527 
of each permit application or proposed permit forwarded to the 
Administrator under this section. 
(B) RECOMMENDATIONS.—A permitting authority shall provide 
an opportunity for States described in subparagraph (A) to submit 
written recommendations respecting the issuance of the permit 
and its terms and conditions. If any part of those recommenda-
tions is not accepted by the permitting authority, the permitting 
authority shall notify the State submitting the recommendations 
and the Administrator in writing of its decision not to accept that 
part of the recommendation and the reasons for the decision. 
(b) PERMIT PROVISION NOT IN COMPLIANCE.— 
(1) OBJECTION BY THE ADMINISTRATOR.— 
(A) IN GENERAL.—If a permit contains provisions that are de-
termined by the Administrator to be not in compliance with the 
applicable requirements of this division (including the require-
ments of an applicable implementation plan), the Administrator 
shall, in accordance with this subsection, object to issuance of the 
permit. 
(B) RESPONSE.—The permitting authority shall respond in 
writing if the Administrator— 
(i) within 45 days after receiving a copy of the proposed 
permit under subsection (a)(1); or 
(ii) within 45 days after receiving notification under sub-
section (a)(2); 
objects in writing to issuance of a permit as not in compliance 
with the requirements. 
(C) REASONS.—With the objection, the Administrator shall pro-
vide a statement of the reasons for the objection. 
(D) COPIES TO APPLICANT.—A copy of the objection and state-
ment shall be provided to the applicant. 
(2) NO OBJECTION BY THE ADMINISTRATOR.— 
(A) PETITION.—If the Administrator does not object in writing 
to the issuance of a permit pursuant to paragraph (1), any person 
may petition the Administrator within 60 days after the expiration 
of the 45-day review period specified in paragraph (1) to make an 
objection. A copy of the petition shall be provided to the permit-
ting authority and the applicant by the petitioner. The petition 
shall be based only on objections to the permit that were raised 
with reasonable specificity during the public comment period pro-
vided by the permitting agency (unless the petitioner demonstrates 
in the petition to the Administrator that it was impracticable to 
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raise the objections within that period or unless the grounds for 
the objection arose after that period). The petition shall identify 
all such objections. If the permit has been issued by the permitting 
agency, the petition shall not postpone the effectiveness of the per-
mit. 
(B) GRANT OR DENIAL.—The Administrator shall grant or deny 
a petition under subparagraph (A) within 60 days after the peti-
tion is filed. The Administrator shall issue an objection within that 
period if the petitioner demonstrates to the Administrator that the 
permit is not in compliance with the requirements of this division 
(including the requirements of an applicable implementation plan). 
Any denial of such a petition shall be subject to judicial review 
under section 211113 of this title. 
(C) REGULATIONS.—The Administrator shall include in regula-
tions under this subdivision provisions to implement this para-
graph. 
(D) NONDELEGABILITY.—The Administrator may not delegate 
the requirements of this paragraph. 
(3) REVISION OF PERMIT.— 
(A) IN GENERAL.—On receipt of an objection by the Adminis-
trator under this subsection, a permitting authority may not issue 
a permit unless the permit is revised and issued in accordance 
with subsection (c). 
(B) OBJECTION ON PETITION.—If the permitting authority has 
issued a permit prior to receipt of an objection by the Adminis-
trator under paragraph (2)— 
(i) the Administrator shall modify, terminate, or revoke the 
permit; and 
(ii) the permitting authority may thereafter issue a revised 
permit only in accordance with subsection (c). 
(c) ISSUANCE OR DENIAL.—If the permitting authority fails, within 90 
days after the date of an objection under subsection (b), to submit a permit 
revised to meet the objection, the Administrator shall issue or deny the per-
mit in accordance with the requirements of this subdivision. No objection 
shall be subject to judicial review until the Administrator takes final action 
to issue or deny a permit under this subsection. 
(d) WAIVER OF NOTIFICATION REQUIREMENTS.— 
(1) WAIVER.—The Administrator may waive the requirements of 
subsections (a) and (b) at the time of approval of a permit program 
under this subdivision for any category (including any class, type, or 
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size within such category) of sources covered by the program other 
than major sources. 
(2) CATEGORIES OF SOURCES.—The Administrator may by regula-
tion establish categories of sources (other than major sources), includ-
ing establishment of any class, type, or size within a category, to which 
the requirements of subsections (a) and (b) shall not apply. 
