I 

116TH CONGRESS 

2D SESSION H. R. 5544 

To create jobs and drive innovation and economic growth in the United 

States by supporting and promoting the manufacture of next generation 

technologies, including refrigerants, solvents, fire suppressants, foam 

blowing agents, aerosols, and propellants, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2020 

Mr. TONKO (for himself, Mr. OLSON, Mr. PETERS, and Ms. STEFANIK) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 

A BILL 

To create jobs and drive innovation and economic growth 

in the United States by supporting and promoting the 

manufacture of next generation technologies, including 

refrigerants, solvents, fire suppressants, foam blowing 

agents, aerosols, and propellants, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Innovation 

5 and Manufacturing Leadership Act of 2020’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) ALLOWANCE.—The term ‘‘allowance’’ 

5 means a limited authorization for the production or 

6 the consumption, as applicable, of a regulated sub7 stance in accordance with this Act. 

8 (3) CONSUMPTION.—The term ‘‘consumption’’ 

9 means, with respect to any regulated substance, the 

10 amount of that regulated substance produced in the 

11 United States, plus the amount imported, minus the 

12 amount exported. 

13 (4) CONSUMPTION BASELINE.—The term ‘‘con14 sumption baseline’’ means the baseline established 

15 for consumption of regulated substances under sec16 tion 5(a)(2). 

17 (5) DESTROY.—The term ‘‘destroy’’ means de18 struction by process or technology as defined by reg19 ulation by the Administrator. 

20 (6) EXCHANGE VALUE.—The term ‘‘exchange 

21 value’’ means, for each regulated substance and each 

22 substance referenced in paragraph (1)(B), (1)(C), 

23 (2)(B), or (2)(C) of section 5(a), the value by which 

24 the mass of such substance shall be multiplied for 

25 purposes of calculations under this Act. 


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1 (7) EXPORT.—The term ‘‘export’’ means the 

2 transport of a regulated substance from any place 

3 subject to the jurisdiction of the United States to 

4 any place not subject to the jurisdiction of the 

5 United States. 

6 (8) IMPORT.—The term ‘‘import’’ means to 

7 land on, bring into, or introduce into, or attempt to 

8 land on, bring into, or introduce into, any place sub9 ject to the jurisdiction of the United States, whether 

10 or not such landing, bringing, or introduction con11 stitutes an importation within the meaning of the 

12 customs laws of the United States. 

13 (9) PERSON.—The term ‘‘person’’ has the 

14 meaning given to such term in section 302 of the 

15 Clean Air Act (42 U.S.C. 7602). 

16 (10) PRODUCE, PRODUCED, AND PRODUC17 TION.—The terms ‘‘produce’’, ‘‘produced’’, and 

18 ‘‘production’’ refer to the manufacture in the United 

19 States of a regulated substance from any raw mate20 rial or feedstock chemical, but such terms do not in21 clude— 

22 (A) the manufacture of a regulated sub23 stance that is used and entirely consumed (ex24 cept for trace quantities) in the manufacture of 

25 other chemicals; or 


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1 (B) the reuse or recycling of a regulated 

2 substance. 

3 (11) PRODUCTION BASELINE.—The term ‘‘pro4 duction baseline’’ means the baseline established for 

5 production of regulated substances under section 

6 5(a)(1). 

7 (12) RECLAIM, RECLAIMED, AND RECLAIM8 ING.—The terms ‘‘reclaim’’, ‘‘reclaimed’’, and ‘‘re9 claiming’’ mean the reprocessing of a recovered reg10 ulated substance to, at a minimum, the purity speci11 fied by and verified in accordance with the Air-Con12 ditioning, Heating, and Refrigeration Institute 

13 (AHRI) Standard 700–2016 (or an appropriate suc14 cessor standard adopted by the Administrator). 

15 (13) RECOVER AND RECOVERED.—The terms 

16 ‘‘recover’’ and ‘‘recovered’’ mean the removal of a 

17 regulated substance in any condition from equipment 

18 and the storage of such regulated substance in an 

19 external container without necessarily testing or 

20 processing such regulated substance in any way. 

21 (14) REGULATED SUBSTANCE.—The term ‘‘reg22 ulated substance’’ means a substance on the list 

23 published pursuant to section 3. 


