[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Proposed Rules]
[Pages 26883-26888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11231]
[[Page 26883]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 2, 7, 11, 23, 25, and 52
[FAR Case 2014-026; Docket No. 2014-0026; Sequence No. 1]
RIN 9000-AM87
Federal Acquisition Regulation; High Global Warming Potential
Hydrofluorocarbons
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement Executive branch policy in
the President's Climate Action Plan to procure, when feasible,
alternatives to high global warming potential (GWP) hydrofluorocarbons
(HFCs). This will allow agencies to better meet the greenhouse gas
emission reduction goals and reporting requirements of the Executive
Order (E.O.) 13693 of March 25, 2015, Planning for Sustainability in
the Next Decade. E.O. 13693 subsumes both E.O. 13423 of January 24,
2007, Strengthening Federal Environmental, Energy, and Transportation
Management as well as E.O. 13514 of October 5, 2009, Federal Leadership
in Environmental, Energy, and Economic Performance.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat at one of the addresses shown below on or before
July 10, 2015 to be considered in the formation of the final rule.
ADDRESSES: Submit comments in response to FAR Case 2014-026 by any of
the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``FAR Case
2014-026''. Select the link ``Comment Now'' that corresponds with ``FAR
Case 2014-026.'' Follow the instructions provided at the ``Comment
Now'' screen. Please include your name, company name (if any), and
``FAR Case 2014-026'' on your attached document.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAR Case 2014-
026, in all correspondence related to this case. All comments received
will be posted without change to http://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Charles Gray, Procurement Analyst,
at 703-795-6328, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAR Case 2014-026.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing to revise the FAR to implement
Executive branch policy in the President's Climate Action Plan to
procure, when feasible, alternatives to high GWP HFCs and allow
agencies to better meet the greenhouse gas emission reduction goals and
reporting requirements formerly required by Executive Order (E.O.)
13514, and now required by E.O. 13693, Planning for Federal
Sustainability in the Next Decade.
President Obama issued his Climate Action Plan (CAP), dated June
2013, that includes a broad set of steps designed to slow the effects
of climate change, see http://www.whitehouse.gov/sites/default/files/image/president27sclimateactionplan.pdf. Among the many actions called
for, the CAP outlined a set of measures to address HFCs, potent
greenhouse gases primarily used in refrigeration and air conditioning,
see section IV. The CAP states that ``emissions of HFCs are expected to
nearly triple by 2030, and double from current levels of 1.5 percent of
greenhouse gas emissions to 3 percent by 2020''. For example, the
atmospheric concentration of HFC-134a, the most abundant HFC, has
increased by about 10 percent per year from 2006 to 2012, and the
concentrations of HFC-143a and HFC-125 have risen over 13 percent and
16 percent per year from 2007-2011, respectively.
In order to address high GWP HFCs, the President directed Federal
agencies to lead through both international diplomacy and domestic
action. In particular, he directed the U.S. Environmental Protection
Agency (EPA) to use its authority through the Significant New
Alternatives Policy (SNAP) Program to encourage private sector
investment in low-emissions technology by identifying and approving
climate-friendly chemicals while prohibiting certain uses of the most
climate-harmful chemical alternatives. In addition, the CAP noted ``the
President has directed his Administration to purchase cleaner
alternatives to HFCs whenever feasible and transition over time to
equipment that uses safer and more sustainable alternatives''. There
are lower GWP alternatives available now for certain applications, and
likely more will become available within the next 5 years to replace
the higher GWP HFCs that contribute to climate change. Agencies are
already reporting emissions of greenhouse gases, including HFCs, as
formerly required by E.O. 13514. In order to understand and track the
Government's progress to reduce HFC emissions, improved reporting of
current HFC usage is necessary to baseline efforts.
II. Discussion and Analysis
A. Policy and Procedures
Accordingly, DoD, GSA, and NASA are proposing to amend FAR subpart
23.8 to include--
(1) A policy statement at FAR 23.802 reflecting the Government's
commitment to minimize the procurement and the potential use, release,
or emission of high GWP HFCs that contribute to climate change; and
(2) Procedures at FAR 23.803 that address substitution of lower GWP
alternatives where feasible, and referring to EPA's SNAP program to
identify acceptable alternatives.
