[Code of Federal Regulations]

[Title 40, Volume 17]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR82.84]



[Page 568-569]

 

                   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 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



[[Page 569]]



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.