[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR82.84]

[Page 426-427]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 82--PROTECTION OF STRATOSPHERIC OZONE--Table of Contents
 
                     Subpart D--Federal Procurement
 
Sec. 82.84  Requirements.

    (a) No later than October 24, 1994, each department, agency and 
instrumentality of the United States shall conform its procurement 
regulations to

[[Page 427]]

the requirements and policies of title VI of the Clean Air Act, 42 
U.S.C. 7671-7671g. Each such regulation shall provide, at a minimum, the 
following:
    (1) That in place of class I or class II substances, or of products 
made with or containing such substances, safe alternatives identified 
under 42 U.S.C. 7671k (or products made with or containing such 
alternatives) shall be substituted to the maximum extent practicable. 
Substitution is not required for class II substances identified as safe 
alternatives under 42 U.S.C. 7671k, or for products made with or 
containing such substances, and such substances may be used as 
substitutes for other class I or class II substances.
    (2) That, consistent with the phaseout schedules for ozone-depleting 
substances, no purchases shall be made of class II substances, or 
products containing class II substances, for the purpose of any use 
prohibited under 42 U.S.C. 7671d(c);
    (3) That all active or new contracts involving the performance of 
any service or activity subject to 42 U.S.C. 7671g or 7671h or 
regulations promulgated thereunder include, or be modified to include, a 
condition requiring the contractor to ensure compliance with all 
requirements of those sections and regulations;
    (4) That no purchases shall be made of products whose sale is 
prohibited under 42 U.S.C. 7671h, except when they will be used by 
persons certified under section 609 to service vehicles, and no purchase 
shall be made of nonessential products as defined under 42 U.S.C. 7671i;
    (5) That proper labeling under 42 U.S.C. 7671j shall be a 
specification for the purchase of any product subject to that section.
    (b) For agencies subject to the Federal Acquisition Regulation, 48 
CFR part 1, amendment of the FAR, consistent with this subpart, shall 
satisfy the requirement of this section.