544 
(B) EXAMINATION.—The Administrator of the Federal Aviation 
Administration shall, in consultation with the Administrator, ex-
amine whether safe and effective substitutes for methyl chloroform 
or alternative techniques will be available for nondestructive test-
ing for metal fatigue and corrosion of existing airplane engines 
and airplane parts susceptible to metal fatigue and whether an ex-
ception for such uses of methyl chloroform under this paragraph 
is necessary for purposes of airline safety. 
(3) CAP ON EXCEPTIONS.—Under no circumstances may the author-
ity set forth in paragraphs (1) and (2) be applied to authorize any per-
son to produce a class I substance in annual quantities greater than 
10 percent of that produced by the person during the baseline year. 
(c) METHYL BROMIDE.— 
(1) SANITATION AND FOOD PROTECTION.—To the extent consistent 
with the Montreal Protocol’s quarantine and preshipment provisions, 
the Administrator shall exempt the production, importation, and con-
sumption of methyl bromide to fumigate commodities entering or leav-
ing the United States or any State (or political subdivision thereof) for 
purposes of compliance with Animal and Plant Health Inspection Serv-
ice requirements or with any international, Federal, State, or local 
sanitation or food protection standard. 
(2) CRITICAL USES.—To the extent consistent with the Montreal 
Protocol, the Administrator, after notice and the opportunity for public 
comment, and after consultation with other departments or instrumen-
talities of the Federal Government having regulatory authority related 
to methyl bromide, including the Secretary of Agriculture, may exempt 
the production, importation, and consumption of methyl bromide for 
critical uses. 
(3) SCHEDULE.—Notwithstanding subsections (a) and (b), the Ad-
ministrator shall promulgate regulations for reductions in, and termi-
nate the production, importation, and consumption of, methyl bromide 
under a schedule that is in accordance with, but not more stringent 
than, the phaseout schedule of the Montreal Protocol as in effect on 
October 21, 1998. 
(d) DEVELOPING COUNTRIES.— 
(1) EXCEPTION.—The Administrator, after notice and opportunity 
for public comment, may, consistent with the Montreal Protocol, au-
thorize the production of limited quantities of a class I substance solely 
for export to, and use in, developing countries that are parties to the 
Montreal Protocol and are operating under article 5 of the Montreal 
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Protocol. Any production authorized under this paragraph shall be sole-
ly for purposes of satisfying the basic domestic needs of such countries. 
(2) CAP ON EXCEPTION.— 
(A) IN GENERAL.—Under no circumstances may the authority 
set forth in paragraph (1) be applied to authorize any person to 
produce a class I substance in any year in an annual quantity 
greater than 15 percent of the baseline quantity of that class I 
substance produced by that person. 
(B) TERMINATION
OF
EXCEPTION.—An exception authorized 
under this subsection shall terminate not later than January 1, 
2010 (2012 in the case of methyl chloroform). 
(3) METHYL BROMIDE.—Notwithstanding the phaseout and termi-
nation of production of methyl bromide pursuant to subsection (c)(3), 
the Administrator may, consistent with the Montreal Protocol, author-
ize the production of limited quantities of methyl bromide, solely for 
use in developing countries that are parties to the Copenhagen Amend-
ment to the Montreal Protocol (32 I.L.M. 874). 
(e) NATIONAL SECURITY.— 
(1) IN GENERAL.—The President may, to the extent that such action 
is consistent with the Montreal Protocol, issue such orders regarding 
production and use of chlorofluorocarbon-114, halon-1211, halon-1301, 
and halon-2402, at any specified site or facility or on any vessel as may 
be necessary to protect the national security interests of the United 
States if the President finds that adequate substitutes are not available 
and that the production and use of the substance are necessary to pro-
tect the national security interests of the United States. 
(2) EXEMPTIONS.— 
(A) IN GENERAL.—An order under paragraph (1) may include, 
where necessary to protect the national security interests of the 
United States, an exemption from any prohibition or requirement 
contained in this subdivision. 
(B) NOTIFICATION OF CONGRESS.—The President shall notify 
Congress within 30 days of the issuance of an order under para-
graph (1) providing for an exemption under subparagraph (A). 
