Title 42, The Public Health and WelfareRelease 119-110

§7671e Accelerated Schedule

Title 42 › CHAPTER 85 — AIR POLLUTION PREVENTION AND CONTROL › SUBCHAPTER VI — STRATOSPHERIC OZONE PROTECTION › § 7671e

Last updated Sep 22, 2026|Official source

Summary

The Administrator must create rules, after giving notice and a chance for public comment, to speed up the phase-out of producing or using class I and class II ozone-depleting substances when one of three things is true: new scientific reviews show faster cuts may be needed to protect the ozone layer, safe and workable substitutes are available, or the Montreal Protocol sets a faster schedule. The Administrator must also think about how much time is left on the current schedule when making these choices. Any person can ask the Administrator to make these faster rules. The Administrator must say yes or no within 180 days. If the request is denied, the Administrator must explain why. If it is approved, final rules must be issued within 1 year. Petitions must include enough data to support them. If the information is not enough, the Administrator must use any legal authority they have to get more.

Full Legal Text

Title 42, §7671e

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

The Administrator shall promulgate regulations, after notice and opportunity for public comment, which establish a schedule for phasing out the production and consumption of class I and class II substances (or use of class II substances) that is more stringent than set forth in section 7671c or 7671d of this title, or both, if—

(1)based on an assessment of credible current scientific information (including any assessment under the Montreal Protocol) regarding harmful effects on the stratospheric ozone layer associated with a class I or class II substance, the Administrator determines that such more stringent schedule may be necessary to protect human health and the environment against such effects,

(2)based on the availability of substitutes for listed substances, the Administrator determines that such more stringent schedule is practicable, taking into account technological achievability, safety, and other relevant factors, or

(3)the Montreal Protocol is modified to include a schedule to control or reduce production, consumption, or use of any substance more rapidly than the applicable schedule under this subchapter.

In making any determination under paragraphs (1) and (2), the Administrator shall consider the status of the period remaining under the applicable schedule under this subchapter.

(b)Petition

Any person may petition the Administrator to promulgate regulations under this section. The Administrator shall grant or deny the petition within 180 days after receipt of any such petition. If the Administrator denies the petition, the Administrator shall publish an explanation of why the petition was denied. If the Administrator grants such petition, such final regulations shall be promulgated within 1 year. Any petition under this subsection shall include a showing by the petitioner that there are data adequate to support the petition. If the Administrator determines that information is not sufficient to make a determination under this subsection, the Administrator shall use any authority available to the Administrator, under any law administered by the Administrator, to acquire such information.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7671e

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110