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) intro-
duced 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Innovation 
and Manufacturing Leadership Act of 2020’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) 
ALLOWANCE.—The 
term 
‘‘allowance’’ 
means a limited authorization for the production or 
the consumption, as applicable, of a regulated sub-
stance in accordance with this Act. 
(3) CONSUMPTION.—The term ‘‘consumption’’ 
means, with respect to any regulated substance, the 
amount of that regulated substance produced in the 
United States, plus the amount imported, minus the 
amount exported. 
(4) CONSUMPTION BASELINE.—The term ‘‘con-
sumption baseline’’ means the baseline established 
for consumption of regulated substances under sec-
tion 5(a)(2). 
(5) DESTROY.—The term ‘‘destroy’’ means de-
struction by process or technology as defined by reg-
ulation by the Administrator. 
(6) EXCHANGE VALUE.—The term ‘‘exchange 
value’’ means, for each regulated substance and each 
substance referenced in paragraph (1)(B), (1)(C), 
(2)(B), or (2)(C) of section 5(a), the value by which 
the mass of such substance shall be multiplied for 
purposes of calculations under this Act. 
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(7) EXPORT.—The term ‘‘export’’ means the 
transport of a regulated substance from any place 
subject to the jurisdiction of the United States to 
any place not subject to the jurisdiction of the 
United States. 
(8) IMPORT.—The term ‘‘import’’ means to 
land on, bring into, or introduce into, or attempt to 
land on, bring into, or introduce into, any place sub-
ject to the jurisdiction of the United States, whether 
or not such landing, bringing, or introduction con-
stitutes an importation within the meaning of the 
customs laws of the United States. 
(9) PERSON.—The term ‘‘person’’ has the 
meaning given to such term in section 302 of the 
Clean Air Act (42 U.S.C. 7602). 
(10) PRODUCE, 
PRODUCED, 
AND
PRODUC-
TION.—The terms ‘‘produce’’, ‘‘produced’’, and 
‘‘production’’ refer to the manufacture in the United 
States of a regulated substance from any raw mate-
rial or feedstock chemical, but such terms do not in-
clude— 
(A) the manufacture of a regulated sub-
stance that is used and entirely consumed (ex-
cept for trace quantities) in the manufacture of 
other chemicals; or 
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(B) the reuse or recycling of a regulated 
substance. 
(11) PRODUCTION BASELINE.—The term ‘‘pro-
duction baseline’’ means the baseline established for 
production of regulated substances under section 
5(a)(1). 
(12) RECLAIM, RECLAIMED, AND
RECLAIM-
ING.—The terms ‘‘reclaim’’, ‘‘reclaimed’’, and ‘‘re-
claiming’’ mean the reprocessing of a recovered reg-
ulated substance to, at a minimum, the purity speci-
fied by and verified in accordance with the Air-Con-
ditioning, Heating, and Refrigeration Institute 
(AHRI) Standard 700–2016 (or an appropriate suc-
cessor standard adopted by the Administrator). 
(13) RECOVER AND RECOVERED.—The terms 
‘‘recover’’ and ‘‘recovered’’ mean the removal of a 
regulated substance in any condition from equipment 
and the storage of such regulated substance in an 
external container without necessarily testing or 
processing such regulated substance in any way. 
(14) REGULATED SUBSTANCE.—The term ‘‘reg-
ulated substance’’ means a substance on the list 
published pursuant to section 3. 
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(15) UNITED
STATES.—The term ‘‘United 
States’’ means any place subject to the jurisdiction 
of the United States. 
SEC. 3. LISTING OF REGULATED SUBSTANCES. 
(a) LIST OF REGULATED SUBSTANCES.—The Ad-
ministrator shall publish in the Federal Register a list of 
regulated substances, listed by chemical name and com-
mon name. Not later than 90 days after the date of enact-
ment of this Act, the Administrator shall publish in the 
Federal Register the initial such list. The initial list under 
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 
CH2FCH2F 
HFC-152 
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Table 1—Continued 
Chemical Name 
Common Name 
Exchange 
Value 
CH3CHF2 
HFC-152a 
124 
CHF3 
HFC-23 
14800 
(b) REQUIREMENTS.—The list required under sub-
section (a) shall include— 
(1) any isomer of any such regulated substance; 
and 
(2) the exchange value of each regulated sub-
stance, as set forth in table 1 of this section or, for 
additional regulated substances listed pursuant to 
subsection (c), as determined by the Administrator 
pursuant to the requirements of that subsection. 
