---
kind: "section"
citation: "42 U.S.C. § 7671k"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7671k"
heading: "Safe alternatives policy"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7671k"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter VI — Stratospheric Ozone Protection"
---

# §7671k. Safe alternatives policy

- (a) **Policy—** To the maximum extent practicable, class I and [class II substances](/usc/42/7671.md?p=4) 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](/usc/42/7602.md?p=a) shall—
  - (1) in consultation and coordination with interested members of the public and the heads of relevant Federal [agencies](/usc/42/8262.md?p=1) and departments, recommend Federal research programs and other activities to assist in identifying alternatives to the use of class I and [class II substances](/usc/42/7671.md?p=4) 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](/usc/42/7671.md?p=4) 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](/usc/42/242q–4.md?p=2) of Defense and the heads of other relevant Federal [agencies](/usc/42/8262.md?p=1) and departments, including the General Services Administration, Federal procurement [practices](/usc/42/17061.md?p=19) with respect to class I and [class II substances](/usc/42/7671.md?p=4) 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](/usc/42/7671.md?p=4), 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](/usc/42/7671.md?p=4).
- (c) **Alternatives for class I or II substances—** Within 2 years after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall promulgate rules under this section providing that it shall be unlawful to replace any class I or [class II substance](/usc/42/7671.md?p=4) with any substitute substance which the [Administrator](/usc/42/7602.md?p=a) determines may present adverse effects to human health or the environment, where the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=e) may petition the [Administrator](/usc/42/7602.md?p=a) to add a substance to the lists under [subsection (c)](#c) or to remove a substance from either of such lists. The [Administrator](/usc/42/7602.md?p=a) shall grant or deny the petition within 90 days after receipt of any such petition. If the [Administrator](/usc/42/7602.md?p=a) denies the petition, the [Administrator](/usc/42/7602.md?p=a) shall publish an explanation of why the petition was denied. If the [Administrator](/usc/42/7602.md?p=a) grants such petition the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=a) determines that information on the substance is not sufficient to make a determination under this subsection, the [Administrator](/usc/42/7602.md?p=a) shall use any authority available to the [Administrator](/usc/42/7602.md?p=a), under any law administered by the [Administrator](/usc/42/7602.md?p=a), to acquire such information.
- (e) **Studies and notification—** The [Administrator](/usc/42/7602.md?p=a) shall require any [person](/usc/42/7602.md?p=e) who [produces](/usc/42/7671.md?p=11) a chemical substitute for a [class I substance](/usc/42/7671.md?p=3) to provide the [Administrator](/usc/42/7602.md?p=a) with such [person](/usc/42/7602.md?p=e)’s unpublished health and safety studies on such substitute and require producers to notify the [Administrator](/usc/42/7602.md?p=a) not less than 90 days before new or existing chemicals are introduced into interstate [commerce](/usc/42/7550.md?p=6) for significant new uses as substitutes for a [class I substance](/usc/42/7671.md?p=3). This subsection shall be subject to [section 7414(c) of this title](/usc/42/7414.md?p=c).

## Source credit

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