Sec. 7. Accelerated schedule
405 words·~2 min read·
/bill/116/s/2754/is/section-7·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to subsection (d), the Administrator may, in response to a petition submitted to the Administrator in accordance with subsection
(c)and after notice and opportunity for public comment, promulgate regulations that establish a schedule for phasing down the production or consumption of regulated substances that is more stringent than the production and consumption levels of regulated substances required under section 6(b)(3) if, based on the availability of substitutes for regulated substances, the Administrator determines that a more-stringent schedule is practicable, taking into account technological achievability, commercial demands, safety, and other relevant factors, including the quantities of regulated substances available from reclaiming, prior production, or prior import. In making a determination on whether to implement a more-stringent phase-down schedule under subsection (a), the Administrator shall— consider— the remaining phase-down period for regulated substances under section 6, if applicable; and relevant, publicly available, peer-reviewed scientific data; apply uniformly any regulations promulgated pursuant to subsection
(a)to the allocation of production and consumption allowances for regulated substances, in accordance with section 6(c); and adjust the production and consumption allowances accordingly. A person may petition the Administrator to promulgate regulations for an accelerated schedule for the phase-down of production or consumption of regulated substances under subsection (a). A petition submitted under paragraph
(1)shall— be made at such time, in such manner, and containing such information as the Administrator shall require; and include a showing by the petitioner that there are data to support the petition. The Administrator shall grant or deny the petition under paragraph
(1)by not later than 270 days after the date on which the Administrator receives the petition. If the Administrator grants a petition under paragraph (1), the final regulations with respect to the petition shall be promulgated by not later than 1 year after the date on which the Administrator grants the petition. If the Administrator denies a petition under paragraph (1), the Administrator shall publish a description of the reason for the denial. If the Administrator determines that the data included under paragraph (2)(B) in a petition are not sufficient to make a determination under this subsection, the Administrator shall use any authority available to the Administrator to acquire the necessary data. The Administrator may not promulgate under subsection
(a)a regulation for the production or consumption of regulated substances that is more stringent than the production or consumption levels required under section 6(b)(3) that takes effect before January 1, 2024.