(c) ADDITIONAL REGULATED SUBSTANCES.—The 
Administrator may, by regulation, add a substance to the 
list published under subsection (a) if such substance— 
(1) is a saturated hydrofluorocarbon; and 
(2) has an exchange value, as determined by 
the Administrator on the basis of widely used or 
commonly accepted credible current scientific infor-
mation relating to infrared absorption and kinetic 
rate constants, of not less than 53. 
(d) SAVINGS PROVISION.—Nothing in this section au-
thorizes the Administrator to add to the list under sub-
section (a) as a regulated substance a blend of substances 
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even if such blend includes a saturated hydrofluorocarbon 
that is or may be itself a regulated substance. 
SEC. 4. MONITORING AND REPORTING REQUIREMENTS. 
(a) REPORTS.— 
(1) IN GENERAL.—On a periodic basis to be de-
termined by the Administrator, but which shall be 
not less than annually, each person who produced, 
imported, exported, reclaimed, destroyed, used and 
entirely consumed (except for trace quantities) in 
the manufacture of other chemicals, or used as a 
process agent a regulated substance shall submit a 
report to the Administrator setting forth the amount 
of each such substance that such person during the 
preceding reporting period— 
(A) produced; 
(B) imported; 
(C) exported; 
(D) reclaimed; 
(E) destroyed; 
(F) used and entirely consumed (except for 
trace quantities) in the manufacture of other 
chemicals; or 
(G) used as a process agent. 
(2) ATTESTATION.—Each report submitted 
under subsection (a) shall be signed and attested by 
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a responsible officer (as such term is used in section 
603(b) of the Clean Air Act (42 U.S.C. 7671b(b)). 
(b) CESSATION OF REPORTING REQUIREMENT.—If a 
person subject to subsection (a)(1) permanently ceases 
production, importation, exportation, reclaiming, destruc-
tion, use and entire consumption (except for trace quan-
tities), or process agent use of a regulated substance, such 
person shall— 
(1) submit a report under such subsection for 
the reporting period in which such cessation occurs; 
(2) notify the Administrator of such cessation 
prior to the end of such reporting period; and 
(3) not be subject to such subsection with re-
spect to such regulated substance for subsequent re-
porting periods. 
(c) BASELINE REPORTS.— 
(1) INITIAL
REPORT.—Each person reporting 
pursuant to subsection (a)(1) shall include in the 
first required such report, in addition to the infor-
mation required by subsection (a)(1) to be reported 
for the applicable reporting period— 
(A) the amount of each regulated sub-
stance, in each of calendar years 2011 through 
2013, produced, imported, exported, reclaimed, 
destroyed, used and entirely consumed (except 
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for trace quantities) in the manufacture of 
other chemicals, or used as a process agent; 
(B) the amount of hydrochlorofluorocar-
bons that such person produced, imported, and 
exported in 1989; and 
(C) the amount of chlorofluorocarbons that 
such person produced, imported, and exported 
in 1989. 
(2) ADDITIONAL SUBSTANCES.—In the case of 
a substance added to the list of regulated substances 
pursuant to section 3(c), each person who produced, 
imported, exported, reclaimed, destroyed, used and 
entirely consumed (except for trace quantities) in 
the manufacture of other chemicals, or used as a 
process agent, such regulated substance, shall sub-
mit to the Administrator, not later than 180 days 
after the date on which such substance is added to 
the list, a report setting forth the amount of the 
substance that such person produced, imported, ex-
ported, reclaimed, destroyed, used and entirely con-
sumed (except for trace quantities) in the manufac-
ture of other chemicals, or used as a process agent 
in— 
(A) each of calendar years 2011 through 
2013; and 
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(B) the calendar year in which this Act is 
enacted and each subsequent calendar year, if 
required by the Administrator in a regulation 
adding a substance to the list of regulated sub-
stances. 