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1 (15) UNITED STATES.—The term ‘‘United 

2 States’’ means any place subject to the jurisdiction 

3 of the United States. 

4 SEC. 3. LISTING OF REGULATED SUBSTANCES. 

5 (a) LIST OF REGULATED SUBSTANCES.—The Ad6 ministrator shall publish in the Federal Register a list of 

7 regulated substances, listed by chemical name and com8 mon name. Not later than 90 days after the date of enact9 ment of this Act, the Administrator shall publish in the 

10 Federal Register the initial such list. The initial list under 

11 this subsection shall contain the following: 

Table 1 

Chemical Name Common Name Exchange 

Value 

CHF2 CHF2 HFC-134 1100 

CH2FCF3 HFC-134a 1430 

CH2FCHF2 HFC143 353 

CHF2CH2CF3 HFC-245fa 1030 

CF3CH2CF2CH3 HFC-365mfc 794 

CF3CHFCF3 HFC-227ea 3220 

CH2FCF2CF3 HFC-236cb 1340 

CHF2CHFCF3 HFC-236ea 1370 

CF3CH2CF3 HFC-236fa 9810 

CH2FCF2CHF2 HFC-245ca 693 

CF3CHFCHFCF2CF3 HFC-43–10mee 1640 

CH2F2 HFC-32 675 

CHF2CF3 HFC-125 3500 

CH3CF3 HFC-143a 4470 

CH3F HFC-41 92 

CH2FCH2F HFC-152 53 


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Table 1—Continued 

Chemical Name Common Name Exchange 

Value 

CH3CHF2 HFC-152a 124 

CHF3 HFC-23 14800 

1 (b) REQUIREMENTS.—The list required under sub2 section (a) shall include— 

3 (1) any isomer of any such regulated substance; 

4 and 

5 (2) the exchange value of each regulated sub6 stance, as set forth in table 1 of this section or, for 

7 additional regulated substances listed pursuant to 

8 subsection (c), as determined by the Administrator 

9 pursuant to the requirements of that subsection. 

10 (c) ADDITIONAL REGULATED SUBSTANCES.—The 

11 Administrator may, by regulation, add a substance to the 

12 list published under subsection (a) if such substance— 

13 (1) is a saturated hydrofluorocarbon; and 

14 (2) has an exchange value, as determined by 

15 the Administrator on the basis of widely used or 

16 commonly accepted credible current scientific infor17 mation relating to infrared absorption and kinetic 

18 rate constants, of not less than 53. 

19 (d) SAVINGS PROVISION.—Nothing in this section au20 thorizes the Administrator to add to the list under sub21 section (a) as a regulated substance a blend of substances 


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1 even if such blend includes a saturated hydrofluorocarbon 

2 that is or may be itself a regulated substance. 

3 SEC. 4. MONITORING AND REPORTING REQUIREMENTS. 

4 (a) REPORTS.— 

5 (1) IN GENERAL.—On a periodic basis to be de6 termined by the Administrator, but which shall be 

7 not less than annually, each person who produced, 

8 imported, exported, reclaimed, destroyed, used and 

9 entirely consumed (except for trace quantities) in 

10 the manufacture of other chemicals, or used as a 

11 process agent a regulated substance shall submit a 

12 report to the Administrator setting forth the amount 

13 of each such substance that such person during the 

14 preceding reporting period— 

15 (A) produced; 

16 (B) imported; 

17 (C) exported; 

18 (D) reclaimed; 

19 (E) destroyed; 

20 (F) used and entirely consumed (except for 

21 trace quantities) in the manufacture of other 

22 chemicals; or 

23 (G) used as a process agent. 

24 (2) ATTESTATION.—Each report submitted 

25 under subsection (a) shall be signed and attested by 


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1 a responsible officer (as such term is used in section 

2 603(b) of the Clean Air Act (42 U.S.C. 7671b(b)). 

3 (b) CESSATION OF REPORTING REQUIREMENT.—If a 

4 person subject to subsection (a)(1) permanently ceases 

5 production, importation, exportation, reclaiming, destruc6 tion, use and entire consumption (except for trace quan7 tities), or process agent use of a regulated substance, such 

8 person shall— 

9 (1) submit a report under such subsection for 

10 the reporting period in which such cessation occurs; 

11 (2) notify the Administrator of such cessation 

12 prior to the end of such reporting period; and 

13 (3) not be subject to such subsection with re14 spect to such regulated substance for subsequent re15 porting periods. 