The notification shall include a statement of the reasons for the 
granting of the exemption. 
(C) TIME PERIOD.—An exemption under this paragraph shall 
be for a specified period, which may not exceed 1 year. 
(D) ADDITIONAL EXEMPTIONS.—Additional exemptions may be 
granted, each on the President’s issuance of a new order under 
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paragraph (1). Each additional exemption shall be for a specified 
period, which may not exceed 1 year. 
(E) LACK OF APPROPRIATION.—No exemption shall be granted 
under this paragraph due to lack of appropriation unless the 
President specifically requests an appropriation as a part of the 
budgetary process and Congress fails to make available the re-
quested appropriation. 
§ 237105. Phaseout of production and consumption of class 
II substances 
(a) RESTRICTION ON USE OF CLASS II SUBSTANCES.— 
(1) DEFINITION OF REFRIGERANT.—In this subsection, the term 
‘‘refrigerant’’ means any class II substance used for heat transfer in 
a refrigerating system. 
(2) PROHIBITION.—Effective January 1, 2015, it shall be unlawful 
for any person to introduce into interstate commerce or use any class 
II substance unless the class II substance— 
(A) has been used, recovered, and recycled; 
(B) is used and entirely consumed (except for trace quantities) 
in the production of other chemicals; 
(C) is used as a refrigerant in an appliance manufactured prior 
to January 1, 2020; or 
(D) is listed as acceptable for use as a fire suppression agent 
for nonresidential applications in accordance with section 
237112(c)(2) of this title. 
(b) PRODUCTION PHASEOUT.— 
(1) PRODUCTION IN QUANTITY GREATER THAN THE QUANTITY PRO-
DUCED DURING THE BASELINE YEAR.—Effective January 1, 2015, it 
shall be unlawful for any person to produce any class II substance in 
an annual quantity greater than the quantity of that class II substance 
produced by that person during the baseline year. 
(2) PRODUCTION IN ANY QUANTITY.—Effective January 1, 2030, it 
shall be unlawful for any person to produce any class II substance. 
(c) REGULATIONS REGARDING PRODUCTION
AND CONSUMPTION
OF 
CLASS II SUBSTANCES.—The Administrator shall promulgate regulations 
to— 
(1) phase out the production, and restrict the use, of class II sub-
stances in accordance with this section, subject to any acceleration of 
the phaseout of production under section 237106 of this title; and 
(2) ensure that the consumption of class II substances in the United 
States is phased out and terminated in accordance with the same 
schedule (subject to the same exceptions and other provisions) as is ap-
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plicable to the phaseout and termination of production of class II sub-
stances under this subdivision. 
(d) EXCEPTIONS.— 
(1) MEDICAL DEVICES.— 
(A) IN GENERAL.—Notwithstanding the termination of produc-
tion required under subsection (b)(2) and the restriction on use 
described in subsection (a), the Administrator, after notice and op-
portunity for public comment, shall, to the extent that such action 
is consistent with the Montreal Protocol, authorize the production 
and use of limited quantities of class II substances solely for pur-
poses of use in medical devices if the authorization is determined 
by the Commissioner, in consultation with the Administrator, to 
be necessary for use in medical devices. 
(B) CAP ON EXCEPTION.—Under no circumstances may the au-
thority set forth in subparagraph (A) be applied to authorize any 
person to produce a class II substance in annual quantities greater 
than 10 percent of that class II substance produced by that person 
during the baseline year. 
(2) DEVELOPING COUNTRIES.— 
(A) IN GENERAL.—Notwithstanding subsection (a) or (b), the 
Administrator, after notice and opportunity for public comment, 
may authorize the production of limited quantities of a class II 
substance in excess of the quantities otherwise permitted under 
subsections (a) and (b) solely for export to and use in developing 
countries that are parties to the Montreal Protocol, as determined 
by the Administrator. Any production authorized under this sub-
section shall be solely for purposes of satisfying the basic domestic 
needs of developing countries. 
(B) CAP ON EXCEPTION.— 
(i) BEFORE 2030.—Under no circumstances may the au-
thority set forth in subparagraph (A) be applied to authorize 
any person to produce a class II substance in any year fol-
lowing the effective date of subsection (b)(1) and before the 
year 2030 in an annual quantity that is greater than 110 per-
cent of the quantity of that class II substance produced by 
that person during the baseline year. 