(3) EXCLUSION
FROM
WAIVER.—The Administrator may exclude 
from any waiver under this subsection the notification requirement 
under subsection (a)(2). 
(4) REVOCATION OR MODIFICATION.—Any waiver granted under this 
subsection may be revoked or modified by the Administrator by regula-
tion. 
(e) TERMINATION, MODIFICATION, OR REVOCATION AND REISSUANCE OF 
PERMIT.— 
(1) NOTIFICATION TO PERMITTING AUTHORITY AND SOURCE.—If the 
Administrator finds that cause exists to terminate, modify, or revoke 
and reissue a permit under this subdivision, the Administrator shall no-
tify the permitting authority and the source of the Administrator’s 
finding. 
(2) PROPOSED
DETERMINATION.—The permitting authority shall, 
within 90 days after receipt of notification under paragraph (1), submit 
to the Administrator a proposed determination of termination, modi-
fication, or revocation and reissuance, as appropriate. The Adminis-
trator may extend the 90-day period for an additional 90 days if the 
Administrator finds that a new or revised permit application is nec-
essary or that the permitting authority must require the permittee to 
submit additional information. The Administrator may review the pro-
posed determination in accordance with subsections (a) and (b). 
(3) ACTION BY THE ADMINISTRATOR.—If the permitting authority 
fails to submit the required proposed determination, or if the Adminis-
trator objects and the permitting authority fails to resolve the objection 
within 90 days, the Administrator may, after notice and in accordance 
with fair and reasonable procedures, terminate, modify, or revoke and 
reissue the permit. 
§ 235106. Other authorities 
(a) IN GENERAL.—Nothing in this subdivision shall preclude a State or 
interstate permitting authority from establishing additional permitting re-
quirements not inconsistent with this division. 
(b) PERMITS IMPLEMENTING ACID RAIN PROVISIONS.—This subdivision 
(including provisions regarding schedules for submission and approval or 
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disapproval of permit applications) shall apply to permits implementing the 
requirements of subdivision 5 except as modified by that subdivision. 
§ 235107. Small business stationary source technical and en-
vironmental compliance assistance program 
(a) DEFINITIONS.—In this section: 
(1) OMBUDSMAN.—The term ‘‘Ombudsman’’ means the Small Busi-
ness Ombudsman. 
(2) SMALL BUSINESS STATIONARY SOURCE.— 
(A) IN GENERAL.—The term ‘‘small business stationary source’’ 
means a stationary source that— 
(i) is owned or operated by a person that employs 100 or 
fewer individuals; 
(ii) is a small business concern (as defined in the Small 
Business Act (15 U.S.C. 631 et seq.); 
(iii) is not a major stationary source; 
(iv) does not emit 50 tons or more per year of any regu-
lated pollutant; and 
(v) emits less than 75 tons per year of all regulated pollut-
ants. 
(B) INCLUSION OF OTHER SOURCES.—On petition by a source, 
a State may, after notice and opportunity for public comment, in-
clude as a small business stationary source for purposes of this 
section any stationary source that does not meet the criteria of 
clause (iii), (iv), or (v) of subparagraph (A) but that does not emit 
more than 100 tons per year of all regulated pollutants. 
(C) EXCLUSION OF CERTAIN CATEGORIES OR SUBCATEGORIES 
OF SOURCES.— 
(i) BY THE ADMINISTRATOR.—The Administrator, in con-
sultation with the Administrator of the Small Business Ad-
ministration and after providing notice and opportunity for 
public comment, may exclude from the small business sta-
tionary source definition under subparagraph (A) any cat-
egory or subcategory of sources that the Administrator deter-
mines to have sufficient technical and financial capabilities to 
meet the requirements of this division without the application 
of this section. 
(ii) BY A STATE.—A State, in consultation with the Admin-
istrator and the Administrator of the Small Business Admin-
istration and after providing notice and opportunity for public 
hearing, may exclude from the small business stationary 
source definition under subparagraph (A) any category or 
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subcategory of sources that the State determines to have suf-
ficient technical and financial capabilities to meet the require-
ments of this division without the application of this section. 
