
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7671h]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
              SUBCHAPTER VI--STRATOSPHERIC OZONE PROTECTION
 
Sec. 7671h. Servicing of motor vehicle air conditioners


(a) Regulations

    Within 1 year after November 15, 1990, the Administrator shall 
promulgate regulations in accordance with this section establishing 
standards and requirements regarding the servicing of motor vehicle air 
conditioners.

(b) Definitions

    As used in this section--
        (1) The term ``refrigerant'' means any class I or class II 
    substance used in a motor vehicle air conditioner. Effective 5 years 
    after November 15, 1990, the term ``refrigerant'' shall also include 
    any substitute substance.
        (2)(A) The term ``approved refrigerant recycling equipment'' 
    means equipment certified by the Administrator (or an independent 
    standards testing organization approved by the Administrator) to 
    meet the standards established by the Administrator and applicable 
    to equipment for the extraction and reclamation of refrigerant from 
    motor vehicle air conditioners. Such standards shall, at a minimum, 
    be at least as stringent as the standards of the Society of 
    Automotive Engineers in effect as of November 15, 1990, and 
    applicable to such equipment (SAE standard J-1990).
        (B) Equipment purchased before the proposal of regulations under 
    this section shall be considered certified if it is substantially 
    identical to equipment certified as provided in subparagraph (A).
        (3) The term ``properly using'' means, with respect to approved 
    refrigerant recycling equipment, using such equipment in conformity 
    with standards established by the Administrator and applicable to 
    the use of such equipment. Such standards shall, at a minimum, be at 
    least as stringent as the standards of the Society of Automotive 
    Engineers in effect as of November 15, 1990, and applicable to the 
    use of such equipment (SAE standard J-1989).
        (4) The term ``properly trained and certified'' means training 
    and certification in the proper use of approved refrigerant 
    recycling equipment for motor vehicle air conditioners in conformity 
    with standards established by the Administrator and applicable to 
    the performance of service on motor vehicle air conditioners. Such 
    standards shall, at a minimum, be at least as stringent as 
    specified, as of November 15, 1990, in SAE standard J-1989 under the 
    certification program of the National Institute for Automotive 
    Service Excellence (ASE) or under a similar program such as the 
    training and certification program of the Mobile Air Conditioning 
    Society (MACS).

(c) Servicing motor vehicle air conditioners

    Effective January 1, 1992, no person repairing or servicing motor 
vehicles for consideration may perform any service on a motor vehicle 
air conditioner involving the refrigerant for such air conditioner 
without properly using approved refrigerant recycling equipment and no 
such person may perform such service unless such person has been 
properly trained and certified. The requirements of the previous 
sentence shall not apply until January 1, 1993 in the case of a person 
repairing or servicing motor vehicles for consideration at an entity 
which performed service on fewer than 100 motor vehicle air conditioners 
during calendar year 1990 and if such person so certifies, pursuant to 
subsection (d)(2) of this section, to the Administrator by Janu- ary 1, 
1992.

(d) Certification

    (1) Effective 2 years after November 15, 1990, each person 
performing service on motor vehicle air conditioners for consideration 
shall certify to the Administrator either--
        (A) that such person has acquired, and is properly using, 
    approved refrigerant recycling equipment in service on motor vehicle 
    air conditioners involving refrigerant and that each individual 
    authorized by such person to perform such service is properly 
    trained and certified; or
        (B) that such person is performing such service at an entity 
    which serviced fewer than 100 motor vehicle air conditioners in 
    1991.

    (2) Effective January 1, 1993, each person who certified under 
paragraph (1)(B) shall submit a certification under paragraph (1)(A).
    (3) Each certification under this subsection shall contain the name 
and address of the person certifying under this subsection and the 
serial number of each unit of approved recycling equipment acquired by 
such person and shall be signed and attested by the owner or another 
responsible officer. Certifications under paragraph (1)(A) may be made 
by submitting the required information to the Administrator on a 
standard form provided by the manufacturer of certified refrigerant 
recycling equipment.

(e) Small containers of class I or class II substances

    Effective 2 years after November 15, 1990, it shall be unlawful for 
any person to sell or distribute, or offer for sale or distribution, in 
interstate commerce to any person (other than a person performing 
service for consideration on motor vehicle air-conditioning systems in 
compliance with this section) any class I or class II substance that is 
suitable for use as a refrigerant in a motor vehicle air-conditioning 
system and that is in a container which contains less than 20 pounds of 
such refrigerant.

(July 14, 1955, ch. 360, title VI, Sec. 609, as added Pub. L. 101-549, 
title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2662.)
