United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection
Division (6205-J)
vvEPA
Title VI - Section 608/609
Inspector Manual
Volume I - General Reference
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United States Office of Air and Radiation
Environmental Protection Stratospheric Protection Division
Agency 6205J
Title VI - Section 608/609
Inspector Manual - Volume I
Table of Contents
Volume I: Table of Contents
Tabs & Content:
Compliance/Enforcement Strategy
Compliance /Enforcement Strategy for Title VI
608 vs. 609 Flow Chart
Transport Refrigeration
Industrial Process Refrigeration Definition and Applicability
40 CFR Part 82
40 C.F.R. Part 82 Subpart A: Production and Consumption Controls
40 C.F.R. Part 82 Subpart B: Servicing of Motor Vehicle Air Conditioners
40 C.F.R. Part 82 Subpart C: Ban on Nonessential Products Containing Class 1 Substances
40 C.F.R. Part 82 Subpart D: Federal Procurement
40 C.F.R. Part 82 Subpart E: The Labeling of Products Using Ozone-Depleting Substances
40 C.F.R. Part 82 Subpart F: Recycling and Emissions Reduction
40 C.F.R, Part 82 Subpart G: Significant New Alternatives Policy Program
Applicability Determinations
Final Rule Summaries
608, 609, 610, 611, SNAP
Sampling/Chain of Custody
Sampling
Compliance Assistance Tools
Refrigeration Basics
Trane Chilled Water Systems
Heat Transfer
AC/Refrigeration System Components
Multiple Sectors
Multiple Sectors Presentation
609 MVAC
Region 4 Training Manual
MVAC Presentation
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United States Office of Air and Radiation
Environmental Protection Stratospheric Protection Division
Agency 6205J
Compliance/Enforcement Strategy for Title VI
INTRODUCTION
Section 608 of the Clean Air Act, establishes a comprehensive program to limit emissions of
ozone-depleting substances during their maintenance, service, repair, and disposal. The National
Refrigerant Recycling Rule was proposed December 10,1992 and an initial final rule was issued May 14,
1993. EPA's final rule has five main elements, which, taken together, satisfy the criteria of Section 608
concerning recycling, emissions reduction, and disposal.
First, the Agency requires technicians servicing and disposing of air-conditioning and refrigeration
equipment to observe certain service practices that reduce refrigerant emissions. These practices are
designed to limit emissions of refrigerant during service, repair, maintenance, and disposal.
Second. EPA requires technician servicing air-conditioning and refrigeration equipment to obtain
certification through an EPA-approved testing organization and restricts sales of refrigerant to certified
technicians. There are four separate certification categories. The equipment covered under Section 608
varies widely from industrial process refrigeration that may contain thousands of pounds of refrigerant to
home refrigerators containing 6 ounces of refrigerant. Recycling and servicing techniques that are
appropriate to one may not be applicable to another. Therefore, separate certification categories allow
technicians to be tested on information concerning the types of service practices for the equipment the
technician primarily services. Type I certification is intended for technicians servicing household
appliances; Type II certification is intended for technicians servicing or disposing of high-pressure
equipment, such as unitary house air conditioners; Type III is intended for technicians who service
low-pressure appliances. Persons who maintain, service or repair all types of appliances must be properly
certified as Universal technicians.
Third, EPA established equipment and reclaimer certification programs. The equipment certification
program is designed to set performance standards for equipment designed for recovery and recycling of
refrigerant. The reclaimer certification program establishes criteria for those that intend to reclaim
refrigerant for re-use in air-conditioning and refrigeration equipment.
Fourth, EPA requires the repair of substantial leaks based on annual leak rates that vary according to the
types of appliances. The trigger leak rates for repairs is either 15 or 35 percent.
Fifth, to implement the disposal requirements of Section 608, EPA requires that ozonedepleting
refrigerants in appliances, machines, and other goods be removed from those items prior to their disposal,
and that all air-conditioning and refrigeration equipment except for small appliances and room air
conditioners be provided with a servicing aperture that would facilitate recovery of the refrigerant. Persons
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who take the final step in the disposal process (including, but not limited to, scrap recyclers and landfill
operators) for a small appliance, room air conditioner, motor vehicle air conditioner (MVAC), or an
MVAC-like appliance must either recover any remaining refrigerant from the appliance or verify that the
refrigerant has been evacuated from the appliance or shipment of appliance(s) previously. Such
verification must include a signed statement from the person from whom the appliance or shipment of
appliances is obtained that indicates all refrigerant that had not leaked previously has been recovered from
the appliance or shipment of appliances. This statement must include the name and address of the person
who recovered the refrigerant and the date the refrigerant was recovered or a contract stating that one party
has the responsibility to recover refrigerant prior to delivery. The Agency considers final disposal sites as
those entities responsible for compliance with these provisions.
A persons who sell or distribute any class I or class II substance for use as a refrigerant, approved
equipment testing organizations, reclaimers, and persons disposing of small appliances, MVACs and
MVAC-like appliance must comply with reporting and record keeping requirements established by
the Rule. All persons opening appliances must evacuate the refrigerant to a recovery or recycling
machine. The recovery or recovery/recycling equipment must be certified by an approved EPA
equipment testing organization. Technicians must be certified by an approved EPA technician
certification program. To obtain certification a technician must successfully complete the
standardized certification test. Technician certification programs must issue individuals a
certification card to be used to purchase refrigerants.
The rule applies to the servicing and disposal of air-conditioning and refrigeration equipment,
including household air-conditioners and refrigerators, commercial air-conditioner and chillers,
commercial refrigeration, industrial process refrigeration, refrigerant transport, and airconditioning
in vehicles not covered by EPA's regulations under Section 609. The rule applies to the disposal of
air-conditioning and refrigeration equipment, including MVACs.
Because the regulated community is large and comprised of many small businesses, it is important
to reach every segment of the regulated community through enforcement and compliance
assistance/outreach activities. By educating the regulated community of what the regulations are and
how to comply with them we can expect to gain voluntary compliance from a larger segment of the
community. However, a clear and consistent deterrent through enforcement will increase the use of
voluntary compliance approaches and tools.
This strategy breaks down the program into several key elements. They are: compliance assistance,
compliance monitoring/targeting, and enforcement. The strategy will serve as a pilot for Regional
and Headquarters use when performing pre- and post-inspection activities during the 2nd quarter of
FY98. Based upon the strategy's measures of success an evaluation will be conducted at the end of
FY98 to determine if full scale implementation can begin in FY99.
STRATEGY
1. Compliance Assistance Strategy
Compliance assistance/outreach should be launched where: (1) new or amended regulations are
promulgated and may require further clarification; (2) industry has made such a request; or (3)
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traditional enforcement has been deemed inappropriate. Chemical, Commercial Services and
Municipal Division (CCSMD) and Stratospheric Protection Division (SPD) will work together
on the development and implementation of compliance assistance initiatives with appropriate
consultation with the Air Enforcement Division (AED). Regions may also play critical roles in
compliance assistance and other initiatives. Outreach activities will include the distribution of
brochures and fact sheets to the regulated community and the general public.
For example, in response to the amendment to the regulations known as Leak Repair
Requirements for Industrial Process Refrigeration Equipment (promulgated in August 1995),
CCSMD in conjunction with the Chemical Manufacturers Association (CMA) led the effort to
develop a three part compliance assistance tool. A Compliance Guide was developed to explain
portions of the amendment and assist those affected by the amendment to achieve compliance. A
Training Module was designed to help members of the regulated community train their
employees for complying with the new requirements. Lastly, a Self-Audit Checklist, intended to
assist the regulated community in self evaluation of their compliance status, was developed.
Region III and SPD assisted with the development and distribution of these documents. All three
modules can be obtained by contacting the Stratospheric Ozone Hotline at 1-800-296-1996 or by
contacting CMA.
CCSMD developed a Clean Air Act §608 videotape (Responsible Practices: Servicing and
Disposing of Refrigeration Equipment) that focuses on compliance in the comfort-cooling and
the safe disposal sectors. The videotape is also appropriate for training EPA inspectors. CCSMD
hopes to work with industry, trade associations, the program office and regions on future
projects geared toward assisting the regulated community and the general public with
understanding and complying with newly issued and/or amended regulations.
The Regions and program offices will be kept abreast of all Headquarters' compliance assistance
activities via the monthly Title VI conference calls. In addition, applicability determinations
issued by Headquarters (i.e., issues of National Significance, cross regional issues and issues of
first impression) will be distributed to the Regions, the program office, and made available in a
generic form for the general public.
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2. Compliance Monitoring Tools and Strategy
Compliance monitoring is the first step in maintaining an enforcement presence deterrent and
showing the regulated community and public that the "cop is on the beat." There are five major
compliance elements in the §608 program. EPA requires: 1) technicians servicing and disposing
of air-conditioning and refrigerant equipment to observe certain service practices that reduce
refrigerant emissions, §82.156; 2) technician certification through an EPA-approved testing
organization and restrictions on the sale of refrigerant to these certified technicians, §82.161; 3)
equipment and reclaimer certification programs, §82.160, 82.164; 4) repair of substantial leaks,
based upon annual rates, §82.156(i); and 5) safe disposal of small appliances, MVACs, and
MVAC-like appliances, §82.156 and 82.166.
There are two levels of inspection under Section 608. A level 1 inspection will check for the
presence of recovery or recycling equipment, and certified technicians. An m-depth, level 2
inspection will involve a more detailed records review. (Refer to Sec. 82.166 for specific
requirements). A level 2 inspection may be conducted if the inspector believes further
information is needed to determine compliance.
CCSMD has reviewed and updated all 608 inspection checklists and will provide these
checklists to the Regions. In an effort to better focus the energies of the inspector, inspection
checklists have been developed based upon the specific sectors that comprise the regulated
community. Region III has developed a checklist for the safe disposal sector and CCSMD has
developed checklists specifically for the industrial process refrigeration and the commercial
refrigeration sectors. All inspection checklists under Section 608 will be combined and available
as a national set. (These checklists can also serve as groundwork in determining where to focus
compliance assistance activity.)
Inspectors must complete training in basic health & safety, basic inspector training, and program
specific inspection training in accordance with EPA order 3500. A self-study manual has been
developed; it covers the refrigerants under Section 608, the levels of inspection, and contains
inspection checklists. CCSMD will assist the Regions in the development and implementation of
other inspection training as appropriate. Region VI has developed a training workshop entitled
"Protecting the Ozone Layer and Illegal Importation of Chlorofluorocarbons," with a training
manual available in both English and Spanish. Information regarding this training module
availability can be obtained directly from Region VI, 214-665-7271. Specific training modules,
such as a refrigerant sampling module, will also be developed by CCSMD to assist inspectors.
Targeting
There is no National Targeting Strategy/Database for the Section 608 regulations currently in
use. Regions primarily rely upon tips/complaints and equipment certification forms for targeting
inspection sites. (Regions I, V, VI, VII, and DC maintain a database for tips and/or equipment
forms.) While these methods for targeting have been successful for identifying noncompiiers, the
Agency recognizes that such a method only encompasses a small number of sources subject to
the requirements.
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In anticipation of the need for a comprehensive data system to assist the Regions in data
management and utilization to meet program goals, program reporting, and day-to-day tasks
such as inspection and compliance tracking, the Office of Compliance contracted to develop a
database. Placed on a fast track schedule, this effort was begun in the early June. The
Chloroflurocarbon Data Tracking and Targeting System (CFTS) is a windows-based, two-tier
system designed to allow input of data at the Regional level and to report compliance summary
data to the AIRS National Database. From AIRS, Regions and Headquarters can share the
reported summary data (e.g., number of inspections, number of enforcement actions and type).
The CFTS tracks all aspects of the CFC program under the National Refrigerant Recycling Rule,
including tips and complaints, inspections and inspection history, enforcement actions and case
histories, compliance assistance initiatives and responses, and regulatory information submitted
by the regulated community. The regions are encouraged to use this system or an equivalent.
Below is a list of targeted sectors with the Headquarters priority in bold. These priorities are
based upon information gathered through inspection/enforcement histories, applicability
determination requests, meetings with trade associations and polling of CFC regional contacts.
**Target Sector Priorities;
• Technician certification programs Recent enforcement actions (civil & criminal) justify
close monitoring of program practices (i.e., dates and scores of technician test), particularly
where tests are administered by multiple proctors.
• Transport refrigeration(refrigerant ghip holds! truck trailers, railway freight cars and
other shipping containers) sector The Agency has little or no inspection/enforcement
history regarding this sector; inspections of effected sources across Regions may serve
to increase awareness.
« Demolition contractors Recent tip&'complaints in several regions suggest that increase
monitoring of this sector is needed.
3. Enforcement Strategy
Appendix X to the Clean Air Act Civil Penalty Policy addresses violations of 40 C.F.R. Part
82, Subpart F and was issued June 1, 1994 This appendix provides guidance for calculating
the civil penalties EPA will seek in pre-trial settlement of judicial enforcement actions, as
well as the pleading and settlement of administrative enforcement actions. Violations of
these regulations will be responded to by using field citations, administrative penalties and
civil judicial authority. The field citation program is anticipated to be available later this
year. Enforcement actions can be administered by the Regions. Any referrals relating to
criminal activities can be forwarded to Headquarters/OC and or Headquarters/ORE as
appropriate, for coordination with Headquarters/CID ensuring that the proper Regional
Special Agent-ln Charge will be notified. This method of referral allows for better
Headquarters tracking and follow-up. Below is a brief discussion of the various enforcement
responses the Agency has at its disposal.
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Warning Letters: These letters may be used when the Region has evidence of possible
minor violations and wishes to provide a company or facility with actual notice of applicable
Title VI requirements.
Findings of Violation (FOVs): This type of enforcement response can be used when the
Region has sufficient evidence to make a finding that a violation has occurred but decides
not to issue a formal enforcement action at that time. FOVs may be used as the first step in
the enforcement process.
Administrative Orders (AOs): An AO under Section 113(a) ofthe Act presents findings of
fact and determinations of violations, orders compliance with applicable regulatory
requirements (usually within thirty days), and offers an opportunity to confer with EPA
regarding the violations before the order takes effect.
Administrative Penalty Orders (APOs): An APO under Section 113(d) ofthe Act includes
much ofthe same factual findings and legal determinations as found in an AO; however, an
APO is initiated by filing a complaint in accordance with 40 C.F.R. Part 22, EPA's
Consolidated Rules of Practice, proposing to assess penalties for the violations and offering
an opportunity for an administrative hearing on the violations and the penalty amount. Under
APO procedures, no penalty is actually assessed until a final order is issued following the
exhaustion or waiver of procedural and appellate rights.
Civil Judicial Referrals: This is an alternative enforcement response to violations which
warrant an APO. The decision whether to use an APO or a civil judicial referral depends,
among other considerations, on the age ofthe violation, the amount ofthe proposed penalty
and the need for injunctive relief. (Essentially, a civil judicial referral is a formal request that
the Department of Justice file a judicial complaint in federal court under Section 113(b) of
the Act, seeking injunctive relief and/or penalties.) Civil referrals may be appropriate in
cases where APOs cannot be issued because the violation occurred more than one year prior
to enforcement action or the proposed penalty exceeds $200,000. Civil referrals may also be
appropriate in cases warranting injunctive relief by court order.
Criminal Referrals: As appropriate, Regional case development teams will discuss civil
actions (APO or referral) with either the Criminal Investigations Division (CID) (during case
development) or with criminal enforcement counsel (usually following referral to the Office
of Regional Counsel) to evaluate the potential for criminal prosecution. A proposed civil
enforcement response may be delayed or stayed upon request by CID or criminal
enforcement counsel.
Field Citations: Many ofthe listed violations may be appropriate for the issuance of field
citations under Section 113(d)(3) when such authority becomes available to the Regions. For
example, certain violations that would be addressed through AOs such as most record
keeping and reporting violations, may warrant field citations for lower penalties.
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Below is a list of targeted sectors with the Headquarters priority in bold. These sectors were
selected based upon the following criteria: compliance assistance/outreach activities;
violation history; input by the program office; and input by the regional contacts.
• Safe Disposal Common areas of violation include: failure to recover refrigerant and/or
verify that proper recovery has been performed prior to disposal [82.156 (00)]; and
improperly completed or missing verification statements [82.156(0(2)]. In addition, EPA
has received reports indicating complicity by the final disposers that has resulted in
potential violations by other parties. For example, tips indicate that disposal facilities
will turn away deliveries of household appliances because the facilities do not accept
charged appliances. However, the same facilities will later accept delivery of the same
appliances within a time period too short to permit for proper refrigerant removal. Tips
indicate that in these cases the refrigerant lines have been cut causing the
environmentally damaging refrigerant to be released. Both the program office and
CCSMD have taken steps to provide outreach and compliance assistance to this regulated
community. Cases have been filed in multiple regions.
• Industrial Process Rgfrigeratiorj This sector includes the owners and operators of
complex customized appliances used in the chemical, pharmaceutical, petrochemical and
manufacturing industries, as well as electric generation, industrial ice machines, and ice
rinks. Extensive outreach and compliance assistance has been provided by the program
office and CCSMD. Owners and operators properly seeking additional time for
complying with leak repair requirements submit reports to Headquarters. These reports
and information received from tips indicate that leaks resulting in the emission of
thousands of pounds of refrigerant is not uncommon. Concern for the environmental
impacts from any improper releases is great.
» Commercial Refrigeration This sector includes the refrigerant appliances utilized in
retail food and cold storage warehouses, including: supermarkets; convenience
stores; restaurants; and storage facilities for meat, dairy, and other perishable
items. Typically, these units have charges of more than 75 pounds of refrigerant
and are subject to the general required practices requirements as well as the leak
repair requirements. The program office has provided extensive outreach to this
sector. However, tips indicate that leaking units continue to operate. The
proliferation of these appliances throughout the nation leads to the concern for the
environmental impacts associated with refrigerant releases from a multitude of
sources.
• Motor Vehicle requirements While the MVAC sector is traditionally regulated under the
§609 regulations, both §608 and §612 regulations directly impact critical portions of this
sector. Last summer, dramatic increases in the cost of MVAC and MVAC-like repairs
heightened concern for potential improper service practices. Tips concerning the lack of
compliance with the unique fittings and labeling requirements associated with the use of
substitute refrigerants significantly increased. SPD and AED will jointly conduct a series
of inspections during the summer of 1997. An analysis of these inspections will be made
available to the regions as model to be used during subsequent summers.
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MEASURES OF SUCCESS
General Measures:
Compliance will be analyzed after implementation has begun. The compliance analysis
will consist of two parts: a review of the database systems and a compliance survey. A
review of the database systems will evaluate compliance by considering the number and
type of inspections performed, any enforcement actions taken, and any compliance
assistance activities (particularly sector related activities) that occurred. A compliance
survey will be conducted primarily in the Regions to evaluate the compliance and
enforcement tools and the results of any enforcement activities. The survey may be used
to determine specific Regional needs and areas of concern to improve this program.
These analyses will assess the compliance rate and the success of any compliance
assistance activities.
Sector Specific Measures:
Transport Refrigeration: Inspection data collected, greater inspection presence and an
awareness of requirements
Section 608 Technician Program: Certifying program closely monitored all proctored
administered exams. Record keeping requirements are meet, the number of technicians
certified.
Demolition Contractors: Heighten awareness of the requirements, proper
recovery/recycling equipment with properly certified technicians.
Safe Disposal: Number of enforcement actions, better Record keeping (e.g., verification
forms and contracts) written procedures for handling refrigerant.
Refrjggratipn: Number of enforcement actions, certified recovery/recycling
equipment, properly certified technicians, repair of substantial leaks or retrofit/retire
equipment properly and in a timely manner.
Industrial Process Refrigeration: Number of enforcement actions, employ properly
certified technicians, certified recovery/recycling equipment. Tracking of leak repair
reports submitted by industrial process facilities.
. Vehicle Air Conditioner: Number of enforcement actions, properly certified
technicians, properly certified equipment. Decreased unintentional mixing or venting of
substitute refrigerants.
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**The sectors listed are intended to assist the regions in setting priorities. The
regions may choose to focus more on a particular sector because of their
geographical location.
Questions regarding this strategy should be directed to: Dawn Banks, 202-564-7034
Elaine G. Stanley, Director Date
Office of Compliance
Eric V. Schaeffer, Director Date
Office of Regulatory Enforcement
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608 vs. 609
Transport Refrigeration
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608 vs. 609 Flow Chart
Is the equipment used
to cool
driver/passengers or
cool refrigerated
cargo?
passenger
C F C -1 2 or
acceptable
substitutes f o r
M V A C s?
yes
compressor
| h e rm e tic o r \
o p e n -d riv e
cargo
n o
h e rm e tic
is the vehicle an
on-road (car, tru c k
or bus) or off-road
vehicle?
on-road
open
d riv e
o ffe re d
608
Type II
608
Type II
608
Type I!
608
M V A C -like
609
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Transport Refrigeration
Includes:
• ship holds, truck trailers, railway freight cars
- Many appliances may include both a
cooling system for freight and a cooljng
system for the driver
+ freight: 608
> driver: 609
- two compartments ~re treated separately
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Industrial Process Refrigeration
Definition
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Industrial Process Refrigeration
Definition and Applicability
Complex, customized systems used in chemical,
pharmaceutical, petrochemical, & manufacturing
industries, directly linked to process; industrial ice
machines; appliances used in the generation of
electricity; and ice rinks.
Leak repair provisions establish that repairs &
retrofits are performed and timelines are set if the
appliance has a full charge of 50 pounds or more.
Industrial process where there are various
applications, if 50% or more of it's capacity is for
industrial process
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General Flowchart
start
i.
system is
industrial
process &
more than 50lbs
refrigerant
no
stop
trigger leak
repair
requirements
yes Mandatory; repair,
retrofit, retire
No specific action
required
decide: repair,
retrofit, retire
Deadlines extensions
verification tests
recordkeeping
retrofit/retire
nothballing
remember
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Applicability Trigger Rates
Commercial refrigeration: 35 percent
Industrial process refrigeration: 35 percent
Comfort cooling: 35 percent
All other equipment: 35 percent
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Calculating the full charge
Definition: the amount of refrigerant required for
normal operating characteristics & conditions of
industrial process refrigeration systems
• Methods for determining the full charge:
> measure
> calculate
+ manufacturer's information
> range
> combination
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Calculating a leak rate
one method of calculating the percent of full
charge that would lost per 12-month period:
Leak rate%=
pounds of refrigerant added x 365 days x 100
pounds of full charge # days since
refrigerant was last
added
^Timing: best to calculate when refrigerant is added
> Purged refrigerant: may be subtracted
• Other methods include rolling averages
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§
I
Leak Rate Requirements
• Repair appliance within 30 days
Repair appliance to below the trigger
rate
Repairs are not required if:
- Retrofit the system
- Retire the system
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Exceptions to the 30 day rule
Additional time permitted when:
Industrial process shutdown is required
- 1 20 days
Unavailable parts
- given enough time for parts to be delivered
- EPA must be notified
Other regulations
- given enough time to comply with requirements
- EPA must be notified
Mothballing
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Initial Verification Test
Conduct test following leak repair
attempt
System brought back on line if:
- repairs were successful
- decision made to retrofit or retire
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Follow-up Verification Test
Conduct test following leak repair
attempt:
- If normal operating conditions have be
maintained (30 days)
- If system has been taken off line
Conduct practicable tests under normal
conditions
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Acceptable Verification Test
Methods include:
soap bubble test
electronic leak detector
ultrasonic leak detector
pressure test
vacuum test
fluorescent dye and black light test
infrared test
etc.
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Unsuccessful follow-up verification
tests require owners to:
Notify EPA and
Develop a retrofit or retirement plan within 30
days that is to be completed within one year
Retrofit requirement relieved if the owner
tightens the system in other ways that
reduces the leak rate to below the trigger rate
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Record-keeping & Reporting
Requirements
Under normal service: repair completed
in <30 or 120 days, no additional
reporting or recordkeeping
Reporting required for:
Time extensions
Failed follow-up verification tests
Submission of retrofit/retirement plans
Full charge calculations
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Record-keeping and reporting:
repair
When: What:
If repairs fail follow-up, identification of facility
• leak rate
verification tests
• If additional time is
needed
method for calculation
date of leak discovery
location of leaks
repairs done to date
date(s), type(s), result(s) of
failed tests
if applicable: other work to get
below trigger rate
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Pt 82
40 CFR Ch. I (7-1-97 Edition)
APPENDIX A TO PAHT 81—Aw QUSMJTY
CONTROL REGIONS (AQCR's)—Continyed
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244
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246
247
PART 82—PROTECTION OF
STRATOSPHERIC OZONE
Subpart A—Production and Consumption
Controls
Sec.
82.1
82.2
82.3
82.4
82.5
Purpose and scope.
Effective date.
Definitions.
Prohibitions.
Apportionment of baseline production
allowances.
82.6 Apportionment of baseline consump-
tion allowances.
82.7 Grant and phased reduction of baseline
production and consumption allowances
for class I controlled substances.
82.8 Grant and phased reduction of baseline
production and consumption allowances
for class II controlled substances. (Re-
served |
82.9 Availability of production allowances
in addition to baseline production allow-
ances.
82.10 Availability of consumption allow-
ances in addition to baseline consump-
tion allowances.
82.11 Exports to Article S Parties.
82.12 Transfers.
82.13 Recordkeeping and reporting require-
ments.
APPENDIX A TO PART 82 SUBPART A—CLASS I
CONTROLLED SUBSTANCES
APPENDIX B TO PART 82 SUBPART A—CLASS II
CONTROLLED SUBSTANCES
APPENDIX C TO PART 82 SUBPART A—PARTIES
TO THE MONTREAL PROTOCOL
APPENDIX D TO PART 82 SUBPART A—HAR-
MONIZED TARIFF SCHEDULE
APPENDIX E TO PART 82 SUBPART A—ARTICLE
5 PARTIES
APPENDIX F TO PART 12 SUBPART A—LISTING
OF OZOP*£-DEPL£T1MC CHEMICALS
APPENDIX G TO PART 82 SUBPART A—UNEP
RECOMMENDATIONS FOR CONDITIONS
APPENDIX H TO PART 12 SUBPART A—CLEAN
AIR ACT AMENDMENTS OF 1990
APPENDIX 1 TO PART 82 SUBPART A—GLOBAL
WARMINC POTENTIALS (MASS BASISS. REF-
ERENCED TO THE ABSOLUTE GWP FOR THE
ADOPTED CARBON CYCLE MODEL COj DECAY
RESPONSE AND FUTURE COj ATMOSPHERIC
CONCENTRATIONS MELD CONSTANT AT CUR-
RENT LEVELS. (ONLY DIRECT EFFECTS ARE
CONSIDERED.)
Subpart B—Servicing of Motor Vehicle Air
Conditioners
82.38 Purpose and scope.
82,32 Definitions,
12.34 Prohibitions.
12.38 Approved refrigerant recycling equip-
ment.
S2.M Approved independent standards test-
ing organizations.
82.40 Technician training and certification.
S2.42 Certification, recordkeeping and pub-
lic notification requirements
APPENDIX A TO PART 82 SUBPART B—STAND-
ARD FOR RECYCLE/RECOVER EQUIPMENT
APPENDIX B TO PART 82 SUBPART B—STAND-
ARD FOR RECOVER EQUIPMENT
Subpart C—Ban on Nonessential Products
Containing Class I Substances and
Ban on Nonessential Products Contain-
ing or Manufactured With Class II Sub-
stances
82.60 Purpose.
82.62 Definitions.
82.64 Prohibitions.
82.65 Temporary exemptions.
82.66 Nonessential Class I products and ex-
ceptions.
82.68 Verification and public notice require-
ments.
82.70 Nonessential Class II products and ex-
ceptions.
Subpart D—Federal Procurement
82.80 Purpose and scope.
82.82 Definitions.
82.84 Requirements,
82.86 Reporting requirements.
Subpart E—The Labeling of Products Using
Ozone-Depleting Substances
82.100 Purpose.
82.102 Applicability.
82.104 Definitions.
12.108 Warning statement requirements.
82.108 Placement of warning statement.
82.110 Form of label bearing warning state-
ment.
82.112 Removal of label bearing warning
statement.
342
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Environmental Protection Agency
§82.3
82.114 Compliance by manufacturers and
Importers with requirements for labeling
of containers of controlled substances, or
products containing controlled sub-
stances,
12.116 Compliance by manufacturers or Im-
porters incorporating products manufac-
tured with controlled substances.
82.118 Compliance by wholesalers, distribu-
tors and retailers.
82.120 Petitions.
S2J22 Certification, recordkeepmg. and no-
tice requirements.
(2.124 Prohibitions.
Subpert F—Recycling and Emissions
Reduction
82. ISO Purpose and scope.
82.152 Definitions.
82.154 Prohibitions.
82.15S Required practices.
12.151 Standards for recycling and recovery
equipment.
82.160 Approved equipment testing organi-
zations.
82.161 Technician certification.
82.162 Certification by owners of recovery
and recycling equipment.
82.164 Reclaimer certification.
82.166 Reporting and recordkeepmg require-
ments.
APPENDIX A TO PART 82 SUBPART F—SPECI-
FICATIONS FOR FLUOROCARBON REFRIG-
ERANTS
APPENDIX B TO PART 82 SUBPART F—PER-
FORMANCE OF REFRIGERANT RECOVERY.
RECYCLING AND/OR RECLAIM EQUIPMENT
APPENDIX C TO PART 82 SUBPART F—METHOD
FOR TESTING RECOVERY DEVICES FOR USE
WITH SMALL APPLIANCES
APPENDIX D TO PART 82 SUBPART F—STAND-
ARDS FOR BECOMING A CERTIFYING PRO-
CRAM FOR TECHNICIANS
Subpart G—Significant New Alternatives
Policy Program
82.170 Purpose and scope.
82.172 Definitions.
82.174 Prohibitions.
82.176 Applicability,
82.178 Information required to be submitted.
82. ISO Agency review of SNAP submissions.
82.182 Confidentiality of data.
82.114 Petitions.
APPENDIX A TO SUBPART G—SUBSTITUTES
SUBJECT TO USE RESTRICTIONS AND UNAC-
CEPTABLE SUBSTITUTES
APPENDIX B TO SUBPART G—SUBSTITUTES
SUBJECT TO USE RESTRICTIONS AND UNAC-
CEPTABLE SUBSTANCES.
APPENDIX C TO SUBPAKT G—SUBSTITUTES
SUBJECT TO USE RESTRICTIONS AND UNAC-
CEPTABLE SUBSTITUTES LISTED IN THE
MAY 22.19% FINAL RULE. EFFECTIVE JUNE
21. 1996
APPENDIX D TO SUBPART G—SIGNIFICANT NEW
ALTERNATIVES POLICY PROGRAM
AUTHORITY: 42 U.S.C. 1414. 7601. 7671-7S71q.
SOURCE: S? FR 337S7. July 30. 1992. unless
otherwise noted.
Subpart A—Production and
Consumption Controls
SOURCE: 60 FR 2«9S6. May 10. 1995. unless
otherwise noted.
§ 82.1 Purpose and scope.
(a) The purpose of the regulations in
this subpart is to Implement the Mon-
treal Protocol on Substances that De-
plete the Ozone Layer and sections 603,
604. 605. 606. 60? and 616 of the Clean Air
Act Amendments of 1990. Public Law
101-549. The Protocol and section 604
impose limits on the production and
consumption (defined as production
plus imports minus exports, excluding
transhipments and used controlled sub-
stances) of certain ozone-depleting sub-
stances, according to specified sched-
ules. The Protocol also requires each
nation that becomes a Party to the
agreement to impose certain restric-
tions on trade in ozone-depleting sub-
stances with non-Parties.
(b) This subpart applies to any person
that produces, transforms, destroys.
imports or exports a controlled sub-
stance or imports a controlled product.
§ 82.2 Effective date.
(a) The regulations under this sub-
part take effect May 10. 1995. Amend-
ments to the requirements specifically
addressing 1995 apply to the entire con-
trol period.
(b) The regulations under this sub-
part that were effective prior to May
10. 1995. continue to apply for purposes
of enforcing the provisions that were
applicable prior to January 1. 1995.
§82.3 Definitions.
As used In this subpart. the term:
Administrator means the Adminis-
trator of the Environmental Protection
Agency or his authorized representa-
tive.
