42 U.S.C. § 7671

Definitions

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As used in this subchapter—(1) Appliance

The term “appliance” means any device which contains and uses a class I or class II substance as a refrigerant and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer.

(2) Baseline yearThe term “baseline year” means—(A) the calendar year 1986, in the case of any class I substance listed in Group I or II under section 7671a(a) of this title,(B) the calendar year 1989, in the case of any class I substance listed in Group III, IV, or V under section 7671a(a) of this title, and(C) a representative calendar year selected by the Administrator, in the case of—(i) any substance added to the list of class I substances after the publication of the initial list under section 7671a(a) of this title, and(ii) any class II substance.(3) Class I substance

The term “class I substance” means each of the substances listed as provided in section 7671a(a) of this title.

(4) Class II substance

The term “class II substance” means each of the substances listed as provided in section 7671a(b) of this title.

(5) Commissioner

The term “Commissioner” means the Commissioner of the Food and Drug Administration.

(6) Consumption

The term “consumption” means, with respect to any substance, the amount of that substance produced in the United States, plus the amount imported, minus the amount exported to Parties to the Montreal Protocol. Such term shall be construed in a manner consistent with the Montreal Protocol.

(7) Import

The term “import” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.

(8) Medical deviceThe term “medical device” means any device (as defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)), diagnostic product, drug (as defined in the Federal Food, Drug, and Cosmetic Act), and drug delivery system—(A) if such device, product, drug, or drug delivery system utilizes a class I or class II substance for which no safe and effective alternative has been developed, and where necessary, approved by the Commissioner; and(B) if such device, product, drug, or drug delivery system, has, after notice and opportunity for public comment, been approved and determined to be essential by the Commissioner in consultation with the Administrator.(9) Montreal Protocol

The terms “Montreal Protocol” and “the Protocol” mean the Montreal Protocol on Substances that Deplete the Ozone Layer, a protocol to the Vienna Convention for the Protection of the Ozone Layer, including adjustments adopted by Parties thereto and amendments that have entered into force.

(10) Ozone-depletion potential

The term “ozone-depletion potential” means a factor established by the Administrator to reflect the ozone-depletion potential of a substance, on a mass per kilogram basis, as compared to chlorofluorocarbon-11 (CFC–11). Such factor shall be based upon the substance’s atmospheric lifetime, the molecular weight of bromine and chlorine, and the substance’s ability to be photolytically disassociated, and upon other factors determined to be an accurate measure of relative ozone-depletion potential.

(11) Produce, produced, and productionThe terms “produce”, “produced”, and “production”, refer to the manufacture of a substance from any raw material or feedstock chemical, but such terms do not include—(A) the manufacture of a substance that is used and entirely consumed (except for trace quantities) in the manufacture of other chemicals, or(B) the reuse or recycling of a substance.(July 14, 1955, ch. 360, title VI, § 601, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2649.)Editorial NotesReferences in Text

The Federal Food, Drug, and Cosmetic Act, referred to in par. (8), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.

Notes of Decisions

Cited in 20 cases (1 in the last 5 years), 1997–2025 · leading case: Massachusetts v. Env't Prot. Agency, 549 U.S. 497 (2007).

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Massachusetts v. Env't Prot. Agency, 549 U.S. 497 (2007). · cites it 2× “§§ 7403 (g)(1) and 7671a(e)). EPA further reasoned that Congress' "specially tailored solutions to global atmospheric issues," 68 Fed.”

Nat. Resources Def. Council v. Andrew Wheeler, 955 F.3d 68 (D.C. Cir. 2020). · cites it 2× “5 In 1990, Congress implemented the United States’ obligations under that agreement by adding to the Clean Air Act a new Title VI, 42 U.S.C. § 7671 et seq. Title VI requires that, “[t]o the maximum extent practicable,” ozone-depleting substances “be replaced by chemicals,…”

Mexichem Fluor, Inc. v. Env't Prot. Agency, 866 F.3d 451 (D.C. Cir. 2017). · cites it 6× “See 42 U.S.C. § 7671 (definitions). The majority does not disagree, and instead relies on dictionary definitions to conclude that “replace” means to “take the place of.”

Arkema Inc. v. Env't Prot. Agency, 618 F.3d 1 (D.C. Cir. 2010). · cites it 2× “The Clean Air Act In 1990, Congress enacted Title VI of the Clean Air Act, 42 U.S.C. §§ 7671 -7671q, implementing as domestic law the Protocol's goal of protecting the stratospheric ozone layer.”

Massachusetts v. Env't Prot. Agency, 415 F.3d 50 (D.C. Cir. 2005). “Similarly, I see nothing in the 1990 Congress’s enactment of other provisions specific to stratospheric ozone protection, see 42 U.S.C. §§ 7671 to 7671q, indicating it thought EPA lacked authority under general provisions like section 202 to regulate emissions contributing to…”

Nat. Resources Def. Council v. Env't Prot. Agency, 464 F.3d 1 (D.C. Cir. 2006). · cites it 2× “” 42 U.S.C. § 7671 (9). . Decision IX/6 permits exemptions only when all technically and economically feasible steps have been taken to minimize the required use and when methyl bromide is not available from existing stocks.”

Ass'n of Irritated Residents v. C & R Vanderham Dairy, 435 F. Supp. 2d 1078 (E.D. Cal. 2006). “icable implementation plan relating to transportation control measures, air quality maintenance plans, vehicle inspection and maintenance programs or vapor recovery requirements, section 211(e) and (f) [42 USCS § 7545(e), (f) ] (relating to fuels and fuel additives), section…”

Corvera Abatement Tech., Inc. v. Air Conservation Comm'n, 973 S.W.2d 851 (Mo. 1998). “See generally, 42 U.S.C. § 7671 . The rule promulgated by the Commission in this case, 10 CSR 10-6.”

Nat. Resources Def. Council v. Env't Prot. Agency, 440 F.3d 476 (D.C. Cir. 2006). “” 42 U.S.C. § 7671 (9). Neither party in this case discusses whether altering domestic law in this manner is constitutional, an issue on which we express no view.”

United States v. Am. Elec. Power Serv. Corp., 136 F. Supp. 2d 808 (S.D. Ohio 2001). “Stratospheric Ozone Protection, 42 U.S.C. §§ 7671 -7671q. 10 . Part C, Prevention of Significant Deterioration of Air Quality, of Subchapter I, Programs and Activities: 42 U.”

Honeywell Int'l Inc. v. Env't Prot. Agency, 374 F.3d 1363 (D.C. Cir. 2004). · cites it 2× “PART I ROGERS, Circuit Judge, writing in PART I the opinion of the court: Title VI of the Clean Air Act (“CAA”), 42 U.S.C. §§ 7671 -7671q (2004), implements the policies and directives of the Montreal Protocol on Substances that Deplete the Ozone Layer, Sept.”

United States v. Larry Joseph Leblanc, 169 F.3d 94 (1st Cir. 1999). “See 42 U.S.C. § 7671 et seq.; 40 C.F.R. § 82.”

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