§7671 Definitions

Summary

Defines key words used in the rules about substances that harm the ozone layer. It gives short explanations for terms you will see later in the law. Appliance is a household or commercial device that uses a class I or class II refrigerant, like air conditioners, refrigerators, chillers, or freezers. Baseline year is 1986 for certain Group I or II class I substances, 1989 for Group III–V class I substances, or a representative year chosen by the Administrator for substances added later and for all class II substances. Class I substance refers to the specific chemicals listed under 7671a(a). Class II substance refers to the specific chemicals listed under 7671a(b). Commissioner means the Commissioner of the Food and Drug Administration. Consumption is the amount produced in the United States plus imports minus exports to Parties to the Montreal Protocol, counted in a way that matches the Montreal Protocol. Import means bringing or trying to bring something into any place under U.S. jurisdiction, even if customs law would not call it an import. Medical device means any device, diagnostic product, drug, or drug delivery system (as defined in the Federal Food, Drug, and Cosmetic Act) that uses a class I or II substance when no safe alternative exists, is approved by the Commissioner when needed, and has been found essential after public notice and comment with the Commissioner consulting the Administrator. Montreal Protocol means the Montreal Protocol on Substances that Deplete the Ozone Layer, a protocol to the Vienna Convention, including adjustments and amendments that have entered into force. Ozone-depletion potential is a factor the Administrator sets that compares a substance’s effect to CFC–11 and is based on atmospheric lifetime, the molecular weight of bromine and chlorine, how easily the substance breaks down in light, and other accurate measures. Produce, produced, and production mean making a substance from raw materials, but do not include making a substance that is all used up in making other chemicals (except tiny leftovers) or reusing or recycling a substance.