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
"(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
"(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to provide the Administrator with such person's unpublished health and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).
"SEC. 613. FEDERAL PROCUREMENT.
"Not later than 18 months after the enactment of the Clean Air
Act Amendments of 1990, the Administrator, in consultation with the
Administrator of the General Services Administration and the Secretary
of Defense, shall promulgate regulations requiring each department,
agency, and instrumentality of the United States to conform its
procurement regulations to the policies and requirements of this title
and to maximize the substitution of safe alternatives identified under
section 612 for class I and class II substances. Not later than 30
months after the enactment of the Clean Air Act
Amendments of 1990, each department, agency, and instrumentality of
the United States shall so conform its procurement regulations and
certify to the President that its regulations have been modified in
accordance with this section.
"SEC. 614. RELATIONSHIP TO OTHER LAWS.
"(a) State Laws.-Notwithstanding section 116, during the 2-year
period beginning on the enactment of the Clean Air Act Amendments of
1990, no State or local government may enforce any requirement
concerning the design of any new or recalled appliance for the purpose
of protecting the stratospheric ozone layer.
"(b) Montreal Protocol.-This title as added by the Clean Air Act
Amendments of 1990 shall be construed, interpreted, and applied as a
supplement to the terms and conditions of the Montreal Protocol, as