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FAR

FAR

FAC Number: 2024-05
Effective Date: 05/22/2024

23.107-4 Products that contain, use, or are manufactured with ozone-depleting substances or products that contain or use high global warming potential hydrofluorocarbons.

23.107-4 Products that contain, use, or are manufactured with ozone-depleting substances or products that contain or use high global warming potential hydrofluorocarbons.

(a) Authorities.

(1) Title VI of the Clean Air Act ( 42 U.S.C. 7671, et seq.).

(2) Section 706 of Division D, title VII of the Omnibus Appropriations Act, 2009 ( Pub. L. 111-8).

(3) EPA regulations, Protection of Stratospheric Ozone ( 40 CFR part 82).

(b) Program. The EPA SNAP Program.

(c) Agency program s. Agencies shall implement cost-effective programs to minimize the procurement of materials and substances that contribute to the depletion of stratospheric ozone and/or result in the use, release, or emission of high global warming potential hydrofluorocarbons.

(d) Procedures. Agencies shall

(1) Give preference to the procurement of acceptable alternative chemicals, products, and manufacturing processes that reduce overall risks to human health and the environment by minimizing—

(i) The depletion of ozone in the upper atmosphere; and

(ii) The potential use, release, or emission of high global warming potential hydrofluorocarbons; and

(2) In preparing specifications and purchase descriptions and in the acquisition of products and services—

(i) Comply with the requirements of title VI of the Clean Air Act; section 706 of division D, title VII of Public Law 111-8; and 40 CFR 82.84(a)(2) through (5);

(ii) Substitute acceptable alternatives to ozone-depleting substances, as identified under 42 U.S.C. 7671k, to the maximum extent practicable, as provided in 40 CFR 82.84(a)(1), except in the case of Class I substances being used for specified essential uses, as identified under 40 CFR 82.4(n); and

(iii) Unless a particular contract requires otherwise, specify that, when feasible, contractors shall use another acceptable alternative in lieu of a high global warming potential hydrofluorocarbon in products and services in a particular end use for which EPA's SNAP program has identified other acceptable alternatives that have lower global warming potential.

(e) Resource. Refer to EPA's SNAP program website at https://www.epa.gov/​snap for the list of alternatives found at 40 CFR part 82, subpart G, as well as supplemental tables of alternatives.

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