52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons
Source: FAR 52.223-11 on acquisition.gov
Contractors must label products containing ozone-depleting substances and consult EPA alternatives for high global warming potential HFCs to comply with federal environmental regulations.
Overview
FAR 52.223-11 requires contractors to address the use of ozone-depleting substances (ODS) and high global warming potential hydrofluorocarbons (HFCs) in products delivered to the government. The clause mandates labeling of products containing or manufactured with ODS, referencing specific EPA regulations and statutes. Contractors must also consult the EPA’s Significant New Alternatives Policy (SNAP) program to identify and consider lower global warming potential alternatives to HFCs. This clause is designed to ensure compliance with environmental laws and promote the use of safer alternatives in federal procurement.
Key Rules
- Labeling Requirement
- Contractors must label products containing or manufactured with ODS as specified by federal law and EPA regulations, including a warning statement and identification of the substance.
- Reference to SNAP Alternatives
- Contractors are required to consult the EPA’s SNAP program to identify acceptable alternatives to high global warming potential HFCs.
- Definitions Provided
- The clause defines key terms such as global warming potential, high global warming potential hydrofluorocarbons, hydrofluorocarbons, and ozone-depleting substances.
Responsibilities
- Contracting Officers: Ensure inclusion of this clause in applicable contracts and verify contractor compliance.
- Contractors: Properly label products, identify and disclose ODS, and consult SNAP alternatives for HFCs.
- Agencies: Oversee contractor compliance and maintain awareness of environmental requirements.
Practical Implications
- This clause exists to reduce environmental harm from ODS and HFCs in federal procurement.
- Contractors must be diligent in identifying regulated substances and alternatives, and in meeting labeling requirements.
- Common pitfalls include failing to label products correctly or not consulting the latest SNAP alternatives list.
As prescribed in 23.109(d)(1), insert the following clause:
Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024)
(a) Definitions. As used in this clause–
Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as 1.0.
High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at https://www.ecfr.gov/current/title-40/part-82/subpart-G" target="_blank">40 CFR part 82, subpart G, with supplemental tables of alternatives available at (https://www.epa.gov/snap/" target="_blank">https://www.epa.gov/snap/).
Hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon.
Ozone-depleting substance, means any substance the Environmental Protection Agency designates in https://www.ecfr.gov/current/title-40/part-82" target="_blank">40 CFR part 82 as–
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim" target="_blank">42 U.S.C. 7671j (b), (c), (d), and (e) and https://www.ecfr.gov/current/title-40/part-82/subpart-E" target="_blank">40 CFR part 82, subpart E, as follows:
Warning: Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
* The Contractor shall insert the name of the substance(s).
(c) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at https://www.ecfr.gov/current/title-40/part-82/subpart-G" target="_blank">40 CFR part 82, subpart G, with supplemental tables available at https://www.epa.gov/snap/" target="_blank">https://www.epa.gov/snap/.
(End of clause)