42 U.S.C. § 7671 — Definitions

(1) Appliance. Any device that contains and uses a class I or class II substance as a refrigerant for household or commercial purposes, including air conditioners, refrigerators, chillers, and freezers. (2) Baseline year. The year used to measure a substance's past production: (A) 1986, for class I substances in Group I or II; (B) 1989, for class I substances in Group III, IV, or V; and (C) a year EPA picks, for a substance added to the class I list after the initial list was published, or for any class II substance. (3) Class I substance. Any substance listed under section 7671a(a). (4) Class II substance. Any substance listed under section 7671a(b). (5) Commissioner. The Commissioner of the Food and Drug Administration. (6) Consumption. For any substance, the amount produced in the United States, plus the amount imported, minus the amount exported to countries that are Parties to the Montreal Protocol. This must be read consistently with the Protocol. (7) Import. To land, bring, or introduce something into any place under U.S. jurisdiction — or to try to — whether or not that counts as an "importation" under the regular customs laws. (8) Medical device. A device, diagnostic product, drug, or drug delivery system (as those terms are defined in the Federal Food, Drug, and Cosmetic Act) that: (A) uses a class I or class II substance because no safe, effective substitute has been developed (and, where necessary, approved by the Commissioner); and (B) has, after notice and public comment, been approved and found essential by the Commissioner, working with EPA. (9) Montreal Protocol. The Montreal Protocol on Substances that Deplete the Ozone Layer — an international agreement under the Vienna Convention for the Protection of the Ozone Layer — including any adjustments or amendments that have taken effect. (10) Ozone-depletion potential. A number EPA assigns to a substance, showing how much it depletes ozone, by mass per kilogram, compared to chlorofluorocarbon-11 (CFC-11). It's based on the substance's atmospheric lifetime, the molecular weight of its bromine and chlorine, its ability to break apart under light, and other factors that accurately measure ozone-depletion potential. (11) Produce, produced, and production. Making a substance from any raw material or feedstock chemical. This does not include: (A) making a substance that is used and, except for trace amounts, entirely consumed while making other chemicals; or (B) reusing or recycling a substance.