Title 42The Public Health and WelfareRelease 119-73

§7671m Relationship to other laws

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

Last updated Apr 6, 2026|Official source

Summary

For two years starting on November 15, 1990, state and local governments may not enforce rules about how new or recalled appliances must be designed if the rule is meant to protect the stratospheric ozone layer. The rules added by the 1990 Clean Air Act are meant to work together with the Montreal Protocol. They do not replace the United States’ duties under that treaty. If a rule in U.S. law and a rule in the Montreal Protocol conflict, the stricter rule controls. These rules do not change the EPA Administrator’s role in carrying out Article 4 of the Montreal Protocol with other agencies. On November 15, 1990, the President must do three things: stop exports of technology used to make class I substances; ban any person from directly or indirectly investing in facilities to produce class I or class II substances in countries that are not parties to the Montreal Protocol; and order that no U.S. government agency give international financial help (such as subsidies, credits, guarantees, or insurance) to support producing class I substances.

Full Legal Text

Title 42, §7671m

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

(a)Notwithstanding section 7416 of this title, 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)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)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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7671m

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73