Title 42The Public Health and WelfareRelease 119-73

§7671d Phase-out of production and consumption of class II substances

Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER VI— - STRATOSPHERIC OZONE PROTECTION › § 7671d

Last updated Apr 6, 2026|Official source

Summary

The law stops most production and use of class II substances. Starting January 1, 2015, people may not bring these chemicals into interstate trade or use them except if they are recovered and reused, completely consumed (except tiny traces) to make other chemicals, used as refrigerants in appliances made before January 1, 2020, or approved for nonresidential fire suppression under the cited rule. Starting January 1, 2015, no one may make more of a class II substance than they made in their baseline year. Starting January 1, 2030, making any class II substance is banned. The Administrator had to write rules by December 31, 1999, to phase out production and use to meet these dates and the Montreal Protocol. After public notice and comment, small exceptions can be allowed: limited production for medical devices if needed (up to 10% of a person’s baseline amount each year), and limited production for export to eligible developing countries to meet their basic needs. Export production limits are up to 110% of baseline in years after the 2015 limit and before 2030, and up to 15% of baseline in 2030 and later. All such exceptions end no later than January 1, 2040.

Full Legal Text

Title 42, §7671d

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Effective January 1, 2015, it shall be unlawful for any person to introduce into interstate commerce or use any class II substance unless such substance—
(1)has been used, recovered, and recycled;
(2)is used and entirely consumed (except for trace quantities) in the production of other chemicals;
(3)is used as a refrigerant in appliances manufactured prior to January 1, 2020; or
(4)is listed as acceptable for use as a fire suppression agent for nonresidential applications in accordance with section 7671k(c) of this title.
(b)(1)Effective January 1, 2015, it shall be unlawful for any person to produce any class II substance in an annual quantity greater than the quantity of such substance produced by such person during the baseline year.
(2)Effective January 1, 2030, it shall be unlawful for any person to produce any class II substance.
(c)By December 31, 1999, the Administrator shall promulgate regulations phasing out the production, and restricting the use, of class II substances in accordance with this section, subject to any acceleration of the phase-out of production under section 7671e of this title. The Administrator shall also promulgate regulations to insure that the consumption of class II substances in the United States is phased out and terminated in accordance with the same schedule (subject to the same exceptions and other provisions) as is applicable to the phase-out and termination of production of class II substances under this subchapter.
(d)(1)(A)Notwithstanding the termination of production required under subsection (b)(2) and the restriction on use referred to in subsection (a), the Administrator, after notice and opportunity for public comment, shall, to the extent such action is consistent with the Montreal Protocol, authorize the production and use of limited quantities of class II substances solely for purposes of use in medical devices if such authorization is determined by the Commissioner, in consultation with the Administrator, to be necessary for use in medical devices.
(B)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)(A)Notwithstanding the provisions of subsection (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 subsection shall be solely for purposes of satisfying the basic domestic needs of such countries.
(B)(i)Under no circumstances may the authority set forth in subparagraph (A) be applied to authorize any person to produce a class II substance in any year following the effective date of subsection (b)(1) and before the year 2030 in annual quantities greater than 110 percent of the quantity of such substance produced by such person during the baseline year.
(ii)Under no circumstances may the authority set forth in subparagraph (A) be applied to authorize any person to produce a class II substance in the year 2030, or any year thereafter, in an annual quantity greater than 15 percent of the quantity of such substance produced by such person during the baseline year.
(iii)Each exception authorized under this paragraph shall terminate no later than January 1, 2040.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Subsec. (a)(4). Pub. L. 112–81 added par. (4).

Reference

Citations & Metadata

Citation

42 U.S.C. § 7671d

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73