343
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§82,3
40 CFR Ch. i (7-1-97 Edition)
Article 5 allowances means the allow-
ances apportioned under §82.9(a).
Baseline consumption allowances
means the consumption allowances ap-
portioned under §82.6.
Baseline production allowances means
the production allowances apportioned
under § 82.5.
Calculated level means the weighted
amount of a controlled substance de-
termined by multiplying the amount
{in kilograms) of the controlled sub-
stance by that substance s ozone deple-
tion potential (OOP) weight listed in
appendix A or appendix B to this sub-
part.
Class I refers to the controlled sub-
stances listed in appendix A to this
subpart,
Class II refers to the controlled sub-
stances listed in appendix B to this
subpart.
Completely destroy means to cause the
expiration of a controlled substance at
a destruction efficiency of 98 percent or
greater, using one of the destruction
technologies approved by the Parties.
Complying with the Protocol, when re-
ferring to a foreign state not Party to
the 1987 Montreal Protocol, the London
Amendments, or the Copenhagen
Amendments, means that the non-
Party has been determined as comply-
ing with the Protocol, as indicated in
appendix C to this subpart. by a meet-
ing of the Parties as noted in the
records of the directorate of the United
Nations Secretariat.
Consumption means the production
plus imports minus exports of a con-
trolled substance (other than
transhipments, or used controlled sub-
stances) .
Consumption allowances means the
privileges granted by this subpart to
produce and import class I controlled
substances: however, consumption al-
lowances may be used to produce class
1 controlled substances only in con-
Junction with production allowances. A
person's consumption allowances are
the total of the allowances obtained
under §§82.6 and 82.T and 82.10. as may
be modified under §82.12 (transfer of al-
lowances).
Control period means the period from
January 1, 19S2 through December 31.
1992, and each twelve-month period
from January I through December 31.
thereafter.
Controlled product means a product
that contains a controlled substance
listed as a Class I. Group I or II sub-
stance in appendix A to this subpart.
Controlled products include, but are
not limited to. those products listed in
appendix D to this subpart.
Controlled products belong to one or
more of the following six categories of
products:
(!) Automobile and truck air condi-
tioning units (whether incorporated in
vehicles or not);
(2) Domestic and commercial refrig-
eration and air-conditioning/heat pump
equipment (whether containing con-
trolled substances as a refrigerant and/
or in insulating material of the prod-
uct), e.g. Refrigerators. Freezers.
Dehumidifiers. Water coolers. Ice ma-
chines. Air-conditioning and heat pump
units;
(3) Aerosol products, except medical
aerosols:
(4) Portable fire extinguishers;
(5) Insulation boards, panels and pipe
covers:
(6) Pre-polymers.
Controlled substance means any sub-
stance listed in appendix A or appendix
B to this subpart, whether existing
alone or in a mixture, but excluding
any such substance or mixture that is
in a manufactured product other than
a container used for the transportation
or storage of the substance or mixture.
Thus, any amount of a listed substance
in appendix A or appendix B to this
subpart that is not part of a use system
containing the substance is a con-
trolled substance. If a listed substance
or mixture must first be transferred
from a bulk container to another con-
tainer, vessel, or piece of equipment in
order to realize its intended use, the
listed substance or mixture is a "con-
trolled substance." The inadvertent or
coincidental creation of Insignificant
quantities of a listed substance In ap-
pendix A or appendix B to this subpart:
during a chemical manufacturing proc-
ess, resulting from unreacted feed-
stock, from the listed substance's use
as a process agent present as a trace
quantity in the chemical substance
344
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Environmental Protection Agency
§82.3
being manufactured, or as an unin-
tended byproduct of research and de-
velopment applications, is not deemed
a controlled substance. Controlled sub-
stances are divided into two classes.
Class 1 In appendix A to this subpart,
and Class II listed in appendix B to this
subpart. Class I substances are further
divided into seven groups. Group I,
Croup II. Croup III. Group IV. Group V.
Group VI. and Group VII. as set forth
in appendix A to this subpart.
Copenhagen Amendments means the
.Montreal Protocol on Substances That
Deplete the Ozone Layer, as amended
at the Fourth Meeting of the Parties to
the Montreal Protocol in Copenhagen
in 1932.
Destruction means the expiration of a
controlled substance to the destruction
efficiency actually achieved, unless
considered completely destroyed as de-
fined in this section. Such destruction
does not result in a commercially use-
ful end product and uses one of the fol-
lowing controlled processes approved
by the Parties to the Protocol:
(1) Liquid injection incineration;
(2) Reactor cracking;
(3) Gaseous/fume oxidation;
(4) Rotary kiln incineration: or
(5) Cement kiln.
Destruction Credits means those privi-
leges that may be obtained under §82.9
to produce controlled substances.
Essential-Uses means those uses of
controlled substances designated by
the Parties to the Protocol to be nec-
essary for the health and safety of. or
critical for the functioning of. society;
and for which there are no available
technically and economically feasible
alternatives or substitutes that are ac-
ceptable from the standpoint of envi-
ronment and health. Beginning Janu-
ary 1. 2000 (January I. 2002 for methyl
chloroform) the essential use designa-
tions for class I substances must be
made in accordance with the provisions
of the Clean Air Act Amendments of
1990.
Essential-Use Allowances means _ the
privileges granted by §82,4(r) to
produce class I substances, effective
January I. 1996 until January 1. 2000. as
determined by allocation decisions
made by the Parties to the Montreal
Protocol and in accordance with the re-
strictions delineated in the Clean Air
Act Amendments of 19tO.
Export means the transport of virgin
or used controlled substances from in-
side the United States or its territories
to persons outside the United States or
its territories, excluding United States
military bases and ships for on-board
use-
Exporter means the person who con-
tracts to sell controlled substances for
export or transfers controlled sub-
stances to his affiliate in another coun-
try.
Facility means any process equipment
(e.g., reactor, distillation column) used
to convert raw materials or feedstock
chemicals Into controlled substances
or consume controlled substances in
the production of other chemicals.
Foreign state means an entity which
is recognized as a sovereign nation or
country other than the United States
of America.'
Foreign state not Party to or Non-Party
means a foreign state that has not de-
posited instruments of ratification, ac-
ceptance, or other form of approval
with the Directorate of the United Na-
tions Secretariat, evidencing the for-
eign state's ratification of the provi-
sions of the 1987 Montreal Protocol, the
London Amendments, or of the Copen-
hagen Amendments, as specified.
Heel means the amount of a con-
trolled substance that remains in a
container after it is discharged or off-
loaded (that is no more than ten per-
cent of the volume of the container)
and that the person owning or operat-
ing the container certifies the residual
amount will remain in the container
and be included in a future shipment.
or be recovered for transformation, de-
struction or a non-emissive purpose.
Import means to land on, bring into,
or introduce into, or attempt to land
on. bring into, or introduce into any
place subject to the jurisdiction of the
United States whether or not such
landing, bringing, or introduction con-
stitutes an importation within the
meaning of the customs laws of the
United States, with the following ex-
emptions:
'Taiwan is not considered a foreign state.
345
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§82,3
40 CFR Ch. I (7-1-97 Edition)
(1) Off-loading used or excess con-
trolled substances or controlled prod-
ucts from a ship during servicing,
(2) Bringing controlled substances
into the U.S. from Mexico where the
controlled substance had been admit-
ted into Mexico in bond and was of U.S.
origin, and
(3) Bringing a controlled product into
the U.S. when transported in a consign-
ment of personal or household effects
or in a similar non-commercial situa-
tion normally exempted from U.S. Cus-
toms attention.
Importer means any person who im-
ports a controlled substance or a con-
trolled product into the United States.
"Importer" includes the person pri-
marily liable for the payment of any
duties on the merchandise or an au-
thorized agent acting on his or her be-
half. The term also includes, as appro-
priate:
(i) The consignee:
(2) The importer of record;
(3) The actual owner: or
(4) The transferee, if the right to
draw merchandise in a bonded ware-
house has been transferred.
London Amendments means the Mon-
treal Protocol, as amended at the Sec-
ond Meeting of the Parties to the Mon-
treal Protocol in London in 1990.
Montreal Protocol means the Montreal
Protocol on Substances that Deplete
the Ozone Layer, a protocol to the Vi-
enna Convention for the Protection of
the Ozone Layer, including adjust-
ments adopted by the Parties thereto
and amendments that have entered
into force.
1987 Montreal Protocol means the
Montreal Protocol, as originally adopt-
ed by the Parties in 1987.
Nations complying with, but not join-
ing, the Protocol means any nation list-
ed in appendix C, annex 2. to this sub-
part.
Parry means any foreign state that is
listed in appendix C to this subpart
(pursuant to instruments of ratifica-
tion, acceptance, or approval deposited
with the Depositary of the UniteCNa-
tions Secretariat), as having ratified
the specified control measure in effect
under the Montreal Protocol. Thus, for
purposes of the trade bans specified in
§82.4(k)(2) pursuant to the London
Amendments, only those foreign states
that are listed In appendix C to this
subpart as having ratified both the 1987
Montreal Protocol and the London
Amendments shall be deemed to be
Parties.
Person means any individual or legal
entity, including an individual, cor-
poration, partnership, association.
state, municipality, political subdivi-
sion of a state, Indian tribe: any agen-
cy, department, or Instrumentality' of
the United States; and any officer,
agent, or employee thereof.
Plant means one or more facilities at
the same location owned by or under
common control of the same person.
Production means the manufacture of
a controlled substance from any raw
material or feedstock chemical, but
does not include:
CD The manufacture of a controlled
substance that Is subsequently trans-
formed;
(2) The reuse or recycling of a con-
trolled substance;
(3) Amounts that are destroyed by
the approved technologies; or
(4) Amounts that are spilled or vent-
ed unintentionally.
Production allowances means the
privileges granted by this subpart to
produce controlled substances; how-
ever, production allowances may be
used to produce controlled substances
only in conjunction with consumption
allowances. A person's production al-
lowances are the total of the allow-
ances obtained under §§82.7. 82.5 and
82.9, and as may be modified under
§82.12 (transfer of allowances).
Transform means to use and entirely
consume (except for trace quantities) a
controlled substance in the manufac-
ture of other chemicals for commercial
purposes,
Transformation Credits means those
privileges that may be obtained under
§82.9 to produce controlled substances.
Transhipment means the continuous
shipment of a controlled substance
from a foreign state of origin through
the United States. Its territories, to a
second foreign state of final destina-
tion, as long as the shipment does not
enter into United States jurisdiction.
Unexpended Article 5 allowances means
Article 5 allowances that have not been
used. At any time in any control period
346
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Environmental Protection Agency
§82.4
a person's unexpended Article 5 allow-
ances are the total of the level of Arti-
cle 5 allowances the person has author-
ization under this subpart to hold at
that time for that control period.
minus the level of controlled sub-
stances that the person has produced in
that control period until that time.
Unexpended consumption allowances
means consumption allowances that
have not been used. At any time in any
control period a person's unexpended
consumption allowances are the total
of the level of consumption allowances
the person has authorization under this
subpart to hold at that time for that
control period, minus the level of con-
trolled substances that the person has
produced or imported (not including
transhipments and used controlled sub-
stances) in that control period until
that time.
Unexpended destruction and trans-
formation credits means destruction and
transformation credits that have not
been used. At any time in any control
period a person's unexpended destruc-
tion and transformation credits are the
total of the level of destruction and
transformation credits the person has
authorization under this subpart to
hold at that time for that control pe-
riod, minus the level of controlled sub-
stances that the person has produced
or imported (not including
transhipments and used controlled sub-
stances) in that control period until
that time.
Unexpended essential-use allowances
means essential-use allowances that
have not been used. At any time in any
control period a person's unexpended
essential-use allowances are the total
of the level of essential-use allowances
the person has authorization under this
subpart to hold at that time for that
control period, minus the level of con-
trolled substances that the person has
produced or imported {not including
transhipments and used controlled sub-
stances) in that control period until
that time.
Unexpended production allowances
means production allowances that "have
not been used. At any time in any con-
trol period a person's unexpended pro-
duction allowances are the total of the
level of production allowances he has
authorization under this subpart to
hold at that time for that control pe-
riod, minus the level of controlled sub-
stances that the person has produced in
that control period until that time.
Used controlled substances means con-
trolled substances that have been re-
covered from their intended use sys-
tems (may include controlled sub-
stances that have been, or may be sub-
sequently, recycled or reclaimed).
§82.4 Prohibitions.
(a) Prior to January 1, 1996, for all
Groups of class I controlled substances.
and prior to January 1, 2001, for class I.
Group VI controlled substances, no per-
son may produce, at any time in any
control period, (except that are trans-
formed or destroyed domestically or by
a person of another Party) in excess of
the amount of unexpended production
allowances or unexpended Article 5 al-
lowances for that substance held by
that person under the authority of this
subpart at that time for that control
period. Every kilogram of excess pro-
duction constitutes a separate viola-
tion of this subpart.
(b) Effective January 1. 1996, for any
class I. Group I, Group II, Group III.
Group IV. Group V, or Group VII con-
trolled substances, no person may
produce, at any time in any control pe-
riod, (except that are transformed or
destroyed domestically or by a person
of another Party) in excess of the
amount of conferred unexpended essen-
tial-use allowances or exemptions
under this section, the amount of unex-
pended Article 5 allowances as allo-
cated under §82.9. or the amount of
conferred unexpended destruction and
transformation credits as obtained
under §82.9 for that substance held by
that person under the authority of this
subpart at that time for that control
period. Every kilogram of excess pro-
duction constitutes a separate viola-
tion of this subpart.
(c) Prior to January 1, 1996, for all
Groups of class I controlled substances,
and prior to January 1. 2001, for class I,
Group VI controlled substances, no per-
son may produce or (except for
transhipments, heels, or used con-
trolled substances) import, at any time
in any control period, (except for con-
trolled substances that are trans-
formed or destroyed) in excess of the
347
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§82.4
40 CFR Ch. I (7-1-S1 Edition)
amount of unexpended consumption al-
lowances held by that person under the
authority of this subpart at that time
for that control period. Every kilogram
of excess production or importation
(other than transhipments, heels or
used controlled substances) constitutes
a separate violation of this subpart.
(d) Effective January 1, 1996. for any
class I. Group I. Group II. Group III.
Group IV. Group V. or Group VII con-
trolled substances, no person may im-
port (except for transhipments, heels.
or used controlled substances), at any
time in any control period, (except for
controlled substances that are trans-
formed or destroyed) in excess of the
amount of unexpended essential-use al-
lowances or exemption as allocated
under this section held by that person
under the authority of this subpart at
that time for that control period.
Every kilogram of excess importation
(other than transhipments, heels or
used controlled substances) constitutes
a separate violation of this subpart-
(e) Effective January 1, 1996. no per-
son may place an order for the produc-
tion or importation of the class 1 con-
trolled substance, at any time in any
control period, in excess of the amount
of unexpended essential-use allow-
ances, or unexpended destruction and
transformation credits, held by that
person under the authority of this sub-
part at that time for that control pe-
riod. No person may place an order for
the production or importation of a
class I controlled substance with essen-
tial-use allowances or destruction and
transformation credits, at any time in
any control period, other than for the
class I controlled substance(s) for
which they received essential-use al-
lowances as under paragraph (rj of this
section, or for which they were nomi-
nated for that control period by the
U.S. Government to the Protocol for an
essential-use exemption. Every kilo-
gram of excess production or Importa-
tion ordered constitutes a separate vio-
lation of this subpart.
(f) Effective January I. 19%, the JJ.S.
total production and importation "of a
class I controlled substance (except
Group VI) as allocated under this sec-
tion for essential-use allowances and
exemptions, and as obtained under
§82.9 for destruction and trans-
formation credits, may not, at any
time, in any control period until Janu-
ary I, 2000. exceed the percent limita-
tion of baseline production in appendix
H of this subpart, as set forth in the
Clean Air Act Amendments of 19§0. No
person shall cause or contribute to the
U.S. exceedance of the national limit
for that control period.
(g) In addition to total production
permitted under paragraph (I) of this
section, effective January 1. 1995. for
class I. Group I. Group III. Group IV
and Group V controlled substances, and
effective January 1. 1995. for class I.
Group II, a person may. at any time, in
any control period until January 1.
2000. produce 10 percent of baseline pro-
duction as apportioned under §82.5 for
export to Article 5 countries. No person
may, at any time, in any control period
until January 1. 2000, produce class I.
Group I, Group II. Group III. Group FV,
and Group V controlled substances for
export to Article 5 countries in excess
of the Article 5 allowances allocated
under §82.9(a). No person may sell in
the U.S. any class I controlled sub-
stance produced explicitly for export to
an Article 5 country.
(h) Effective January 1. 1995, no per-
son may import, at any time in any
control period, a heel of any class I
controlled substance that is greater
than 10 percent of the volume of the
container in excess of the amount of
unexpended consumption allowances.
or unexpended destruction and trans-
formation credits held by that person
under the authority of this subpart at
that time for that control period.
Every kilogram of excess importation
constitutes a separate violation of this
subpart.
(i) Effective January 1. 1995 no per-
son may import, at any time in any
control period, a used class I controlled
substance, without complying with the
petition procedures as under §82.13(g)
(2) and (3).
(J) Prior to January 1. 199S. for all
Groups of class I controlled substances,
and prior to January I. 2001. for class I.
Group VI controlled substances, a per-
son may not use production allowances
to produce a quantity of a class I con-
trolled substance unless that person
348
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Recordkeeping and reporting
requirements:
retrofit and retirement
Maintain the retrofit or retirement plan on-site
Make the original plan available to EPA upon
request
Submit pan to EPA if there is a time extension
or if switching from repair track to retrofit track
-------
System Mothballing
Definition: Intentional shutdown of a refrigerant
system undertaken for an extended period of time
by the owners/operators of that facility, where the
refrigerant has been evacuated from the
appliance, or affected isolated section of the
appliance, at le%sj,J:o atmospheric pressure
Hint
• All time-relatedlrequirements are suspended
Repairs must be completed before returning the
ap fiance to service
-------
Environmental Protection Agency
§82.4
holds under the authority of this sub-
part at the same time consumption al-
lowances sufficient to cover that quan-
tity of class I controlled substances nor
may a person use consumption allow-
ances to produce a quantity of class I
controlled substances unless the person
holds under authority of this subpart
at the same time production allow-
ances sufficient to cover that quantity
of class I controlled substances. How-
ever, prior to January 1, 1996, for all
class I controlled substances, and prior
to January 1. 2001, for class I, Group VI
controlled substances, only consump-
tion allowances are required to import,
with the exception of transhipments,
heels and used controlled substances.
Effective January 1, 1996. for all Groups
of class I controlled substances, except
Group VI. only essential-use allow-
ances or exemptions are required to
import class I controlled substances,
with the exception of transhipments,
heels and used controlled substances.
(k) Every kilogram of a controlled
substance, and every controlled prod-
uct, imported or exported in contraven-
tion of this subpart constitutes a sepa-
rate violation of this subpart. thus no
person may:
(1) Import or export any quantity of
a controlled substance listed in Class I.
Group I or Group II. in appendix A to
this subpart from or to any foreign
state not listed as a Party to the 1987
Montreal Protocol unless that foreign
state is complying with the 1987 Mon-
treal Protocol (See appendix C, Annex 2
of this subpart);
(2) Import or export any quantity of
a controlled substance listed in Class I,
Group III, Group IV or Group V, in ap-
pendix A to this subpart. from or to
any foreign state not Party to the Lon-
don Amendments (as noted in appendix
C. Annex 1, to this subpart). unless that
foreign state is complying with the
London Amendments (as noted in ap-
pendix C, Annex 2. to this subpart); or
(3) Import a controlled product, as
noted in appendix D, Annex 1 to this
subpart, from any foreign state not
Party to the 1987 Montreal Protocol (as
noted in appendix C. Annex 1, to this
subpart), unless that foreign state is
complying with the Protocol (as noted
in appendix C, Annex 2, to this sub-
part).
(1) Effective January 1, 2003, no per-
son may produce HCFC-141b except in a
process resulting in its transformation.
use in a process resulting in destruc-
tion, or for exceptions stated in para-
graph (s) of this section.
(m) Effective January 1, 2003, no per-
son may import HCFC~141b except for
use in a process resulting in its trans-
formation, use in a process resulting in
destruction, or for exceptions stated in
paragraph (s) of this section.
(n) Effective January 1, 2010. no per-
son mav produce or consume (as de-
fined under §82,3 HCFC-22 or HCFC-
J42b for any purpose other than for use
in a process resulting in their trans-
formation, use in a process resulting in
their destruction, for use in equipment
manufactured prior to January 1. 2010.
or for exceptions stated in paragraph
(s) of this section in excess of baseline
allowances allocated in §82.5(h) and
§82.6(h).
(o) Effective January 1, 2020, no per-
son may produce or consume (as de-
fined under §82.3 of this subpart)
HCFC-22 or HCFC-142b for any purpose
other than for use in a process result-
ing in their transformation, use in a
process resulting in their destruction
or for exceptions stated in paragraph
(s) of this section.
(p) Effective January 1, 2015. no per-
son may produce or consume (as under
defined under §82.3) class II substances
not previously controlled, for any pur-
pose other than for use in a process re-
sulting in its transformation, use in a
process resulting in their destruction,
as a refrigerant in equipment manufac-
tured before January 1, 2020, or for ex-
ceptions stated in paragraph (s) of this
section, in excess of baseline produc-
tion and consumption levels defined in
§§82.S(h) and82.6(h).
(q) Effective January 1, 2030, no per-
son may produce or consume class II
substances, for any purpose other than
for use in a process resulting in their
transformation, use in a process result-
ing in their destruction, or for excep-
tions stated in paragraph (s) of this
section.
(r) Effective January 1. 1996. essen-
tial-use allowances are apportioned to
a person for the exempted production
349
-------
582-4 40 CFR Ch. I (7-1-i7 Edition)
or importation of specified class I (ex- (ill) Laboratory and Analytical Ap-
cept class I. Group VI) controlled sub- plications (see appendix C of this sub-
stances, part),
(1) Essential-uses for the prodyctlon &) Persons In the following list are
or importation of controlled substances allocated essential-use allowances or
as agreed to by the Parties to the Pro- exemptions for quantities of a specific
tocol and subject to the periodic revi- class I controlled substance for a spe-
sion of the Parties are: cinc essential-use (the Administrator
(i) Metered Dose Inhalers—aerosols reserves the right to revise the aHoca-
(ii) Space Shuttle-solvents. ^lonsa based °" future decisions of the
Pa.rt.ies).
350
-------
Company
Chomita)
(I) MeUred OOM Mwlw*—**n»oil
QuanMy (tnewe Km*}
Mamben ol tw ImorrnumniU Ph«m»c«iu1ical 4 Aeiosoi Consortium 1IPACI '
«*0l IMxinMeritS , ,
BoeMngef Ingelheim , ,,„ , .... ...
Gta.o , ,
3M ,
Rhone Po>4onc Roter
Sdwrtng Cwponton
Miles Inc , „ , , ,
Snnfcoli Win»iro|i (m;
I
ISM
1997
1996
1997
1996
1997
CFC-M
CFC-IZ
O^C-IH
CFC-11
CFC-12
CFC-114
CFC-12
CFC-114
CFC-12
CFC-114
CFC-12
CFC-114
CfC-12
CFC-114
M'lR
t3532
314 i
GS83
?t6lj b
311 4
5 1
1U2
S2
IDS
& 0
IU4
5»
212
(II) SIMM Shunto—Solvint
NA8A/TMok«l ....
1996
1997
Meihyt CNorolofm
MMhyl Chtorolorm .,. .. „ .
&68
SCI
pi) Labomkxy and An^yllc«l Appllollon.
Global CmmpMm
1996
1997
da - ,
Do
'IPAC conirtKiated (KfieiH tor m «s**MM use e.etnptoon lo tw nommaled lo Ihe Prolocoi B «n noonl ol Us mwnbar compan«n lt» inlniiraMraiive eontwMWXM By mwuij o) • cat-
hdenlwl (en«f M «Kh ol Ihe companies kslod ibovg iPA wJ sitocale essential use allowances separalcfy to each company in mo »moun< raqtMSWd by « Im «w nt»rmi»Uun
un
CD
K)
-------
§82.5
40 CFR Ch. I (7-1-97 Edition)
(s) The following exemptions apply to
the production and consumption re-
strictions under paragraphs (I), (m),
-------
Environmental Protection Agency §82.6
Controlled substance Person Allowances
E.I. DuPoni de Nemours & Co Z
PPG Industries. Inc , 57.450.719
Vulcan Chemicals 89.689.064
(0 For Group VI controlled substances:
Methyl Bromide Great Lakes Chemical Corporation 19.945,788
Ethyl Corporation 8,233,894
(g) For Group VII controlled substances:
HBFC 22B1-1 Great Lakes Chemical Corporation 46,211
(hj For class II controlled substances: (Reserved)
§82.8 Apportionment of baseline con- trolled substances in Group III, Group
sumption allowances. IV. or Group V in 1989 are apportioned
Persons who produced, imported, or chemical-specific baseline consumption
produced and imported controlled sub- f "™a "Ce* f > ** l°rth l" Para8raPhs
Lnces in Croup"! or Group II in 1986 ^fro^cS. ^^"7
are apportioned chemicaUspecific base- and irn ted coritjolled substances in
line consumption allowances as set G VI Qr vn in 199, are apportloned
forth in paragraphs (a) and (b) of this chemical specific baseline consumption
section. Persons who produced, im- allowances as set forth in paragraphs
ported, or produced and imported con- (f) arKJ (g) of this section.
Controlled substance Person Allowances
**&/
(a) For Group 1 controlled substances:
CFC-11 Ailled-Signal, Inc ,. 22.683.833
E.I. DuPont de Nemours & Co 32.054.283
Elf Atochem. N.A Zl.740.194
Hoechst Celanese Corporation 185.396
ICI Americas. Inc 1,673.436
Kaii-Chemie Corporation 82.500
Laroche Chemicals 12.695.726
National Refrigerants. Inc 693,707
Refricentro. Inc 160.697
Sumitomo Corporation of America 5,800
CFC-12 Allied-Signal. Inc 35.236,397
E.I. DuPont de Nemours & Co 61.098,726
Elf Atochem. N.A 32,403.869
Hoechst Celanese Corporation 138,865
ICI Americas. Inc 1.264,980
KaJi-Chemie Corporation 355,440
Laroche Chemicals 15.281.553
National Refrigerants, Inc 2.375.384
Refricentro. Inc 242.526
CFC-113 Allied-Signal. Inc 18.241.928
E.I. DuPont de Nemours & Co 49.602.858
Elf Atochem. N.A 244.908
Holchem 265.199
ICI Americas. Inc 2,399.700
Refricentro. Inc 37.385
Sumitomo Corp. of America 280.163
CFC-114 Allied-Signal. Inc 1.429.582
E.I. DuPont"de Nemours & Co 3.686.103
Elf Atochem. N.A 22.880
ICI Americas. Inc 32.930
CFC-115 E.I. DuPont de Nemours & Co 2.764.109
Elf Atochem, N.A 633.007
Hoechst Celanese Corporation 8.893
ICI Americas. Inc 2.366.351
353
-------
§82.6
40 CFR Ch. I (7-1-97 Edition)
Controlled subitanct
Person
Laroche Chemicals
Refricentro, Inc
(b) For Croup II controlled substances:
Halon-1211 Elf Atochem, N.A
Great Lakes Chemical Corp
ICI Americas, Inc
Kall-Chemle Corporation
Halon-lJQt EX DuPont de Nemours & Co .,
Elf Atochem. N.A
Great Lakes Chemical Corp
Kali-Chemie Corporation
Haion-2402 Ausimont
Great Lakes Chemical Corp ....
(c) For Group III controlled substances:
CFC-IS Allied-Signal Inc
E.I. DuPont
-------
Environmental Protection Agency
§82.9
Controlled substance
AmeriBroin, Inc
TrtCal. Inc
Person
(g) For Croup VII controlled substances:
HBFC 22BI-1 Great Lakes Chemical Corporation
(h) For class II controlled substances: [Reserved]
Allowances
(kg)
3.524.333
109.225
40.110
§82.7 Grant and phased reduction of
baseline production and consump-
tion allowances for class I con-
trolled substances.
For each control period specified in
the following table, each person is
granted the specified percentage of the
baseline production and consumption
allowances apportioned to him under
§§82.5 and 82.6.
fin percent)
CWIKX senae
1994
199S
199S -
1997
1998
1999
2000 _
2001 ,.
Gi^ss 1 st^-
in
25
25
0
0
0
0
0
0
Class i iL3-
sunetsm
iroupi
0
0
0
a
0
9
0
0
Oast (Mb-
•MOM «l
ywww
w
tS
0
0
0
0
0
0
Ciass . 500-
^ances ^t
SRKWV
SO
X)
0
0
0
0
0
0
Cjjss i ius-
siincts n
9««>Vt
100
K»
1OO
100
100
100
a
Qtui sa>-
s^^%s n
gioup vn
100
100
0
0
0
0
a
0
§82.8 Grant and phased reduction of
baseline production and consump-
tion allowances for class II con-
trolled substances. (Reserved]
§8Z.9 Availability of production allow-
ances in addition to baseline pro-
duction allowances.
(a) Every person apportioned baseline
production allowances for class I con-
trolled substances under §82.5 (a)
through (f) is also granted Article 5 al-
lowances equal to:
(I) 15 percent of their baseline pro-
duction allowances for class I. Group II
controlled substances listed under §82.5
for each control period beginning Janu-
ary 1. 1994 until January I, 2003:
(2) 10 percent of their baseline pro-
duction allowance listed for class I.
Group I. Group III, Group IV, and
Group V controlled substances listed
under i 82.5 for each control period-end-
ing before January 1. It96.
(3) 15 percent of their baseline pro-
duction allowances for class I. Group I.
Group III. Group FV. and Group V con-
trolled substances listed under §82.5 for
each control period beginning January
1. 1996 until January 1, 2006.
(b) Effective January 1. 1995. a person
allocated Article 5 allowances may
produce class I controlled substances
for export to Article 5 countries as
under §82.11 and transfer Article 5 al-
lowances as under §82.12.
(c) Until January 1. 1996, a company
may also increase or decrease its pro-
duction allowances by trading with an-
other Party to the Protocol according
to the provision under this paragraph
(c) of this section. A nation listed in
appendix C to this sufapart (Parties to
the Montreal Protocol) must agree ei-
ther to transfer to the person for the
current control period some amount of
production that the nation is per-
mitted under the Montreal Protocol or
to receive from the person for the cur-
rent control period some amount of
production that the person is per-
mitted under this subpart. If the con-
trolled substance is to be returned to
the Party from whom allowances are
355
-------
§82.9
40 CFR Ch. I (7-1-97 Edition)
received, the request for production al-
lowances shall also be considered a re-
qyest for consumption allowances
under §82.1Q(c). If the controlled sub-
stance is to be sold in the United
States or to another Party (not the
Party from whom the allowances are
received), the U.S. company must ex-
pend its consumption allowances allo-
cated under §§82.6 and 82,7 in order to
produce with the additional production
allowances.
(1) For trades from a Party, the per-
son must obtain from the principal dip-
lomatic representative in that nation s
embassy in the United States a signed
document stating that the appropriate
authority within that nation has estab-
lished or revised production limits for
the nation to equal the lesser of the
maximum production that the nation
is allowed under the Protocol minus
the amount transferred, the maximum
production that is allowed under the
nation's applicable domestic law minus
the amount transferred, or the average
of the nation's actual national produc-
tion level for the three years prior to
the transfer minus the production al-
lowances transferred. The person must
submit to the Administrator a transfer
request that includes a true copy of
this document and that sets forth the
following:
(i) The identity and address of the
person;
(il) The identity of the Party:
(iii) The names and telephone num-
bers of contact persons for the person
and for the Party;
Civ) The chemical type and level of
production being transferred:
(v) The control period(s) to which the
transfer applies: and
(vi) For increased production in-
tended for export to the Party from
whom the allowances would be re-
ceived, a signed statement of intent to
export to the Party.
(2) For trades to a Party, a person
must submit a transfer request that
sets forth the following:
(i) The identity and address of the
person:
(il) The identity of the Party:
(ill) The names and telephone num-
bers of contact persons for the person
and for the Party:
(iv) The chemical type and level of
allowable production to be transferred:
and
(v) The control period (s) to which the
transfer applies.
