42 U.S.C. § 7671g : US Code - Section 7671G: National recycling and emission reduction program

Search 42 U.S.C. § 7671g : US Code - Section 7671G: National recycling and emission reduction program

(a) In general
(1) The Administrator shall, by not later than January 1, 1992,
promulgate regulations establishing standards and requirements
regarding the use and disposal of class I substances during the
service, repair, or disposal of appliances and industrial process
refrigeration. Such standards and requirements shall become
effective not later than July 1, 1992.
(2) The Administrator shall, within 4 years after November 15,
1990, promulgate regulations establishing standards and
requirements regarding use and disposal of class I and II
substances not covered by paragraph (1), including the use and
disposal of class II substances during service, repair, or disposal
of appliances and industrial process refrigeration. Such standards
and requirements shall become effective not later than 12 months
after promulgation of the regulations.
(3) The regulations under this subsection shall include
requirements that -
(A) reduce the use and emission of such substances to the
lowest achievable level, and
(B) maximize the recapture and recycling of such substances.
Such regulations may include requirements to use alternative
substances (including substances which are not class I or class II
substances) or to minimize use of class I or class II substances,
or to promote the use of safe alternatives pursuant to section
7671k of this title or any combination of the foregoing.
(b) Safe disposal
The regulations under subsection (a) of this section shall
establish standards and requirements for the safe disposal of class
I and II substances. Such regulations shall include each of the
following -
(1) Requirements that class I or class II substances contained
in bulk in appliances, machines or other goods shall be removed
from each such appliance, machine or other good prior to the
disposal of such items or their delivery for recycling.
(2) Requirements that any appliance, machine or other good
containing a class I or class II substance in bulk shall not be
manufactured, sold, or distributed in interstate commerce or
offered for sale or distribution in interstate commerce unless it
is equipped with a servicing aperture or an equally effective
design feature which will facilitate the recapture of such
substance during service and repair or disposal of such item.
(3) Requirements that any product in which a class I or class
II substance is incorporated so as to constitute an inherent
element of such product shall be disposed of in a manner that
reduces, to the maximum extent practicable, the release of such
substance into the environment. If the Administrator determines
that the application of this paragraph to any product would
result in producing only insignificant environmental benefits,
the Administrator shall include in such regulations an exception
for such product.
(c) Prohibitions
(1) Effective July 1, 1992, it shall be unlawful for any person,
in the course of maintaining, servicing, repairing, or disposing of
an appliance or industrial process refrigeration, to knowingly vent
or otherwise knowingly release or dispose of any class I or class
II substance used as a refrigerant in such appliance (or industrial
process refrigeration) in a manner which permits such substance to
enter the environment. De minimis releases associated with good
faith attempts to recapture and recycle or safely dispose of any
such substance shall not be subject to the prohibition set forth in
the preceding sentence.
(2) Effective 5 years after November 15, 1990, paragraph (1)
shall also apply to the venting, release, or disposal of any
substitute substance for a class I or class II substance by any
person maintaining, servicing, repairing, or disposing of an
appliance or industrial process refrigeration which contains and
uses as a refrigerant any such substance, unless the Administrator
determines that venting, releasing, or disposing of such substance
does not pose a threat to the environment. For purposes of this
paragraph, the term "appliance" includes any device which contains
and uses as a refrigerant a substitute substance and which is used
for household or commercial purposes, including any air
conditioner, refrigerator, chiller, or freezer.