(b) STATE SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND EN-
VIRONMENTAL COMPLIANCE ASSISTANCE PROGRAMS.— 
(1) IN GENERAL.—Consistent with sections 211110 and 211112 of 
this title, each State shall, after reasonable notice and public hearings, 
adopt and submit to the Administrator as part of the State implemen-
tation plan for the State plans for establishing a small business sta-
tionary source technical and environmental compliance assistance pro-
gram. 
(2) ELEMENTS REQUIRED FOR APPROVAL.—The Administrator shall 
approve such a program if it includes each of the following: 
(A) Adequate mechanisms for developing, collecting, and coordi-
nating information concerning compliance methods and tech-
nologies for small business stationary sources, and programs to 
encourage lawful cooperation among such sources and other per-
sons to further compliance with this division. 
(B) Adequate mechanisms for assisting small business sta-
tionary sources with pollution prevention and accidental release de-
tection and prevention, including providing information concerning 
alternative technologies, process changes, products, and methods 
of operation that help reduce air pollution. 
(C) A designated State office within the relevant State agency 
to serve as ombudsman for small business stationary sources in 
connection with the implementation of this division. 
(D) A compliance assistance program for small business sta-
tionary sources that assists small business stationary sources in 
determining applicable requirements and in receiving permits 
under this division in a timely and efficient manner. 
(E) Adequate mechanisms to ensure that small business sta-
tionary sources receive notice of their rights under this division in 
such manner and form as to ensure reasonably adequate time for 
such sources to evaluate compliance methods and any relevant or 
applicable proposed or final regulation or standard issued under 
this division. 
(F) Adequate mechanisms for informing small business sta-
tionary sources of their obligations under this division, including 
mechanisms for referring such sources to qualified auditors or, at 
the option of the State, for providing audits of the operations of 
such sources to determine compliance with this division. 
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(G) Procedures for consideration of requests from a small busi-
ness stationary source for modification of— 
(i) any work practice or technological method of compli-
ance; or 
(ii) the schedule of milestones for implementing such a 
work practice or method of compliance preceding any applica-
ble compliance date; 
based on the technological and financial capability of any such 
small business stationary source. 
(3) MODIFICATION OF WORK PRACTICES, TECHNOLOGICAL METHODS 
OF COMPLIANCE, AND SCHEDULES OF MILESTONES.—No modification 
of a work practice, technological method of compliance, or the schedule 
of milestones may be granted under paragraph (2)(G) unless it is in 
compliance with the applicable requirements of this division (including 
the requirements of the applicable implementation plan). Where such 
applicable requirements are set forth in Federal regulations, only modi-
fications authorized in those regulations may be allowed. 
(c) FEDERAL SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND 
ENVIRONMENTAL COMPLIANCE ASSISTANCE PROGRAM.— 
(1) IN GENERAL.—The Administrator shall establish a small busi-
ness stationary source technical and environmental compliance assist-
ance program. 
(2) ACTIVITIES.—The program shall— 
(A) assist the States in the development of a State small busi-
ness stationary source technical and environmental compliance as-
sistance program required under subsection (b); 
(B) issue guidance for the use of the States in the implementa-
tion of such programs that includes alternative control tech-
nologies and pollution prevention methods applicable to small busi-
ness stationary sources; and 
(C) provide for implementation of the program provisions re-
quired under subsection (b)(2)(D) in any State that fails to sub-
mit such a program under that subsection. 
(d) MONITORING.— 
(1) IN GENERAL.—The Administrator shall direct the EPA Office of 
Small and Disadvantaged Business Utilization through the Ombuds-
man to monitor the small business stationary source technical and envi-
ronmental compliance assistance program under this section. 
(2) ACTIVITIES.—In carrying out monitoring activities, the Ombuds-
man shall— 
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(A) render advisory opinions on the overall effectiveness of the 
small business stationary source technical and environmental com-
pliance assistance program, difficulties encountered, and degree 
and severity of enforcement; 
(B) make periodic reports to Congress on the compliance of the 
small business stationary source technical and environmental com-
pliance assistance program with the requirements of chapter 35 of 
title 44, chapter 6 of title 5, and section 504 of title 5; 
(C) review information to be issued by the small business sta-
tionary source technical and environmental compliance assistance 
program for small business stationary sources to ensure that the 
information is understandable by the layperson; and 
(D) have the small business stationary source technical and en-
vironmental compliance assistance program serve as the secre-
tariat for the development and dissemination of such reports and 
advisory opinions. 
