[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: 40CFR82.70]



[Page 567-568]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 82_PROTECTION OF STRATOSPHERIC OZONE--Table of Contents

 

Subpart C_Ban on Nonessential Products Containing Class I Substances and 

 Ban on Nonessential Products Containing or Manufactured With Class II 

                               Substances

 

Sec.  82.70  Nonessential Class II products and exceptions.



    The following products which release a class II substance (as 

designated as class II in 40 CFR part 82, appendix B to subpart A) are 

identified as being nonessential and the sale or distribution of such 

products is prohibited under Sec.  82.64 (d), (e), or (f)--

    (a) Any aerosol product or other pressurized dispenser which 

contains a class II substance:

    (1) Including but not limited to household, industrial, automotive 

and pesticide uses;

    (2) Except--

    (i) Medical devices listed in 21 CFR 2.125(e);

    (ii) Lubricants, coatings or cleaning fluids for electrical or 

electronic equipment, which contain class II substances for solvent 

purposes, but which contain no other class II substances;

    (iii) Lubricants, coatings or cleaning fluids used for aircraft 

maintenance, which contain class II substances for solvent purposes but 

which contain no other class II substances;

    (iv) Mold release agents used in the production of plastic and 

elastomeric



[[Page 568]]



materials, which contain class II substances for solvent purposes but 

which contain no other class II substances, and/or mold release agents 

that contain HCFC-22 as a propellant where evidence of good faith 

efforts to secure alternatives indicates that, other than a class I 

substance, there are no suitable alternatives;

    (v) Spinnerette lubricants/cleaning sprays used in the production of 

synthetic fibers, which contain class II substances for solvent purposes 

and/or contain class II substances for propellant purposes;

    (vi) Document preservation sprays which contain HCFC-141b as a 

solvent, but which contain no other class II substance; and/or which 

contain HCFC-22 as a propellant, but which contain no other class II 

substance and which are used solely on thick books, books with coated, 

dense or paper and tightly bound documents;

    (vii) Portable fire extinguishing equipment used for non-residential 

applications; and

    (viii) Wasp and hornet sprays for use near high-tension power lines 

that contain a class II substance for solvent purposes only, but which 

contain no other class II substances.

    (b) Any aerosol or pressurized dispenser cleaning fluid for 

electronic and photographic equipment which contains a class II 

substance, except for those sold or distributed to a commercial 

purchaser.

    (c) Any plastic foam product which contains, or is manufactured 

with, a class II substance,

    (1) Including but not limited to household, industrial, automotive 

and pesticide uses,

    (2) Except--

    (i) Any foam insulation product, as defined in Sec.  82.62(h); and

    (ii) Integral skin foam utilized to provide for motor vehicle safety 

in accordance with Federal Motor Vehicle Safety Standards until January 

1, 1996, after which date such products are identified as nonessential 

and may only be sold or distributed or offered for sale or distribution 

in interstate commerce in accordance with Sec.  82.65(d).



[58 FR 69675, Dec. 30, 1993, as amended at 61 FR 64427, Dec. 4, 1996]