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Nonessential Product Bans
The Environmental Protection Agency (EPA) issued regulations that implement the Congressionally-mandated ban on the sale and distribution of certain nonessential products. Section 610 of the Clean Air Act (the Act), as amended, prohibits the sale, distribution, or offer for sale or distribution in interstate commerce, of certain nonessential products containing chlorofluorocarbons (CFCs) which are listed as class I substances, and hydrochlorofluorocarbons (HCFCs) which are listed as class II substances. EPA promulgated regulations implementing the various parts of Section 610, published in the Federal Register on January 15, 1993 (58 FR 4768), and on December 30 1993 (58 FR 69638, 58 FR 69672). In addition, EPA amended the class II ban to permit the use of HCFCs as fire extinguishants in portable fire extinguishers for non-residential applications (December 4, 1996, 61 FR 64424).
Nonessential Products
All aerosol products, pressurized dispensers and foam products containing, or manufactured with, CFCs and HCFCs -- except those specifically exempted by the regulations and those that are listed as essential medical devices by the Food and Drug Administration, at 21 CFR 2.125(e) -- are banned from sale and distribution in interstate commerce in the United States. Banned products cannot be incorporated into larger products (e.g. packaging material). Attached at the end of this fact sheet is a summary of the exemptions from the class I and class II bans and any specific conditions that may apply.
Interstate Commerce
The term "interstate commerce" in section 610 refers to the product's entire distribution chain up to and including the point of sale to the ultimate consumer. Both the import of any product for sale or distribution within the United States, and/or the sale or distribution of any products intended for ultimate export from the United States, are acts of interstate commerce and accordingly, are affected by the nonessential products bans.
Grandfathering
Class I Ban:
- At the time the class I (or CFC) ban was promulgated, EPA provided a one-year sell-through for products that are considered nonessential and release CFCs during manufacture, use, or disposal. This sell-through expired on January 17, 1994.
- Banned replacement parts that contain or are manufactured with CFCs or are packaged in material that contain or are manufactured with CFCs, for use in a single model of a product, where the part and the product are no longer manufactured, and where the part was placed into initial inventory prior to April 16, 1992, may continue to be sold and distributed. In most cases these parts are for use in durable goods (e.g. replacement parts for a 1990 automobile).
Class II Ban:
- Banned products that contain or are manufactured with HCFCs, and were placed into initial inventory by the manufacturer by December 31, 1993, can continue to be sold and distributed, or offered for sale or distribution, in interstate commerce.
- A temporary exemption exists for banned HCFC-products that require federal approval for the reformulations (such as pesticides requiring registrations). In order to qualify for this exemption, applications to all appropriate federal agencies were due by January 1, 1994.
- A temporary exemption exists for integral skin foam products manufactured with HCFCs used to meet federal automotive safety standards where the products were placed into initial inventory prior to January 1, 1996.
Verification Documents
To continue selling or distributing grandfathered products the manufacturer or distributor must be able to show, upon request by EPA, that the products were in fact manufactured and thus placed into initial inventory by the appropriate allowable dates. EPA does not specify the particular type of documentation that verifies that a product meets the requirements for grandfathering. EPA suggests the use of shipping forms, lot numbers, manufacture date stamps, invoices, or the like, to identify the date the product was placed into initial inventory.
Additional Information
Below is a list of products exempted from the nonessential product bans and information concerning any special conditions that may apply. For further information concerning the nonessential product bans please call the Stratospheric Ozone Information Hotline at 1 (800) 296-1996 (international callers should dial 1 (202) 564-1613) or write to:
Nonessential Products Ban Program Manager
U.S. EPA (6205J)
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460-0001
SUMMARY OF PRODUCT EXEMPTIONS UNDER THE NONESSENTIAL PRODUCTS REGULATIONS
Aerosol, other pressurized dispenser products, and foams made with class I substances were banned effective January 17, 1994. Those made with class II substances were banned effective January 1, 1994. Certain products, including party streamers and noise horns were specifically banned by the Clean Air Act Amendments of 1990, effective February 16, 1993.
Other than the products listed below, all aerosol, pressurized dispensers, and foam products that contain or are manufactured with CFCs, or HCFCs are banned. Cleaning fluids for specific applications that contain CFCs are also banned, Certain products were, however, eligible for grandfathering. For more information see the final rules for the Class I and Class II Bans at 58 FR 4768, 58 FR 69638, 58 FR 69672 and 61 FR 64424.
If your browser does not display tables, please call the Stratospheric Ozone Information Hotline to receive a free copy of this fact sheet.
| Exemptions | Conditions of Exemption |
|---|---|
| Aircraft pesticides | For use until an alternative is available |
| Medical devices | Contingent upon FDA listing at 21 CFR 2.125(e) |
| Gauze bandage adhesives & adhesive removers | Class I exemption |
| Topical anesthetic & vapocoolant products | Class I exemption |
| Lubricants for pharmaceutical tablet manufacture | Class I exemption |
| Lubricants, coatings, or cleaning fluids for aircraft maintenance containing CFCs or HCFCs as solvents | None |
| Lubricants, coatings, or cleaning fluids for electrical, electronic or photographic equipment containing CFCs or HCFCs as solvents | 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 as solvents | None |
| Mold release agents containing HCFC-22 as a propellant | For use where no alternative, including an alternative formulation, is available; seller must notify purchaser about the restriction |
| Spinnerette lubricant/cleaning sprays containing CFCs or HCFCs as solvents and/or propellants | None |
| Containers of CFCs used as halogen ion sources in plasma etching | None |
| Document preservation sprays containing CFCs and HCFCs as solvents | None |
| Document preservation sprays containing CFCS or HCFCs as propellants | For use on thick books, books with coated or dense paper, and tightly bound documents, only |
| Red pepper bear repellent sprays containing CFC-113 as a solvent | None |
| Portable fire extinguishing equipment containing HCFCs as fire extinguishants | For use in non-residential applications only; Class II exemption only |
| Wasp and hornet sprays | For use near high-tension power lines only; seller must notify purchaser about restrictions |
| Exemptions | Conditions of Exemptions |
|---|---|
| Foam blown with CFCs used in coaxial cable | None |
| Closed cell rigid polyurethane foam | None |
| Closed cell rigid polystyrene boardstock | None |
| Closed cell rigid phenolic foam | None |
| Closed cell rigid polyethylene foam | For use solely as pipe insulation |
| Integral skin foam blow with CFCs | None |
| Integral skin foam blown with HCFCs used to provide motor vehicle safety | Exemption expired January 1, 1996 |
| Exemptions | Conditions of Exemption |
|---|---|
| Non-aerosol cleaning fluids for electronic and photographic equipment containing CFCs | For commercial sale/distribution only; seller must verify that purchaser represents a commercial entity and post a sign about the restrictions |
| 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 both the product has not been manufactured on or after January 1, 1994; seller must retain proof of date of manufacture |