[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5544 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 5544

 To create jobs and drive innovation and economic growth in the United 
 States by supporting and promoting the manufacture of next generation 
technologies, including refrigerants, solvents, fire suppressants, foam 
   blowing agents, aerosols, and propellants, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2020

   Mr. Tonko (for himself, Mr. Olson, Mr. Peters, and Ms. Stefanik) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To create jobs and drive innovation and economic growth in the United 
 States by supporting and promoting the manufacture of next generation 
technologies, including refrigerants, solvents, fire suppressants, foam 
   blowing agents, aerosols, and propellants, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Innovation and 
Manufacturing Leadership Act of 2020''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Allowance.--The term ``allowance'' means a limited 
        authorization for the production or the consumption, as 
        applicable, of a regulated substance in accordance with this 
        Act.
            (3) Consumption.--The term ``consumption'' means, with 
        respect to any regulated substance, the amount of that 
        regulated substance produced in the United States, plus the 
        amount imported, minus the amount exported.
            (4) Consumption baseline.--The term ``consumption 
        baseline'' means the baseline established for consumption of 
        regulated substances under section 5(a)(2).
            (5) Destroy.--The term ``destroy'' means destruction by 
        process or technology as defined by regulation by the 
        Administrator.
            (6) Exchange value.--The term ``exchange value'' means, for 
        each regulated substance and each substance referenced in 
        paragraph (1)(B), (1)(C), (2)(B), or (2)(C) of section 5(a), 
        the value by which the mass of such substance shall be 
        multiplied for purposes of calculations under this Act.
            (7) Export.--The term ``export'' means the transport of a 
        regulated substance from any place subject to the jurisdiction 
        of the United States to any place not subject to the 
        jurisdiction of the United States.
            (8) Import.--The term ``import'' means to land on, bring 
        into, or introduce into, or attempt to land on, bring into, or 
        introduce into, any place subject to the jurisdiction of the 
        United States, whether or not such landing, bringing, or 
        introduction constitutes an importation within the meaning of 
        the customs laws of the United States.
            (9) Person.--The term ``person'' has the meaning given to 
        such term in section 302 of the Clean Air Act (42 U.S.C. 7602).
            (10) Produce, produced, and production.--The terms 
        ``produce'', ``produced'', and ``production'' refer to the 
        manufacture in the United States of a regulated substance from 
        any raw material or feedstock chemical, but such terms do not 
        include--
                    (A) the manufacture of a regulated substance that 
                is used and entirely consumed (except for trace 
                quantities) in the manufacture of other chemicals; or
                    (B) the reuse or recycling of a regulated 
                substance.
            (11) Production baseline.--The term ``production baseline'' 
        means the baseline established for production of regulated 
        substances under section 5(a)(1).
            (12) Reclaim, reclaimed, and reclaiming.--The terms 
        ``reclaim'', ``reclaimed'', and ``reclaiming'' mean the 
        reprocessing of a recovered regulated substance to, at a 
        minimum, the purity specified by and verified in accordance 
        with the Air-Conditioning, Heating, and Refrigeration Institute 
        (AHRI) Standard 700-2016 (or an appropriate successor standard 
        adopted by the Administrator).
            (13) Recover and recovered.--The terms ``recover'' and 
        ``recovered'' mean the removal of a regulated substance in any 
        condition from equipment and the storage of such regulated 
        substance in an external container without necessarily testing 
        or processing such regulated substance in any way.
            (14) Regulated substance.--The term ``regulated substance'' 
        means a substance on the list published pursuant to section 3.
            (15) United states.--The term ``United States'' means any 
        place subject to the jurisdiction of the United States.

SEC. 3. LISTING OF REGULATED SUBSTANCES.

