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Back-up S. 870, 871, 872: S. 872
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Back-up S. 870, 871, 872: S. 872
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Kathleen McGinty's Files
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FOIA Number: 2012-0769-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Council on Environmental Quality
Series/Staff Member:
Kathleen (Katie) McGinty
Subseries:
OA/ID Number:
2890
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Folder Title:
Back-up S. 870, 871, 872: S. 872
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S
61
5
10
3
Clinton Presidential Records
Digital Records Marker
This is not a presidential record. This is used as an administrative
marker by the William J. Clinton Presidential Library Staff.
This marker identifies the place of a publication.
Publications have not been scanned in their entirety for the purpose
of digitization. To see the full publication please search online or
visit the Clinton Presidential Library's Research Room.
II
101sT CONGRESS
1ST SESSION
S.872
To phaseout production of certain ozone-depleting chemicals; to institute a policy
promoting safe alternatives to ozone-depleting chemicals, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MAY 1 (legislative day; JANUARY 3), 1989
Mr. GORE introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
A
BILL
To phaseout production of certain ozone-depleting chemicals; to
institute a policy promoting safe alternatives to ozone-
depleting chemicals, and for other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4
This Act may be cited as the "Upper-Ozone Chemicals
5 Act of 1989".
6 SEC. 2. FINDINGS.
7
The Congress finds that because no level of strato-
8 spheric ozone depletion or global climate change caused by
9 human activities can be deemed safe-
Clinton Presidential Records
Digital Records Marker
This is not a presidential record. This is used as an administrative
marker by the William J. Clinton Presidential Library Staff.
This marker identifies the place of a publication.
Publications have not been scanned in their entirety for the purpose
of digitization. To see the full publication please search online or
visit the Clinton Presidential Library's Research Room.
II
101st CONGRESS
1ST SESSION
S.872
To phaseout production of certain ozone-depleting chemicals; to institute a policy
promoting safe alternatives to ozone-depleting chemicals, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MAY 1 (legislative day, JANUARY 3), 1989
Mr. GORE introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
A
BILL
To phaseout production of certain ozone-depleting chemicals; to
institute a policy promoting safe alternatives to ozone-
depleting chemicals, and for other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4
This Act may be cited as the "Upper-Ozone Chemicals
5 Act of 1989".
6 SEC: 2. FINDINGS.
7
The Congress finds that because no level of strato-
8 spheric ozone depletion or global climate change caused by
9 human activities can be deemed safe-
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101st CONGRESS
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1st SESSION
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S.
03 written
To respond to the danger to human health and the world
environment that will result from destruction of the Earth's
stratospheric ozone layer by manmade chemicals, to minimize
emissions of these chemicals in the near-term while safe
alternatives are being developed, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 8, 1989
Mr. Gore (for himself,
)
introduced the following bill; which was read twice and
referred to the Committee on
A BILL
To respond to the danger to human health and the world
environment that will result from destruction of the Earth's
stratospheric ozone layer by manmade chemicals, to minimize
emissions of these chemicals in the near-term while safe
alternatives are being developed, and for other purposes.
Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
(a) Short Title. -- This Act may be cited as the
"Stratospheric Ozone Protection Act of 1989.' "
SEC. 2. FINDINGS.
The Congress finds that --
(1) We, the present generation, have a commitment
to coming generations to leave them with a sound environment
in which they might flourish just as we have.
(2) The stratospheric ozone layer, positioned about
25 km above the Earth's surface, protects humans and other
life on Earth from direct exposure to harmful ultraviolet
radiation.
(3) Without the protection provided by the
stratospheric ozone layer, lethal levels of ultraviolet
radiation would reach the Earth's surface, extinguishing
life on our planet just as surely as if the atmosphere was
itself were removed.
(4) It has been known for over fifteen years that
manmade chemicals are reaching the stratosphere, and
destroying the ozone layer. As of 1986, the United States
was responsible for over one-quarter of global production of
the ozone-destroying chemicals known as chlorofluorocarbons.
(5) Most of the ozone-destroying chemicals are also
responsible for as much as one-fifth of the so-called
"greenhouse effect, " caused by the buildup of manmade
pollutants in Earth's atmosphere, which could warm the Earth
and cause severe economic and social dislocation due to
changing climate patterns.
(6) Although global and regional agreements to
reduce emissions of ozone-destroying chemicals have been
negotiated, sustained emissions reductions have not been
forthcoming. As a result, atmospheric concentrations of
ozone-destroying chemicals have risen steadily since the
beginning of this decade. (Check - CFCs only?
see
UNEP/GEMS, p.16; WRI 88/89, p. 336)
(7) The Spring 1988 findings of the Ozone Trends
Panel of the United States National Aeronautics and Space
Administration concluded that stratospheric ozone
destruction is occurring over the Northern Hemisphere,
affecting major population areas in North America and
Europe. In addition, the most recent scientific findings
have demonstrated that conditions "for substantial ozone
destruction by manmade chemicals exist over the Arctic,
following mechanisms similar to those already known to
destroy ozone over Antarctica.
(8) These ozone-destroying chemicals are so long-
lived in the atmosphere, that they may continue to destroy
ozone for another century after they are completely
eliminated from human uses. Every year that we delay in
eliminating emissions of these chemicals implies an
additional five to ten years that they will remain in the
atmosphere, destroying stratospheric ozone.
(9) Although a complete production phaseout of
ozone-destroying chemicals is the longer-term solution to
halting the destruction of stratospheric ozone, there are
near-term steps that can be taken to minimize these
emissions. These steps involve no-cost, to low-cost
measures that will not discernably interfere with the normal
applications of these chemicals, but should subst jantially
reduce unnecessary release of the chemicals to the
environment.
(10) The United States can assert the kind of
leadership it assumed in halting the use of
chlorofluorocarbons in aerosol cans by instituting market
and regulatory strategies that --
(A) encourage rapid replacement of ozone-
destroying chemicals with safe substitutes, and
(B) immediately reduce releases to the
environment.
(11) These twin goals can be met by --
(A) a user deposit fee on chlorofluorocarbons
that would make safe substitutes competitive and encourage
recapture and recycling;
(B) a deposit-return system whereby
chlorofluorocarbons in discarded appliances would be
recovered and reused or destroyed; and
(C) regulations that would reduce leakage rates
from devices such as auto air conditioners and require
capture of CFCs and other ozone-destroying chemicals in foam
blowing and other industrial activities.
SEC. 3. OBJECTIVES AND NATIONAL GOAL.
(a) The objectives of the Act are to restore and
maintain the chemical and physical integrity of the Earth's
stratospheric ozone layer and to protect human health and
the global environment from all known and potential dangers
due to destruction of the stratospheric ozone layer, that is
or may be related to the chlorofluorocarbons, halons, or
other substances covered by this Act by --
(1) reducing significantly the unnecessary release
of ozone-destroying chemicals into the atmosphere, and
(2) promoting the rapid development and deployment
of alternatives to the use of the chlorofluorocarbons and
other substances covered by this Act.
(b) In order to achieve the objectives of this Act, it
is the national goal to immediately eliminate unnecessary
anthropognenic emissions of manmade chemicals with the
potential for destroying stratospheric ozone, including
chlorofluorocarbons and other halogenated carbons with
ozone-destruction potential.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) The term "Secretary" means the Secretary of
Commerce.
(2) The term "Administrator" means the Administrator
of the Environmental Protection Agency.
(3) The term "household appliances" means non-
commercial personal effects, including air-conditioners,
refrigerators, and motor vehicles.
(4) The term "commercial appliances" means commercial
equipment, including air conditioners, chillers,
refrigerators, and freezers.
(5) 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, 1819 whether or not such landing, bringing, or
introduction constitutes an importation within the meaning
of the customs laws of the United States.
(6) The term "manufactured chemical" means any organic
or inorganic chemical of a particular molecular identity, or
any mixture, that has been manufactured for commercial
purposes.
(7) The term "medical purposes" means medical devices
and diagnostic products (A) for which no safe substitute has
been developed and (B) which, after notice and opportunity
for public comment, have been approved and determined to be
essential by the Commissioner of the Food and Drug
Administration, in consultation with the Secretary.
(8) The term "person" means an individual, corporation
(including a government corporation), partnership, firm,
joint stock company, trust, association, or any other
private entity, or any officer, employee, agent, department,
or instrumentality of the Federal Government, of any State
or political subdivision thereof (including any interstate
body), or of any foreign government (including any
international instrumentality).
(9) The term "chemicals covered by this Act" means
those manufactured chemicals which are known or may
reasonably be anticipated to cause or contribute to
stratospheric ozone depletion, and are listed under
subsections (a) or (b) of section 5 of this Act.
(10) The term "chlorofluorocarbon recycling equipment"
means equipment that meets the Underwriters Laboratories
standards for the extraction and purification of
chlorofluorocarbon coolants from air conditioning and
refrigeration equipment [CORRECT ?]
(11) The term "mobile air conditioner" means an air
conditioner designed for installation in a motor vehicle.
SEC. 5. LISTING OF CHEMICALS COVERED BY THIS ACT.
(a) Principal Chemicals to be Affected. -- Within
thirty days after enactment of this act, the Secretary shall
publish a priority list of manufactured chemicals which are
known or may reasonably be anticipated to cause or
contribute to stratospheric ozone destruction. The initial
list shall include chlorofluorocarbon-11,
chlorofluorocarbon-12, chlorofluorocarbon-113, halon-1211,
halon-1301, and carbon tetrachloride. At any time the
Secretary may reclassify a chemical from subsection (a) to
2
subsection (b), or from subsection (b) to subsection (a), if
concerns over protection of the stratospheric ozone layer
dictate such action.
(b) Other Chemicals to be Affected. -- Simultaneously
with publication of the priority list, the Secretary shall
create a list of other manufactured chemicals which, in the
judgement of the Secretary, meet the criteria set forth in
the first sentence of subsection (a). The list of other
chemicals shall be subject to the limitations on ozone
depletion potential under section X of this Act, and shall
include chloroflurocarbon-22, chloroflurocarbon-114,
chloroflurocarbon-115, methyl chloroform, and methylene
chloride. At least annually thereafter, the Secretary shall
publish a proposal to add to such list each other
manufactured chemical which, in the judgement of the
Secretary, meets the criteria set forth in the first
sentence of subsection (a). At any time the Secretary may
reclassify a chemical from subsection (b) to subsection (a),
2 or from subsection (a) to subsection (b), if concerns over
protection of the stratospheric ozone layer dictate such
action.
(c) Ozone Depletion Factor. -- Simultaneously with
publication of the lists or additions thereto under this
section, and at least annually thereafter, the Secretary
shall assign to each listed chemical a numerical value
representing the ozone depletion potential of each chemical,
on a mass (per kilogram) basis, as compared with
chlorofluorocarbon-11. The numerical value shall, for the
purposes of section X, constitute the ozone depletion factor
of each chemical. Until the Secretary promulgates
regulations under this subsection, the following ozone
depletion factors shall apply:
ozone
substance
depleting
factor
Chlorofluorocarbon-11
1.00
Chlorofluorocarbon-12
1.00
Chlorofluorocarbon-22
0.05
Chlorofluorocarbon-113
0.78
Carbon tetrachloride
1.06
Methyl chioroform
0.10
Halon-1211
2.69
Halon-1301
11.4
[Item (c) is more pertinent to a production phaseout, and
may be eliminated if not needed here.]
SEC. 6. REPORTING REQUIREMENTS.
(a) Priority Chemicals List. -- Beginning March 31,
1990, and annually thereafter, each person producing,
importing, or purchasing a chemical listed under subsection
(a) of section 5 shall file a report with the Secretary
setting forth the amount of the chemical that was produced,
imported, or purchased by such person during the preceding
calendar year. Not less than annually thereafter, each
producer or importer shall file a report with the Secretary
setting forth the production and importation levels of such
chemical in each successive twelve-month period until such
producer or importer ceases production or importation of the
chemical. Each such report shall be signed and attested by
a responsible corporate officer.
(b) Nonpriority Chemicals List. -- Beginning March 31,
1990, and annually thereafter, each person producing,
importing, or purchasing a chemical listed under subsection
(b) of section 5 shall file a report with the Secretary
setting forth the amount of the chemical that was produced,
imported, or purchased by such person during the preceding
calendar year. Not less than annually thereafter, each
producer or importer shall file a report with the Secretary
setting forth the production or importation levels of such
chemical in each successive twelve-month period until such
producer or importer ceases production or importation of the
chemical. Each such report shall be signed and attested by
a responsible corporate officer.
SECTION 7. LIMITATIONS ON THE RELEASE OF LISTED CHEMICALS.
(a) After July 1, 1991, no person shall manufacture,
process, distribute in commerce, or otherwise use (except
for medical purposes) any listed chemical in any manner
other than a totally enclosed manner. "Totally enclosed"
means that during the lifetime of the good in question not
more than 5 per centum of the original charge or volume of
such chemical will be released during the course of ordinary
and customary use of such good, including repairs or
disposal.
(b) After July 1, 1991, no person shall manufacture,
process, distribute in commerce, or otherwise use (except
for medical purposes) a listed chemical in a totally
enclosed manner without --
[CHECK WORDING ABOVE]
(1) Installing on such device a servicing aperture
which will allow service and repair of such good with
release of only de minimus amounts of such chemical,
(2) Assuring the availability and actual use of
servicing equipment adequate to assure the achievement of no
more than a de minimus release of such chemical.
(3) For purposes of this section a "de minimus"
amount is 0.050 per centum of the total charge of such
chemical, or five pounds, whichever is less, released during
a period of twelve months.
SEC. 8. ESTABLISHMENT OF A CHLOROFLUOROCARBON DEPOSIT FEE.
(a) After January 1, 1990, any person offering, for
sale chlorofluorocarbon coolant shall include in the cost of
such chemical a deposit fee prorated on the basis of five
dollars per pound of such chemical sold, said fee to be
returned to purchaser upon return of an equivalent amount of
recyclable chlorofluorocarbon coolant to seller.
[This one is a KEY section, and it needs a lot of work.
Please be liberal with suggestions.]
SECTION 9. MOBILE AIR CONDITIONERS.
(a) After January 1, 1991, no person shall perform
service on automobile air conditioners. unless such person
has purchased and uses equipment, which has been approved by
Underwriters Laboratories or a similar institution, for
recovery and recycling of chlorofluorocarbon coolant. The
states shall establish phased schedules for the acquisition
of such equipment by such establishments. The schedule
shall provide for early acquisition by high-volume
establishments and subsequent acquisition by lower-volume
establishments, providing that all such establishments have
recovery and recycling equipment in place by January 1,
1991.
(b) After January 1, 1991, no person shall sell or
offer for sale chlorofluorocarbon coolant suitable for use
in mobile air conditioners in containers smaller than
fifteen pounds. The states shall issue regulations
providing for a phaseout of chlorofluorocarbons in such
containers in the period between enactment of this Act and
January 1, 1991.
(c) Within ninety days of the enactment of this Act
no person shall sell or offer for sale any
chlorofluorocarbon coolant suitable UPSS for use in mobile air
conditioners infcontainers smaller than,fifteen pounds,
unless it bears a warning label indicating the product's
danger to stratospheric ozone.
Require to fox
lezk before
SEC. 10. HALON FIRE EXTINGUISHERS.
recharging.
(a) After January 1, 1990, no person shall sell or
offer for sale fire exitnguishers for consumer applications
which contain halons or other ozone-destroying chemicals.
(b) Effective upon passage of this Act, no person
shall produce fire extinguishers for consumer applications
which contain halons or other ozone-destroying chemicals in
a quantity that exceeds the quantity produced
(?).
?? USPIRG -- How does your "essential use" strategy fit in
here ??
Non
SEC. 11. UNESSENTIAL OZONE-DESTROYING PRODUCTS.
Effective immediately
(a) After August 31, 1989, no person shall sell or
offer for sale chlorofluorocarbon-propelled plastic party
streamers, noise horns, or cleaning sprays for electronic
and photographic equipment.
