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42 U.S.C. § 7671q — Miscellaneous provisions

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

42 U.S.C. § 7671q — Miscellaneous provisions

For purposes of [section 7416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7416&num=0&edition=prelim), requirements concerning the areas addressed by this subchapter for the protection of the stratosphere against ozone layer depletion shall be treated as requirements for the control and abatement of air pollution. For purposes of [section 7418 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7418&num=0&edition=prelim), the requirements of this subchapter and corresponding State, interstate, and local requirements, administrative authority, and process, and sanctions respecting the protection of the stratospheric ozone layer shall be treated as requirements for the control and abatement of air pollution within the meaning of [section 7418 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7418&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-42/section-7671q-miscellaneous-provisions--192fdefe2c.md
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Source location: Title 42, Chapter 85, § 7671q; 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. § 7418 — Control of pollution from Federal facilities

**(a) General compliance** Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in the discharge of air pollutants, and each officer, agent, or employee thereof, shall be subject to, and comply with, all Federal, State, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of air pollution in the same manner, and to the same extent as any nongovernmental entity. The preceding sentence shall apply (A) to any requirement whether substantive or procedural (including any recordkeeping or reporting requirement, any requirement respecting permits and any other requirement whatsoever), (B) to any requirement to pay a fee or charge imposed by any State or local agency to defray the costs of its air pollution regulatory program, (C) to the exercise of any Federal, State, or local administrative authority, and (D) to any process and sanction, whether enforced in Federal, State, or local courts, or in any other manner. This subsection shall apply notwithstanding any immunity of such agencies, officers, agents, or employees under any law or rule of law. No officer, agent, or employee of the United States shall be personally liable for any civil penalty for which he is not otherwise liable. **(b) Exemption** The President may exempt any emission source of any department, agency, or instrumentality in the executive branch from compliance with such a requirement if he determines it to be in the paramount interest of the United States to do so, except that no exemption may be granted from [section 7411 of this title](https://usc

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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. § 7671q — Miscellaneous provisions

Page 7462 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7671o § 7671o. Transfers among Parties to Montreal Protocol (a) In general Consistent with the Montreal Protocol, the United States may engage in transfers with other Parties to the Protocol under the fol- lowing conditions: (1) The United States may transfer produc- tion allowances to another Party if, at the time of such transfer, the Administrator es- tablishes revised production limits for the United States such that the aggregate na- tional United States production permitted under the revised production limits equals the lesser of (A) the maximum production level permitted for the substance or substances con- cerned in the transfer year under the Protocol minus the production allowances transferred, (B) the maximum production level permitted for the substance or substances concerned in the transfer year under applicable domestic law minus the production allowances trans- ferred, or (C) the average of the actual na- tional production level of the substance or substances concerned for the 3 years prior to the transfer minus the production allowances transferred. (2) The United States may acquire produc- tion allowances from another Party if, at the time of such transfer, the Administrator finds that the other Party has revised its domestic production limits in the same manner as pro- vided with respect to transfers by the United States in this subsection. (b) Effect of transfers on production limits The Administrator is authorized to reduce the production limits established under this chapter as required as a prerequisite to transfers under paragraph (1) of subsection (a) or to increase production limits established under this chapter to reflect production allowances acquired under a

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