(ii) 2030 AND
THEREAFTER.—Under no circumstances 
may the authority set forth in subparagraph (A) be applied 
to authorize any person to produce a class II substance in the 
year 2030 or any year thereafter in an annual quantity that 
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is greater than 15 percent of the quantity of that class II 
substance produced by that person during the baseline year. 
(iii) TERMINATION OF EXCEPTIONS.—Each exception au-
thorized under this paragraph shall terminate not later than 
January 1, 2040. 
§ 237106. Accelerated schedule 
(a) IN GENERAL.—The Administrator shall promulgate regulations that 
establish a schedule for phasing out the production, consumption, or use of 
class II substance that is more stringent than set forth in section 237105 
of this title if— 
(1) based on an assessment of credible current scientific information 
(including any assessment under the Montreal Protocol) regarding 
harmful effects on the stratospheric ozone layer associated with the 
class II substance, the Administrator determines that a more stringent 
schedule may be necessary to protect human health and the environ-
ment against those effects; 
(2) based on the availability of substitutes for the class II substance, 
the Administrator determines that a more stringent schedule is prac-
ticable, taking into account technological achievability, safety, and 
other relevant factors; or 
(3) the Montreal Protocol is modified to include a schedule to control 
or reduce production, consumption, or use of the class II substance 
more rapidly than the applicable schedule under this subdivision. 
(b) CONSIDERATION OF STATUS OF REMAINING PERIOD.—In making any 
determination under paragraph (1) or (2) of subsection (a), the Adminis-
trator shall consider the status of the period remaining under the applicable 
schedule under this subdivision. 
(c) PETITION.— 
(1) IN GENERAL.—Any person may petition the Administrator to 
promulgate regulations under this section. The Administrator shall 
grant or deny such a petition within 180 days after receipt of any such 
petition. 
(2) SHOWING.—A petition under this subsection shall include a 
showing by the petitioner that there are data adequate to support the 
petition. 
(3) FURTHER INFORMATION.—If the Administrator determines that 
information is not sufficient to make a determination under this sub-
section, the Administrator shall use any authority available to the Ad-
ministrator, under any law administered by the Administrator, to ac-
quire the information. 
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(4) DENIAL OF PETITION.—If the Administrator denies the petition, 
the Administrator shall publish an explanation of why the petition was 
denied. 
(5) GRANT OF PETITION.—If the Administrator grants the petition, 
the final regulations shall be promulgated within 1 year. 
§ 237107. Exchange authority 
(a) TRANSFERS.—The Administrator shall promulgate regulations under 
this subdivision providing for the issuance of allowances for the production 
of class I substances and class II substances in accordance with the require-
ments of this subdivision and governing the transfer of such allowances. The 
regulations shall ensure that the transactions under the authority of this 
section will result in greater total reductions in the production in each year 
of class I substances and class II substances than would occur in that year 
in the absence of such transactions. 
(b) INTERPOLLUTANT TRANSFERS.— 
(1) PRODUCTION ALLOWANCE.—The regulations under this section 
shall permit a production allowance for a substance for any year to be 
transferred for a production allowance for another substance for the 
same year on an ozone depletion weighted basis. 
(2) GROUPS OF CLASS I SUBSTANCES.—Allowances for substances in 
each group of class I substances (as listed pursuant to section 237102 
of this title) may be transferred only for allowances for other class I 
substances in the same group. 
(3) GROUPS OF CLASS II SUBSTANCES.—The Administrator shall, as 
appropriate, establish groups of class II substances for trading pur-
poses and assign class II substances to such groups. In the case of 
class II substances, allowances may be transferred only for allowances 
for other class II substances that are in the same group. 
(c) TRADES WITH OTHER PERSONS.—The regulations under this section 
shall permit 2 or more persons to transfer production allowances (including 
interpollutant transfers that meet the requirements of subsections (a) and 
(b)) if the transferor of the allowances will be subject, under the regulations, 
to an enforceable and quantifiable reduction in annual production that— 
(1) exceeds the reduction otherwise applicable to the transferor 
under this subdivision; 
(2) exceeds the production allowances transferred to the transferee; 
and 
(3) would not have occurred in the absence of the transaction. 