PLEASE FEEL FREE TO ADD OTHER SECTIONS THAT COVER AREAS NOT
ADDRESSED SO FAR.
SEC. 12. EXCEPTION FOR NATIONAL SECURITY.
(a) The President may issue such orders regarding
production and use of halon-1211 and halon-1301 at any
specified site or facility as may be necessary to protect
the national security interests of the United States if the
President personally finds that adequate substitutes are not
available and that the production and use of such substance
is necessary to protect such national security interests.
Such orders may include, where necessary to protect such
interests, an exemption from any requirement contained in
this Act. The President shall notify the Congress within
thirty days of the issuance of an order under this paragraph
providing for any such exemption. Such notification shall
include a statement of the reasons for the granting of the
exemption. An exemption under this paragraph shall be for a
specified period which may not exceed one year. Additional
exemptions may be granted, each upon the President's
issuance of a new order under this paragraph. Each such
additional exemption shall be for a specified period which
that
shall not exceed one year. No exemption shall be granted
under this paragraph due to lack of appropriation unless the
President shall have specifically requested such
appropriation as a part of the budgetary process and the
Congress shall have failed to make available such requested
appropriation.
(b) The Secretary of Defense shall seek to eliminate
all unnecessary emissions of halon-1211 and halon-1301 that
presently occur during testing of fire-extinguishing
equipment at Department of Defense facilities. Pursuant to
give Se.
this, the Secretary of Defense shall investigate the
a target
feasibility of testing such equipment with alternative
date.
methods that do not result in the unnecessary release of
halon-1211 and halon-1301 to the environment.
SEC. 13. DISPOSAL OF OZONE-DESTROYING CHEMICALS.
(a) In the event that a user of a chemical listed in
subsections (a) and (b) of section 5 chooses disposal rather
than recycling of such chemical, then effective January 1,
1990 --
(1) A chemical listed pursuant to this Act shall be
deemed to meet the requirements of section 3001 of the
Resource Conservation and Recovery Act.
(2) A chemical listed pursuant to this Act shall be
disposed of only through incineration or other means which 9 that
assures 99 per centum destruction of such chemical.
(3) Any appliance, machine or other good containing a
listed chemical (s) in bulk (including but not limited to
refrigerators and air conditioners) shall be accepted for
disposal only by persons licensed to accept such goods, and
the listed chemical (s) shall be removed from confinement/
and recycled or destroyed pursuant to the requirements of
this Act. Unless and until regulations establishing a
program for approving, licensing, and assuring the financial
responsibility of persons to accept goods containing such
chemicals, only governmental entities, or their agents,
contractors, or employees, are authorized to do SO.
(4) During the disposal of listed chemicals, no listed
chemicals shall be vented into the atmosphere or otherwise
released in a, fashion which permits it to enter the
environment in other than de minimus quantities.
(5) Any product in which a listed substance has been
incorporated so as to constitute an inherent element of such
practicality
product, including but not limited to rigid and soft foams,
shall be disposed of only through incineration or other
-weak on
means which result in not less than 99 per centum
destruction.
this issued
[THE LANGUAGE FOR SECS. 14-19 ALREADY EXISTS MORE OR LESS,
AND WILL BE ADDED IN THE NEXT DRAFT. ]
SEC. 14. FEDERAL ENFORCEMENT.
(a) Compliance Orders
(1)
Whenever on the basis of any
information the Secretary determines that any person has
violated or is in violation of any requirement of this Act,
the Secretary may issue an order assessing a civil penalty
for any past or current violation, requiring compliance
immediately or within a specified time period, or both, or
the Secretary may commence a civil action in the United
States district court in the district in which the violation
occurred for appropriate relief, including a temporary or
permanent injunction.
(2) Any order issued pursuant to this subjection may
include a suspension or revocation of any permit issued by
the Secretary under this Act and shall state with reasonable
spec eficity the nature of the violation. Any penalty
assessed in the order shall not exceed $25,000 per day of
noncompliance for each violation of a requirement of this
Act. In assessing such a penalty the Secretary shall take
into account the seriousness of the violation and any good
faith efforts to comply with applicable requirements.
(b) Public Hearing. Any order isssued under this
section shall become final unless, no later than thirty days
after the order is served, the person or persons named
therein request a public hearing. Upon such request the
Secretary shall promptly conduct a public hearing. In
connection with any proceeding under this section the
Secretary may issue subpenas for the attendance and
testimony of witnesses and the producton of relevant papers,
books, and documents, and may promulgate rules for discovery
procedures.
(c) Violation of Compliance Orders
If a violator
fails to take corrective action within the time specified in
a compliance order, the Secretary may assess a civil penalty
of not more than $25,000 for each day of continued
noncompliance with the order and the Secretary may suspend
or revoke any permit issued to the violator.
(d) Criminal Penalties
Any person who
(1) knowingly exceeds the production limits
under section 7 (production phase-out for initial list)
or section 9 (limitation on Ozone depletion potential)
(2) knowingly introduces into interstate
commerce a substane that was produced in violation of
section 7 or section 9;
(3) knowingly imports a substance listed
under subsection (a) of section 5, a product
containing such substance, or a product manufactured
with a process that uses such a substance, in vioaltion
of section 11 (certifictiton of equivalent programs)
(4) knowingly introduces into interstate
commerce a substance or product in violation of section
8 (limitation of use) or section 12 (labeling);
(5) knowingly omits material information or
makes any false material statement or representaion in
any application, record, report, permit, or other
document filed, maintained, or used for purposes of
compliance with this Act; or
(6) knowingly produces, transports,
distributes, or uses any substance listed under section
5, a product containing such a substance, or a product
manufactured with a process that uses such a substance,
and who knowingly destroys, alters, conceals, or fails
to file any record, application, report, or other
document required to be maintained or filed for
purposes of compliance with this Act
shall, upon conviction, be subject to a fine in accordance
with title 18 of the United States Code for each day of a
violation, or imprisonment not to exceed two years, or both.
If conviction is for a violation committed after a first
punishment under the respective paragraph shall be doubled
with respect to both fine and imprisonment.
(e) Civil Penalty
Any person who violates any
requirement of this Act shall be liable to the United States
for a civil penalty in an amount not to exceed $25,000 for
each such violation.
(f) Violations.
Each day of violation of any
requirement of this Act shall, for purposes of this section,
constitute a seperate violation. In addition, for purposes
of section 7 (production phase-out for initial list),
section 8 (limitation on use), section 9 (limitation on
ozone depletion potential), and paragraphs (1), (2), (3),
and (4) of subsection (d) of this section, the production,
introduction into commerce, or importation of each one
hundred pounds of a substance listed under subsection (a) of
section 5 that is in excess of the production limits under
section 7 or section 9 shall constitute a seperate
violation.
SEC. 15. JUDICIAL REVIEW OF FINAL REGULATIONS AND CERTAIN
PETITIONS.
Any judicial review of any final action of the
administrator pursuant to this Act shall be in accordance
with sections 701 through 706 of title 5 of the United
States Code, except that
(1) a petetion for review of any final action
of the Administrator may be any interested person in
the Circuit Court of Appeals of the United States for
the Federal judicial district in which such person
resides or transacts business, and such petition shall
be filed within ninety days from the date of such
promulgation or denial or after such date if such
petition is for review based solely on grounds arising
after such ninetieth day; action of the Administrator
with respect to which review could have been obtained
under this subsection shall not be subject to judicial
review in civil or criminal proceedings for
enforcement; and
(2) if a party seeking review under this Act
applies to the court for leave to adduce additional
evidence, and shows to the satisfaction of the court
that the information is material and that there were
reasonable grounds for the failure to adduce such
evidence in the proceeding before the Administrator,
the court may order such additional evidence (and
evidence in rebuttal therof) to be taken before the
Administrator, and to be adduced upon the hearing in
such manner and upon such terms and conditions as the
court may deem proper; the Administrator may modify
administrative findings as to the facts, or make new
findings by reason of the evidence so taken, and shall
file with the court such modified or new findings and
the Administrative order, with the return of such
additional evidence.
SEC. 16. CITIZEN SUITS.
(a) In General
Except as provided in subsection (b)
or (c) of this section, any person may commence a civil
action on his own behalf
(1) against any person (including (a) the
United States, and (b) any other governmental
instrumentality or agency, to the extent permitted by
the eleventh amendment to the Constitution) who is
alleged to be in violation of any permit, regulation,
condition, requirement prohibition, or order which has
become effective pursuant to this Act; or
(2) against the Administrator where there is
alleged a failure of the Administrator to perform any
act or duty under this Act which is not discretionary
with the Administrator.
Any action under paragraph (a) (1) of this subsection shall
be brought in the district court for the district in which
the alleged violation occured. Any action brought under
paragraph (a) (2) of this subsection may be brought in the
district court for the district in which the alleged
violation occured or the District Court of the District of
Columbia. The district court shall have juristiction,
without regard to the amount in controversy or the
citizenship of the parties, to enforce the permit,
regulation, condition, requirement, prohibition, or order,
referred to in paragraph (1), to order such person to take
such other action as may be necessary, or both, or to order
the Administrator to perform the act or duty referred to in
paragraph (2), as the case may be, and to apply any
appropriate civil penalties under section 13.
(b) Actions Prohibited. No action may be commenced
under subsection (a) (1) of this section
(1) prior to sixty days after the plaintiff
has given notice of the violation to
(A) the Administrator; and
(B) to any alleged violator of such
permit, regulation, condition, requirement,
prohibition, or order; or
(2) if the Administrator has commenced and is
diligently prosecuting a civil or criminal action in a
court of the United States to require a compliance with
such permit, regulation, condition, requirement,
prohibition, or order.
In any action under subsection (a) (1), any person may
intervene as a matter of right. Any action respecting a
violation under this Act may be brought under this section
only in the jucicial district in which such alleged
violation occurs.
(c) Notice
No action may be commenced under
paragraph (a) (2) of this section prior to sixty days after
the plaintiff has given notice to the Administrator that he
will commence such action. Notice under this subsection
shall be given in such manner as the Administrator shall be
given in such manner as the Administrator shall perscribe by
regulation.
(d) Intervention In any action under this section
the Administrator, if not a party, may intervene as a matter
of right.
(e)
Costs
The court, in issuing any final order in
any action brought pursuit to this section or section 14,
may award costs of litigation (including reasonable attorney
and expert witness fees) to the prevailing or substantially
prevailing party, whenever the court determines such an
award is appropriate. The court may, if a temporary
restraining order or preliminary injunction is sought,
require the filing of a bond or equivalent securtiy in
accordance with Federal Rules of Civil Procedure.
(f) Other Rights Preserved Nothing in this section
shall restrict any right which any person (or class of
persons) may have under any statute or common law to seek
enforcement of any standard or requirement or to seek any
other relief (including relief against the Administrator).
SEC. 17. SEPARABILITY.
P
If any provision of this Act shall, or the aplication
of any provision of this Act to any person or circumstance;
is held invalid, the application of such provision to other
persons or circumstances, and the remainder of this Act,
shall not be affected thereb X
SEC. 18. RELATIONSHIP TO OTHER LAWS.
(a) Nothing in this Act shall be construed to alter or
affect the athority of the Administrtor under the Clean Air
Act or the Toxic Substances Control Act, or to affect the
authority of any other department, agency, or
instrumentality of the United States under any provision of
law, to promulgate or enforce any requirement respecting
control of any substance, practice, process, or activity for
purposes of protecting the statosphere or ozone in the
statosphere.
(b) Nothing in this Act shall preclude or deny any
State or political subdivision thereof from adopting or
enforcing any requirement respecting the control of any
substances, practice, process, or activity for the purposes
of protecting the stratoshpere or ozone in the statosphere.
SEC. 19. AUTHORITY OF ADMINISTRATION.
The Administrator is authorized to presribe such
regulations as are necessary to carry out this Act.
8877360
Larne Becole
SENATOR ALBERT GORE
Montcalm Hotel
Great Cumberland Place
London
FAX: 44-1-724-9180
Dear Senator:
The staff has developed some talking points for you to include in
future discussions of the issues under consideration at the
conference. Those points are:
I. PRESENT RESPONSE
In response to the scientific findings in Antarctica (British
Antarctic survey team), the Arctic (the international team), and the
Northern Hemisphere (last Spring's NASA Ozone Trends Panel findings
that depletion is occurring over the Northern Hemisphere), an
accelerated (relative to the Montreal Protocol) ban on the production
of chemicals that destroy stratospheric ozone, principally the CFCs,
has been proposed by the EC, the U.S., and other countries (e.g.,
Sweden's new law, the world's most aggressive, will cut CFC emissions
in half by 1991, and eliminate them by 1995 -- but Sweden consumes
only 0.5% of world's CFCs; Canada has announced a ban to take effect
over the next ten years).
II. THE NEED FOR ADDED RESPONSE -- PRUDENT STEPS THAT SHOULD APPEAL
TO COMMON SENSE
These production bans -- and I have called for a production ban
within five years -- are only one part of the equation. The second
part of the equation, one which has been largely overlooked, involves
the immediate steps that we can take to halt the needless discharge of
these chemicals to the environment. This second part of the equation,
which I will outline in a moment, is -- I emphasize -- probably the
easiest to justify in terms of simple common sense.
O Why a need for additional response? Well, for example, in the
U.S. alone, one study shows that some 24,000 new cases of the two most
common types of skin cancer will occur (in Caucasians) from each 1%
drop in stratospheric ozone. It is logical to presume that similar
increases in skin cancer victims will be felt in Europe, Australia,
and elsewhere, as well. If the cause of such an increase in cancer
victims was a pesticide, or some other toxic waste, there's no doubt
that the public would demand that its use be banned immediately. With
stratospheric ozone depletion, because the environmental damage is
invisible to everyone other than the scientists who are directly
involved, there is more of a tendency to avoid addressing the problem
as aggressively as I believe that we should.
Note that this argument does not even include the other damage
that increased UV radiation from a depleted ozone layer will do to the
environment -- supression of the human immune system, damage to plant
life (of the 200 or SO plant species that have been tested SO far,
over two-thirds showed sensitivity to increased UV radiation;
especially sensitive were beans, peas, squash, melon, and cabbage
species), and damage to aquatic organisms.
O Therefore, I believe that we need to immediately institute
safeguards in the use and handling of ozone-destroying chemicals, just
as we would for other cancer-causing chemicals, in order to minimize
their unnecessary release to the environment. This is the other part
of the equation.
III. GORE'S ADDED RESPONSE -- THE OTHER PART OF THE EQUATION
(1) First, we need to institute effective CFC recycling programs.
The best way to accomplish this would be through a sort of "CFC
deposit fee." Recycling technology exists; we should maximize its
use.
o The logic for this is simple: Between now and the time that a
production ban is instituted, some amount of CFCs will be produced.
For the sake of argument, lets imagine that 1 million pounds of CFCs
will be produced during that period. Now, every single pound has only
two possible final destinations: either it will be purposely destroyed
through incineration (very little will meet this end), or it will
eventually be released into the environment. We can extend the useful
life of every pound of CFC -- before it meets one of those two final
destinations -- by recycling. Therefore, fewer total pounds of new
CFCs would have to be produced to meet a given level of demand.
0 In addition, recycling programs would extend the availability of
CFCs well beyond the production phaseout period -- remember, we have
not produced any additional CFCs, just extended their useful life.
This would allow owners of equipment using CFCs to attain a longer
service life from that equipment before switching to alternative
chemicals, or alternative technologies, without adding any net damage
to the environment.
(2) In conjunction with this deposit/recycling program, we need to
ban sales of "do-it-yourself" cans of freon, SO that only those who
buy CFCs in bulk (i.e., those who professionally service CFC-
containing equipment, and would also have the tools to safely handle
the CFCs) continue to purchase CFCs. The deposit fee would therefore
be primarily a transaction between the CFC manufacturers and the
equipment servicing industry, making the recycling program extraneous
to the average consumer.
