[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.).
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