Ban for Nonessential Products Containing Ozone-depleting Substances
Nonessential products include all aerosol products, pressurized dispensers, and foam products containing, or manufactured with, chlorofluorocarbonsA family of chemicals commonly used in air conditioners and refrigerators as coolants and also as solvents and aerosol propellants. CFCs drift into the upper atmosphere where their chlorine components destroy ozone. CFCs are thought to be a major cause of the ozone hole over Antarctica. (CFCs) or hydrochlorofluorocarbonsCompounds containing hydrogen, fluorine, chlorine, and carbon atoms. Although ozone depleting substances, they are less potent at destroying stratospheric ozone than chlorofluorocarbons (CFCs). They have been introduced as temporary replacements for CFCs and are also greenhouse gases. See ozone depleting substance. (HCFCs). CFCs are Class I ODS, while HCFCs are Class II ODS. EPA regulations ban these products from sale and distribution in interstate commerce in the United States. Banned products also cannot be incorporated into larger products (e.g., packaging material).
The nonessential products ban also applies to air-conditioning and refrigeration equipment that contain Class I substances.
Product Exemptions under the Nonessential Products Regulations
Certain products are exempt from the nonessential products ban, as described in the following table.
| Aerosol Products and Other Pressurized Dispensers | |
|---|---|
| Exemptions | Conditions of Exemption |
| Aircraft pesticides | For use until an alternative is available |
| Medical devices | Contingent upon U.S. Food and Drug Administration listing at 21 CFR 2.125(e) |
| Lubricants, coatings, or cleaning fluids containing CFCs or HCFCs used as solvents for aircraft maintenance | None |
| Lubricants, coatings, or cleaning fluids containing CFCs or HCFCs used as solvents for electrical, electronic, or photographic equipment | Cleaning fluids for electronic and photographic equipment are exempt for commercial sale/distribution only; seller must verify that the purchaser represents a commercial entity and post a sign regarding the restriction |
| Mold release agents containing CFCs and HCFCs used as solvents | None |
| Mold release agents containing HCFC-22 as a propellant | For use where no alternative (or alternative formulation) is available; seller must notify purchaser about the restriction |
| Spinnerette lubricant/cleaning sprays containing CFCs or HCFCs used as solvents and/or propellants | None |
| Document preservation sprays containing CFCs and HCFCs used as solvents | None |
| Document preservation sprays containing CFCs or HCFCs used as propellants | For use on thick books, books with coated or dense paper, and tightly bound documents only |
| Portable fire extinguishing equipment containing HCFCs | For use in nonresidential applications only |
| Wasp and hornet sprays | For use near high-tension power lines only; seller must notify purchaser about restrictions |
| Foam Products | |
|---|---|
| Exemptions | Conditions of Exemptions |
| Foam blown with CFCs used to provide thermal protection for space vehicles | None |
| Closed cell rigid polyurethane foam | None |
| Closed cell rigid polystyrene boardstock foam | None |
| Closed cell rigid phenolic foam | None |
| Closed cell rigid polyethylene foam | For use solely as pipe insulation |
| Integral skin foam blown with CFCs used in commercial aviation manufactured and placed into initial inventory prior to January 14, 2002 | None |
| Air-Conditioning and Refrigeration Equipment (using CFCs) | |
|---|---|
| Exemptions | Conditions of Exemption |
| None | None |
| Cleaning Fluids for Electronic and Photographic Equipment | |
|---|---|
| Exemptions | Conditions of Exemption |
| Non-aerosol cleaning fluids containing CFCs used on electronic and photographic equipment | For commercial sale/distribution only; seller must verify that purchaser represents a commercial entity and post a sign about the restrictions |
| Categories for Grandfathering | |
|---|---|
| Categories | Conditions |
| Products containing HCFCs manufactured and placed into initial inventory by December 31, 1993 | Seller must retain proof of date of manufacture |
| Products containing HCFCs that require federal approval for reformulation for which an application was submitted to the approving agency by January 1, 1994 |
Seller may continue to sell/distribute until:
|
| Integral skin foam used to provide motor vehicle safety manufactured and placed into initial inventory prior to January 1, 1996 | Seller must retain proof of date of manufacture |
| A replacement part, or its packaging, containing or manufactured with CFCs, where the replacement part was manufactured and placed into initial inventory prior to April 16, 1992 | For a part used in a single model of a product, where the product has not been manufactured on or after January 1, 1994; seller must retain proof of date of manufacture |