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U.S. Code as of:
01/19/04
Section 7671e. Accelerated schedule
(a) In general
The Administrator shall promulgate regulations, after notice and
opportunity for public comment, which establish a schedule for
phasing out the production and consumption of class I and class II
substances (or use of class II substances) that is more stringent
than set forth in section 7671c or 7671d of this title, or both, if
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(1) based on an assessment of credible current scientific
information (including any assessment under the Montreal
Protocol) regarding harmful effects on the stratospheric ozone
layer associated with a class I or class II substance, the
Administrator determines that such more stringent schedule may be
necessary to protect human health and the environment against
such effects,
(2) based on the availability of substitutes for listed
substances, the Administrator determines that such more stringent
schedule is practicable, taking into account technological
achievability, safety, and other relevant factors, or
(3) the Montreal Protocol is modified to include a schedule to
control or reduce production, consumption, or use of any
substance more rapidly than the applicable schedule under this
subchapter.
In making any determination under paragraphs (1) and (2), the
Administrator shall consider the status of the period remaining
under the applicable schedule under this subchapter.
(b) Petition
Any person may petition the Administrator to promulgate
regulations under this section. The Administrator shall grant or
deny the petition within 180 days after receipt of any such
petition. If the Administrator denies the petition, the
Administrator shall publish an explanation of why the petition was
denied. If the Administrator grants such petition, such final
regulations shall be promulgated within 1 year. Any petition under
this subsection shall include a showing by the petitioner that
there are data adequate to support the petition. If the
Administrator determines that information is not sufficient to make
a determination under this subsection, the Administrator shall use
any authority available to the Administrator, under any law
administered by the Administrator, to acquire such information.
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