Section 611 of the newly amended Clean Air Act (CAA) requires labeling of products "made with" or "containing" Class I and Class II ozone-depleting substances. Although this requirement was effective May 15, 1993, it is EPA's policy to allow a grace period, which, in this case, extends to November 15, 1993; however, "the regulated community is expected to meet the statutory deadline." Below is a summary of general labeling requirements, exemptions, and examples.

Section 611 requires a warning label placed on products meeting any of the following three criteria:

• Any container (can, drum, truck, and isotank) of CFCs, HCFCs, halons, carbon tetrachloride (CCl4), or methyl chloroform (1,1,1-trichloroethane).
• Products containing CFCs, halons, CCl4, or methyl chloroform. EPA defines "products containing" ozone-depleting substances as products that hold a controlled substance within their structure or that are intended to be charged with a controlled substance at point of sale to the ultimate consumer. Examples include truck air conditioning units, domestic and commercial refrigeration equipment, aerosol products, and fire extinguishers.
• Products "manufactured with" CFCs, halons, CCl4, or methyl chloroform. EPA states that a product is "manufactured with" ozone-depleting substances if a Class I or II chemical is used in the product's manufacturing process, including the manufacture of component parts, but the Class I or II substance is not contained in the product at the point of sale to the ultimate consumer. Examples of products "manufactured with" include products cleaned with ozone-depleting substances, products with adhesives or coatings using ozone-depleting substances, open-celled flexible foam products, and certain food and tobacco products.

Labeling Exemptions

Exemptions to the labeling regulation include the following:

• Products containing or manufactured with CFCs prior to May 15, 1993.
• Final products containing trace quantities that were formed unintentionally during the manufacturing process. Trace quantities, which are any remaining residues of the substances, must be determined for the individual product. The EPA does not define trace quantities by specific amounts or percentages.
• Exported products.
• Products repaired or upgraded using a regulated substance.
• Products associated with a manufacturer that demonstrates a 95-percent reduction since 1990 in usage of CFC-113 and methyl chloroform.
• Non-contact incidental uses. Exempt non-contact incidental uses include processes in which a Class I solvent is used to clean or maintain manufacturing equipment where the machine surface being cleaned has no direct contact with the final product. For example, if a Class I substance is used in refrigeration equipment to keep food products cold, the refrigerant does not have direct contact with the food stuff.
• Labeling is also not required for some contact incidental uses in which a Class I material is used intermittently, not routinely, as part of the direct manufacturing process; examples include spot cleaning for textiles, cleaning ink plates, and testing for leaks in a cooling system or condenser. Labeling is also not required for a process where initial contact between the substance and product that occurs seldom (usually a maintenance procedure) or unintentionally. Methyl chloroform used for spot removal on textiles is an example; it is used infrequently and is not part of the manufacturing process.

Label Requirements

• The actual label should be a square or rectangular area. The word "WARNING" must be in capital letters, and the statement must be "clearly legible and conspicuous." The label must indicate the product contains or is manufactured with ozone-depleting substance(s). Colors of the label background and warning statement must be in strong contrast so that it will be obvious to the observer. Labels should be placed on a Principal Display Panel (PDP) or a Display Panel Area.
• Alternative labels include hang tags, cards, tape, stickers, invoices, bills of lading, or material safety data sheets (see example). If a product is sold in a package, the label must appear on the outermost packing. For products purchased through telephone or mail orders, the warning statement must be in a conspicuous place in the sales literature, journals, or other supplemental materials so that the warning is available before purchase. With the warning statement, the consumer has the option to return or not purchase the product.

Sample Label

If a company meets one of the three criteria, obviously a label is needed. The labeling requirements for products containing or manufactured with may not be clear. The following rule summaries and examples may help with labeling decision(s).

• Label Pass-Through Requirement. Products manufactured directly using Class I substances must be labeled. Examples are electrical components, metal parts, and plumbing fixtures washed in Class I solvents and products using Class I adhesives such as packaging, books, and sporting goods. If a manufacturer buys a product from a supplier that is labeled "manufactured with," the manufacturer does not have to label the final product that was made with the originally labeled material.

Products "containing" and containers of the Class I and II substances must be labeled and passed through the stream of commerce to the ultimate consumer since the ozone-depleting substance is contained at time of purchase.

When a regulated adhesive or solvent is used, the purchaser is likely to release the substance upon application of the material. For example, a product containing an adhesive must be labeled "containing." When that labeled material is applied in affixing a cushion to a seat, the seat must be labeled as "product manufactured with" because the CFCs were released during the manufacturing process. The eventual sale of the seat to an automobile manufacturer would not result in a label on the car because of the adhesive product.

• Subsidiaries and the Label Pass-Through Requirement.According to the rule, wholly-owned subsidiaries that are part of a parent company are required to pass the warning statements between subsidiaries. If a subsidiary is not 100-percent wholly owned, the label is not required to be passed on through subsidiaries.
• Non-Incidental Uses. Labeling is required for non-incidental uses such as mold release agents applied systematically throughout a manufacturing process, defluxing of printed circuit boards during a continuous production process, and food processing in the manufacture of some spices.
• Containers of Recaptured Materials and Waste. Containers of Class I substances captured for incineration and waste with trace amounts of the regulated materials must be labeled.
• Recycled Products. If a product is made with recycled Class I substances, it must be labeled as a "product containing" a Class I substance since the regulated material was necessary for manufacturing of the product. If a company sells reused products, it is not required to re-label because the products have already been introduced into the stream of commerce.
• Compliance/Enforcement. North Carolina has not adopted State labeling regulations. All compliance functions will be performed by the EPA.
• Trace Quantities of Impurities Resulting From Process Agents. When manufacturers intentionally use a regulated substance as a process agent in manufacturing and trace quantities of the substance remain in the final product, it must be labeled "product manufactured with."

Most of the information in this article was taken from EPA's Stratospheric Ozone Protection, Final Rule Summary, Document No. EPA-430-F-93-004. The EPA fact sheet illustrates many of the key regulatory features and clarifies issues raised since the rule's publication on February 11, 1993 (58 FR 8136). Copies of the fact sheet and a listing of the Class I and II pollutants are available from EPA through the Stratospheric Ozone Information Hotline at 1-800-296-1996 from 10:00 a.m. to 4:00 p.m., Monday through Friday.

Additionally, the Office of Waste Reduction at (919) 715-6500 or E-Mail nowaste@p2pays.org can provide assistance on CFC substitution and solvent alternatives.