§7671a Listing of Class I and Class Ii Substances

Summary

The Administrator must publish two lists of ozone-depleting chemicals. Within 60 days after November 15, 1990, the Administrator must put out an initial list of class I substances (covering several groups of CFCs, three halons, carbon tetrachloride, and methyl chloroform, and the isomers of those substances except 1,1,2‑trichloroethane). At the same time the Administrator must publish an initial list of class II substances (a long list of HCFCs and their isomers). The Administrator can add other substances that are found to harm the stratospheric ozone layer or that meet the numeric ozone‑depletion criteria (including any with an ozone‑depletion potential of 0.2 or greater). The Administrator may add substances by rule, must review additions at least every 3 years after November 15, 1990, and must respond to any petition to add a substance by proposing action or explaining a denial within 180 days and making a final decision within 1 year. Only a class II chemical that is moved into class I can be removed from class II. No chemical listed as class I (including methyl chloroform) may be taken off class I. If a new substance is listed, the Administrator may delay related compliance deadlines if needed, but cannot delay the final stop of class I production to later than 7 years after January 1 of the year after the substance is listed, or for class II later than 10 years after that January 1. When publishing the lists or adding a substance, the Administrator must give each chemical a number for its ozone‑depletion potential and must publish its chlorine/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 chemical’s global warming potential. For certain listed chemicals the law sets specific ozone‑depletion values: CFC‑11, CFC‑12, CFC‑13, CFC‑111, CFC‑112, CFC‑114, CFC‑211 through CFC‑217 = 1.0; CFC‑113 = 0.8; CFC‑115 = 0.6; 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. Where the Montreal Protocol gives a value, the Administrator’s value must agree with it.