B. Clauses
The proposed rule includes contract clauses, prescribed at FAR
23.804, that--
Give direction to contractors to take steps in furtherance
of this policy (including, when feasible, reducing the amount of HFC
emissions and substituting lower GWP alternatives as part of the normal
equipment maintenance and replacement process); and
Require limited contractor reporting (i.e., the amount in
pounds of HFCs or refrigerant blends containing HFCs in the equipment
and appliances delivered to the Government and the amount in pounds of
HFCs or refrigerant blends containing HFCs added or taken out of
equipment or appliances during maintenance, service, repair, or
disposal, which contractors may track as part of billing the
Government), so that the Government can track progress and impact of
products (equipment and appliances) procured and delivered
[[Page 26884]]
with HFCs or refrigerant blends containing HFCs. Reporting is limited
to equipment and appliances that normally contain 50 or more pounds of
HFCs or refrigerant blends containing HFCs. At these levels of
refrigerant use, considering the associated cost, contractors are
likely to already have access to quantity of HFC and refrigerant blends
containing HFCs used due to cost.
This rule proposes to modify the existing FAR clauses at 52.223-11,
Ozone-Depleting Substances, and 52.223-12, Refrigeration Equipment and
Air Conditioners, to address high GWP HFCs, as well as ozone-depleting
substances. In addition, the rule proposes to add two new clauses
specifically focused on use of alternatives, where feasible, in place
of high GWP HFCs in aerosol cans (as propellants or solvents) and as
foam blowing agents.
C. Definitions
The rule proposes to amend FAR part 2 by adding the new definitions
of ``global warming potential,'' ``hydrofluorocarbons'', and ``high
global warming potential hydrofluorocarbons''. The rule also adds in
FAR part 2 a definition of ``manufactured end product'' (currently
defined in the FAR clause 52.225-18), with update to the current
terminology for product and service code/group, rather, than Federal
supply class/group.
D. Applicability
This proposed rule will apply to all acquisitions inside the United
States and its outlying areas of products or services containing or
using high GWP HFCs, including--
Commercial items that use part 12 procedures; and
Acquisitions that do not exceed the simplified acquisition
threshold.
The reporting requirement applies only for delivery of, or
maintenance, service, repair and disposal of, equipment or appliances
normally containing 50 pounds or more of HFCs or refrigerant blends
containing HFCs.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is a significant regulatory action and, therefore, was subject to
review under section 6(b) of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
IV. Regulatory Flexibility Act
The change may have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. The Initial Regulatory
Flexibility Analysis (IRFA) is summarized as follows:
This rule is necessary to implement Executive branch policy
stated in the President's Climate Action Plan.
The objective of this rule is to require Federal agencies to
procure climate-friendly alternatives to high global warming
potential (GWP) hydrofluorocarbons (HFCs) and allow agencies to
better meet the greenhouse gas emission reduction goals and
reporting requirements formerly required by Executive Order (E.O.)
13514, and now required by E.O. 13693, Planning for Federal
Sustainability in the Next Decade.
Based on FPDS data for FY 2013, this rule will apply to
approximately 1,680 small business contractors that provide supplies
(including equipment and appliances) to the Federal Government and
about 640 small business contractors that provide maintenance,
service, repair, or disposal of refrigeration equipment or air
conditioners. In addition, although the proposed clauses at 252.223-
XX, Aerosols, and 52.223-YY, Foams, do not contain any reporting
requirements, these clauses also apply respectively to solicitations
and contracts that involve repair or maintenance of electronic or
mechanical devices and construction of buildings and facilities.
We estimate an average reporting burden of about 8 hours per
year for each of the small businesses providing supplies containing
high GWP HFCs or maintenance, service, repair, or disposal of
refrigeration equipment or air conditioners.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
We did not identify any significant alternatives to the rule
that would accomplish the stated objectives of the President's
Climate Action Plan and the Executive Order.
It is necessary for the rule to apply to small entities, because
about three-quarters of the affected contractors are small
businesses. Every effort has been made to minimize the burdens
imposed.
The Regulatory Secretariat has submitted a copy of the IRFA to the
Chief Counsel for Advocacy of the Small Business Administration. A copy
of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA,
and NASA invite comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by the rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAR Case 2014-026),
in correspondence.
V. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) applies. The
proposed rule contains information collection requirements.
Accordingly, the Regulatory Secretariat has submitted a request for
approval of a new information collection requirement concerning GWP
HFCs to the Office of Management and Budget.
A. Public reporting burden for this collection of information is
estimated to average 8 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
The annual reporting burden estimated as follows:
Respondents: 3,172.
Responses per respondent: 1.
Total annual responses: 3,172.
Preparation hours per response: 8 hours.
Total response Burden Hours: 25,376.
