
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7671k]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
              SUBCHAPTER VI--STRATOSPHERIC OZONE PROTECTION
 
Sec. 7671k. Safe alternatives policy


(a) Policy

    To the maximum extent practicable, class I and class II substances 
shall be replaced by chemicals, product substitutes, or alternative 
manufacturing processes that reduce overall risks to human health and 
the environment.

(b) Reviews and reports

    The Administrator shall--
        (1) in consultation and coordination with interested members of 
    the public and the heads of relevant Federal agencies and 
    departments, recommend Federal research programs and other 
    activities to assist in identifying alternatives to the use of class 
    I and class II substances as refrigerants, solvents, fire 
    retardants, foam blowing agents, and other commercial applications 
    and in achieving a transition to such alternatives, and, where 
    appropriate, seek to maximize the use of Federal research facilities 
    and resources to assist users of class I and class II substances in 
    identifying and developing alternatives to the use of such 
    substances as refrigerants, solvents, fire retardants, foam blowing 
    agents, and other commercial applications;
        (2) examine in consultation and coordination with the Secretary 
    of Defense and the heads of other relevant Federal agencies and 
    departments, including the General Services Administration, Federal 
    procurement practices with respect to class I and class II 
    substances and recommend measures to promote the transition by the 
    Federal Government, as expeditiously as possible, to the use of safe 
    substitutes;
        (3) specify initiatives, including appropriate 
    intergovernmental, international, and commercial information and 
    technology transfers, to promote the development and use of safe 
    substitutes for class I and class II substances, including 
    alternative chemicals, product substitutes, and alternative 
    manufacturing processes; and
        (4) maintain a public clearinghouse of alternative chemicals, 
    product substitutes, and alternative manufacturing processes that 
    are available for products and manufacturing processes which use 
    class I and class II substances.

(c) Alternatives for class I or II substances

    Within 2 years after November 15, 1990, the Administrator shall 
promulgate rules under this section providing that it shall be unlawful 
to replace any class I or class II substance with any substitute 
substance which the Administrator determines may present adverse effects 
to human health or the environment, where the Administrator has 
identified an alternative to such replacement that--
        (1) reduces the overall risk to human health and the 
    environment; and
        (2) is currently or potentially available.

The Administrator shall publish a list of (A) the substitutes prohibited 
under this subsection for specific uses and (B) the safe alternatives 
identified under this subsection for specific uses.

(d) Right to petition

    Any person may petition the Administrator to add a substance to the 
lists under subsection (c) of this section or to remove a substance from 
either of such lists. The Administrator shall grant or deny the petition 
within 90 days after receipt of any such petition. If the Administrator 
denies the petition, the Administrator shall publish an explanation of 
why the petition was denied. If the Administrator grants such petition 
the Administrator shall publish such revised list within 6 months 
thereafter. Any petition under this subsection shall include a showing 
by the petitioner that there are data on the substance adequate to 
support the petition. If the Administrator determines that information 
on the substance is not sufficient to make a determination under this 
subsection, the Administrator shall use any authority available to the 
Administrator, under any law administered by the Administrator, to 
acquire such information.

(e) Studies and notification

    The Administrator shall require any person who produces a chemical 
substitute for a class I substance to provide the Administrator with 
such person's unpublished health and safety studies on such substitute 
and require producers to notify the Administrator not less than 90 days 
before new or existing chemicals are introduced into interstate commerce 
for significant new uses as substitutes for a class I substance. This 
subsection shall be subject to section 7414(c) of this title.

(July 14, 1955, ch. 360, title VI, Sec. 612, as added Pub. L. 101-549, 
title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2667.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7671g, 7671l of this title.
