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42 U.S.C. § 7671f — Exchange authority
Federal law — U.S. Code and appendices · legal_authorities
**(a) Transfers** The Administrator shall, within 10 months after November 15, 1990, promulgate rules under this subchapter providing for the issuance of allowances for the production of class I and II substances in accordance with the requirements of this subchapter and governing the transfer of such allowances. Such rules shall insure that the transactions under the authority of this section will result in greater total reductions in the 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 7671a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671a&num=0&edition=prelim)) 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) e
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Source file: Laws/federal/codes/united-states-code/title-42/section-7671f-exchange-authority--8353b9dc12.md
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Source location: Title 42, Chapter 85, § 7671f; chapter-085-air-pollution-prevention-and-control.md
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**(a) Transfers** The Administrator shall, within 10 months after November 15, 1990, promulgate rules under this subchapter providing for the issuance of allowances for the production of class I and II substances in accordance with the requirements of this subchapter and governing the transfer of such allowances. Such rules shall insure that the transactions under the authority of this section will result in greater total reductions in the 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 7671a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671a&num=0&edition=prelim)) 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 subchapter,
(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 subchapter 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) List of class I substances** Within 60 days after November 15, 1990, the Administrator shall publish an initial list of class I substances, which list shall contain the following substances: Group I chlorofluorocarbon-11 (CFC–11) chlorofluorocarbon-12 (CFC–12) chlorofluorocarbon-113 (CFC–113) chlorofluorocarbon-114 (CFC–114) chlorofluorocarbon-115 (CFC–115) Group II halon-1211 halon-1301 halon-2402 Group III chlorofluorocarbon-13 (CFC–13) chlorofluorocarbon-111 (CFC–111) chlorofluorocarbon-112 (CFC–112) chlorofluorocarbon-211 (CFC–211) chlorofluorocarbon-212 (CFC–212) chlorofluorocarbon-213 (CFC–213) chlorofluorocarbon-214 (CFC–214) chlorofluorocarbon-215 (CFC–215) chlorofluorocarbon-216 (CFC–216) chlorofluorocarbon-217 (CFC–217) Group IV carbon tetrachloride Group V methyl chloroform The initial list under this subsection shall also include the isomers of the substances listed above, other than 1,1,2-trichloroethane (an isomer of methyl chloroform). Pursuant to subsection (c), the Administrator shall add to the list of class I substances any other substance that the Administrator finds causes or contributes significantly to harmful effects on the stratospheric ozone layer. The Administrator shall, pursuant to subsection (c), add to such list all substances that the Administrator determines have an ozone depletion potential of 0.2 or greater.
**(b) List of class II substances** Simultaneously with publication of the initial list of class I substances, the Administrator shall publish an initial list of class II substances, which shall contain the following substances: hydrochlorofluorocarbon-21 (HCFC–21) hydrochlorofluorocarbon-22 (HCFC–22) hydrochlorofluorocarbon-31 (HCFC–31) hydrochlorofluorocarbon-121 (HCFC–121) hydrochlorofluorocarbon-122 (HCFC–122) hydrochlor
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Federal law — U.S. Code and appendices · legal_authorities
Page 7456
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7671e
istrator shall also promulgate regulations to in-
sure that the consumption of class II substances
in the United States is phased out and termi-
nated in accordance with the same schedule
(subject to the same exceptions and other provi-
sions) as is applicable to the phase-out and ter-
mination of production of class II substances
under this subchapter.
(d) Exceptions
(1) Medical devices
(A) In general
Notwithstanding the termination of pro-
duction required under subsection (b)(2) and
the restriction on use referred to in sub-
section (a), the Administrator, after notice
and opportunity for public comment, shall,
to the extent such action is consistent with
the Montreal Protocol, authorize the pro-
duction and use of limited quantities of class
II substances solely for purposes of use in
medical devices if such authorization is de-
termined by the Commissioner, in consulta-
tion with the Administrator, to be necessary
for use in medical devices.
(B) Cap on exception
Under no circumstances may the authority
set forth in subparagraph (A) be applied to
authorize any person to produce a class II
substance in annual quantities greater than
10 percent of that produced by such person
during the baseline year.
(2) Developing countries
(A) In general
Notwithstanding the provisions of sub-
section (a) or (b), the Administrator, after
notice and opportunity for public comment,
may authorize the production of limited
quantities of a class II substance in excess of
the quantities otherwise permitted under
such provisions solely for export to and use
in developing countries that are Parties to
the Montreal Protocol, as determined by the
Administrator. Any production authorized
under this subse
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7671f
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