Title 42The Public Health and WelfareRelease 119-73

§7671g National recycling and emission reduction program

Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER VI— - STRATOSPHERIC OZONE PROTECTION › § 7671g

Last updated Apr 6, 2026|Official source

Summary

Require the Administrator to make rules about how class I and class II refrigerant chemicals are used and thrown away. By January 1, 1992 the Administrator must set rules for class I chemicals used during service, repair, or disposal of appliances and industrial refrigeration, and those rules must take effect by July 1, 1992. By four years after November 15, 1990 the Administrator must make rules for other uses of class I and class II substances (including class II during service, repair, or disposal); those rules must take effect within 12 months after they are issued. The rules must cut use and emissions as much as possible and make it easier to capture and recycle these chemicals. The rules must also require safe disposal: remove bulk class I or II chemicals from machines before disposal, make sure machines sold across state lines have a service opening or similar design so the chemicals can be recaptured, and dispose of products that contain these chemicals in ways that minimize release (with an exception if the benefit is tiny). Starting July 1, 1992, it is illegal to knowingly vent or release class I or II refrigerants while servicing, repairing, or disposing of appliances or industrial refrigeration, except for very small releases that happen during good-faith recovery efforts. Five years after November 15, 1990 the same ban also covers substitute refrigerants unless the Administrator says they are not harmful. Appliance — household or commercial devices using substitute refrigerants, such as air conditioners, refrigerators, chillers, or freezers.

Full Legal Text

Title 42, §7671g

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(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.
(b)The regulations under subsection (a) 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)(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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7671g

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73