§7671d Phase-out of Production and Consumption of Class Ii Substances

Summary

Starting January 1, 2015, people may not sell or use class II substances across state lines unless the substance is recovered and recycled, is completely used up when making other chemicals (except tiny traces), is used as a refrigerant in appliances made before January 1, 2020, or is allowed for nonresidential fire suppression under section 7671k(c). A refrigerant here means a class II substance used to move heat in a cooling system. From January 1, 2015, no one may produce more of a class II substance in a year than they did in their baseline year, and production must stop entirely on January 1, 2030. By December 31, 1999, the Administrator had to make rules to phase out production and use and to make U.S. consumption follow the same schedule (unless the phase-out is sped up under section 7671e). There are two limited exceptions. For medical devices, the Administrator can allow small amounts to be made and used if a health official agrees it is needed and it fits the Montreal Protocol; this may not let anyone make more than 10% of their baseline annual amount. For export to developing countries that are parties to the Montreal Protocol, the Administrator can allow extra production just to meet those countries’ basic needs, after public notice; between the start of the 2015 limits and 2029 the extra amount cannot exceed 110% of a person’s baseline annual amount, in 2030 and after it cannot exceed 15% of that baseline, and all such export exceptions end by January 1, 2040.