One example of the impact on the average consumer is as follows:
If the consumer's auto air conditioner is leaking (25% of U.S. CFC
emissions are from leaky auto air conditioners), then the consumer
could not go to K-Mart and buy a can of freon (CFC) to recharge it --
CFCs that would soon leak to the environment. Instead, he/she would
have to go to a service station (a bulk CFC buyer) to get it reparied
and recharged. The service station would take care of recycling the
CFCs.
3) Other items that would fall under this "second part of the
equation" include:
o Require that annual vehicle inspections include inspection of the
auto air conditioner.
o Require aircraft-quality hoses and fittings on all new-vehicle
auto air conditioners.
o Ban the sale of fire extinguishers (for consumer applications)
that contain halons or other ozone-destroying chemicals.
I INTEND TO INTRODUCE LEGISLATION UPON MY RETURN FROM THIS CONFERENCE
THAT CALLS FOR THE MEASURES THAT I'VE JUST OUTLINED, ADDRESSING THIS
"OTHER PART OF THE EQUATION." THIS ONE-TWO PUNCH -- IMMEDIATE "SAFE
HANDLING" OF OZONE-DESTROYING CHEMICALS COUPLED WITH A PRODUCTION
PHASEOUT -- IS THE EFFECTIVE RESPONSE TO MINIMIZE THE DAMAGE TO
EARTH'S OZONE LAYER.
IV. ADDITIONAL INTERNATIONAL RESPONSE
In addition, I want to encourage my fellow delegates to encourage
their own countries to support an immediate worldwide ban on the use
of CFCs in spray cans -- fully one-quarter of CFCs that are released
to the environment today come from this application, which was banned
in the U.S. a decade ago. This use is clearly one for which
altenatives exist.
Good luck during the next two days of the conference.
Best regards,
Rick Adcock
Staff, Senator Albert Gofe
Washington, DC
(202) 224-6458
MEMORANDUM
DATE: March 3, 1989
TO: Al
FROM: Rick
SUBJECT: Further Points from Intelligence-Gathering Today
1) EPA insiders feel that Bush will accept a Year 2000
phaseout. However, it may differ from the EC in terms of
the phaseout schedule. This is because of item (2).
2) The EC nations could cut their CFC use by 50% simply by
phasing out aerosol cans that STILL use CFCs. Recall that
we phased out aerosol spray can applications of CFCs a
decade ago, but the EC never did. EPA rumors are that the
aerosol spray can cut by the EC may come within 2 years.
The U.S., on the other hand, could never cut its use of CFCs
by 50% in two years.
3) Ten percent of all of the CFCs that the U.S. has ever
produced are out there in various applications right now.
4) On the CFC Deposit -- if you absolutely must use a
figure, use $5/pound. Also, be aware that we may be in a
race on this deposit idea -- I have heard rumors that Baucus
may be working on a deposit also.
REMARKS OF
SENATOR ALBERT GORE, JR.
TO THE
LONDON CONFERENCE ON SAVING THE OZONE LAYER
LONDON, MARCH 5-7, 1989
Prime Minister Thatcher, distinguished delegates, ladies and
gentlemen. I am honored to have this opportunity to address this
most important conference. Our actions here this weekend will be
heard around the world for some time to come.
The nations represented here today are about to take brave
and courageous steps to phase out and replace ozone-eating
chlorofluorocarbons. But the most important consequence of our
work may be to show the whole world that the global environment
demands our immediate attention and stewardship. The message we
must take home from London is that preserving the world
environment is now mankind's greatest challenge -- and just as
important, that we are rising to that challenge.
Two weeks ago, I chaired hearings in the U.S. Congress at
which scientists from the Arctic ozone expedition presented their
findings. Their advice was urgent and clear: to stop the
destruction of the stratospheric ozone layer, we must act now,
without delay.
The CFC phaseouts endorsed at this conference are an
historic step in the right direction. I hope we can go still
further. I do not believe that we can afford to wait another
decade. I have introduced legislation in the U.S. Congress
that requires a quicker phaseout, and intend to amend that
legislation upon my return to call for a phaseout within five
years. This week, I will also introduce new legislation that
calls for the recycling and recapture of CFCs and other near-term
steps to start reducing emissions right away. For example, I
will call for a "CFC deposit," similar to deposits used in some
states to encourage recycling of aluminum cans and glass bottles.
I applaud the work of this conference. I hope this will
mark the beginning of a new decade of world environmental
progress.
FOR IMMEDIATE RELEASE
Contact: Marla Romash
Friday, March 3, 1989
(202) 224-4944
(202) 547-0806 (H)
EUROPEAN CFC PHASEOUT DEADLINE TOO LATE, GORE SAYS
Outlines New Proposal to Address Current CFC Emissions
**Gore to serve as delegate to Thatcher Ozone Conf. This Wknd**
WASHINGTON -- The European Community's agreement to
phase-out, by the year 2000, chemicals now destroying the earth's
protective ozone shield waits too long to take urgently needed
action, U.S. Sen. Al Gore, D-TN, said today, outlining a new
proposal to immediately reduce emissions of the chemicals.
"Waiting until the year 2000 means will we be forced
to wait decades, maybe even a century before the damage from these
chemicals will be reversed," Gore said. "There is no reason to
wait -- every year of delay implies an additional 5 to 10 years
that these chemicals will remain in the atmosphere, destroying
ozone. We've identified a problem. We even know the solution.
It's time to act," said Gore, whose legislation calling for a
phase-out within five years is now pending in Congress.
Gore will be in London this weekend as part of
a five-member U.S. delegation to Prime Minister Margaret
Thatcher's international conference on saving the earth's upper
ozone layer. He will be the only member of Congress in the
delegation.
"Even a phase-out in five years doesn't adequately
address the problem because today -- and for the next five years -
- we will continue to release these chemicals into our environment
and tear away at the ozone shield that protects our planet and our
people," Gore said. "We must start working today to stop the
release of these chemicals into our environment."
"We need to act in the U.S., but the rest of the world
must take action as well. Fully one-quarter of the global release
of the chemicals destroying the ozone layer is still from aerosol
spray cans, an application that was banned in the U.S. years ago.
At a minimum, that application should be banned around the world."
(MORE)
Sen. Gore/March 3/page 2
Gore, the author of the World Environment Policy Act
of 1989, which includes the five-year phase-out, outlined new
legislation he will introduce immediately upon his return from
London to reduce the threat presented by current emissions of
chlorofluorocarbons, the chemicals principally responsible for
ozone depletion.
"As much as 10 to 15 percent of the damaging chemicals
that the U.S. has produced in the last half-century are still out
there, in our environment, in our everyday lives, being used in
air conditioners, refrigerators, and numerous other applications,"
Gore said. "There are steps we can take now to recycle, recapture,
and control the damage being done by these chemicals. As we work
for long-term reductions and look toward the future, we cannot
lose sight of the world we live in today," Gore said.
Gore's new legislation will:
o Encourage recapture and recycling of CFCs by instituting a
form of "CFC Deposit," affecting mainly the CFC producers and
those who service CFC-containing equipment, and not the average
consumer.
"For example, when refrigerators, air conditioners, and
other equipment are serviced or disposed of, we should minimize
the release of CFCs by promoting recapture and recycling," Gore
said. "The technology exists, and the industry has taken steps
toward this end."
O Ban the sale of "do-it-yourself" cans of freon, used to
recharge auto air conditioners, and recommend aircraft-quality
hoses and fittings as standard equipment on auto air conditioners.
O Promote the use of alternative technologies to manufacture
rigid insulation and soft foam without CFCs.
O Promote the use of alternative technologies for
electronics cleaning applications.
##
2
1
SECTION 1. SHORT TITLE.
1
2
This Act may be cited as the "Ozone Protection and
2
3
CFC Reduction Act of 1989
TIRE II
3
4
EXCISE TAX ON SALE OF CHEMICALS WHICH DE-
4
5
PLETE THE OZONE LAYER AND OF PRODUCTS
5
6
CONTAINING SUCH CHEMICALS.
6
7
(a) IN GENERAL.-Chapter 38 of the Internal Revenue
7
8 Code of 1986 (relating to environmental taxes) is amended by
8
9 adding at the end thereof the following new subchapter:
10
"Subchapter D-Ozone-Depleting
11
Chemicals, Etc.
"Sec. 4681. Imposition of tax.
76372
"Sec. 4682. Definitions and special rules.
9
12 "SEC. 4681. IMPOSITION OF TAX.
10
13
"(a) GENERAL RULE.-There is hereby imposed a tax
11
14 on-
12
15
"(1) any ozone-depleting chemical sold or used by
13
16
the manufacturer, producer, or importer thereof, and
14
17
"(2) any imported taxable product sold or used by
15
18
the importer thereof.
16
19
"(b) AMOUNT OF TAX.-
17
20
"(1) OZONE-DEPLETING CHEMICALS.-
18
21
"(A) IN GENERAL.-The amount of the tax
19
22
imposed by subsection (a) on each pound of ozone-
20
23
depleting chemical shall be an amount equal to-
21
24
"(i) the base tax amount, multiplied by
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3
1
"(ii) the ozone-depletion factor for such
2
chemical.
3
"(B) BASE TAX AMOUNT.-Except as pro-
4
vided in subsection (c), the base tax amount for
5
purposes of subparagraph (A) with respect to any
6
sale or use during a calendar year is the amount
7
determined under the following table for such cal-
8
endar year:
Base tax
Calendar year:
amount:
1990
$1
1991
2
1992
3
1993
4
1994 or thereafter
5.
9
"(2) IMPORTED TAXABLE PRODUCT.-
10
"(A) IN GENERAL.-The amount of the tax
11
imposed by subsection (a) on any imported taxable
12
product shall be the amount of tax which would
13
have been imposed by subsection (a) on the ozone-
14
depleting chemicals used as materials in the man-
15
ufacture or production of such product if such
16
ozone-depleting chemicals had been sold in the
17
United States for use in the manufacture or pro-
18
duction of such imported taxable product.
19
"(B) CERTAIN RULES TO APPLY.-Rules
20
similar to the rules of paragraphs (2) and (3) of
21
section 4671(b) shall apply.
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1
"(c) INFLATION ADJUSTMENT OF BASE TAX
1
2 AMOUNT.-
2
3
"(1) IN GENERAL.-In the case of any article
3
4
sold or used in a calendar year after 1990, the base
4
5
tax amount applicable to such year under subsection (b)
5
6
shall be the amount (determined by the Secretary)
6
7
equal to-
7
8
"(A) the dollar amount specified in subsec-
8
9
tion (b)(1)(B) for such calendar year increased by
9
10
"(B) the product of-
10
11
"(i) the dollar amount SO specified, and
11 1
12
"(ii) the inflation adjustment for such
12
13
calendar year.
13
14
"(2) INFLATION ADJUSTMENT.-
14
15
"(A) IN GENERAL.-For purposes of para-
15
16
graph (1), the inflation adjustment for a calendar
16
17
year is the percentage (if any) by which-
17
18
"(i) the applicable price index for the
18
19
preceding calendar year, exceeds
19
20
"(ii) the applicable index for 1989.
20
21
"(B) APPLICABLE PRICE INDEX.-For pur-
21
22
poses of subparagraph (A), the applicable price
22
23
index for any calendar year is the average of the
23
24
producer price index for basic inorganic chemicals
24
25
(as published by the Secretary of Labor) for the
25
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5
1
months in the 12-month period ending on Septem-
2
ber 30 of such calendar year.
3
"(3) ROUNDING.-If any increase determined
4
under paragraph (1) is not a multiple of 10 cents, such
5
increase shall be rounded to the nearest multiple of 10
6
cents (or if such increase is a multiple of 5 cents, such
7
increase shall be increased to the nearest multiple of
8
10 cents).
9 "SEC. 4682. DEFINITIONS AND SPECIAL RULES.
10
"(a) OZONE-DEPLETING CHEMICAL.-For purposes of
11 this subchapter-
12
"(1) IN GENERAL.-The term 'ozone-depleting
13
chemical' means any substance-
14
"(A) which, at the time of the sale or use by
15
the manufacturer, producer, or importer, is listed
16
as an ozone-depleting chemical by the Secretary
17
for purposes of this subchapter, and
18
"(B) which is manufactured or produced in
19
the United States or entered into the United
20
States for consumption, use, or warehousing.
21
"(2) DETERMINATION OF SUBSTANCES ON
22
LIST.-A substance shall be listed under paragraph (1)
23
if-
24
"(A) the substance is specified in the list
25
under paragraph (3), or
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1
"(B) the Secretary determines that the sub-
2
stance is known, or may reasonably be anticipat-
3
ed, to cause or contribute to atmospheric or cli-
4
matic modification, including stratospheric ozone
5
depletion.
6
If, after the date of the enactment of this section, a
7
substance not listed under paragraph (1) becomes sub-
8
ject to regulation under a treaty which regulates
9
ozone-depleting substances and to which the United
10
States is a party, the Secretary shall list such sub-
11
stance under paragraph (1) not later than the day 60
?
12
days after such substance became so subject.
13
"(3) INITIAL LIST OF OZONE-DEPLETING CHEMI-
14
CALS.-
"Common name
Chemical nomenclature
CFC-11
trichlorofluoromethane
CFC-12
dichlorodifluoromethane
CFC-22
chlorodifluoromethane
CFC-113
trichlorotrifluoromethane
CFC-114
1,2-dichloro-1,1,2,2-tetrafluoroethane
CFC-115
chloropentafluoroethane
Carbon tetrachloride
tetrachloromethane
Methyl chloroform
1,1,1,-trichloroethane
Methylene chloride
dichloromethane
Halon-1211
bromochlorodifluoromethane
Halon-1301
bromotrifluoromethane
Halon-2402
dibromotetrafluoroethane.
15
"(4) MODIFICATIONS TO LIST.-The Secretary
16
may add substances to or remove substances from the
17
list under paragraph (3) (including items listed by
18
reason of paragraph (2)(B)) as necessary to carry out
19
the purposes of this subchapter.
7
sub-
1
"(b) OZONE-DEPLETING FACTOR.-
:ipat-
2
"(1) IN GENERAL.-For purposes of this subchap-
: cli-
3
ter, the term 'ozone-depleting factor' means, with re-
zone
4
spect to an ozone-depleting chemical, the numerical
5
value assigned by the Secretary to such chemical
n,a
6
which represents the ozone depletion potential of such
sub-
7
chemical, on a mass (per kilogram) basis, as compared
ates
8
with the ozone depletion potential of CFC-11.
ited
9
"(2) INITIAL OZONE-DEPLETING FACTORS.-
sub-
10
"(A) IN GENERAL.-Except as provided in
60
11
subparagraph (B), in the case of an ozone-deplet-
12
ing chemical specified in the following table the
MI-
13
ozone-depleting factor shall be as follows:
"Ozone-depleting
"Ozone-depleting
chemical:
factor:
CFC-11
1.0
CFC-12
1.0
CFC-22
0.05
CFC-113
0.8
CFC-114
0.7
e
CFC-115
0.6
Caps?
carbon tetrachloride
1.06
methyl chloroform
0.1
methylene chloride
0.1
halon-1211
3.0
halon-1301
10.0
halon-2402
6.0
14
"(B) MODIFICATIONS TO FACTORS.-The
ry
15
Secretary may, as necessary to carry out the pur-
he
16
poses of this subchapter, prescribe ozone-deplet-
by
17
ing factors which will apply in lieu of the
ut
18
ozone-depleting factors specified in subparagraph
19
(A).
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1
"(c) IMPORTED TAXABLE PRODUCT.-For purposes of
2 this subchapter-
3
"(1) IN GENERAL.-The term 'imported taxable
4
product' means any substance (other than an ozone-
5
depleting chemical) if any ozone-depleting chemical
6
was used as material in the manufacture or production
7
of such substance.
8
"(2) DE MINIMIS EXCEPTION.-The term 'im-
9
ported taxable product' shall not include any substance
10
specified in regulations prescribed by the Secretary as
11
containing a de minimis amount of ozone-depleting
12
chemicals. The preceding sentence shall not apply with
13
respect to any substance if any ozone-depleting chemi-
14
cal is used for purposes of refrigeration or air condi-
15
tioning, creating an aerosol or foam, or electronic com-
16
ponents.
