On and after July 1, 1989, it is unlawful to manufacture, sell or distribute to any person in this City any product made of, or with, polystyrene plastic unless the product is made using a blowing agent compound and meets all the following criteria:
(a) The blowing agent compound will reduce the potential for ozone depletion by more than 95 percent compared to the ozone depletion potential of CFC-12 (dychlorodifluorothane).
(b) The blowing agent compound will not contribute to the formation of ozone in the lower atmosphere. The compound does not contribute to that formation of ozone if both of the following conditions are met:
1. The compound is not prohibited by any federal, state, regional or local regulation.
2. The manufacture of the blowing agent compound and polystyrene plastic utilized the best available technology, as certified by an appropriate governmental agency which has the jurisdiction to make such determinations, to control the emissions. For the purpose of this subdivision, the phrase “best available technology” shall mean as follows:
(i) As to an existing facility the best available retrofit control technology as defined in Section 40406 of the Health and Safety Code; and
(ii) As to a new facility or the expansion of an existing facility the best available control technology as defined in Section 40405 of the Health and Safety Code.
(c) The use of the compound has been approved by the Federal Food and Drug Administration for use in food containers.
(d) The use of the compound does not present an significant risk to workers or public health due to its toxicity, corrosivity, flammability or other hazardous properties.