(d) COORDINATION.—To the extent consistent with 
subsections (a) through (c), the Administrator may, by 
regulation, allow any person subject to the requirements 
of subsection (a)(1) to combine and include the informa-
tion required to be reported under that subsection with 
any other related information that the person is required 
to report to the Administrator. 
(e) REGULATIONS.—The Administrator shall promul-
gate regulations to implement this section. Not later than 
270 days after the date of enactment of this Act, the Ad-
ministrator shall promulgate such final regulations as may 
be necessary pursuant to the preceding sentence. 
SEC. 5. PHASEDOWN OF REGULATED SUBSTANCES. 
(a) BASELINES.— 
(1) PRODUCTION BASELINE.—The baseline for 
the phasedown of the production of regulated sub-
stances shall be the sum of— 
(A) the sum of the products of— 
(i) the average annual production in 
the United States of each regulated sub-
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stance during the 3-year period of calendar 
years 2011, 2012, and 2013; multiplied by 
(ii) the respective exchange value of 
each regulated substance; 
(B) an amount equal to 15 percent of the 
sum of the products of— 
(i) the average production in the 
United States of each hydrochlorofluoro-
carbon in 1989; multiplied by 
(ii) the respective exchange value of 
each such hydrochlorofluorocarbon; and 
(C) an amount equal to 0.42 percent of the 
sum of the products of— 
(i) the average production in the 
United States of each chlorofluorocarbon 
in 1989; multiplied by 
(ii) the respective exchange value of 
each such chlorofluorocarbon. 
(2) CONSUMPTION BASELINE.—The baseline for 
the phasedown of the consumption of regulated sub-
stances shall be the sum of— 
(A) an amount equal to the sum of the 
products of— 
(i) the average annual consumption in 
the United States of each regulated sub-
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stance during the 3-year period of calendar 
years 2011, 2012, and 2013; multiplied by 
(ii) the respective exchange value of 
each such regulated substance; 
(B) an amount equal to 15 percent of the 
sum of the products of— 
(i) the average consumption in the 
United States of each hydrochlorofluoro-
carbon in 1989; multiplied by 
(ii) the respective exchange value of 
each such hydrochlorofluorocarbon; and 
(C) an amount equal to 0.42 percent of the 
sum of the products of— 
(i) the average consumption in the 
United States of each chlorofluorocarbon 
in 1989; multiplied by 
(ii) the respective exchange value of 
each such chlorofluorocarbon. 
(3) EXCHANGE
VALUES.—For purposes of 
paragraphs (1) and (2), the following exchange val-
ues for hydrochlorofluorocarbons and chlorofluoro-
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 
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 
(b) ALLOWANCES.— 
(1) FRAMEWORK REGULATIONS.—The Adminis-
trator shall, by regulation, establish an allowance al-
location and trading program to phase down the 
production and the consumption of regulated sub-
stances in accordance with this section. Not later 
than 270 days after the date of enactment of this 
Act, the Administrator shall promulgate such final 
regulations as may be necessary to establish the pro-
gram required by the preceding sentence. 
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(2) ALLOCATIONS.—Not later than October 1 
of each calendar year following the promulgation of 
final regulations pursuant to the second sentence of 
paragraph (1): 
(A) The Administrator shall establish a 
quantity of production allowances and a quan-
tity of consumption allowances. The quantities 
established pursuant to this paragraph shall not 
exceed the applicable percentages of the produc-
tion baseline and of the consumption baseline 
for the calendar year involved as specified in 
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% 
(B) The Administrator shall, by regulation, 
allocate such production allowances and con-
sumption allowances up to the quantities of 
such allowances established pursuant to this 
paragraph for the succeeding calendar year. 
The Administrator may, at the Administrator’s 
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discretion, so allocate allowances through a sin-
gle rulemaking for multiple succeeding calendar 
years. 
(3) PROHIBITION.—Effective January 1 of the 
calendar year immediately following the issuance of 
a final regulation pursuant to the second sentence of 
paragraph (1), it shall be unlawful for a person to 
do any of the following: 
(A) Production of a regulated substance 
without holding a production allowance that au-
thorizes such production. 
(B) Consumption of a regulated substance 
without holding a consumption allowance that 
authorizes such consumption. 
(C) Holding, using, or transferring any 
production allowance or consumption allowance 
allocated under this section, except in accord-
ance with regulations promulgated by the Ad-
ministrator pursuant to paragraphs (1) and (2). 
