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Environmental Protection Agency § 82.68

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Environmental Protection Agency § 82.68 Environmental Protection Agency § 82.68 (i) Any person may sell or distribute, (ii) Lubricants, coatings or cleaning or offer to sell or distribute, in inter- fluids for electrical or electronic equip- state commerce, at any time, any inte- ment, which contain CFC-11, CFC-12, or gral skin foam products manufactured CFC-113 for solvent purposes, but which with a Class I substance for use in com- contain no other CFCs; mercial aviation and specified as non- (iii) Lubricants, coatings or cleaning essential in § 82.66(c) that are manufac- fluids used for aircraft maintenance, tured and placed into initial inventory which contain CFC-11 or CFC-113 as a by January 14, 2002. solvent, but which contain no other [58 FR 69675, Dec. 30, 1993, as amended at 66 CFCs; FR 57522, Nov. 15, 2001] (iv) Mold release agents used in the production of plastic and elastomeric § 82.66 Nonessential Class I products materials, which contain CFC-11 or and exceptions. CFC-113 as a solvent, but which contain The following products which release no other CFCs, and/or mold release a Class I substance (as defined in 40 agents that contain CFC-12 as a propel- CFR part 82, appendix A to subpart A) lant, but which contain no other CFCs; are identified as being nonessential, (v) Spinnerette lubricant/cleaning and subject to the prohibitions speci- sprays used in the production of syn- fied under § 82.64— thetic fibers, which contain CFC-114 as (a) Any plastic party streamer or a solvent, but which contain no other noise horn which is propelled by a CFCs, and/or spinnerette lubricant/ chlorofluorocarbon, including but not limited to— cleaning sprays which contain CFC-12 (1) String confetti; as a propellant, but which contain no (2) Marine safety horns; other CFCs; (3) Sporting event horns; (vi) Document preservation sprays (4) Personal safety horns; which contain CFC-113 as a solvent, but (5) Wall-mounted alarms used in fac- which contain no other CFCs, and/or tories or other work areas; and document preservation sprays which (6) Intruder alarms used in homes or contain CFC-12 as a propellant, but cars. which contain no other CFCs, and (b) Any cleaning fluid for electronic which are used solely on thick books, and photographic equipment which books with coated or dense paper and contains a chlorofluorocarbon: tightly bound documents; and (1) Including but not limited to liquid (e) Any air-conditioning or refrigera- packaging, solvent wipes, solvent tion appliance as defined in CAA 601(l) sprays, and gas sprays; and that contains a Class I substance used (2) Except for those sold or distrib- as a refrigerant. uted to a commercial purchaser. (c) Any plastic foam product which is [58 FR 69675, Dec. 30, 1993, as amended at 66 FR 57522, Nov. 15, 2001] manufactured with or contains a Class I substance; except any plastic foam § 82.68 Verification and public notice product blown with CFC-11, but which requirements. contains no other Class I substances and where this product is used to pro- (a) Effective February 16, 1993, any vide thermal protection to external person who sells or distributes any tanks for space vehicles; cleaning fluid for electronic and photo- (d) Any aerosol product or other pres- graphic equipment which contains a surized dispenser, other than those chlorofluorocarbon must verify that banned in § 82.64(a) or § 82.64(b), which the purchaser is a commercial entity contains a chlorofluorocarbon, as defined in § 82.62. In order to verify (1) Including but not limited to that the purchaser is a commercial en- household, industrial, automotive and tity, the person who sells or distributes pesticide uses, this product must request documenta- (2) Except— tion that proves the purchaser’s com- (i) Medical devices listed in 21 CFR mercial status by containing one or 2.125(e); more of the commercial identification 113 VerDate Sep<11>2014 16:59 Sep 11, 2019 Jkt 247171 PO 00000 Frm 00123 Fmt 8010 Sfmt 8002 Q:\40\40V21.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 82.68 40 CFR Ch. I (7–1–19 Edition) numbers specified in § 82.62(b). The sell- § 82.68 (b) and (d), any person who sells er or distributor must have a reason- or distributes cleaning fluids for elec- able basis for believing that the infor- tronic and photographic equipment mation presented by the purchaser is which contain a class I substance and accurate. those aerosol or pressurized dispensers (b) Effective February 16, 1993, any of cleaning fluids which contain a class person who sells or distributes any II substance, may prominently display cleaning fluid for electronic and photo- one sign where sales of such products graphic equipment which contains a occur which states: ‘‘It is a violation of chlorofluorocarbon must prominently