Background

CARB adopted this regulation to reduce refrigerant emissions from the Do-It-Yourself recharging of motor vehicle air conditioners (MVAC) installed in light-duty vehicles such as cars and pickup trucks. The refrigerant, R-134a, used in MVACs is a highly potent greenhouse gas. This regulation became law on January 1, 2010. Although manufacturers bear the majority of the responsibility for meeting the regulatory requirements, retailers must also perform certain duties. The Regulation was amended and became effective July 1, 2024. Key amendments affecting retailers include the removal of the deposit and return program.

What is required of Retailers?

Retailers are required to:

• File an Annual Report

The removal of the deposit and return program will become effective on January 1, 2025, therefore the following activities related to the deposit and return program will end on January 1, 2025: 

• Collect a  $10 deposit from the consumer or charge the consumer's account for each small container of automotive refrigerant at the time of sale;
• Return the deposit to the consumer, or credit the consumer's account when the consumer returns a used small container of automotive refrigerant to the retailer, provided that the consumer returns the used container of refrigerant to the retailer where purchased within 90 days of purchase, submits proof of purchase (e.g., cash register receipt), and provided that the container has not been breached. A retailer may return the deposit at his discretion if more than 90 days have elapsed, the consumer does not have a receipt, if the consumer returns the container to a location other than the place of purchase, or if the container has been breached;
• Transfer all unclaimed deposits to the manufacturer or its designee;
• Help facilitate the return of used containers for recycling.

Penalties for Violations

Penalties may be assessed for any violation of this regulation pursuant to Health and Safety Code section 38580. Each day during any portion of which a violation occurs is a separate offense. Additionally, any violation of this subarticle may be enjoined pursuant to Health and Safety Code section 41513.

More Information

For any further information, contact Van Tsan at (279) 842-9951. For urgent matters, please contact Dongmin Luo at (916) 277-0834.