17
"(d) EXCEPTION FOR RECYCLING.-No tax shall be
18 imposed by section 4681 on any ozone-depleting chemical
19 which is diverted or recovered in the United States as part of
20 a recycling process (and not as part of the original manufac-
21 turing or production process).
22
"(e) OTHER DEFINITIONS.-For purposes of this sub-
23 chapter-
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1
"(1) IMPORTER.-The term 'importer' means the
2
person entering the article for consumption, use, or
3
warehousing.
4
"(2) UNITED STATES.-The term 'United States'
5
has the meaning given such term by section 4612(a)(4):
6
"(f) SPECIAL RULES.-
7
"(1) FRACTIONAL PARTS OF A POUND.-In the
8
case of a fraction of a pound, the tax imposed by sec-
9
tion 4681 shall be the same fraction of the amount of
10
such tax imposed on a whole pound.
11
"(2) DISPOSITION OF REVENUES FROM PUERTO
12
RICO AND THE VIRGIN ISLANDS.-The provisions of
13
subsections (a)(3) and (b)(3) of section 7652 shall not
14
apply to any tax imposed by section 4681
"
15
(b) CLERICAL AMENDMENT.- The table of subchapters
16 for chapter 38 of such Code is amended by adding at the end
17 thereof the following new item:
"Subchapter D. Ozone-depleting chemicals, etc."
18
(c) EFFECTIVE DATE.-The amendments made by this
19 section shall take effect on January 1, 1990.
20 SEC. 3. FLOOR STOCKS TAX.
21
(a) IMPOSITION OF TAx.-On any ozone-depleting
22 chemical specified in section 4682(a)(3) of the Internal Reve-
23 nue Code of 1986 which on January 1, 1990, is held by a
24 dealer for sale, there is hereby imposed a floor stocks tax in
25 an amount equal to the tax which would be imposed under
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10
1 section 4681 of such Code on such chemical if such chemical
2 were sold during 1990 by the manufacturer thereof.
3
(b) APPLICATION OF OTHER LAWS.-All other provi-
4 sions of law, including penalties, applicable with respect to
5 the taxes imposed by section 4681 of such Code shall apply
6 to the floor stocks tax imposed by this section.
7
(c) DUE DATE OF TAx.-The taxes imposed by this
8 section shall be paid before February 14, 1990.
9
(d) DEFINITIONS.-For purposes of this section-
10
(1) DEALER.-The term "dealer" includes a
11
wholesaler, jobber, distributor, or retailer.
12
(2) HELD BY A DEALER.-An article shall be
13
considered as "held by a dealer" if title thereto has
14
passed to such dealer (whether or not delivery to the
15
dealer has been made) and if for purposes of consump-
16
tion title to such article or possession thereof has not
17
at any time been transferred to any person other than
18
a dealer.
HR 1112 IH
MEMORANDUM
DATE: April 24, 1989
TO: Al
FROM: Rick
SUBJECT: Saving the Ozone Layer, Part II
A three-part bill is possible, and -- if you like what
you see here -- I will go all-out to have it ready by the
beginning of next week, in order to "piggyback" it on the
press stories surrounding the Montreal Protocol meetings.
This (three parts to the bill) assumes that we incorporate
the 5-year phaseout into this bill. This depends on the
course that we decide on for S.201. If we leave the 5-year
phaseout out of this new bill, then it becomes a two-part
bill. I'd like to put it in here, and amend S.201 to
include this new bill (the "Both" option from today's
earlier memo).
TITLE I. Service Regulations, Labeling, and Phaseout of
Certain CFC- and Halon-Containing Consumer Products; Call
for an EPA Study of a CFC Deposit.
- Regulation of mobile air conditioner servicing;
labeling and phaseout of small CFC recharge
cannisters.
- Labeling and phaseout of halon fire extinguishers
for consumer applications.
- Regulation, labeling, and phaseout of nonessential
CFC-containing consumer products (e.g., silly
string, noise horns, cleaning sprays.)
- Call for an EPA study of a chlorofluorocarbon
deposit fee (a call for an EPA study of how to do
this, in order to encourage recapture and recycling;
a type of CFC "bottle bill. ").
TITLE 2. Excise Tax on Sale of Chemicals which Deplete the
Ozone Layer and of Products Containing Such Chemicals.
- (This is H.R. 1112, introduced by Rep. Stark, with
59 co-sponsers so far; we will be the Senate
sponser.)
- Amends the Internal Revenue Code of 1986 to impose a
manufacturer's excise tax on the sale of chemicals
which deplete the ozone layer, and of products
containing such chemicals. Revenues are not
targeted.
According to a Joint Comm. on Taxation study done for
Stark, this measure would raise 0.4 billion in 1989, 0.8
billion in 1990, 1.1 billion in 1991, 1.3 billion in 1992,
1.5 billion in 1993.
We might consider including a provision for a "windfall
profits" tax here also, since the price of CFCs should rise
substantially as supplies fall during the phaseout period.
TITLE 3. Production Phaseout of Substances that Deplete the
Stratospheric Ozone Layer.
- This is the CFC/halon production phaseout from
S.201, altered to reflect a 5-year phaseout period
(i.e., instead of saying "by 1996," it will now say
"within 5 years of enactment of this bill.")
Recall that the "meat" of Baucus' CFC/ozone legislation
introduced March 3 is a CFC "surcharge" on each pound of CFC
produced; $100 million of its revenues go into an "Ozone
Trust Fund" to be used to fund the search for substitutes,
the rest goes to Treasury. The Chafee and Baucus "twin"
bills are the chief Senate competition -- both were
introduced together, with Chafee the only cosponser for
Baucus, Baucus the only cosponser for Chafee. The Chafee
twin is basically a production phaseout, with minor
provisions calling for recycling. Our (three-title) bill
would do it all, in somewhat different ways from Baucus and
Chafee, with some additions such as banning nonessential
consumer products, CFC deposit study, and others; in
addition, there's a possibility that I'll also be able to
include a "safe substitutes" provision (worker protection
from dangerous substitutes that user industries could resort
to as current chemicals are phased out) -- there's a House
hearing on safe substitutes tomorrow that I hope to draw
from, in addition to outside help.
* FEDS. TO CREATE MRT. FOR ALT. A/C
+ REERIG USES
I
AND SOLVENTS
|
Gov. SAYS--- As Soon As Equip AUTHICADE,
WE Buy OZONE-BENIGN
TELANOLOGIES -
+ USE OF
LIST CURROWT ALTERNATIVES
ESTIMATE TIMETABLE TO Do IT
REM: FSA "Brockrys
A
ADD BAN OF CFC-GOOUN CAFETERIA
ITEMS of FEDS
#
PBS Penel an Ghose in Nashall Louisville 5/14
Gone Mrthews Commen
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PHOTOCOPY
March 7, 1989
PRESERVATION
Washington, D.C.
Dear Rick:
I looked through the proposed Stratospheric Ozone Protection Act of
1989. It looks OK, though I must admit that I only glanced at it. The
area which really needs to be beeted up concerns efrigerators.
I have the following suggestions:
HOUSEHOLD REFRIGERATORS
Labeling Requirement:
All refrigerators (household and commercial) should be labelled
with an indicator of how much CFC is in the insulation and how
much is in the working fluid. This should be expressed in terms
of weight, and in terms of weighted ozone depletion potential
(weight multiplied by ozone dopletion factor). The weighted ozone
depletion potential should be provided for the foam, the working
fluid, and for the two combined. It is important to break the
totals out, as the recoverability of the CFCs is the working fluid
probably is much easier than is the case with the foam. I might
add that this labelling requirement will make it much easier to
compute and to recover the deposit, since you will know exactly
how much CFC the product contains.
Information:
EXITY
The Department of Energy or the Environmental Protection Agency
(or a combination of the two) should regularly conduct a survey of
household refrigerators sold in the U.S. All brands and models
should be listed, with both their energy efficiency and weighted
ozone depletion potential.
The same agencies should immediately conduct a worldwide survey of
commercially available household refrigerators. The primary
objective would be to identify superior technologies overseas; and
to identify those countries which appear to lag furthest behind.
Research, Development and Deployment
It is urgent that the developed countries quickly develop designs
for refrigerators which make sense in developing countries. This
should be a matter of great national priority. even 11 iL means
running head on Into the interests of the appliance manufacturers
here and abroad. It would be useful to call for the formation of
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a national group to develop designs for household refrigerators
which are energy efficient, which do not use CFCs, and which can
use a variety of fuels. Especially important in this regards is
the ability to operate off of something other than AC electric
power. Special emphasis should be placed on absorption cycles or
other cycles capable of running off of externally supplied heat
(from natural gas, for example).
Section 8.
The chlorof]uorocarbor fee should be based on the weighted ozone
depletion value of the compound. Hence, a pound of CFC-11 would
have an ozone weighted ozone depletion value of 1 (1 lb X
depletion factor of 1). One pound of CFC-22 would have a factor
of .05.
I suggest that the deposit also apply to the foam in household
refrigerators, since that is where 80-85 percent of the CFCs are
in household refrigerators. This would encourage the development
of alternative insulators; and design revisions which would
facilitate the removal and reuse of the insulation.
If you decide not to include the foam as subject to the deposit
rule, I suggest that the deposit be much higher for houschold
refrigerators. The largest household refrigerators have about 20
ounces of CFC-12 in their working fluid. Your deposit would only
amount to $6.25 and would not make much of A difference. A
deposit of $25 dollars / pound would be more appropriate. But if
you include the foam, a $5 deposit per pound would amount to over
$30; that begins to be noticed and when combined with the
increased cost of the compound could really make a difference in
consumer behavior. You might even consider a $10/deposit per
pound if you really want to be aggressive.
TRADE RESTRICTIONS
The trade restrictions associated with the Montreal Protocol should be
immediately enforced by the United States; we should not wait for the
deadline provided by the Protocol. The lists called for under Paragraph
3 and Paragraph 4 of Article 4 should be drawn up within 12 months and
trade restrictions should be imposed on those products six months after
that.
That's it. for now big buddy.
PHOTOCOPY
PRESERVATION
Note 1 page 7
§7(a) bans sale of products that will leak more than 5% of
their CFCs. But as presently written, it does not provide for
any governmental certification that a product does in fact meet
the requirement. A manufacturer could simply reach his own
conclusion that losses will be under 5%. How is it to be
verified? (You could require certification by secretary, or
posting of a bond)
Likewise, regarding clause (2), what must a manufacturer
actually do to "assur[] the availability and actual use" of
recycling equipment? A refrigerator manufacturing company does
not handle service; other companies do. I think you need to
create a separate set of requirements for the service industry,
namely that all service on or disposal of equipment containing
CFCs be performed with recycling equipment. That would parallel
the auto recycling provisions ( more on that later), but the
actual specifications for recycling equipment and practices would
be a little different.
Note 2, page 7
The deposit fee is a neat idea. But we need to work out
bugs.
(1) Why only coolant? Why not electronics solvent,
halons, etc. ?
(2) If it's only coolant, how can you know what purpose
a pound of CFC is sold for?
(3) Who holds the deposit? Not Dupont, I hope. A
special fund should be set up like under some state
bottle bills.
(4) Since there'll be a surplus, * what can be done with
it?
EPA should be authorized to support cooperative
research projects into alternatives (e.g., contracts
with refrigeration companies leading them to R&D in
CFC-free, high efficiency refrigerators.
(5) Is $5/16 too steep? EPA would urge a graduated
fee. But different prices over time would raise
difficulties when dealing with deposit refunds.
* from deposits not redeemed, or just because of the delay
between deposit and redemption.
Note 3, page 8
Re: Mobile Air Conditioning
Attached is a copy of a Maryland state bill on mobile a/c
recycling, plus a letter from me and others on consensus language
for amending it. I suggest you use the language of the Maryland
bill, as amended in the letter.
Problem: You can't simply require the states to issue the
regulation referred to in paragraphs (a) and (b). Federalism
considerations. That is why the Clean Air Act is set up SO that
certain activities are federally regulated, or simply just
prohibited, unless a state chooses to take over the function
described. Then the EPA approves or disapproves the state's
program. So if you want state implementation, you need to
rewrite it 50 that a/c service is prohibited by a date certain
(1/1/91 is ok) unless each state has submitted regulations, and
the Secretary (Administrator?) has approved them, under which
each service operation is required to get the equipment.
The alternative (which is simpler to draft) is direct
federal regulation.
Note 4, page 8
One
ANSUL the large manufacturer of fire protection equipment
(including halons), is on record as agreeing that consumer use
halon extinguisher are unnecessary.
You should make clear in a statement accompanying
introduction that you recognize the validity of using hand-held
halon units in special situation; such as airplanes. But not for
general home use.
Note 5 page 9
Add a section banning use of CFCs in hospital sterilization,
as follows:
(1) Establish a commission (balanced membership including
scientists expert in ozone depletion and members of the public
concerned about it) to study and report within one year on
ability of hospitals to substitute alternative sterilants.
(2) Bar use of CFCs in hospital sterilants after January 1,
1992, unless Secretary (Administrator?) specificall finds no
efficacious alternative.
383
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(212) 505-2100
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PHOTOCOPY
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605 animouts. 1 hope it
1616 P Street, NW
Washington, DC 20036
is not for late - TWA-Saral
(202) 387-3500
1405 Arapahoe Avenue
Boulder, CO 80302
(303) 440-4901
5655 College Avenue
Oakland, CA 94618
(415) 658-8008
1108 East Main Street
Richmond, VA 23219
(804) 780-1297
128 East Hargett Street
Raleigh, NC 27601
(919) 821-7793
100 5 Recycled Paper
1111
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P.02
ENVIRONMENTAL DEFENSE FUND
257 Park Avenue South
New York, NY 10010
MEMORANDUM
(212) 505-2100
To: Rick Adcock
From: Sarah Clark
Date: March 10, 1989
Re: Draft CFC recycling bill
Although these comments are late, I hope you will
still be able to consider them.
Section 4. Definitions
(10) I suggest that this definition be rewritten to say.
"The term "chlorocluorocarbon recycling equipment"
means equipment that is certified by Underwriters
PHOTOCOPY
Laboratories for the extraction and purification of
chlorofluorocarbon coolants from mobile air conditioners or
PRESERVATION
equipment that meets Air Conditioning and Refrigeration
Institute (ARI) purity standards for the extraction and
purification of chlorofluorcarbon coolants from stationary
air conditioners, refrigerators and freezers."
Section 6. Reporting Requirements
Reporting requirements are going to be extremely
burdensome to federal or state agencies that are
responsible for receiving and maintaining the paperwork
generated by such regulations. It is likely that this
burden will detract these agencies from other more
important and critical responsibilities that pertain to the
regulation of CFCs. It could be counterproductive to have
a requirement that is extremely resource intensive deter
agencies from carrying out other policies or programs that
may be more effective in limiting releases of CFCs and
facilitating the introduction on substitute chemicals.
1616 P Street, NW
Section 7. Limitations on the Release of Listed Chemicals
Washington, DC 20036
(202) 387-3500
(a) of this section will be very difficult to enforce.
1405 Arapahoe Avenue
Although it may be a worthwhile goal to have "all persons
Boulder, CO 80302
who manufacture, process, distribute or use CFCs do so
(303) 440-4901
in a "totally enclosed" manner", there will be a
5655 College Avenue
substantial feasibility problem associated with it because
Oakland, CA 94618
of the difficulty in demonstrating compliance. This will
(415) 658-8008
be especially true for those products or items, such
1108 East Main Street
as rigid urethane foam, that release CFCs over their entire
Richmond, VA 23219
lifetime. These foams have an approximate 50 year
(804) 780-1297
lifespan, during which CFCs slowly leak out of the closed
cells. Automotive air conditioners also are inherently
128 East Hargett Street
leaky by their very design. It will be very difficult to
Raleigh, NC 27601
(919) 821-7793
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PRESERVATION
guarantee that 5% loss over their entire lifetime is possible. Also, are
medical CFC sterilants left out on purpose? They are a considerable source of
CFC emissions and should be substituted as soon as possible with alternative
chemicals or technologies. Such an exemption may delay substitution.
