§7671k Safe Alternatives Policy

Summary

Class I and Class II chemicals must be replaced, when possible, by safer chemicals, different products, or better ways of making things so that people and the environment face less risk. The Administrator must help find and promote safer options by recommending federal research, using federal resources, reviewing and changing federal buying practices, encouraging information and technology sharing, and keeping a public list of available alternatives for common uses (like refrigerants, solvents, flame retardants, foam blowing agents, and similar commercial uses). Within 2 years after November 15, 1990, the Administrator had to make rules that ban replacing a Class I or II chemical with a substitute that could harm health or the environment when a safer, available alternative exists. The Administrator must publish lists of banned substitutes and the safe alternatives. Anyone can ask to add or remove a substance; the Administrator must decide within 90 days, explain denials, and update lists within 6 months if a petition is granted. Petitioners must provide enough data, and the Administrator may get more information under any law the Administrator runs. Producers of substitutes for Class I chemicals must give the Administrator their unpublished health and safety studies and must notify the Administrator at least 90 days before putting such substitutes into interstate commerce for significant new uses; this requirement is subject to section 7414(c).