[Code of Federal Regulations]

[Title 40, Volume 17]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR82.104]



[Page 570-572]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 82_PROTECTION OF STRATOSPHERIC OZONE--Table of Contents

 

   Subpart E_The Labeling of Products Using Ozone-Depleting Substances

 

Sec.  82.104  Definitions.



    (a) Class I substance means any substance designated as class I in 

40 CFR part 82, appendix A to subpart A, including chlorofluorocarbons, 

halons, carbon tetrachloride and methyl chloroform and any other 

substance so designated by the Agency at a later date.

    (b) Class II substance means any substance designated as class II in 

40 CFR part 82, appendix A to subpart A, including 

hydrochlorofluorocarbons and any other substance so designated by the 

Agency at a later date.

    (c) Completely destroy means to cause the destruction of a 

controlled substance by one of the five destruction processes approved 

by the Parties at a demonstrable destruction efficiency of 98 percent or 

more or a greater destruction efficiency if required under other 

applicable federal regulations.

    (d) Consumer means a commercial or non-commercial purchaser of a 

product or container that has been introduced into interstate commerce.

    (e) Container means the immediate vessel in which a controlled 

substance is stored or transported.

    (f) Container containing means a container that physically holds a 

controlled substance within its structure that is intended to be 

transferred to another container, vessel or piece of equipment in order 

to realize its intended use.

    (g) Controlled substance means a class I or class II ozone-depleting 

substance.

    (h) Destruction means the expiration of a controlled substance, that 

does not result in a commercially useful end product using one of the 

following controlled processes in a manner that complies at a minimum 

with the ``Code of Good Housekeeping'' of Chapter 5.5 of the United 

Nations Environment Programme (UNEP) report entitled, Ad-Hoc Technical 

Advisory Committee on ODS Destruction Technologies, as well as the whole 

of Chapter 5 from that report, or with more stringent requirements as 

applicable. The report is available from the Environmental Protection 

Agency, Public Docket A-91-60, 401 M Street, SW., Washington, DC 20460 

The controlled processes are:

    (1) Liquid injection incineration;

    (2) Reactor cracking;

    (3) Gaseous/fume oxidation;

    (4) Rotary kiln incineration; or

    (5) Cement kiln.

    (i) Distributor means a person to whom a product is delivered or 

sold for purposes of subsequent resale, delivery or export.

    (j) Export means the transport of virgin, used, or recycled class I 

or class II substances or products manufactured or containing class I or 

class II substances from inside the United States or its territories to 

persons outside the United States or its territories, excluding United 

States military bases and ships for on-board use.

    (k) Exporter means the person who contracts to sell class I or class 

II substances or products manufactured with or containing class I or 

class II substances for export or transfers such substances or products 

to his affiliate in another country.

    (l) Import means to land on, bring into, or introduce into, or 

attempt to land on, bring into, or introduce into any place subject to 

the jurisdiction of the United States whether or not such landing, 

bringing, or introduction constitutes an importation within the



[[Page 571]]



meaning of the customs laws of the United States, with the exception of 

temporary off-loading of products manufactured with or containers 

containing class I or class II substances from a ship are used for 

servicing of that ship.

    (m) Importer means any person who imports a controlled substance, a 

product containing a controlled substance, a product manufactured with a 

controlled substance, or any other chemical substance (including a 

chemical substance shipped as part of a mixture or article), into the 

United States. ``Importer'' includes the person primarily liable for the 

payment of any duties on the merchandise or an authorized agent acting 

on his or her behalf. The term also includes, as appropriate:

    (1) The consignee;

    (2) The importer of record listed on U.S. Customs Service forms for 

the import;

    (3) The actual owner if an actual owner's declaration and 

superseding bond has been filed; or

    (4) The transferee, if the right to draw merchandise in a bonded 

warehouse has been transferred.

    (n) Interstate commerce means the distribution or transportation of 

any product between one state, territory, possession or the District of 

Columbia, and another state, territory, possession or the District of 

Columbia, or the sale, use or manufacture of any product in more than 

one state, territory, possession or District of Columbia. The entry 

points for which a product is introduced into interstate commerce are 

the release of a product from the facility in which the product was 

manufactured, the entry into a warehouse from which the domestic 

manufacturer releases the product for sale or distribution, and at the 

site of United States Customs clearance.

    (o) Manufactured with a controlled substance means that the 

manufacturer of the product itself used a controlled substance directly 

in the product's manufacturing, but the product itself does not contain 

more than trace quantities of the controlled substance at the point of 

introduction into interstate commerce. The following situations are 

excluded from the meaning of the phrase ``manufactured with'' a 

controlled substance:

    (1) Where a product has not had physical contact with the controlled 

substance;

    (2) Where the manufacturing equipment or the product has had 

physical contact with a controlled substance in an intermittent manner, 

not as a routine part of the direct manufacturing process;

    (3) Where the controlled substance has been transformed, except for 

trace quantities; or

    (4) Where the controlled substance has been completely destroyed.

    (p) Potentially available means that adequate information exists to 

make a determination that the substitute is technologically feasible, 

environmentally acceptable and economically viable.

    (q) Principal display panel (PDP) means the entire portion of the 

surface of a product, container or its outer packaging that is most 

likely to be displayed, shown, presented, or examined under customary 

conditions of retail sale. The area of the PDP is not limited to the 

portion of the surface covered with existing labeling; rather it 

includes the entire surface, excluding flanges, shoulders, handles, or 

necks.

    (r) Product means an item or category of items manufactured from raw 

or recycled materials, or other products, which is used to perform a 

function or task.

    (s) Product containing means a product including, but not limited 

to, containers, vessels, or pieces of equipment, that physically holds a 

controlled substance at the point of sale to the ultimate consumer which 

remains within the product.

    (t) Promotional printed material means any informational or 

advertising material (including, but not limited to, written 

advertisements, brochures, circulars, desk references and fact sheets) 

that is prepared by the manufacturer for display or promotion concerning 

a product or container, and that does not accompany the product to the 

consumer.

    (u) Retailer means a person to whom a product is delivered or sold, 

if such delivery or sale is for purposes of sale



[[Page 572]]



or distribution in commerce to consumers who buy such product for 

purposes other than resale.

    (v) Spare parts means those parts that are supplied by a 

manufacturer to another manufacturer, distributor, or retailer, for 

purposes of replacing similar parts with such parts in the repair of a 

product.

    (w) Supplemental printed material means any informational material 

(including, but not limited to, package inserts, fact sheets, invoices, 

material safety data sheets, procurement and specification sheets, or 

other material) which accompanies a product or container to the consumer 

at the time of purchase.

    (x) Transform means to use and entirely consume a class I or class 

II substance, except for trace quantities, by changing it into one or 

more substances not subject to this subpart in the manufacturing process 

of a product or chemical.

    (y) Type size means the actual height of the printed image of each 

capital letter as it appears on a label.

    (z) Ultimate consumer means the first commercial or non-commercial 

purchaser of a container or product that is not intended for re-

introduction into interstate commerce as a final product or as part of 

another product.

    (aa) Warning label means the warning statement required by section 

611 of the Act. The term warning statement shall be synonymous with 

warning label for purposes of this subpart.

    (bb) Waste means, for purposes of this subpart, items or substances 

that are discarded with the intent that such items or substances will 

serve no further useful purpose.

    (cc) Wholesaler means a person to whom a product is delivered or 

sold, if such delivery or sale is for purposes of sale or distribution 

to retailers who buy such product for purposes of resale.