(3) After receiving a transfer request
that meets the requirements of para-
graph (c){2) of this section, the Admin-
istrator may. at his discretion, con-
sider the following factors in deciding
whether to approve such a transfer:
(t) Possible creation of economic
hardship:
(ii) Possible effects on trade:
(iii) Potential environmental impli-
cations: and
(iv) The total amount of unexpended
production allowances held by United
States entities.
(4) The Administrator will issue the
person a notice either granting or de-
ducting production allowances and
specifying the control period to which
the transfer applies, provided that the
request meets the requirement of para-
graph (c)(l) of this section for trades
from Parties and paragraphs (c)(2) of
this section for trades to Parties, un-
less the Administrator has decided to
disapprove the trade under paragraph
(c)(3) of this section for trades to Par-
ties. For a trade from a Party, the Ad-
ministrator will issue a notice that re-
vises the allowances held by the person
to equal the unexpended production al-
lowances held by the person under this
subpart plus the level of allowable pro-
duction transferred from the Party.
For a trade to a Party, the Adminis-
trator will issue a notice that revises
the production limit for the person to
equal the lesser of:
(i) The unexpended production allow-
ances held by the person under this
subpart minus the amount transferred;
or
(ii) The unexpended production al-
lowances held by the person under this
subpart minus the amount by which
the United States average annual pro-
duction of the controlled substance
being traded for the three years prior
to the transfer is less than the total al-
lowable production allowable for that
substance under this subpart minus the
amount transferred. The change in al-
lowances will be effective on the date
that the notice is issued.
356
-------
Environmental Protection Agency
§82.9
(5) If after one person obtains ap-
proval for a trade of allowable produc-
tion of a controlled substance to a
Party, one or more other persons ob-
tain approval for trades involving the
same controlled substance and the
same control period, the Administrator
will issue notices revising the produc-
tion limits for each of the other per-
sons trading that controlled substance
in that control period to equal the less-
er of:
(i) The unexpended production allow-
ances held by the person under this
subpart minus the amount transferred:
or
(ii) The unexpended production al-
lowances held by the person under this
subpart minus the amount by which
the United States average annual pro-
duction of the controlled substance
being traded for the three years prior
to the transfer is less than the total al-
lowable production for that substance
under this subpart multiplied by the
amount transferred divided by the
total amount transferred by all the
other persons trading the same con-
trolled substance in the same control
period minus the amount transferred
by that person.
"(iii) The Administrator will also
issue a notice revising the production
limit for each person who previously
obtained approval of a trade of that
substance in that control period to
equal the unexpended production al-
lowances held by the person under this
subpart plus the amount by which the
United States average annual produc-
tion of the controlled substance being
traded for the three years prior to the
transfer is less than the total allowable
production under this subpart multi-
plied by the amount transferred by
that person divided by the amount
transferred by all of the persons who
have traded that controlled substance
in that control period. The change in
production allowances will be effective
on the date that the notice is issued.
(d) Effective January 1. 1996. there
will be no trade In production or_con-
sumption allowances with other "Par-
ties to the Protocol for class I con-
trolled substances, except for class I,
Group VI. methyl bromide,
(e) Until January I. 19%. for all class
I controlled substances, except Group
VI, and until January 1. 2001. for class
I. Group VI. a person may obtain pro-
duction allowances for that controlled
substance equal to the amount of that
controlled substance produced in the
United States that was transformed or
destroyed within the United States, or
transformed or destroyed by a person
of another Party, in the cases where
production allowances were expended
to produce such substance in the U.S.
in accordance with the provisions of
this paragraph. A request for produc-
tion allowances under this section will
be considered a request for consump-
tion allowances under §82.10(b).
(1) Until January 1. 1SS6. for all class
I controlled substances, except Group
VI. and until January 1, 2001. for class
I. Group VI. a person must submit a re-
quest for production allowances that
includes the following:
(i) The name, address, and telephone
number of the person requesting the al-
lowances, and the Employer Identifica-
tion Number if the controlled sub-
stance is being exported;
(ii) The name, quantity, and level of
controlled substance transformed or
the name, quantity and volume de-
stroyed, and the commodity code if the
substance was exported:
(ili) A copy of the invoice or receipt
documenting the sale of the controlled
substance, including the name, address,
contact person and telephone number
of the transformer or destroyer;
(iv) A certification that production
allowances were expended for the pro-
duction of the controlled substance.
and the date of purchase, if applicable;
(v) If the controlled substance is
transformed, the name, quantity, and
verification of the commercial use of
the resulting chemical and a copy of
the IRS certificate of intent to use the
controlled substance as a feedstock:
and.
(vi) If the controlled substance is de-
stroyed, the verification of the destruc-
tion efficiency.
(2) Until January I. 1996. for all class
I controlled substances, except Group
VI. and until January 1. 2001. for class
I. Group VI. the Administrator will re-
view the information and documenta-
tion submitted under paragraph (e)(l)
of this section and will assess the quan-
tity of class I controlled substance that
357
-------
182.9
40 CFR Ch, 1 (7-1-97 Edition)
the documentation and information
verifies was transformed or destroyed.
The Administrator will issue the per-
son production allowances equivalent
to the controlled substances that the
Administrator determines were trans-
formed or destroyed. For controlled
substances completely destroyed under
this rule, the Agency will grant allow-
ances equal to 100 percent of volume in-
tended for destruction. For those con-
trolled substances destroyed at less
than a 98 percent destruction effi-
ciency, the Agency will grant allow-
ances commensurate with that per-
centage of destruction efficiency that
is actually achieved. The grant of al-
lowances will be effective on the date
that the notice is issued.
(3) Until January 1. 1996. for all class
I controlled substances, except Group
VI. and until January 1. 2001. for class
I. Group VI. if the Administrator deter-
mines that the request for production
allowances does not satisfactorily sub-
stantiate that the person transformed
or destroyed controlled substances as
claimed, or that modified allowances
were not expended, the Administrator
will issue a notice disallowing the re-
quest for additional production allow-
ances. Within ten working days after
receipt of notification, the person may
file a notice of appeal, with supporting
reasons, with the Administrator. The
Administrator may affirm the dis-
allowance or grant an allowance, as
she/he finds appropriate in light of the
available evidence. If no appeal is
taken by the tenth day after notifica-
tion, the disallowance will be final on
that day.
(f) Effective January 1, 1996. and
until January 1. 2000. a person who was
nominated by the United States to the
Secretariat of the Montreal Protocol
for an essential use exemption may ob-
tain destruction and transformation
credits for a class I controlled sub-
stance (except class I. Group VI) equal
to the amount of that controlled sub-
stance produced in the United States
that was destroyed or transformed
within the United States in 2ases
where the controlled substance was
produced for other than destruction or
transformation in accordance with the
provisions of this subpart. subtracting
an offset of 15 percent.
(i) Effective January I, 1996, and
until January I. 2000. a person must
submit a request for destruction and
transformation credits that includes
the following:
(i) The identity and address of the
person and the essential-use exemption
and years for which the person was
nominated to the Secretariat of the
Montreal Protocol;
(H) The name, quantity and volume
of controlled substance destroyed or
transformed:
(Hi) A copy of the invoice or receipt
documenting the sale or transfer of the
controlled substance to the person:
(iv) A certification of the previous
use of the controlled substance:
(v) For destruction credits, a certifi-
cation that the controlled substance
was destroyed and a certification of the
efficiency of the destruction process;
and
(vi) For transformation credits, an
IRS certificate of feedstock use or
transformation of the controlled sub-
stance.
(2) Effective January i, 1996. and
until January 1, 2000. the Adminis-
trator will issue the person destruction
and transformation credits equivalent
to the class I controlled substance (ex-
cept class I. Group VI) recovered from
a use system in the United States, that
the Administrator determines were de-
stroyed or transformed, subtracting
the offset of 15 percent. For controlled
substances completely destroyed under
this rule, the Agency will grant de-
struction credits equal to 100 percent of
volume destroyed minus the offset. For
those controlled substances destroyed
at less than a 98 percent destruction ef-
ficiency, the Agency will grant de-
struction credits commensurate with
that percentage of destruction effi-
ciency that is actually achieved minus
the offset. The grant of credits will be
effective on the date that the notice is
issued.
(3) Effective January 1. 1996. and
until January 1. 2000. if the Adminis-
trator determines that the request for
destruction and transformation credits
does not satisfactorily substantiate
that the person was nominated for an
essential-use exemption by the United
States to the Secretariat for the Mon-
treal Protocol for the control period, or
358
-------
Environmental Protection Agency
§ 82.10
that the person destroyed or trans-
formed a class I controlled substance
as claimed, or that the controlled sub-
stance was not recovered from a U.S.
use system the Administrator will
issue a notice disallowing the request
for additional destruction and trans-
formation credits. Within ten working
days after receipt of notification, the
person may file a notice of appeal, with
supporting reasons, with the Adminis-
trator. The Administrator may affirm
the disallowance or grant an allow-
ance, as she/he finds appropriate in
light of the available evidence. If no
appeal is taken by the tenth day after
notification, the disallowance will be
final on that day.
§82.10 Availability of consumption al-
lowances in addition to baseline
consumption allowances.
(a) Until January 1. 1996. for all class
I controlled substances, except Group
VI. and until January 1. 2001 for class I.
Group VI. any person may obtain, in
accordance with the provisions of this
subsection, consumption allowances
equivalent to the level of class I con-
trolled substances (other than used
controlled substances or
transhipments) that the person has ex-
ported from the United States and its
territories to a Party (as listed in ap-
pendix C to this subpart).
(1) Until January 1. 1996. for all class
I controlled substances, except Group
VI. and until January 1. 2001 for class I.
Group VI. to receive consumption al-
lowances in addition to baseline con-
sumption allowances, the exporter of
the class 1 controlled substances must
submit to the Administrator a request
for consumption allowances setting
forth the following:
(1) The identities and addresses of the
exporter and the recipient of the ex-
ports;
(ii) The exporter's Employer Identi-
fication Number;
(til) The names and telephone num-
bers of contact persons for the exporter
and the recipient:
(iv) The quantity and type of "con-
trolled substances exported:
(v) The source of the controlled sub-
stance and the date purchased:
(vi) The date on which, and the port
from which, the controlled substances
were exported from the United States
or its territories;
(vii) The country to which the con-
trolled substances were exported;
(viii) A copy of the bill of lading and
the invoice indicating the net quantity
of controlled substances shipped and
documenting the sate of the controlled
substances to the purchaser.
(ix) The commodity code of the con-
trolled substance exported: and
(x) Written statement from the pro-
ducer that the controlled substance
was produced with expended allow-
ances.
(2) The Administrator will review the
information and documentation sub-
mitted under paragraph (a)(l) of this
section and will assess the quantity of
controlled substances that the docu-
mentation verifies was exported. The
Administrator will issue the exporter
consumption allowances equivalent to
the level of controlled substances that
the Administrator determined were ex-
ported. The grant of the consumption
allowances will be effective on the date
the notice is issued. If the Adminis-
trator determines that the information
and documentation does not satisfac-
torily substantiate that the person ex-
ported controlled substances as
claimed the Administrator will issue a
notice that the consumption allow-
ances are not granted.
(b) Until January 1, 1996. a person
may obtain consumption allowances
for a class I controlled substance (and
until January 1. 2001 for class I, Group
VI) equal to the amount of a controlled
substance either produced in. or im-
ported into, the United States that was
transformed or destroyed in the case
where consumption allowances were
expended to produce or import such
substance in accordance with the pro-
visions of this paragraph. However, a
person producing or importing a con-
trolled substance (except class I. Group
VI) that was transformed or destroyed
must submit to the Administrator the
information described under §82.13
(f)(3) (i) and (ii).
(c) A company may also increase its
consumption allowances by receiving
production from another Party to the
Protocol for class I. Group I through
Group V and Group VII controlled sub-
stances until January 1. 19%. and for
359
-------
S 82.11
40 CFR Ch. I (7-1-97 Edition)
class I, Group VI controlled substances
until January I. 2001. A nation listed In
appendix C to this subpart (Parties to
the Montreal Protocol) must agree to
transfer to the person for the current
control period some amount of produc-
tion that the nation is permitted under
the Montreal Protocol. If the con-
trolled substance is to be returned to
the Party from whom allowances are
received, the request for consumption
allowances shall also be considered a
request for production allowances
under f 82.9(c). For trades from a Party.
Che person must obtain from the prin-
cipal diplomatic representative in that
nation's embassy in the United States
a signed document stating that the ap-
propriate authority within that nation
has established or revised production
limits for the nation to equal the lesser
of the maximum production that the
nation is allowed under the Protocol
minus the amount transferred, the
maximum production that is allowed
under the nation's applicable domestic
law minus the amount transferred, or
the average of the nation's actual na-
tional production level for the three
years prior to the transfer minus the
production allowances transferred. The
person must submit to the Adminis-
trator a transfer request that includes
a true copy of this document and that
sees forth the following;
(1) The identity and address of the
person:
(2) The identity of the Party;
(3) The names and telephone numbers
of contact persons for the person and
for the Party:
(4) The chemical type and level of
production being transferred:
(5) The control period(s) to which the
transfer applies: and
(6) For increased production intended
for export to the Party from whom al-
lowances would be received, a signed
statement of Intent to export to this
Party.
(d) On the first day of each control
period, until January 1, 1996, the Agen-
cy will grant consumption allowances
to any person that produced and ex-
ported a Group IV controlled substance
in the baseline year and that was not
granted baseline consumption allow-
ances under §82.5.
(!) The number of consumption al-
lowances any such person will be
granted for each control period will be
equal to the number of production al-
lowances granted to that person under
S 82.7 for that control period.
(2) Any person granted allowances
under this paragraph must hold the
same number of unexpended consump-
tion allowances for the control period
for which the allowances were granted
by February 15 of the following control
period. Every kilogram by which the
person's unexpended consumption al-
lowances fall short of the amount the
person was granted under this para-
graph constitutes a separate violation.
§ 82.11 Exports to Article 5 Parties.
(a) If apportioned Article 5 allow-
ances under §82.9(a), a person may
produce class I controlled substances,
in accordance with the prohibitions in
§82,4, to be exported (not including ex-
ports resulting in transformation or
destruction, or used controlled sub-
stances) to foreign states listed in ap-
pendix E to this subpart (Article 5
countries).
(I) A person must submit a notice to
the Administrator of exports to Article
5 countries (except exports resulting in
transformation or destruction, or used
controlled substances) at the end of the
quarter that includes the following:
(i) The identities and addresses of the
exporter and the Article 5 country re-
cipient of the exports;
(il) The exporter's Employee Identi-
fication Number:
(ill) The names and telephone num-
bers of contact persons for the exporter
and for the recipient:
(Jv) The quantity and the type of con-
trolled substances exported. Its source
and date purchased:
(v) The date on which, and the port
from which, the controlled substances
were exported from the United States
or its territories:
(vl) The Article 5 country to which
the controlled substances were ex-
ported:
(vii) A copy of the bill of lading and
invoice indicating the net quantity
shipped and documenting the sale of
the controlled substances to the Arti-
cle S purchaser:
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Environmental Protection Agency
§82.12
(vlii) The commodity code of the con-
trolled substance exported: and
(ix) A copy of th* invoice or sales
agreement covering the sale of the con-
trolled substances to the recipient Ar-
ticle 5 country that contains provisions
forbidding the reexport of the con-
trolled substance in bulk form and sub-
jecting the recipient or any transferee
of the recipient to liquidated damages
equal to the resale price of the con-
trolled substances if they are reex-
ported in bulk form.
(2) (Reserved)
fb) {Reserved!
§82.12 Transfers.
(a) Inter-company transfers,
(!) Until January I. 1996. for all class
I controlled substances, except for
Group VI. and until January 1. 2001, for
Group VI. any person ("transferor")
may transfer to any other person
("transferee") any amount of the
transferor's consumption allowances or
production allowances, and effective
January 1. 1995. for all class ! con-
trolled substances any person ("trans-
feror") may transfer to any other per-
son (""transferee"'! any amount of the
transferor's Article 5 allowances, as
follows:
(i) The transferor must submit to the
Administrator a transfer claim setting
forth the following:
(A) The identities and addresses of
the transferor and the transferee;
(B) The name and telephone numbers
of contact persons for the transferor
and the transferee;
(C) The type of allowances being
transferred, including the names of the
controlled substances for which allow-
ances are to be transferred;
(D) The group of controlled sub-
stances co which the allowances being
transferred pertains:
(E) The amount of allowances being
transferred:
(F) The control period(s) for which
the allowances are being transferred;
(G) The amount of unexpended allow-
ances of the type and for the control
period being transferred that the trans-
feror holds under authority of this sub-
part as of the date the claim is submit-
ted to EPA: and
(H) The amount of the one percent
offset applied to the unweighted
amount traded that will be deducted
from the transferor's allowance bal-
ance (except for trades from transform-
ers and destroyers to producers or im-
porters for the purpose of allowance re-
imbursement).
(ii) The Administrator will determine
whether the records maintained by
EPA. taking into account any previous
transfers and any production, allow-
able imports and exports of controlled
substances reported by the transferor.
indicate that the transferor possesses.
as of the date the transfer claim is
processed, unexpended allowances suf-
ficient to cover the transfer claim {i.e..
the amount to be transferred plus, in
the case of transferors of production or
consumption allowances, one percent
of that amount). Within three working
days of receiving a complete transfer
claim, the Administrator will take ac-
tion to notify the transferor and trans-
feree as follows:
(A) If EPA's records show that the
transferor has sufficient unexpended
allowances to cover the transfer claim,
the Administrator will issue a notice
indicating that EPA does not object to
the transfer and will reduce the trans-
feror's balance of unexpended allow-
ances by the amount to be transferred
plus, in the case of transfers of produc-
tion or consumption allowances, one
percent of that amount. When EPA is-
sues a no objection notice, the trans-
feror and the transferee may proceed
with the transfer. However, if EPA ul-
timately finds that the transferor did
not have sufficient unexpended allow-
ances to cover the claim, the transferor
and transferee will be held liable for
any violations of the regulations of
this subpart that occur as a result of.
or in conjunction with, the improper
transfer.
(B) If EPA's records show that the
transferor has insufficient unexpended
allowances to cover the transfer claim.
or that the transferor has failed to re-
spond to one or more Agency requests
to supply information needed to make
a determination, the Administrator
will issue a notice disallowing the
transfer. Within 10 working days after
receipt of notification, either party
may file a notice of appeal, with sup-
porting reasons, with the Adminis-
trator. The Administrator may affirm
361
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§82.12
or vacate the disallowance. If no appeal
is taken by the tenth working day
after notification, the disallowance
shall be final on that day.
(iii) In the event that the Adminis-
trator does not respond to a transfer
claim within the three working days
specified in paragraph (a)(l)(ii) of this
section, the transferor and transferee
may proceed with the transfer. EPA
will reduce the transferor's balance of
unexpended allowances by the amount
to be transferred plus, in the case of
transfers of production or consumption
allowances, one percent of that
amount. However, if EPA ultimately
finds that the transferor did not have
sufficient unexpended allowances to
cover the claim, the transferor and
transferee will be held liable for any
violations of the regulations of this
subpart that occur as a result of, or in
conjunction with, the improper trans-
fer.
(2) Effective January 1, 1996. any per-
son ("transferor") may transfer to an
eligible person ("transferee") as de-
fined in §82.9 any amount of the trans-
feror's destruction and transformation
credits. The transfer proceeds as fol-
lows:
(i) The transferor must submit to the
Administrator a transfer claim setting
forth the following:
(A) The identities and addresses of
the transferor and the transferee:
(B) The name and telephone numbers
of contact persons for the transferor
and the transferee;
(C) The type of credits being trans-
ferred, including the names of the con-
trolled substances for which credits are
to be transferred;
(D) The group of controlled sub-
stances to which the credits being
transferred pertains;
(E) The amount of destruction and
transformation credits being trans-
ferred:
(F) The control period (s) for which
the destruction and transformation
credits are being transferred:
(G) The amount of unexpended- de-
struction and transformation credits
for the control period being transferred
that the transferor holds under author-
ity of this subpart as of the date the
claim is submitted to EPA; and
40 CFR Ch. I (7-1-97 Edition)
(H) The amount of the one-percent
offset applied to the unweighted
amount traded that will be deducted
from the transferor's balance.
(ii) The Administrator will determine
whether the records maintained by
EPA, taking into account any previous
transfers and any production of con-
trolled substances reported by the
transferor, indicate that the transferor
possesses, as of the date the transfer
claim is processed, unexpended de-
struction and transformation credits
sufficient to cover the transfer claim
(i.e., the amount to be transferred plus
one percent of that amount). Within
three working days of receiving a com-
plete transfer claim, the Administrator
will take action to notify the trans-
feror and transferee as follows:
(A) If EPA's records show that the
transferor has sufficient unexpended
destruction and transformation credits
to cover the transfer claim, the Admin-
istrator will issue a notice indicating
that EPA does not object to the trans-
fer and will reduce the transferor's bal-
ance of unexpended or credits by the
amount to be transferred plus one per-
cent of that amount. When EPA issues
a no objection notice, the transferor
and the transferee may proceed with
the transfer. However, if EPA ulti-
mately finds that the transferor did
not have sufficient unexpended credits
to cover the claim, the transferor and
transferee will be held liable for any
violations of the regulations of this
subpart that occur as a result of, or in
conjunction with, the improper trans-
fer.
(B) If EPA's records show that the
transferor has insufficient unexpended
destruction and transformation credits
to cover the transfer claim, or that the
transferor has failed to respond to one
or more Agency requests to supply in-
formation needed to make a deter-
mination, the Administrator will issue
a notice disallowing the transfer. With-
in 10 working days after receipt of noti-
fication, either party may file a notice
of appeal, with supporting reasons,
with the Administrator. The Adminis-
trator may affirm or vacate the dis-
allowance. If no appeal is taken by the
tenth working day after notification,
the disallowance shall be final on that
day.
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Environmental Protection Agency
§82.12
(ill) In the event that the Adminis-
trator do«s not respond to a transfer
claim within the three working days
specified in paragraph (a)(2)(ii) of this
section, the transferor and transferee
may proceed with the transfer, EPA
will reduce the transferor's balance of
unexpended destruction and trans-
formation credits by the amount to be
transferred plus one percent of that
amount. However, if EPA ultimately
finds that the transferor did not have
sufficient unexpended credits to cover
the claim, the transferor and trans-
feree will be held liable for any viola-
tions of the regulations of this subpart
that occur as a result of, or in conjunc-
tion with, the improper transfer,
(b) Inter-pollutant conversions.
(1) Until January 1. 19%, for all class
I controlled substances, except Group
VI. and until January 1. 2001 for Group
VI. any person ("converter") may con-
vert consumption allowances or pro-
duction allowances for one class I con-
trolled substance to the same type of
allowance for another class I controlled
substance within the same Group as
the first as listed in appendix A of this
subpart. following the procedures de-
scribed in paragraph (b)(4) of this sec-
tion,
(2) Effective January 1. 1995. any per-
son ("converter") may convert Article
5 allowances for one class I controlled
substance to the same type of allow-
ance for another class I controlled sub-
stance within the same Group of con-
trolled substances as the first as listed
in appendix A of this subpart. following
the procedures described in paragraph
(b) (4) of this section.
(3) Effective January 1, 1996, any per-
son ("converter") may convert destruc-
tion and/or transformation credits for
one class I controlled substance to the
same type of credits for another class I
controlled substance within the same
Group of controlled substances as the
first as listed in appendix A of this sub-
part, following the procedures in para-
graph (b)(4) of this section.
(4) The converter must submit to-the
Administrator a conversion claim.
(i) The conversion claim would in-
clude the following:
(A) The Identity and address of the
converter;
(B) The name and telephone number
of a contact person for the converter;
(C) The type of allowances or credits
being converted, including the names
of the controlled substances for which
allowances or credits are to be con-
verted;
(D) The group of controlled sub-
stances to which the allowances or
credits being converted pertains;
(E) The amount and type of allow-
ances or credits to be converted;
(F) The amount of allowances or
credits to be subtracted from the
converter's unexpended allowances or
credits for the first controlled sub-
stance, to be equal to 101 percent of the
amount of allowances or credits con-
verted;
(G) The amount of allowances or
credits to be added to the converter's
unexpended allowances or credits for
the second controlled substance, to be
equal to the amount of allowances or
credits for the first controlled sub-
stance being converted multiplied by
the quotient of the ozone depletion fac-
tor of the first controlled substance di-
vided by the ozone depletion factor of
the second controlled substance, as
listed in appendix A to this subpart;
(H) The control period(s) for which
the allowances or credits are being con-
verted; and
(I) The amount of unexpended allow-
ances or credits of the type and for the
control period being converted that the
convertor holds under authority of this
subpart as of the date the claim is sub-
mitted to EPA.
(ii) The Administrator will determine
whether the records maintained by
EPA. taking into account any previous
conversions, any transfers, any credits,
and any production, imports (not in-
cluding transhipments or used con-
trolled substances), or exports (not in-
cluding transhipments or used con-
trolled substances) of controlled sub-
stances reported by the convertor. indi-
cate that the convertor possesses, as of
the date the conversion claim is proc-
essed, unexpended allowances or cred-
its sufficient to cover the conversion
claim (i.e., the amount to be converted
plus one percent of that amount).
Within three working days of receiving
363
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§82.13
40 CFR Ch. I (7-1-97 Edition)
a complete conversion claim, the Ad-
ministrator will take action to notify
the converter as follows:
(A) If EPA's records show that the
convenor has sufficient unexpended al-
lowances or credits to cover the con-
version claim, the Administrator will
issue a notice indicating that EPA does
not object to the conversion and will
reduce the convenor s balance of unex-
pended allowances or credits by the
amount to be converted plus one per-
cent of that amount. When EPA issues
a no objection notice, the convenor
may proceed with the conversion. How-
ever, if EPA ultimately finds that the
convenor did not have sufficient unex-
pended allowances or credits to cover
the claim, the convenor will be held
liable for any violations of the regula-
tions of this subpart that occur as a re-
sult of, or in conjunction with, the im-
proper conversion,
(B) If EPA's records show that the
convenor has insufficient unexpended
allowances or credits to cover the con-
version claim, or that the convenor
has failed to respond to one or more
Agency requests to supply information
needed to make a determination, the
Administrator will issue a notice dis-
allowing the conversion. Within 10
working days after receipt of notifica-
tion, the convenor may file a notice of
appeal, with supporting reasons, with
the Administrator. The Administrator
may affirm or vacate the disallowance.
If no appeal is taken by the tenth
working day after notification, the dis-
allowance shall be final on that day.
fill) In the event that the Adminis-
trator does not respond to a conversion
claim within the three working days
specified in paragraph (b)(4)(ii) of this
section, the convenor may proceed
with the conversion. EPA will reduce
the convenor's balance of unexpended
allowances or credits by the amount to
be convened plus one percent of that
amount. However, if EPA ultimately
finds that the convenor did not have
sufficient unexpended allowances or
credits to cover the claims, the conver-
tor will be held liable for any viola-
tions of the regulations of this subpart
that occur as a result of. or in conjunc-
tion with, the improper conversion.
(5) Effective January 1, 1995, and for
every control period thereafter, inter-
pollutant trades will be permitted dur-
ing the 45 days after the end of a con-
trol period.
(c) Inter-company transfers and
Inter-pollutant conversions.
(1) Until January I. 1996. for produc-
tion and consumption allowances: ef-
fective January 1, 1995. for Article 5 al-
lowances; and effective January 1. 1996,
for destruction and/or transformation
credits; if a person requests an inter-
company transfer and an inter-pollut-
ant conversion simultaneously, the
amount subtracted from the convertor-
transferor's unexpended allowances or
unexpended credits for the first con-
trolled substance will be equal to 101
percent of the amount of allowances or
credits that are being convened and
transferred.
(2) [Reserved]
§82.13 Recordkeeping and reporting
requirements.
(a) Unless otherwise specified, the
recordkeeping and reporting require-
ments set forth in this section take ef-
fect on January 1. 1995.
(b) Reports and records required by
this section may be used for purposes
of compliance determinations. These
requirements are not intended as a lim-
itation on the use of other evidence ad-
missible under the Federal Rules of
Evidence. Failure to provide the re-
ports and records required by this sec-
tion, and to certify the accuracy of the
information in the reports and records
required by this section, wil! be consid-
ered a violation of this subpan.
(c) Unless otherwise specified, reports
required by this section must be mailed
to the Administrator within 45 days of
the end of the applicable reporting pe-
riod.
(d) Records and copies of reports re-
quired by this section must be retained
for three years.
(e) In reports required by this sec-
tion, quantities of controlled sub-
stances must be stated in terms of
kilograms.
(f) Every person ("producer") who
produces class I controlled substances
during a control period must comply
with the following recordkeeping and
reporting requirements:
364
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Environmental Protection Agency
§82.13
(1) Within 120 days of May 10, 1995, or
within 120 days of the dace that a pro-
ducer first produces a class I controlled
substance, whichever is later, every
producer who has not already done so
must submit to the Administrator a re-
port describing:
(i) The method by which the producer
in practice measures daily quantities
of controlled substances produced*.
(it) Conversion factors by which the
daily records as currently maintained
can be converted into kilograms of
controlled substances produced, includ-
ing any constants or assumptions used
in making those calculations (eg..
tank specifications, ambient tempera-
ture or pressure, density of the con-
trolled substance);
{iii) Internal accounting procedures
for determining plant-wide production:
(iv) The quantity of any fugitive
losses accounted for accounted for in
the production figures: and
(v) The estimated percent efficiency
of the production process for the con-
trolled substance. Within 60 days of
any change in the measurement proce-
dures or the information specified in
the above report, the producer must
submit a report specifying the revised
data or procedures to the Adminis-
trator.
(2) Every producer of a class I con-
trolled substance during a control pe-
riod must maintain the following
records:
(i) Dated records of the quantity of
each controlled substance produced at
each facility:
(ii) Dated records of the quantity of
controlled substances produced for use
in processes that result in their trans-
formation or for use in processes that
result in their destruction and quan-
tity sold for use in processes that re-
sult in their transformation or for use
in processes that result in their de-
struction;
(iii) Dated records of the quantity of
controlled substances produced for an
essential-use and quantity sold for-use
in an essential-use process:
(iv) Dated records of the quantity of
controlled substances produced with
expended destruction and/or trans-
formation credits;
(v) Dated records of the quantity of
controlled substances produced with
Article 5 allowances:
(vi) Copies of invoices or receipts
documenting sale of controlled sub-
stance for use in processes resulting in
their transformation or for use in proc-
esses resulting in destruction;
(vii) Dated records of the quantity of
each controlled substance used at each
facility as feedstocks or destroyed in
the manufacture of a controlled sub-
stance or in the manufacture of any
other substance, and any controlled
substance introduced into the produc-
tion process of the same controlled
substance at each facility;
(viii) Dated records identifying the
quantity of each chemical not a con-
trolled substance produced within each
facility also producing one or more
controlled substances;
(ix) Dated records of the quantity of
raw materials and feedstock chemicals
used at each facility for the production
of controlled substances;
(x) Dated records of the shipments of
each controlled substance produced at
each plant;
(xi) The quantity of controlled sub-
stances, the date received, and names
and addresses of the source of used ma-
terials containing controlled sub-
stances which are recycled or re-
claimed at each plant:
(xii) Records of the date, the con-
trolled substance, and the estimated
quantity of any spill or release of a
controlled substance that equals or ex-
ceeds 100 pounds:
(xiii) Internal Revenue Service Cer-
tificates in the case of transformation.
or the destruction verification in the
case of destruction {as in §82.13(k)>,
showing that the purchaser or recipi-
ent of a controlled substance, in the
United States or in another country
that is a Party, certifies the intent to
either transform or destroy the con-
trolled substance, or sell the controlled
substance for transformation or de-
struction in cases when production and
consumption allowances were not ex-
pended:
(xiv) Written verifications that es-
sential-use allowances were conveyed
to the producer for the production of
365
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§82.13
40 CF8 Ch. I (7-1-97 Edition)
specified quantities of a specific con-
trolled substance that will only be used
for the named essential-use:
(xv) Written certifications that quan-
tities of controlled substances, meeting
the purity criteria in Appendix G of
this subpart. were purchased by dis-
tributors of laboratory supplies or by
laboratory customers to be used only
for an essential-use laboratory applica-
tion, and not to be resold or used In
manufacturing.
