N.Y. Environmental Conservation Law § 38-0107: Regulation of the use of chlorofluorocarbon compounds

§ 38-0107. Regulation of the use of chlorofluorocarbon compounds.

1. The commissioner shall by regulation provide that:

(a) On and after January first, nineteen hundred ninety-one, no person

repairing or servicing motor vehicle air conditioners shall knowingly

vent into the atmosphere the chlorofluorocarbon compounds contained in

such air conditioners and shall capture for recycling or capture and

recycle, to the greatest extent possible, the chlorofluorocarbon

compounds during servicing and repair of such air conditioners by

properly using approved refrigerant recycling equipment provided,

however, that the provisions of this paragraph shall not apply to any

automobile repair shop with less than four covered bays, until January

first, nineteen hundred ninety-two;

(b) On and after January first, nineteen hundred ninety-two, no motor

vehicle air conditioners shall be disposed of by any means without first

having had the chlorofluorocarbon refrigerants contained within

mechanical cooling systems captured for recycling. Such recapture shall

be performed by the person accepting the motor vehicle air conditioners

for recycling or dismantling. In making captured chlorofluorocarbon

compound refrigerants, which are captured from disposed of motor vehicle

mobile air conditioning systems, suitable for reentry into the market

place, the captured chlorofluorocarbon compound refrigerants must be

recycled to a uniform level of quality such as that specified by the

Air-Conditioning and Refrigeration Institution (ARI) Standard 700

"Specifications for Fluorocarbon Refrigerants";

(c) On and after January first, nineteen hundred ninety-two, no

chlorofluorocarbon compounds shall knowingly be vented into the

atmosphere or otherwise be improperly disposed of during the repair,

servicing or disposal of refrigeration systems but instead shall to the

greatest extent possible be captured for recycling. In making captured

chlorofluorocarbon compound refrigerants, which are captured from a

refrigeration system, suitable for reentry into the market place, the

captured chlorofluorocarbon compound refrigerants must be recycled to a

uniform level of quality such as that specified by the Air-Conditioning

and Refrigeration Institute (ARI) Standard 700 "Specification for

Fluorocarbon Refrigerants".

(d) On and after January first, nineteen hundred ninety-two, no

containers containing less than fifteen pounds of chlorofluorocarbon

compounds, commonly used for recharging automotive air conditioners,

shall be sold or offered for sale within the state except for sales to

persons meeting the requirements of section three hundred ninety-eight-c

of the vehicle and traffic law and who have obtained for use in their

business approved motor vehicle refrigerant recycling equipment or

approved motor vehicle refrigerant recapturing equipment or to persons

for purposes of resale only. Persons wishing to purchase

chlorofluorocarbon compounds in containers with a capacity less than

fifteen pounds must show proof of compliance with the requirements of

this section.

2. The commissioner is hereby directed upon application by an

interested party to determine, after a hearing, whether any uses,

including but not limited to medical uses, of chlorofluorocarbon

compounds and halon compounds are so necessary to human health, safety

and welfare that they should be exempted from the application of this

section and section three hundred ninety-nine-t of the general business

law or, upon a finding that appropriate refrigerant recycling equipment

does not exist in sufficient quantities, to phase in compliance with the

provisions of subdivision one of this section by postponing the

compliance dates therein. Upon receiving an application to phase in

compliance with the provisions of paragraph (a), (b), or (c) of

subdivision one of this section, the commissioner shall approve or deny

the application within ninety days. If the commissioner fails to act

within ninety days, the application shall automatically be granted for

one hundred eighty days or until such time as the commissioner renders a

decision, whichever is longer.

Any action of the commissioner under this article shall be subject to

judicial review in a proceeding under article seventy-eight of the civil

practice law and rules instituted within thirty days of its effective

date.

3. Any local law, ordinance, rule or regulation relating to sale, use,

reuse, reclamation, or disposal of chlorofluorocarbon compounds must be

identical to or the same as the provisions of this article and the rules

and regulations adopted hereunder.