16 (c) BASELINE REPORTS.— 

17 (1) INITIAL REPORT.—Each person reporting 

18 pursuant to subsection (a)(1) shall include in the 

19 first required such report, in addition to the infor20 mation required by subsection (a)(1) to be reported 

21 for the applicable reporting period— 

22 (A) the amount of each regulated sub23 stance, in each of calendar years 2011 through 

24 2013, produced, imported, exported, reclaimed, 

25 destroyed, used and entirely consumed (except 


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1 for trace quantities) in the manufacture of 

2 other chemicals, or used as a process agent; 

3 (B) the amount of hydrochlorofluorocar4 bons that such person produced, imported, and 

5 exported in 1989; and 

6 (C) the amount of chlorofluorocarbons that 

7 such person produced, imported, and exported 

8 in 1989. 

9 (2) ADDITIONAL SUBSTANCES.—In the case of 

10 a substance added to the list of regulated substances 

11 pursuant to section 3(c), each person who produced, 

12 imported, exported, reclaimed, destroyed, used and 

13 entirely consumed (except for trace quantities) in 

14 the manufacture of other chemicals, or used as a 

15 process agent, such regulated substance, shall sub16 mit to the Administrator, not later than 180 days 

17 after the date on which such substance is added to 

18 the list, a report setting forth the amount of the 

19 substance that such person produced, imported, ex20 ported, reclaimed, destroyed, used and entirely con21 sumed (except for trace quantities) in the manufac22 ture of other chemicals, or used as a process agent 

23 in— 

24 (A) each of calendar years 2011 through 

25 2013; and 


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1 (B) the calendar year in which this Act is 

2 enacted and each subsequent calendar year, if 

3 required by the Administrator in a regulation 

4 adding a substance to the list of regulated sub5 stances. 

6 (d) COORDINATION.—To the extent consistent with 

7 subsections (a) through (c), the Administrator may, by 

8 regulation, allow any person subject to the requirements 

9 of subsection (a)(1) to combine and include the informa10 tion required to be reported under that subsection with 

11 any other related information that the person is required 

12 to report to the Administrator. 

13 (e) REGULATIONS.—The Administrator shall promul14 gate regulations to implement this section. Not later than 

15 270 days after the date of enactment of this Act, the Ad16 ministrator shall promulgate such final regulations as may 

17 be necessary pursuant to the preceding sentence. 

18 SEC. 5. PHASEDOWN OF REGULATED SUBSTANCES. 

19 (a) BASELINES.— 

20 (1) PRODUCTION BASELINE.—The baseline for 

21 the phasedown of the production of regulated sub22 stances shall be the sum of— 

23 (A) the sum of the products of— 

24 (i) the average annual production in 

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1 stance during the 3-year period of calendar 

2 years 2011, 2012, and 2013; multiplied by 

3 (ii) the respective exchange value of 

4 each regulated substance; 

5 (B) an amount equal to 15 percent of the 

6 sum of the products of— 

7 (i) the average production in the 

8 United States of each hydrochlorofluoro9 carbon in 1989; multiplied by 

10 (ii) the respective exchange value of 

11 each such hydrochlorofluorocarbon; and 

12 (C) an amount equal to 0.42 percent of the 

13 sum of the products of— 

14 (i) the average production in the 

15 United States of each chlorofluorocarbon 

16 in 1989; multiplied by 

17 (ii) the respective exchange value of 

18 each such chlorofluorocarbon. 

19 (2) CONSUMPTION BASELINE.—The baseline for 

20 the phasedown of the consumption of regulated sub21 stances shall be the sum of— 

22 (A) an amount equal to the sum of the 

23 products of— 

24 (i) the average annual consumption in 

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1 stance during the 3-year period of calendar 

2 years 2011, 2012, and 2013; multiplied by 

3 (ii) the respective exchange value of 

4 each such regulated substance; 

5 (B) an amount equal to 15 percent of the 

6 sum of the products of— 

7 (i) the average consumption in the 

8 United States of each hydrochlorofluoro9 carbon in 1989; multiplied by 

10 (ii) the respective exchange value of 

11 each such hydrochlorofluorocarbon; and 

12 (C) an amount equal to 0.42 percent of the 

13 sum of the products of— 

14 (i) the average consumption in the 

15 United States of each chlorofluorocarbon 

16 in 1989; multiplied by 

17 (ii) the respective exchange value of 

18 each such chlorofluorocarbon. 