(4) NATURE OF ALLOWANCES.—An allowance 
does not constitute a property right. Nothing in this 
Act or in any other provision of law shall be con-
strued to limit the authority of the United States to 
terminate or limit the authorization for the produc-
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tion or consumption of a regulated substance, as ap-
plicable, granted by the allowance. 
(5) COMPLIANCE.—For each year listed in table 
4, the Administrator shall ensure that the annual 
quantity of production or consumption in the United 
States of all regulated substances does not exceed 
the product obtained by multiplying the production 
baseline or consumption baseline, as applicable, and 
the applicable percentage listed in Table 4. 
(c) TRANSFERS.—The regulations required by sub-
section (b)(1) shall— 
(1) utilize the exchange values for each regu-
lated substance by or pursuant to section 3; 
(2) ensure that transfers of production allow-
ances and consumption allowances will result in 
greater total reductions in the annual production or 
consumption, as applicable, of regulated substances 
than would occur in that year in the absence of such 
transfers; and 
(3) authorize the transfer of production allow-
ances or consumption allowances among two or more 
persons only if the transferor and transferee are 
subject to an enforceable and quantifiable reduction 
in, respectively, annual production or consumption. 
(d) SCHEDULE.— 
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(1) IN GENERAL.— 
(A) REGULATIONS.—Subject to paragraph 
(3), the Administrator may, in response to a pe-
tition submitted to the Administrator in accord-
ance with paragraph (2), promulgate regula-
tions which establish a schedule for phasing 
down the production and the consumption of 
regulated substances that is more stringent 
than set forth in table 4 in subsection (b), if, 
based on the availability of substitutes for regu-
lated substances, the Administrator determines 
that such more stringent schedule is prac-
ticable, 
taking 
into 
account 
technological 
achievability, commercial demands, safety, and 
other relevant factors, including the quantities 
of regulated substances available from reclaim-
ing or from prior production or prior import. 
(B) UNIFORM APPLICATION.—In any regu-
lations under subparagraph (A), the Adminis-
trator shall apply any more stringent phase-
down schedule uniformly to the allocation of 
production allowances and consumption allow-
ances as provided under subsection (b). 
(2) PETITION.— 
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(A) SUBMISSION.—Any person may peti-
tion the Administrator to promulgate regula-
tions under this subsection. 
(B) 
DISPOSITION.—The 
Administrator 
shall grant or deny any petition under subpara-
graph (A) within 270 days after receipt of any 
such petition. 
(C) DENIAL.—If the Administrator denies 
any such petition, the Administrator shall pub-
lish in the Federal Register an explanation of 
why the petition was denied. 
(D) GRANTING.—If the Administrator 
grants any such petition, the Administrator 
shall promulgate regulations implementing a 
more stringent phasedown schedule within 365 
days of granting the petition. 
(E) REQUIRED
SHOWING.—Any petition 
under subparagraph (A) shall include a showing 
by the petitioner that there are adequate data 
to support the petition. 
(F) INSUFFICIENT INFORMATION.—If the 
Administrator determines that data are not 
adequate to grant or deny the petition, the Ad-
ministrator shall use any authority available to 
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the Administrator, under any applicable law, to 
acquire such data. 
(3) LIMITATION.—The Administrator may not 
promulgate a more stringent phasedown schedule 
under this subsection applicable to any calendar year 
prior to calendar year 2024. 
(e) ESSENTIAL USES.— 
(1) PETITION; AUTHORIZATION.—The Adminis-
trator may, by regulation, allocate to a person addi-
tional production allowances or consumption allow-
ances to authorize the production or consumption, 
respectively, beginning with calendar year 2034, for 
a period of up to 5 years, of a regulated substance 
in an amount up to 10 percent of the quantity of 
production or consumption of such regulated sub-
stance contributed by such person to the production 
baseline or the consumption baseline, as applicable, 
if the Administrator finds, based on a petition by 
such person, that— 
(A) such excess production or consumption 
is exclusively for an application with respect to 
which no substitute is available during such pe-
riod, considering technological achievability, 
commercial demands, safety, and other relevant 
factors; and 
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(B) the available supply of such regulated 
substance, including any quantities of such reg-
ulated substance available from reclaiming, 
prior production, or prior import, and allow-
ances for such regulated substance, are insuffi-
cient to accommodate such application. 
