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U.S. Code as of:
01/19/04
Section 7671d. Phase-out of production and consumption of class II substances
(a) Restriction of use of class II substances
Effective January 1, 2015, it shall be unlawful for any person to
introduce into interstate commerce or use any class II substance
unless such substance -
(1) has been used, recovered, and recycled;
(2) is used and entirely consumed (except for trace quantities)
in the production of other chemicals; or
(3) is used as a refrigerant in appliances manufactured prior
to January 1, 2020.
As used in this subsection, the term "refrigerant" means any class
II substance used for heat transfer in a refrigerating system.
(b) Production phase-out
(1) Effective January 1, 2015, it shall be unlawful for any
person to produce any class II substance in an annual quantity
greater than the quantity of such substance produced by such person
during the baseline year.
(2) Effective January 1, 2030, it shall be unlawful for any
person to produce any class II substance.
(c) Regulations regarding production and consumption of class II
substances
By December 31, 1999, the Administrator shall promulgate
regulations phasing out the production, and restricting the use, of
class II substances in accordance with this section, subject to any
acceleration of the phase-out of production under section 7671e of
this title. The Administrator shall also promulgate regulations to
insure that the consumption of class II substances in the United
States is phased out and terminated in accordance with the same
schedule (subject to the same exceptions and other provisions) as
is applicable to the phase-out and termination of production of
class II substances under this subchapter.
(d) Exceptions
(1) Medical devices
(A) In general
Notwithstanding the termination of production required under
subsection (b)(2) of this section and the restriction on use
referred to in subsection (a) of this section, the
Administrator, after notice and opportunity for public comment,
shall, to the extent such action is consistent with the
Montreal Protocol, authorize the production and use of limited
quantities of class II substances solely for purposes of use in
medical devices if such authorization is determined by the
Commissioner, in consultation with the Administrator, to be
necessary for use in medical devices.
(B) Cap on exception
Under no circumstances may the authority set forth in
subparagraph (A) be applied to authorize any person to produce
a class II substance in annual quantities greater than 10
percent of that produced by such person during the baseline
year.
(2) Developing countries
(A) In general
Notwithstanding the provisions of subsection (a) or (b) of
this section, the Administrator, after notice and opportunity
for public comment, may authorize the production of limited
quantities of a class II substance in excess of the quantities
otherwise permitted under such provisions solely for export to
and use in developing countries that are Parties to the
Montreal Protocol, as determined by the Administrator. Any
production authorized under this subsection shall be solely for
purposes of satisfying the basic domestic needs of such
countries.
(B) Cap on exception
(i) Under no circumstances may the authority set forth in
subparagraph (A) be applied to authorize any person to produce
a class II substance in any year following the effective date
of subsection (b)(1) of this section and before the year 2030
in annual quantities greater than 110 percent of the quantity
of such substance produced by such person during the baseline
year.
(ii) Under no circumstances may the authority set forth in
subparagraph (A) be applied to authorize any person to produce
a class II substance in the year 2030, or any year thereafter,
in an annual quantity greater than 15 percent of the quantity
of such substance produced by such person during the baseline
year.
(iii) Each exception authorized under this paragraph shall
terminate no later than January 1, 2040.
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