19 (3) EXCHANGE VALUES.—For purposes of 

20 paragraphs (1) and (2), the following exchange val21 ues for hydrochlorofluorocarbons and chlorofluoro22 carbons respectively shall apply: 

Table 2 

Chemical Name Common Name Exchange 

Value 

CHFCl2 HCFC-21 151 


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Table 2—Continued 

Chemical Name Common Name Exchange 

Value 

CHF2Cl HCFC-22 1810 

C2HF3Cl2 HCFC-123 77 

C2HF4Cl HCFC-124 609 

CH3CFCl2 HCFC-141b 725 

CH3CF2Cl HCFC-142b 2310 

CF3CF2CHCl2 HCFC-225ca 122 

CF2ClCF2CHClF HCFC-225cb 595 

Table 3 

Chemical Name Common Name Exchange 

Value 

CFCl3 CFC-11 4750 

CF2Cl2 CFC-12 10900 

C2F3Cl3 CFC-113 6130 

C2F4Cl2 CFC-114 10000 

C2F5Cl CFC-115 7370 

1 (b) ALLOWANCES.— 

2 (1) FRAMEWORK REGULATIONS.—The Adminis3 trator shall, by regulation, establish an allowance al4 location and trading program to phase down the 

5 production and the consumption of regulated sub6 stances in accordance with this section. Not later 

7 than 270 days after the date of enactment of this 

8 Act, the Administrator shall promulgate such final 

9 regulations as may be necessary to establish the pro10 gram required by the preceding sentence. 


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1 (2) ALLOCATIONS.—Not later than October 1 

2 of each calendar year following the promulgation of 

3 final regulations pursuant to the second sentence of 

4 paragraph (1): 

5 (A) The Administrator shall establish a 

6 quantity of production allowances and a quan7 tity of consumption allowances. The quantities 

8 established pursuant to this paragraph shall not 

9 exceed the applicable percentages of the produc10 tion baseline and of the consumption baseline 

11 for the calendar year involved as specified in 

12 the following table 4: 

Table 4 

Calendar year 

Percentage of 

Production 

Baseline 

Percentage of 

Consumption 

Baseline 

through 2023 90% 90% 

2024 through 2028 60% 60% 

2029 through 2033 30% 30% 

2034 through 2035 20% 20% 

2036 and subsequent years 15% 15% 

13 (B) The Administrator shall, by regulation, 

14 allocate such production allowances and con15 sumption allowances up to the quantities of 

16 such allowances established pursuant to this 

17 paragraph for the succeeding calendar year. 

18 The Administrator may, at the Administrator’s 


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1 discretion, so allocate allowances through a sin2 gle rulemaking for multiple succeeding calendar 

3 years. 

4 (3) PROHIBITION.—Effective January 1 of the 

5 calendar year immediately following the issuance of 

6 a final regulation pursuant to the second sentence of 

7 paragraph (1), it shall be unlawful for a person to 

8 do any of the following: 

9 (A) Production of a regulated substance 

10 without holding a production allowance that au11 thorizes such production. 

12 (B) Consumption of a regulated substance 

13 without holding a consumption allowance that 

14 authorizes such consumption. 

15 (C) Holding, using, or transferring any 

16 production allowance or consumption allowance 

17 allocated under this section, except in accord18 ance with regulations promulgated by the Ad19 ministrator pursuant to paragraphs (1) and (2). 

20 (4) NATURE OF ALLOWANCES.—An allowance 

21 does not constitute a property right. Nothing in this 

22 Act or in any other provision of law shall be con23 strued to limit the authority of the United States to 

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1 tion or consumption of a regulated substance, as ap2 plicable, granted by the allowance. 

3 (5) COMPLIANCE.—For each year listed in table 

4 4, the Administrator shall ensure that the annual 

5 quantity of production or consumption in the United 

6 States of all regulated substances does not exceed 

7 the product obtained by multiplying the production 

8 baseline or consumption baseline, as applicable, and 

9 the applicable percentage listed in Table 4. 

