FAR and DFARS › FAR Part 23: Environment, Sustainable Acquisition, and Material Safety › Subpart 23.1
FAR 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.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section directs agencies to run cost-effective programs that minimize buying materials and substances that harm stratospheric ozone or emit high global warming potential hydrofluorocarbons. It also tells agencies to prefer acceptable alternative chemicals, products, and processes and to follow Clean Air Act and EPA rules when writing specifications and making purchases. For contractors, this can affect what products and processes are specified or allowed in a contract.
Applies to: Agencies and contractors involved in acquiring products and services that contain, use, or are manufactured with ozone-depleting substances or high global warming potential hydrofluorocarbons
What it requires
- Comply with 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) when preparing specifications and purchase descriptions and acquiring products and services
- Substitute acceptable alternatives to ozone-depleting substances to the maximum extent practicable, except for Class I substances used for specified essential uses
- Unless the contract requires otherwise, specify that contractors shall use another acceptable alternative in lieu of a high global warming potential hydrofluorocarbon when feasible and when EPA's SNAP program has identified lower global warming potential alternatives
Key terms: ozone-depleting substances · high global warming potential hydrofluorocarbons · acceptable alternative · EPA SNAP Program · Class I substances
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(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 programs. 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.
← 23.107-3 Energy-consuming products and water-consuming products. · 23.108 Required Environmental Protection Agency purchasing programs. →
Rule changes for FAR Part 23
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · final rule 2025-08-27 · effective 2025-10-01
- Federal Acquisition Regulation: Disclosure of Greenhouse Gas Emissions and Climate-Related Financial Risk ↗ · proposed 2025-01-13
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · proposed 2024-11-29 · comments due 2025-01-28
- Federal Acquisition Regulation; Technical Amendments ↗ · final rule 2024-07-30 · effective 2024-08-29
- Federal Acquisition Regulation: Sustainable Procurement ↗ · final rule 2024-04-22 · effective 2024-05-22
- Federal Acquisition Regulation: Improving Consistency Between Procurement and Nonprocurement Procedures on Suspension and Debarment ↗ · proposed 2024-01-09 · comments due 2024-03-11
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.