(e) COMPLIANCE ADVISORY PANEL.— 
(1) ESTABLISHMENT.—There shall be established in each State a 
compliance advisory panel (referred to in this subsection as a ‘‘Panel’’). 
(2) MEMBERSHIP.—A Panel shall consist of at least— 
(A) 2 members, who are not owners, or representatives of own-
ers, of small business stationary sources, selected by the Governor 
to represent the general public; 
(B) 2 members selected by the State legislature who are owners, 
or who represent owners, of small business stationary sources (1 
member each selected by the majority and minority leadership of 
the lower house (or in the case of a State with a unicameral legis-
lature, 2 members each selected by the majority leadership and the 
minority leadership)); 
(C) except in the case of a State with a unicameral legislature, 
2 members selected by the State legislature who are owners, or 
who represent owners, of small business stationary sources (1 
member each selected by the majority and minority leadership of 
the upper house, or the equivalent State entity); and 
(D) 1 member selected by the head of the department or agency 
of the State responsible for air pollution permit programs, to rep-
resent that agency. 
(3) ACTIVITIES.—A Panel shall— 
(A) render advisory opinions concerning— 
(i) the effectiveness of the small business stationary source 
technical and environmental compliance assistance program; 
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(ii) difficulties encountered; and 
(iii) the degree and severity of enforcement; 
(B) make periodic reports to the Administrator concerning the 
compliance of the State small business stationary source technical 
and environmental compliance assistance program with the re-
quirements of chapter 35 of title 44, chapter 6 of title 5, and sec-
tion 504 of title 5; 
(C) review information for small business stationary sources to 
ensure that the information is understandable by the layperson; 
and 
(D) have the small business stationary source technical and en-
vironmental compliance assistance program serve as the secre-
tariat for the development and dissemination of such reports and 
advisory opinions. 
(f) FEES.—A State (or the Administrator) may reduce any fee required 
under this division to take into account the financial resources of small busi-
ness stationary sources. 
(g) CONTINUOUS EMISSION MONITORS.—In developing regulations and 
control technique guidelines under this division that contain continuous 
emission monitoring requirements, the Administrator, consistent with the 
requirements of this division, before applying the requirements to small 
business stationary sources, shall consider the necessity and appropriateness 
of the requirements for such sources. Nothing in this subsection shall affect 
the applicability of subdivision 5 provisions relating to continuous emissions 
monitoring. 
(h) CONTROL TECHNIQUE GUIDELINES.—The Administrator shall con-
sider, consistent with the requirements of this division, the size, type, and 
technical capabilities of small business stationary sources (and sources that 
are eligible under subsection (a)(2)(B) to be treated as small business sta-
tionary sources) in developing control technique guidelines applicable to 
such sources under this division. 
Subdivision 7—Stratospheric Ozone 
Reduction 
Chapter 237—Stratospheric Ozone 
Reduction 
Sec. 
237101. Definitions. 
237102. Listing of class I substances and class II substances. 
237103. Monitoring and reporting requirements. 
237104. Prohibition of production and consumption of class I substances. 
237105. Phaseout of production and consumption of class II substances. 
237106. Accelerated schedule. 
237107. Exchange authority. 
237108. National recycling and emission reduction program. 
237109. Servicing of motor vehicle air conditioners. 
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237110. Nonessential products containing chlorofluorocarbons. 
237111. Labeling. 
237112. Safe alternatives policy. 
237113. Federal procurement. 
237114. Relationship to other laws. 
237115. Control of substances, practices, processes, and activities that may reasonably be an-
ticipated to affect the stratosphere. 
237116. Transfers among parties to Montreal Protocol. 
237117. International cooperation. 
237118. Miscellaneous provisions. 
§ 237101. Definitions 
In this subdivision: 
(1) APPLIANCE.— 
(A) IN
GENERAL.—The term ‘‘appliance’’ means any device 
that— 
(i) contains and uses a class I substance or class II sub-
stance as a refrigerant; and 
(ii) is used for a household or commercial purpose. 
(B) INCLUSIONS.—The term ‘‘appliance’’ includes any air condi-
tioner, refrigerator, chiller, or freezer. 