(2) EXTENSION.—The Administrator may, by 
regulation, allocate additional production allowances 
or consumption allowances, for additional periods of 
up to 5 years, in an amount up to 10 percent of the 
quantity of production or consumption of the regu-
lated substance contributed by the person involved to 
the production baseline or the consumption baseline, 
as applicable, if the Administrator finds, based on a 
petition by such person, that the criteria described 
in subparagraphs (A) and (B) of paragraph (1) con-
tinue to be satisfied. 
(3) EXCEPTION.—The Administrator may allo-
cate production allowances or consumption allow-
ances pursuant to this subsection in amounts that 
cause the total quantity of production allowances or 
consumption allowances in a year to exceed the max-
imum quantity permissible under subsection (b) for 
that year. 
(f) EXPORTS.— 
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(1) EXPORTS OF EXCESS AMOUNTS.— 
(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C) and paragraph (2), the Ad-
ministrator may, by regulation, issue additional 
production allowances for renewable periods of 
up to 5 years to a person to produce a regu-
lated substance at a facility located in the 
United States in excess of the amount author-
ized by the production allowances otherwise 
held by that person solely for export to, and use 
in, a foreign country. 
(B) 
PETITION
REQUIRED.—Prior 
to 
issuing any additional production allowances to 
a person pursuant to subparagraph (A), the 
Administrator shall require the person to sub-
mit a petition in such manner and containing 
such information as the Administration may by 
regulation require. 
(C) LIMITATION.—The Administrator shall 
not issue any production allowances pursuant to 
subparagraph (A) in amounts that would cause 
the total quantity of production allowances in a 
year to exceed the maximum quantity of pro-
duction allowances permissible under subsection 
(b) for that year. 
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(2) PROHIBITED EXPORT FOR CERTAIN COUN-
TRIES.—Beginning on January 1, 2033, no person 
subject to the requirements of this Act shall export 
a regulated substance to a foreign country that is 
not identified by the Administrator as having en-
acted or otherwise established the same or similar 
requirements or otherwise undertaken commitments 
regarding the production and the consumption of 
regulated substances as are contained in this Act. 
SEC. 6. MANAGEMENT OF REGULATED SUBSTANCES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Administrator should provide for a safe 
hydrofluorocarbon transition by ensuring that heating, 
ventilation, air conditioning, and refrigeration practi-
tioners are positioned to comply with safe servicing, re-
pair, disposal, or installation procedures. 
(b) REGULATIONS.— 
(1) IN GENERAL.—Not later than 24 months 
after the date of enactment of this Act, the Adminis-
trator shall, for purposes of maximizing reclaiming, 
minimizing the release of a regulated substance from 
equipment, and ensuring the safety of technicians 
and consumers, promulgate regulations to control, 
where appropriate, any practice, process, or activity 
regarding the servicing, repair, disposal, or installa-
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tion of equipment that involves a regulated sub-
stance or a substitute for a regulated substance, in-
cluding the reclaiming of a regulated substance or a 
substitute for a regulated substance. 
(2) MINIMUM
STANDARDS.—The regulations 
promulgated under paragraph (1) may include, 
where appropriate, that any such servicing, repair, 
disposal, or installation be performed by a trained 
technician meeting minimum standards, as deter-
mined by the Administrator. 
(c) RECLAIM.— 
(1) CONSIDERATION.—The Administrator shall 
consider the use of any authority available to the 
Administrator under this Act to increase opportuni-
ties for the reclaiming of regulated substances. 
(2) REQUIREMENT.—Any regulated substance 
that is recovered shall be reclaimed before such reg-
ulated substance is sold or transferred to a new 
owner, except where such recovered regulated sub-
stance is sold or transferred to a new owner solely 
for the purposes of being reclaimed or destroyed. 
(d) COORDINATION.—In promulgating regulations to 
implement this section, the Administrator may coordinate 
such regulations with any other regulations promulgated 
by the Administrator that involve— 
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(1) the same or similar practice, process, or ac-
tivity regarding the servicing, repair, disposal, or in-
stallation of equipment; or 
(2) reclaiming. 