10 (c) TRANSFERS.—The regulations required by sub11 section (b)(1) shall— 

12 (1) utilize the exchange values for each regu13 lated substance by or pursuant to section 3; 

14 (2) ensure that transfers of production allow15 ances and consumption allowances will result in 

16 greater total reductions in the annual production or 

17 consumption, as applicable, of regulated substances 

18 than would occur in that year in the absence of such 

19 transfers; and 

20 (3) authorize the transfer of production allow21 ances or consumption allowances among two or more 

22 persons only if the transferor and transferee are 

23 subject to an enforceable and quantifiable reduction 

24 in, respectively, annual production or consumption. 

25 (d) SCHEDULE.— 


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1 (1) IN GENERAL.— 

2 (A) REGULATIONS.—Subject to paragraph 

3 (3), the Administrator may, in response to a pe4 tition submitted to the Administrator in accord5 ance with paragraph (2), promulgate regula6 tions which establish a schedule for phasing 

7 down the production and the consumption of 

8 regulated substances that is more stringent 

9 than set forth in table 4 in subsection (b), if, 

10 based on the availability of substitutes for regu11 lated substances, the Administrator determines 

12 that such more stringent schedule is prac13 ticable, taking into account technological 

14 achievability, commercial demands, safety, and 

15 other relevant factors, including the quantities 

16 of regulated substances available from reclaim17 ing or from prior production or prior import. 

18 (B) UNIFORM APPLICATION.—In any regu19 lations under subparagraph (A), the Adminis20 trator shall apply any more stringent phase21 down schedule uniformly to the allocation of 

22 production allowances and consumption allow23 ances as provided under subsection (b). 

24 (2) PETITION.— 


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1 (A) SUBMISSION.—Any person may peti2 tion the Administrator to promulgate regula3 tions under this subsection. 

4 (B) DISPOSITION.—The Administrator 

5 shall grant or deny any petition under subpara6 graph (A) within 270 days after receipt of any 

7 such petition. 

8 (C) DENIAL.—If the Administrator denies 

9 any such petition, the Administrator shall pub10 lish in the Federal Register an explanation of 

11 why the petition was denied. 

12 (D) GRANTING.—If the Administrator 

13 grants any such petition, the Administrator 

14 shall promulgate regulations implementing a 

15 more stringent phasedown schedule within 365 

16 days of granting the petition. 

17 (E) REQUIRED SHOWING.—Any petition 

18 under subparagraph (A) shall include a showing 

19 by the petitioner that there are adequate data 

20 to support the petition. 

21 (F) INSUFFICIENT INFORMATION.—If the 

22 Administrator determines that data are not 

23 adequate to grant or deny the petition, the Ad24 ministrator shall use any authority available to 


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1 the Administrator, under any applicable law, to 

2 acquire such data. 

3 (3) LIMITATION.—The Administrator may not 

4 promulgate a more stringent phasedown schedule 

5 under this subsection applicable to any calendar year 

6 prior to calendar year 2024. 

7 (e) ESSENTIAL USES.— 

8 (1) PETITION; AUTHORIZATION.—The Adminis9 trator may, by regulation, allocate to a person addi10 tional production allowances or consumption allow11 ances to authorize the production or consumption, 

12 respectively, beginning with calendar year 2034, for 

13 a period of up to 5 years, of a regulated substance 

14 in an amount up to 10 percent of the quantity of 

15 production or consumption of such regulated sub16 stance contributed by such person to the production 

17 baseline or the consumption baseline, as applicable, 

18 if the Administrator finds, based on a petition by 

19 such person, that— 

20 (A) such excess production or consumption 

21 is exclusively for an application with respect to 

22 which no substitute is available during such pe23 riod, considering technological achievability, 

24 commercial demands, safety, and other relevant 

25 factors; and 


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1 (B) the available supply of such regulated 

2 substance, including any quantities of such reg3 ulated substance available from reclaiming, 

4 prior production, or prior import, and allow5 ances for such regulated substance, are insuffi6 cient to accommodate such application. 

7 (2) EXTENSION.—The Administrator may, by 

8 regulation, allocate additional production allowances 

9 or consumption allowances, for additional periods of 

10 up to 5 years, in an amount up to 10 percent of the 

11 quantity of production or consumption of the regu12 lated substance contributed by the person involved to 

13 the production baseline or the consumption baseline, 

14 as applicable, if the Administrator finds, based on a 

15 petition by such person, that the criteria described 

16 in subparagraphs (A) and (B) of paragraph (1) con17 tinue to be satisfied. 

