Page:United States Statutes at Large Volume 104 Part 4.djvu/345

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PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2661 production in each year of class I and class II substances than would occur in that year in the absence of such transactions. "(b) INTERPOLLUTANT TRANSFERS. —(1) The rules under this section shall permit a production allowance for a substance for any year to be transferred for a production allowance for another substance for the same year on an ozone depletion weighted basis. "(2) Allowances for substances in each group of class I substances (as listed pursuant to section 602) may only be transferred for allowances for other substances in the same Group. "(3) The Administrator shall, as appropriate, establish groups of class II substances for trading purposes and assign class II substances to such groups. In the case of class II substances, allowances may only be transferred for allowances for other class II substances that are in the same Group. "(c) TRADES WITH OTHER PERSONS.— The rules under this section shall permit 2 or more persons to transfer production allowances (including interpollutant transfers which meet the requirements of subsections (a) and (b)) if the transferor of such allowances will be subject, under such rules, to an enforceable and quantifiable reduction in annual production which— "(1) exceeds the reduction otherwise applicable to the transferor under this title, "(2) exceeds the production allowances transferred to the transferee, and "(3) would not have occurred in the absence of such transaction. "(d) CONSUMPTION.—The rules under this section shall also provide for the issuance of consumption allowances in accordance with the requirements of this title and for the trading of such allowances in the same manner as is applicable under this section to the trading of production allowances under this section. "SEC. 608. NATIONAL RECYCLING AND EMISSION REDUCTION PROGRAM. 42 USC 767 Ig. "(a) IN GENERAL.— (1) The Administrator shall, by not later than Regulations. January 1, 1992, promulgate regulations establishing standards and requirements regarding the use and disposal of class I substances during the service, repair, or disposal of appliances and industrial process refrigeration. Such standards and requirements shall become effective not later than July 1, 1992. "(2) The Administrator shall, within 4 years after the enactment of the Clean Air Act Amendments of 1990, promulgate regulations establishing standards and requirements regarding use and disposal of class I and II substances not covered by paragraph (1), including the use and disposal of class II substances during service, repair, or disposal of appliances and industrial process refrigeration. Such standards and requirements shall become effective not later than 12 months after promulgation of the regulations. "(3) The regulations under this subsection shall include requirements that— "(A) reduce the use and emission of such substances to the lowest achievable level, and "(B) maximize the recapture and recycling of such substances. Such regulations may include requirements to use alternative substances (including substances which are not class I or class II substances) or to minimize use of clsiss I or class II substances, or to promote the use of safe alternatives pursuant to section 612 or any combination of the foregoing.