B. Request for Comments Regarding Paperwork Burden.
Submit comments, including suggestions for reducing this burden,
not later than July 10, 2015 to: FAR Desk Officer, OMB, Room 10102,
NEOB, Washington, DC 20503, and a copy to the General Services
Administration, Regulatory Secretariat Division (MVCB), ATTN: Ms.
Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405-0001.
Public comments are particularly invited on: Whether this
collection of information is necessary for the proper performance of
functions of the FAR, and will have practical utility; whether our
estimate of the public burden of this collection of information is
accurate, and based on valid assumptions and methodology; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways in which we can minimize the burden of the
collection of information on those who are to respond, through the use
of appropriate technological collection techniques or other forms of
information technology.
Requesters may obtain a copy of the supporting statement from the
General Services Administration, Regulatory
[[Page 26885]]
Secretariat (MVCB), ATTN: Hada Flowers, 1800 F Street NW., 2nd Floor,
Washington, DC 20405-0001. Please cite OMB Control Number 9000-0191,
High Global Warming Potential Hydrofluorocarbons, in all
correspondence.
List of Subjects in 48 CFR Parts 1, 2, 7, 11, 23, 25, and 52
Government procurement.
Dated: May 5, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 1, 2,
7, 11, 23, 25, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 1, 2, 7, 11, 23, 25, and 52
continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.106 [Amended]
0
2. Amend section 1.106 in the table following the introductory text, by
adding in numerical sequence, FAR segments ``52.223-11'' and ``52.223-
12'' and their corresponding OMB Control Number ``9000-0191''.
PART 2--DEFINITIONS OF WORDS AND TERMS
0
3. Amend section 2.101, in paragraph (b)(2) by adding, in alphabetical
order, the definitions ``Global warming potential'', ``High global
warming potential hydrofluorocarbons'', ``Hydrofluorocarbons'',
``Manufactured end product'', and ``Products'' to read as follows:
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
Global warming potential means a measure of the total energy that a
gas absorbs over a particular period of time (usually 100 years),
compared to carbon dioxide.
* * * * *
High global warming potential hydrofluorocarbons means any
hydrofluorocarbons for which EPA's Significant New Alternatives Policy
(SNAP) program (40 CFR part 82 Subpart G) identifies acceptable lower
global warming potential alternatives with supplemental tables of
alternatives available at (http://www.epa.gov/ozone/snap/).
* * * * *
Hydrofluorocarbons means compounds that contain only hydrogen,
fluorine, and carbon.
* * * * *
Manufactured end product means any end product in product and
service codes (PSC) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or service group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry
Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
* * * * *
Products has the same meaning as supplies.
* * * * *
PART 7--ACQUISITION PLANNING
0
4. Amend section 7.103 by revising paragraph (p)(2) to read as follows:
7.103 Agency-head responsibilities.
* * * * *
(p) * * *
(2) Comply with the policy in 11.002(d) regarding procurement of:
Biobased products, products containing recovered materials,
environmentally preferable products and services (including Electronic
Product Environmental Assessment Tool (EPEAT[supreg])-registered
electronic products, nontoxic or low-toxic alternatives), ENERGY
STAR[supreg] and Federal Energy Management Program-designated products,
renewable energy, water-efficient products, non-ozone-depleting
products, and products and services that minimize or eliminate, when
feasible, the use, release, or emission of high global warming
potential hydrofluorocarbons;
* * * * *
PART 11--DESCRIBING AGENCY NEEDS
0
5. Amend section 11.002 by revising paragraph (d)(1)(vi) to read as
follows:
11.002 Policy.
* * * * *
(d)(1) * * *
(vi) Non-ozone-depleting substances; and products and services that
minimize or eliminate, when feasible, the use, release, or emission of
high global warming potential hydrofluorocarbons (subpart 23.8).
* * * * *
PART 23--APPLICATION OF LABOR LAWS TO GOVERNMENT
0
6. Amend section 23.000 by revising paragraph (d) to read as follows:
23.000 Scope.
* * * * *
(d) Acquiring energy-efficient and water-efficient products and
services, environmentally preferable (including EPEAT[supreg]-
registered, and non-toxic and less toxic) products, products containing
recovered materials, biobased products, non-ozone-depleting products,
and products and services that minimize or eliminate, when feasible,
the use, release, or emission of high global warming potential
hydrofluorocarbons;
* * * * *
0
7. Revise subpart 23.8 to read as follows:
Subpart 23.8--Ozone-Depleting Substances and Hydrofluorocarbons
Sec.
