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U.S. Code as of:
01/19/04
Section 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.
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