    (a) List of Regulated Substances.--The Administrator shall publish 
in the Federal Register a list of regulated substances, listed by 
chemical name and common name. Not later than 90 days after the date of 
enactment of this Act, the Administrator shall publish in the Federal 
Register the initial such list. The initial list under this subsection 
shall contain the following:

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                    Chemical Name                                 Common Name                  Exchange Value
----------------------------------------------------------------------------------------------------------------
CHF2 CHF2                                             HFC-134                              1100
----------------------------------------------------------------------------------------------------------------
CH2FCF3                                               HFC-134a                             1430
----------------------------------------------------------------------------------------------------------------
CH2FCHF2                                              HFC143                               353
----------------------------------------------------------------------------------------------------------------
CHF2CH2CF3                                            HFC-245fa                            1030
----------------------------------------------------------------------------------------------------------------
CF3CH2CF2CH3                                          HFC-365mfc                           794
----------------------------------------------------------------------------------------------------------------
CF3CHFCF3                                             HFC-227ea                            3220
----------------------------------------------------------------------------------------------------------------
CH2FCF2CF3                                            HFC-236cb                            1340
----------------------------------------------------------------------------------------------------------------
CHF2CHFCF3                                            HFC-236ea                            1370
----------------------------------------------------------------------------------------------------------------
CF3CH2CF3                                             HFC-236fa                            9810
----------------------------------------------------------------------------------------------------------------
CH2FCF2CHF2                                           HFC-245ca                            693
----------------------------------------------------------------------------------------------------------------
CF3CHFCHFCF2CF3                                       HFC-43-10mee                         1640
----------------------------------------------------------------------------------------------------------------
CH2F2                                                 HFC-32                               675
----------------------------------------------------------------------------------------------------------------
CHF2CF3                                               HFC-125                              3500
----------------------------------------------------------------------------------------------------------------
CH3CF3                                                HFC-143a                             4470
----------------------------------------------------------------------------------------------------------------
CH3F                                                  HFC-41                               92
----------------------------------------------------------------------------------------------------------------
CH2FCH2F                                              HFC-152                              53
----------------------------------------------------------------------------------------------------------------
CH3CHF2                                               HFC-152a                             124
----------------------------------------------------------------------------------------------------------------
CHF3                                                  HFC-23                               14800
----------------------------------------------------------------------------------------------------------------

    (b) Requirements.--The list required under subsection (a) shall 
include--
            (1) any isomer of any such regulated substance; and
            (2) the exchange value of each regulated substance, as set 
        forth in table 1 of this section or, for additional regulated 
        substances listed pursuant to subsection (c), as determined by 
        the Administrator pursuant to the requirements of that 
        subsection.
    (c) Additional Regulated Substances.--The Administrator may, by 
regulation, add a substance to the list published under subsection (a) 
if such substance--
            (1) is a saturated hydrofluorocarbon; and
            (2) has an exchange value, as determined by the 
        Administrator on the basis of widely used or commonly accepted 
        credible current scientific information relating to infrared 
        absorption and kinetic rate constants, of not less than 53.
    (d) Savings Provision.--Nothing in this section authorizes the 
Administrator to add to the list under subsection (a) as a regulated 
substance a blend of substances even if such blend includes a saturated 
hydrofluorocarbon that is or may be itself a regulated substance.

SEC. 4. MONITORING AND REPORTING REQUIREMENTS.