federal law to sell, distribute, or offer display a sign where sales of such prod- to sell or distribute, any uct occur which states: ‘‘It is a viola- chlorofluorocarbon-containing clean- tion of federal law to sell, distribute, or ing fluid for electronic and photo- offer to sell or distribute, any graphic equipment or aerosol chlorofluorocarbon-containing clean- hydrochlorofluorocarbon-containing ing fluid for electronic and photo- cleaning fluid for electronic and photo- graphic equipment to anyone who is graphic equipment to anyone who is not a commercial user of this product. The penalty for violating this prohibi- not a commercial user of this product. tion can be up to $25,000 per sale. Indi- The penalty for violating this prohibi- viduals purchasing such products must tion can be up to $25,000 per unit sold. present proof of their commercial sta- Individuals purchasing such products tus in accordance with § 82.68(a).’’ must present proof of their commercial (c) Effective January 1, 1994, any per- status in accordance with 40 CFR son who sells or distributes any aerosol 82.68(a) or 82.68(c).’’ or pressurized dispenser of cleaning (f)–(g) [Reserved] fluid for electronic and photographic (h) Effective January 1, 1994, any per- equipment which contains a class II son who sells or distributes any mold substance must verify that the pur- release agents containing a class II chaser is a commercial entity as de- substance as a propellant must provide fined in § 82.62(b). In order to verify written notification to the purchaser that the purchaser is a commercial en- prior to the sale that ‘‘It is a violation tity, the person who sells or distributes of federal law to sell mold release this product must request documenta- agents containing tion that proves the purchaser’s com- hydrochlorofluorocarbons as propel- mercial status by containing one or lants to anyone, except for use in appli- more of the commercial identification cations where no other alternative ex- numbers specified in § 82.62(b). cept a class I substance is available. (d) Effective January 1, 1994, any per- The penalty for violating this prohibi- son who sells or distributes any aerosol tion can be up to $25,000 per unit sold.’’ or other pressurized dispenser of clean- Written notification may be placed on ing fluid for electronic and photo- sales brochures, order forms, invoices graphic equipment which contains a and the like. class II substance must prominently display a sign where sales of such prod- (i) Effective January 1, 1994, any per- uct occur which states: ‘‘It is a viola- son who sells or distributes any wasp tion of federal law to sell, distribute, or and hornet spray containing a class II offer to sell or distribute, any aerosol substance must provide written notifi- hydrochlorofluorocarbon-containing cation to the purchaser prior to the cleaning fluid for electronic and photo- sale that ‘‘it is a violation of federal graphic equipment to anyone who is law to sell or distribute wasp and hor- not a commercial user of this product. net sprays containing The penalty for violating this prohibi- hydrochlorofluorocarbons as solvents tion can be up to $25,000 per unit sold. to anyone, except for use near high- Individuals purchasing such products tension power lines where no other al- must present proof of their commercial ternative except a class I substance is status in accordance with § 82.68(c).’’ available. The penalty for violating (e) Effective January 1, 1994, in order this prohibition can be up to $25,000 per to satisfy the requirements under unit sold.’’ Written notification may be 114 VerDate Sep<11>2014 16:59 Sep 11, 2019 Jkt 247171 PO 00000 Frm 00124 Fmt 8010 Sfmt 8002 Q:\40\40V21.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Environmental Protection Agency § 82.80 placed on sales brochures, order forms, (vii) Portable fire extinguishing invoices and the like. equipment used for non-residential ap- [58 FR 69675, Dec. 30, 1993, as amended at 61 plications; and FR 64427, Dec. 4, 1996] (viii) Wasp and hornet sprays for use near high-tension power lines that con- § 82.70 Nonessential Class II products tain a class II substance for solvent and exceptions. purposes only, but which contain no The following products which release other class II substances. a class II substance (as designated as (b) Any aerosol or pressurized dis- class II in 40 CFR part 82, appendix B to penser cleaning fluid for electronic and subpart A) are identified as being non- photographic equipment which con- essential and the sale or distribution of tains a class II substance, except for such products is prohibited under § 82.64 those sold or distributed to a commer- (d), (e), or (f)— cial purchaser. (a) Any aerosol product or other pres- surized dispenser which contains a (c) Any plastic foam product which class II substance:
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