(d) CONSUMPTION.—The regulations under this section shall provide for 
the issuance of consumption allowances in accordance with the requirements 
of this subdivision and for the trading of such allowances in the same man-
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ner as is applicable under this section to the trading of production allow-
ances under this section. 
§ 237108. National recycling and emission reduction pro-
gram 
(a) IN GENERAL.— 
(1) USE AND DISPOSAL OF CLASS I SUBSTANCES AND CLASS II SUB-
STANCES.—The Administrator shall promulgate regulations estab-
lishing standards and requirements regarding use and disposal of class 
I substances and class II substances, including the use and disposal of 
class I substances and class II substances during service, repair, or dis-
posal of appliances and industrial process refrigeration. 
(2) CONTENTS.—The regulations under this subsection— 
(A) shall include requirements that— 
(i) reduce the use and emission of class I substances and 
class II substances to the lowest achievable level; and 
(ii) maximize the recapture and recycling of class I sub-
stances and class II substances; and 
(B) may include requirements— 
(i) to use alternative substances (including substances that 
are not class I substances or class II substances) or to mini-
mize use of class I substances or class II substances; or 
(ii) to promote the use of safe alternatives pursuant to sec-
tion 237112 of this title. 
(b) SAFE DISPOSAL.— 
(1) IN GENERAL.—The regulations under subsection (a) shall estab-
lish standards and requirements for the safe disposal of class I sub-
stances and class II substances. 
(2) CONTENTS.—The regulations shall require that— 
(A) a class I substance or class II substance contained in bulk 
in appliances, machines, or other goods shall be removed from 
each appliance, machine, or other good prior to disposal of, or de-
livery for recycling of, the appliance, machine, or good; 
(B) any appliance, machine, or other good containing a class I 
substance or class II substance in bulk shall not be manufactured, 
sold, or distributed in interstate commerce or offered for sale or 
distribution in interstate commerce unless it is equipped with a 
servicing aperture or an equally effective design feature that will 
facilitate the recapture of the class I substance or class II sub-
stance during service and repair or disposal of the appliance, ma-
chine, or good; and 
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(C) any product in which a class I substance or class II sub-
stance is incorporated so as to constitute an inherent element of 
the product shall be disposed of in a manner that reduces, to the 
maximum extent practicable, the release of the class I substance 
or class II substance into the environment. 
(3) EXCEPTION.—If the Administrator determines that the applica-
tion of this paragraph to any product would result in producing only 
insignificant environmental benefits, the Administrator shall include in 
the regulations an exception for that product. 
(c) PROHIBITIONS.— 
(1) RELEASE OR DISPOSAL OF CLASS I SUBSTANCE OR CLASS II SUB-
STANCE.— 
(A) IN GENERAL.—It shall be unlawful for any person, in the 
course of maintaining, servicing, repairing, or disposing of an ap-
pliance or industrial process refrigeration, to knowingly vent or 
otherwise knowingly release or dispose of any class I substance or 
class II substance used as a refrigerant in the appliance or indus-
trial process refrigeration in a manner that permits the class I 
substance or class II substance to enter the environment. 
(B) DE MINIMIS RELEASE.—A de minimis release associated 
with a good faith attempt to recapture and recycle or safely dis-
pose of a class I substance or class II substance shall not be sub-
ject to the prohibition set forth in subparagraph (A). 
(2) RELEASE
OR
DISPOSAL
OF
SUBSTITUTE
SUBSTANCE
FOR
A 
CLASS I SUBSTANCE OR CLASS II SUBSTANCE.— 
(A) DEFINITION OF APPLIANCE.—In this paragraph, the term 
‘‘appliance’’ includes any device that contains and uses as a refrig-
erant a substitute substance and that is used for household or 
commercial purposes, including any air conditioner, refrigerator, 
chiller, or freezer. 