    (a) Reports.--
            (1) In general.--On a periodic basis to be determined by 
        the Administrator, but which shall be not less than annually, 
        each person who produced, imported, exported, reclaimed, 
        destroyed, used and entirely consumed (except for trace 
        quantities) in the manufacture of other chemicals, or used as a 
        process agent a regulated substance shall submit a report to 
        the Administrator setting forth the amount of each such 
        substance that such person during the preceding reporting 
        period--
                    (A) produced;
                    (B) imported;
                    (C) exported;
                    (D) reclaimed;
                    (E) destroyed;
                    (F) used and entirely consumed (except for trace 
                quantities) in the manufacture of other chemicals; or
                    (G) used as a process agent.
            (2) Attestation.--Each report submitted under subsection 
        (a) shall be signed and attested by a responsible officer (as 
        such term is used in section 603(b) of the Clean Air Act (42 
        U.S.C. 7671b(b)).
    (b) Cessation of Reporting Requirement.--If a person subject to 
subsection (a)(1) permanently ceases production, importation, 
exportation, reclaiming, destruction, use and entire consumption 
(except for trace quantities), or process agent use of a regulated 
substance, such person shall--
            (1) submit a report under such subsection for the reporting 
        period in which such cessation occurs;
            (2) notify the Administrator of such cessation prior to the 
        end of such reporting period; and
            (3) not be subject to such subsection with respect to such 
        regulated substance for subsequent reporting periods.
    (c) Baseline Reports.--
            (1) Initial report.--Each person reporting pursuant to 
        subsection (a)(1) shall include in the first required such 
        report, in addition to the information required by subsection 
        (a)(1) to be reported for the applicable reporting period--
                    (A) the amount of each regulated substance, in each 
                of calendar years 2011 through 2013, produced, 
                imported, exported, reclaimed, destroyed, used and 
                entirely consumed (except for trace quantities) in the 
                manufacture of other chemicals, or used as a process 
                agent;
                    (B) the amount of hydrochlorofluorocarbons that 
                such person produced, imported, and exported in 1989; 
                and
                    (C) the amount of chlorofluorocarbons that such 
                person produced, imported, and exported in 1989.
            (2) Additional substances.--In the case of a substance 
        added to the list of regulated substances pursuant to section 
        3(c), each person who produced, imported, exported, reclaimed, 
        destroyed, used and entirely consumed (except for trace 
        quantities) in the manufacture of other chemicals, or used as a 
        process agent, such regulated substance, shall submit to the 
        Administrator, not later than 180 days after the date on which 
        such substance is added to the list, a report setting forth the 
        amount of the substance that such person produced, imported, 
        exported, reclaimed, destroyed, used and entirely consumed 
        (except for trace quantities) in the manufacture of other 
        chemicals, or used as a process agent in--
                    (A) each of calendar years 2011 through 2013; and
                    (B) the calendar year in which this Act is enacted 
                and each subsequent calendar year, if required by the 
                Administrator in a regulation adding a substance to the 
                list of regulated substances.
    (d) Coordination.--To the extent consistent with subsections (a) 
through (c), the Administrator may, by regulation, allow any person 
subject to the requirements of subsection (a)(1) to combine and include 
the information required to be reported under that subsection with any 
other related information that the person is required to report to the 
Administrator.
    (e) Regulations.--The Administrator shall promulgate regulations to 
implement this section. Not later than 270 days after the date of 
enactment of this Act, the Administrator shall promulgate such final 
regulations as may be necessary pursuant to the preceding sentence.

SEC. 5. PHASEDOWN OF REGULATED SUBSTANCES.

    (a) Baselines.--
            (1) Production baseline.--The baseline for the phasedown of 
        the production of regulated substances shall be the sum of--
                    (A) the sum of the products of--
                            (i) the average annual production in the 
                        United States of each regulated substance 
                        during the 3-year period of calendar years 
                        2011, 2012, and 2013; multiplied by
                            (ii) the respective exchange value of each 
                        regulated substance;
                    (B) an amount equal to 15 percent of the sum of the 
                products of--
                            (i) the average production in the United 
                        States of each hydrochlorofluorocarbon in 1989; 
                        multiplied by
                            (ii) the respective exchange value of each 
                        such hydrochlorofluorocarbon; and
                    (C) an amount equal to 0.42 percent of the sum of 
                the products of--
                            (i) the average production in the United 
                        States of each chlorofluorocarbon in 1989; 
                        multiplied by
                            (ii) the respective exchange value of each 
                        such chlorofluorocarbon.
            (2) Consumption baseline.--The baseline for the phasedown 
        of the consumption of regulated substances shall be the sum 
        of--
                    (A) an amount equal to the sum of the products of--
                            (i) the average annual consumption in the 
                        United States of each regulated substance 
                        during the 3-year period of calendar years 
                        2011, 2012, and 2013; multiplied by
                            (ii) the respective exchange value of each 
                        such regulated substance;
                    (B) an amount equal to 15 percent of the sum of the 
                products of--
                            (i) the average consumption in the United 
                        States of each hydrochlorofluorocarbon in 1989; 
                        multiplied by
                            (ii) the respective exchange value of each 
                        such hydrochlorofluorocarbon; and
                    (C) an amount equal to 0.42 percent of the sum of 
                the products of--
                            (i) the average consumption in the United 
                        States of each chlorofluorocarbon in 1989; 
                        multiplied by
                            (ii) the respective exchange value of each 
                        such chlorofluorocarbon.
            (3) Exchange values.--For purposes of paragraphs (1) and 
        (2), the following exchange values for hydrochlorofluorocarbons 
        and chlorofluorocarbons respectively shall apply:

