U.S. Code » Title 42 » Chapter CHAPTER 85— AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER VI— STRATOSPHERIC OZONE PROTECTION

42 U.S.C. § 7671k

Safe alternatives policy

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(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 reportsThe 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 substancesWithin 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) 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, § 612, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2667.)
Notes of Decisions
Cited in 5 cases, 1997–2020 · leading case: Mexichem Fluor, Inc. v. Environmental Protection Agency
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Mexichem Fluor, Inc. v. Environmental Protection Agency (2017) cadc · cites it 19× “42 U.S.C. § 7671k. Section 612 requires manufacturers to replace ozone-depleting substances with safe substitutes.”
Natural Resources Defense Council v. Andrew Wheeler (2020) cadc · cites it 3× “After that transition has occurred, the replacement has been effectuated,” and there is no longer an “ozone-depleting substance to ‘replace.”
Enviro Tech International, Inc. v. United States Environmental Protection Agency (2004) ca7 “42 U.S.C. § 7671k(b), (c). It is, at the least, arguable that identifying the exposure limits within which a particular ODS substitute is safe is a task subsumed within that charge.”
Oz Technology Incorporated v. Environmental Protection Agency (1997) cadc · cites it 3× “42 U.S.C. § 7671k(c). Section 612(c) requires EPA to publish a list of the substitutes prohibited for specific uses and a list of the substitutes that are safe alternatives' for specific uses.”
Enviro Tech Int'l v. EPA (2004) ca7 “42 U.S.C. § 7671k(b), (c). It is, at the least, arguable that identifying the exposure limits within which a particular ODS substi- tute is safe is a task subsumed within that charge.”
— 42 U.S.C. § 7671k(a) — 1 case
Mexichem Fluor, Inc. v. Environmental Protection Agency (2017) cadc “42 U.S.C. § 7671k. Section 612 requires manufacturers to replace ozone-depleting substances with safe substitutes.”
— 42 U.S.C. § 7671k(b) — 2 cases
Enviro Tech International, Inc. v. United States Environmental Protection Agency (2004) ca7 “42 U.S.C. § 7671k(b), (c). It is, at the least, arguable that identifying the exposure limits within which a particular ODS substitute is safe is a task subsumed within that charge.”
Enviro Tech Int'l v. EPA (2004) ca7 “42 U.S.C. § 7671k(b), (c). It is, at the least, arguable that identifying the exposure limits within which a particular ODS substi- tute is safe is a task subsumed within that charge.”
— 42 U.S.C. § 7671k(c) — 3 cases
Natural Resources Defense Council v. Andrew Wheeler (2020) cadc “After that transition has occurred, the replacement has been effectuated,” and there is no longer an “ozone-depleting substance to ‘replace.”
Mexichem Fluor, Inc. v. Environmental Protection Agency (2017) cadc “42 U.S.C. § 7671k. Section 612 requires manufacturers to replace ozone-depleting substances with safe substitutes.”
Oz Technology Incorporated v. Environmental Protection Agency (1997) cadc “42 U.S.C. § 7671k(c). Section 612(c) requires EPA to publish a list of the substitutes prohibited for specific uses and a list of the substitutes that are safe alternatives' for specific uses.”
— 42 U.S.C. § 7671k(d) — 2 cases
Mexichem Fluor, Inc. v. Environmental Protection Agency (2017) cadc “42 U.S.C. § 7671k. Section 612 requires manufacturers to replace ozone-depleting substances with safe substitutes.”
Oz Technology Incorporated v. Environmental Protection Agency (1997) cadc “42 U.S.C. § 7671k(c). Section 612(c) requires EPA to publish a list of the substitutes prohibited for specific uses and a list of the substitutes that are safe alternatives' for specific uses.”
— 42 U.S.C. § 7671k(e) — 2 cases
Mexichem Fluor, Inc. v. Environmental Protection Agency (2017) cadc “42 U.S.C. § 7671k. Section 612 requires manufacturers to replace ozone-depleting substances with safe substitutes.”
Oz Technology Incorporated v. Environmental Protection Agency (1997) cadc “42 U.S.C. § 7671k(c). Section 612(c) requires EPA to publish a list of the substitutes prohibited for specific uses and a list of the substitutes that are safe alternatives' for specific uses.”
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