42 U.S.C. § 7671h — Servicing of motor vehicle air conditioners
submitted 71 years ago by Pub. L. 101-549 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 762 words · no verdicts yet
This law requires anyone who services motor vehicle air conditioners for pay to use certified recycling equipment. Technicians must be properly trained and must certify their equipment and training to EPA. Small containers of these refrigerants can't be sold to anyone except certified service providers.
(a) Regulations. Within 1 year of November 15, 1990, EPA had to issue regulations on servicing motor vehicle air conditioners.
(b) Definitions. (1) "Refrigerant" means any class I or class II substance* used in a motor vehicle air conditioner; starting 5 years after November 15, 1990, it also includes any substitute substance. (2)(A) "Approved refrigerant recycling equipment" means equipment that EPA (or an EPA-approved testing organization) certifies meets EPA's standards for extracting and reclaiming refrigerant — standards that must be at least as strict as the Society of Automotive Engineers' J-1990 standard as it stood on November 15, 1990. (B) Equipment bought before this section's regulations were proposed counts as certified if it's essentially identical to certified equipment. (3) "Properly using" means using approved recycling equipment according to EPA's usage standards — at least as strict as SAE standard J-1989. (4) "Properly trained and certified" means trained and certified to use the equipment under EPA's standards — at least as strict as the National Institute for Automotive Service Excellence's certification program, or a similar program like the Mobile Air Conditioning Society's.
(c) Servicing motor vehicle air conditioners. Starting January 1, 1992, no one may work on a motor vehicle air conditioner's refrigerant for pay without using approved recycling equipment, and without being properly trained and certified. This requirement doesn't apply until January 1, 1993 for anyone working at a shop that serviced fewer than 100 vehicle air conditioners in 1990, if that person* certifies that fact to EPA by January 1, 1992.
(d) Certification. (1) Starting 2 years after November 15, 1990, everyone who services vehicle air conditioners for pay must certify to EPA either: (A) that they've acquired and are properly using approved recycling equipment, and that everyone they authorize to do this work is properly trained and certified; or (B) that they work at a shop that serviced fewer than 100 vehicle air conditioners in 1991. (2) Starting January 1, 1993, anyone who certified under (1)(B) must switch to certifying under (1)(A). (3) Every certification must list the certifier's name and address and the serial number of each unit of recycling equipment they own, and must be signed and attested by the owner* or another responsible officer. Certifications under (1)(A) can be submitted on a standard form supplied by the equipment's manufacturer.
(e) Small containers of class I or class II substances. Starting 2 years after November 15, 1990, it's illegal to sell, distribute, or offer to sell or distribute across state* lines a class I or class II substance suitable as motor-vehicle air-conditioner refrigerant, in a container holding less than 20 pounds — unless the buyer is someone performing certified service work under this section.
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.
As used in this section—
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.
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).
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).
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).
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).
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), to the Administrator by January 1, 1992.
Effective 2 years after November 15, 1990, each person performing service on motor vehicle air conditioners for consideration shall certify to the Administrator either—
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
that such person is performing such service at an entity which serviced fewer than 100 motor vehicle air conditioners in 1991.
Effective January 1, 1993, each person who certified under paragraph (1)(B) shall submit a certification under paragraph (1)(A).
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.
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.
Source credit: (July 14, 1955, ch. 360, title VI, § 609, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2662.)
- 1955Enacted · Pub. L. 101-549 · 104 Stat. 2662
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-549 on 1955-07-14.
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