                                                     Table 2
----------------------------------------------------------------------------------------------------------------
                    Chemical Name                                 Common Name                  Exchange Value
----------------------------------------------------------------------------------------------------------------
CHFCl2                                                HCFC-21                              151
----------------------------------------------------------------------------------------------------------------
CHF2Cl                                                HCFC-22                              1810
----------------------------------------------------------------------------------------------------------------
C2HF3Cl2                                              HCFC-123                             77
----------------------------------------------------------------------------------------------------------------
C2HF4Cl                                               HCFC-124                             609
----------------------------------------------------------------------------------------------------------------
CH3CFCl2                                              HCFC-141b                            725
----------------------------------------------------------------------------------------------------------------
CH3CF2Cl                                              HCFC-142b                            2310
----------------------------------------------------------------------------------------------------------------
CF3CF2CHCl2                                           HCFC-225ca                           122
----------------------------------------------------------------------------------------------------------------
CF2ClCF2CHClF                                         HCFC-225cb                           595
----------------------------------------------------------------------------------------------------------------


                                                     Table 3
----------------------------------------------------------------------------------------------------------------
                    Chemical Name                                 Common Name                  Exchange Value
----------------------------------------------------------------------------------------------------------------
CFCl3                                                 CFC-11                               4750
----------------------------------------------------------------------------------------------------------------
CF2Cl2                                                CFC-12                               10900
----------------------------------------------------------------------------------------------------------------
C2F3Cl3                                               CFC-113                              6130
----------------------------------------------------------------------------------------------------------------
C2F4Cl2                                               CFC-114                              10000
----------------------------------------------------------------------------------------------------------------
C2F5Cl                                                CFC-115                              7370
----------------------------------------------------------------------------------------------------------------

    (b) Allowances.--
            (1) Framework regulations.--The Administrator shall, by 
        regulation, establish an allowance allocation and trading 
        program to phase down the production and the consumption of 
        regulated substances in accordance with this section. Not later 
        than 270 days after the date of enactment of this Act, the 
        Administrator shall promulgate such final regulations as may be 
        necessary to establish the program required by the preceding 
        sentence.
            (2) Allocations.--Not later than October 1 of each calendar 
        year following the promulgation of final regulations pursuant 
        to the second sentence of paragraph (1):
                    (A) The Administrator shall establish a quantity of 
                production allowances and a quantity of consumption 
                allowances. The quantities established pursuant to this 
                paragraph shall not exceed the applicable percentages 
                of the production baseline and of the consumption 
                baseline for the calendar year involved as specified in 
                the following table 4:

                                                     Table 4
----------------------------------------------------------------------------------------------------------------
                                                    Percentage of Production         Percentage of Consumption
                 Calendar year                              Baseline                         Baseline
----------------------------------------------------------------------------------------------------------------
 through 2023                                   90%                               90%
----------------------------------------------------------------------------------------------------------------
2024 through 2028                               60%                               60%
----------------------------------------------------------------------------------------------------------------
2029 through 2033                               30%                               30%
----------------------------------------------------------------------------------------------------------------
2034 through 2035                               20%                               20%
----------------------------------------------------------------------------------------------------------------
2036 and subsequent years                       15%                               15%
----------------------------------------------------------------------------------------------------------------

