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42 U.S.C. § 7671m — Relationship to other laws

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7671m — Relationship to other laws

**(a) State laws** Notwithstanding [section 7416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7416&num=0&edition=prelim), during the 2-year period beginning on November 15, 1990, no State or local government may enforce any requirement concerning the design of any new or recalled appliance for the purpose of protecting the stratospheric ozone layer. **(b) Montreal Protocol** This subchapter as added by the Clean Air Act Amendments of 1990 shall be construed, interpreted, and applied as a supplement to the terms and conditions of the Montreal Protocol, as provided in Article 2, paragraph 11 thereof, and shall not be construed, interpreted, or applied to abrogate the responsibilities or obligations of the United States to implement fully the provisions of the Montreal Protocol. In the case of conflict between any provision of this subchapter and any provision of the Montreal Protocol, the more stringent provision shall govern. Nothing in this subchapter shall be construed, interpreted, or applied to affect the authority or responsibility of the Administrator to implement Article 4 of the Montreal Protocol with other appropriate agencies. **(c) Technology export and overseas investment** Upon November 15, 1990, the President shall— (1) prohibit the export of technologies used to produce a class I substance; (2) prohibit direct or indirect investments by any person in facilities designed to produce a class I or class II substance in nations that are not parties to the Montreal Protocol; and (3) direct that no agency of the government provide bilateral or multilateral subsidies, aids, credits, guarantees, or insurance programs, for the purpose of producing any class I substance.

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Source location: Title 42, Chapter 85, § 7671m; chapter-085-air-pollution-prevention-and-control.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7416 — Retention of State authority

Except as otherwise provided in sections 1857c–10(c), (e), and (f) (as in effect before August 7, 1977), 7543, 7545(c)(4), and 7573 of this title (preempting certain State regulation of moving sources) nothing in this chapter shall preclude or deny the right of any State or political subdivision thereof to adopt or enforce (1) any standard or limitation respecting emissions of air pollutants or (2) any requirement respecting control or abatement of air pollution; except that if an emission standard or limitation is in effect under an applicable implementation plan or under section 7411 or [section 7412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7412&num=0&edition=prelim), such State or political subdivision may not adopt or enforce any emission standard or limitation which is less stringent than the standard or limitation under such plan or section.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7401 — Congressional findings and declaration of purpose

**(a) Findings** The Congress finds— (1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States; (2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation; (3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and (4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution. **(b) Declaration** The purposes of this subchapter are— (1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population; (2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution; (3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and (4) to encourage and assist the development and operation of regional air pollution prevention and control programs. **(c) Pollution prevention** A prim

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7671m — Relationship to other laws

Page 7461 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7671n The Administrator shall publish a list of (A) the substitutes prohibited under this subsection for specific uses and (B) the safe alternatives identi- fied under this subsection for specific uses. (d) Right to petition Any person may petition the Administrator to add a substance to the lists under subsection (c) or to remove a substance from either of such lists. The Administrator shall grant or deny the petition within 90 days after receipt of any such petition. If the Administrator denies the peti- tion, the Administrator shall publish an expla- nation of why the petition was denied. If the Ad- ministrator grants such petition the Adminis- trator shall publish such revised list within 6 months thereafter. Any petition under this sub- section shall include a showing by the petitioner that there are data on the substance adequate to support the petition. If the Administrator deter- mines that information on the substance is not sufficient to make a determination under this subsection, the Administrator shall use any au- thority available to the Administrator, under any law administered by the Administrator, to acquire such information. (e) Studies and notification The Administrator shall require any person who produces a chemical substitute for a class I substance to provide the Administrator with such person’s unpublished health and safety studies on such substitute and require producers to notify the Administrator not less than 90 days before new or existing chemicals are intro- duced into interstate commerce for significant new uses as substitutes for a class I substance. This subsection shall be subject to section 7414(c) of this title. (July 14, 1955, ch. 360, title VI, § 612, as

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