(xvi) Written verifications from a
U.S. purchaser that the controlled sub-
stance was exported to an Article 5
country in cases when Article 5 allow-
ances were expended during produc-
tion.
(3) For each quarter, each producer of
a class I controlled substance must
provide the Administrator with a re-
port containing the following informa-
tion:
(i) The production by company in
that quarter of each controlled sub-
stance, specifying the quantity of any
controlled substance used in process-
ing, resulting in its transformation by
the producer;
(ii) The amount of production for use
in processes resulting in destruction of
controlled substances by the producer:
(iii) The levels of production (ex-
pended allowances and credits) for each
controlled substance;
(iv) The producer's total of expended
and unexpended production allowances.
consumption allowances. Article 5 al-
lowances, and amount of essential-use
allowances and destruction and trans-
formation credits conferred at the end
of that quarter;
(v) The quantity of used material re-
ceived containing controlled sub-
stances that are recycled or reclaimed;
(vi) The amount of controlled sub-
stance sold or transferred during the
quarter to a person other than the pro-
ducer for use in processes resulting in
its transformation or eventual destruc-
tion:
(vtl) A list of the quantities and
names of controlled substances ex-
ported, by the producer and or by other
U.S. companies, to a Party to the Pro-
tocol that will be transformed or de-
stroyed and therefore were not pro-
duced expending production or con-
sumption allowances:
(viii) For transformation in the Unit-
ed States or by a person of another
Party, one copy of an IRS certification
of intent to transform the same con-
trolled substance for a particular
transformer and a list of additional
quantities shipped to that same trans-
former for the quarter:
(Ix) For destruction in the United
States or by a person of another Party.
one copy of a destruction verification
(as under §82.13{k)) for a particular de-
stroyer, destroying the same controlled
substance, and a list of additional
quantities shipped to that same de-
stroyer for the quarter;
(x) A list of U.S. purchasers of con-
trolled substances that exported to an
Article 5 country in cases when Article
5 allowances were expended during pro-
duction;
(xi) A list of the essential-use allow-
ance holders, distributors of laboratory
supplies and laboratory customers
from whom orders were placed and the
quantity of specific essential-use con-
trolled substances requested and pro-
duced:
(xii) The certifications from essen-
tial-use allowance holders and labora-
tory customers stating that the con-
trolled substances were purchased sole-
ly for specified essential uses and will
not be resold or used in manufacturing;
and
(xiii) In the case of laboratory essen-
tial uses, a certification from distribu-
tors of laboratory supplies that con-
trolled substances were purchased for
sale to laboratory customers who cer-
tify that the substances will only be
used for laboratory applications and
will not be resold or used in manufac-
turing.
(4) For any person who fails to main-
tain the records required by this para-
graph, or to submit the report required
by this paragraph, the Administrator
may assume that the person has pro-
duced at full capacity during the period
for which records were not kept, for
purposes of determining whether the
person has violated the prohibitions at
§82.4.
(g) Importers of class I controlled
substances during a control period
must comply with record-keeping and
reporting requirements specified in
this paragraph (g).
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Environmental Protection Agency
§82.13
(1) Recordkeeping—Importers, Any
importer of a class I controlled sub-
stance (Including used, recycled and re-
claimed controlled substances) must
maintain the following records:
(i) The quantity of each controlled
substance imported, either alone or in
mixtures, including the percentage of
each mixture which consists of a con-
trolled substance;
(ii) The quantity of those controlled
substances imported that are used (in-
cluding recycled or reclaimed) and the
information provided with the petition
asunder§82.13(g)(2);
(iii) The quantity of controlled sub-
stances other than transhipments or
used, recycled or reclaimed substances
imported for use in processes resulting
in their transformation or destruction
and quantity sold for use in processes
that result in their destruction or
transformation;
(iv) The date on which the controlled
substances were imported;
(v) The port of entry through which
the controlled substances passed;
(vi) The country from which the im-
ported controlled substances were im-
ported;
(vii) The commodity code for the
controlled substances shipped;
(viii) The importer number for the
shipment;
(ix) A copy of the bill of lading for
the import;
(x) The invoice for the import:
(xi) The quantity of imports of used.
recycled or reclaimed class I controlled
substances and class II controlled sub-
stances;
(xii) The U.S. Customs entry form;
(xiii) Dated records documenting the
sale or transfer of controlled sub-
stances for use in processes resulting in
transformation or destruction;
(xiv) Copies of IRS certifications that
the controlled substance will be trans-
formed or destruction verifications
that it will be destroyed (as in
§82.13(k)):
(xv) Dated records of the quantity of
controlled substances imported for an
essential-use or imported with destwic-
tion and transformation credits; and
(xvi) Copies of documents conveying
the right to import controlled sub-
stances for specific essential uses, or
certifications that Imported controlled
substances are being purchased for es-
sential laboratory and analytical appli-
cations or being purchased for eventual
sale to laboratories that certify the
controlled substances are for essential
laboratory applications.
(2) Petitioning—Importers of Used,
Recycled or Reclaimed Controlled Sub-
stances and Transhipments. For each
individual shipment (not to be aggre-
gated) over 150 pounds of a used, recy-
cled or reclaimed controlled substance
as defined in §82.3, an importer must
submit to the Administrator, at least
15 working days before the shipment is
to leave the foreign port of export, the
following information in a petition:
(i) The name and quantity of the
used, recycled or reclaimed controlled
substance to be imported (including
material that has been recycled or re-
claimed):
(ii) The name and address of the im-
porter, the importer ID number, the
contact person, and the phone and fax
numbers;
(iii) Name and address of the
source(s) of the used, recycled or re-
claimed controlled substance, includ-
ing a description of the previous use(s),
when possible;
(iv) Name and address of the exporter
and/or foreign owner of the material.
(v) The U.S. port of entry for the im-
port, the expected date of shipment and
the vessel transporting the chemical:
(vi) The intended use of the used, re-
cycled or reclaimed controlled sub-
stance;
(vii) The name, address and contact
person of the U.S. reclamation facility,
where applicable;
(viii) A certification that the pur-
chaser of the used, recycled or re-
claimed controlled substance being im-
ported is liable for payment of the tax;
(ix) If the imported controlled sub-
stance was reclaimed in a foreign
Party, the name and address of the for-
eign reclamation facility, the contact
person at the facility, and the phone
and fax number;
(x) If the imported used controlled
substance is intended to be sold as a re-
frigerant in the U.S.. the name and ad-
dress of the U.S. reclaimer who will
bring the material to the standard re-
quired under section 608 (§82.152(g)) of
367
-------
§82.13
40 CFR Ch. I (7-1-97 EdHion)
the CAA, if not already reclaimed to
chose specifications.
(xi) Rules stayed for reconsideration.
Notwithstanding any other provisions
of this subpart. the effectiveness of 40
CFR 82.13(g)(2)(viii) is stayed from July
11. 1996 until the completion of the re-
consideration of 40 CFR 82.13(g)(2)(vlii).
(3) The Administrator will review the
information submitted under para-
graph (g)(2) of this section and assess
the completeness and accuracy of the
petition for the import of the used, re-
cycled or reclaimed controlled sub-
stance. If the Administrator deter-
mines that the information is insuffi-
cient, or there is reason to disallow the
import, the Administrator will issue an
objection notice before the shipment is
to leave the foreign port of export (the
end of the 15 working days). In the
event that the Administrator does not
respond to the petition within the 15
working days, the importer may pro-
ceed with the import. The importer
may re-petition the Agency, if the Ad-
ministrator indicated insufficient in-
formation to make a determination.
(3) Reporting Requirements—Import-
ers. For each quarter, every importer
of a class I controlled substance (in-
cluding importers of used, recycled or
reclaimed controlled substances) must
submit to the Administrator a report
containing the following information:
(i) Summaries of the records required
in paragraphs (g)(l) (i) through (xvi) of
this section for the previous quarter;
(ii) The total quantity imported in
kilograms of each controlled substance
for that quarter:
(iii) The quantity of those controlled
substances imported that are used, re-
cycled or reclaimed:
(iv) The levels of import (expended
consumption allowances before Janu-
ary I. 1996) of controlled substances for
that quarter and totaled by chemical
for the control-period-to-date;
(vii) The importer's total sum of ex-
pended and unexpended consumption
allowances by chemical as of the end of
that quarter;
(viii) The amount of controlled sub-
stances imported for use in processes
resulting in their transformation or de-
struction:
(Ix) The amount of controlled sub-
stances sold or transferred during the
quarter to each person for use in proc-
esses resulting in their transformation
or eventual destruction:
(x) The amount of controlled sub-
stances sold or transferred during the
quarter to each person for an essential
use:
{xi) The amount of controlled sub-
stances imported with destruction and
transformation credits:
(xii) Internal Revenue Service Cer-
tificates showing that the purchaser or
recipient of imported controlled sub-
stances intends to transform those sub-
stances or destruction verifications {as
in |82.I3(k)) showing that purchaser or
recipient intends to destroy the con-
trolled substances: and
(xiii) A list of the essential-use al-
lowance holder and/or laboratory from
whom orders were placed and the quan-
tity of specific essential-use controlled
substances requested and imported.
(hi Reporting Requirements—Export-
ers. For any exports of class I con-
trolled substances not reported under
§82.10 (additional consumption allow-
ances), or under §82.13(0(3) (reporting
for producers of controlled substances).
the exporter who exported a class I
controlled substances must submit to
the Administrator the following infor-
mation within 45 days after the end of
the control period in which the unre-
ported exports left the United States:
(1) The names and addresses of the
exporter and the recipient of the ex-
ports:
(2) The exporter's Employee Identi-
fication Number;
(3) The type and quantity of each
controlled substance exported and
what percentage, if any. of the con-
trolled substance is used, recycled or
reclaimed;
(4) The date on which, and the port
from which, the controlled substances
were exported from the United States
or its territories;
(5) The country to which the con-
trolled substances were exported;
(6) The amount exported to each Ar-
ticle 5 country;
(?) The commodity code of the con-
trolled substance shipped: and
(8) The sales contract certifying that
the controlled substance that was ex-
ported to a Party to the Protocol will
be transformed or destroyed.
368
-------
Environmental Protection Agency
(i) Every person who has requested
additional production allowances under
§82.9(e) or destruction and trans-
formation credits under §82.9(0 or con-
sumption allowances under §82.10(b) or
who transforms or destroys class I con-
trolled substances not produced by
that person must maintain the follow-
ing:
(1) Dated records of the quantity and
level of each controlled substance
transformed or destroyed:
(2) Copies of the Invoices or receipts
documenting the sale or transfer of the
controlled substance to the person;
(3) In the case where those controlled
substances are transformed, dated
records of the names, commercial use.
and quantities of the resulting chemi-
cal (s):
(4) In the case where those controlled
substances are transformed, dated
records of shipments to purchasers of
the resulting chemicaUs);
(5) Dated records of all shipments of
controlled substances received by the
person, and th« identity of the pro-
ducer or importer of the controlled
substances:
(6) Dated records of inventories of
controlled substances at each plant on
the first day of each quarter; and
(7) A copy of the person's IRS certifi-
cation of intent to transform or the
purchaser's or recipient's destruction
verification of intent to destroy (as
under §82.13(k)), in the case where sub-
stances were purchased or transferred
for transformation or destruction pur-
poses.
(J) Persons who destroy class I con-
trolled substances shall, following pro-
mulgation of this rule, provide EPA
with a one-time report stating the de-
struction unit's destruction efficiency
and the methods used to record the vol-
ume destroyed and those used to deter-
mine destruction efficiency and the
name of other relevant federal or state
regulations that may apply to the de-
struction process. Any changes to the
unit's destruction efficiency or meth-
ods used to record volume destroyed
and to determine destruction efficiency
must be reflected in a revision to this
report to be submitted to EPA within
60 days of the change.
(k) Persons who purchase or receive
and subsequently destroy controlled
§82,13
class I substances that were originally
produced without expending allowances
shall provide the producer or importer
from whom they purchased or received
the controlled substances with a ver-
ification that controlled substances
will be used in processes that result in
their destruction.
(1) The destruction verification shall
include the following:
(i) Identity and address of the person
intending to destroy controlled sub-
stances;
(ii) Indication of whether those con-
trolled substances will be completely
destroyed, as defined in §82.3 of this
rule, or less than completely destroyed,
in which case the destruction effi-
ciency at which such substances will be
destroyed must be included:
(iii) Period of time over which the
person intends to destroy controlled
substances: and
(iv) Signature of the verifying per-
son.
(2) If. at any time, any aspects of this
verification change, the person must
submit a revised verification reflecting
such changes to the producer from
whom that person purchases controlled
substances intended for destruction.
(1) Persons who purchase class I con-
trolled substances and who subse-
quently transform such controlled sub-
stances shall provide the producer or
importer with the IRS certification
that the controlled substances are to
be used in processes resulting in their
transformation.
(m) Any person who transforms or
destroys class I controlled substances
who has submitted an IRS certificate
of intent to transform or a destruction
verification (as under §82.13(k)) to the
producer of th« controlled substance,
must report the names and quantities
of class I controlled substances trans-
formed and destroyed for each control
period within 45 days of the end of such
control period.
(n) Every person who produces, im-
ports, or exports class II chemicals
must report its quarterly level of pro-
duction, imports, and exports of these
chemicals within 45 days of the end of
each quarter (including those sub-
stances transformed or destroyed).
369
-------
PL 82, SubpL A, App. A
40 CFR Ch, I (7-1-97 Edition)
(o) Every person who imports or ex-
ports used class II controlled sub-
stances must report its annual level
within 45 days of the end of the control
period.
(p) Persons who import or export
used controlled substances (including
recycled or reclaimed) must label their
bill of lading or invoice indicating that
the controlled substance is used, recy-
cled or reclaimed.
(q) Persons who import heels of con-
trolled substances must label their bill
of lading or invoice indicating that the
controlled substance in the container
is a heel.
(r) Every person who brings back a
container with a heel to the United
States, as defined in §82.3, must report
quarterly the amount brought into the
United States certifying that the resid-
ual amount in each shipment is less
than 10 percent of the volume of the
container and will either:
(1) Remain in the container and be
included in a future shipment:
(2) Be recovered and transformed;
(3) Be recovered and destroyed; or
(4) Be recovered for a non-emissive
use.
(s) Every person who brings a con-
tainer with a heel into the United
States must report on the final disposi-
tion of each shipment within 45 days of
the end of the control period.
(t) Every person who transships a
controlled substance must maintain
records that indicate that the con-
trolled substance shipment originated
in a foreign country destined for an-
other foreign country, and does not
enter interstate commerce with the
United States.
(u) Any person allocated essential-
use allowances who submits an order to
a producer or importer for a controlled
substance must report the quarterly
quantity received from each producer
or importer. Any distributor of labora-
tory supplies receiving controlled sub-
stances under the global laboratory es-
sential-use exemption for sale to lab-
oratory customers must report quar-
terly the quantity received of each Con-
trolled substance from each producer
or importer.
(v) Any distributor of laboratory sup-
plies who purchased controlled sub-
stances under the global laboratory es-
sential-use exemption must submit
quarterly copies of certifications re-
ceived in that quarter from laboratory
customers, as under §82.13(w), and the
quantity of each controlled substance
purchased by each laboratory customer
whose certification was previously
filed.
(w) A laboratory customer purchas-
ing a controlled substance under the
global laboratory essential-use exemp-
tion must provide the producer, im-
porter or distributor with a one-time-
per-year certification for each con-
trolled substance that the substance
will only be used for laboratory appli-
cations and not be resold or used in
manufacturing. The certification must
also include:
(1) The identity and address of the
laboratory customer;
(2) The name and phone number of a
contact person for the laboratory cus-
tomer:
(3) The name and quantity of each
controlled substance purchased, and
the estimated percent of the controlled
substance that will be used for each
listed type of laboratory application.
(SO FR 24986 May 10. 1995, as amended at Si
FR 3318. Jan. 31. 199S; SI FR Z94SS. Jyne II.
;S96|
EFFECTIVE DATE NOTE: At 61 FR 33U, Jan.
31. 1996. 582.13 was amended by staying para-
graph (g)(2){viti). effective Jan, 31, 1996
through Apr. 30. 1996. At 61 FR 29486, June 11,
1996. the stay was extended, effective July 11.
1996.
APPENDEX A TO SUBPART A—CLASS I
CONTROLLED SUBSTANCES
Oas t
OOP
A. Group I:
(CFC-«)
CiF«Clj-D(ehl(«oi«ii»(luofoem«n«(CFC-114) ..
C,F,CI-MonocMoroperiuifluoro«tnano (CFC-
1 1 5) .._... ____ ........ __________ , _______________________
AJI isanwn of ttw above cfwmc-U
B Group II:
CFiCiSr.&nmxTKmeOuor^mfVitn* (Huov
1211} _______
AH aom»n 01 if* «eov« cn
C. Grouc HI:
»»«._» (CPC-13)
CiFjCMCFC-HZ)
CiFCMCFC-21 1 ) ________
C,FTCU-(CFC-2t2) . ____
1.0
1.0
08
1.0
0.6
3.0
10.0
60
t.o
1.0
1.0
1.0
1.0
1.0
370
-------
Environmental Protection Agency
PL 82, Sybpt A, App. C
CUM 1 I
All luftTtt'^ of tfM abow rhtiniriili
D. Qnxio IV: CQ.-C*tton TMncMoncW .
EGwupV:
CtHiQrl.l.t TffcMORMMfW (Moffryl (MWO-
A» taoman 0( 8w above ctiwnca) «coot 1,15-
F. Grew VI: CH,8f—8iwnom*n«n« (IMttyl
G. Smup Vfl:
CHFBR,
CHFsflf JH8R>2201i
CHiFBr
C,H.F8
OOP
s.§
1.0
1.0
1,0
0.1
0.7
1.00
0.74
0.73
0.3-0.8
(L5-1J
0,4-1 .6
07-1 J!
0.1-1.1
0.7-1, e
0.1-1.7
0,07-Q.t
0.3-15
05-1.9
0.3-1.8
O.S-2J
09-20
0.7-3J
0.1-1.f
05-2.1
05-5.6
0.3-73
0,9-14
008-19
0.1-3.1
0.1-2J
0.3-4.4
0.03-0,3
0,1-1.0
0,07-0,8
0.04-0.4
0,07-OJ
o.oa-o.7
APPEKDDC B TO SUBPAJIT A—CLASS II
COKTROLLED SUBSTANCES
CMFOrOKMoroRuonrnMnuM (HCFC-J1).
CHFjCI-ChlorotHnuorwTMIlwi. (HCFC-22)
CH^OCMoraftioiBiiiMhm (NeFC-31) _
C,H,FdHHCFC-131)
C»HCKa.-(HCFC-221)
C.HF.CHHCFC-22S),
OOP
[ftetervtd).
0,05
0.02
0.02
P«MBV«n.
ptatnvM).
0.12
0.06
OOP
Al mmen at me tooiw er
(R«»rved).
JRe»rved).
(ftonrMd).
A«»END1X C TO Sl«PART A—PARTIES TO THE
MONTREAL PROTOCOL: ANNEX 1—ALL PARTIES—Continued
Foreign stilt
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Brazi „ ... _. ..
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Butgana ..„ ., .„„
Bw1#i« Fftso .„.
Caj5*****"* , ,™,,,,,,u,,(w1,, i,™,,,.,,.
Cwtnl Alncmn fteouowc ...- ..
Chad
Ch»» ..
China ...
Cffmwc*
Com We» _..
Coi» ivwrn _
Cn>afta
C.rt« .
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f}mmw* ,
Dornna „ „.
Oomnlemn H«xjOdc
e«iTf™ „,. ,„ „. , ,„
Syfft .... _.., . .. ,_
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Ff-x" , ,
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Pt. 82, Subpt A, App. D
APPENDIX C TO SUBPART A—PARTIES TO THE
MONTREAL PROTOCOL; ANNEX 1—ALL PAR-
TIES—Continued
40 CFR Ch. I (7-1-97 Edition)
APPENDIX C TO SUBPART A—PARTIES TO THE
MONTREAL PROTOCOL: ANNEX 1—ALL PAR-
TIES—Continued
For»f7n stale
Ghana
Groeoi .,«.,«,™.~~™.«...*^~™— ..
GreivftdA ...._... ._......... „ _.».,«**..— ~~.i.
Guatemala ,„,.«„«,*+*»+ w««.~ ™«-
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lnOOnOCl8 Biiindin-rin-ntTT r-r — " -•
Iran , „,.,,„,,-,--
Iretand ...m.,»,™™._-_,_ „.,.,.,
iS^aai w™. ,_. .-^i .u»i.^i:iri.7:i:
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Joftfan — n>MMMWMWWW — ....
Kenya .„ . ^™,«*,,w«.™,.
KiH0ati
Korea, Democratic Peopte s Rfr-
puOtic of
Kuwait „.. ™ «.„,,«.
Lfisotho ^..u... , „,„„,..
U&ya , ."«. .....
Uechtens^ein „_
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Macadoraa
Malawi ...,„,„„«.„„„ ..„„.....„.„...»„
Malaysia
Makfeves ..„..._...... „
Mali .„ .„ ww.«« wt«w«^», wwwtw«..
Malta
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Mauritius .,. «.«.«**. ™™™.-
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Nigeria „,„.„, „„
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Papua N*w Gutnaa «„**«—****«,*.*»*
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Environmental Protection Agency Pt 82, Subpt A, App. D
identify products Imported and exported to be used as a starting point: further
and from the U.S. This system relies on a verfication is needed to ascertain whether or
four digit heading, a four digit subheading not the products actually contain controlled
and additional cwo digit statistical suffix to substances.
characterize products. The United States
uses the suffix for its own statistical records CATEGORY i. AUTOMOBILE AND TRUCK AIR
and analyses. This Appendix lists only head- CONDmQNtNG UNITS (WHETHER INCQR-
ings and subheadings. PORATED IN VEHICLES OR NOT)
While some can be readily associated with
harmonized system codes, many products There are no separate code numbers for air
cannot be tied to HS classifications unless conditioning units specially used in auto-
their exact composition and the presentation mobiles and trucks. Although a code has
are known. It should be noted that the speei- been proposed for car air conditioners, it is
Bed HS classifications represent the most not yet officially listed in the Harmonized
likely headings and subheadings which may Tariff Schedule (see category 2) . The follow-
contain substances controlled by the MOD- ing codes apply to the vehicles potentially
treal Protocol. The codes given should only containing air conditioning units.
Hi-adlng/Subhtadtng Article Description
S7QU10. 20, 30, 90)'" ........ .......... Tractors.
S702 ................ . ........................... Public- transport type passenger motor vehicles.
8712.10 .................. . ...................... With compression-ignition internai-comfaustion piston en-
gine (dlesei or semi-dieseli.
8702.90 .. ..... ... ............................... Other.
1703 ........... . ................................ Motor cars and other motor vehicles principally designed
for the transport of persons (other than those of heading
8702). including station wagons and racing cars.
8703.10 ........................................ Vehicles specially designed for traveling on snow: golf
carts and similar vehicles; includes subheading 10.10 and
10.50.
1701. (21. 22. 23, 24) ....................... Other vehicles, with spark-ignition internal combustion
reciprocating engines.
I7Q3.C3L 32. 33. 90) ......... ....... . ...... Other vehicles, with compression-ignition Internal com-
bustion piston engine tdiesel or semi-diesel*
8704 ............................... .... ......... Motor vehicles for the transport of goods.
8704.10.00. SO) ................. . ........... Dumpers designed for off-highway use.
8704. (21. 22. 23} ............................ Other, with compression-ignition internal combustion pis-
ton engine (diesel or semt-dlesel).
8704. (31. 32. 90) ............................ Other, with compression-ignition internal combustion pis-
ton engine.
8735 ...................................... ...... Special purpose motor vehicles, other than those prin-
cipally designed for the transport of persons or goods (for
example, wreckers, mobile cranes, fire fighting vehicles.
concrete mixers, road sweepers, spraying vehicles, mo-
bile workshops, mobile radiological units] .
8705.10 ................ . ....................... Crane lorries.
1705.20 ........................................ Mobile drilling derricks.
8705.30 ........................................ Fire fighting vehicles.
8705.90 ........................................ Other.
•"Ac this time vehicle air conditioning units are considered components of vehicles or are
classified under the general category for air conditioning and refrigeration equipment. Vehi-
cles containing air conditioners are therefore considered products containing controlled sub-
stances.
CATEGORY 2. DOMESTIC AMD COMMERCIAL REFRIGERATION
EQUU**«NT
Domestic ana oommtraal air conditioning ana rafitgwmton equipment tall Dnmarfy unMr heattngi 8415 and Mi 8.
Heading/Subheading ArOc/e Description
8415 , ................... . ................ ....... Air conditioning machines, comprising a motor-drive*! fan
and elements for changing the temperature and humid-
ity. including chose machines in which the humidity
cannot be separately regulated.
373
-------
Pt. 82, Subpt A, App, D 40 CFR Ch. J (7-1-97 Edition)
Heading/Subheading Article Description
8415,20 Proposed code for air conditioning of a kind used for per-
sons, in motor vehicles.
8415.10.00 A/C window or wall types, self-contained.
8415.81.00 Other, except parts, incorporating a refrigerating unit and
a valve for reversal of the cooling/heat cycle.
8415.82.00 Other, incorporating a refrigerating unit—
Self-contained machines and remote condenser type
air conditioners (not for year-round use).
Year-round units (for heating and cooling).
Air Conditioning evaporator coils.
Dehumidiflers.
Other air conditioning machines incorporating a re-
frigerating unit.
8415.83 Automotive air conditioners.
8418 Refrigerators, freezers and other refrigerating or freezing
equipment, electric or other: heat pumps, other than air
conditioning machines of heading 8415: parts thereof.
8418.10.00 Combined refrigerator-freezers, fitted with separate exter-
nal doors.
8418.21.00 Refrigerators, household type. Compression type.
8418.22.00 Absorption type, electrical.
8418.29.00 Other.
8418.30.00 Freezers of the chest type.
8418.40 Freezers of the upright type.
8418.50.0040 Other refrigerating or freezing chests, cabinets, display
counters, showcases and similar refrigerating or freezing
furniture.
8418.6J.00 Other refrigerating or freezing equipment: heat pumps.
8418.69 Other—
Icemaklng machines.
Drinking water coolers, self-contained.
Soda fountain and beer dispensing equipment.
Centrifugal liquid chilling refrigerating units.
Absorption liquid chilling units.
Reciprocating liquid chilling units.
Other refrigerating or freezing equipment (household
or other).
8479.89.10 Dehumidlfiers (other than those under 8415 or 8424 classi-
fied as "machines and mechanical appliances having in-
dividual functions, not specified or included elsewhere").
CATEGORY 3. AEROSOL PRODUCTS
An array of different products use con-
trolled substances as aerosols and in aerosol preparations for oral and dental hygiene
applications. Not all aerosol applications use
controlled substances, however. The codes
given below represent the most likely classi-
fications for products containing controlled
substances. The product codes listed In-
clude"*":
'Other categories of products that may
varnishes
perfumes
preparations for use on hair
contain controlled substances are Usted infectants
below. EPA Is currently working to match " arms "^
them with appropriate codes. They include:
shaving preparations
personal deodorants, bath preparations
prepared room deodorizers
soaps
lubricants
polishes and creams
explosives
insecticides, fungicides, herbicides, dis-
coatings and electronic equipment (e.g...*lec- removers, brake cleaners, safety sprays (e.g.,
trical motors), coatings or cleaning fluids for mace cans), animal repellant. noise horns
aircraft maintenance, mold release agents (e.g.. for use on boats), weld inspection devel-
(e.g. for production of plastic or elastomertc opers, freeiants. gum removers, intruder
materials), water and oil repellant (poten- alarms, tire inflators. dusters (for electronic
dally under HS 3402). spray undercoats (po- and non-electronic applications), spray shoe
centially under "paints and varnishes"), spot polish, and suede protectors.
374
-------
Environmental Protection Agency PL 82, Subpt A, App. D
• household products such as footwear or • other miscellaneous produces
leather polishes
Heading,rSubheadlng Article Description
320S Paints and varnishes"*** (including enamels and lac-
quers) based on synthetic polymers of chemically modi-
fled natural polymers, dispersed or dissolved tn a non-
aqueous medium.
3208.10 Based on polyesters.
320B.20 Based on acrylic or vinyl polymers.
320S.90 Other.
3201 Paints and varnishes {including enamels and lacquers)
based on synthetic polymers or chemically modified nat-
ural polymers, dispersed or dissolved in an aqueous me-
dium,
3203.10 Based on acrylic or vtnyi polymers.
320i.90 Other.
3210.00 Other paints and varnishes (Including enamels, lacquers
and distempers) and prepared water pigments of a kind
used for finishing leather.
3212.90 Dyes and other coloring matter put up in forms or
packings for retail sale.
3303.00 Perfumes and toilet waters.
3304.30 , Manicure or pedicure preparations.
3305.10 Shampoos.
3305.20 Preparations for permanent waving or straightening.
3385.39 Hair lacquers.
33QS.SW Other hair preparations.
3306.10 Dentriftces,
3306.90 Other dental (this may include breath sprays).
3301.10 Pre-shave. shaving or after-shave preparations.
3307.20 Personal deodorants and antiperspirants.
3307.30 Perfumed bath salts and other bath preparations.
3307.49 Other (this may include preparations for perfuming or de-
odorizing rooms. Including odoriferous preparations used
during religious rites, whether or not perfumed or having
disinfectant properties).
3307.90 Other (this may include depilatory products and other per-
fumery, cosmetic or toilet preparations, not elsewhere
specified or Included)
3403 Lubricating preparations (including cutting-oil prepara-
tions, bolt or nut release preparations, anti-rust or anti-
corrosion preparations and mould release preparations.
based on lubricants}, and preparations of a kind used for
the oil or grease treatment of textile materials, leather.
fur skins or other materials, but excluding preparations
containing, as basic constituents. TO percent or more by
weight of petroleum oils or of oils obtained from bitu-
minous minerals.
3402 Organic surface-active agents (other than soap): surface-
active preparations, washing preparations and cleaning
operations, whether or not containing soap, other than
those of 3401.
3402.20 Preparations put up for retail sale.
1402.19 Other preparations containing petroleum oils or oils ob-
tained from bituminous minerals.
3403 Lubricating preparations consisting of mixtures contain-
ing sillcone greases or oils, as the case may be.
2710.00 Preparations not elsewhere specified or included, contain-
ing-by weight 70 percent or more of petroleum oils or of
oils obtained from bituminous minerals, these oils being
the basic constituents of the preparations.
3403.11 Lubricants containing petroleum oils or oils obtained from
bituminous minerals used for preparations from the
treatment of textile materials, leather, fur skins or
other materials.
375
-------
PL 82, Subpt A, App. D 40 CFR Ch. I (7-1-S1 Edition)
Hcading,'SLibhfBding ArtKtt DexripUon
3*03,19 , Other preparations containing petroleum oils or oils ob-
tained from bituminous minerals.
3405 , Polishes and creams, for footwear, furniture, floors.
coaciiwork. glass or metal, scouring pastes and powders
and similar preparations excluding waxes of heading
3404,
J40S jo - Polishes and creams for footwear or leather.
3405.20 Polishes for wooden furniture, floors or other woodwork,
3S Explosives.
MOi , Insecticides, rodentleldes, fungicides, herbicides, anci-
sprouUng products and plant-growth regulators, dis-
infectants and similar products, puc up in forms or
packings for retail sate or as preparations or articles (for
example, sulphur created bands, wicks and candles, and
fly papers).
3S88JO Insecticides.
3WM.20 Fungicides.
3g§g.3Q Herbicides, antl-sproutlng products and plant growth regu-
lators.
3808 40 Disinfectants.
3808.90 Other Insecticides, fungicides.
3809 10 Finishing agents, dye carriers to accelerate the dyeing or
fixing of dye-stuffs and other products and preparations
(for example, dressings and mordants! of a kind used in
the textile, paper, leather or like industries, not else-
where specified or Included, with a basis of amylaceous
substances.
3814 Organic composite solvents and thinners (not elsewhere
specified or Included) and the prepared paint or varnish
removers.
3910 Silicones in primary forms.
i3Q4 Other arms (for example, spring, air or gas guns and pis-
tols, truncheons), excluding those of heading No. 93.07.