                    (B) The Administrator shall, by regulation, 
                allocate such production allowances and consumption 
                allowances up to the quantities of such allowances 
                established pursuant to this paragraph for the 
                succeeding calendar year. The Administrator may, at the 
                Administrator's discretion, so allocate allowances 
                through a single rulemaking for multiple succeeding 
                calendar years.
            (3) Prohibition.--Effective January 1 of the calendar year 
        immediately following the issuance of a final regulation 
        pursuant to the second sentence of paragraph (1), it shall be 
        unlawful for a person to do any of the following:
                    (A) Production of a regulated substance without 
                holding a production allowance that authorizes such 
                production.
                    (B) Consumption of a regulated substance without 
                holding a consumption allowance that authorizes such 
                consumption.
                    (C) Holding, using, or transferring any production 
                allowance or consumption allowance allocated under this 
                section, except in accordance with regulations 
                promulgated by the Administrator pursuant to paragraphs 
                (1) and (2).
            (4) Nature of allowances.--An allowance does not constitute 
        a property right. Nothing in this Act or in any other provision 
        of law shall be construed to limit the authority of the United 
        States to terminate or limit the authorization for the 
        production or consumption of a regulated substance, as 
        applicable, granted by the allowance.
            (5) Compliance.--For each year listed in table 4, the 
        Administrator shall ensure that the annual quantity of 
        production or consumption in the United States of all regulated 
        substances does not exceed the product obtained by multiplying 
        the production baseline or consumption baseline, as applicable, 
        and the applicable percentage listed in Table 4.
    (c) Transfers.--The regulations required by subsection (b)(1) 
shall--
            (1) utilize the exchange values for each regulated 
        substance by or pursuant to section 3;
            (2) ensure that transfers of production allowances and 
        consumption allowances will result in greater total reductions 
        in the annual production or consumption, as applicable, of 
        regulated substances than would occur in that year in the 
        absence of such transfers; and
            (3) authorize the transfer of production allowances or 
        consumption allowances among two or more persons only if the 
        transferor and transferee are subject to an enforceable and 
        quantifiable reduction in, respectively, annual production or 
        consumption.
    (d) Schedule.--
            (1) In general.--
                    (A) Regulations.--Subject to paragraph (3), the 
                Administrator may, in response to a petition submitted 
                to the Administrator in accordance with paragraph (2), 
                promulgate regulations which establish a schedule for 
                phasing down the production and the consumption of 
                regulated substances that is more stringent than set 
                forth in table 4 in subsection (b), if, based on the 
                availability of substitutes for regulated substances, 
                the Administrator determines that such 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 or from prior production or prior import.
                    (B) Uniform application.--In any regulations under 
                subparagraph (A), the Administrator shall apply any 
                more stringent phasedown schedule uniformly to the 
                allocation of production allowances and consumption 
                allowances as provided under subsection (b).
            (2) Petition.--
                    (A) Submission.--Any person may petition the 
                Administrator to promulgate regulations under this 
                subsection.
                    (B) Disposition.--The Administrator shall grant or 
                deny any petition under subparagraph (A) within 270 
                days after receipt of any such petition.
                    (C) Denial.--If the Administrator denies any such 
                petition, the Administrator shall publish in the 
                Federal Register an explanation of why the petition was 
                denied.
                    (D) Granting.--If the Administrator grants any such 
                petition, the Administrator shall promulgate 
                regulations implementing a more stringent phasedown 
                schedule within 365 days of granting the petition.
