[Code of Federal Regulations]
[Title 40, Volume 17]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR82.62]

[Page 567]
 
                   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 
 
Sec. 82.62  Definitions.

    For purposes of this subpart:
    Chlorofluorocarbon means any substance listed as Class I group I or 
Class I group III in 40 CFR part 82, appendix A to subpart A.
    Class II Substance means any substance designated as class II in 40 
CFR part 82, appendix B to subpart A.
    Commercial, when used to describe the purchaser of a product, means 
a person that uses the product in the purchaser's business or sells it 
to another person and has one of the following identification numbers:
    (1) A federal employer identification number;
    (2) A state sales tax exemption number;
    (3) A local business license number; or
    (4) A government contract number.
    Consumer, when used to describe a person taking action with regard 
to a product, means the ultimate purchaser, recipient or user of a 
product.
    Distributor, when used to describe a person taking action with 
regard to a product means:
    (1) The seller of a product to a consumer or another distributor; or
    (2) A person who sells or distributes that product in interstate 
commerce for export from the United States.
    Foam Insulation Product, when used to describe a product containing 
or consisting of plastic foam, means a product containing or consisting 
of the following types of foam:
    (1) Closed cell rigid polyurethane foam;
    (2) Closed cell rigid polystyrene boardstock foam;
    (3) Closed cell rigid phenolic foam; and
    (4) Closed cell rigid polyethylene foam when such foam is suitable 
in shape, thickness and design to be used as a product that provides 
thermal insulation around pipes used in heating, plumbing, 
refrigeration, or industrial process systems.
    Hydrochlorofluorocarbon means any substance listed as class II in 40 
CFR part 82, appendix B to subpart A.
    Initial Inventory means that the original product has completed all 
of its manufacturing processes and is ready for sale by the 
manufacturer. Products in initial inventory may be subsequently 
incorporated into another product by a different manufacturer after 
purchase. To continue selling products after the effective date of the 
provisions, the manufacturer or distributor must be able to show, upon 
request by EPA, that the product was in fact manufactured, and thus 
placed into initial inventory prior to the effective date. Shipping 
forms, lot numbers, manufacturer date stamps or codes, invoices, or the 
like are normally kept records that could be maintained from the time 
the product was put into initial inventory and may be used to 
demonstrate when a product was placed in initial inventory.
    Product means an item or category of items manufactured from raw or 
recycled materials which is used to perform a function or task.
    Release means to emit into the environment during the manufacture, 
use, storage or disposal of a product.
    Space Vehicles means a man-made device, either manned or unmanned, 
designed for operation beyond earth's atmosphere. This definition 
includes integral equipment such as models, mock-ups, prototypes, molds, 
jigs, tooling, hardware jackets, and test coupons. Also included is 
auxiliary equipment associated with test, transport, and storage, which 
through contamination can compromise the space vehicle performance.

[58 FR 69675, Dec. 30, 1993, as amended at 61 FR 64427, Dec. 4, 1996; 66 
FR 57522, Nov. 15, 2001]

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