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any person who produces a chemical substitute for a class I substance to provide the Administrator with such person’s unpublished health and safety studies on such substitute and require producers to notify the Administrator not less than 90 days before new or existing chemicals are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 added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2667.) § 7671l. Federal procurement Not later than 18 months after November 15, 1990, the Administrator, in consultation with the Administrator of the General Services Ad- ministration and the Secretary of Defense, shall promulgate regulations requiring each depart- ment, agency, and instrumentality of the United States to conform its procurement regulations to the policies and requirements of this sub- chapter and to maximize the substitution of safe alternatives identified under section 7671k of this title for class I and class II substances. Not later than 30 months after November 15, 1990, each department, agency, and instrumentality of the United States shall so conform its pro- curement regulations and certify to the Presi- dent that its regulations have been modified in accordance with this section. (July 14, 1955, ch. 360, title VI, § 613, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2668.) Executive Documents EXECUTIVE ORDER NO. 12843 Ex. Ord. No. 12843, Apr. 21, 1993, 58 F.R. 21881, which provided for Federal agencies to implement policies and programs to minimize procurement of ozone-de- pleting substances, was revoked by Ex. Ord. No. 13148, § 901, Apr. 21, 2000, 65 F.R. 24604, formerly set out as a note under section 4321 of this title. § 7671m. Relationship to other laws (a) State laws Notwithstanding section 7416 of this title, dur- ing 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 pro- tecting the stratospheric ozone layer. (b) Montreal Protocol This subchapter as added by the Clean Air Act Amendments of 1990 shall be construed, inter- preted, and applied as a supplement to the terms and conditions of the Montreal Protocol, as pro- vided 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 provi- sions of the Montreal Protocol. In the case of conflict between any provision of this sub- chapter and any provision of the Montreal Pro- tocol, 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 imple- ment 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 pro- grams, for the purpose of producing any class I substance. (July 14, 1955, ch. 360, title VI, § 614, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2668.) Editorial Notes REFERENCES IN TEXT The Clean Air Act Amendments of 1990, referred to in subsec. (b), probably means Pub. L. 101–549, Nov. 15, 1990, 104 Stat. 2399. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 7401 of this title and Tables. § 7671n. Authority of Administrator If, in the Administrator’s judgment, any sub- stance, practice, process, or activity may rea- sonably be anticipated to affect the strato- sphere, especially ozone in the stratosphere, and such effect may reasonably be anticipated to en- danger public health or welfare, the Adminis- trator shall promptly promulgate regulations respecting the control of such substance, prac- tice, process, or activity, and shall submit no- tice of the proposal and promulgation of such regulation to the Congress. (July 14, 1955, ch. 360, title VI, § 615, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2669.)