23.800 Scope of subpart.
23.801 Authorities.
23.802 Policy.
23.803 Procedures.
23.804 Contract clauses.
Subpart 23.8--Ozone-Depleting Substances and Hydrofluorocarbons
23.800 Scope of subpart.
This subpart sets forth policies and procedures for the acquisition
of items that--
(a) Contain, use, or are manufactured with ozone-depleting
substances; or
(b) Contain or use high global warming potential
hydrofluorocarbons.
23.801 Authorities.
(a) Title VI of the Clean Air Act (42 U.S.C. 7671, et seq.).
(b) Section 706 of Division D, title VII of the Omnibus
Appropriations Act, 2009 (Pub. L. 111-8).
(c) Executive Order 13693 of March 25, 2015, Planning for Federal
Sustainability in the Next Decade.
(d) Environmental Protection Agency (EPA) regulations, Protection
of Stratospheric Ozone (40 CFR part 82).
23.802 Policy.
It is the policy of the Federal Government that Federal agencies--
(a) 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
[[Page 26886]]
emission of high global warming potential hydrofluorocarbons; and
(b) 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--
(1) The depletion of ozone in the upper atmosphere; and
(2) The potential use, release, or emission of high global warming
potential hydrofluorocarbons.
23.803 Procedures.
In preparing specifications and purchase descriptions, and in the
acquisition of products and services, agencies shall--
(a) Comply with the requirements of title VI of the Clean Air Act,
section 706 of division D, title VII of Pub. L. 111-8, Executive Order
13693, and 40 CFR 82.84(a)(2), (3), (4), and (5);
(b) 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);
(c) Specify, when feasible, that contractors shall substitute
acceptable lower global warming potential alternatives for high global
warming potential hydrofluorocarbons in products and services; and
(d) Refer to EPA's Significant New Alternatives Policy (SNAP)
program (available at http://www.epa.gov/ozone/snap) to identify
acceptable alternatives to ozone-depleting substances and high global
warming potential hydrofluorocarbons.
23.804 Contract clauses.
Except for contracts that will be performed outside the United
States and its outlying areas, insert the following clauses:
(a) 52.223-11, Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons, in solicitations and contracts for--
(1) Refrigeration equipment (in product or service code (PSC)
4110);
(2) Air conditioning equipment (PSC 4120);
(3) Clean agent fire suppression systems/equipment (e.g., installed
room flooding systems, portable fire extinguishers, aircraft/tactical
vehicle fire/explosion suppression systems) (in PSC 4210);
(4) Bulk refrigerants and fire suppressants (in PSC 6830);
(5) Solvents, dusters, freezing compounds, mold release agents, and
any other miscellaneous chemical specialty that may contain ozone-
depleting substances or high global warming potential
hydrofluorocarbons (in PSC 6850);
(6) Corrosion prevention compounds, foam sealants, aerosol mold
release agents, and any other preservative or sealing compound that may
contain ozone-depleting substances or high global warming potential
hydrofluorocarbons (in PSC 8030);
(7) Fluorocarbon lubricants (primarily aerosols) (in PSC 9150); and
(8) Any other manufactured end products that may contain or be
manufactured with ozone-depleting substances.
(b) 52.223-12, Maintenance, Service, Repair, or Disposal of
Refrigeration Equipment and Air Conditioners, in solicitations and
contracts that include the maintenance, service, repair, or disposal
of--
(1) Refrigeration equipment, such as refrigerators, chillers, or
freezers; or
(2) Air conditioners, including air conditioning systems in motor
vehicles.
(c) 52.223-XX, Aerosols, in solicitations and contracts--
(1) For products that may contain high global warming potential
hydrofluorocarbons as a propellant, or as a solvent; or
(2) That involve maintenance or repair of electronic or mechanical
devices.
(d) 52.223-YY, Foams, in solicitations and contracts for--
(1) Products that may contain high global warming potential
hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons
as a foam blowing agent, such as building foam insulation or appliance
foam insulation; or
(2) Construction of buildings or facilities.
PART 25--FOREIGN ACQUISITION
25.1101 [Amended]
0
8. Amend section 25.1101 by removing from paragraph (f) ``, as defined
in the provision at 52.225-18''.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
9. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Redesignating paragraphs (b)(35) through (b)(53) as paragraphs
(b)(39) through (b)(57), respectively; and
0
c. Adding new paragraphs (b)(35) through (b)(38) to read as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders--Commercial Items (Date)
* * * * *
(b) * * *
___(35) 52.223-11, Ozone-Depleting Substances and High Global
Warming Potential Hydrofluorocarbons (Date) (E.O. 13693).
