(a) Each manufacturer, distributor, and
retailer of small containers of automotive refrigerant must retain invoices for
a period not less than 5 years that show the manufacturer, distributor, or
retailer name, business name, physical address, contact name, telephone number,
fax number, e-mail address, web site address, sale date, and the quantity of
small containers of automotive refrigerant purchased or sold.
(b) Each retailer of small containers of
automotive refrigerant must maintain records on a manufacturer-specific basis
for a period not less than 5 years, and must provide such records to CARB upon
request that document, on a calendar year basis:
(1) the amounts of deposits collected under
section
95366(a)(1) that
are not returned or refunded to consumers under section
95366(a)(3),
and
(2) the amounts of deposits
collected under section
95366(a)(1) that
are not returned or refunded to consumers under section
95366(a)(3), that
are transferred to manufacturers or their designees under section
95366(a)(4).
(c) Each recovery facility must maintain
records for a period not less than 5 years that show the number of small
containers received, and from whom they were received.
(d) Each recovery facility must maintain
records for a period not less than 5 years that show the quantity of automotive
refrigerant recovered, along with the quantity of that recovered refrigerant
that was recycled, reclaimed, or disposed of.
(e) Each manufacturer or its designee must
maintain records for a period not less than 5 years that show expenditures for
educational programs that it funded from unclaimed deposits.
(f) On and after January 1, 2025, each
manufacturer must retain records for a period not less than 5 years:
(1) Results of the analysis conducted to
verify that reclaimed refrigerant meets all specifications in 40 C.F.R. Part
82, Subpart F, Appendix
A (Specifications for Refrigerants) (July 1, 2022),
which is incorporated by reference in section 95631.
(2) Documentation that supports that it has
not exceeded the maximum allowable virgin refrigerant content and that shows
compliance with the provisions of section 95366.2. Recordkeeping to show
compliance with either the maximum allowable virgin refrigerant content or the
reclaimed refrigerant requirement may include documentation from a refrigerant
reclaimer such as receipts or certificates of analysis.
(g) Records include copies of all invoices,
books, correspondence, electronic data, or other pertinent documents in the
possession or under the control of a manufacturer or its designee, distributor,
or retailer that is necessary to prove compliance with the requirements of this
subarticle.
(h) The records
specified in this section may be stored in paper, electronic, or other usable
formats.
(i) The records specified
in this section must be provided to CARB upon request by the Executive Officer
or his or her designee.
