I

104TH CONGRESS

1ST SESSION H. R. 2367

To amend the Clean Air Act to further protect and enhance the public

interest by ensuring an orderly transition from chlorofluorocarbons

(CFCs) and halons to substitute compounds, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 20, 1995

Mr. DOOLITTLE (for himself, Mr. STUMP, Mr. BRYANT of Tennessee, Mr.

HAYWORTH, Mr. BOEHNER, Mr. DORNAN, Mr. BARTLETT of Maryland,

Mr. SKEEN, Mr. EMERSON, Mr. UNDERWOOD, and Mr. SHADEGG) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Clean Air Act to further protect and enhance

the public interest by ensuring an orderly transition from

chlorofluorocarbons (CFCs) and halons to substitute

compounds, 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. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—The Congress finds that—
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1 (1) the accelerated phaseout of production and

2 consumption of chlorofluorocarbons and halons is

3 not justified by scientific evidence and poses an un4 just burden on owners of air-conditioning and refrig5 eration equipment; and

6 (2) scientific evidence demonstrates that limited

7 production and consumption of chlorofluorocarbons

8 and halons beyond the current January 1, 1996

9 deadline until January 1, 2000, will not substan10 tially affect the environment.

11 (b) PURPOSE.—The purpose of this Act is to provide

12 for the prohibition of chlorofluorocarbon and halon pro13 duction and consumption in accordance with the original

14 schedule set forth in the Clean Air Act Amendments of

15 1990.

16 SEC. 2. AMENDMENT OF CLEAN AIR ACT.

17 (a) PHASE-OUT SCHEDULE.—Section 604 of the

18 Clean Air Act is amended by adding the following at the

19 end thereof:

20 ‘‘(h) PHASE-OUT SCHEDULE.—Notwithstanding sec21 tion 606 or any other provision of law, the Administrator

22 shall, within 60 days of enactment of this subsection, pro23 mulgate regulations allowing the production of

24 chlorofluorocarbons and halons listed as class I substances

25 to the extent such production does not exceed the limita-
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1 tions set forth in subsection (a). Any unused allowances

2 of any producer or consumer shall be equitably redistrib3 uted to other producers and consumers. Such new regula4 tions shall supersede any previous regulation relating to

5 the phase-out of the production or consumption of

6 chlorofluorocarbons and halons listed as class I sub7 stances.’’.

8 (b) CONFORMING AMENDMENTS.—

9 (1) NO AUTHORITY TO ACCELERATE SCHED10 ULE.—Section 606 of such Act is amended by add11 ing the following new subsection at the end thereof:

12 ‘‘(c) PHASE-OUT SCHEDULE FOR

13 CHLOROFLUOROCARBONS AND HALONS.—The provisions

14 of this section shall not apply to the chlorofluorocarbons

15 and halons referred to in section 604(h).’’.

16 (2) AUTHORITY OF ADMINISTRATOR.—Section

17 615 of such Act is amended by adding the following

18 at the end thereof: ‘‘The provisions of this section

19 shall not be construed to authorize the Adminis20 trator to accelerate the phase-out schedule for

21 chlorofluorocarbons and halons referred to in section

22 604(h).’’.
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1 SEC. 3. RESTORATION OF PRIOR LAW IN DETERMINING

2 BASE TAX AMOUNT FOR EXCISE TAX ON

3 OZONE-DEPLETING CHEMICALS.

4 (a) IN GENERAL.—Subparagraph (B) of section

5 4681(b)(1) of the Internal Revenue Code of 1986 (relating

6 to amount of tax) is amended to read as follows:

7 ‘‘(B) BASE TAX AMOUNT.—The base tax

8 amount for purposes of subparagraph (A) with

9 respect to any sale or use during calendar year

10 1996 is $3.55.’’.

11 (b) CONFORMING AMENDMENT.—Subparagraph (C)

12 of section 4681(b)(1) of such Code is amended—

13 (1) by striking ‘‘the last year specified in the

14 table under subparagraph (B) applicable to such

15 chemical’’ and inserting ‘‘1996’’, and

16 (2) by striking ‘‘such last year’’ each place it

17 appears and inserting ‘‘1996’’.

18 (c) EFFECTIVE DATE.—The amendments made by

19 this section shall apply to sales and uses after December

20 31, 1995.

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