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U.S. Code as of:
01/19/04
Section 7671b. Monitoring and reporting requirements
(a) Regulations
Within 270 days after November 15, 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) of this section 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 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 November 15, 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
Administration shall monitor, and not less often than every 3 years
following November 15, 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
subchapter 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, on a 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 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 7671d of this title, 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) of
this section and updated not less often than every 3 years.
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