Thus, aerosol spray cans containing tear gas may be
classified under this subheading.
0404.30 Products consisting of natural milk constituents, whether
or not containing added sugar or other sweetening mat-
ter, not elsewhere specified or included.
1517.90 , Edible mixtures or preparations of animal or vegetable
fats or oils or of fractions of different fats or oils of this
chapter, other than edible fats or oils or their fractions
of heading No. 15.16.
2106.90 Food preparations not elsewhere specified or Included.
"•"Although paints do not generally use contain controlled substances, some varnishes
use CFC 113 and M.l.Lrichlorethane as solvents.
CATEGORY 4. PORTABLE FIRE EXTINGUISHERS
Heading/Subheading Article Description
8424 Mechanical appliances (whether or not hand operated) for
projecting, dispersing, or spraying liquids or powders:
fire extinguishers whether or not charged, spray guns
and similar appliances: steam or sand blasting machines
and similar jet projecting machines,
1424.10 Fire extinguishers, whether or not charged.
CATEGORY s. INSULATTOW BOAROS. PANELS AND PIPE COVERS
Thaw 9000* Mw 10 M cmvft«n •cconavtg n 9*r ccmpcweon «nd pHwonon, Far titmM. t em MRMon m»t»nau
•r* mad* o» poiyuMwn, patyayrana. pofyoMfin *M pfwooee pmtcs, Im *wy ami M ca«i»ift«Q ChaMw 39, tor -PIMOCS
OM Mnor. Th« OKI oaicuauri M vie praouea n kstw K n*cn«ry MM • cttnAcMoi an
*"~~Th!s category may include insulating
board for building panels and windows and
376
-------
Environmental Protection Agency
Pt 82, Subpt A, App. F
Hsadmg/'Subhfacting
Article Description
3917.21 to 3917,39 Tubes, pipes and hoses of plastics.
3920.10 to 3820.99 Plates, sheets, film, foil and strip made of plastics, non-
cellular and not reinforced, laminated, supported or
similarly combined with other materials.
3921.11 to 3921.90 Other plates, sheets, film, foil and strip, made of plastics.
382S.90 Builders' ware made of plastics, not elsewhere specified or
Included.
3S26.90 Articles made of plastics, not elsewhere specified or In-
cluded.
CATEGORY 6. PRE-POLYMERS
Aceorttns to the Exjtfanaiory Notes to the Harmonoad Commodity Descriptor) ana Going System, -prepotymen »re products
wtich are cfmnuaeruoo by tome repetition of monomer units although they may contain unrmtted monomers. Prepoiymere
are noi non-natty used as weft out an Mended to be trenctormed Mo higher molecular weight polymers by further polymeriza-
tion. Therefore the term does not cover finished praduaa. such *s dt-isobutytenes or mixed poryeftyienB glycoli with very low
molecular weight. Example* are eponaes based wift epichloronyam, and polymeric tsocyanatea."
Heading/Subheading
Article Description
3901
3902
Pre-polymers based on ethylene (in primary forms).
Pre-polymers based on propylene or other oleflns (in pri-
mary forms}.
3903, 3907, 3909 Pre-polymers based on styrene (in primary forms), epoxide
and phenols.
APPENDIX E TO SUBPART A-ARTICLE 5
PARTIES
Algeria, Antigua and Barbuda. Argentina.
Bahamas, Bahrain, Bangladesh, Barbados.
Benin. Bolivia, Bosnia and Hersegovina, Bot-
swana. Brazil, Brunei Darussalam. Burkina
Faso, Cameroon. Central African Republic.
Chad. Chile. China. Colombia. Comoros.
Congo, Costa Rica. Cote d'lvoire. Croatia.
Cuba. Dominica. Dominican Republic, Ecua-
dor. Egypt, El Salvador, Ethiopia. Fiji.
Gabon. Gambia. Ghana. Grenada, Guate-
mala. Guinea, Guyana, Honduras, India, In-
donesia, Iran, Jamaica, Jordan, Kenya,
Kiribati. Lebanon. Lesotho. Libyan Arab
Jamahiriya, Macedonia, Malawi, Malaysia.
Maldives. Mall, Malta. Mauritania, Mauri-
tius. Mexico. Mozambique, Myranmar, Na-
mibia. Nepal, Nicaragua, Niger. Nigeria,
Pakistan, Panama. Papua New Guinea, Para-
guay. Peru, Philippines. Republic of Korea.
Romania. Saint Kitts and Nevis. Saint
Lucia. Saudi Arabia, Senegal. Seychelles.
Singapore. Solomon Islands. Somoa. Sri
Lanka, Sudan, Swaziland. Syrian Arab Re-
public. Tanzania, Thailand, Togo. Trinidad
and Tobago. Tunisia, Turkey, Uganda. Uru-
guay, Vanuatu. Venezuela. Viet Nam, Yugo-
slavia. Zaire, Zambia. Zimbabwe.
Appendix F to Subpart A—Listing of Ozone-Depleting Chemicals
Connoted substance
A. Class I:
1 . Group 1:
CFa,-Triehlon>Bu«om«hane(CFC-ii)
CFiClrDienlorodMuoratnettiane (CFG-12)
C,FjClrTrtohlon»trt«h»roe«iane (CFC-113)
Ci^Oj-OicMortMetmflyoroelhBne (CFC-114)
C,F,Cl-MoooctikMW»ntaftuoroaltiBn8 (CFC-115) „
All «/vrj.n. ol tha (ban rtvwrwM.W ,,,.,,,,.,,
2. Qrouo II:
CFiQB •-BrwmxJtorodmuoromflthane (Haioo-l 211)
CF,Br-Bromotnnuomma!tiane (Halorv1301) _
C,F.SrrOi&romot8traf1u>roet)wie (HeJon-2402) —
OOP
1.0
1.0
0.8
1.0
0.6
3.0
10.0
6.0
ATL
60-0
120.0
90.0
J 00.00
400.0
(R»*
12
-IB
72
-107
23
CLP
1.0
1.5
1.11
1.B
2.0
irved]
0.06
-.08
0.00
0.00
SIP
0.00
0.00
0.00
o.oo
o.oo
0.13
-,03
1.00
0.30
doors. It also includes rigid appliance insula-
tion for pipes, tanks, trucks, trailers, con-
tainers, train cars & ships, refrigerators.
freezers, beverage vending machines, bulk
beverage dispensers, water coolers and heat-
ers and Ice machines.
377
-------
PL 82, SubpL A, App. F
40 CFR Ch. I (7-1-87 Edition)
ConntM*d tuMttm
3-G.TXJpili'
'"iFiQj- SCFC 111)
C,FO- (CFC-SH) . -
cV^ cF«i»
CFO, CF«1*>
C)F»CU -(CFC~2t5) ^™™*™.™™-™.~
CjF*Cb- (CFC-21 6) ».««« ..«.« « .....,..»,_„..
CiF^CI- (CFC-2t7) . *.*.
4. Qnuo IV
£. SrouoV:
CtHiOrl.I.l Tncnxxo«m«ne (Meowf crtorWomi
Al tootnwt o( flw «oo« cncmcal •xe*e< 1JJ2-
OOP
t.o
-250
«
-90
1.0
-80
1.0
-500
1.0
-500
1.0
-500
t.o
-500
1.0
-500
1.0
-500
1.0
-500
1.1
0.1
ATI
-28
PW
120
-1.83
SO
-US
80
-1J5
100
-881
too
-T.9S
100
-7.06
100
-6.01
100
-482
100
-3.45
100
-1.87
(Rn.
50.0
6.3
CtF
srvetf]
CM
1.04
0.90
1.7S
I SO
1.41
1.20
0.96
0.69
0.37
Hvaeq
1.0
O.J1
BLF
-.37
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
• 0.00
BKUkXQMIWW
f. Giauo VI:
(H8FC-22S1)
C,H,FBf,
CiHFBr,
C,H.F,Br ._
CjHiFiBr ...
CjHuFB _._« _„.„_
B. dan II:
CHFOrOfcNoK>liuoCNoit)fluOfor»lMn» (HCFC-31)
CiHFOr (MO=C-121J ,
0.7
1.00
0.74
0.73
0.3—0.8
05—1.8
0.4—1.6
0.7—1.2
0.1—1.1
0^—1.5
0.7—1.6
0.1—1.7
0.2—1.1
0.07—0.1
0.3—1J
02—1.9
OJ—1.8
OJ—22
OJ— 3J
0.1—1.9
O2— 2.1
OJ— 7.5
OJ— 1 -4
0-08— U
at— 3.1
at— u
OJ}— 4.4
0.03— OJ
0.1— J.O
0.07—0.8
0.04—0.4
0.07—0.8
0.02-0.7
[Ftoswvtd]
O.OS
O.CE
p»»r»d]
JReMrvw]
2.1
1SJ
t.44
OJ
1.4
16
IReterved]
[Rsswveo)
(Reserved]
[Rnwvwf]
[ReservKi]
[Reservefl]
[Reserveaj
[Reserved]
(Resarwd]
(R«erv«]
[Resefved]
(Reserved]
[Reserved]
[Reserved]
0.03
0.14
0.02
0.01
0.02
0.016
0.00
0.00
0.00
0.00
0.00
0.00
378
-------
Environmental Protection Agency
PL 82. Subpt A, App. H
OOP
ATI
CLP
BLP
C,HF4G- (HCFC-124)
0.02
0.12
0.06
8.8
4,0
4,2
48
mi
0.04
0.08
O.OS
O.S3
0.10
0.14
-1.7
9,1
0.01
0-04
C,H,FsCl- (HCFC-235) _
C,H,FO«-{HCFC-241)..
CiH,F,ai- (HCFC-242)
CiH,F,Or (HCFC-243)
CiK.FCI,- (HCFC-2S1) 1
(RnewBd]
[RMwmd]
(Rnwvcd)
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
c.oo
0.00
0.00
0.00
0,00
0.00
0.00
0.00
o.oo
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
APPENDIX G TO SUBPART A—LfNEP REC-
OMMENDATIONS FOR CONDITIONS AP-
PLIED TO EXEMPTION FOR LABORATORY
AND ANALYTICAL USES
1. Laboratory purposes are identified at
this time to include equipment calibration;
use as extraction solvents, diluents, or car-
riers for chemical analysis; biochemical re-
search; inert solvents for chemical reactions.
as a carrier or laboratory chemical and other
critical analytical and laboratory purposes.
Production for laboratory and analytical
purposes is authorized provided that these
laboratory and analytical chemicals shall
contain only controlled substances manufac-
tured to the following purities;
CTC (reagent grade) 9t.S
1.1.1- crichloroethane tt.O
CFC-II ...,.„ 9S.S
CFC-13 MJ
CFC-12 ., 99.S
CFC-113 99.5
CFC-114 99.S
Other w/ Boiling P>20* G9I.5
Other wl Boiling P<20* C98.0
2. These pure, controlled substances can be
subsequently mixed by manufacturers,
agents or distributors with other chemicals
controlled or not controlled by the Montreal
Protocol as is customary for laboratory and
analytical uses.
3. These high purity substances and mix-
ture* containing controlled substances shall
be supplied only in re-closable containers or
high pressure cylinders smaller than three
litres or in 10 millilltre or smaller gl«s* am-
poules, marked clearly as substances that
deplete the ozone layer, restricted to labora-
tory use and analytical purposes and specify-
ing that used or surplus substances should be
collected and recycled, if practical. The ma-
terial should be destroyed if recycling is not
practical,
4. Parties shall annually report for each
controlled substance produced: the purity;
the quantity: the application, specific test
standard, or procedure requiring its uses;
and the status of efforts to eliminate its use
in each application. Parties shall also sub-
mit copies of published instructions, stand*
ards. specifications, and regulations requir-
ing the use of the controlled substance.
APPENDIX H TO SUBPART A—CLEAN Am
ACT AMENDMENTS OF 1990 PHASEOUT
SCHEDULE FOR PRODUCTION OF OZONE-
DEPLETINC SUBSTANCES
0«t«
1904 „...,,„.
1995 , ,
«99* , ,,..
I9t» „,,„,
IS98 _ _
1000
Cartxxi
IMA-
chtonde
(p»ram)
70
15
15
15
15
15
Metfiyl
cttoro-
form (par-
wntl
85
70
SO
50
SO
50
ODw
tittl
tub-
tunon
(oorwnt)
65
50
40
15
15
15
379
-------
Pi 82, SubpL A, App. 1
40 CFR Ch. I (7-1-S7 Edition)
Da*
Caoxxi
eMore-
Jansi loer-
ceno
2000 ,
OBW
0*1*
(txnenn
2001 ___
torn igte-
cent!
Appendix I to Subpait A—Global Warning Potentials (mass basis), referenced to the Absolute
GWP tor me adopted carbon cycle model COi decay response and future COi atmospheric
concentrations held constant a: current levels, (Orty direct effects are considered,)
CFC-li
C^C-*3
CFC-113 _.
CFC-lfS ... ' _ . .
M-1SJ1
CAidori Tel ... . _ .. ~ ..
MCFC-"
MCPC-1<||b
HCFC—142S
HCFC-123 _.
HCFC-2Z5c» __
HCFC-KScC
CFOf
c^-o?
CC^i
CiF*a*
C^F D
CF.flr
ecu
CM|03*
CFjHO
CiFjHsCl
CjFiWSi
C}FjlHK!;S|
CiF*HCh
:3io&^ *»ros
20 f»an
5000
7900
Si 00
5000
SfOO
6200
360
4300
300
tTQO
tOOfMft
4000
6500
§300
S30
500v«a.TI
4^30
170
AUndM NMKXM Envtmmnam Programme (UNEP), F»bm«ry 199S, SewnWc AiMMnwm Approved refrigerant recycling
equipment means equipment certified
by the Administrator or an organiza-
tion approved under §82.38 as meeting
either one of the standards in §82.36.
Such equipment extracts and recycles
refrigerant or extracts refrigerant for
recycling on-site or reclamation off-
site.
(c) Motor vehicle as used in this sub-
part means any vehicle which is self-
propelled and designed for transporting
persons or property on a street or high-
way, including but not limited to pas-
senger cars, light duty vehicles, and
heavy duty vehicles. This definition
does not include a vehicle where final
assembly of the vehicle has not been
completed by the original equipment
manufacturer.
(d) Motor vehicle air conditioners
means mechanical vapor compression
refrigeration equipment used to cool
the driver's or passenger's compart-
ment of any motor vehicle. This defini-
tion is not intended to encompass the
380
-------
40 C.F.R. Part 82 Subpart B:
Servicing of Motor Vehicle Air Conditioners
-------
-------
Pt. 82, Subpt. A, App. 1
40 CFR Ch. I (7-1-97 Edition)
Date
Cartwn
MM-
CMono*
(p«BM)
Uemyi
cWon>
toim {per-
centl
Other
class
SllO-
stmces
(pereaM)
D*M
Canon
2000 .
M«*nyt
cworo-
om»
class
SUB-
2§|
Appendix I to Subpari A—Global Warming Potentials (mass basis), referenced to the Absolute
GWP (or the adopted carbon cycle model COj decay response and future COj atmospheric
concentrations held constant at current levels. (Only direct effects are considered.)
CFC-n _. _ _ __.__.
CFC-12
CFG- '3
CFC— 113 . .
CFC—114
CFC—115 ....
H-I301 _.
nr^fvss
Hf^rr— i4i|i
MCFC— 1*26
HCFC-124
MCFC-22Sca „ _ . ..
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13. "Ozone Deolennq Potenoais. Glooal Warming Pctcnhats and Future Chlonne/Bromine Loading." and do not mftect review ol
soentrftc documents published alter mat date.
161 FR 1285. Jan, 19. 19961
Subpart B—Servicing of Motor
Vehicle Air Conditioners
Source: 57 FR 31261. July 14. 1992. unless
otherwise noted.
§82 JO Purpose and scope.
(a) The purpose of these regulations
is to implement section 609 of the
Clean Air Act. as amended (Act) re-
garding the servicing of motor vehicle
air conditioners.
(b) These regulations apply to any
person performing service on a motor
vehicle for consideration when this
service involves the refrigerant in the
motor vehicle air conditioner.
§82.32 Definitions.
(a) Approved independent standards
testing organization means any organi-
zation which has applied for and re-
ceived approval from the Adminis-
trator pursuant to §82.38.
(b) Approved refrigerant recycJing
equipment means equipment certified
by the Administrator or an organiza-
tion approved under §82.38 as meeting
either one of the standards in §82.36.
Such equipment extracts and recycles
refrigerant or extracts refrigerant for
recycling on-site or reclamation off-
site.
(c) Motor vehicle as used in this sub-
part means any vehicle which is self-
propelled and designed for transporting
persons or property on a street or high-
way, including but not limited to pas-
senger cars, light duty vehicles, and
heavy duty vehicles. This definition
does not include a vehicle where final
assembly of the vehicle has not been
completed by the original equipment
manufacturer.
(d) Motor vehicle air conditioners
means mechanical vapor compression
refrigeration equipment used to cool
the driver's or passenger's compart-
ment of any motor vehicle. This defini-
tion is not intended to encompass the
380
-------
Environmental Protection Agency
§82.36
hermetically sealed refrigeration sys-
tems used on motor vehicles for refrig-
erated cargo and the air conditioning
systems on passenger buses using
HCFC-22 refrigerant.
(e)(l) Properly using means using
equipment in conformity with Rec-
ommended Service Procedures and
Recommended Practices for the Con-
tainment of R-12 (CFC-125 set forth in
appendix A or appendix B to this sub-
part, as applicable. In addition, this
term includes operating the equipment
in accordance with the manufacture s
guide to operation and maintenance
and using the equipment only for the
controlled substance for which the ma-
chine is designed. For equipment that
extracts and recycles refrigerant, prop-
erly using also means to recycle refrig-
erant before it is returned to a motor
vehicle air conditioner. For equipment
that only recovers refrigerant, properly
using includes the requirement to recy-
cle the refrigerant on-site or send the
refrigerant off-site for reclamation.
(2) Refrigerant from reclamation fa-
cilities that is used for the purpose of
recharging motor vehicle air condi-
tioners must be at or above the stand-
ard of purity developed by the Air-con-
ditioning and Refrigeration Institute
(ARI 700-93) (which is codified at 40
CFR part 82, subpart F, appendix A.
and is available at 4301 North Fairfax
Drive. Suite 425. Arlington, Virginia
22203). Refrigerant may be recycled off-
site only if the refrigerant is extracted
using recover only equipment, and is
subsequently recycled off-site by
equipment owned by the person that
owns both the recover only equipment
and owns or operates the establishment
at which the refrigerant was extracted.
In any event, approved equipment must
be used to extract refrigerant prior to
performing any service during which
discharge of refrigerant from the motor
vehicle air conditioner can reasonably
be expected. Intentionally venting or
disposing of refrigerant to the atmos-
phere is an improper use of equipment.
(f) Refrigerant means any class I or
class II substance used in a motor vehi-
cle air conditioner. Class I and class II
substances are listed in part 82. subpart
A. appendix A. Effective November 15.
1995. refrigerant shall also include any
substitute substance.
(g) Service for consideration means
being paid to perform service, whether
it is in cash, credit, goods, or services.
This includes all service except that
done for free.
(h) Service involving refrigerant means
any service during which discharge or
release of refrigerant from the motor
vehicle air conditioner to the atmos-
phere can reasonably be expected to
occur.
|57 FR 31261, July 14. 1992. as amended at 60
FR 31687. May 2. J99S)
§8Z.34 Prohibitions.
(a) Effective August 13. 1992. no per-
son repairing or servicing motor vehi-
cles for consideration may perform any
service on a motor vehicle air condi-
tioner involving the refrigerant for
such air conditioner
(1) Without properly using equipment
approved pursuant to §82.36; and
(2) Unless such person has been prop-
erly trained and certified by a techni-
cian certification program approved by
the Administrator pursuant to S 82.40.
The requirements of this paragraph do
not apply until January 1. 1993 for
small entities who certify to the Ad-
ministrator in accordance with
§82.42(a)(2).
(b) Effective November 15. 1992. no
person may sell or distribute, or offer
for sale or distribution, any class 1 or
class II substance that is suitable for
use as a refrigerant in motor vehicle
air-conditioner and that is in a con-
tainer which contains less than 20
pounds of such refrigerant to any per-
son unless that person is properly
trained and certified under §82.40 or in-
tended the containers for resale only.
and so certifies to the seller under
§82.42{b}(4).
(c) No technician training programs
may issue certificates unless the pro-
gram complies with all of the stand-
ards in §82.40(a).
§82.36 Approved refrigerant recycling
equipment.
(a)(l) Refrigerant recycling equip-
ment must be certified by the Adminis-
trator or an independent standards
testing organization approved by the
Administrator under §82.38 to meet the
following standard:
381
-------
§82.38
(2) Equipment that recovers and re-
cycles the refrigerant must meet the
standards set forth in appendix A to
this subpart (Recommended Service
Procedure for the Containment of R-12,
Extraction and Recycle Equipment for
Mobile Automotive Air-Conditioning
Systems, and Standard of Purity for
Use in Mobile Air-Conditioning Sys-
tems). Equipment that recovers refrig-
erant for recycling on-site or for rec-
lamation off-site must meet the stand-
ards set forth in appendix B to this
subpart (Recommended Service Proce-
dure for the Containment of R-12, Ex-
traction Equipment for Mobile Auto-
motive Air-Conditioning Systems).
(b) Refrigerant recycling equipment
purchased before September 4, 1991 that
recovers and recycles refrigerant, and
refrigerant recycling equipment pur-
chased before April 22, 1992 that recov-
ers refrigerant for recycling on-site or
reclamation off-site, that has not been
certified under paragraph (a) of this
section, shall be considered approved if
the equipment is substantially iden-
tical to equipment certified under
paragraph (a) of this section. Equip-
ment manufacturers or owners mav re-
quest a determination by the Adminis-
trator by submitting an application
and supporting documents that indi-
cate that the equipment is substan-
tially identical to approved equipment
to: MVACs Recycling Program Man-
ager. Stratospheric Protection Division
(6205J), U.S. Environmental Protection
Agency. 401 M Street. SW., Washing-
ton. DC 20460, Attn: Substantially Iden-
tical Equipment Review, Supporting
documents must include process flow
sheets, lists of components and any
other information that would indicate
that the equipment is capable of proc-
essing the refrigerant to the standards
in appendix A or appendix B to this
subpart, as applicable. Authorized rep-
resentatives of the Administrator may
inspect equipment for which approval
is being sought and request samples of
refrigerant that has been extracted
and/or recycled using the equipment.
Equipment that fails to meet appro-
priate standards will not be considered
approved.
(c) The Administrator will maintain
a list of approved equipment by manu-
facturer and model. Persons interested
40 CFR Ch. I (7-1-97 Edition)
in obtaining a copy of the list should
send written inquiries to the address in
paragraph (b) of this section.
(57 FR 31261. Julv 14, 1992. as amended at 60
FR 21687, May 2. 1995)
§82.38 Approved independent stand-
ards testing organizations.
(a) Any independent standards test-
ing organization may apply for ap-
proval by the Administrator to certify
equipment as meeting the standards in
appendix A and appendix B to this sub-
part, as applicable. This application
shall be sent to: MVACs Recycling Pro-
gram Manager, Stratospheric Protec-
tion Division (6205J), U.S. Environ-
mental Protection Agency, 401 M
Street. SW., Washington, DC 20460.
(b) Applications for approval must
document the following:
(1) That the organization has the ca-
pacity to accurately test whether re-
frigerant recycling equipment complies
with the applicable standards. In par-
ticular, applications must document:
(i) The equipment present at the or-
ganization that will be used for equip-
ment testing;
(ii) The expertise in equipment test-
ing and the technical experience of the
organization's personnel;
(iii) Thorough knowledge of the
standards as they appear in appendix A
and appendix B of this subpart, as ap-
plicable: and
(iv) The test procedures to be used to
test equipment for compliance with ap-
plicable standards, and why such test
procedures are appropriate for that
purpose.
(2) That the organization has no con-
flict of interest and will receive no fi-
nancial benefit based on the outcome
of certification testing; and
(3) That the organization agrees to
allow the Administrator access to ver-
ify the information contained in the
application.
(c) If approval is denied under this
section, the Administrator shall give
written notice to the organization set-
ting forth the basis for his or her deter-
mination.
(d) If at any time an approved inde-
pendent standards testing organization
is found to be conducting certification
tests for the purposes of this subpart in
382
-------
Environmental Protection Agency
§82.40
a manner not consistent with the rep-
resentations made in its application for
approval under this section, the Ad-
ministrator reserves the right to re-
voke approval,
1ST FR 31261. July 14, 1S92, as amended at 60
FR 21S87, May 2. SSSSi
§83.40 Technician training and certifi-
cation,
(a) Any technician training and cer-
tification program may apply for ap-
proval, in accordance with the provi-
sions of this paragraph, by submitting
to the Administrator at the address in
§82.38(a) verification that the program
meets all of the following standards:
(1) Training. Each program must pro-
vide adequate training, through one or
more of the following means: on-the-
job training, training through self-
study of instructional material, or on-
site training involving instructors, vid-
eos or a hands-on demonstration.
(2) Test subject material. The certifi-
cation tests must adequately and suffi-
ciently cover the following:
(i) The standards established for the
service and repair of motor vehicle air
conditioners as set forth in appendix A
and appendix B to this subpart. These
standards relate to the recommended
service procedures for the containment
of refrigerant, extraction equipment.
extraction and recycle equipment, and
the standard of purity for refrigerant
in motor vehicle air conditioners.
(ii) Anticipated future technological
developments, such as the introduction
of HFC-134a in new motor vehicle air
conditioners.
(iii) The environmental consequences
of refrigerant release and the adverse
effects of stratospheric ozone layer de-
pletion.
(iv) As of August 13, 1992. the require-
ments imposed by the Administrator
under section 609 of the Act.
(3) Test administration. Completed
tests must be graded by an entity or
individual who receives no benefit
based on the outcome of testing: a fee
may be charged for grading. Sufficient
measures must be taken at the test
site to ensure that tests are completed
honestly by each technician. Each test
must provide a means of verifying the
identification of the individual taking
the test. Programs are encouraged to
make provisions for non-English speak-
ing technicians by providing tests in
other languages or allowing the use of
a translator when taking the test. If a
translator is used, the certificate re-
ceived must indicate that translator
assistance was required.
(4) Proof of certification. Each certifi-
cation program must offer individual
proof of certification, such as a certifi-
cate, wallet-sized card, or display card.
upon successful completion of the test-
Each certification program must pro-
vide a unique number for each certified
technician.
(b) In deciding whether to approve an
application, the Administrator will
consider the extent to which the appli-
cant has documented that its program
meets the standards set forth in this
section. The Administrator reserves
the right to consider other factors
deemed relevant to ensure the effec-
tiveness of certification programs. The
Administrator may approve a program
which meets all of the standards in
paragraph (a) of this section except
test administration if the program,
when viewed as a whole, is at least as
effective as a program that does meet
all the standards. Such approval shall
be limited to training and certification
conducted before August 13. 1992. If ap-
proval is denied under this section, the
Administrator shall give written notice
to the program setting forth the basis
for his determination.
(c) Technical revisions. Directors of
approved certification programs must
conduct periodic reviews of test subject
material and update the material based
upon the latest technological develop-
ments in motor vehicle air conditioner
service and repair. A written summary
of the review and any changes made
must be submitted to the Adminis-
trator every two years.
(d) Recertjflcation. The Administrator
reserves the right to specify the need
for technician recertification at some
future date, if necessary.
(e) If at any time an approved pro-
gram is conducted in a manner not
consistent with the representations
made in the application for approval of
the program under this section, the Ad-
ministrator reserves the right to re-
voke approval.
383
-------
§82.42
40 Cm Ch. I (7-1-97 Edition)
(f) Authorized representatives of the
Administrator may require technicians
to demonstrate on the business entity's
premises their ability to perform prop-
er procedures for recovering and/or re-
cvcling refrigerant. Failure to dem-
onstrate or failure to properly use the
equipment may result in revocation of
the technician's certificate by the Ad-
ministrator. Technicians whose certifi-
cation is revoked must be recertified
before servicing or repairing any motor
vehicle air conditioners.
|5T FR 31261. July 14. 1992. as amended at 60
FR £1688. May Z. J99SJ
§ 82.42 Certification. recordkeeping
and public notification require-
ments.
(a) Certification requirements. (1) No
later than January 1, 1993, any person
repairing or servicing motor vehicle air
conditioners for consideration shall
certify to the Administrator that such
person has acquired, and is properly-
using, approved equipment and that
each individual authorized to use the
equipment is properly trained and cer-
tified. Certification shall take the form
of a statement signed by the owner of
the equipment or another responsible
officer and setting forth:
(i) The name of the purchaser of the
equipment:
(ii) The address of the establishment
where the equipment will be located:
and
(iii) The manufacturer name and
equipment model number, the date of
manufacture, and the serial number of
the equipment. The certification must
also include a statement that the
equipment will be properly used in
servicing motor vehicle air condi-
tioners, that each individual author-
ized by the purchaser to perform serv-
ice is properly trained and certified in
accordance with §82.40, and that the in-
formation given is true and correct.
The certification should be sent to:
MVACs Recycling Program Manager,
Stratospheric Protection Division.
(620SJ). U.S. Environmental Protection
Agency, 401 M Street. SW., Washing-
ton. DC 20460.
(2) The prohibitions in §82.34(a) shall
be effective as of January 1, 1993 for
persons repairing or servicing motor
vehicle air conditioners for consider-
ation at an entity which performed
service on fewer than 100 motor vehicle
air conditioners in calendar year 1990,
but only if such person so certifies to
the Administrator no later than Au-
gust 13. 1992. Persons must retain ade-
quate records to demonstrate that the
number of vehicles serviced was fewer
than 1WJ.
(3) Certificates of compliance are not
transferable. In the event of a change
of ownership of an entity which serv-
ices motor vehicle air conditioners for
consideration, the new owner of the en-
tity shall certify within thirty days of
the change of ownership pursuant to
§82.42(a)(l).
(b) Recordkeeping requirements. (1)
Any person who owns approved refrig-
erant recycling equipment certified
under §82.36{a)(2) must maintain
records of the name and address of any
facility to which refrigerant is sent.
(2) Any person who owns approved re-
frigerant recycling equipment must re-
tain records demonstrating that all
persons authorized to operate the
equipment are currently certified
under §82.40.
(3) Any person who sells or distrib-
utes any class I or class II substance
that is suitable for use as a refrigerant
in a motor vehicle air conditioner and
that is in a container of less than 20
pounds of such refrigerant must verify
that the purchaser is properly trained
and certified under §82.40. The seller
must have a reasonable basis for be-
lieving that the information presented
by the purchaser is accurate. The only
exception to these requirements is if
the purchaser is purchasing the small
containers for resale only. In this case.
the seller must obtain a written state-
ment from the purchaser that the con-
tainers are for resale only and indicate
the purchasers name and business ad-
dress. Records required under this
paragraph must be retained for a pe-
riod of three years,
(4) All records required to be main-
tained pursuant to this section must be
kept for a minimum of three years un-
less otherwise indicated. Entities
which service motor vehicle air condi-
tioners for consideration must keep
these records on-site.
384
-------
Environmental Protection Agency
Pt. 82, Subpt. B, App. A
(5) All entities which service motor
vehicle air conditioners for consider-
ation must allow an authorized rep-
resentative of the Administrator entry
onto their premises (upon presentation
of his or her credentials) and give the
authorized representative access to all
records required to be maintained pur-
suant to this section.
(c) Public notification. Any person who
conducts any retail sales of a class I or
class II substance that is suitable for
use as a refrigerant in a motor vehicle
a»r conditioner, and that is in a con-
tainer of less than 20 pounds of refrig-
erant, must prominently display a sign
where sales of such containers occur
which states:
"It is a violation of federal law to sell con-
tainers of Class I and Class II refrigerant of
less than 20 pounds of such refrigerant to
anyone who is not properly trained and cer-
tified to operate approved refrigerant recy-
cling equipment. "
[57 FR 31261. July H, 1992. as amended at 60
FR 21688. May 2, 1995]
APPENDIX A TO PART 82 SUBPART B—
STANDARD FOR RECYCLE/RECOVER
EQUIPMENT
STANDARD OF PURITY FOR USE IN MOBILE AIR-
CONDITIONING SYSTEMS
Foreword
Due to the CFC's damaging effect on the
ozone layer, recycle of CFC-12 (R-12) used in
mobile air-conditioning systems is required
to reduce system venting during normal
service operations. Establishing recycle
specifications for R-12 will assure thac sys-
tem operation with recycled R-12 will pro-
vide the same level of performance as new
refrigerant.