                    (E) Required showing.--Any petition under 
                subparagraph (A) shall include a showing by the 
                petitioner that there are adequate data to support the 
                petition.
                    (F) Insufficient information.--If the Administrator 
                determines that data are not adequate to grant or deny 
                the petition, the Administrator shall use any authority 
                available to the Administrator, under any applicable 
                law, to acquire such data.
            (3) Limitation.--The Administrator may not promulgate a 
        more stringent phasedown schedule under this subsection 
        applicable to any calendar year prior to calendar year 2024.
    (e) Essential Uses.--
            (1) Petition; authorization.--The Administrator may, by 
        regulation, allocate to a person additional production 
        allowances or consumption allowances to authorize the 
        production or consumption, respectively, beginning with 
        calendar year 2034, for a period of up to 5 years, of a 
        regulated substance in an amount up to 10 percent of the 
        quantity of production or consumption of such regulated 
        substance contributed by such person to the production baseline 
        or the consumption baseline, as applicable, if the 
        Administrator finds, based on a petition by such person, that--
                    (A) such excess production or consumption is 
                exclusively for an application with respect to which no 
                substitute is available during such period, considering 
                technological achievability, commercial demands, 
                safety, and other relevant factors; and
                    (B) the available supply of such regulated 
                substance, including any quantities of such regulated 
                substance available from reclaiming, prior production, 
                or prior import, and allowances for such regulated 
                substance, are insufficient to accommodate such 
                application.
            (2) Extension.--The Administrator may, by regulation, 
        allocate additional production allowances or consumption 
        allowances, for additional periods of up to 5 years, in an 
        amount up to 10 percent of the quantity of production or 
        consumption of the regulated substance contributed by the 
        person involved to the production baseline or the consumption 
        baseline, as applicable, if the Administrator finds, based on a 
        petition by such person, that the criteria described in 
        subparagraphs (A) and (B) of paragraph (1) continue to be 
        satisfied.
            (3) Exception.--The Administrator may allocate production 
        allowances or consumption allowances pursuant to this 
        subsection in amounts that cause the total quantity of 
        production allowances or consumption allowances in a year to 
        exceed the maximum quantity permissible under subsection (b) 
        for that year.
    (f) Exports.--
            (1) Exports of excess amounts.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C) and paragraph (2), the Administrator may, by 
                regulation, issue additional production allowances for 
                renewable periods of up to 5 years to a person to 
                produce a regulated substance at a facility located in 
                the United States in excess of the amount authorized by 
                the production allowances otherwise held by that person 
                solely for export to, and use in, a foreign country.
                    (B) Petition required.--Prior to issuing any 
                additional production allowances to a person pursuant 
                to subparagraph (A), the Administrator shall require 
                the person to submit a petition in such manner and 
                containing such information as the Administration may 
                by regulation require.
                    (C) Limitation.--The Administrator shall not issue 
                any production allowances pursuant to subparagraph (A) 
                in amounts that would cause the total quantity of 
                production allowances in a year to exceed the maximum 
                quantity of production allowances permissible under 
                subsection (b) for that year.
            (2) Prohibited export for certain countries.--Beginning on 
        January 1, 2033, no person subject to the requirements of this 
        Act shall export a regulated substance to a foreign country 
        that is not identified by the Administrator as having enacted 
        or otherwise established the same or similar requirements or 
        otherwise undertaken commitments regarding the production and 
        the consumption of regulated substances as are contained in 
        this Act.

