[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: 40CFR82.106]



[Page 572-573]

 

                   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.  82.106  Warning statement requirements.



    (a) Required warning statements. Unless otherwise exempted by this 

subpart, each container or product identified in Sec.  82.102 (a) or (b) 

shall bear the following warning statement, meeting the requirements of 

this subpart for placement and form:



    WARNING: Contains [or Manufactured with, if applicable] [insert name 

of substance], a substance which harms public health and environment by 

destroying ozone in the upper atmosphere.



    (b) Exemptions from warning label requirement. The following 

products need not bear a warning label:

    (1) Products containing trace quantities of a controlled substance 

remaining as a residue or impurity due to a chemical reaction, and where 

the controlled substance serves no useful purpose in or for the product 

itself. However, if such product was manufactured using the controlled 

substance, the product is required to be labeled as a ``product 

manufactured with'' the controlled substance, unless otherwise exempted;

    (2) Containers containing a controlled substance in which trace 

quantities of that controlled substance remain as a residue or impurity;

    (3) Waste containing controlled substances or blends of controlled 

substances bound for discard;

    (4) Products manufactured using methyl chloroform or CFC-113 by 

persons who can demonstrate and certify a 95% reduction in overall usage 

from their 1990 calendar year usage of methyl chloroform or CFC-113 as 

solvents during a twelve (12) month period ending within sixty (60) days 

of such certification or during the most recently completed calendar 

year. In calculating such reduction, persons may subtract from 

quantities used those quantities for which they possess accessible data 

that establishes the amount of methyl chloroform or CFC-113 transformed. 

Such subtraction must be performed for both the applicable twelve month 

period and the 1990 calendar year. If at any time future usage exceeds 

the 95% reduction, all products manufactured with methyl chloroform or 

CFC-113 as solvents by that person must be labeled immediately. No 

person may qualify for this exemption after May 15, 1994;

    (5) Products intended only for export outside of the United States 

shall not be considered ``products introduced into interstate commerce'' 

provided such products are clearly designated as intended for export 

only;



[[Page 573]]



    (6) Products that are otherwise not subject to the requirements of 

this subpart that are being repaired, using a process that uses a 

controlled substance.

    (7) Products, processes, or substitute chemicals undergoing research 

and development, by which a controlled substance is used. Such products 

must be labeled when they are introduced into interstate commerce.

    (c) Interference with other required labeling information. The 

warning statement shall not interfere with, detract from, or mar any 

labeling information required on the labeling by federal or state law.