The wording of (b) is confusing. Persons who manufacture, process, or
distribute CFCs do not have control over the installation of servicing
apertures on a/c or refrigeration units or the availability of refrigerant
recycling equipment. Only those who "use" a listed chemical (presumably this
refers to air conditioning and refrigeration unit manufacturers) will be able
to undertake such measures.
Section 8. Establishment of a CFC Deposit Fee
If a tax or fee is implemented, it must be be carefully structured so
that the deposits are not placed in the wrong hands. If any deposits are
collected, they should be collected by state governments who could use the
monies to encourage investments in large-scale, off-site CFC recycling.
Off-site recycling is presently non-existent. It doesn't make sense to
institute mandatory recovery for delivery back to the producer or seller of
refrigerant if they are not equipped to handle it.
This provision 1s a disincentive for on-site recycling. If a user of
refrigerant only gets his/her money back 1f the refrigerant is returned to the
provider, then it would be to his/her disadvantage to recover and recycle
refrigerant on-site. In other words, it would only make sense for such
persons to recover and not recycle. This is in conflict with Section 9.
If this provision is directed at recovering CFCs from the disposal of
vehicles or refrigeration units, it would make more sense to place a deposit
on the unit itself, not the refrigerant. For example, if a consumer purchases
a refrigerator or car, the amount of coolant in those units is small enough
that a refund on the deposit 10 years later would not be worth very much. If
a deposit was collected on top of the price of those units, it should go into
a fund for establishing a central recovery facility (most likely by a private
company) through investment incentives, so that those who recover CFCs from
old cars, air conditioners, refrigerators and chillers at disposal could send
it to a facility for recycling or destruction purposes.
Section 9. Mobile Air Conditioners
The enforcement issue is missing in this provision. Would it be left up
to the states? This purchase requirement should be contingent upon receipt of
a state or local business license, or professional lisence if possible.
Section 13. Disposal of Ozone-Destroying Chemicals
Recovery of refrigerants at disposal would be more likely to actually
occur if salvagers had an economic incentive to do so. The way provision 13
(a) (3) is written, state governments would find themselves in the position of
accepting all white goods that contain refrigerants, because it is unlikely
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that salvagers would care to be lisenced to remove refrigerant for removal's
sake. States need to assist salvagers in refrigerant recovery through
economic incentives, i.e. make it worth their while to pump coolant out and
ship it to a reclaimer for recycling or destruction. This idea goes back to
Section 8.
Suggested Additional Sections
This bill should also direct states to sponsor training and education
workshops for users of CFCs, which would include coolant service personel, so
to promote recovery and recycling and safe use of equipment and alternative
chemicals. These workshops should include an overview of the stratospheric
ozone depletion problem, the framework of international agreements, important
federal regulations, refrigerant recovery equipment and their use, future
substitute chemicals, and any applicable state programs. The purpose of these
workshops is to educate users of refrigerants about the economic opportunities
for refrigerant recycling as the price of refrigerants rises in response to
federal regulations and the introduction of alternative chemicals into the
marketplace. As citizens become more interested in and familiar with
ozone-depletion and problems associated with using CFCs, these workshops will
serve to inform such persons about opportunities associated with refrigerant
recycling.
Best management practices written and adopted by servicing industry
trade associations should also be adopted by states to assure maximum
compliance with and implementation of such practices.
PHOTOCOPY
PRESERVATION
NR
MOBILE A/C
DC
Natural Resources
Defense Council
1350 New York Ave., N.W.
Washington, DC 20005
202 783-7800
March 6, 1989
Hon. Brian E. Frosh
House of Delegates
2208 House Office Building
Annapolis, MD 21401-1991
Dear Del. Frosh:
On behalf of the organizations and individuals listed below
who have been involved in the development of the consensus
standard announced on January 27, 1989, for the recovery and
recycling of chlorofluorocarbon (CFC) refrigerant during the
service of motor vehicle air conditioners, we are writing to
offer comments on H.B. 1139.
We share your concern over the danger to public health and
the environment due to depletion of the stratospheric ozone layer
by CFCs. We also recognize that motor vehicle air conditioning
is the single largest source of CFC leakage, accounting for about
one fourth of all CFC use in the U.S. That is why we worked
together with the Environmental Protection Agency to develop and
support the program announced on January 27, 1989, to facilitate
the use of recovery and recycling equipment in air conditioner
service.
We support the objectives of H.B. 1139. We agree that the
service of auto air conditioners should be required to be
performed with recovery and recycling equipment in accordance
with the consensus standard. In our view, however, the bill
needs a number of modifications to fully and practically carry
out the intent of the consensus standard. With these
modifications, we would be pleased to endorse H.B. 1139 and to
urge its enactment in this session of the Maryland General
Assembly.
The specific changes we recommend are set forth in the
attachment to this letter. We look forward to working with you
on this important bill.
Sincerely yours,
Darriton Doniger
Senior Attorney, Natural Resources Defense Council
100% Recycled Paper
New York Office:
Western Office:
New England Office:
Toxic Substances
122 East 42nd Street
90 New Montgomery
850 Boston Post Road
Information Line:
New York, New York 10168
San Francisco, CA 94105
Sudbury, MA 01776
USA: 1-800 648-NRDC
212 949-0049
415 777-0220
617 443-6300
NYS: 212 687-6862
Thomas Banghart
Treasurer, Mobile Air Conditioning Society
West Chester Pike & State Road
Upper Darby, PA 19082
Simon Oulouhoujian, Sr.
President, Mobile Air Conditioning Society
West Chester Pike & State Road
Upper Darby, PA 19082
Ward Atkinson
Chairman, Society of Automotive Engineers R-12 Task Force
Sun Test, Inc.
2918 North Scottsdale Road
Scottsdale, AZ 85251
Kenneth W. Manz
Robinair Division
SPX Corporation
Robinair Way
Montpelier, OH 43543-0193
Liz Cook
Friends of the Earth/Environmental Policy Institute
530 7th Street SE
Washington, DC 20003
Gary M. Huggins
Coordinator, Coalition For Safer, Cleaner Vehicles
321 D Street, NE
Washington, DC 20002
Don Randle
President, Automotive Service Assoc.
321 D Street, NE
Washington, DC 20002
RECOMMENDED MODIFICATIONS TO H.B. 1139
Definitions (§ 2-701)
1.
"Air conditioning equipment" (pg. 2, Ins. 14-15)
For the sake of clarity, "air conditioning equipment" should
be defined directly in this bill. The cross-referenced
definition is satisfactory, but we urge you to repeat it in this
bill. Definition (A) should then read:
1
"'Motor vehicle air conditioner' means mechanical vapor
compression refrigeration equipment used to cool the
driver's or passenger compartment of any motor vehicle."
2.
"CFCs" (pg. 2, lns. 16-29)
The listing of all eight compounds covered by the Montreal
Protocol is not necessary, because at present the only one usable
in auto air conditioners is CFC-12.
While CFC-12 ultimately will be replaced with one or more
alternatives, those alternatives may also have environmental
problems. For example, the most frequently mentioned alternative
(FC-134a), though not an ozone depleter, is a greenhouse gas -- a
gas capable of absorbing infrared radiation and exacerbating the
global greenhouse effect. As such, it should be subject to
recycling. Thus, we believe it is important to signal now that
indiscriminate release of such alternatives is not acceptable and
that recycling should continue.
To this end, we recommend that definition (B) be changed to
refer to "refrigerant," rather than to "chlorofluorocarbon
(CFC) " The definition would then read:
"'Refrigerant" means dichlorodifluoromethane (also known as
chlorofluorocarbon-12, CFC-12, or R-12) or any substitute
refrigerant used in motor vehicle air conditioning
equipment."
3.
"Recycling Equipment" (pg. 2, lns. 30-33 -- pg. 3, lns.
1-4)
In order to assure that the requirements for recycling
equipment are consistent from state to state, the definition of
CFC recycling equipment needs to refer precisely to the consensus
standard we have developed. We suggest you drop subsection (2),
referring to standards established by the Department, and rewrite
section (D) as follows:
"(D) 'Approved refrigerant recycling equipment' means
equipment that is certified by Underwriters Laboratories (or
another independent standards testing organization) to meet
the Society of Automotive Engineers standard applicable to
equipment for the extraction and reclamation of refrigerant
from motor vehicle air conditioners (SAE Standard J-1990 or
revisions thereof). Equipment purchased before the
commencement of certification by Underwriters Laboratories
shall be considered approved if it is substantially
identical to a model which is certified before January 1,
1991."
2
4.
"Properly Using" and "Properly Trained and Certified"
(new definitions)
There should be an additional definition to establish the
requirement to "properly use" CFC recycling equipment. Proper
use should be defined in terms of the Society of Automotive
Engineers standard J-1989, which will establish the appropriate
service routine for making repairs with the new equipment. We
suggest that the definition read as follows:
" (E) 'Properly using' approved refrigerant recycling
equipment means using such equipment in conformity with the
Society of Automotive Engineers standard establishing the
recommended service procedure for containment of R-12
refrigerant (SAE Standard J-1989 or revisions thereof) "
There should also be a definition establishing training and
certification requirements for persons employed in air
conditioner service. It should read as follows:
" (F) 'Properly trained and certified' means that a person
authorized to perform any service on a motor vehicle air
conditioner involving refrigerant for such air conditioner
has been trained and certified in the proper use of approved
refrigerant recycling equipment, as specified in SAE
Standard J-1989 or revisions thereof, under the
certification program of Automotive Service Excellence (ASE)
or under a similar program such as training and
certification program of the Mobile Air Conditioning Society
(MACS) . "
Prohibitions and Deadlines (§ 2-702)
We share your objective of implementing this recycling
program as quickly as possible. Because of the leadtime needed
to produce the necessary number of recycling machines, however,
it is not feasible to deploy them in every service shop by
January 1, 1990. We suggest the effective date be January 1,
1991, with a provision allowing smaller shops up to one
additional year.
Smaller shops should be defined as ones which service fewer
than 100 air conditioners in 1990. If a shop certifies to the
Department that it meets this condition, then it would be
authorized to take until January 1, 1992 to acquire and commence
using the equipment.
We believe January 1, 1991, is also the appropriate date for
ending the sale of R-12 in 14-ounce cans. The 10 pound limit
should be changed to 30 pounds, and they should be refillable, to
promote recycling and refilling by distributors. We also suggest
several word changes to make clear that the prohibition on the
3
sale of small cans applies specifically to refrigerant suitable
for charging air conditioners and not to certain specialty
products which are mixtures of R-12 and either dyes or oils, and
which are used for leak diagnosis and service, not recharging.
We suggest the use of the term "business establishment, or
something similar, in place of the term "person." The reason is
that the bill needs to distinguish between the business
establishments (i.e., service shops) and the persons they employ
(i.e., service personnel).
So we recommend rewriting § 2-702 (A) as follows:
" (A) (1) On or after January 1, 1991, a business
establishment may not sell or offer for sale in this state
any refrigerant capable of being used to charge a motor
vehicle air conditioner except in refillable containers
(meeting appropriate U.S. Department of Transportation
safety standards) which hold at least 30 pound quantities.
"(2) On or after January 1, 1991, a business
establishment may not perform any service on a motor vehicle
air conditioner involving refrigerant for such air
conditioner without properly using approved refrigerant
recycling equipment and unless each person authorized by
such establishment to perform such service has been properly
trained and certified. The requirements of the previous
sentence shall not apply until January 1, 1992, to a
business establishment which performed service on fewer than
100 motor vehicle air conditioners during 1990, provided
that such establishment so certifies to the Department by
January 1, 1991, pursuant to 8 2-703."
Certification (§ 2-703)
Service shops should certify that they have acquired and are
properly using the recycling equipment by the appropriate
deadline, and that their service personnel are trained and
certified in the new service procedure.
We suggest that § 2-703 be rewritten as follows:
"Not later than January 31, 1991, each business
establishment which performs service on motor vehicle air
conditioners shall certify to the Department either --
(A) that the establishment has acquired and is properly
using approved refrigerant recycling equipment in any
service on a motor vehicle air conditioner involving
refrigerant for such air conditioner and that each
person authorized by the establishment to perform such
service is properly trained and certified; or
4
(B) that the establishment serviced fewer than 100
motor vehicle air conditioners in 1990.
Each business establishment which certifies under
clause (B) shall certify under clause (A) not later than
January 31, 1992. Each certification shall contain the name
and address of the business establishment and the serial
number (s) of the unit (s) acquired by the establishment and
shall be signed by the owner or another responsible
corporate officer. Certifications under clause (A) may be
made by submitting the required information to the
Department on a standard form provided by the manufacturer
of approved refrigerant recycling equipment."
5
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UNITED STATES
AGENCY
PHOTOCOPY
PRESERVATION
PROTECTION
FACSIMILE REQUEST AND COVER SHEET
TO: Rick Adcock
DATE: 2/27/89
OFFICE PHONE: 224-0580
NUMBER OF PAGES TRANSMITTED (Including Cover Sheet):
FROM:
Global Change Division
Office of Atmospheric and Indoor Air Programs
Office of Air and Radiation
U.S. Environmental Protection Agency
401 M Street, SW (ANR-445)
Washington, D.C. 20460
Fax Number: 202-382-6344
Confirmation Number: 202-382-4036
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002
MACS
PHOTOCOPY
PRESERVATION
HOUSEOF DELEGATES
91r1584
No. 1139
H1
By: Delegates Frosh, Kopp, Teitelbaum, Pitkin, Genn, Themas,
Franchot, Poole, Dembrow, Roesser, and Pinsky
Introduced and read first time: February 3, 1989
Assigned to: Environmental Matters
A BILL ENTITLED
1
AN ACT concerning
2
Chlorofluorocarbons (CFCs) - Motor Vehicle Ai:
3
Conditioning Equipment
4
FOR the purpose of prohibiting the sale or offering for sale of.
5
any chlorofluorocarbon coolant for use in motor vehicle air
6
conditioners of less than a certain size; prohibiting a
7
person from performing any service involving CFC coolants on
8
motor vehicle air conditioners without utilizing certain
9
equipment; requiring the Department to adopt certain
10
regulations; providing the Department with certain
11
authority: defining certain terms; and generally relating to
12
the sale and use of certain CFCs.
13
BY adding to
14
Article - Environment
15
Section 2-701 through 2-704, inclusive, to be under the new
16
subtitle "Subtitle 7. Chlorofluorocarbons"
17
Annotated Code of Maryland
18
(1987 Replacement Volume and 1988 Supplement)
19
Preamble
20
WHEREAS, Scientific research has demonstrated a clear
21
relationship between the release of certain chlorofluorocarbons
22
(CFCs) into the atmosphere and the depletion of the stratospheric
23
ozone; and
24
WHEREAS, Any decrease in stratospheric ozone levels allows
25
increased ultraviolet radiation to reach the earth's surface and
26
causes acute damage to life on this planet, including increased
27
incidence of skin cancer and other serious illnesses, changing
28
climatic patterns, and significant damage to the animal and plant
29
life on which we depend; and
30
WHEREAS, Motor vehicle air conditioning equipment in the
31
United States alone accounts for 26% of the harmful CFCs released
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
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PRESERVATION
2
HOUSE BILL No. 1139
1
into the atmosphere, and technology has been developed that
2
recovers and recycles otherwise destructive CFCs in motor vehicle
3
air conditioning equipment; and
4
WHEREAS, It is environmentally sound to prevent CFC releases
5
and to recover and recycle CFCS wherever possible; now,
6
therefore,
7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
8
MARYLAND, That the Laws of Maryland read as follows:
9
Article - Environment
10
SUBTITLE 7. CHLOROFLUOROCARBONS
11
2-701.
12
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
13
INDICATED.