(B) PROHIBITION.—It shall be unlawful for any person, in the 
course of maintaining, servicing, repairing, or disposing of an ap-
pliance or industrial process refrigeration, to knowingly vent or 
otherwise knowingly release or dispose of any substitute substance 
for a class I substance or class II substance that contains and uses 
as a refrigerant any such substitute substance, unless the Admin-
istrator determines that venting, releasing, or disposing of that 
substitute substance does not pose a threat to the environment. 
§ 237109. Servicing of motor vehicle air conditioners 
(a) DEFINITIONS.—In this section: 
(1) APPROVED REFRIGERANT RECYCLING EQUIPMENT.— 
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(A) IN GENERAL.—The term ‘‘approved refrigerant recycling 
equipment’’ means equipment certified by the Administrator (or 
an independent standards testing organization approved by the 
Administrator) to meet the standards established by the Adminis-
trator and applicable to equipment for the extraction and reclama-
tion of refrigerant from motor vehicle air conditioners. 
(B) STRINGENCY.—The standards under subparagraph (A) 
shall, at a minimum, be at least as stringent as the standards of 
the Society of Automotive Engineers in effect as of November 15, 
1990, and applicable to equipment described in subparagraph (A) 
(SAE standard J–1990). 
(C) EQUIPMENT PURCHASED BEFORE THE PROPOSAL OF REGU-
LATIONS.—Equipment purchased before the proposal of regula-
tions under this section shall be considered certified if it is sub-
stantially identical to equipment certified as provided in subpara-
graph (A). 
(2) PROPERLY TRAINED AND CERTIFIED.— 
(A) IN GENERAL.—The term ‘‘properly trained and certified’’ 
means having training and certification in the proper use of ap-
proved refrigerant recycling equipment for motor vehicle air condi-
tioners in conformity with standards established by the Adminis-
trator and applicable to the performance of service on motor vehi-
cle air conditioners. 
(B) STRINGENCY.—The standards under subparagraph (A) 
shall, at a minimum, be at least as stringent as specified, as of 
November 15, 1990, in SAE standard J–1989 under the certifi-
cation program of the National Institute for Automotive Service 
Excellence or under a similar program such as the training and 
certification program of the Mobile Air Conditioning Society. 
(3) PROPERLY USE.— 
(A) IN GENERAL.—The term ‘‘properly use’’, with respect to the 
use of approved refrigerant recycling equipment, means to use in 
conformity with standards established by the Administrator and 
applicable to the use of the equipment. 
(B) STRINGENCY.—The standards under subparagraph (A) 
shall, at a minimum, be at least as stringent as the standards of 
the Society of Automotive Engineers in effect as of November 15, 
1990, and applicable to the use of equipment described in sub-
paragraph (A) (SAE standard J–1989). 
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(4) REFRIGERANT.—The term ‘‘refrigerant’’ means any class I sub-
stance, class II substance, or substitute substance for a class I sub-
stance or class II substance used in a motor vehicle air conditioner. 
(b) REGULATIONS.—The Administrator shall promulgate regulations es-
tablishing standards and requirements regarding the servicing of motor ve-
hicle air conditioners. 
(c) PROHIBITIONS.— 
(1) PROPER USE.—No person repairing or servicing motor vehicles 
for consideration may perform any service on a motor vehicle air condi-
tioner involving the refrigerant for the air conditioner without properly 
using approved refrigerant recycling equipment; 
(2) PROPER TRAINING AND CERTIFICATION.—No person repairing or 
servicing motor vehicles for consideration may perform the service un-
less the person has been properly trained and certified. 
(d) CERTIFICATION.— 
(1) IN GENERAL.—Each person performing service on motor vehicle 
air conditioners for consideration shall certify to the Administrator that 
the person has acquired, and is properly using, approved refrigerant re-
cycling equipment in service on motor vehicle air conditioners involving 
refrigerant and that each individual authorized by the person to per-
form that service is properly trained and certified. 
(2) CONTENTS.—A certification under this subsection shall con-
tain— 
(A) the name and address of the person certifying; and 
(B) the serial number of each unit of approved recycling equip-
ment acquired by the person. 
(3) MANNER OF CERTIFICATION.—A certification under this sub-
section— 
(A) shall be signed and attested by the owner or another re-
sponsible officer; and 
(B) may be made by submitting the required information to the 
Administrator on a standard form provided by the manufacturer 
of certified refrigerant recycling equipment. 