Extensive field testing with the EPA and
the auto industry indicate that reuse of R-12
removed from mobile air-conditioning sys-
tems can be considered, if the refrigerant is
cleaned co a specific standard. The purpose
of this standard is to establish the specific
minimum levels of R-12 purity required for
recycled R-12 removed from mobile auto-
motive air-conditioning systems.
/. Scope
This information applies to refrigefant
used co service automobiles, light trucks.
and other vehicles with similar CFC-12 sys-
tems. Systems used on mobile vehicles for
refrigerated cargo that have hermetically
sealed, rigid pipe are not covered in this doc-
ument.
2. References
SAE J19SD. Recommended Service Procedure
for the Containment of R-12
SAE J1990. Extraction and Recycle Equip-
ment for Mobile Automotive Air-Condi-
uoning Systems
ARJ Standard 706-88
J. Puriry Specification
The refrigerant in this document shall
have been directly removed from, and in-
tended to be relumed to. a mobile air-condi-
tiomng system. The contaminants in this re-
cycled refrigerant 12 shall be limited to
moisture, refrigerant oil. and nonconden-
sable gases, which shall not exceed the fol-
lowing level:
3.1 Moisture: 15 ppm by weight.
3.2 Refrigerant Oil: 4000 ppm by weight,
3.3 A'oncondensaO/e Cases (air): 330 ppm by
wright.
4. Refrigeration Recycle Equipment Used in Di-
rect Mobile A ir* Conditioning Service Oper-
ations Requirement
4.1 The equipment shall meet SAE J1990.
which covers additional moisture, acid, and
filter requirements.
42 The equipment shall have a label indi-
cating that it is certified to meet this docu-
ment.
S. Purify Specification of Recycled R-12 Refrig-
erant Supplied in Containers From Other Re-
cycle Sources
Purity specification of recycled R-12 re-
frigerant supplied in containers from other
recycle sources, for service of mobile air-con-
ditioning systems, shall meet ARJ Standard
700-88 (Air Conditioning and Refrigeration
Institute).
6, Operation of the Recycle Equipment
This shall be done in accordance with SAE
J1989.
Rjtionale
Not applicable.
Relationship of SAE Standard to /SO Standard
Not applicable.
Reference Section
SAE J1989. Recommended Service Procedure
for the Containment of R-12
SAE J1990. Extraction and Recycle Equip-
ment for Mobile Automotive Air-Condi-
tiomng Systems
AR1 Standard TOft-88
Application
This Information applies to refrigerant
used to service automobiles, light trucks.
385
-------
Pt. 82, SubpL B, App. A
40 CFR Ch. I (7-1-97 Edition)
and other vehicles with similar CFC-I2 sys-
tems. Systems used on mobile vehicles for
refrigerated cargo that have hermetically
sealed, rigid pipe are not covered in this doc-
ument.
Committee Composition
Developed by the SAE Defrost and Interior
Climate Controls Standards Committee
W.J. Atkinson. Sun Test Engineering. Para-
dise Valley, AZ—Chairman
J.J. Amin. Union Lake. MI
H.S. Andersson. Saab Scania. Sweden
P.E. Anglin, ITT Higbie Mfg. Co.. Rochester.
MI
R.W. Bishop. CMC, Lockport. NY
D. Hawks. General Motors Corporation. Pon-
tiac. MI
J.J. Hernandez, NAVISTAR. Ft. Wayne. IN
H, Kaltner, Volkswagen AG. Germany, Fed-
eral Republic
D.F. Last. CMC, Troy. MI
D.E. Linn. Volkswagen of America. Warren.
MI
J.H. McCorkel. FreightHner Corp.. Charlotte.
NC
C,J. McLachlan. Livonia, MI
H.L. Miner, Climate Control Inc., Decatur.
IL
R.J. Niemiec, General Motors Corp., Pontiac,
Ml
N. Novak. Chrysler Corp., Detroit. MI
S. Oulouhojian. Mobile Air Conditioning So-
ciety, Upper Darby. PA
J. Phillips. Air International. Australia
R.H. Proctor. Murray Corp.. Cockeysville.
MD
G. Rolling. Behr America Inc.. Ft. Worth. TX
C.D. Sweet. Signet Systems Inc.,
Harrodsburg, KY
J.P. Telesz. General Motors Corp., Lockport.
NY
EXTRACTION AND RECYCLE EQUIPMENT FOR
MOBILE AUTOMOTIVE Am CONDITIONING SYS-
TEMS
SAE Recommended Practice. SAE J1990
(1991)'
0. Foreword
Due to the CFC's damaging effect on the
ozone layer, recycle of CFC-12 (R-12) used in
mobile air-conditioning systems is required
'This standard is appropriate for equip-
ment certified after February 1, 1992. This
equipment may be marked design certified
for compliance with SAE J1990 (1991). The
standard for approval for equipment certified
on or before February 1, 1992 is SAE J1990
(1989). This equipment may be marked design
certified for compliance with SAE J1990
(1989). Both types of equipment are consid-
ered approved under the requirements of this
regulation.
to replace system venting during normal
service operations. Establishing recycle
specifications for R-12 will provide the same
level of performance as new refrigerant.
Extensive field testing with the EPA and
the auto industry indicates that R-12 can be
reused, provided that it is cleaned to speci-
fications in SAE J1991. The purpose of this
document is to establish the specific mini-
mum equipment specification required for
recycle of R-12 that has been directly re-
moved from mobile systems for reuse in mo-
bile automotive air-conditioning systems.
I. Scope
The purpose of this document is to provide
equipment specifications for CFC-12 (R-12)
recycling equipment. This information ap-
plies to equipment used to service auto-
mobiles, light trucks, and other vehicles
with similar CFC-12 air-conditioning sys-
tems. Systems used on mobile vehicles for
refrigerated cargo that have hermetically
sealed systems are not covered in this docu-
ment. The equipment in this document is in-
tended for use with refrigerant that has been
directly removed from, and intended to be
returned to. a mobile air-conditioning sys-
tem. Should other revisions due to oper-
ational or technical requirements occur, this
document may be amended.
Z. References
2.1 Applicable Documents:
2.1.1 SAE Publications—Available from
SAE. 400 Commonwealth Drive. Warrendale.
PA 15096-0001.
SAE J1991—Standard of Purity for Use in
Mobile Air-Conditioning Systems
SAE J2196—Service Hose for Automotive
Air-Conditioning
2.1.2 CGA Publications—Available from
CGA. Crystal Gateway #1, Ste. 501, 1235 Jef-
ferson Davis Hwy.. Arlington, VA 22202
CGA Pamphlet S-1.1—Pressure Relief Device
Standard Part 1—Cylinders for Com-
pressed Gases
3. Specification and General Description
3.1 The equipment must be able to extract
and process CFC-12 from mobile air-condi-
tioning systems. The equipment shall proc-
ess the contaminated R-12 samples as de-
fined in 8.4 and shall clean the refrigerant to
the level as defined in SAE J1991.
3.2 The equipment shall be suitable for
use in an automotive service environment
and be capable of continuous operation in
ambients from 10 to 49 °C.
3.3 The equipment must be certified by
Underwriters Laboratories or an equivalent
certifying laboratory.
3.4 The equipment shall have a label "De-
sign Certified by (Company Name) to Meet
386
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Environmental Protection Agency
Pt. 82, Subpt. B, App. A
SAE J1391". The minimum letter size shall
be bold type 3 mm in height.
4 Refrigeration RecycJt Equipment
Requirements
4.1 Moisture and Acid—The equipment
shall incorporate a desiccant package that
must be replaced before saturated with mois-
ture and whose mineral acid capacity' is at
least 5% by weight of total system dry des-
iccant,
4.1.1 The equipment shall be provided
with a moisture detection device that will
reliably indicate when moisture in the CFC-
12 exceeds the allowable level and requires
the filler/dryer replacement.
4.2 Filter—The equipment shall incor-
porate an in-line filter that will trap particu-
lates of 15 lirn or greater.
4.3 Noncondensable Gas.
4.3.1 The equipment shall either auto-
matically purge noncondensables (NCGs) if
the acceptable level is exceeded or incor-
porate a device to alert the operator that
NCC level has been exceeded. NCG removal
must be part of normal operation of the
equipment and instructions must be provided
to enable the task to be accomplished within
30 minutes.
4.3.2 Refrigerant loss from nonconden-
sable gas purging during testing described in
Section 8 shall not exceed five percent (5%)
by weight of the total contaminated refrig-
erant removed from the test system.
4.3,3 Tiansfer of Recycled" Refrigerant-
Recycled refrigerant for recharging and
transfer shall be taken from the liquid phase
only.
5. Safety Requirements
5.1 The equipment must comply with ap-
plicable federal, state and local requirements
on equipment related to the handling of R-12
material. Safety precautions or notices re-
lated to the safe operation of the equipment
shall be prominently displayed on the equip-
ment and should also state "Caution-
Should Be Operated By Qualified Personnel".
6. Operating Instructions
6.1 The equipment manufacturer must
provide operating instructions, necessary
maintenance procedures, and source infor-
mation for replacement parts and repair.
6.2 The equipment must prominently dis-
play the manufacturer s name, address and
any items that require maintenance or re-
placement that affect the proper operation
of the equipment. Operation manuals must
cover information for complete maintenance
of the equipment to assure proper operation.
7 Functional Description
1.1 The equipment must be capable of en-
suring recovery of the R-12 from the system
being service, by reducing the system pres-
sure below atmospheric to « minimum of 102
mm of mercury.
7.2 To prevent overcharge, the equipment
must be equipped to protect the tank used to
store the recycled refrigerant with a shutoff
device and a mechanical pressure relief
valve.
1,3 Portable refutable tanks or containers
used in conjunction with this equipment
must meet applicable Department of Trans-
portation (DOT) or Underwriters Labora-
tories (UL) Standards and be adaptable to
existing refrigerant service and charging
equipment.
7.4 During operation, the equipment shall
provide overfill protection to assure the stor-
age container, internal or external, liquid
fill does not exceed 80% of the tank's rated
volume at 21.1 "C (TO "F> per DOT standards.
CFR title 49, §173.304 and American Society
of Mechanical Engineers.
7.4.1 Additional Storage Tank Require-
ments.
7.4.1.1 The cylinder valve shall comply
with the standard for cylinder valves. UL
1769.
7.4.1.2 The pressure relief device shall
comply with the Pressure Relief Device
Standard Part 1—Cylinders for Compressed
Cases. CGA Pamphlet S-l.l.
7.4.1.3 The tank assembly shall be marked
to indicate the first retest date, which shall
be 5 years after date of manufacture. The
marking shall indicate that retest must be
performed every subsequent 5 years. The
marking shall be in letters at least '/« in
high.
7.5 All flexible hoses must meet SAE
J2196 hose specification effective January 1.
1992.
7.6 Service hoses must have shutoff de-
vices located within 30 cm (12 in) of the con-
nection point to the system being serviced to
minimize Introduction of noncondensable
gases into the recovery equipment and the
release of the refrigerant when being discon-
nected.
7.7 The equipment must be able to sepa-
rate the lubricant from the recovered refrig-
erant and accurately indicate the amount re-
moved during the process, in 30 ml units. Re-
frigerant dissolves in lubricant sample. This
creates the illusion that more lubricant has
been recovered than actually has been. The
equipment lubricant measuring system must
take in account such dissolved refrigerant to
prevent overcharging the vehicle system
with lubricant. Note: Use only new lubricant
to replace the amount removed during the
recycle process. Used lubricant should be dis-
carded per applicable federal, state, and local
requirements.
7.8 The equipment must be capable of con-
tinuous operation in ambient of SO to 49 *C
(50 to 120 *F».
387
-------
Pt. 82, Subpt. B, App. A
40 CFR Ch. I (7-1-97 Edition)
7.9 The equipment should be compatible
with leak detection material that may be
present in the mobile AC system.
& Testing
This test procedure and the requirement
are used for evaluation of the equipment for
its ability Co clean the contaminated R-12
refrigerant.
8.1 The equipment shall clean the con-
taminated R-12 refrigerant to the minimum
purity level as defined in SAE J1991. when
tested in accordance with the following con-
ditions:
8.2 For test validation, the equipment is
to be operated according to the manufactur-
er's instructions.
8.3 The equipment muse be preconditioned
with 13.6 kg (30 Ibi of the standard contami-
nated R-12 at an ambient of 21 *C (70 *F) be-
fore starting the test cycle. Sample amounts
are not to exceed 1.13 kg (2.5 Ib) with sample
amounts to be repeated every S min. The
sample method fixture, defined in Fig. I.
shall be operated at 24 *C CT5 °FJ.
8.4 Contaminated R-12 Samples.
8.4.1 Standard contaminated R-12 refrig-
erant shall consist of liquid R-12 with 100
ppm (by weight) moisture at 21 *C {70 *F1 and
45.000 ppm (by weight) mineral oil 523 suspen-
sion nominal and HO pprn by weight of non-
condensable gases (air).
8.4.2 High moisture contaminated sample
shall consist of R-12 vapor with 1.000 ppm (by
weight) moisture-
8.4.3 High oil contaminated sample shall
consist of R-12 with 200,000 ppm (by weight)
mineral oil 525 suspension viscosity nominal.
8.5 Test Cycle.
S.S.I Afcer preconditioning as stated in
8.3. the tesc cycle is started, processing the
following contaminated samples through the
equipment:
8.5.1.1 3013.$ kg (30 Ib) of standard con-
taminated R-12.
8.5.1.2 1 kg (2.2 Ib) of high oil contami-
nated R-12.
8.S.1.3 4.5 kg (10 Ib) of standard contami-
nated R-12.
8.5.1.4 1 kg (2.2 IbJ of high moisture con-
taminated R->2.
S.6 Equipment Operating Ambient.
8.6.1 The R-12 is to be cleaned to the min-
imum purity level, as defined in SAE J199I,
with the equipment operating in a stable am-
bient of 10. 21, and 49 *C ISO. 10. and 120 *F)
and processing the samples as defined in 8.5.
S.7 Sample Analysts.
S..7.1 The processed contaminated sample
shall be analyzed according to the following
procedure.
8.8 Quantitative Determination of Mois-
ture.
8,8.1 The recycled liquid phase sample of
CFC-12 shall be analyzed for moisture con-
cent via Karl Fischer coulometer titrauon or
an equivalent method. The Karl Fischer ap-
paratus is an instrument for precise deter-
mination of small amounts of water dis-
solved in liquid and/or gas samples.
8.8.2 In conducting the test, a weighed
sample of 30 to 130 grams is vaporized di-
rectly into the Karl Fischer analyte. A cou-
lometer titration is conducted and the re-
suits are calculated and displayed as parts
per million moisture (weight).
8.9 Determination of Percent Lubricant.
8.9.1 The amount of oil in the recycled
sample of CFC-12 is to be determined by
gravimetric analysis.
8.9.2 Following venting of nonconden-
sable. in accordance with the manufacturer's
operating instructions, the refrigerant con-
tainer shall be shaken for 5 minutes prior to
extracting samples for test.
8,9,3 A weighted sample of 175 co 225
grams of liquid CFC-12 is allowed to evapo-
rate at room temperature. The percent oil is
to be calculated from the weight of the origi-
nal sample and the residue remaining after
the evaporation.
8.10 Noncondensable Gas,
8.10.1 The amount of noncondensable gas
is to be determined by gas chromatography.
A sample of vaporized refrigerant liquid
shall be separated and analyzed by gas chro-
macography. A Porapak Q column at 130 *C
and a hot wire detector may be used for anal-
ysis.
8.10.2 This test shall be conducted on re-
cycled refrigerant (taken from the liquid
phase) within 30 minutes after the proper
venting of noncondensable.
8.10.3 Samples shall be shaken for 8 hours
prior to retesting while at a temperature of
24 ± 2.8 *C (75 ± 5 *F). Known volumes of re-
frigerant vapor are to be injected for separa-
tion and analysis by means of gas chroma-
tography. A Porapak Q column at 130 *C (266
*F1 and a hot wire detector are to be used for
the analysis.
8,10.4 This test shall be conducted at 21
and 49 *C and may be performed in conjunc-
tion with the testing defined in Section 8.6.
The equipment shall process at least 13.6 kg
of standard contaminated refrigerant for this
test.
811 Sample Requirements.
8.11.1 The sample shall be tested as de-
fined in 8.7. 8.8. 8.9. and 8.10 at ambient tem-
peratures of 10. 21. and 49 'C S50. 70. and 120
*F} as defined in 8.6.1.
388
-------
Environmental Protection Agency
PL 82, Sutopt B, App. A
Autraotlv* Orlflet Iub«
4. Pall T
O>r|«
0a T*«C STICI
Ci**fi 1*12.
S. Aftir Cpir.cici Sr"t«»
Open v.lv., 1,2, Ajxi 3
Z.AIt*r 01} rill
V«lv« I AB« 3
To fill With Mr Am; lojvci Ksl»cur«
rill fort For Air And nsUcari
(Ulculittd Air for
R-12 T*tc Aaeuat
L Fill Oil ChMb.r-WUh
Kuiurcd Oil
for oil
o ••":•
T mr To Inlie at
KicTcl> f«mipM*c
389
-------
Pt 82, Subpt B, App. A
40 C¥K Ch. I (7-1-97 Edition)
RECOMMENDED SERVICE PROCEDURE FOR THE
CONTAINMENT OF R-12
/. Scope
During service of mobile air-conditioning
systems, containment of the refrigerant is
important. This procedure provides service
guidelines for technicians when repairing ve-
hicles and operating equipment defined in
SAE J1990,
Z. References
SAE J199Q, Extraction and Recycle Equip-
ment for Mobile Automotive Air-Condi-
tioning Systems
3- Refrigerant Recovery Procedure
3. 1 Connect the recovery unit service
hoses, which shall have shutoff valves within
12 in (30 cm} of the service ends, to the vehi-
cle air-conditioning system service ports.
3.2 Operate the recovery equipment as
covered by the equipment manufacturers
recommended procedure.
3.2.1 Start the recovery process and re-
move the refrigerant from the vehicle AC
system- Operate the recovery unit until the
vehicle system has been reduced from a pres-
sure to a vacuum. With the recovery unit
shut off for at least 5 mm. determine that
there is no refrigerant remaining in the vehi-
cle AC system. If the vehicle system has
pressure, additional recovery operation is re-
quired to remove the remaining refrigerant.
Repeat the operation until the vehicle AC
svstem vacuum level remains stable for 2
rn»n,
3,3 Close the valves in the service lines
and then remove the service lines from the
vehicle system. Proceed with the repair/serv-
ice. If the recovery equipment has automatic
closing valves, be sure they are properly op-
erating-
4. Service With Manifold Cage Set
4.1 Service hoses must have shutoff valves
in the high, low. and center service hoses
within 12 in (30 cm) of the service ends.
Valves must be closed prior to hose removal
from the air-conditioning system. This will
reduce the volume of refrigerant contained
in the service hose that would otherwise be
vented to atmosphere.
4.2 During all service operations, the
valves should be closed until connected to
the vehicle air-conditioning system or the
charging source to avoid introduction of air
and to contain the refrigerant racher than
vent open to atmosphere,
4.3 When the manifold gage set is discon-
nected from the air-conditioning system or
when the center hose is moved to another de-
vice which cannot accept refrigerant pres-
sure, the gage set hoses should first be at-
tached to the reclaim equipment to recover
the refrigerant from trie hoses,
5. Recycled Refrigerant Checking Procedure for
Stored Portable Auxiliary Container
5.1 To determine if the recycled refrig-
erant container has excess noncondensable
gases {air), the container must be stored at a
temperature of S5*F (18.3*CJ or above for a pe-
riod of time. 12 h. protected from direct sun.
5.2 Install a calibrated pressure gage,
with 1 psig divisions (0.07 kg), to the con-
tainer and determine the container pressure.
S3 With a calibrated thermometer, meas-
ure the air temperature within 4 in (10 cm) of
the container surface.
5.4 Compare che observed container pres-
sure and air temperature to determine if the
container exceeds the pressure limits found
on Table 1. e.g.. air temperature 70"F (21°C)
pressure must not exceed 80 psig (5.62 kg/
on').
TABLE 1
Temp *f
65
66
67
68
69
TO
11
72
73
74
Pag
74
75
76
T8
79
SO
E2
S3
84
36
Temp *F
75
76
77
78
T9
ac
81
82
83
84
POfl
87
88
90
92
94
96
98
99
100
101
Temo-F
85
86
87
(8
99
90
91
92
93
94
P»9
102
103
105
107
108
110
111
113
115
116
T«l»p*F
95
96
97
98
99
100
101
102
103
104
P««9
118
120
122
124
125
127
129
130
132
134
Tempf
105
106
107
108
PS«J
136
138
140
142
109 | 144
110 i 146
111
112
113
114
148
150
152
154
TAK.E i (METRIC)
T«ro«C
18 3
18,8
19.4
20.0
205
21.1
Pm*
5,20
5.27
5.34
5.48
5,55
562
Ttmo'C
23-9
24.4
25.0
25,5
26.1
2S.6
f»nss
6.11
618
6,32
6,46
6.60
6.74
Temo-C
29/4
30.0
30.5
31.1
31.6
32,2
pires
7.17
754
7.38
7.52
7.59
7,73
Temp* C
35.0
353
36.1
36.6
37,2
37.7
Pres
B.29
8,43
8,57
8.71
8.78
892
T«mo*C
40.5
41.1
41.6
42.2
42,7
433
PRm
9.56
9.70
9.B4
9.98
10.12
10.26
390
-------
Environmental Protection Agency
Pt. 82, Subpt. B, App. A
TABLE 1 (METWC>—Continued
Temp* C
21. S
322.
22.7
Pres
5,76
5,83
530
233 1 6.04
Temp'C
27.2
27,7
2iJ
2S.9
Pres
538
6.95
7.03
7,10
T«m0-C
32.7
33,3
33,9
34.4
Pms
7.80
7.94
8.08
S.J5
Temo«C
38,3
38 .8
39.4
*00
Pms
9,06
9.13
9^7
9.42
TOTD'C
43.9
PBres
10,40
44.4 ) 10.54
45.0
*5.S
ioea
10.B2
Pfes fcysa cm.
5.5 If the container pressure is less than
the Table 1 values and has been recycled.
limits of noncondemable gases (air) have not
been exceeded and the refrigerant may be
used.
5.6 If the pressure is greater than the
range and the container contains recycled
material, slowly vent from the top of the
container a small amount of vapor into the
recycle equipment until the pressure is less
than the pressure shown on Table 1.
5.7 If the container still exceeds the pres-
sure shown on Table I, the entire contents of
the container shall be recycled.
S. Containers for Storage of Recycled
Refrigerant
6.1 Recycled refrigerant should not be
salvaged or stored in disposable refrigerant
containers. This is the type of container in
which virgin refrigerant is sold. Use only
DOT CFR title «S or UL approved storage
containers for recycled refrigerant.
6.2 Any container of recycled refrigerant
that has been stored or transferred must be
checked prior to use as defined in section 5.
7. Transfer of Recycled Refrigerant
7.1 When external portable containers are
used for transfer, the container must be
evacuated at least 27 in of vacuum (75 mm
Hg absolute pressure) prior to transfer of the
recycled refrigerant. External portable con-
tainers must meet DOT and UL standards.
7.2 To prevent on-site overfilling when
transferring to external containers, the safe
filling level must be controlled by weight
and must not exceed S0% of container gross
weight racing,
i- Disposal of Emptyftiear Empty Containers
8.1 Since all the refrigerant may not be
removed from disposable refrigerant contain-
ers during normal system charging proce-
dures, emptyfoear empty container contents
should be reclaimed prior to disposal of the
container.
8.2 Attach the container to the recovery
unit and remove the remaining refrigerant.
When the container has been reduced from a
pressure to a vacuum, the container valve
can be closed. The container should be
marked empty and is ready for disposal.
Rationale
Not applicable,
Relationship of SAE Standard to ISO Standard.
Not applicable,
Reference Section
SAE JI990. Extraction and Recycle Equip-
ment for Mobile Automotive Air-Condi-
tioning Systems
Application
During service of mobile air-conditioning
systems, containment of the refrigerant is
important. This procedure provides service
guidelines for technicians when repairing ve-
hicles and operating equipment defined in
SAE J1990.
Committee Composition
Developed by the SAE Defrost and Interior
Climate Control Standards Committee
W.J. Atkinson, Sun Test Engineering. Para-
dise Valley. AZ—Chairman
J.J. Arnin, Union Lake. MI
H.S. Andersson. Saab Scania. Sweden
P.E, Anglin. ITT Higbie Mfg. Co.. Rochester.
Ml
R.W Bishop, CMC. Lockport. NY
D.Hawks. General Motors Corporation, Pon-
tiac. Ml
J.J. Hernandez, NAVISTAR. Ft. Wayne, IN
H, Kaltner. Volkswagen AC. Germany. Fed-
eral Republic
D.F. Last. CMC. Troy. MI
D.E. Linn. Volkswagen of America. Warren.
MI
J.H. McCorket. Freightliner Corp.. Charlotte.
NC
C.J, McLachlan. Livonia. MI
H.L. Miner. Climate Control Inc.. Decaeur.
1L
R.J. Niemiec. General Motors Corp., Pontiac,
MI
N. Novak. Chrysler Corp.. Detroit. Ml
S. Oulouhojian. Mobile Air Conditioning So-
ciety. Upper Darby. PA
J. Phillips. Air International. Australia
R.H. Proctor. Murray Corp.. Cockevsville.
MD
G. Rolling. Behr America Inc.. Ft. Worth, TX
C.D, Sweet, Signet Systems Inc.,
Harrodsburg. KY
391
-------
Pt. 82, Subpt. B, App. B
40 CFR Ch, I (7-1-97 Edition)
J.P- Teiesz. General Motors Corp.. Lockport,
NY
APPENDIX B TO PART 82 SUBPART B—
STANDARD FOR RECOVER EQUIPMENT
SAE J1989, Recommended Service Proce-
dure for the Containment of R-12. as set
forth under Appendix A, also applies to this
Appendix B.
SAE J2209. issued June. 1992,
SAE RECOMMENDED PRACTICE: CFC-12 fR-12)
EXTRACTION EQUIPMENT FOR MOBILE AUTO-
MOTIVE AIR-CONDITIONING SYSTEMS
Foreword
CFCs deplete the stratospheric ozone layer
that protects the earth agamst harmful ul-
traviolet radiation. To reduce the emissions
of CFCs. the 1990 Clean Air Act requires re-
cycle of CFC-12 (R-12) used in mobile air-
conditioning systems to eliminate system
venting during service operations. SAE J19SO
establishes equipment specifications for on-
site recovery and reuse of CFCs in mobile
air-conditioning systems. Establishing ex-
traction equipment specifications for CFC-12
w«ll provide service facilities with equipment
to assure that venting of refrigerant will not
occur.
1. Scop*
The purpose of this document is to provide
equipment specifications for CFC-S2 (R-12)
recovery for recycling on-site or for trans-
port off-site to a refrigerant reclamation fa-
cility that will process it to ARI {Air-Condi-
tioning and Refrigeration Institute) standard
700-93 as a minimum. It Is not acceptable
thac the refrigerant removed from a mobile
air-conditioning system, with this equip-
ment, be directly returned to a mobile air-
conditioning system.
This information applies to equipment
used to service automobiles, light trucks.
and other vehicles with similar CFC-12 sys-
tems.
2. References
2. Applicable Documents—The following
documents form a part of this specification
to the extent specified herein.
2.1.1 SAE Publications—Available from
SAE. 400 Commonwealth Drive, Warrendale.
PA 15096-0001.
SAE J639—Vehicle Service Coupling
SAE J1990—Extraction and Recycle Equip-
ment for Mobile Automotive Air-Condi-
tioning Systems _
SAE J2186—Service Hose for Automotive
A ir-Conditioning
2.1.2 ARJ Publications—Available from
Air-Conditioning and Refrigeration insti-
tute. iSOl Wilson Boulevard. Sixth Floor, Ar-
lington. VA 22209.
ARI 700-S3—Specifications for Fluorocarbon
Refrigerants
2.1.3 CCA Publications—Available from
CCA. Crystal Gateway «1. Suite 501, 1235 Jef-
ferson Davis Highway, Arlington, VA 22202.
CGA S-1.1—Pressure Relief Device Standard
Part 1—Cylinders for Compressed Gases
2.1.4 DOT Specifications—Available from
the Superintendent of Documents. U.S. Gov-
ernment Printing Office. Washington. DC
20402.
49 CFR, Section 173.304—Shippers—General
Requirements for Shipments and
Packaging*
2.1.5 UL Publications—Available from Un-
derwriters Laboratories. 333 Pfingsten Road,
Northbrook, 1L S0Q62-2DS6,
UL 1769—Cylinder Valves
3. Specifications and General Description
3.1 The equipment must be able to extract
CFC-12 from a mobile air-conditioning sys-
tem.
3.2 The equipment discharge or transfer
fitting shall be unique to prevent the unin-
tentional use of extracted CFC-12 to be used
for recharging auto air conditioners.
3.3 The equipment shall be suitable for
use in an automotive service garage environ-
ment as defined in 6.8-
3.4 Equipment Certification—The equip-
ment must be certified by Underwriters Lab-
oratories or an equivalent certifying labora-
tory to meet this standard.
3.5 Label Requirements—The equipment
shall have a label "Design Certified by Scom-
pany name) to meet SAE J2209 for use with
CFC-12. The refrigerant from this equipment
must be processed to ARJ 700-93 specifica-
tions before reuse in a mobile air-condi-
tioning system." The minimum letter size
shall be bold type 3mm in height.
4. Safety Requirements
4.1 The equipment must comply with ap-
plicable federal, state and local requirements
on equipment related to the handling of R-12
material. Safety precautions or notices or
labels related to the safe operation of the
equipment shall also be prominently dis-
played on the equipment and should also
state "CAUTION—SHOULD BE OPERATED
BY CERTIFIED PERSONNEL." The safety
identification shall be located on the front
near the controls.
4.2 The equipment must comply with ap-
plicable safety standards for electrical and
mechanical requirements
5. Operating Instructions
5.1 The equipment manufacturer must
provide operating instructions, necessary
maintenance procedures and source informa-
tion for replacement parts and repair.
392
-------
Environmental Protection Agency
§82.60
5.2 The equipment must prominently dis-
play the manufacturer 5 name, address and
any items that require maintenance or re-
placement that affect the proper operation
of the equipment. Operation manuals must
cover information for complete maintenance
of the equipment to assure proper operation.
6. Functional Description
6.1 The equipment must be capable of en-
suring recovery of the CFC-12 from the sys-
tem being serviced, by reducing the system
pressure to a minimum of 102 mm of mercury
below atmospheric. To prevent system de-
layed outgassmg. the unit must have a de-
vice that assures that the refrigerant has
been recovered from the air-conditioning
system.
6.1.1 Testing laboratory certification of
the equipment capability is required which
shall process contaminated refrigerant sam-
ples at specific temperatures.
6.2 The equipment must be preconditioned
with 13.6 kg of the standard contaminated
CFC-12 at an ambient of 21°C before starting
the test cycle. Sample amounts are not to
exceed 1.13 kg with sample amounts to be re-
peated every 5 minutes. The sample method
fixture defined in Figure 1 of appendix A
shall be operated at 24°C. Contaminated
CFC-12 samples shall be processed at ambi-
ent temperatures of 10 and 49°C.
62.1 Contaminated CFC-12 sample.
6.2.2 Standard contaminated CFC-12 re-
frigerant. 13.6 Kg sample size, shall consist of
liquid CFC-12 with 100 pprn (by weight) mois-
ture at 2TC and 45.000 ppm (by weight) min-
eral oil 525 suspension nominal and 770 ppm
(by weight) of noncondensable gases (air).
6.3 Portable refillable containers used in
conjunction with this equipment must meet
applicable DOT standards.
6.3.1 The container color must be gray
with yellow top to identify that it contains
used CFC-12 refrigerant. It must be perma-
nently marked on the outside surface in
black" print at least 20 mm high "DIRTY R-
12—DO NOT USE, MUST BE REPROC-
ESSED".