14
(B) "AIR CONDITIONING EQUIPMENT" HAS THE MEANING STATED IN
15
S 22-410 OF THE TRANSPORTATION ARTICLE.
16
(C) (1) "CHLOROFLUOROCARBON (CFC)" MEANS THE FAMILY OF
17
SUBSTANCES CONTAINING CARBON, FLUORINE, AND CHLORINE AND HAVING
18
NO HYDROGEN ATOMS AND NO DOUBLE BONDS.
19
(2) CFCS INCLUDE THE FOLLOWING:
20
(I) CFC-11 (TRICHLOROFLUOROMETHANE)
21
(II) CFC-12 (DICHLORODIFLUOROMETHANE)
22
(III) CFC-113 TRICHLOROTRIFLUOROETHANE) ;
23
(IV) CFC-114 (DICHLOROTETRAFLUOROETHANE) ;
24
(V) CFC-115 ((MONO) CHLOROPENTAFLUOROETHANE) :
25
(VI) HALON-1211 (BROMOCHLORODIFLUOROETHANE) ;
26
(VII) HALON-1301 (BROMOTRIFLUOROETHANE) ; AND
27
(VIII) HALON-2402 (DIBROMOTETRAFLUOROETHANE) .
28
(IX) ANY SUBSTITUTE COOLANT WITH AN OZONE
29
DEPLETION POTENTIAL GREATER THAN ZERO.
30
(D) "CFC RECYCLING EQUIPMENT" MEANS EQUIPMENT THAT MEETS:
31
(1) THE UNDERWRITERS LABORATORIES STANDARDS FOR THE
32
EXTRACTION AND PURIFICATION OF CFC COOLANTS FROM MOTOR VEHICLE
33
AIR CONDITIONING EQUIPMENT; OR
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HOUSE BILL No. 1139
3
1
(2) STANDARDS ESTABLISHED BY THE DEPARTMENT THAT ARE
2
SUBSTANTIALLY SIMILAR TO THE UNDERWRITERS LABORATORIES STANDARDS
3
FOR THE EXTRACTION AND PURIFICATION OF CFC COOLANTS FROM MOTOR
4
VEHICLE AIR CONDITIONING EQUIPMENT.
5
(E) "MOTOR VEHICLE" HAS THE MEANING STATED IN $ 11-135 OF
6
THE TRANSPORTATION ARTICLE.
7
702.
8
(A) ON OR AFTER JANUARY 1, 1990, A PERSON MAY NOT:
9
(1) SELL OR OFFER FOR SALE IN THIS STATE ANY CFC
10
COOLANT CAPABLE OF BEING USED IN MOTOR VEHICLE AIR CONDITIONERS
11
IN CONTAINERS OF LESS THAN 10 POUND QUANTITIES; OR
12
(2) PERFORM ANY SERVICE INVOLVING CFC COOLANTS ON
13
MOTOR VEHICLE AIR CONDITIONERS WITHOUT PROPERLY UTILIZING CFC
14
RECYCLING EQUIPMENT.
15
2-703.
16
ON OR AFTER JANUARY 1, 1990, EACH PERSON IN THE BUSINESS
17
OF PERFORMING SERVICE ON MOTOR VEHICLE AIR CONDITIONERS SHALL
18
CERTIFY TO THE DEPARTMENT THAT THE PERSON HAS ACQUIRED AND IS
19
PROPERLY UTILIZING CFC RECYCLING EQUIPMENT.
20
2-704.
21
(A) THE DEPARTMENT SHALL ADOPT REGULATIONS TO IMPLEMENT THE
22
PROVISIONS OF THIS SUBTITLE.
23
(B) THE DEPARTMENT SHALL HAVE THE AUTHORITY TO ENFORCE THE
24
PROVISIONS OF THIS SUBTITLE INCLUDING THE AUTHORITY TO ENTER AND
25
INSPECT ANY PLACE OF BUSINESS DURING NORMAL BUSINESS HOURS.
26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
27
take effect July 1, 1989.
THE SENATE
S.B. NO.
FIFTEENTH LEGISLATURE, 1989
STATE OF HAWAII
A BILL FOR AN ACT
PHOTOCOPY
PRESERVATION
RELATING TO OZONE DEPLETION AND GLOBAL WARMING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1
SECTION 1. Chapter 342, Hawaii Revised Statutes is amended
2 by adding a new part to be appropriately designated and to read
3 as follows:
4
"PART
OZONE LAYER PROTECTION.
5
5342-
Policy. The legislature finds that the adoption of
6 strong legislation to protect the ozone layer of the atmosphere
7 is & matter of compelling state interest to protect and preserve
8 the health of the people of the State and the State's economic
9 well-being. Chlorofluorocarbons (CFCs) and other chemicals
10 deplete the ozone layer, contributing to the greenhouse effect,
11 which causes global climatic changes. Results include increases
12 in skin cancers and cataracts, depression of human immune
13 systems, damage to aquatic systems and crops, and projected
14 losses of shoreline property because of rising ocean levels.
15
CFCs have atmospheric lifetimes of up to 380 years.
16 Substitutes for CFCs are being developed, but are not widely-
17 tested or available. Meanwhile the ozone layer is being depleted
18 steadily while atmospheric concentrations of CFCs continue to
19 increase. In the U.S., air conditioners and refrigerators
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PHOTOCOPY
S.B.NO.
PRÉSERVATION
1 collectively account for forty per cent of all CFC emissions.
2 American automobiles account for seventy-five per cent of all CFC
3 emmisions contributed by automobile air conditioners.
4
The State of Hawaii cannot wait for CFC substitutes to be
5 adopted by industry nor can it wait for international
6 negotiations to attempt to solve the problem. Already skin
7 cancers in Hawaii are at near-epidemic proportions. Tourists are
8 beginning to consider less-sunny destinations for their
9 vacations. The legislature finds that the State must act now.
10
The purpose of this part is to take prompt, strong, local
11 action to decrease the amount of CFCs escaping into the
12 atmosphere by prohibiting over-the-counter sales of refrigerants,
13 raising the standards of repair facilities, and promoting
14 recovery and recycling of CFCs in this state.
15
$342-
Definitions. As used in this part, unless the
16 context otherwise requires:
17
"CFC" means a chlorofluorecarbon gas or liquid used as a
18 coolant or refrigerant.
19
"Mobile air conditioner" means an air conditioner designed
20 for installation in & motor vehicle.
21
"Recycled CFCs" means CFCs that have been recovered from a
22 device and purified for reuse.
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S.B. NO.
PRESERVATION
1
"Vampire" means a device used to recover, or to recover and
2 to purify, CFCs from a device for later reuse.
3
#342-
Prohibited acts. No person in this state shall:
4
(1) sell or offer for sale CFC coolant suitable for use in
5
mobile air conditioners in containers smaller than 15
6
pounds net,
7
(2) Perform service on mobile air conditioners,
8
refrigerators, or freezers in violation of rules
9
adopted under this part concerning equipment servicing
10
and vampire use:
11
(3) Cause or allow CFCs to be released into the air from
12
any source in violation of rules adopted under this
13
part; or
14
(4) Dispose of a refrigerator, freezer, mobile air
15
conditioner, or a motor vehicle with a mobile air
16
conditioner in violation of rules adopted under this
17
part concerning equipment disposal and vampire use.
18
$342-
Rules. The department shall adopt rules necessary
19 for the purposes of this part including, but not limited to
20 rules:
21
(1) Approving vampires for use in this state and detailing
22
procedures for using them:
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PRESERVATION
1
(2) Requiring use of approved vampires before performing
2
service on mobile air conditioners, refrigerators, and
3
freezers and requiring the use of recycled coolants
4
whenever possible to recharge repaired units;
5
(3) Establishing procedures for disposal of the items in
6
section 342-
that include mandatory recovery and
7
recycling of CICS,
8
(4) Providing incentives for the purchase of vampires such
9
as a deposit-refund system for new equipment eontaining
10
CFCs, a bounty on illegally discarded units containing
11
CFCs or other incentives the department considers
12
appropriate,
13
(5) Governing the provision of classes by the department
14
concerning CFC recovery and recycling methods and
15
equipment to persons engaged, or considering becoming
16
engaged in, a business or government function that
17
involves equipment containing CFCs; and
18
(6) Providing for a permit program for persons who wish to
19
handle CFCs, if the department determines a permit
20
program is necessary,
21
5342-
Penalty. Any person who violates this part or any
22 rule adopted by the department pursuant to this part shall be
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S.B.NO.
PHOTOCOPY
PRESERVATION
1 fined not more than $10,000 for each suparate offense. Each date
2 of violation shall constitute a separate offense. Any action
3 taken to impose or collect the penalty provided for in this
4 section shall be considered a civil action."
3
SECTION 2. This Act shall take effect upon its approval,
6 except Section 342- (1), which shall take effect three months
7 after this Act is approved.
8
9
INTRODUCED BY:
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101st CONGRESS
1st SESSION
S.
To phaseout production of certain ozone-depleting chemicals;
to institute a policy promoting safe alternatives to ozone-
depleting chemicals; and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 1, 1989
Mr. Gore (for himself and Mr.
) introduced
the following bill; which was read twice and
.
A BILL
To phaseout production of certain ozone-depleting chemicals;
to institute a policy promoting safe alternatives to ozone-
depleting chemicals; and for other purposes.
Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Upper-Ozone Chemicals Act
of 1989. "
SEC. 2. FINDINGS.
The Congress finds that because no level of
stratospheric ozone depletion or global climate change
caused by human activities can be deemed safe --
(1) emissions of chlorofluorocarbons and other
substances covered by this Act, including halogenated
carbons with ozone-depleting potential, should be terminated
rapidly;
(2) the highest priority must be given to developing
and deploying safe alternative chemicals and technologies to
replace ozone-depleting substances within five years; and
(3) production of the most dangerous ozone-
depleting substances must be phased out within five years,
and production of other ozone-depleting substances must be
phased out over a ten-year period.
SEC. 3. OBJECTIVES AND NATIONAL GOAL.
(a) The objectives of the Act are to protect human
health and natural ecosystems from all known and potential
dangers due to depletion of the stratospheric ozone layer,
which is or would be caused by consumer products containing
chlorofluorocarbons, halons, or other chemicals covered by
this Act by --
-2-
(1) phasing out production of the most dangerous
ozone-depleting substances within five years; and
(2) promoting the development of safe alternatives
to the use of the chlorofluorocarbons and other chemicals
covered by this Act.
(b) In order to achieve the objectives of this Act, it
is the national goal to phaseout production of chemicals
with the potential for depleting stratospheric ozone.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) The term "Administrator" means the Administrator
of the Environmental Protection Agency.
(2) The term "household appliances" means non-
commercial personal effects, including air-conditioners,
refrigerators, and motor vehicles.
(3) 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.
(4) The term "manufactured substance" means any
organic or inorganic chemical of a particular molecular
identity, or any mixture, that has been manufactured for
commercial purposes.
-3-
(5) The term "medical purposes" means medical devices
and diagnostic products (A) for which no safe substitute has
been developed and (B) that, after notice and opportunity
for public comment, have been approved and determined to be
essential by the Commissioner of the Food and Drug
Administration, in consultation with the Administrator.
(6) The term "person" means an individual, corporation
(including a government corporation), partnership, firm,
joint stock company, trust, association, or any other
private entity, or any officer, employee, agent, department,
or instrumentality of the Federal Government, or of any
State or political subdivision thereof (including any
interstate body), or of any foreign government (including
any international instrumentality).
(7) The term "ozone depletion potential" means the
chemical effectiveness with which a substance depletes
stratospheric ozone, relative to chlorofluorocarbon-11.
(8) The term "substances covered by this Act" means
those manufactured chemicals that are listed under
subsections (a) or (b) of section 5 of this Act.
SEC. 5. LISTING OF REGULATED SUBSTANCES.
(a) Priority Regulated Substances. -- Within sixty days
after the date of enactment of this Act, the Administrator
shall publish a priority list of manufactured substances
that are known or may reasonably be anticipated to cause or
contribute to stratospheric ozone depletion. The initial
list shall include chlorofluorocarbon-11,
chlorofluorocarbon-12, chlorofluorocarbon-113, halon-1211,
halon-1301, and carbon tetrachloride.
-4-
(b) Other Regulated Substances. Simultaneously with
publication of the priority list, the Administrator shall
publish a list of other manufactured substances that, in the
judgment of the Administrator, meet the criteria set forth
in the first sentence of subsection (a). The list of other
manufactured substances shall include chlorofluorocarbon-22,
chlorofluorocarbon-114, chlorofluorocarbon-115, methyl
chloroform, and methylene chloride. At least annually
thereafter, the Administrator shall publish a proposal to
add to such list each other manufactured substance that, in
the judgment of the Administrator, meets the criteria set
forth in the first sentence of subsection (a). Within one
hundred and eighty days after any such proposal, following
an opportunity for public comment, the Administrator shall
promulgate a regulation adding each such substance to the
list, unless the Administrator determines that such
substance clearly does not meet the criteria set forth in
the first sentence of subsection (a). At any time, the
Administrator may reclassify a substance from subsection (b)
to subsection (a), if concerns over protection of the
stratospheric ozone layer dictate such action.
(c) Ozone Depletion Factor. Simultaneously with
publication of the lists or additions thereto under this
section, and at least annually thereafter, the Administrator
shall assign to each listed substance a numerical value
representing the ozone depletion potential of each
manufactured substance, on a mass (per kilogram) basis, as
compared with chlorofluorocarbon-11. The numerical value
shall, for the purposes of section 9, constitute the ozone
depletion factor of each chemical. Until the Administrator
promulgates regulations under this subsection, the following
ozone depletion factors shall apply:
Chlorofluorocarbon-11
1.0
-5-
Chlorofluorocarbon-12
1.0
Chlorofluorocarbon-22
0.05
Chlorofluorocarbon-113
0.78
Carbon tetrachloride
1.06
Methyl chloroform
0.10
Halon-1211
2.69
Halon-1301
11.43
SEC. 6. REPORTING REQUIREMENTS.
(a) Priority Regulated Substances -- Within ninety days
after the date of enactment of this Act, each person
producing or importing a substance listed pursuant to
subsection (a) of section 5 of this Act shall file a report
with the Administrator setting forth the amount of the
substance that was produced or imported by such person
during calendar year 1986. Not less than annually
thereafter, each such producer or importer shall file a
report with the Administrator setting forth the production
levels of such substance in each successive twelve-month
period until such producer or importer ceases production or
importation of the substance. Each such report shall be
signed and attested by a responsible corporate officer.
(b) Other Regulated Substances
Within
ninety
days
after the date of enactment of this Act, each person
producing or importing a substance listed pursuant to
subsection (b) of section 5 of this Act shall file a report
with the Administrator setting forth the amount of the
substance that was produced or imported by such person
during the twelve months preceding the date of listing. Not
less than annually thereafter, each such producer or
importer shall file a report with the Administrator setting
forth the production or importation levels of such
-6-
substance in each successive twelve-month period until such
producer or importer ceases production or importation of the
substance. Each such report shall be signed and attested by
a responsible corporate officer.
SEC. 7. PRODUCTION PHASEOUT.
(a) Effective one year after the date of enactment of
this Act, it shall be unlawful for any person to produce a
substance listed pursuant to subsection (a) of section 5 of
this Act in annual quantities greater than that produced by
such person during calendar year 1986.
(b) Effective two years after the date of enactment of
this Act, it shall be unlawful for any person to produce a
substance listed pursuant to subsection (a) of section 5 of
this Act in annual quantities greater than 75 per centum of
that produced by such person during calendar year 1986.
(c) Effective three years after the date of enactment
of this Act, it shall be unlawful for any person to produce
a substance listed pursuant to subsection (a) of section 5
of this Act in annual quantities greater than 50 per centum
of that produced by such person during calendar year 1986.
(d) Effective four years after the date of enactment of
this Act, it shall be unlawful for any person to produce a
substance listed pursuant to subsection (a) of section 5 of
this Act in annual quantities greater than 5 per centum of
that produced by such person during calendar year 1986.
