§7671a Listing of class I and class II substances

Summary

The EPA Administrator must publish two lists within 60 days after November 15, 1990: an initial list of class I ozone-depleting substances (including groups of CFCs, halons, carbon tetrachloride, and methyl chloroform, plus their isomers except 1,1,2‑trichloroethane) and an initial list of class II substances (many HCFCs and their isomers). The Administrator must add any other substance found to harm the stratospheric ozone layer, and must add any substance with an ozone‑depletion potential of 0.2 or greater. The Administrator must review and update the lists by rule at least every 3 years. Anyone may petition the Administrator to add a substance; within 180 days the Administrator must either propose the addition or explain the denial, and must make a final rule or final decision not to add within 1 year. Only a class II chemical that is moved into class I can be taken off the class II list. No substance listed as class I in the initial list may be removed. When the lists or any additions are published, the Administrator must give each listed substance a numerical ozone‑depletion potential and must publish its chlorine and bromine loading potential and atmospheric lifetime. One year after November 15, 1990 (or one year after any later addition), and after public notice and comment, the Administrator must publish each listed substance’s global warming potential. The law also gives specific ozone‑depletion numbers for certain named substances (for example, CFC–11 = 1.0, CFC–12 = 1.0, halon‑1211 = 3.0, halon‑1301 = 10.0, halon‑2402 = 6.0, carbon tetrachloride = 1.1, methyl chloroform = 0.1, HCFC–22 = 0.05, HCFC–123 = 0.02, HCFC–124 = 0.02, HCFC–141(b) = 0.1, HCFC–142(b) = 0.06). If a substance is added after the initial lists, the Administrator may delay compliance schedules if needed, but may not push a class I production‑termination date to later than 7 years after January 1 of the year after the year in which the substance is added, or a class II production‑termination date to later than 10 years after January 1 of the year after the year in which the substance is added.