Cal. Code Regs. tit. 17 § 95365

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 95365 - Container Disposal or Destruction
(a) On or after January 1, 2010, and for small containers of automotive refrigerant purchased before January 1, 2025, no person shall dispose of or destroy any small container of automotive refrigerant that is subject to the requirements of this subarticle unless the disposal or destruction is performed in accordance with the procedures specified in this section.
(b) A manufacturer or its designated recovery facility must evacuate small containers of automotive refrigerant to less than atmospheric pressure, unless the containers are breached or damaged to an extent that precludes recovery of the refrigerant. All other persons must return small containers of automotive refrigerant that contain any quantity of refrigerant that they purchased before January 1, 2025, to the retailer, the manufacturer, or the manufacturer's designated recovery facility.
(c) Until January 1, 2025, refrigerant recovery facilities must be registered with the CARB as described in "Certification Procedures for Small Containers of Automotive Refrigerant" adopted on July 20, 2009, and last amended on January 17, 2017, which is incorporated by reference herein.
(d) Small containers of automotive refrigerant that are breached do not count as recycled small containers of automotive refrigerant for the purpose of calculating the recycle rate.

Cal. Code Regs. Tit. 17, § 95365

Note: Authority cited: Sections 38501, 38505, 38510, 38560, 38560.5, 38562.2, 38566, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 38562.2, 38566, 39003, 39500, 39600 and 39601, Health and Safety Code.

Note: Authority cited: Sections 38501, 38510, 38560, 38560.5, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 39003, 39500, 39600 and 39601, Health and Safety Code.

1. New section filed 9-1-2009; operative 10-1-2009 (Register 2009, No. 36).
2. Amendment of subsection (c) filed 2-8-2010; operative 3-10-2010 (Register 2010, No. 7).
3. Amendment of section and NOTE filed 5-17-2024; operative 7/1/2024 (Register 2024, No. 20).