Title 42The Public Health and WelfareRelease 119-73

§7671f Exchange authority

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

Last updated Apr 6, 2026|Official source

Summary

The Administrator must create rules within 10 months after November 15, 1990, to issue production allowances for class I and class II substances (types of ozone‑depleting chemicals) and to regulate trading of those allowances. The rules must make sure that any trades lead to greater total cuts in production each year than would happen without the trades. The rules must allow swapping a production allowance for one substance for one for another in the same year on an ozone‑depletion‑weighted basis. Class I allowances may only be traded within the same class I group. The Administrator will group class II substances for trading and limit trades to within those groups. Trades are allowed only if the seller agrees to an enforceable, measurable annual production cut that is bigger than the cut they would otherwise have, bigger than the allowances they transfer, and would not have happened without the trade. The rules must also create and allow trading of consumption allowances the same way as production allowances.

Full Legal Text

Title 42, §7671f

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

(a)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)(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) 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)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)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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7671f

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73