American innovation and manufacturing
42 U.S. Code § 7675. American innovation and manufacturing
(a) Short titleThis section may be cited as the “American Innovation and Manufacturing Act of 2020”.
(b) DefinitionsIn this section:(1) AdministratorThe term “Administrator” means the Administrator of the Environmental Protection Agency.
(2) AllowanceThe term “allowance” means a limited authorization for the production or consumption of a regulated substance established under subsection (e).
(3) ConsumptionThe term “consumption”, with respect to a regulated substance, means a quantity equal to the difference between—(A) a quantity equal to the sum of—(i) the quantity of that regulated substance produced in the United States; and
(ii) the quantity of the regulated substance imported into the United States; and
(B) the quantity of the regulated substance exported from the United States.
(4) Consumption baselineThe term “consumption baseline” means the baseline established for the consumption of regulated substances under subsection (e)(1)(C).
(5) Exchange valueThe term “exchange value” means the value assigned to a regulated substance in accordance with subsections (c) and (e), as applicable.
(6) ImportThe 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, regardless of whether that landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.
(7) Produce(A) In generalThe term “produce” means the manufacture of a regulated substance from a raw material or feedstock chemical (but not including the destruction of a regulated substance by a technology approved by the Administrator).
(B) ExclusionsThe term “produce” does not include—(i) the manufacture of a regulated substance that is used and entirely consumed (except for trace quantities) in the manufacture of another chemical; or
(ii) the reclamation, reuse, or recycling of a regulated substance.
(8) Production baselineThe term “production baseline” means the baseline established for the production of regulated substances under subsection (e)(1)(B).
(9) Reclaim; reclamationThe terms “reclaim” and “reclamation” mean—(A) the reprocessing of a recovered regulated substance to at least the purity described in standard 700–2016 of the Air-Conditioning, Heating, and Refrigeration Institute (or an appropriate successor standard adopted by the Administrator); and
(B) the verification of the purity of that regulated substance using, at a minimum, the analytical methodology described in the standard referred to in subparagraph (A).
(10) RecoverThe term “recover” means the process by which a regulated substance is—(A) removed, in any condition, from equipment; and
(B) stored in an external container, with or without testing or processing the regulated substance.
(11) Regulated substanceThe term “regulated substance” means—(A) a substance listed in the table contained in subsection (c)(1); and
(B) a substance included as a regulated substance by the Administrator under subsection (c)(3).
(c) Listing of regulated substances(1) List of regulated substancesEach of the following substances, and any isomers of such a substance, shall be a regulated substance:
CHF2CHF2 |
HFC–134 |
1100 |
CH2FCF3 |
HFC–134a |
1430 |
CH2FCHF2 |
HFC–143 |
353 |
CHF2CH2CF3 |
HFC–245fa |
1030 |
CF3CH2CF2CH3 |
HFC–365mfc |
794 |
CF3CHFCF3 |
HFC–227ea |
3220 |
CH2FCF2CF3 |
HFC–236cb |
1340 |
CHF2CHFCF3 |
HFC–236ea |
1370 |
CF3CH2CF3 |
HFC–236fa |
9810 |
CH2FCF2CHF2 |
HFC–245ca |
693 |
CF3CHFCHFCF2CF3 |
HFC–43–10mee |
1640 |
CH2F2 |
HFC–32 |
675 |
CHF2CF3 |
HFC–125 |
3500 |
CH3CF3 |
HFC–143a |
4470 |
CH3F |
HFC–41 |
92 |
CH2FCH2F |
HFC–152 |
53 |
CH3CHF2 |
HFC–152a |
124 |
CHF3 |
HFC–23 |
14800. |
(2) ReviewThe Administrator may—(A) review the exchange values listed in the table contained in paragraph (1) on a periodic basis; and
(B) subject to notice and opportunity for public comment, adjust the exchange values solely on the basis of—(i) the best available science; and
(ii) other information consistent with widely used or commonly accepted existing exchange values.
(3) Other regulated substances(A) In generalSubject to notice and opportunity for public comment, the Administrator may designate a substance not included in the table contained in paragraph (1) as a regulated substance if—(i) the substance—(I) is a chemical substance that is a saturated hydrofluorocarbon; and
(II) has an exchange value, as determined by the Administrator in accordance with the basis described in paragraph (2)(B), of greater than 53; and
(ii) the designation of the substance as a regulated substance would be consistent with the purposes of this section.
(B) Savings provision(i) In generalNothing in this paragraph authorizes the Administrator to designate as a regulated substance a blend of substances that includes a saturated hydrofluorocarbon for purposes of phasing down production or consumption of regulated substances under subsection (e), even if the saturated hydrofluorocarbon is, or may be, designated as a regulated substance.
(ii) Authority of AdministratorClause (i) does not affect the authority of the Administrator to regulate under this Act a regulated substance within a blend of substances.
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