(2) BASELINE YEAR.—The term ‘‘baseline year’’ means— 
(A) calendar year 1986, in the case of any class I substance list-
ed in Group I or II under section 237102(a) of this title; 
(B) calendar year 1989, in the case of any class I substance 
listed in Group III, IV, or V under section 237102(a) of this title; 
and 
(C) a representative calendar year selected by the Adminis-
trator, in the case of— 
(i) any substance added to the list of class I substances 
after the publication of the initial list under section 
237102(a) of this title; and 
(ii) any class II substance. 
(3) CLASS I SUBSTANCE.—The term ‘‘class I substance’’ means a 
substance listed as provided in section 237102(a) of this title. 
(4) CLASS II SUBSTANCE.—The term ‘‘class II substance’’ means a 
substance listed as provided in section 237102(b) of this title. 
(5) COMMISSIONER.—The term ‘‘Commissioner’’ means the Commis-
sioner of Food and Drugs. 
(6) CONSUMPTION.— 
(A) IN GENERAL.—The term ‘‘consumption’’ means, with re-
spect to any substance— 
(i) the amount of that substance produced in the United 
States; plus 
(ii) the amount imported; minus 
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(iii) the amount exported to parties to the Montreal Pro-
tocol. 
(B) CONSTRUCTION.—The term ‘‘consumption’’ shall be con-
strued in a manner that is consistent with the Montreal Protocol. 
(7) 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 subject to the jurisdiction of the United States, whether or not 
the landing, bringing, or introduction constitutes an importation within 
the meaning of the customs laws of the United States. 
(8) MEDICAL DEVICE.—The term ‘‘medical device’’ means any device 
(as defined in section 201 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 321)), diagnostic product, drug (as defined in that sec-
tion), or drug delivery system that— 
(A) utilizes a class I substance or class II substance for which 
no safe and effective alternative has been developed, and where 
necessary, approved by the Commissioner; and 
(B) after notice and opportunity for public comment, is ap-
proved and determined to be essential by the Commissioner in con-
sultation with the Administrator. 
(9) MONTREAL PROTOCOL.— 
(A) IN GENERAL.—The term ‘‘Montreal Protocol’’ means the 
Montreal Protocol on Substances That Deplete the Ozone Layer, 
done at Montreal September 16, 1987 (26 I.L.M. 1541; 1522 
U.N.T.S. 29), a protocol to the Vienna Convention for the Protec-
tion of the Ozone Layer, done at Vienna March 22, 1985 (T.I.A.S. 
11097). 
(B) INCLUSIONS.—The term ‘‘Montreal Protocol’’ includes ad-
justments adopted by parties to the Montreal Protocol and amend-
ments that enter into force. 
(10) OZONE-DEPLETION POTENTIAL.— 
(A) IN GENERAL.—The term ‘‘ozone-depletion potential’’ means 
a factor established by the Administrator to reflect the ozone-de-
pletion potential of a substance, on a mass per kilogram basis, as 
compared with chlorofluorocarbon-11. 
(B) CRITERIA.—The factor shall be based on— 
(i) the substance’s atmospheric lifetime; 
(ii) the molecular weight of bromine and chlorine; 
(iii) the substance’s ability to be photolytically disasso-
ciated; and 
(iv) other factors determined to be an accurate measure of 
relative ozone-depletion potential. 
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(1) ASSIGNMENT
OF
NUMERICAL
VALUE
AND
PUBLICATION
OF 
CHLORINE
AND
BROMINE
LOADING
POTENTIAL
AND
ATMOSPHERIC 
LIFETIME.—Simultaneously with any addition to either of the lists, the 
Administrator shall— 
(A) assign to each listed substance a numerical value rep-
resenting the substance’s ozone-depletion potential; and 
(B) publish the chlorine and bromine loading potential and the 
atmospheric lifetime of each listed substance. 
(2) PUBLICATION OF GLOBAL WARMING POTENTIAL.— 
(A) IN GENERAL.—One year after the addition of a substance 
to either of the lists, after notice and opportunity for public com-
ment, the Administrator shall publish the global warming potential 
of each listed substance. 
(B) NO BASIS FOR ADDITIONAL REGULATION.—Subparagraph 
(A) shall not be construed to be the basis of any additional regula-
tion under this division. 
(3) OZONE-DEPLETION POTENTIAL.— 
(A) IN GENERAL.—In the case of the substances described in 
table 1, the ozone-depletion potential shall be as specified in table 
1, unless the Administrator adjusts the substance’s ozone-deple-
tion potential based on criteria described in section 237101(10) of 
this title: 
TABLE 1 
Substance 
Ozone- 
deple-
tion po-
tential 
chlorofluorocarbon-11 (CFC–11) ..................................................................
