Sec. 9206. Technology transitions
513 words·~2 min read·
/bill/116/hr/4447/eh/section-9206·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Administrator may, by regulation and in accordance with this section, prohibit or restrict, including through a graduated schedule, the use of a regulated substance in a sector or subsector in which such regulated substance is used. The Administrator shall consider negotiating and developing a proposed regulation under this section in accordance with the negotiated rulemaking procedure under subchapter III of chapter 5 of title 5, United States Code (commonly referred to as the Negotiated Rulemaking Act of 1990 ).
If the Administrator decides to proceed with a negotiated rulemaking, the Administrator shall, to the extent the Administrator deems practicable, give priority to completing that rulemaking over completing concurrent non-negotiated rulemakings pursuant to this section. If the Administrator decides not to proceed with a negotiated rulemaking, the Administrator shall include an explanation of such decision in any proposed regulation published pursuant to this section. Any person may petition the Administrator to promulgate regulations under this section to prohibit or restrict the use of a regulated substance in a sector or subsector.
The Administrator shall grant or deny a petition received pursuant to paragraph
(1)not later than 180 days after receipt of such petition. If the Administrator denies a petition received pursuant to paragraph (1), the Administrator shall publish in the Federal Register an explanation of the Administrator’s decision. If the Administrator grants a petition received pursuant to paragraph (1), the Administrator shall— propose regulations prohibiting or restricting the use of the regulated substance in the sector or subsector under subsection
(a)not later than 270 days after granting such petition; and promulgate final regulations prohibiting or restricting the use of the regulated substance in the sector or subsector under subsection
(a)not later than 365 days after proposing such regulations. The Administrator shall— submit for publication in the Federal Register a notice of the availability of each petition received pursuant to this subsection not later than 60 days after receipt of such petition; and shall make each such petition available in full upon request. In promulgating regulations under this section, the Administrator shall consider— promoting and supporting domestic economic development; maximizing protections for human health and the environment; minimizing costs for the production, use, and reclaiming of regulated substances; maximizing flexibility for the recovery, reclaiming, and re-use of regulated substances; ensuring consumer safety; the availability of substitutes for regulated substances, taking into account technological achievability, commercial demands, safety, and other relevant factors, including lead times for equipment conversion; and minimizing any costs to consumers. For purposes of this subtitle, the Administrator shall— on an ongoing basis, evaluate the availability of substitutes for regulated substances in a sector or subsector, taking into account technological achievability, commercial demands, safety, and other relevant factors, including lead times for equipment conversion; and maintain a public clearinghouse of such substitutes by sector and subsector, as applicable. In promulgating regulations to prohibit or restrict the use of a regulated substance in a sector or subsector under this section, the Administrator may coordinate such regulations with any other regulations pertaining to currently or potentially available substitutes for regulated substances.