6.3.2 The portable refillable container
shall have a SAE 3/8 inch flare male thread
connection as identified in SAE J639 CFC-12
High Pressure Charging Valve Figure 2.
6,3.3 During operation the equipment
shall provide overfill protection to assure
that the storage container liquid fill does
not exceed 80% of the tank's rated volume at
21°C per DOT standard. CFR Title 49. section
173.304 and the American Society of Mechani-
cal Engineers.
6.4 Additional Storage Tank Require-
ments.
6.4.1 The cylinder valve shall comply with
the standard for cylinder valves, UL 1769.
6.4.2 The pressure relief device shall corn-
ply with the pressure relief device standard
part 1, CGA pamphlet S-l.l.
6.4.3 The container assembly shall be
marked to indicate the first retest date.
which shall be 5 years after date of manufac-
ture. The marking shall indicate that retest
must be performed every subsequent five
years. The marking shall be in letters at
least 6 mm high.
6.5 All flexible hoses must meet SAE
J2I96 standard for service hoses.
6.6 Service hoses must have shutoff de-
vices located within 30 cm of the connection
point to the system being serviced to mini-
mize introduction of noncondensable gases
into the recovery equipment during connec-
tion and the release of the refrigerant during
disconnection.
6.7 The equipment must be able to sepa-
rate the lubricant from the recovered refrig-
erant and accurately indicate the amount re-
moved from the system during processing in
30 ml units.
6.7.1 The purpose of indicating the
amount of lubricant removed is to ensure
that a proper amount is returned to the mo-
bile air-conditioning system for compressor
lubrication.
6.7.2 Refrigerant dissolved in this lubri-
cant must be accounted for to prevent sys-
tem lubricant overcharge of the mobile air-
conditioning system.
6.7.3 Only new lubricant, as identified by
the system manufacturer, should be replaced
in the mobile air-conditioning system.
6.7.4 Removed lubricant from the system
and/or the equipment shall be disposed of in
accordance with applicable federal, state and
local procedures and regulations.
6.8 The equipment must be capable of con-
tinuous operation in ambient temperatures
of 10°C to 49°C and comply with 6.1.
6.9 The equipment should be compatible
with leak detection material that may be
present in the mobile air-conditioning sys-
tem.
7.0 For test validation, the equipment is
to be operated according to the manufactur-
er s instructions.
[60 FR 21688. May 2. 1995]
Subpart C—Ban on Nonessential
Products Containing Class I
Substances and Ban on Non-
essential Products Containing
or Manufactured With Class II
Substances
SOURCE: 58 FR 69675. Dec. 30. 1993. unless
otherwise noted.
§ 82.60 Purpose.
The purpose of this subpart is to im-
plement the requirements of sections
608 and 610 of the Clean Air Act as
393
-------
40 C.F.R. Part 82 Subpart C:
Ban on Products Containing
1 and on
Nonessential Products Containing or
Manufactured with Class II Substances
-------
-------
Environmental Protection Agency
§82.60
5.2 The equipment must prominently dis-
play the manufacturer s name, address and
any items that require maintenance or re-
placement that affect the proper operation
of the equipment- Operation manuals must
cover information for complete maintenance
of the equipment to assure proper operation.
6. Functional Description
6.1 The equipment must be capable of en-
suring recovery of the CFC-12 from the sys-
cem being serviced, by reducing the system
pressure to a minimum of 102 mm of mercury
below atmospheric. To prevent system de-
layed outgassing. the unit must have a de-
vice that assures that the refrigerant has
been recovered from the air-conditioning
system.
6.1.1 Testing laboratory certification of
the equipment capability is required which
shall process contaminated refrigerant sam-
ples at specific temperatures.
6.2 The equipment must be preconditioned
with 13.6 kg of the standard contaminated
CFC-12 at an ambient of 2J*C before starting
the test cycle. Sample amounts are not to
exceed 1.13 kg with sample amounts to be re-
peated every 5 minutes. The sample method
fixture defined in Figure I of appendix A
shall be operated at 24*C, Contaminated
CFC-12 samples shall be processed at ambi-
ent temperatures of 10 and 49*C.
6.2.1 Contaminated CFC-12 sample.
6.2.2 Standard contaminated CFC-12 re-
frigerant. 13.S Kg sample size, shall consist of
liquid CFC-12 with 100 ppm (by weight) mois-
ture at 21°C and 45.000 ppm (by weight) min-
eral oil 525 suspension nominal and 770 ppm
(by weight) of noncondensable gases (air).
6.3 Portable refillable containers used in
conjunction with this equipment must meet
applicable DOT standards.
6.3.1 The container color must be gray
with yellow top to identify that it contains
used CFC-12 refrigerant. It must be perma-
nently marked on the outside surface in
black print at least 20 mm high "DIRTY R-
12—DO NOT USE. MUST BE REPROC-
ESSED".
6.3.2 The portable refillable container
shall have a SAE 3/8 Inch flare male thread
connection as identified in SAE J639 CFC-12
High Pressure Charging Valve Figure 2.
6.3.3 During operation the equipment
shall provide overfill protection to assure
that the storage container liquid fill does
not exceed 80% of the tank's rated volume at
2I*C per DOT standard. CFR Title 43, section
173.304 and the American Society of Mechani-
cal Engineers.
6.4 Additional Storage Tank Require-
ments. „
6.41 The cylinder valve shall comply with
the standard for cylinder valves, UL 1768.
6.4.2 The pressure relief device shall com-
ply with the pressure relief device standard
part 1, CCA pamphlet S-l.l.
6.4.3 The container assembly shall be
marked to indicate the first retesc date.
which shall be 5 years after date of manufac-
ture. The marking shall indicate that retest
must be performed every subsequent five
years. The marking shall be in letters at
least 6 mm high.
6.5 All flexible hoses must meet SAE
J2196 standard for service hoses.
6.6 Service hoses must have shutaft de-
vices located within 30 cm of the connection
point to the system being serviced to mini-
mize introduction of noncondensable gases
into the recovery equipment during connec-
tion and the release of the refrigerant during
disconnection.
6.7 The equipment must be able to sepa-
rate the lubricant from the recovered refrig-
erant and accurately indicate the amount re-
moved from the system during processing in
30 ml units.
6.7.1 The purpose of indicating the
amount of lubricant removed is to ensure
that a proper amount is returned to the mo-
bile air-conditioning system for compressor
lubrication.
6.T.2 Refrigerant dissolved in this lubri-
cant must be accounted for to prevent sys-
tem lubricant overcharge of the mobile air-
conditioning system
6.7.3 Only new lubricant, as identified by
the system manufacturer, should be replaced
in the mobile air-conditioning system.
6,7.4 Removed lubricant from the system
and/or the equipment shall be disposed of in
accordance with applicable federal, state and
local procedures and regulations.
6.8 The equipment must be capable of con-
tinuous operation in ambient temperatures
of IO*C to 49*C and comply with 6.1.
6.3 The equipment should be compatible
with leak detection material that may be
present in the mobile air-conditioning sys-
tem.
7.0 For test validation, the equipment is
to be operated according to the manufactur-
er's instructions.
160 FR 21688. May 2, 1995)
Subpart C—Ban on Nonessential
Products Containing Class I
Substances and Ban on Non-
essential Products Containing
or Manufactured With Class II
Substances
SOURCE: 58 FR 69675. Dec. 30, 1993. unless
otherwise noted.
§82.60 Purpose.
The purpose of this subpart is to im-
plement the requirements of sections
608 and 610 of the Clean Air Act as
393
-------
§82.62
amended in 1990 on emission reductions
and nonessential produces.
I 82.62 Definitions.
For purposes of this subpart:
(a) ChJorofluorocafbon means any sub-
stance listed as Class I group I or Class
I group in in 40 CFR part 82. appendix
A to subpart A.
(b) Commercial, when used to describe
the purchaser of a product, means a
person that uses the product in the
purchaser's business or sells it to an-
other person and has one of the follow-
ing identification numbers:
(1) A federal employer identification
number;
(2) A state sales tax exemption num-
ber:
(3) A local business license number;
or
(4) A government contract number.
(c) Consumer, when used to describe a
person taking action with regard to a
product, means the ultimate purchaser,
recipient or user of a product.
(d) Distributor, when used to describe
a person taking action with regard to a
product means:
(I) The seller of a product to a
consumer or another distributor: or
(2) A person who sells or distributes
that product in interstate commerce
for export from the United States.
(e) Product means an item or cat-
egory of items manufactured from raw
or recycled materials which is used to
perform a function or task.
(0 Release means to emit into the en-
vironment during the manufacture.
use. storage or disposal of a product.
(g) Class II Substance means any sub-
stance designated as class II in 40 CFR
part 82. appendix B to subpart A.
(h) Foam Insulation Product, when
used to describe a product containing
or consisting of plastic foam, means a
product containing or consisting of the
following types of foam:
(1) Closed cell rigid polyurethane
foam:
(2) Closed cell rigid polystyrene
boardstock foam;
(3) Closed cell rigid phenolic foam:
and
(4) Closed cell rigid polyethylene
foam when such foam is suitable in
shape, thickness and design to be used
as a product that provides thermal in-
40 CFR Ch. I (7-1-97 Edition)
sulation around pipes used in heating,
plumbing, refrigeration, or industrial
process systems.
(i) Hydrochlorofluoracarbon means any
substance listed as class II in 40 CFR
part 82. appendix B to subpart A.
1SS FR 69615. Dec, 30. 1933. as amended at 61
FR 64427. Dec. 4. 1996]
§82.64 Prohibitions.
(a) Effective February 16. 1393. no
person may sell or distribute, or offer
to sell or distribute, in interstate com-
merce any of the products identified as
being nonessential in §82.66(a).
(b) Effective February 16. 1993. no
person may sell or distribute, or offer
to sell or distribute, in interstate com-
merce any of the products specified in
§82.66(b) to a person who does not pro-
vide proof of being a commercial pur-
chaser, as defined under §82.62.
(c) Effective January 11. 1994. no per-
son may sell or distribute, or offer to
sell or distribute, in interstate com-
merce any of the products identified as
being nonessential in §82.66(c) or
§82.66(d) except as permitted under
§S2.65(g).
(d) Except as permitted under §82.65.
effective January 1, 1994. no person
may sell or distribute, or offer for sale
or distribution, in interstate commerce
any product identified as being non-
essential in §82.70(a) or §82.70(c).
(e) Except as permitted under §82.65.
effective January 1. 1994. no person
may sell or distribute, or offer to sell
or distribute, in interstate commerce
any of the products specified in
§82.70(b) to a person who does not pro-
vide proof of being a commercial pur-
chaser, as defined under §82.62.
(f) Except as permitted under
|82.65(d), effective January' 1. 1996. no
person may sell or distribute, or offer
for sale or distribution, in interstate
commerce any product identified as
being nonessential in §82.70(c)(ii).
(g) It is a violation of this subpart to
sell or distribute, or offer for sale or
distribution, products effected by the
provisions of §82.68 if the seller knew
or should have known that the pur-
chaser was purchasing the product for
a prohibited application.
394
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Environmental Protection Agency
§82.66
§ 82.65 Temporary exemptions.
(a) Any person may sell or distribute.
or offer to sell or distribute, in inter-
state commerce, at any time, any prod*
ucts specified as nonessential in §82.70
which are manufactured and placed
into initial inventory by December 31.
1993.
(b) Any person may sell or distribute.
or offer to sell or distribute, in inter-
state commerce, at any time, any prod-
ucts specified as nonessential in §82,10
which are manufactured and placed
into initial inventory within the date
90 days after the effective date of any
federal approvals required for product
reformulation, where application for
the required approval was timely and
properly submitted to the approving
federal agency prior to January 1. 1994,
(c)(l) Any person may sell or distrib-
ute or offer to sell or distribute, in
interstate commerce, at any time, any
products specified as nonessential in
§82.70 which are manufactured and
placed into initial inventory within 45
days after the receipt of denial by any
federal agency of an application for re-
formulation where initial application
for the required approval was timely
and properly submitted to the approv-
ing federal agency prior to January I,
1994.
(2) If. within 45 days of receipt of a
denial of an application for reformula-
tion, a person submits a new viable ap-
plication for federal approval of a re-
formulation, that person may continue
to sell and distribute, or offer to sell
and distribute until 45 days of denial of
that application.
(d) Any person may sell or distribute.
or offer to sell or distribute, in inter-
state commerce, at any time, any inte-
gral skin foam utilized to provide for
motor vehicle safety In accordance
with Federal Motor Vehicle Safety
Standards, which are manufactured
and placed into initial inventory prior
to January I. 19S6.
(e) Any person selling or distributing.
or offering to sell or distribute, any
product specified in this section after
January 1. 1994. or January 1. 1996 .for
paragraph (d) of this section, or after
January 17, 1994 for any product speci-
fied in paragraph (g) of this section.
must retain proof that such product
was manufactured and placed into ini-
tial inventory before the relevant date
specified in this section. Such proof
may take the form of shipping forms.
lot numbers, manufacturer date
stamps, invoices or equivalent business
records.
(f) Any person may sell or distribute.
or offer to sell or distribute, in inter-
state commerce, any aircraft pesticide
containing class I until an alternative
aircraft pesticide containing class II is
available in interstate commerce.
(g) Any person may sell or distribute.
or offer to sell or distribute, in inter-
state commerce, at any time, any re-
placement part that was manufactured
with, or contains a class I substance or
was packaged in material that was
manufactured with or contains a class
I substance only if:
(1) The replacement part was manu-
factured for use in a single model of a
product: and
(2) The replacement part and product
model are no longer manufactured: and
(3) The replacement part was placed
into initial inventory prior to April 16.
1992.
§82.66 Nonessential Class I products
and exceptions.
The following products which release
a Class I substance (as defined in 40
CFR part 82, appendix A to subpart A)
are identified as being nonessential.
and subject to the prohibitions speci-
fied under § 82.64—
(a) Any plastic partv streamer or
noise horn which is propelled by a
chloroOuorocarbon. including but not
limited to—
(1) String confetti:
(2) Marine safety horns:
(3) Sporting event horns:
(4) Personal safety horns:
(5) Wall-mounted alarms used in fac-
tories or other work areas: and
(6) Intruder alarms used in homes or
cars.
(b) Any cleaning fluid for electronic
and photographic equipment which
contains a chlorofluorocarbon:
(1) Including but not limited to liquid
packaging, solvent wipes, solvent
sprays, and gas sprays: and
(2) Except for those sold or distrib-
uted to a commercial purchaser.
395
-------
§82.68
(cj Any plastic flexible or packaging
foam product which is manufactured
with or contains a chlorofluorocarbon:
(1) Including but not limited to:
(i) Open cell polyurethane flexible
slabstock foam:
(ii) Open cell polyurethane flexible
molded foam:
(iii) Open cell rigid polyurethane
poured foam:
(iv) Closed cell extruded polvstyrene
sheet foam:
(v) Closed cell polyethylene foam:
and
(vt) Closed cell polypropylene foam.
(2) Except—flexible or packaging
foam used in coaxial cable.
(d) Any aerosol product or other pres-
surized dispenser, other than those
banned in §82.64(a) or §8Z.S4(b). which
contains a chlorofluorocarbon.
(1) Including but not limited to
household, industrial, automotive and
pesticide uses,
,<0 Except —
(i) Medical devices listed in 21 CFR
Z.125(e):
(11) Lubricants for pharmaceutical
and tablet manufacture;
(ill) Gauze bandage adhesives and ad-
hesive removers;
(iv) Topical anesthetic and
vapocoolant products;
(v) Lubricants, coatings or cleaning
fluids for electrical or electronic equip-
ment, which contain CFC-11. CFC-12.
or CFC-113 for solvent purposes, but
which contain no other CFCs;
(vi) Lubricants, coatings or cleaning
fluids used for aircraft maintenance.
which contain CFC-11 or CFC-113 as a
solvent, but which contain no other
CFCs:
(vil) Mold release agents used in the
production of plastic and elastomeric
materials, which contain CFC-11 or
CFC-113 as a solvent, but which con-
tain no other CFCs. and/or mold release
agents that contain CFC-12 as a propel-
lant. but which contain no other CFCs:
(viii) Spinnerette lubricant/cleaning
sprays used in the production of syn-
thetic fibers, which contain CFC-lI4_as
a solvent, but which contain no other
CFCs. and/or spinnerette lubricant/
cleaning sprays which contain CFC-12
as a propellant, but which contain no
other CFCs
40 CFR Ch. I (7-1-97 Edition)
(ix) Containers of CFCs used as halo-
gen ion sources in plasma etching;
(x) Document preservation sprays
which contain CFC-113 as a solvent.
but which contain no other CFCs. and/
or document preservation sprays which
contain CFC-12 as a propellant. but
which contain no other CFCs, and
which are used solely on thick books.
books with coated or dense paper and
tightly bound documents: and
(xi) Red pepper bear repellent sprays
which contain CFC-113 as a solvent.
but which contain no other CFCs.
§82.68 Verification and public notice
requirements.
(a) Effective February 16. 1993. any
person who sells or distributes any
cleaning fluid for electronic and photo-
graphic equipment which contains a
chlorofluorocarbon must verify that
the purchaser is a commercial entity
as defined in §82.62. In order to verify
that the purchaser is a commercial en-
tity, the person who sells or distributes
this product must request documenta-
tion that proves the purchaser's com-
mercial status by containing one or
more of the commercial identification
numbers specified in §82.62(b). The sell-
er or distributor must have a reason-
able basis for believing that the infor-
mation presented by the purchaser is
accurate.
(b) Effective February 16. 1993. any
person who sells or distributes any
cleaning fluid for electronic and photo-
graphic equipment which contains a
chlorofluorocarbon must prominently
display a sign where sales of such prod-
uct occur which states: "It is a viola-
tion of federal law to sell, distribute, or
offer to sell or distribute, any
chlorofluorocarbon-containing clean-
ing fluid for electronic and photo-
graphic equipment to anyone who is
not a commercial user of this product.
The penalty for violating this prohibi-
tion can be up to $25.000 per sale. Indi-
viduals purchasing such products must
present proof of their commercial sta-
tus in accordance with §!2.68{a}."
(c) Effective January 1. 1994. any per-
son who sells or distributes any aerosol
or pressurized dispenser of cleaning
fluid for electronic and photographic
equipment which contains a class II
396
-------
Environmental Protection Agency
§82.70
substance must verify that the pur-
chaser is a commercial entity as de-
fined in §82.62(b). In order to verify
that the purchaser is a commercial en-
tity, the person who sells or distributes
this product must request documenta-
tion that proves the purchaser's com-
mercial status by containing one or
more of the commercial identification
numbers specified in §82.62(b).
(d) Effective January I, 1994, any per-
son who sells or distributes any aerosol
or other pressurized dispenser of clean-
ing fluid for electronic and photo-
graphic equipment which contains a
class II substance must prominently
display a sign where sales of such prod-
uct occur which states: "It is a viola-
tion of federal law to sell, distribute, or
offer to sell or distribute, any aerosol
nydrochlorofluorocarbon-containing
cleaning fluid for electronic and photo-
graphic equipment to anyone who is
not a commercial user of this product.
The penalty for violating this prohibi-
tion can be up to $25,000 per unit sold.
Individuals purchasing such products
must present proof of their commercial
status in accordance with §82.68(c)."
(e) Effective January 1. 1994. in order
to satisfy the requirements under
§82,68 (b) and (d), any person who sells
or distributes cleaning fluids for elec-
tronic and photographic equipment
which contain a class I substance and
those aerosol or pressurized dispensers
of cleaning fluids which contain a class
II substance, may prominently display
one sign where sales of such products
occur which states: "It is a violation of
federal law to sell, distribute, or offer
to sell or distribute. any
chlorofluorocarbon-containing clean-
ing fluid for electronic and photo-
graphic equipment or aerosol
hydrochlorofluorocarbon-containing
cleaning fluid for electronic and photo-
graphic equipment to anyone who is
not a commercial user of this product.
The penalty for violating this prohibi-
tion can be up to $25.000 per unit sold.
Individuals purchasing such products
must present proof of their commercial
status in accordance with 40 CFR
82.68(a) or 82.68(c}."
(f)-(g) [Reserved]
(h) Effective January 1, 1994. any per-
son who sells or distributes any mold
release agents containing a class II
substance as a propellant must provide
written notification to the purchaser
prior to the sale that "It is a violation
of federal law to sell mold release
agents containing
hydrochlorofluorocarbons as propel-
lants to anyone, except for use in appli-
cations where no other alternative ex-
cept a class I substance is available.
The penalty for violating this prohibi-
tion can be up to $25,000 per unit sold."
Written notification may be placed on
sales brochures, order forms, invoices
and the like.
(i) Effective January 1, 1994. any per-
son who sells or distributes any wasp
and hornet spray containing a class II
substance must provide written notifi-
cation to the purchaser prior to the
sale that "it is a violation of federal
law to sell or distribute wasp and hor-
net sprays containing
hydrochlorofluorocarbons as solvents
to anyone, except for use near high-
tension power lines where no other al-
ternative except a class I substance is
available. The penalty for violating
this prohibition can be up to $25,000 per
unit sold." Written notification may be
placed on sales brochures, order forms,
invoices and the like.
[58 FR 69675. Dec. 30. 1993. as amended at 61
FR 64427, Dec. 4. 1996)
§82.70 Nonessentiai Class II products
and exceptions.
The following products which release
a class II substance (as designated as
class II in 40 CFR part 82, appendix B to
subpart A) are identified as being non-
essential and the sale or distribution of
such products is prohibited under §82.64
(d), (e),or(0-
(a) Any aerosol product or other pres-
surized dispenser which contains a
class II substance:
(1) Including but not limited to
household, industrial, automotive and
pesticide uses:
(2) Except—
(i) Medical devices listed in 21 CFR
2.125(e);
(ii) Lubricants, coatings or cleaning
fluids for electrical or electronic equip-
ment, which contain class II sub-
stances for solvent purposes, but which
contain no other class II substances:
(iii) Lubricants, coatings or cleaning
fluids used for aircraft maintenance,
397
-------
§ 82.80
which contain class II substances for
solvent purposes but which contain no
other class II substances;
(iv) Mold release agents used in the
production of plastic and elastomeric
materials, which contain class II sub-
stances for solvent purposes but which
contain no other class II substances,
and/or mold release agents that con-
tain HCFC-22 as a propellant where
evidence of good faith efforts to secure
alternatives indicates that, other than
a class I substance, there are no suit-
able alternatives:
(v) Spinnerette lubricants/cleaning
sprays used in the production of syn-
thetic fibers, which contain class II
substances for solvent purposes and/or
contain class II substances for propel-
lant purposes;
(vi) Document preservation sprays
which contain HCFC-141b as a solvent,
but which contain no other class II
substance: and/or which contain HCFC-
22 as a propellant, but which contain
no other class II substance and which
are used solely on thick books, books
with coated, dense or paper and tightly
bound documents;
(vii) Portable fire extinguishing
equipment used for non-residential ap-
plications; and
(viii) Wasp and hornet sprays for use
near high-tension power lines that con-
tain a class II substance for solvent
purposes only, but which contain no
other class II substances.
(b) Any aerosol or pressurized dis-
penser cleaning fluid for electronic and
photographic equipment which con-
tains a class II substance, except for
those sold or distributed to a commer-
cial purchaser.
(c) Any plastic foam product which
contains, or is manufactured with, a
class II substance,
(1) Including but not limited to
household, industrial, automotive and
pesticide uses.
(2) Except—
(i) Anv foam insulation product, as
defined in§82.62(h); and
(ii) Integral skin foam utilized to
provide for motor vehicle safety in ac-
cordance with Federal Motor Vehicle
Safety Standards until January 1, 1996,
after which date such products are
identified as nonessentiai and may
only be sold or distributed or offered
40 CFR Ch. I (7-1-97 Edition)
for sale or distribution in interstate
commerce in accordance with §82.6S(d).
[58 FR 69675. Dec. 30. 1993. as amended at 61
FR 64427. Dec. 4, 1996)
Subpart D—Federal Procurement
SOURCE: 58 FR 54898, Oct. 22. 1993, unless
otherwise noted.
§82.80 Purpose and scope.
(a) The purpose of this subpart is to
require Federal departments, agencies.
and instrumentalities to adopt pro-
curement regulations which conform to
the policies and requirements of title
VI of the Clean Air Act as amended,
and which maximize the substitution
in Federal procurement of safe alter-
natives, as identified under section 612
of the Clean Air Act, for class I and
class II substances.
(b) The regulations in this subpart
apply to each department, agency, and
instrumentality of the United States.
§82.82 Definitions.
(a) Class I substance means any sub-
stance designated as class I by EPA
pursuant to 42 U.S.C. 7671 (a), including
but not limited to chlorofluorocarbons,
halons. carbon tetrachloride and meth-
yl chloroform.
(b) Class II substance means any sub-
stance designated as class II by EPA
pursuant to 42 U.S.C, 7671{a). including
but not limited to
hydrochlorofluorocarbons.
(c) Controlled substance means a class
1 or class II ozone-depleting substance.
(d) Department, agency and instrumen-
tality of the United States refers to any
executive department, military depart-
ment, or independent establishment
within the meaning of 5 U.S.C. 101. 102,
and 104(1), respectively, any wholly
owned Government corporation, the
United States Postal Service and Post-
al Rate Commission, and all parts of
and establishments within the legisla-
tive and judicial branches of the United
States.
§ 82.84 Requirements.
(a) No later than October 24, 1994,
each department, agency and instru-
mentality of the United States shall
conform its procurement regulations to
398
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40 C.F.R. Part 82 Subpart D:
Federal Procurement
-------
-------
§82.80
40 CFR Ch. I (7-1-97 Edition)
which contain class II substances for
solvent purposes but which contain no
other class II substances:
(tv) Mold release agents used in the
production of plastic and elastomeric
materials, which contain class II sub-
stances for solvent purposes but which
contain no other class II substances,
and/or mold release agents that con-
tain HCFC-22 as a propellant where
evidence of good faith efforts to secure
alternatives indicates that, other than
a class I substance, there are no suit-
able alternatives:
(v) Spinnerette lubricants/cleaning
sprays used in the production of syn-
thetic fibers, which contain class II
substances for solvent purposes and/or
contain class II substances for propel-
lant purposes:
(vi) Document preservation sprays
which contain HCFC-141b as a solvent.
but which contain no other class II
substance; and/or which contain HCFC-
22 as a propellant. but which contain
no other class II substance and which
are used solely on thick books, books
with coated, dense or paper and tightly
bound documents:
(vii) Portable fire extinguishing
equipment used for non-residential ap-
plications; and
(viii) Wasp and hornet sprays for use
near high-tension power lines that con-
tain a class II substance for solvent
purposes only, but which contain no
other class II substances.
{b) Any aerosol or pressurized dis-
penser cleaning fluid for electronic and
photographic equipment which con-
tains a class II substance, except for
those sold or distributed to a commer-
cial purchaser.
(c) Any plastic foam product which
contains, or is manufactured with, a
class II substance.
(1) Including but not limited to
household, industrial, automotive and
pesticide uses.
(2) Except—
(i) Any foam insulation product, as
defined in §82.62{h); and
(ii) Integral skin foam utilized to
provide for motor vehicle safety in-ac-
cordance with Federal Motor Vehicle
Safety Standards until January 1. 1996.
after which date such products are
identified as nonessential and may
only be sold or distributed or offered
for sale or distribution in interstate
commerce in accordance with §82.65(d).
(51 FR CK7S. Dec. M. 19S3, as amended at 61
FR 84427, Dec. 4. 1996)
Subpart D—Federal Procurement
SOURCE: Si FR M8i8. Oct. 22. 1SS3, unless
otherwise noted,
§ 82.80 Purpose and scope.
(a) The purpose of this subpart is to
require Federal departments, agencies,
and instrumentalities to adopt pro-
curement regulations which conform to
the policies and requirements of title
VI of the Clean Air Act as amended,
and which maximize the substitution
in Federal procurement of safe alter-
natives, as identified under section 612
of the Clean Air Act, for class I and
class II substances,
(b) The regulations in this subpart
apply to each department, agency, and
instrumentality of the United States.
§82.82 Definitions.
(a) Class I substance means any sub-
stance designated as class I by EPA
pursuant to 42 U.S.C, 7671 (a), including
but not limited to chlorofluorocarbons,
halons. carbon tetrachloride and meth-
yl chloroform.
(b) Class II substance means any sub-
stance designated as class II by EPA
pursuant to 42 U.S.C. 7671 (a), including
but not limited to
hydrochlorofluorocarbons.
(c) Controlled substance means a class
I or class II ozone-depleting substance.
(d) Department, agency and instrumen-
tality of the United States refers to any
executive department, military depart-
ment, or independent establishment
within the meaning of 5 U.S.C, 101. 102.
and 104{1). respectively, any wholly
owned Government corporation, the
United States Postal Service and Post-
al Rate Commission, and all parts of
and establishments within the legisla-
tive and Judicial branches of the United
States.
§82.84 Requirements.
(a) No later than October 24. 1994,
each department, agency and instru-
mentality of the United States shall
conform its procurement regulations to
398
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Environmental Protection Agency
§82.102
the requirements and policies of title
VI of the Clean Air Act, 42 U.S.C. 7671-
767 lg. Each such regulation shall pro-
vide, at a minimum, the following:
(1) That in place of class I or class II
substances, or of products made with
or containing such substances, safe al-
ternatives identified under 42 U.S.C.
7671k (or products made with or con-
taining such alternatives) shall be sub-
stituted to the maximum extent prac-
ticable. Substitution is not required for
class II substances identified as safe al-
ternatives under 42 U.S.C. 7671k, or for
products made with or containing such
substances, and such substances may
be used as substitutes for other class I
or class II substances.
(2) That, consistent with the phase-
out schedules for ozone-depleting sub-
stances, no purchases shall be made of
class II substances, or products con-
taining class II substances, for the pur-
pose of any use prohibited under 42
U.S.C. 7671d"(c):
(3) That all active or new contracts
involving the performance of any serv-
ice or activity subject to 42 U.S.C.
7671g or 7671h or regulations promul-
gated thereunder include, or be modi-
fied to include, a condition requiring
the contractor to ensure compliance
with all requirements of those sections
and regulations:
(4) That no purchases shall be made
of products whose sale is prohibited
under 42 U.S.C. 7671h. except when they
will be used by persons certified under
section 609 to service vehicles, and no
purchase shall be made of nonessential
products as defined under 42 U.S.C.
7671i:
(5) That proper labeling under 42
U.S.C. 7671j shall be a specification for
the purchase of any product subject to
that section.
(b) For agencies subject to the Fed-
eral Acquisition Regulation. 48 CFR
part 1, amendment of the FAR, consist-
ent with this subpart. shall satisfy the
requirement of this section.
§ 82.86 Reporting requirements.
(a) No later than one year after Octo-
ber 22. !993. each agency, department.
and instrumentality of the United
States shall certify to the Office of
Management and Budget that its pro-
curement regulations have been
amended in accordance with this sec-
tion.
(b) Certification by the General Serv-
ices Administration that the Federal
Acquisition Regulation has been
amended in accordance with this sec-
tion shall constitute adequate certifi-
cation for purposes of all agencies sub-
ject to the Federal Acquisition Regula-
tion.
Subpart E—The Labeling of Prod-
ucts Using Ozone-Depleting
Substances
SOURCE: 60 FR 4020. Jan. 19, 1995, unless
otherwise noted.
§ 82.100 Purpose.
The purpose of this subpart is to re-
quire warning statements on contain-
ers of. and products containing or man-
ufactured with, certain ozone-depleting
substances, pursuant to section 611 of
the Clean Air Act. as amended,
§82.102 Applicability.
(a) In the case of substances des-
ignated as class I or class II substances
as of February 11. 1993. the applicable
date of the requirements in this para-
graph (a) is May 15, 1993. In the case of
any substance designated as a class I or
class II substance after February 11,
1993. the applicable date of the require-
ments in this paragraph (a) is one year
after the designation of such substance
as a class I or class II substance unless
otherwise specified in the designation.
On the applicable date indicated in this
paragraph (a), the requirements of this
subpart shall apply to the following
containers and products except as ex-
empted under paragraph (c) of this sec-
tion:
(1) All containers in which a class I
or class II substance is stored or trans-
ported.
(2) All products containing a class I
substance.
