42 U.S.C. § 7671i — Nonessential products containing chlorofluorocarbons

(a) Regulations. Within 1 year of November 15, 1990, EPA had to issue regulations to carry out this section. (b) Nonessential products. EPA's regulations must identify "nonessential products" that release class I substances into the environment — whether during manufacturing, use, storage, or disposal — and must ban anyone from selling, distributing, or offering such a product for sale or distribution across state lines. At minimum, this ban must cover: (1) chlorofluorocarbon-propelled plastic party streamers and noise horns; (2) chlorofluorocarbon-based cleaning fluids for noncommercial electronic and photographic equipment; and (3) other consumer products that EPA determines (A) release class I substances into the environment, and (B) are nonessential. In deciding whether a product is nonessential, EPA must consider its purpose or intended use, whether substitutes for the product or the class I substance are available, safety, health, and other relevant factors. (c) Effective date. Starting 24 months after November 15, 1990, it's illegal to sell, distribute, or offer to sell or distribute across state lines any nonessential product covered by the (a) and (b) regulations. (d) Other products. (1) Starting January 1, 1994, it's illegal to sell, distribute, or offer to sell or distribute across state lines: (A) any aerosol product or other pressurized dispenser containing a class II substance; or (B) any plastic foam product that contains, or is made with, a class II substance. (2) EPA may grant exceptions to the (1)(A) aerosol ban if: (A) EPA decides the aerosol product or dispenser is essential because of flammability or worker-safety concerns, and (B) the only alternative to the class II substance is a class I substance that could legally replace it. (3) The (1)(B) foam ban doesn't apply to: (A) foam insulation products; or (B) integral-skin, rigid, or semi-rigid foam used to meet Federal Motor Vehicle Safety Standards, where no adequate substitute (other than a class I or class II substance) works. (e) Medical devices. Nothing in this section applies to a medical device, as that term is defined in section 7671(8).