18 (3) EXCEPTION.—The Administrator may allo19 cate production allowances or consumption allow20 ances pursuant to this subsection in amounts that 

21 cause the total quantity of production allowances or 

22 consumption allowances in a year to exceed the max23 imum quantity permissible under subsection (b) for 

24 that year. 

25 (f) EXPORTS.— 


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1 (1) EXPORTS OF EXCESS AMOUNTS.— 

2 (A) IN GENERAL.—Subject to subpara3 graphs (B) and (C) and paragraph (2), the Ad4 ministrator may, by regulation, issue additional 

5 production allowances for renewable periods of 

6 up to 5 years to a person to produce a regu7 lated substance at a facility located in the 

8 United States in excess of the amount author9 ized by the production allowances otherwise 

10 held by that person solely for export to, and use 

11 in, a foreign country. 

12 (B) PETITION REQUIRED.—Prior to 

13 issuing any additional production allowances to 

14 a person pursuant to subparagraph (A), the 

15 Administrator shall require the person to sub16 mit a petition in such manner and containing 

17 such information as the Administration may by 

18 regulation require. 

19 (C) LIMITATION.—The Administrator shall 

20 not issue any production allowances pursuant to 

21 subparagraph (A) in amounts that would cause 

22 the total quantity of production allowances in a 

23 year to exceed the maximum quantity of pro24 duction allowances permissible under subsection 

25 (b) for that year. 


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1 (2) PROHIBITED EXPORT FOR CERTAIN COUN2 TRIES.—Beginning on January 1, 2033, no person 

3 subject to the requirements of this Act shall export 

4 a regulated substance to a foreign country that is 

5 not identified by the Administrator as having en6 acted or otherwise established the same or similar 

7 requirements or otherwise undertaken commitments 

8 regarding the production and the consumption of 

9 regulated substances as are contained in this Act. 

10 SEC. 6. MANAGEMENT OF REGULATED SUBSTANCES. 

11 (a) SENSE OF CONGRESS.—It is the sense of Con12 gress that the Administrator should provide for a safe 

13 hydrofluorocarbon transition by ensuring that heating, 

14 ventilation, air conditioning, and refrigeration practi15 tioners are positioned to comply with safe servicing, re16 pair, disposal, or installation procedures. 

17 (b) REGULATIONS.— 

18 (1) IN GENERAL.—Not later than 24 months 

19 after the date of enactment of this Act, the Adminis20 trator shall, for purposes of maximizing reclaiming, 

21 minimizing the release of a regulated substance from 

22 equipment, and ensuring the safety of technicians 

23 and consumers, promulgate regulations to control, 

24 where appropriate, any practice, process, or activity 

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1 tion of equipment that involves a regulated sub2 stance or a substitute for a regulated substance, in3 cluding the reclaiming of a regulated substance or a 

4 substitute for a regulated substance. 

5 (2) MINIMUM STANDARDS.—The regulations 

6 promulgated under paragraph (1) may include, 

7 where appropriate, that any such servicing, repair, 

8 disposal, or installation be performed by a trained 

9 technician meeting minimum standards, as deter10 mined by the Administrator. 

11 (c) RECLAIM.— 

12 (1) CONSIDERATION.—The Administrator shall 

13 consider the use of any authority available to the 

14 Administrator under this Act to increase opportuni15 ties for the reclaiming of regulated substances. 

16 (2) REQUIREMENT.—Any regulated substance 

17 that is recovered shall be reclaimed before such reg18 ulated substance is sold or transferred to a new 

19 owner, except where such recovered regulated sub20 stance is sold or transferred to a new owner solely 

21 for the purposes of being reclaimed or destroyed. 

22 (d) COORDINATION.—In promulgating regulations to 

23 implement this section, the Administrator may coordinate 

24 such regulations with any other regulations promulgated 

25 by the Administrator that involve— 


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1 (1) the same or similar practice, process, or ac2 tivity regarding the servicing, repair, disposal, or in3 stallation of equipment; or 

4 (2) reclaiming. 