(e) Effective five years after the date of enactment of
this Act, it shall be unlawful for any person to produce a
-7-
substance listed pursuant to subsection (a) of section 5 of
this Act for any use other than medical purposes.
(f) Effective ten years after the date of enactment of
this Act, it shall be unlawful for any person to produce a
substance listed pursuant to section 5 of this Act for any
use other than for medical purposes.
SEC. 8. LIMITATION ON USE.
(a) Effective five years after the date of enactment of
this Act, it shall be unlawful to introduce into interstate
commerce or to use a substance listed under subsection (a)
of section 5 of this Act except for medical purposes
approved by the Commissioner of the Food and Drug
Administration, in consultation with the Administrator, and,
during a period not to extend beyond January 1, 2005,
for purposes of maintaining and servicing household
appliances.
(b) Effective ten years after the date of enactment of
this Act, it shall be unlawful to introduce into interstate
commerce or to use a substance listed under subsection (b)
of section 5 of this Act except for medical purposes
approved by the Commissioner of the Food and Drug
Administration, in consultation with the Administrator, and,
during a period not to extend beyond January 1, 2005,
for purposes of maintaining and servicing household
appliances. For purposes of this subsection and section
7(f), a manufacturing process utilizing such a substance
solely as an intermediate in a manufacturing process in
which the substance is wholly consumed and none is released
does not constitute a use.
-8-
SEC. 9. LIMITATION ON OZONE DEPLETION POTENTIAL.
(a) Effective one year after the date of enactment of
this Act, it shall be unlawful for any person to produce
substances covered by this Act in annual quantities that,
based upon the ozone depletion factor assigned to each
substance under subsection (c) of section 5 of this Act,
yield a total ozone depletion potential greater than that
produced by such person during calendar year 1986.
(b) Effective two years after enactment of this Act, it
shall be unlawful for any person to produce substances
covered by this Act in annual quantities that, based upon
the ozone depletion factor assigned to each substance under
subsection (c) of section 5, yield a total ozone depletion
potential greater than 75 per centum of that produced by
such person during calendar year 1986.
(c) Effective three years after enactment of this Act,
it shall be unlawful for any person to produce substances
covered in this Act in annual quantities that, based upon
the ozone depletion factor assigned to each substance under
subsection (c) of section 5, yield a total ozone depletion
potential greater than 50 per centum of that produced by
such person during calendar year 1986.
(d) Effective four years after enactment of this Act,
it shall be unlawful for any person to produce substances
covered in this Act in annual quantities that, based upon
the ozone depletion factor assigned to each substance under
subsection (c) of section 5, yield a total ozone depletion
potential greater than 5 per centum of that produced by such
person during calendar year 1986.
-9-
(e) Effective five years after enactment of this Act,
it shall be unlawful for any person to produce a substance
listed pursuant to section 5(a) of this Act for any use
other than for medical purposes.
(f) If the Administrator determines that such revised
or specific schedule is necessary to protect human health
and the environment based on new information regarding the
harmful effects on the stratosphere or climate that may be
associated with a listed substance, or is attainable, based
on the availability of substitutes for a listed substance,
the Administrator shall promulgate regulations, after notice
and opportunity for public comment, which require each
producer to reduce its production of the substance--
(1) if the substance is listed under subsection (a)
of section 5 of this Act, more rapidly than the schedule
provided under this Act; or
(2) if the substance is listed under subsection (b)
of section 5, on a specific schedule not otherwise provided
for in this Act.
Any person may petition the Administrator to revise such
regulations within one hundred and eighty days after receipt
of any such petition, unless the Administrator has
previously denied the petition.
SEC. 10. PRODUCTION PHASEOUT EXCEPTION FOR NATIONAL
SECURITY.
(a) The President may issue such orders regarding
production and use of halon-1211 and halon-1301 at any
specified site or facility as may be necessary to protect
-10-
the national security interests of the United States if the
President personally finds that adequate substitutes are not
available and that the production and use of such substance
is necessary to protect such national security interests.
Such orders may include, where necessary to protect such
interests, an exemption from any requirement contained in
this Act. The President shall notify the Congress within
thirty days of the issuance of an order under this paragraph
providing for any such exemption. Such notification shall
include a statement of the reasons for granting the
exemption. An exemption under this paragraph shall be for a
specified period which may not exceed one year. Additional
exemptions may be granted, each upon the President's
issuance of a new order under this paragraph. Each such
additional exception shall be for a specified period that
shall not exceed one year. No exemption shall be granted
under this paragraph due to lack of appropriation unless the
President shall have specifically requested such
appropriation as a part of the budgetary process and the
Congress shall have failed to make available such requested
appropriation.
(b) The Secretary of Defense shall seek to eliminate
all emissions of halon-1211 and halon-1301 that presently
occur during the testing of fire-extinguishing equipment.
In so doing, the Secretary of Defense shall investigate the
feasibility of testing such equipment with alternative
methods that do not result in the release of halon-1211 and
halon-1301 into the atmosphere.
SEC. 11. CERTIFICATION OF EQUIVALENT FOREIGN PROGRAMS.
(a) Imports Effective twelve months after the date
on which a substance is placed on the priority list pursuant
-11-
to section 5 of this Act, it shall be unlawful for any
person to import such substance, any product containing such
substance, or any product manufactured with a process that
uses such substance unless the Administrator, in
consultation with the Secretary of State, has published a
decision, after notice and opportunity for public comment,
certifying that the nations in which such substance or
product was manufactured and from which such substance or
product is imported have established and are fully
implementing programs that require reduced production of
such listed substances, and limit production of other
substances covered by this Act, on a schedule and in a
manner at least as stringent as the reduction schedule for,
and limitations on, domestic production that apply under
this Act. The prohibition on the import of any product
manufactured with a process that uses a substance listed
under subsection (a) of section 5 shall include, after
notice and opportunity for public comment, any product that
the Administrator has reason to believe may have been
manufactured with a process that uses such substance. The
Administrator's decision that a product may have been
manufactured with a process that uses such substance shall
constitute a rebuttable presumption.
(b) Certification of Foreign Programs -- The
Administrator shall not certify any foreign program under
subsection (a) unless it is determined that--
(1) the nation involved has adopted legislation or
regulations that gives the reduction schedule for each
listed substance the force of law; and
(2) such legislation or regulations include reporting
requirements and enforcement provisions no less stringent
than those specified in this Act, and that the information
-12-
contained in such reports is available to the Administrator
and the Secretary of State.
(c) Revocation At least annually, the Administrator,
in consultation with the Secretary of State, shall review
each certification made under this section and shall revoke
such certification, after notice and opportunity for public
comment, unless it is determined that the conditions of
subsections (a) and (b) remain satisfied and that the
reduction schedule for each listed substance is in fact
being carried out in such nations. Any such revocation
shall take effect one hundred and eighty days after notice
of the revocation has been published.
(d) Allocation Any person who imports a substance
covered by this Act or a product containing such substance
shall, for the purposes of applying the provisions of
section 7 and section 9, be deemed to have produced an
equivalent amount of such substance on the date of such
importation.
SEC. 12. MANUFACTURE AND DISPOSAL.
(a) Manufacture. -- Effective July 1, 1991
(1) No person shall manufacture, process, distribute
in commerce or otherwise use (except for medical purposes)
any listed substance in any manner other than a totally
enclosed manner. "Totally enclosed" means that during the
lifetime of the good in question not more than 5 per centum
of the original charge or volume of such substance will be
released during the course of ordinary and customary use of
such good, including repairs or disposal.
-13-
(2) No person shall manufacture, process, distribute
in commerce, or otherwise use (except for medical purposes)
a listed substance in a totally enclosed manner without--
(A) installing on such device a servicing
aperture that will allow service and repair of such good
with release of only de minimis amounts of such substance,
(B) assuring the availability and actual use
of servicing equipment adequate to assure the achievement of
no more than a de minimis release of such substance.
(b) Disposal. -- Effective January 1, 1991--
(1) A substance listed pursuant to this Act shall be
deemed to meet the requirements of section 3001 of the
Resource Conservation and Recovery Act.
(2) A substance listed pursuant to this Act shall be
disposed of only through incineration or other means that
assures 99 per centum destruction of such substance.
(3) Any appliance, machine, or other good containing
a listed substance in bulk (including refrigerators and air
conditioners) shall be accepted for disposal only by persons
licensed to accept such goods and shall be disposed of only
after such substance has been removed from confinement and
destroyed pursuant to the requirements of this Act. Unless
and until regulations establishing a program for approving,
licensing, and assuring the financial responsibility of
persons to accept goods containing such substances are
promulgated, only governmental entities, or their agents,
contractors or employees, are authorized to accept such
goods.
-14-
(4) No listed substance shall be vented into the
atmosphere or otherwise released in a fashion that permits
it to enter the environment in other than de minimus
quantities.
(5) Any product in which a listed substance has been
incorporated so as to constitute an inherent element of such
product, including rigid and soft foams, shall be disposed
of only through incineration or other means that result in
not less than 99 per centum destruction.
(c) For purposes of this section a "de minimis" amount
is 0.050 per centum of the total charge of such substance or
five pounds, whichever is less, released during a period of
twelve months.
SEC. 13. SAFE ALTERNATIVES POLICY.
(a) Policy. -- The substances listed in section 5 of
this Act shall, to the maximum extent practicable, be
replaced by chemicals, product substitutes, or alternative
manufacturing processes that reduce overall risks to public
health and the environment.
(b) Reviews and Report The Administrator shall
initiate, not less than thirty days after the date of
enactment of this Act, a review of relevant professional,
technical, and scientific sources that may contain
information concerning chemicals, product substitutes, or
alternative manufacturing processes that are potential
replacements for the substances listed in section 5 of this
Act. The Administrator shall report interim findings to the
Congress no later than six months after the date of
-15-
enactment of this Act. A final report shall be published no
later than one year after the date of enactment of this Act.
(c) Report Findings The report required under
section (b) shall include the Administrator's findings with
regard to--
(1) the identity of potential replacement
chemicals, product substitutes, or alternative production
processes;
(2) a chemical profile or an abstract that
describes each replacement chemical, product substitute, or
alternative production process identified pursuant to
paragraph 1, and any health or environmental hazards,
including the potential for contributing to the greenhouse
effect and stratospheric ozone depletion; and
(3) the earliest date by which each replacement
chemical, product substitute, or alternative production
process identified pursuant to paragraph 1 could be made
available for commercial use.
(d) Additional Measures The Administrator shall
require all producers of replacement chemicals for the
substances listed in section 5 of this Act to provide the
Environmental Protection Agency with all published and
unpublished health and safety studies on such replacement
chemicals, and shall require all such producers to notify
the Environmental Protection Agency at least sixty days
before such replacement chemicals are introduced for
commercial use.
(e) Annual Updating -- The Administrator shall update
the report required by section (b), on an annual basis.
-16-
SEC. 14. FEDERAL ENFORCEMENT.
(a) Compliance Orders
(1) Whenever on the basis of any information the
Administrator determines that any person has violated or is
in violation of any requirement of this Act, the
Administrator may issue an order assessing a civil penalty
for any past or current violation, requiring compliance
immediately or within a specified time period, or both, or
the Administrator may commence, in the United States
district court in the district in which the violation
occurred, a civil action for appropriate relief, including a
preliminary or permanent injunction.
(2) Any order issued pursuant to this subsection may
include a suspension or revocation of any permit issued by
the Administrator under this Act and shall state with
reasonable specificity the nature of the violation. Any
penalty assessed in the order shall not exceed $25,000 for
each violation of a requirement of this Act. In assessing
such a penalty the Administrator shall take into account the
seriousness of the violation and any good faith efforts to
comply with applicable requirements.
(b) Public Hearing Any order issued under this
section shall become final unless, no later than thirty days
after the order is served, the person or persons named
therein request a public hearing. Upon such request the
Administrator shall promptly conduct a public hearing. In
connection with any proceeding under this section the
Administrator may issue subpoenas for the attendance and
testimony of witnesses and the producton of relevant papers,
books, and documents, and may promulgate rules for discovery
procedures.
-17-
(c) Violation of Compliance Orders If a violator
fails to take corrective action within the time specified in
a compliance order, the Administrator may assess a civil
penalty of not more than $25,000 for each day of continued
noncompliance with the order and the Administrator may
suspend or revoke any permit issued to the violator under
this Act.
(d) Criminal Penalties
Any person who
(1) knowingly exceeds the production limits under
section 7 or section 9.
(2) knowingly introduces into interstate commerce a
consumer product that is in violation of section 5, 6, or
9;
(3) knowingly imports a substance listed under
subsection (a) of section 5, a product containing such
substance, or a product manufactured with a process that
uses such a substance, in violation of section
7;
(4) knowingly introduces into interstate commerce a
substance or product in violation of section 8;
(5) knowingly omits material information or makes any
false material statement or representation in any
application, record, report, permit, or other document
filed, maintained, or used for purposes of compliance with
this Act;
(6) knowingly produces, transports, distributes, or
uses consumer products containing a substance listed under
-18-
section 5, or a product manufactured with a process that
uses such a substance; or
(7) knowingly destroys, alters, conceals, or fails to
file any record, application, report, or other document
required to be maintained or filed for purposes of
compliance with this Act
shall, upon conviction, be subject to a fine in accordance
with title 18 of the United States Code for each day of a
violation, or imprisonment not to exceed two years, or both.
If conviction is for a violation committed after a first
conviction of such person under this paragraph, the maximum
applicable punishment shall be doubled with respect to both
fine and imprisonment.
(e) Violations Each day of violation of any
requirement of this Act shall, for purposes of this section,
constitute a separate violation.
SEC. 15. JUDICIAL REVIEW OF FINAL REGULATIONS AND CERTAIN
PETITIONS.
Any judicial review of any final action of the
Administrator pursuant to this Act shall be in accordance
with sections 701 through 706 of title 5 of the United
States Code, except that
(1) a petition for review of any final action of the
Administrator may be filed by any interested person in the
Circuit Court of Appeals of the United States for the
Federal judicial district in which such person resides or
transacts business, and such petition shall be filed within
the ninety day period beginning on the date of such filed
-19-
action or after such period if such petition is for review
based solely on grounds arising after such period;
(2) action of the Administrator with respect to which
review could have been obtained under this subsection shall
not be subject to judicial review in civil or criminal
proceedings for enforcement; and
(3) if a party seeking review under this Act applies
to the court for leave to adduce additional evidence, and
shows to the satisfaction of the court that the information
is material and that there were reasonable grounds for the
failure to adduce such evidence in the proceeding before the
Administrator, the court may order such additional evidence
(and evidence in rebuttal therof) to be taken before the
Administrator, and to be adduced upon the hearing in such
manner and upon such terms and conditions as the court may
deem proper; the Administrator may modify administrative
findings as to the facts, or make new findings, by reason of
the additional evidence so taken, and shall file with the
court such modified or new findings and the Administrator's
recommendation, if any, for the modification or setting
aside of the original administrative order, with the return
of such evidence.
SEC. 16. CITIZEN SUITS.
(a) In General
Except as provided in subsection (b)
or (c) of this section, any person may commence a civil
action on his own behalf
(1) against any person (including the United States
and any other governmental instrumentality or agency, to the
extent permitted by the eleventh amendment to the
-20-
Constitution) who is alleged to be in violation of any
permit, regulation, condition, requirement, prohibition, or
order which has become effective pursuant to this Act; or
(2) against the Administrator where there is alleged
a failure of the Administrator to perform any act or duty
under this Act which is not discretionary with the
Administrator.
Any action under paragraph (1) of this subsection shall be
brought in the United States district court for the district
in which the alleged violation occurred. Any action brought
under paragraph (2) of this subsection may be brought in the
United States district court for the district in which the
alleged violation occured or the District Court of the
District of Columbia. The district court shall have
jurisdiction, without regard to the amount in controversy or
the citizenship of the parties, to enforce the permit,
regulation, condition, requirement, prohibition, or order,
referred to in paragraph (1), to order such person to take
such other action as may be necessary, or both, or to order
the Secretary to perform the act or duty referred to in
paragraph (2), as the case may be, and to apply any
appropriate civil penalties under section 13.