___(36) 52.223-12, Maintenance, Service, Repair, or Disposal of
Refrigeration Equipment and Air Conditioners (Date) (E.O. 13693).
___(37) 52.223-XX, Aerosols (Date) (E.O. 13693).
___(38) 52.223-YY, Foams (Date) (E.O. 13693).
* * * * *
0
10. Amend section 52.213-4 by--
0
a. Revising the date of the clause; and
0
b. Redesignating paragraphs (b)(1)(ix) through (b)(1)(xvi) as
paragraphs (b)(1)(xiii) through (b)(1)(xx), respectively; and
0
c. Adding new paragraphs (b)(1)(ix) through (b)(1)(xii) to read as
follows:
52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Items) (Date)
* * * * *
(b) * * *
(1) * * *
(ix) 52.223-11, Ozone-Depleting Substances and High Global
Warming Potential Hydrofluorocarbons (Date) (E.O. 13693) (applies to
contracts for products as prescribed at FAR 23.804(a)).
(x) 52.223-12, Maintenance, Service, Repair, or Disposal of
Refrigeration Equipment and Air Conditioners (Date) (E.O. 13693)
(Applies to maintenance, service, repair, or disposal of
refrigeration equipment and air conditioners).
(xi) 52.223-XX, Aerosols (Date) (E.O. 13693) (Applies to
products that may contain high global warming potential
hydrofluorocarbons as a propellant or as a solvent; or maintenance
or repair of electronic or mechanical devices).
(xii) 52.223-YY, Foams (Date) (E.O. 13693) (Applies to products
that may contain high global warming potential hydrofluorocarbons or
refrigerant blends containing hydrofluorocarbons as a foam blowing
agent; or construction of buildings or facilities.
* * * * *
0
11. Revise section 52.223-11 to read as follow:
52.223-11 Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons.
As prescribed in 23.804(a), insert the following clause:
Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Date)
(a) Definitions.
[[Page 26887]]
As used in this clause--
Global warming potential means a measure of the total energy
that a gas absorbs over a particular period of time (usually 100
years), compared to carbon dioxide.
High global warming potential hydrofluorocarbons means any
hydrofluorocarbons for which EPA's Significant New Alternatives
Policy (SNAP) program (40 CFR Part 82 Subpart G) identifies
acceptable lower global warming potential alternatives with
supplemental tables of alternatives available at (http://www.epa.gov/ozone/snap/).
Hydrofluorocarbons means compounds that only contain hydrogen,
fluorine, and carbon.
Ozone-depleting substance means any substance the Environmental
Protection Agency designates in 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 which contain or are
manufactured with ozone-depleting substances in the manner and to
the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 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) Reporting. For equipment and appliances that normally each
contain 50 or more pounds of hydrofluorocarbons or refrigerant
blends containing hydrofluorocarbons, the Contractor shall--
(1) Track on an annual basis, between October 1 and September
30, the amount in pounds of hydrofluorocarbons or refrigerant blends
containing hydrofluorocarbons contained in the equipment and
appliances delivered to the Government under this contract by--
(i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A,
R-404A, etc.);
(ii) Product or service code;
(iii) Equipment/appliance;
(iv) Contract number;
(v) Agency; and
(vi) Delivery location of equipment/appliance.
(2) Report that information to www.sam.gov--
(i) Annually by October 31 during each year during contract
performance; and
(ii) At the end of contract performance.
(d) Refer to EPA's Significant New Alternatives Policy (SNAP)
program (available at http://www.epa.gov/ozone/snap) to identify
acceptable alternatives to ozone-depleting substances and high
global warming potential hydrofluorocarbons.
(End of clause)
0
12. Revise section 52.223-12 to read as follows:
52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration
Equipment and Air Conditioners.
As prescribed in 23.804(b), insert the following clause:
Maintenance, Service, Repair, or Disposal of Refrigeration Equipment
and Air Conditioners (Date)
(a) Definitions.
As used in this clause--
Global warming potential means a measure of the total energy
that a gas absorbs over a particular period of time (usually 100
years), compared to carbon dioxide.
High global warming potential hydrofluorocarbons means any
hydrofluorocarbons for which EPA's Significant New Alternatives
Policy (SNAP) program (40 CFR Part 82 Subpart G) identifies
acceptable lower global warming potential alternatives with
supplemental tables of alternatives available at (http://www.epa.gov/ozone/snap/).
