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Nonessential Products Ban Program

Nonessential products include all aerosol products, pressurized dispensers, and foam products containing, or manufactured with, chlorofluorocarbonsHelpchlorofluorocarbonsA family of chemicals commonly used in air conditioners and refrigerators as coolants and also as solvents and aerosol propellants. CFCs drift into the upper atmosphere where their chlorine components destroy ozone. CFCs are thought to be a major cause of the ozone hole over Antarctica. (CFCs) or hydrochlorofluorocarbonsHelphydrochlorofluorocarbonsCompounds containing hydrogen, fluorine, chlorine, and carbon atoms. Although ozone depleting substances, they are less potent at destroying stratospheric ozone than chlorofluorocarbons (CFCs). They have been introduced as temporary replacements for CFCs and are also greenhouse gases. See ozone depleting substance. (HCFCs). CFCs are Class I ODS, while HCFCs are Class II ODS. EPA regulations ban these products from sale and distribution in interstate commerce in the United States. Banned products also cannot be incorporated into larger products (e.g., packaging material).

The nonessential products ban also applies to air-conditioning and refrigeration equipment that contain Class I substances.

Product Exemptions under the Nonessential Products Regulations

Certain products are exempt from the nonessential products ban, as described in the following table.

Aerosol Products and Other Pressurized Dispensers
Exemptions Conditions of Exemption
Aircraft pesticides For use until an alternative is available
Medical devices Contingent upon U.S. Food and Drug Administration listing at 21 CFR 2.125(e)
Lubricants, coatings, or cleaning fluids containing CFCs or HCFCs used as solvents for aircraft maintenance None
Lubricants, coatings, or cleaning fluids containing CFCs or HCFCs used as solvents for electrical, electronic, or photographic equipment Cleaning fluids for electronic and photographic equipment are exempt for commercial sale/distribution only; seller must verify that the purchaser represents a commercial entity and post a sign regarding the restriction
Mold release agents containing CFCs and HCFCs used as solvents None
Mold release agents containing HCFC-22 as a propellant For use where no alternative (or alternative formulation) is available; seller must notify purchaser about the restriction
Spinnerette lubricant/cleaning sprays containing CFCs or HCFCs used as solvents and/or propellants None
Document preservation sprays containing CFCs and HCFCs used as solvents None
Document preservation sprays containing CFCs or HCFCs used as propellants For use on thick books, books with coated or dense paper, and tightly bound documents only
Portable fire extinguishing equipment containing HCFCs For use in nonresidential applications only
Wasp and hornet sprays For use near high-tension power lines only; seller must notify purchaser about restrictions
Foam Products
Exemptions Conditions of Exemptions
Foam blown with CFCs used to provide thermal protection for space vehicles None
Closed cell rigid polyurethane foam None
Closed cell rigid polystyrene boardstock foam None
Closed cell rigid phenolic foam None
Closed cell rigid polyethylene foam For use solely as pipe insulation
Integral skin foam blown with CFCs used in commercial aviation manufactured and placed into initial inventory prior to January 14, 2002 None
Air-Conditioning and Refrigeration Equipment (using CFCs)
Exemptions Conditions of Exemption
None None
Cleaning Fluids for Electronic and Photographic Equipment
Exemptions Conditions of Exemption
Non-aerosol cleaning fluids containing CFCs used on electronic and photographic equipment For commercial sale/distribution only; seller must verify that purchaser represents a commercial entity and post a sign about the restrictions
Categories for Grandfathering
Categories Conditions
Products containing HCFCs manufactured and placed into initial inventory by December 31, 1993 Seller must retain proof of date of manufacture
Products containing HCFCs that require federal approval for reformulation for which an application was submitted to the approving agency by January 1, 1994

Seller may continue to sell/distribute until:

  • 90 days after federal approval of an application for reformulation; and/or
  • 45 days after denial of an application for reformulation
Integral skin foam used to provide motor vehicle safety manufactured and placed into initial inventory prior to January 1, 1996 Seller must retain proof of date of manufacture
A replacement part, or its packaging, containing or manufactured with CFCs, where the replacement part was manufactured and placed into initial inventory prior to April 16, 1992 For a part used in a single model of a product, where the product has not been manufactured on or after January 1, 1994; seller must retain proof of date of manufacture