1.0
chlorofluorocarbon-12 (CFC–12) ..................................................................
1.0
chlorofluorocarbon-13 (CFC–13) ..................................................................
1.0
chlorofluorocarbon-111 (CFC–111) ..............................................................
1.0
chlorofluorocarbon-112 (CFC–112) ..............................................................
1.0
chlorofluorocarbon-113 (CFC–113) ..............................................................
0.8
chlorofluorocarbon-114 (CFC–114) ..............................................................
1.0
chlorofluorocarbon-115 (CFC–115) ..............................................................
0.6
chlorofluorocarbon-211 (CFC–211) ..............................................................
1.0
chlorofluorocarbon-212 (CFC–212) ..............................................................
1.0
chlorofluorocarbon-213 (CFC–213) ..............................................................
1.0
chlorofluorocarbon-214 (CFC–214) ..............................................................
1.0
chlorofluorocarbon-215 (CFC–215) ..............................................................
1.0
chlorofluorocarbon-216 (CFC–216) ..............................................................
1.0
chlorofluorocarbon-217 (CFC–217) ..............................................................
1.0
halon-1211 .....................................................................................................
3.0
halon-1301 .....................................................................................................
10.0
halon-2402 .....................................................................................................
6.0
carbon tetrachloride .......................................................................................
1.1
methyl chloroform .........................................................................................
0.1
hydrochlorofluorocarbon-22 (HCFC–22) ......................................................
0.05 
hydrochlorofluorocarbon-123 (HCFC–123) ..................................................
0.02 
hydrochlorofluorocarbon-124 (HCFC–124) ..................................................
0.02 
hydrochlorofluorocarbon-141(b) (HCFC–141(b)) .........................................
0.1
hydrochlorofluorocarbon-142(b) (HCFC–142(b)) .........................................
0.06 
(B) SPECIFICATION
IN
MONTREAL
PROTOCOL.—Where the 
ozone-depletion potential of a substance is specified in the Mon-
treal Protocol, the ozone-depletion potential specified for that sub-
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stance under this section shall be consistent with the Montreal 
Protocol. 
§ 237103. Monitoring and reporting requirements 
(a) REGULATIONS.—The regulations of the Administrator regarding mon-
itoring and reporting of class I substances and class II substances shall con-
form to the requirements of this section. The regulations shall include re-
quirements with respect to the time and manner of monitoring and report-
ing as required under this section. 
(b) PRODUCTION, IMPORT, AND EXPORT LEVEL REPORTS.—On a quar-
terly basis, or such other basis (not less than annually) as the Administrator 
may determine, each person that produces, imports, or exports a class I sub-
stance or class II substance shall file a report with the Administrator set-
ting forth the amount of the substance that the person produced, imported, 
and exported during the preceding reporting period. Each such report shall 
be signed and attested by a responsible officer. No such report shall be re-
quired from a person after April 1 of the calendar year after the person 
permanently ceases production, importation, and exportation of the sub-
stance and so notifies the Administrator in writing. 
(c) BASELINE REPORTS FOR CLASS I SUBSTANCES.—Unless such infor-
mation has previously been reported to the Administrator, on the date on 
which the 1st report under subsection (b) is required to be filed, each per-
son that produces, imports, or exports a class I substance (other than a sub-
stance added to the list of class I substances after the publication of the 
initial list of class I substances under this section) shall file a report with 
the Administrator setting forth the amount of the class I substance that the 
person produced, imported, and exported during the baseline year. In the 
case of a substance added to the list of class I substances after publication 
of the initial list of class I substances under this section, the regulations 
shall require that each person that produced, imported, or exported the class 
I substance shall file a report with the Administrator within 180 days after 
the date on which the class I substance is added to the list, setting forth 
the amount of the class I substance that the person produced, imported, and 
exported in the baseline year. 
(d) MONITORING AND REPORTS TO CONGRESS.— 
(1) PRODUCTION, USE, AND CONSUMPTION OF CLASS I SUBSTANCES 
AND CLASS II SUBSTANCES.—The Administrator shall monitor the pro-
duction, use, and consumption of class I substances and class II sub-
stances. Not less frequently than every 6 years, the Administrator shall 
report to Congress on the environmental and economic effects of any 
stratospheric ozone depletion. 
