42 U.S.C. § 7671k — Safe alternatives policy

(a) Policy: As much as practical, class I and class II substances should be replaced by chemicals, product substitutes, or manufacturing processes that lower the overall risk to human health and the environment. (b) Reviews and reports: The EPA must: (1) work with the public and other federal agencies to recommend research and other activities that help identify alternatives to class I and class II substances used as refrigerants, solvents, fire retardants, foam-blowing agents, and other commercial uses, and use federal research resources to help users find and develop those alternatives; (2) work with the Secretary of Defense and other agencies, including the General Services Administration, to review federal purchasing practices for class I and class II substances and recommend how the government can switch to safe substitutes as quickly as possible; (3) identify initiatives — including international and commercial information and technology transfers — to promote developing and using safe substitutes, such as alternative chemicals, products, and manufacturing processes; and (4) keep a public clearinghouse listing alternative chemicals, products, and manufacturing processes available for uses that currently rely on class I and class II substances. (c) Alternatives for class I or II substances: Within 2 years of November 15, 1990, the EPA had to write rules making it illegal to replace a class I or class II substance with any substitute the EPA finds may harm health or the environment, whenever the EPA has identified an alternative that lowers overall risk and is available now or soon. The EPA must publish two lists: (A) substitutes banned under this rule for specific uses, and (B) safe alternatives identified for those uses. (d) Right to petition: Anyone can petition the EPA to add a substance to, or remove one from, either list in (c). The EPA must grant or deny the petition within 90 days. If denied, the EPA must publish its reasons. If granted, the EPA must publish the revised list within 6 months. Every petition must include enough data to support it; if the EPA finds the data insufficient, it can use any of its other legal authority to gather more information. (e) Studies and notification: The EPA must require anyone who makes a chemical substitute for a class I substance to hand over their unpublished health and safety studies on that substitute, and must require producers to notify the EPA at least 90 days before selling a new or existing chemical for a significant new use as a class I substitute. This subsection is subject to the confidentiality rules in section 7414(c).