Summary: S.870 — 101st Congress (1989-1990)All Information (Except Text)

There is one summary for S.870. Bill summaries are authored by CRS.

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Introduced in Senate (05/01/1989)

Consumer Ozone Protection Act of 1989 - Requires any person who installs, services, or repairs mobile air-conditioners to use chlorofluorocarbon recapture equipment and to ensure that such substances are delivered to a recycling facility. Directs States to establish phased schedules for the acquisition of such equipment and to ensure that such persons have such equipment within 18 months of this Act's enactment.

Prohibits the sale or distribution of any chlorofluorocarbons (CFCs) suitable for use in mobile air-conditioners in containers smaller than 30 pounds, unless such containers bear a warning label as specified in this Act. Prohibits, within nine months after this Act's enactment, the sale or distribution of CFCs in containers smaller than 30 pounds. Prohibits any person from recharging mobile air-conditioners with CFCs without first testing each air-conditioner system for leaks and repairing such leaks.

Prohibits the sale or distribution of fire extinguishers that contain halons or other ozone-depleting substances listed under this Act, except for applications required by Federal law.

Prohibits the sale or distribution of CFC-propelled party streamers and noise horns, CFC-containing cleaning fluids for electronic and photographic equipment, or any consumer products which are capable of releasing into the atmosphere substances listed under this Act and are determined to be nonessential.

Requires products which contain or are produced with or from a substance listed under this Act to be labeled with a specified warning that such substance destroys the ozone layer, increasing the risk of skin cancer and disrupting natural systems, including food production.

Directs the Consumer Product Safety Commission to promulgate regulations requiring the label to be prominently placed and visible to retail purchasers.

Provides that a product not labeled in accordance with this Act shall be considered a misbranded hazardous substance subject to the Federal Hazardous Substances Act and a specified penalty.

Requires the Secretary of Commerce to issue a Chlorofluorocarbon and Halon Reclamation Plan to ensure widespread reclamation, recycling, or regulated disposal of substances listed under this Act which are contained in more than de minimis amounts in consumer products or other items sold in commerce. Provides that the Plan goal is to minimize releases of such substances and to provide maximum environmental benefit. Prohibits the sale or distribution of any consumer product containing a listed substance unless an aperture has been installed on the product that allows the removal of the substance without its release into the atmosphere.

Directs the Secretary to publish a priority list of manufactured substances known or reasonably anticipated to cause ozone depletion in the upper atmosphere. Requires the Secretary to publish simultaneously and annually update a list of other manufactured substances meeting the same criteria. Includes specified CFCs on each list.

Authorizes the Secretary to assess civil penalties or seek injunctive relief for violations of this Act and to revoke any permit for continued noncompliance. Establishes criminal penalties for knowing violations.

Permits judicial review of final regulations and the taking of additional evidence as specified. Authorizes citizen suits against violators or the Secretary, subject to specified conditions.