CPSC/FDA/EPA Announce Phase Out Of Chlorofluorocarbons

The Food and Drug Administration (FDA), Environmental Protection Agency (EPA) and Consumer Product Safety Commission (CPSC) today proposed a three-step timetable for a phaseout of non-essential uses of chlorofluorocarbons as propellants in aerosol products.

The phaseout would start in October 1978 and be completed by April 1979. It would affect from a third to a half of the 2.4 billion aerosol containers sold in the United States annually. The primary affected products are deodorants, antiperspirants, hair sprays, colognes and fragrances, regulated by FDA; pesticides and industrial products regulated by EPA; and household cleaners and air fresheners, regulated by CPSC. Most other aerosols are propelled by other chemicals.

The proposed three-step timetable for eliminating chlorofluorocarbons as propellants is as follows:

-As of October 15, 1978, no company may manufacture chlorofluorocarbons for use in aerosol products.

-As of December 15, 1978, companies must stop using chlorofluorocarbons as propellants in aerosol products.

-As of April 15, 1979, products containing chlorofluorocarbon propellants may not be introduced into interstate commerce. Products already on the market on this date will not have to be recalled.

The basis for the proposed action is that chlorofluorocarbons can reduce the ozone shield, a gaseous belt extending 10 to 30 miles above the Earth that filters out harmful ultraviolet radiation from the sun. Scientists reason that reduction of this filter may lead to an increased incidence of skin cancer, altered crop yields and other adverse environmental effects.

The proposed action would eliminate about 60 percent of all chlorofluorocarbon emissions in this country. The remaining 40 percent of chlorofluorocarbon emissions come from non-propellant uses, such as in air conditioners and refrigerators. Regulations dealing with non-propellant uses will be proposed by the FDA and EPA next year.

Last month, FDA, EPA and CPSC took the first coordinated steps toward phasing out the Ase of aerosol products propelled by chlorofluorocarbons. FDA ordered that such aerosols containing foods, drugs and cosmetics that are shipped in interstate commerce after October 1977 must carry a label warning about the risk of ozone depletion. CPSC asked for public comment on a proposal which will require the same label warning for products under its jurisdiction. EPA ordered that chlorofluorocarbons be identified on the labels of all pesticides containing the chemical.

The labeling actions are intended to encourage voluntary cutbacks by consumers in the use of these products while the mandatory phaseout is taking place. FDA regulates about 85 percent of all products using chlorofluorocarbons as propellants in the United States. CPSC and EPA regulate the remaining 15 percent.

The regulations proposing the phaseout will be formally issued by FDA and EPA. CPSC has been working with the two agencies and has agreed to let EPA propose the phaseout under the newly-enacted Toxic Substances Control Act, since the Act gives EPA broad authority over aerosols and renders action by CPSC unnecessary.

Exempted from the proposed ban will be essential aerosol products in which the use of chlorofluorocarbon propellants is necessary, such as over-the counter drugs intended for inhalation therapy for bronchial asthma, contraceptive vaginal foams, cytology fixatives (medical devices used in a diagnostic procedure for cancer), all regulated by FDA; and a mine safety warning device, release agents for certain plastic molds, and some flying insect sprays, all regulated by EPA.

The three agencies recently announced their intentions to phase out chlorofluorocarbons in aerosol products and to require the interim labeling. he commitments were made in response to the National Academy of Sciences report, issued in September 1976, affirming that chlorofluorocarbons rise into the stratosphere and affect the ozone layer. The theory was first advanced by scientists in 1974.

EPA estimates that the aerosol industry may lose $169 million to $267 million a year for each of the four years after the ban takes effect. Consumers, however, may save $58 million to $240 million a year because products that do not contain chlorofluorocarbons typically sell for 8 to 19 cents less than their chlorofluorocarbon- propelled counterparts.

FDA's proposed phaseout regulations will be published in the Federal Register May 13, 1977. Comments will be accepted for 60 days and may be sent to Hearing Clerk, Food and Drug Administration, Room 4-65, 5600 Fishers Lane, Rockville, Maryland 20857.

EPA's proposed phaseout regulations will be published in the May 13, 1977 Federal Register. Comments will be accepted until July 15 and may be sent to Ms. Joni T. Repasch, WH-557, 401 M Street, S.W., Washington, D.C. 20460. EPA plans an informal hearing on its proposed regulations August 1 at 9 a.m. at EPA headquarters. FDA will allow 30 days after that hearing for public comment on additional information brought out at the hearing that may affect FDA's regulations.