Sec. 10. Technology transitions
535 words·~2 min read·
/bill/116/s/2754/is/section-10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to the provisions of this section, the Administrator may by rule restrict, fully, partially, or on a graduated schedule, the use of a regulated substance in the sector or subsector in which the regulated substance is used. Before proposing a rule for the use of a regulated substance for a sector or subsector under subsection (a), the Administrator shall consider negotiating with stakeholders in the sector or subsector subject to the potential rule in accordance with the negotiated rulemaking procedure provided for under subchapter III of chapter 5 of title 5, United States Code (commonly known as the Negotiated Rulemaking Act of 1990 ).
If the Administrator negotiates a rulemaking with stakeholders using the procedure described in paragraph (1), the Administrator shall, to the extent practicable, give priority to completing that rulemaking over completing rulemakings that were not negotiated using that procedure. If the Administrator does not negotiate a rulemaking with stakeholders using the procedure described in paragraph (1), the Administrator shall, before commencement of the rulemaking process for a rule under subsection (a), publish an explanation of the decision of the Administrator to not use that procedure.
Not later than 18 months after the date of enactment of this Act, the Administrator shall publish in the Federal Register a proposal of 1 or more dates after which the use of a regulated substance in a sector or subsector shall be restricted. Not later than 18 months after the date on which the Administrator publishes a proposed rule under paragraph
(1)in the Federal Register, the Administrator shall issue a final rule for that proposed rule. A person may petition the Administrator to issue a rule under subsection
(a)for the restriction on use of a regulated substance in a sector or subsector, which may include a request that the Administrator negotiate with stakeholders in accordance with subsection (b)(1). The Administrator shall grant or deny a petition under paragraph
(1)not later than 180 days after the date of receipt of the petition. If the Administrator denies a petition under paragraph (2), the Administrator shall publish in the Federal Register an explanation of the denial. If the Administrator grants a petition under paragraph (2), the Administrator shall issue a final rule not later than 2 years after the date on which the Administrator grants the petition. Not later than 30 days after the date on which the Administrator receives a petition under paragraph (1), the Administrator shall publish in the Federal Register that petition in full. In issuing a rule under subsection (a), the Administrator shall consider the need— to promote and support domestic economic development; to maximize protections for human health and the environment; to minimize costs for the production, use, and reclaiming of regulated substances; to maximize flexibility for the recovery, reclaiming, and reuse of regulated substances; to ensure consumer safety; for the availability of substitutes, taking into account technological achievability, commercial demands, safety, and other relevant factors, including lead times for equipment conversion; and to minimize any additional costs to consumers. In carrying out this section, the Administrator shall evaluate substitutes for regulated substances in a sector or subsector, taking into account technological achievability, commercial demands, safety, and other relevant factors.