SEC. 6. MANAGEMENT OF REGULATED SUBSTANCES.

    (a) Sense of Congress.--It is the sense of Congress that the 
Administrator should provide for a safe hydrofluorocarbon transition by 
ensuring that heating, ventilation, air conditioning, and refrigeration 
practitioners are positioned to comply with safe servicing, repair, 
disposal, or installation procedures.
    (b) Regulations.--
            (1) In general.--Not later than 24 months after the date of 
        enactment of this Act, the Administrator shall, for purposes of 
        maximizing reclaiming, minimizing the release of a regulated 
        substance from equipment, and ensuring the safety of 
        technicians and consumers, promulgate regulations to control, 
        where appropriate, any practice, process, or activity regarding 
        the servicing, repair, disposal, or installation of equipment 
        that involves a regulated substance or a substitute for a 
        regulated substance, including the reclaiming of a regulated 
        substance or a substitute for a regulated substance.
            (2) Minimum standards.--The regulations promulgated under 
        paragraph (1) may include, where appropriate, that any such 
        servicing, repair, disposal, or installation be performed by a 
        trained technician meeting minimum standards, as determined by 
        the Administrator.
    (c) Reclaim.--
            (1) Consideration.--The Administrator shall consider the 
        use of any authority available to the Administrator under this 
        Act to increase opportunities for the reclaiming of regulated 
        substances.
            (2) Requirement.--Any regulated substance that is recovered 
        shall be reclaimed before such regulated substance is sold or 
        transferred to a new owner, except where such recovered 
        regulated substance is sold or transferred to a new owner 
        solely for the purposes of being reclaimed or destroyed.
    (d) Coordination.--In promulgating regulations to implement this 
section, the Administrator may coordinate such regulations with any 
other regulations promulgated by the Administrator that involve--
            (1) the same or similar practice, process, or activity 
        regarding the servicing, repair, disposal, or installation of 
        equipment; or
            (2) reclaiming.
    (e) Inapplicability.--Subsections (a) through (d) do not apply with 
respect to a regulated substance or a substitute for a regulated 
substance that is contained in a foam.

SEC. 7. TECHNOLOGY TRANSITIONS.

    (a) Authority.--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.
    (b) Negotiated Rulemaking.--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.
    (c) Petition.--
            (1) 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.
            (2) The Administrator shall grant or deny a petition 
        received pursuant to paragraph (1) not later than 180 days 
        after receipt of such petition.
            (3) 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.
            (4) If the Administrator grants a petition received 
        pursuant to paragraph (1), the Administrator shall promulgate 
        regulations prohibiting or restricting the use of the regulated 
        substance in the sector or subsector under subsection (a) not 
        later than 24 months after granting such petition.
            (5) The Administrator shall publish in full any petition 
        received pursuant to this subsection not later than 30 days 
        after receipt of such petition.
    (d) Criteria.--In promulgating regulations pursuant to subsection 
(a), the Administrator shall consider--
            (1) promoting and supporting domestic economic development;
            (2) maximizing protections for human health and the 
        environment;
            (3) minimizing costs for the production, use, and 
        reclaiming of regulated substances;
            (4) maximizing flexibility for the recovery, reclaiming, 
        and re-use of regulated substances;
            (5) ensuring consumer safety;
            (6) 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
            (7) minimizing any costs to consumers.
    (e) Evaluation.--For purposes of this Act, the Administrator shall, 
on an ongoing basis, evaluate the availability of substitutes to 
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.

SEC. 8. RULEMAKING AUTHORITY.

    (a) Rulemakings.--The Administrator may promulgate such regulations 
as are necessary to carry out the functions of the Administrator under 
this Act.
    (b) Delegation.--The Administrator may delegate to any officer or 
employee of the Environmental Protection Agency such of the powers and 
duties of the Administrator under this Act as the Administrator 
determines to be appropriate.
    (c) Requirements.--In exercising any requirement or authority in 
this Act to act by regulation or to promulgate regulations, the 
Administrator shall comply with the requirements of section 307(d) of 
the Clean Air Act (42 U.S.C. 7607(d)).

SEC. 9. RELATIONSHIP TO OTHER LAWS.

    Sections 113, 114, 304, and 307 of the Clean Air Act (42 U.S.C. 
7413, 7414, 7604, 7607) shall apply to this Act and any regulations 
promulgated by the Administrator pursuant to this Act as though this 
Act were included in title VI of the Clean Air Act (42 U.S.C. 7671 et 
seq.).
                                 <all>