(e) SMALL CONTAINERS OF CLASS I SUBSTANCES OR CLASS II SUB-
STANCES.—It shall be unlawful for any person to sell or distribute, or offer 
for sale or distribution, in interstate commerce to any person (other than 
a person performing service for consideration on motor vehicle air condi-
tioning systems in compliance with this section) any class I substance or 
class II substance that is suitable for use as a refrigerant in a motor vehicle 
air conditioning system and that is in a container that contains less than 
20 pounds of the refrigerant. 
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(ii) any plastic foam product that contains, or is manufac-
tured with, a class II substance. 
(B) EXCEPTIONS.—The Administrator may grant exceptions 
from the prohibition under subparagraph (A)(i) where— 
(i) the use of the aerosol product or pressurized dispenser 
is determined by the Administrator to be essential as a result 
of flammability or worker safety concerns; and 
(ii) the only available alternative to use of a class II sub-
stance is use of a class I substance that legally could be sub-
stituted for the class II substance. 
(C) NONAPPLICABILITY.—Subparagraph (A)(ii) shall not apply 
to— 
(i) a foam insulation product; or 
(ii) an integral skin, rigid, or semi-rigid foam utilized to 
provide for motor vehicle safety in accordance with Federal 
Motor Vehicle Safety Standards where no adequate substitute 
substance (other than a class I substance or class II sub-
stance) is practicable for effectively meeting those standards. 
(c) MEDICAL DEVICES.—Nothing in this section applies to a medical de-
vice. 
§ 237111. Labeling 
(a) CONTAINERS CONTAINING A CLASS I SUBSTANCE OR CLASS II SUB-
STANCE; PRODUCTS CONTAINING A CLASS I SUBSTANCE.—No container in 
which a class I substance or class II substance is stored or transported, and 
no product containing a class I substance, shall be introduced into interstate 
commerce unless it bears a clearly legible and conspicuous label stating: 
‘‘Warning: Contains [insert name of substance], a substance 
that harms public health and environment by destroying ozone in 
the upper atmosphere’’. 
(b) PRODUCTS CONTAINING A CLASS II SUBSTANCE.— 
(1) BEFORE JANUARY 1, 2015.—Before January 1, 2015, no product 
containing a class II substance shall be introduced into interstate com-
merce unless it bears the label described in subsection (a) if the Admin-
istrator determines, after notice and opportunity for public comment, 
that there is a substitute product or manufacturing process— 
(A) that does not rely on the use of the class II substance; 
(B) that reduces the overall risk to human health and the envi-
ronment; and 
(C) that is currently or potentially available. 
(2) ON AND AFTER JANUARY 1, 2015.—Effective January 1, 2015, 
no product containing a class II substance shall be introduced into 
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interstate commerce unless it bears the label described in subsection 
(a). 
(c) PRODUCTS MANUFACTURED WITH A CLASS I SUBSTANCE OR CLASS 
II SUBSTANCE.— 
(1) BEFORE JANUARY 1, 2015.— 
(A) CLASS II SUBSTANCES.—Before January 1, 2015, if the Ad-
ministrator, after notice and opportunity for public comment, 
makes the determination described in subsection (b)(1) with re-
spect to a product manufactured with a process that uses a class 
II substance, no such product shall be introduced into interstate 
commerce unless it bears a clearly legible and conspicuous label 
stating the following: 
‘‘Warning: Manufactured with [insert name of substance], 
a substance that harms public health and environment by de-
stroying ozone in the upper atmosphere’’. 
(B) CLASS I SUBSTANCES.—Before January 1, 2015, no prod-
uct manufactured with a process that uses a class I substance 
shall be introduced into interstate commerce unless it bears a label 
described in subparagraph (A) unless the Administrator deter-
mines that there is no substitute product or manufacturing proc-
ess that— 
(i) does not rely on the use of the class I substance; 
(ii) reduces the overall risk to human health and the envi-
ronment; and 
(iii) is currently or potentially available. 
