Title 42 — The Public Health and WelfareRelease 119-73

§7671o Transfers among Parties to Montreal Protocol

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

Last updated Apr 6, 2026|Official source

Summary

Lets the United States trade production allowances with other Montreal Protocol countries only when the Administrator sets new U.S. production limits so that total allowed U.S. production equals the smallest of three numbers, each reduced by the allowances sent: the Protocol’s yearly maximum, the U.S. legal yearly maximum (this chapter), or the average U.S. production for the three years before the transfer. The United States can buy allowances only if the other country makes the same type of limit change. The Administrator may lower or raise U.S. production limits to reflect transfers. The Administrator must write rules to carry out this process within 2 years after November 15, 1990.

Full Legal Text

Title 42, §7671o

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

(a)Consistent with the Montreal Protocol, the United States may engage in transfers with other Parties to the Protocol under the following conditions:

(1)The United States may transfer production allowances to another Party if, at the time of such transfer, the Administrator establishes revised production limits for the United States such that the aggregate national United States production permitted under the revised production limits equals the lesser of (A) the maximum production level permitted for the substance or substances concerned 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 transferred, or (C) the average of the actual national 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 production 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 provided with respect to transfers by the United States in this subsection.

(b)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 transfer under paragraph (2) of subsection (a).

(c)The Administrator shall promulgate, within 2 years after November 15, 1990, regulations to implement this section.

(d)In the case of the United States, the term “applicable domestic law” means this chapter.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7671o

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73