(b) Actions Prohibited No action may be commenced
under subsection (a) (1) of this section
(1) prior to sixty days after the plaintiff has given
notice of the violation to
(A) the Administrator; and
-21-
(B) to any alleged violator of such permit,
regulation, condition, requirement, prohibition, or order;
or
(2) if the Administrator has commenced and is
diligently prosecuting a civil or criminal action in a court
of the United States to require a compliance with such
permit, regulation, condition, requirement, prohibition, or
order.
In any action under subsection (a) (1), any person may
intervene as a matter of right. Any action respecting a
violation under this Act may be brought under this section
only in the judicial district in which such alleged
violation occurs.
(c) Notice
No action may be commenced under
paragraph (a) (2) of this section prior to sixty days after
the plaintiff has given notice to the Secretary that he will
commence such action. Notice under this subsection shall be
given in such manner as the Secretary shall be given in such
manner as the Secretary shall prescribe by regulation.
(d) Intervention.
In any action under this section
the Administrator, if not a party, may intervene as a matter
of right.
(e) Costs The court, in issuing any final order in
any action brought pursant to this section or section 14,
may award costs of litigation (including reasonable attorney
and expert witness fees) to the prevailing or substantially
prevailing party, whenever the court determines such an
award is appropriate. The court may, if a temporary
restraining order or preliminary injunction is sought,
-22-
require the filing of a bond or equivalent security in
accordance with Federal Rules of Civil Procedure.
(f) Other Rights Preserved Nothing in this section
shall restrict any right which any person (or class of
persons) may have under any statute or common law to seek
enforcement of any standard or requirement or to seek any
other relief (including relief against the Administrator).
SEC. 17. SEPARABILITY.
If any provision of this Act, or the application of any
provision of this Act to any person or circumstance, is held
invalid, the application of such provision to other persons
or circumstances, and the remainder of this Act, shall not
be affected thereby.
SEC. 18. RELATIONSHIP TO OTHER LAWS.
(a) Nothing in this Act shall be construed to alter or
affect the authority of the Administrator under the Clean
Air Act or the Toxic Substances Control Act or to affect the
authority of any other department, agency, or
instrumentality of the United States under any provision of
law to promulgate or enforce any requirement respecting
control of any substance, practice, process, or activity for
purposes of protecting the statosphere or ozone in the
statosphere.
(b) Nothing in this Act shall preclude or deny any
State or political subdivision thereof from adopting or
enforcing any requirement respecting the control of any
-23-
substances, practice, process, or activity for the purposes
of protecting the stratosphere or ozone in the statosphere.
SEC. 19. AUTHORITY OF ADMINISTRATION.
The Administrator is authorized to prescribe such
regulations as are necessary to carry out this Act.
-24-
Clinton Presidential Records
Digital Records Marker
This is not a presidential record. This is used as an administrative
marker by the William J. Clinton Presidential Library Staff.
This marker identifies the place of a publication.
Publications have not been scanned in their entirety for the purpose
of digitization. To see the full publication please search online or
visit the Clinton Presidential Library's Research Room.
II
101ST CONGRESS
1ST SESSION
S.872
To phaseout production of certain ozone-depleting chemicals; to institute a policy
promoting safe alternatives to ozone-depleting chemicals, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MAY 1 (legislative day, JANUARY 3), 1989
Mr. GORE introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
A
BILL
To phaseout production of certain ozone-depleting chemicals; to
institute a policy promoting safe alternatives to ozone-
depleting chemicals, and for other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4
This Act may be cited as the "Upper-Ozone Chemicals
5 Act of 1989".
6 SEC. 2. FINDINGS.
7
The Congress finds that because no level of strato-
8 spheric ozone depletion or global climate change caused by
9 human activities can be deemed safe-
Clinton Presidential Records
Digital Records Marker
This is not a presidential record. This is used as an administrative
marker by the William J. Clinton Presidential Library Staff.
This marker identifies the place of a publication.
Publications have not been scanned in their entirety for the purpose
of digitization. To see the full publication please search online or
visit the Clinton Presidential Library's Research Room.
II
101ST CONGRESS
1ST SESSION
S.872
To phaseout production of certain ozone-depleting chemicals; to institute a policy
promoting safe alternatives to ozone-depleting chemicals, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MAY 1 (legislative day, JANUARY 3), 1989
Mr. GORE introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
A
BILL
To phaseout production of certain ozone-depleting chemicals; to
institute a policy promoting safe alternatives to ozone-
depleting chemicals, and for other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4
This Act may be cited as the "Upper-Ozone Chemicals
5 Act of 1989".
6 SEC. 2. FINDINGS.
7
The Congress finds that because no level of strato-
8 spheric ozone depletion or global climate change caused by
9 human activities can be deemed safe-
Whirlpool
ADMINISTRATIVE CENTER . BENTON HARBOR, MICHIGAN 49022
GOVERNMENT AND PUBLIC AFFAIRS . (616) 926-3219
A.J. TAKACS
VICE PRESIDENT
Rick
June 26, 1989
The Honorable Albert Gore, Jr.
United States Senate
Washington, DC 20510
Dear Al:
The depletion of the ozone layer, caused by chloro-
fluorocarbons (CFCs), is an issue of very current concern.
It is, therefore, vital that commitments be made to attack
this problem from the very highest levels. Attached is a
statement by the Whirlpool Corporation Chairman, CEO and
President, David R. Whitwam, regarding the CFCs used in
home appliances. We hope you will find this commitment of
interest.
Sincerely,
andy
AJT/h
Attachment
A
WHIRLPOOL CORPORATION
STATEMENT
BY
DAVID R. WHITWAM
CHAIRMAN, CEO AND PRESIDENT
* * * * *
A
COMMITMENT TO PHASE OUT
OZONE-DEPLETING
CHEMICALS
June 1989
WHIRLPOOL CFC STATEMENT
The worldwide ozone depletion controversy and the use of
chlorofluorocarbons (CFCs) in home appliances has been addressed head-on
by Whirlpool Corporation Chairman and CEO, David R. Whitwam, when he
"committed the company worldwide to phase out the use of ozone-depleting
CFCs at the earliest possible date."
Whitwam stated that global environmental concerns about the ozone
layer directly affects domestic refrigerators and freezers since they use
CFCs as a refrigerant and for insulation purposes. "As soon as safe
acceptable substitutes are commercially available for CFC-11 and CFC-12,
we will begin the process of phasing out our use of those materials,"
according to Whitwam.
In addition, Whitwam emphasized that the conflicting U.S.
Government mandates which require a CFC phase-out along with appliance
energy efficiency improvements have created a dilemma for the U.S.
appliance industry. CFCs have been an important factor in the dramatic
energy efficiency improvements in refrigerators and freezers in the U.S.
over the past fifteen years. However, preliminary tests of the most
promising substitutes to date indicate they will be less energy efficient
than currently used CFCs. Resolving these conflicting government
mandates is critical to the global CFC-ozone controversy, as the U.S. is
virtually the only nation that is facing both mandatory energy standards
and CFC phase-out, Whitwam stated.
"Whirlpool has been testing and evaluating alternatives for quite
some time," he concluded, "and we will continue to do so until
environmentally safe and energy efficient substitutes are available for
mass production."
# # #
June, 1989
Davis Heating 8 Air Conditioning, Inc.
COMMERCIAL, INDUSTRIAL, RESIDENTIAL SALES & SERVICE
TELEPHONE
P.O. BOX 3182
472-4692
635 MIMOSA DRIVE, N.W.
CLEVELAND. TENNESSEE 37311
June 27, 1989
The Honorable Senator Albert Gore
Rick
U.S. Senate
393 Russell Senate Office Building
Washington, D.C. 20510
Dear Senator Gore:
I am opposed to a provision in the Fiscal Year (FY '90) Bush Budget
that would tax chloroflourocarbons (CFCs).
halogenated of CFCs or refrigerant into the atmosphere through a variety
Stratospheric ozone depletion is caused primarily by emitting fully
ways, including air conditioning.
In an attempt to reduce CFC emissions, the Bush FY '90 budget
proposal contains a section which would raise $2 billion in revenue
over the next four years by implementing either the Environmental
Protection fee. Agency's (EPA) proposed auction system or a CFC user's
The auction system or the user's fee is a new tax. It would be
added cost passed on to the ultimate end-user and would not reduce an
CFC emissions. Neither would it help bring new chemicals and
used for continued federal spending.
equipment designs to the market sooner. The money raised would be
Industry is already voluntarily going beyond the CFC production
reductions specified in the Montreal Protocol and EPA's Production
Business, professional groups, trade associations, and federal
Quota system by aiming for an ultimate phase out by the year 2000.
agencies are working together to establish CFC recycling standards.
As an air conditioning contractor, I am informing my employees and
customers on this issue, and educating myself to the new service
techniques that are available or might be available in the near
tax! future. These continued efforts will solve the ozone problem, not a
other measures that would tax CFCs.
I urge you to oppose this section of the FY '90 Bush Budget and any
Sincerely,
alien L. Dains
CH-1 REV. 7-80
OUPONT
of
ESTABLISHED 1802
E. 1. DU PONT DE NEMOURS & COMPANY
INCORPORATED
WILMINGTON, DELAWARE 19898
April 12, 1989
CHEMICALS AND PIGMENTS DEPARTMENT
The Honorable John D. Dingell
Chairman, Subcommittee on Oversight and
IPA
Investigations
U.S. House of Representatives
2221 Rayburn House Office Building
Washington, D.C. 20515-2216
Dear Congressman Dingell:
This letter is in response to your requests for our
comments in your letter of March 14, 1989 to the Honorable
William Reilly. As an overview, Du Pont is committed to an
orderly transition to a total phaseout of our production of CFC's
and Halons as soon as possible, and no later than the turn of the
century. The development of safe substitutes or alternate
technologies is essential if an orderly phaseout is to be
accomplished. Du Pont will make its best efforts to pursue as
rapidly as possible the development and commercialization of the
prospective products we have to offer as substitutes. The effort
will require a significant commitment of research and capital
resources, and success can not be guaranteed. It is possible
that none of Du Pont's prospective product offerings will meet
the social, political and economic hurdles to commercialization
during the next decade.
To clarify the two statements attributed to Du Pont
spokespersons, I offer the following:
(1) I am not aware of any new substitute which would
cost only 5% more than the CFC it would replace. The food
packaging industry has switched from CFC-12 to HCFC-22 at a
modest (less than 10%) cost increase due to synergistic favorable
cost and performance factors. It still seems to be appropriate
to use our previous ballpark estimates that the substitutes we
may have to offer from the fluorocarbon family will cost two to
five times the CFC's they will replace. I regard the pace of
Du Pont's substitute development efforts to be exemplary, and
ahead of our schedule, although I am not aware of the source of
Mr. Reilly's statement attributed to Du Pont.
(2) Preventing the construction of new CFC plants is an
expected and desirable effect of our export policy. Unless
developing nations are assured a supply of CFC's during the
transition, they may be tempted to build their own CFC plants.
We plan to serve our existing export markets as allowed by the
Montreal Protocol and the EPA regulations. In so doing, we will
- 2 -
be able to assist our developing nation customers in effecting an
orderly transition via purchases of alternatives to permit a
total phaseout near the turn of the century. As a result of our
customer interfaces throughout the world, I believe we have had a
constructive influence on nations who are proceeding with their
ratification process.
While we are pleased with the progress we have made to
date, we share your concern about the many hurdles that still
remain before commercialization of CFC substitutes is possible.
You have noted several in your letter to Mr. Reilly. First and
foremost is the ability of the user industries to develop new
products and/or processes to accommodate the substitutes which we
or others may have to offer. These substitutes will be much
higher in cost and technically different in performance relative
to the CFC's they would replace. Secondly, the uncertainty of
the long-term environmental acceptability of the so called HCFC's
and threats of regulation will have to be resolved before
producers or users can justify significant investment to
commercialize products such as HCFC-123 and HCFC-141b, which are
replacement candidates for CFC-11. Industry is investigating the
toxicology, global warming potential, and ozone depletion
potential of these compounds. Preliminary results on toxicology,
plus peer reviewed and globally accepted ozone depletion
potentials and global warming effects should be available later
this year. However, both of these compounds contain chlorine,
and will likely be assigned ozone depletion potentials of 2% (for
123) to 10% (for 141b) of CFC-11. Industry (producers and users)
will have to be assured that this is environmentally and
politically acceptable before investment to commercialize will be
made. Proposed legislation which would ban HCFC-22 (ozone
depletion potential of 5% of CFC-11) will likewise have to be
resolved favorably to assure investors of long-term product life
cycles for the HCFC's and equipment that use them. Industry
cannot be expected to invest billions of dollars to produce
products and HCFC-using capital equipment that will be regulated
in the future. There is an urgent need for a regulatory process
which would develop a consensus position on the viability of the
HCFC's. We urge again that the EPA invoke the regulatory
negotiation process to achieve societal consensus.
In an effort to demonstrate a commitment to support
market development, Du Pont has invested in several pilot plant
and small scale production facilities, including a +$25 million
commercial unit to produce 134a, a refrigerant substitute for
CFC-12. This facility will start up in late 1990, well before
equipment will be available to use the product. While 134a has
no chlorine and, therefore, zero ozone depletion potential,
significant technical hurdles must be overcome before 134a can be
adopted by our customers for refrigeration or air conditioner
designs. Unfortunately, we have recently learned that the major
appliance manufacturers have ruled out 134a as a replacement for
CFC-12 due to its lower energy efficiency.
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In conclusion, further progress by producers and users
to accelerate the development of substitutes and demonstrate
their value in use will be restrained by these unresolved
environmental and political uncertainties. Input from users is
critical to development of an understanding of realistic
transition timing, and we welcome your suggestion that EPA
consult with both CFC users and producers about the obstacles
that remain. Indeed, the Federal Government itself, as a
significant user of CFC's for air conditioning of its office
buildings, can help by playing a leadership role in the
development of retrofit technology for its equipment and in the
process accelerate the pace of the development. Congress can
also help by resolving the regulatory uncertainty surrounding the
environmental acceptability of the HCFC compounds, and by
opposing counterproductive administration activities such as the
CFC auction/fee proposal. Any auction or fee on CFC's would
extract billions of dollars from the industry at the very time
that funds are needed to develop CFC alternatives and redesign
CFC using equipment at a cost of several billion dollars.
I would welcome the opportunity to discuss these
matters in detail with you and/or your staff at your earliest
convenience. Please feel free to contact me at (302) 774-3419 or
Bob Heine in our Washington office at 728-3618.
Sincerely,
Joseph Glas, pleas Director
Freon® Products Division
JPG:sbm
DINGELL. LTR
CC: The Honorable Thomas J. Bliley, Jr., Ranking Minority Member
Subcommittee on Oversight and Investigations
The Honorable James A. Baker, III, Secretary
Department of State
The Honorable James D. Watkins, Secretary
Department of Energy
The Honorable Normal F. Lent, Ranking Minority Member
Subcommittee on Oversight and Investigations
The Honorable Max Baucus, Chairman
Subcommittee on Hazardous Wastes and Toxic Substances
The Honorable John H. Chafee, Ranking Minority Member
Subcommittee on Environmental Protection
- 4 -
The Honorable George J. Mitchell, Chairman
Subcommittee on Environmental Protection
The Honorable Albert Gore, Jr.
Subcommittee on Science, Technology and Space
The Honorable Dave Durenberger, Ranking Minority Member
Subcommittee on Hazardous Wastes and Toxic Substances
Mr. Charles A. Bowsher, Comptroller General
General Accounting Office
Mr. Dale Myers, Administrator
National Air & Space Administration
Mr. Robert A. Traflet, President
Fluorine Products Division, Allied Signal, Inc.
Mr. Peter Mc Carthy, Vice President of Public Relations
Pennwalt Corporation
Mr. Kevin J. Fay, President
Alliance for Responsible CFC Policy