SECTION 612. SAFE ALTERNATIVES POLICY.

  (a)  Policy.- To the  maximum extent practicable, class I 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,  recommend   Federal  research

     programs  and  other  activities  to  assist in  identifying

     alternatives to the use  of class I and class  II substances

     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 

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 of Defense and the heads of other relevant Federal

     agencies and departments,  including  the General  Services

     Administration, Federal procurement practices with respect

     to class I and class II substances and recommend measures to

     promote the transition by the Federal Government, as expedi-

     tiously 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,

     including  alternative  chemicals, product  substitutes, and

     alternative manufacturing processes; and

       (4) maintain a public  clearinghouse of alternative chemi-

     cals,  product  substitutes,  and alternative  manufacturing

     processes that are available for  products and manufacturing

     processes which use class I and class II substances.

  (c) Alternatives for Class I or II Substances.- Within 2 years

after  enactment of  the Clean  Air Act  Amendments of  1990, the

Administrator shall promulgate rules under this section providing

that it  shall be  unlawful to  replace any class  I or  class II

substance with any  substitute substance which  the Administrator

determines may present  adverse effects  to human  health or  the

environment,   where   the   Administrator  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 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  may  petition  the

Administrator to add a substance to the lists under subsection

(c) or to remove a substance  from either  of  such lists.  The

Administrator shall grant or deny the petition within 90 days

after receipt of any such  petition. If the Administrator denies

the petition,  the Administrator shall publish  an explanation of

why  the petition  was denied. If  the Administrator  grants such

petition the Administrator 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

determines that information on the substance is not sufficient to

make a determination  under this  subsection, the  Administrator

shall use any authority available to the Administrator, under any

law   administered  by   the   Administrator,  to   acquire  such

information.

  (e) Studies and Notification. -  The Administrator shall require

any person who produces  a chemical substitute  for a  class I

substance to provide the Administrator with such person's 

unpublished health and  safety  studies on  such substitute  and

require producers to notify  the Administrator not  less than 90

days before new  or  existing  chemicals  are  introduced  into

interstate commerce for significant new uses as substitutes for a

class  I substance.  This subsection shall be subject to section

114(c).

[42 U.S.C. 7671k]