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542 
(2) TROPOSPHERIC CONCENTRATION OF CHLORINE AND BROMINE 
AND LEVEL OF STRATOSPHERIC OZONE DEPLETION.— 
(A) IN GENERAL.—The Administrator of the National Aero-
nautics and Space Administration and the Administrator of the 
National Oceanic and Atmospheric Administration shall monitor, 
and not less often than every 3 years submit to Congress a report 
on, the current average tropospheric concentration of chlorine and 
bromine and the level of stratospheric ozone depletion. 
(B) CONTENTS.—A report under subparagraph (A) shall in-
clude updated projections of— 
(i) peak chlorine loading; 
(ii) the rate at which the atmospheric abundance of chlo-
rine is projected to decrease; and 
(iii) the date by which the atmospheric abundance of chlo-
rine is projected to return to a level of 2 parts per billion. 
(C) BASIS OF PROJECTIONS.—Updated projections under sub-
paragraph (B) shall be made on the basis of— 
(i) current international and domestic controls on sub-
stances covered by this subdivision; and 
(ii) controls described in clause (i) supplemented by a year 
2000 global phaseout of all halocarbon emissions (the base 
case). 
(D) PURPOSE.—It is the purpose of Congress through this sec-
tion to monitor closely the production and consumption of class II 
substances to ensure that the production and consumption of class 
II substances will not— 
(i) increase significantly the peak chlorine loading that is 
projected to occur under the base case established for pur-
poses of this section; 
(ii) reduce significantly the rate at which the atmospheric 
abundance of chlorine is projected to decrease under the base 
case; or 
(iii) delay the date by which the average atmospheric con-
centration of chlorine is projected under the base case to re-
turn to a level of 2 parts per billion. 
(e) TECHNOLOGY STATUS REPORT IN 2015.—The Administrator shall re-
view, on a periodic basis, the progress being made in the development of 
alternative systems or products necessary to manufacture and operate appli-
ances without class II substances. If the Administrator finds, after notice 
and opportunity for public comment, that as a result of technological devel-
opment problems, the development of such alternative systems or products 
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will not occur within the time necessary to provide for the manufacture of 
such equipment without class II substances prior to the applicable deadlines 
under section 237105 of this title, the Administrator shall, not later than 
January 1, 2015, so inform Congress. 
(f) EMERGENCY REPORT.— 
(1) IN GENERAL.—If, in consultation with the Administrator of the 
National Aeronautics and Space Administration and the Administrator 
of the National Oceanic and Atmospheric Administration, and after no-
tice and opportunity for public comment, the Administrator determines 
that the global production, consumption, and use of class II substances 
are projected to contribute to an atmospheric chlorine loading in excess 
of the base case projections by more than 5⁄10ths part per billion, the 
Administrator shall so inform Congress immediately. 
(2) DETERMINATION.—A determination under paragraph (2) shall 
be— 
(A) based on the monitoring under subsection (d); and 
(B) updated not less often than every 3 years. 
§ 237104. Prohibition of production and consumption of 
class I substances 
(a) PROHIBITION OF PRODUCTION OF CLASS I SUBSTANCES.—It shall be 
unlawful for any person to produce any amount of a class I substance ex-
cept as provided in this section. 
(b) EXCEPTIONS FOR MEDICAL DEVICES AND AVIATION SAFETY.— 
(1) MEDICAL DEVICES.—The Administrator, after notice and oppor-
tunity for public comment, shall, to the extent that such action is con-
sistent with the Montreal Protocol, authorize the production of limited 
quantities of class I substances solely for use in medical devices if the 
authorization is determined by the Commissioner, in consultation with 
the Administrator, to be necessary for use in medical devices. 
(2) AVIATION SAFETY.— 
(A) IN GENERAL.—The Administrator, after notice and oppor-
tunity for public comment, may, to the extent such action is con-
sistent with the Montreal Protocol, authorize the production of 
limited quantities of halon-1211 (bromochlorodifluoromethane), 
halon-1301 
(bromotrifluoromethane), 
and 
halon-2402 
(dibromotetrafluoroethane) solely for purposes of aviation safety if 
the Administrator of the Federal Aviation Administration, in con-
sultation with the Administrator, determines that no safe and ef-
fective substitute has been developed and that the authorization is 
necessary for aviation safety purposes. 
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