(e) INAPPLICABILITY.—Subsections (a) through (d) 
do not apply with respect to a regulated substance or a 
substitute for a regulated substance that is contained in 
a foam. 
SEC. 7. TECHNOLOGY TRANSITIONS. 
(a) AUTHORITY.—The Administrator may, by regula-
tion and in accordance with this section, prohibit or re-
strict, including through a graduated schedule, the use of 
a regulated substance in a sector or subsector in which 
such regulated substance is used. 
(b) NEGOTIATED RULEMAKING.—The Administrator 
shall consider negotiating and developing a proposed regu-
lation under this section in accordance with the negotiated 
rulemaking procedure under subchapter III of chapter 5 
of title 5, United States Code (commonly referred to as 
the ‘‘Negotiated Rulemaking Act of 1990’’). If the Admin-
istrator decides to proceed with a negotiated rulemaking, 
the Administrator shall, to the extent the Administrator 
deems practicable, give priority to completing that rule-
making over completing concurrent non-negotiated rule-
makings pursuant to this section. If the Administrator de-
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cides not to proceed with a negotiated rulemaking, the Ad-
ministrator shall include an explanation of such decision 
in any proposed regulation published pursuant to this sec-
tion. 
(c) PETITION.— 
(1) Any person may petition the Administrator 
to promulgate regulations under this section to pro-
hibit or restrict the use of a regulated substance in 
a sector or subsector. 
(2) The Administrator shall grant or deny a pe-
tition received pursuant to paragraph (1) not later 
than 180 days after receipt of such petition. 
(3) If the Administrator denies a petition re-
ceived pursuant to paragraph (1), the Administrator 
shall publish in the Federal Register an explanation 
of the Administrator’s decision. 
(4) If the Administrator grants a petition re-
ceived pursuant to paragraph (1), the Administrator 
shall promulgate regulations prohibiting or restrict-
ing the use of the regulated substance in the sector 
or subsector under subsection (a) not later than 24 
months after granting such petition. 
(5) The Administrator shall publish in full any 
petition received pursuant to this subsection not 
later than 30 days after receipt of such petition. 
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(d) CRITERIA.—In promulgating regulations pursu-
ant to subsection (a), the Administrator shall consider— 
(1) promoting and supporting domestic eco-
nomic development; 
(2) maximizing protections for human health 
and the environment; 
(3) minimizing costs for the production, use, 
and reclaiming of regulated substances; 
(4) maximizing flexibility for the recovery, re-
claiming, and re-use of regulated substances; 
(5) ensuring consumer safety; 
(6) the availability of substitutes for regulated 
substances, 
taking 
into 
account 
technological 
achievability, commercial demands, safety, and other 
relevant factors, including lead times for equipment 
conversion; and 
(7) minimizing any costs to consumers. 
(e) EVALUATION.—For purposes of this Act, the Ad-
ministrator shall, on an ongoing basis, evaluate the avail-
ability of substitutes to regulated substances in a sector 
or 
subsector, 
taking 
into 
account 
technological 
achievability, commercial demands, safety, and other rel-
evant factors, including lead times for equipment conver-
sion. 
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SEC. 8. RULEMAKING AUTHORITY. 
(a) RULEMAKINGS.—The Administrator may promul-
gate such regulations as are necessary to carry out the 
functions of the Administrator under this Act. 
(b) DELEGATION.—The Administrator may delegate 
to any officer or employee of the Environmental Protection 
Agency such of the powers and duties of the Administrator 
under this Act as the Administrator determines to be ap-
propriate. 
(c) REQUIREMENTS.—In exercising any requirement 
or authority in this Act to act by regulation or to promul-
gate regulations, the Administrator shall comply with the 
requirements of section 307(d) of the Clean Air Act (42 
U.S.C. 7607(d)). 
SEC. 9. RELATIONSHIP TO OTHER LAWS. 
Sections 113, 114, 304, and 307 of the Clean Air 
Act (42 U.S.C. 7413, 7414, 7604, 7607) shall apply to 
this Act and any regulations promulgated by the Adminis-
trator pursuant to this Act as though this Act were in-
cluded in title VI of the Clean Air Act (42 U.S.C. 7671 
et seq.). 
Æ 
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