Section 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.