5 (e) INAPPLICABILITY.—Subsections (a) through (d) 

6 do not apply with respect to a regulated substance or a 

7 substitute for a regulated substance that is contained in 

8 a foam. 

9 SEC. 7. TECHNOLOGY TRANSITIONS. 

10 (a) AUTHORITY.—The Administrator may, by regula11 tion and in accordance with this section, prohibit or re12 strict, including through a graduated schedule, the use of 

13 a regulated substance in a sector or subsector in which 

14 such regulated substance is used. 

15 (b) NEGOTIATED RULEMAKING.—The Administrator 

16 shall consider negotiating and developing a proposed regu17 lation under this section in accordance with the negotiated 

18 rulemaking procedure under subchapter III of chapter 5 

19 of title 5, United States Code (commonly referred to as 

20 the ‘‘Negotiated Rulemaking Act of 1990’’). If the Admin21 istrator decides to proceed with a negotiated rulemaking, 

22 the Administrator shall, to the extent the Administrator 

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1 cides not to proceed with a negotiated rulemaking, the Ad2 ministrator shall include an explanation of such decision 

3 in any proposed regulation published pursuant to this sec4 tion. 

5 (c) PETITION.— 

6 (1) Any person may petition the Administrator 

7 to promulgate regulations under this section to pro8 hibit or restrict the use of a regulated substance in 

9 a sector or subsector. 

10 (2) The Administrator shall grant or deny a pe11 tition received pursuant to paragraph (1) not later 

12 than 180 days after receipt of such petition. 

13 (3) If the Administrator denies a petition re14 ceived pursuant to paragraph (1), the Administrator 

15 shall publish in the Federal Register an explanation 

16 of the Administrator’s decision. 

17 (4) If the Administrator grants a petition re18 ceived pursuant to paragraph (1), the Administrator 

19 shall promulgate regulations prohibiting or restrict20 ing the use of the regulated substance in the sector 

21 or subsector under subsection (a) not later than 24 

22 months after granting such petition. 

23 (5) The Administrator shall publish in full any 

24 petition received pursuant to this subsection not 

25 later than 30 days after receipt of such petition. 


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1 (d) CRITERIA.—In promulgating regulations pursu2 ant to subsection (a), the Administrator shall consider— 

3 (1) promoting and supporting domestic eco4 nomic development; 

5 (2) maximizing protections for human health 

6 and the environment; 

7 (3) minimizing costs for the production, use, 

8 and reclaiming of regulated substances; 

9 (4) maximizing flexibility for the recovery, re10 claiming, and re-use of regulated substances; 

11 (5) ensuring consumer safety; 

12 (6) the availability of substitutes for regulated 

13 substances, taking into account technological 

14 achievability, commercial demands, safety, and other 

15 relevant factors, including lead times for equipment 

16 conversion; and 

17 (7) minimizing any costs to consumers. 

18 (e) EVALUATION.—For purposes of this Act, the Ad19 ministrator shall, on an ongoing basis, evaluate the avail20 ability of substitutes to regulated substances in a sector 

21 or subsector, taking into account technological 

22 achievability, commercial demands, safety, and other rel23 evant factors, including lead times for equipment conver24 sion. 


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1 SEC. 8. RULEMAKING AUTHORITY. 

2 (a) RULEMAKINGS.—The Administrator may promul3 gate such regulations as are necessary to carry out the 

4 functions of the Administrator under this Act. 

5 (b) DELEGATION.—The Administrator may delegate 

6 to any officer or employee of the Environmental Protection 

7 Agency such of the powers and duties of the Administrator 

8 under this Act as the Administrator determines to be ap9 propriate. 

10 (c) REQUIREMENTS.—In exercising any requirement 

11 or authority in this Act to act by regulation or to promul12 gate regulations, the Administrator shall comply with the 

13 requirements of section 307(d) of the Clean Air Act (42 

14 U.S.C. 7607(d)). 

15 SEC. 9. RELATIONSHIP TO OTHER LAWS. 

16 Sections 113, 114, 304, and 307 of the Clean Air 

17 Act (42 U.S.C. 7413, 7414, 7604, 7607) shall apply to 

18 this Act and any regulations promulgated by the Adminis19 trator pursuant to this Act as though this Act were in20 cluded in title VI of the Clean Air Act (42 U.S.C. 7671 

21 et seq.). 

Æ 


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