
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7671g]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
              SUBCHAPTER VI--STRATOSPHERIC OZONE PROTECTION
 
Sec. 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.

(July 14, 1955, ch. 360, title VI, Sec. 608, as added Pub. L. 101-549, 
title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2661.)
