NY Env Conserv L § 38-0107 (2021)
2021 New York Laws ENV - Environmental Conservation Article 38 - Chlorofluorocarbon Compounds 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.