this Act.
[42 U.S.C. 7671o]
SEC. 617. INTERNATIONAL COOPERATION.
(a) In General.- The President shall undertake to enter into
international agreements to foster cooperative research which
complements studies and research authorized by this title, and to
develop standards and regulations which protect the stratosphere
consistent with regulations applicable within the United States.
For these purposes the President through the Secretary of State
and the Assistant Secretary of State for Oceans and International
Environmental and Scientific Affairs, shall negotiate
multilateral treaties, conventions, resolutions, or other
agreements, and formulate, present, or support proposals at the
United Nations and other appropriate international forums and (continued)