(2) ON AND AFTER JANUARY 1, 2015.—Effective January 1, 2015, 
no product manufactured with a process that uses a class I substance 
or class II substance shall be introduced into commerce unless it bears 
a label described in paragraph (1)(A). 
(d) PETITIONS.— 
(1) IN GENERAL.—Any person may petition the Administrator to 
apply the requirements of this section to a product containing a class 
II substance or a product manufactured with a class I substance or 
class II substance that is not otherwise subject to the requirements. 
Within 180 days after receiving such a petition, the Administrator 
shall, pursuant to the criteria set forth in subsection (b), propose to 
apply the requirements of this section to the product or publish an ex-
planation of the petition denial. If the Administrator proposes to apply 
the requirements to the product, the Administrator shall, by regulation, 
render a final determination pursuant to those criteria within 1 year 
after receiving the petition. 
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(2) SHOWING.—Any petition under this paragraph shall include a 
showing by the petitioner that there are data on the product adequate 
to support the petition. 
(3) FURTHER INFORMATION.—If the Administrator determines that 
information on the product is not sufficient to make the required deter-
mination, the Administrator shall use any authority available to the 
Administrator under any law administered by the Administrator to ac-
quire the information. 
(4) EFFECTIVE DATE.—In the case of a product determined by the 
Administrator, on petition or on the Administrator’s own motion, to be 
subject to the requirements of this section, the effective date for the 
requirements shall be 1 year after the date of the determination. 
(e) RELATIONSHIP TO OTHER LAW.— 
(1) NO DEFENSE.—The labeling requirements of this section shall 
not constitute, in whole or part, a defense to liability or a cause for 
reduction in damages in any civil or criminal action brought under any 
Federal or State law other than an action for failure to comply with 
the labeling requirements of this section. 
(2) NO OTHER APPROVAL.—No other approval of a label by the Ad-
ministrator under any other law administered by the Administrator 
shall be required with respect to the labeling requirements of this sec-
tion. 
(f) REGULATIONS.—The Administrator shall promulgate regulations to 
implement the labeling requirements of this section. 
§ 237112. Safe alternatives policy 
(a) POLICY.—To the maximum extent practicable, class I substances 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— 
(A) recommend Federal research programs and other activities 
to assist in— 
(i) identifying alternatives to the use of class I substances 
and class II substances as refrigerants, solvents, fire 
retardants, foam blowing agents, and other commercial appli-
cations; and 
(ii) achieving a transition to the alternatives; and 
(B) where appropriate, seek to maximize the use of Federal re-
search facilities and resources to assist users of class I substances 
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and class II substances in identifying and developing alternatives 
to the uses described in subparagraph (A)(i); 
(2)(A) in consultation and coordination with the Secretary of De-
fense and the heads of other relevant Federal agencies and depart-
ments, including the General Services Administration, examine Federal 
procurement practices with respect to class I substances and class II 
substances; and 
(B) 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, inter-
national, and commercial information and technology transfers, to pro-
mote the development and use of safe substitutes for class I substances 
and class II substances, including alternative chemicals, product sub-
stitutes, 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 that use class I substances 
and class II substances. 
(c) ALTERNATIVES
FOR CLASS I SUBSTANCES
OR CLASS II SUB-
STANCES.— 
(1) IN GENERAL.—The Administrator shall promulgate regulations 
under this section providing that it shall be unlawful to replace any 
class I substance or class II substance with any substitute substance 
that the Administrator determines may present adverse effects on 
human health or the environment, where the Administrator has identi-
fied an alternative to the replacement that— 
(A) reduces the overall risk to human health and the environ-
ment; and 
(B) is currently or potentially available. 
(2) LISTS.—The Administrator shall publish lists of— 
(A) the substitutes prohibited under this subsection for specific 
uses; and 
(B) the safe alternatives identified under this subsection for 
specific uses. 
(d) PETITIONS.— 
(1) IN GENERAL.—Any person may petition the Administrator to 
add a substance to the lists under subsection (c) or to remove a sub-
stance from either list. The Administrator shall grant or deny the peti-
tion within 90 days after receipt of the petition. If the Administrator 
denies the petition, the Administrator shall publish an explanation of 
why the petition was denied. If the Administrator grants the petition, 
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