Hydrofluorocarbons means compounds that contain only hydrogen,
fluorine, and carbon.
(b) The Contractor shall comply with the applicable requirements
of Sections 608 and 609 of the Clean Air Act (42 U.S.C. 7671g and
7671h) as each or both apply to this contract.
(c) Unless otherwise specified in the contract, the Contractor
shall reduce the use, release, or emissions of high global warming
potential hydrofluorocarbons under this contract by--
(1) Transitioning over time from high global warming potential
hydrofluorocarbons to acceptable alternatives;
(2) Preventing and repairing refrigerant leaks through service
and maintenance during contract performance; and
(3) Implementing recovery, recycling, and responsible disposal
programs that avoid release or emissions during equipment service
and as the equipment reaches the end of its useful life.
(d) The Contractor shall--
(1) Track on an annual basis, between October 1 and September
30, by type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A,
R-404A, etc.), equipment/appliance, contract number, agency, and
location of equipment/appliance, the amount in pounds of
hydrofluorocarbons or refrigerant blends containing
hydrofluorocarbons added or taken out of equipment or appliances
under this contract that--
(i) Normally each contain 50 or more pounds of
hydrofluorocarbons or refrigerant blends containing
hydrofluorocarbons; and
(ii) Will be maintained, serviced, repaired, or disposed under
this contract; and
(2) Report that information to www.sam.gov--
(i) No later than October 31 of each year during contract
performance; and
(ii) At the end of contract performance.
(e) The Contractor shall refer to EPA's Significant New
Alternatives Policy (SNAP) program (available at http://www.epa.gov/ozone/snap) to identify acceptable alternatives to ozone-depleting
substances and high global warming potential hydrofluorocarbons that
consider the overall risks to human health and the environment.
(End of clause)
0
13. Add section 52.223-XX to read as follows:
52.223-XX Aerosols.
As prescribed in 23.804(c), insert the following clause:
Aerosols (Date)
(a) Definitions. As used in this clause--
Global warming potential means a measure of the total energy
that a gas absorbs over a particular period of time (usually 100
years), compared to carbon dioxide.
High global warming potential hydrofluorocarbons means any
hydrofluorocarbons for which EPA's Significant New Alternatives
Policy (SNAP) program (40 CFR Part 82 Subpart G) identifies
acceptable lower global warming potential alternatives with
supplemental tables of alternatives (available at http://www.epa.gov/ozone/snap/).
Hydrofluorocarbons means compounds that contain only hydrogen,
fluorine, and carbon.
(b) Unless otherwise specified in the contract, the Contractor
shall reduce its use, release, or emissions of high global warming
potential hydrofluorocarbons from aerosol propellants or solvents
under this contract, by furnishing products and equipment or
performing services using acceptable alternatives, when feasible.
(c) The Contractor shall refer to EPA's Significant New
Alternatives Policy (SNAP) program (available at http://www.epa.gov/ozone/snap) to identify acceptable alternatives to ozone-depleting
substances and high global warming potential hydrofluorocarbons that
consider the overall risks to human health and the environment.
(End of clause)
0
14. Add section 52.223-YY to read as follows:
52.223-YY Foams.
As prescribed in 23.804(d), insert the following clause:
Foams (Date)
(a) Definitions. As used in this clause--
Global warming potential means a measure of the total energy
that a gas absorbs over a particular period of time (usually 100
years), compared to carbon dioxide.
High global warming potential hydrofluorocarbons means any
hydrofluorocarbons for which EPA's Significant New Alternatives
Policy (SNAP) program (40 CFR Part 82 Subpart G) identifies
acceptable lower global warming potential alternatives with
supplemental tables of alternatives available at (http://www.epa.gov/ozone/snap/).
Hydrofluorocarbons means compounds that contain only hydrogen,
fluorine, and carbon.
(b) Unless otherwise specified in the contract, the Contractor
shall reduce its use, release, and emissions of high global warming
potential hydrofluorocarbons and refrigerant blends containing
hydrofluorocarbons from foam blowing agents, under this contract, by
furnishing
[[Page 26888]]
products and equipment or construction using acceptable
alternatives, when feasible.
(c) The Contractor shall refer to EPA's Significant New
Alternatives Policy (SNAP) program (available at http://www.epa.gov/ozone/snap) to identify acceptable alternatives to ozone-depleting
substances and high global warming potential hydrofluorocarbons.
(End of clause)
[FR Doc. 2015-11231 Filed 5-8-15; 8:45 am]
BILLING CODE 6820-EP-P