§7671i Nonessential Products Containing Chlorofluorocarbons

Summary

The Administrator must write rules within 1 year after November 15, 1990, to ban the sale or distribution across state lines of nonessential products that release class I substances (including releases during making, use, storage, or disposal). The rules must at least ban CFC‑propelled plastic party streamers and noise horns, CFC cleaning fluids for noncommercial electronic and photographic gear, and other consumer products the Administrator finds both release class I substances and are nonessential. In deciding “nonessential,” the Administrator must look at the product’s purpose, whether substitutes exist, safety, health, and other relevant factors. It becomes illegal 24 months after November 15, 1990, to sell or offer for sale those covered nonessential products across state lines. Starting January 1, 1994, it is illegal to sell or offer for sale across state lines any aerosol or pressurized dispenser containing a class II substance or any plastic foam product that contains or was made with a class II substance, with limited exceptions the Administrator can allow for worker safety or flammability reasons and narrow exemptions for certain foam insulation and motor‑vehicle safety foams. Medical devices defined elsewhere are not covered.