(3) All products directly manufac-
tured with a process that uses a class I
substance, unless otherwise exempted
by this subpart or. unless the Adminis-
trator determines for a particular prod-
uct that there are no substitute prod-
ucts or manufacturing processes for
such product that do not rely on the
399
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40 C.F.R. Part 82 Subpart E:
The Labeling of Products
Ozone-Depleting
-------
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Environmental Protection Agency
§82.102
the requirements and policies of title
VI of the Clean Atr Act. 42 U.S.C. 7671-
7671g. Each such regulation shall pro-
vide, at a minimum, the following:
(1) That in place of class I or class II
substances, or of products made with
or containing such substances, safe al-
ternatives identified under 42 U.S.C.
7671k (or products made with or con-
taining such alternatives) shall be sub-
stituted to the maximum extent prac-
ticable. Substitution is not required for
class II substances identified as safe al-
ternatives under 42 U.S.C. 7671k. or for
products made with or containing such
substances, and such substances may
be used as substitutes for other class I
or class II substances,
(2) That, consistent with the phase-
out schedules for ozone-depleting sub-
stances, no purchases shall be made of
class II substances, or products con-
taining class II substances, for the pur-
pose of any use prohibited under 42
U.S.C- 7671d"(c);
(3) That all active or new contracts
involving the performance of any serv-
ice or activity subject to 42 U.S.C,
7671g or 7671h or regulations promul-
gated thereunder include, or be modi-
fied to include, a condition requiring
the contractor to ensure compliance
with all requirements of those sections
and regulations:
(4) That no purchases shall be made
of products whose sale is prohibited
under 42 U.S.C. 7671h. except when they
will be used by persons certified under
section 609 to service vehicles, and no
purchase shall be made of nonessential
products as defined under 42 U.S.C.
7671i:
(5) That proper labeling under 42
U.S.C. 7671j shall be a specification for
the purchase of any product subject to
that section.
(b) For agencies subject to the Fed-
eral Acquisition Regulation, 48 CFR
part 1. amendment of the FAR. consist-
ent with this subpart. shall satisfy the
requirement of this section.
§ 82.86 Reporting requirements.
(a) No later than one year after Octo-
ber 22, 1993, each agency, department.
and instrumentality of the United
States shall certify to the Office of
Management and Budget that its pro-
curement regulations have been
amended in accordance with this sec-
tion.
(b) Certification by the General Serv-
ices Administration that the Federal
Acquisition Regulation has b«en
amended in accordance with this sec-
tion shall constitute adequate certifi-
cation for purposes of all agencies sub-
ject to the Federal Acquisition Regula-
tion.
Subpart E—The Labeling of Prod-
ucts Using Ozone-Depleting
Substances
SOURCE: 60 FR 4020. Jan. 19. 1935. unless
otherwise noted.
§82.100 Purpose.
The purpose of this subpart is to re-
quire warning statements on contain-
ers of, and products containing or man-
ufactured with, certain ozone-depleting
substances, pursuant to section 611 of
the Clean Air Act. as amended.
§82.102 Applicability.
(a) In the case of substances des-
ignated as class I or class II substances
as of February 11. 1993. the applicable
date of the requirements in this para-
graph (a) is May 15, 1993. In the case of
any substance designated as a class I or
class [I substance after February II.
1993. the applicable date of the require-
ments in this paragraph (a) is one year
after the designation of such substance
as a class I or class II substance unless
otherwise specified in the designation.
On the applicable date indicated in this
paragraph (a), the requirements of this
subpart shall apply to the following
containers and products except as ex-
empted under paragraph (c) of this sec-
tion:
(1) All containers in which a class I
or class II substance is stored or trans-
ported.
(2) All products containing a class I
substance,
(3) All products directly manufac-
tured with a process that uses a class I
substance, unless otherwise exempted
by this subpart or, unless the Adminis-
trator determines for a particular prod-
uct that there are no substitute prod-
ucts or manufacturing processes for
such product that do not rely on the
399
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§82,104
40 CFR Ch. I (7-1-97 Edition)
use of a class I substance, that reduce
overall risk to human health and the
environment, and that are currently or
potentially available. If the Adminis-
trator makes such a determination for
a particular product, then the require-
ments of this subpart are effective for
such product no later than Januarv 1.
2015.
(b) Applicable January 1. 2015 in any
case, or one year after any determina-
tion between May 15. 1993 and January
1. 2015. by the Administrator for a par-
ticular product that there are sub-
stitute products or manufacturing
processes for such product that do not
rely on the use of a class I or class II
substance, that reduce the overall risk
to human health and the environment,
and that are currently or potentially
available, the requirements of this sub-
part shall apply to the following:
(1) All products containing a class II
substance.
(2) All products manufactured with a
process that uses a class II substance.
(c) The requirements of this subpart
shall not apply to products manufac-
tured prior to May 15, 1993. provided
that the manufacturer submits docu-
mentation to EPA upon request show-
ing that the product was manufactured
prior to that date.
§82.104 Definitions.
(a) Class I substance means any sub-
stance designated as class I in 40 CFR
part 82. appendix A to subpart A. in-
cluding chlorofluorocarbons. halons.
carbon tetrachloride and methyl chlo-
roform and any other substance so des-
ignated by the Agency at a later date.
(b) Class // substance means any sub-
stance designated as class II in 40 CFR
part 82. appendix A to subpart A. in-
cluding hydrochlorofluorocarbons and
any other substance so designated by
the Agency at a later date.
{c) Completely destroy means to cause
the destruction of a controlled sub-
stance by one of the five destruction
processes approved by the Parties at a
demonstrable destruction efficiency of
98 percent or more or a greater destruc-
tion efficiency if required under other
applicable federal regulations.
(d) Consumer means a commercial or
non-commercial purchaser of a product
or container that has been introduced
into interstate commerce.
(e) Container means the immediate
vessel in which a controlled substance
is stored or transported.
(f) Container containing means a con-
tainer that physically holds a con-
trolled substance within its structure
that is intended to be transferred to
another container, vessel or piece of
equipment in order to realize its in-
tended use.
(g) Controlled substance means a class
I or class II ozone-depleting substance,
(h) Destruction means the expiration
of a controlled substance, that does not
result in a commercially useful end
product using one of the following con-
trolled processes in a manner that
complies at a minimum with the "Code
of Good Housekeeping" of Chapter 5.5
of the United Nations Environment
Programme (UNEP) report entitled,
Ad-Hoc Technical Advisory Committee on
ODS Destruction Technologies, as well as
the whole of Chapter 5 from that re-
port, or with more stringent require-
ments as applicable. The report is
available from the Environmental Pro-
tection Agency. Public Docket A-91-60.
401 M Street'. SW.. Washington, DC
20460 The controlled processes are:
(I) Liquid injection incineration:
(2) Reactor cracking:
(3) Gaseous/fume oxidation:
(4) Rotary kiln incineration: or
(5) Cement kiln.
(i) Distributor means a person to
whom a product is delivered or sold for
purposes of subsequent resale, delivery
or export.
(j) Export means the transport of vir-
gin, used, or recycled class I or class II
substances or products manufactured
or containing class I or class II sub-
stances from inside the United States
or Its territories to persons outside the
United States or its territories, exclud-
ing United States military bases and
ships for on-board use.
(k) Exporter means the person who
contracts to sell class I or class II sub-
stances or products manufactured with
or containing class I or class II sub-
stances for export or transfers such
substances or products to his affiliate
in another country.
(1) Import means to land on. bring
into, or introduce into, or attempt to
400
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Environmental Protection Agency
§82.104
land on, bring Into, or introduce into
any place subject to the jurisdiction of
the United States whether or not such
landing, bringing, or introduction con-
stitutes an importation within the
meaning of the customs laws of the
United States, with the exception of
temporary off-loading of products man-
ufactured with or containers contain-
ing class I or class II substances from a
ship are used for servicing of that ship.
(m) Importer means any person who
imports a controlled substance, a prod-
uct containing a controlled substance,
a product manufactured with a con-
trolled substance, or any other chemi-
cal substance (including a chemical
substance shipped as part of a mixture
or article), into the United States.
"Importer" includes the person pri-
marilv liable for the payment of any
duties on the merchandise or an au-
thorized agent acting on his or her be-
half. The term also includes, as appro-
priate:
(1) The consignee:
(2) The importer of record listed on
U.S. Customs Service forms for the im-
port;
(3) The actual owner if an actual
owners declaration and superseding
bond has been filed: or
(4) The transferee, if the right to
draw merchandise in a bonded ware-
house has been transferred.
(n) Interstate commerce means the dis-
tribution or transportation of any
product between one state, territory.
possession or the District of Columbia,
and another state, territory', possession
or the District of Columbia, or the sale,
use or manufacture of any product in
more than one state, territory, posses-
sion or District of Columbia. The entry
points for which a product is intro-
duced into interstate commerce are the
release of a product from the facility in
which the product was manufactured.
the entry into a warehouse from which
the domestic manufacturer releases
the product for sale or distribution.
and at the site of United States Cus-
toms clearance.
(o) Manufactured with a controlled sub~
stance means that the manufacturer of
the product itself used a controlled
substance directly in the product's
manufacturing, but the product itself
does not contain more than trace quan-
tities of the controlled substance at
the point of introduction into inter-
state commerce. The following situa-
tions are excluded from the meaning of
the phrase "manufactured with" a con-
trolled substance:
(1) Where a product has not had phys-
ical contact with the controlled sub-
stance;
(2) Where the manufacturing equip-
ment or the product has had physical
contact with a controlled substance in
an intermittent manner, not as a rou-
tine part of the direct manufacturing
process:
(3) Where the controlled substance
has been transformed, except for trace
quantities: or
(4) Where the controlled substance
has been completely destroyed.
(p) Potentially available means that
adequate information exists to make a
determination that the substitute is
technologically feasible. environ-
mentally acceptable and economically
viable.
(q) Principal display panel (PDP)
means the entire portion of the surface
of a product, container or its outer
packaging that is most likely to be dis-
played, shown, presented, or examined
under customary conditions of retail
sale. The area of the PDP is not lim-
ited to the portion of the surface cov-
ered with existing labeling; rather it
includes the entire surface, excluding
flanges, shoulders, handles, or necks.
(r) Product means an item or cat-
egory of items manufactured from raw
or recycled materials, or other prod-
ucts, which is used to perform a func-
tion or task.
(s) Product containing means a prod-
uct including, but not limited to. con-
tainers, vessels, or pieces of equipment,
that physically holds a controlled sub-
stance at the point of sale to the ulti-
mate consumer which remains within
the product.
(t) Promotional printed material means
any informational or advertising mate-
rial (including, but not limited to,
written advertisements, brochures, cir-
culars, desk references and fact sheets)
that is prepared bv the manufacturer
for display or promotion concerning a
product or container, and that does not
accompany the product to the
consumer.
401
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§82.106
40 CFR Ch. I (7-1-97 Edition)
(u) Retailer means a person to whom
a product is delivered or sold, if such
delivery or sale is for purposes of sale
or distribution in commerce to con-
sumers who buy such product for pur-
poses other than resale.
(v) Spare parts means those parts that
are supplied by a manufacturer to an-
other manufacturer, distributor, or re-
tailer, for purposes of replacing similar
parts with such parts in the repair of a
product.
(w) Supplemental printed material
means any informational material (in-
cluding, but not limited to. package in-
serts, fact sheets, invoices, material
safety data sheets, procurement and
specification sheets, or other material)
which accompanies a product or con-
tainer to the consumer at the time of
purchase.
(x) Transform means to use and en-
tirely consume a class I or class II sub-
stance, except for trace quantities, by
changing it into one or more sub-
stances not subject to this subpart in
the manufacturing process of a product
or chemical.
(y| Type size means the actual height
of the printed image of each capital
letter as it appears on a label.
(z) Ultimate consumer means the first
commercial or non-commercial pur-
chaser of a container or product that is
not intended for re-mtroduction into
interstate commerce as a final product
or as part of another product.
(aa) Warning label means the warning
statement required by section 611 of
the Act. The term warning statement
shall be synonymous with warning
label for purposes of this subpart.
(bb) Waste means, for purposes of this
subpart. items or substances that are
discarded with the intent that such
items or substances will serve no fur-
ther useful purpose.
(cc) Wholesaler means a person to
whom a product is delivered or sold, if
such delivery or sale is for purposes of
sale or distribution to retailers who
buy such product for purposes of resale.
§82.106 Warning statement require-
ments,
(aj Required warning statements. Un-
less otherwise exempted by this sub-
part, each container or product identi-
fied in §82.103 (a) or (b) shall bear the
following warning statement, meeting
the requirements of this subpart for
placement and form:
WARNING: Contains [or Manufactured
with, if applicable) {insert name of substance!,
a substance which harms public health and
environment by destroying ozone In the
upper atmosphere.
(b) Exemptions from warning label re-
quirement. The following products need
not bear a warning label;
(1) Products containing trace quan-
tities of a controlled substance remain-
ing as a residue or impurity due to a
chemical reaction, and where the con-
trolled substance serves no useful pur-
pose in or for the product itself. How-
ever, if such product was manufactured
using the controlled substance, the
product is required to be labeled as a
"product manufactured with" the con-
trolled substance, unless otherwise ex-
empted:
(2) Containers containing a con-
trolled substance in which trace quan-
tities of that controlled substance re-
main as a residue or impurity:
(3) Waste containing controlled sub-
stances or blends of controlled sub-
stances bound for discard:
(4) Products manufactured using
methyl chloroform or CFC-113 by per-
sons who can demonstrate and certify a
95% reduction in overall usage from
their 1990 calendar year usage of meth-
yl chloroform or CFC-113 as solvents
during a twelve (12) month period end-
ing within sixty (60) days of such cer-
tification or during the most recently
completed calendar year. In calculat-
ing such reduction, persons may sub-
tract from quantities used those quan-
tities for which they possess accessible
data that establishes the amount of
methyl chloroform or CFC-113 trans-
formed. Such subtraction must be per-
formed for both the applicable twelve
month period and the 1990 calendar
year. If at any time future usage ex-
ceeds the 95% reduction, all products
manufactured with methyl chloroform
or CFC-113 as solvents by that person
must be labeled immediately. No per-
son may qualify for this exemption
after May 15. 1994:
(5) Products intended only for export
outside of the United States shall not
be considered "products introduced
into interstate commerce" provided
402
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Environmental Protection Agency
such products are clearly designated as
intended for export only:
(6) Products that are otherwise not
subject to the requirements of this sub-
part that are being repaired, using a
process that uses a controlled sub-
stance.
(7) Products, processes, or substitute
chemicals undergoing research and de-
velopment, bv which a controlled sub-
stance is used. Such products must be
labeled when they are introduced into
interstate commerce.
(c) Interference with other required la-
beling information. The warning state-
ment shall not interfere with, detract
from, or mar any labeling information
required on the labeling by federal or
state law,
§82.108 Placement of warning state-
ment.
The warning statement shall be
placed so as to satisfy the requirement
of the Act that the warning statement
be "clearly legible and conspicuous."
The warning statement is clearly leg-
ible and conspicuous if it appears with
such prominence and conspicuousness
as to render it likely to be read and un-
derstood by consumers under normal
conditions of purchase. Such placement
includes, but is not limited to. the fol-
lowing:
(a) Display pane! placement. For any
affected product or container that has
a display panel that is normally viewed
by the purchaser at the time of the
purchase, the warning statement de-
scribed in §82.106 may appear on any
such display panel of the affected prod-
uct or container such that it is "clear-
ly legible and conspicuous" at the time
of the purchase. If the warning state-
ment appears on the principal display
panel or outer packaging of any such
affected product or container, the
warning statement shall qualify as
"clearly legible and conspicuous." as
long as the label also fulfills all other
requirements of this subpart and is not
obscured by any outer packaging, as
required by paragraph (b) of this sec-
tion. The warning statement need not
appear on such display panel if either:
(1) The warning statement appears on
the outer packaging of the product or
container, consistent with paragraph
§82.108
(b) of this section, and is clearly legible
and conspicuous: or
(2) The warning statement is placed
in a manner consistent with paragraph
(c) of this section.
(b) Outer packaging. If the product or
container is normally packaged.
wrapped, or otherwise covered when
viewed by the purchaser at the time of
the purchase the warning statement
described in §82.106 shall appear on any
outer packaging, wrapping or other
covering used in the retail display of
the product or container, such that the
warning statement is clearly legible
and conspicuous at the time of the pur-
chase. If the outer packaging has a dis-
play panel that is normally viewed by
the purchaser at the time of the pur-
chase, the warning statement shall ap-
pear on such display panel. If the warn-
ing statement so appears on such prod-
uct's or container's outer packaging, it
need not appear on the surface of the
product or container, as long as the
statement also fulfills all other re-
quirements of this subpart. The warn-
ing statement need not appear on such
outer packaging if either:
(1) The warning statement appears on
the surface of the product or container.
consistent with paragraph (a) of this
section, and is clearly legible and con-
spicuous through any outer packaging.
wrapping or other covering used in dis-
play: or
(2) The warning statement is placed
in a manner consistent with paragraph
(c) of this section.
(c) Alternative placement. The warning
statement may be placed on a hang
tag, tape. card, sticker, invoice, bill of
lading, supplemental printed material.
or similar overlabeling that is securely
attached to the container, product.
outer packaging or display case, or ac-
companies the product containing or
manufactured with a controlled sub-
stance or a container containing class I
or class II substances through its sale
to the consumer or ultimate consumer.
For prescription medical products that
have been found to be essential for pa-
tient health by the Food and Drug Ad-
ministration, the warning statement
may be placed in supplemental printed
material intended to be read by the
prescribing physician, as long as the
following statement is placed on the
403
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§82.110
40 CFR Ch. I (7-1-97 Edition)
product, its packaging, or supple-
mental printed material Intended to be
read by the patient: "This product con-
tains [insert name of substance), a sub-
stance which harms the environment
by depleting ozone in the upper atmos-
phere." In any case, the warning state-
ment must be clearly legible and con-
spicuous at the time of the purchase,
(d) Products not viewed by the pur-
e/laser at the time of purchase. Where the
purchaser of a product cannot view a
product, its packaging or alternative
labeling such that the warning state-
ment is clearly legible and conspicuous
at the time of purchase, as specified
under paragraphs (a), (b). or (c) of this
section, the warning statement may be
placed in the following manner:
(1) Where promotional printed mate-
rial is prepared for display or distribu-
tion, the warning statement may be
placed on such promotional printed
material such that it is clearly legible
and conspicuous at the time of pur-
chase; or
(2) The warning statement may be
placed on the product, on its outer
packaging, or on alternative labeling,
consistent with paragraphs (a), (b). or
(c) of this section, such that the warn-
ing statement is clearly legible and
conspicuous at the time of product de-
livery, if the product may be returned
by the purchaser at or after the time of
delivery or if the purchase is not com-
plete until the time of delivery (e.g..
products delivered C.O.D.).
§82.110 Form of label bearing warning
statement.
la) Conspicuousness and contrast. The
warning statement shall appear in con-
spicuous and legible type by typog-
raphy, layout, and color with other
printed matter on the label. The warn-
ing statement shall appear in sharp
contrast to any background upon
which it appears. Examples of com-
binations of colors which may not sat-
isfy the proposed requirement for sharp
contrast are: black letters on a dark
blue or dark green background, dark
red letters on a light red background.
light red letters on a reflective silver
background, and white letters on a
light gray or tan background.
{b) Name of substance. The name of
the class I or class II substance to be
inserted into the warning statement
shall be the standard chemical name of
the substance as listed in 40 CFR part
82. appendix A to subpart A. except
that:
(1) The acronym "CFC" may be sub-
stituted for "chlorofluorocarbon."
(2) The acronym "HCFC" may be sub-
stituted for
"hydrochlorofluorocarbon."
(3) The term "1.1.1-trichloroethane"
may be substituted for "methyl chloro-
form."
(c) Combined statement for multiple
class I substances. If a container con-
taining or a product contains or is
manufactured with, more than one
class I or class II substance, the warn-
ing statement may include the names
of all of the substances in a single
warning statement, provided that the
combined statement clearly distin-
guishes which substances the container
or product contains and which were
used in the manufacturing process.
(d) Format. (1) The warning statement
shall be blocked within a square or rec-
tangular area, with or without a bor-
der. (2) The warning statement shall
appear in lines that are parallel to the
surrounding text on the product's PDF,
display panel, supplemental printed
material or promotional printed mate-
rial.
(e) Type style. The ratio of the height
of a capital letter to its width shall be
such that the height of the letter is no
more than 3 times its width: the signal
word "WARNING" shall appear in all
capital letters.
(0 Type size. The warning statement
shall appear at least as large as the
type sizes prescribed by this paragraph.
The type size refers to the height of the
capital letters. A larger type size mate-
rially enhances the legibility of the
statement and is desirable.
(1) Display panel or outer packaging.
Minimum type size requirements for
the warning statement are given in
Table 1 to this paragraph and are based
upon the area of the display panel of
the product or container. Where the
statement is on outer packaging, as
well as the display panel area, the
statement shall appear in the same
minimum type size as on the display
panel.
404
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Environmental Protection Agency
TABLE 1 To§82.iio(fMD
§82.112
Type sura (m.) *
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Ama ot display panel (sq. In,)
0-2
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H.
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v*«
>10-15
%•
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slS-30
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-------
§82.114
40 CFR Ch. I (7-1-97 Edition)
§82.114 Compliance by manufacturers
and importers with requirements
for labeling of containers of con-
trolled substances, or products con-
taining controlled substances.
(a) Compliance by manufacturers and
importers with requirements for labeling
of containers of controlled substances, or
products containing controlled sub-
stances. Each manufacturer of a prod-
uct incorporating another product or
container containing a controlled sub-
stance, to which §82.102 (a)(l). or, (a)(2)
or (b)(l) applies, that is purchased or
obtained from another manufacturer or
supplier, is required to pass through
and incorporate the labeling informa-
tion that accompanies such incor-
porated product in a warning state-
ment accompanying the manufactur-
er's finished product. Each importer of
a product, or container containing a
controlled substance, to which §82.102
(a)(l). (a)(2). or (b)(l) applies, including
a component product or container in-
corporated into the product, that is
purchased from a foreign manufacturer
or supplier, is required to apply a label,
or to ensure that a label has been prop-
erly applied, at the site of U.S. Cus-
toms clearance.
(b) Reliance on reasonable belief. The
manufacturer or importer of a product
that incorporates another product con-
tainer from another manufacturer or
supplier may rely on the labeling infor-
mation (or lack thereof) that it re-
ceives with the product, and is not re-
quired to independently investigate
whether the requirements of this sub-
part are applicable to such purchased
product or container, as long as the
manufacturer reasonably believes that
the supplier or foreign manufacturer is
reliably and accurately complying with
the requirements of this subpart.
(c) Contractual obligations. A manu-
facturer's or importer's contractual re-
lationship with its supplier under
which the supplier is required to accu-
rately label, consistent with the re-
quirements of this subpart, any prod-
ucts containing a controlled substarlce
or containers of a controlled substance
that are supplied to the manufacturer
or importer, is evidence of reasonable
belief.
§82.116 Compliance by manufacturers
or importers incorporating prod-
ucts manufactured with controlled
substances.
(a) Compliance by manufacturers or im-
porters incorporating products manufac-
tured with controlled substances, or im-
porting products manufactured with con-
trolled substances. Each manufacturer
or importer of a product incorporating
another product to which §82,102 (a) (3)
or (b)(2) applies, that is purchased from
another manufacturer or supplier, is
not required to pass through and incor-
porate the labeling information that
accompanies such incorporated product
in a warning statement accompanying
the manufacturer's or importer's fin-
ished product. Importers of products to
which §82.102 (a) (3) or (b)(2) applies are
required to apply a label, or to ensure
that a label has been properly applied
at the site of U.S. Customs clearance.
(b) Reliance on reasonable belief. The
importer of a product purchased or ob-
tained from a foreign manufacturer or
supplier, which product may have been
manufactured with a controlled sub-
stance, may rely on the information
that it receives with the purchased
product, and is not required to inde-
pendently investigate whether the re-
quirements of this subpart are applica-
ble to the purchased or obtained prod-
uct, as long as the importer reasonably
believes that there was no use of con-
trolled substances by the final manu-
facturer of the product being imported.
(c) Contractual obligations. An import-
er's contractual relationship with its
supplier under which the supplier is re-
quired to accurately label, consistent
with the requirements of this subpart,
any products manufactured with a con-
trolled substance that are supplied to
the importer, or to certify to the im-
porter whether a product was or was
not manufactured with a controlled
substance is evidence of reasonable be-
lief,
§82.118 Compliance by wholesalers,
distributors and retailers.
(a) Requirement of compliance by
wholesalers, distributors and retailers. All
wholesalers, distributors and retailers
of products or containers to which this
subpart applies are required to pass
through the labeling information that
406
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Environmental Protection Agency
§82.120
accompanies the produce, except those
purchasing from other manufacturers
or suppliers spare parts manufactured
with controlled substances and selling
those parts for the demonstrable sole
purpose of repair.
(b) Reliance on reasonable belief. The
wholesaler, distributor or retailer of a
product may rely on the labeling infor-
mation that it receives with the prod-
uct or container, and is not required to
independently investigate whether the
requirements of this subpart are appli-
cable to the product or container, as
Jong as the wholesaler, distributor or
retailer reasonably believes that the
supplier of the product or container is
reliably and accurately complying with
the requirements of this subpart.
(c) Contractual obligations. A whole-
saler, distributor or retailer's contrac-
tual relationship with its supplier
under which the supplier is required to
accurately label, consistent with the
requirements of this subpart. any prod-
ucts manufactured with a controlled
substance that are supplied to the
wholesaler, distributor or retailer is
evidence of reasonable belief.
§82.120 Petitions.
(a) Requirements for procedure and tim-
ing. Persons seeking to apply the re-
quirements of this regulation to a
product containing a class II substance
or a product manufactured with a class
I or a class II substance which is not
otherwise subject to the requirements.
or to temporarily exempt a product
manufactured with a class I substance.
based on a showing of a lack of cur-
rently or potentially available alter-
natives, from the requirements of this
regulation may submit petitions to:
Labeling Program Manager, Strato-
spheric Protection Division. Office of
Atmospheric Programs. U.S. Environ-
mental Protection Agency. 6202-J. 401
M Street. S.W.. Washington. D.C. 20460.
Such persons must label their products
while such petitions are under review
by the Agency.
(b) Requirement for adequate data. Any
petition submitted under paragraph Ta)
of this section shall be accompanied by
adequate data, as defined in §S2.!2Q{c).
If adequate data are not included by
the petitioner, the Agency may return
the petition and request specific addi-
tional information.
(c) Adequate data. A petition shall be
considered by the Agency to be sup-
ported by adequate data if it includes
all of the following:
(1) A part clearly labeled "Section
LA." which contains the petitioners
full name, company or organization
name, address and telephone number.
the product that is the subject of the
petition, and. in the case of a petition
to temporarily exempt a product man-
ufactured with a class I substance from
the labeling requirement, the manufac-
turer or manufacturers of that product.
(2) For petitions to temporarily ex-
empt a product manufactured with a
class I substance only, a part clearly
labeled "Section I.A.T." which states
the length of time for which an exemp-
tion is requested.
(3) A part clearly labeled "Section
I.B." which includes the following
statement, signed by the petitioner or
an authorized representative:
"I certify under penalty of law that I
have personally examined and am fa-
miliar with the information submitted
in this petition and all attached docu-
ments, and that, based on my inquiry
of those individuals immediately re-
sponsible for obtaining the Informa-
tion. I believe that the submitted infor-
mation is true, accurate, and complete,
I am aware that there are significant
penalties for submitting false informa-
tion."
(4) A part clearly labeled "Section
I.C." which fully explains the basis for
the petitioner's request that EPA add
the labeling requirements to or remove
them from the product which is the
subject of the petition, based specifi-
cally upon the technical facility or lab-
oratory tests, literature, or economic
analysis described in paragraphs (c) (5).
(6) and (7) of this section.
(5) A part clearly labeled "Section
II.A." which fully describes any tech-
nical facility or laboratory tests used
to support the petitioner's claim.
(6) A part clearly labeled "Section
II.B." which fully explains any values
taken from literature or estimated on
the basis of known information that
are used to support the petitioner's
claim.
407
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§82.122
40 CFR Ch. I (7-1-97 Edition)
{7} A part clearly labeled "Section
II.C." which fully explains any eco-
nomic analysis used to support the pe-
titioner's claim.
(d) Criteria for evaluating petitions.
Adequate data in support of any peti-
tion to the Agency to add a product to
the labeling requirement or tempo-
rarily remove a product from the label-
ing requirement will be evaluated
based upon a showing of sufficient
quality and scope by the petitioner of
whether there are or are not substitute
products or manufacturing processes
for such product:
(1) That do not rely on the use of
such class I or class II substance:
(2) That reduce the overall risk to
human health and the environment:
and
(3) That are currently or potentially
available.
(e) Procedure for acceptance or denial
of petition. (1) If a petition submitted
under this section contains adequate
data, as defined under paragraph (c) of
this section, the Agency shall within
180 days after receiving the complete
petition either accept the petition or
deny the petition.
(2) If the Agency makes a decision to
accept a petition to apply the require-
ments of this regulation to a product
containing or manufactured with a
class II substance, the Agency will no-
tify the petitioner and publish a pro-
posed rule in the FEDERAL REGISTER to
apply the labeling requirements to the
product.
(3) If the Agency makes a decision to
deny a petition to apply the require-
ments of this regulation to a product
containing or manufactured with a
class II substance, the Agency will no-
tify the petitioner and publish an ex-
planation of the petition denial in the
FEDERAL REGISTER.
(4) If the Agency makes a decision to
accept a petition to temporarily ex-
empt a product manufactured with a
class I substance from the require-
ments of this regulation, the Agency
will notify the petitioner and publish a
proposed rule in the FEDERAL REGISTER
to temporarily exempt the product
from the labeling requirements. Upon
notification by the Agency, such manu-
facturer may immediately cease its la-
beling process for such exempted prod-
ucts.
(5) If the Agency makes a decision to
deny a petition to temporarily exempt
a product manufactured with a class I
substance from the requirements of
this regulation, the Agency will notify
the petitioner and may. in appropriate
circumstances, publish an explanation
of the petition denial in the FEDERAL
REGISTER.
§82.122 Certification, recordkeeptng,
and notice requirements.
(a) Certification. (1) Persons claiming
the exemption provided in §82.106(b)(2)
must submit a written certification to
the following address: Labeling Pro-
gram Manager. Stratospheric Protec-
tion Division. Office of Atmospheric
Programs. 6205-J. 401 M Street, S.W..
Washington. D.C. 20460.
(2) The certification must contain
the following information:
(i) The exact location of documents
verifying calendar year 1990 usage and
the 95% reduced usage during a twelve
month period:
(ii) A description of the records
maintained at that location:
(iii) A description of the tvpe of sys-
tem used to track usage:
(iv) An indication of which 12 month
period reflects the 95% reduced usage.
and:
(v) Name, address, and telephone
number of a contact person.
(3) Persons who submit certifications
postmarked on or before May 15, 1993.
need not place warning labels on their
products manufactured using CFC-113
or methyl chloroform as a solvent. Per-
sons who submit certifications post-
marked after May 15. 1993, must label
their products manufactured using
CFC-113 or methyl chloroform as a sol-
vent for 14 days following such submit-
tal of the certification.
(4) Persons certifying must also in-
clude a statement that indicates their
future annual use will at no time ex-
ceed 5% of their 1990 usage.
(S) Certifications must be signed by
the owner or a responsible corporate
officer.
(6) If the Administrator determines
that a person's certification is incom-
plete or that information supporting
the exemption is inadequate, then
408
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Environmental Protection Agency
§82.124
products manufactured using CFC-113
or methyl chloroform as a solvent by
such person must be labeled pursuant
to S82.106(a).
(b) Recardkeeping, Persons claiming
the exemption under section 82.106(b)(2)
must retain supporting documentation
at one of their facilities.
(c) Notice Requirements, Persons who
claim an exemption under §82.106(b)(2)
must submit a notice to the address in
paragraph (a)(l) of this section within
30 days of the end of any 12 month pe-
riod in which their usage of CFC-113 or
methyl chloroform used as a solvent
exceeds the 95% reduction from cal-
endar year 1990.
§82.124 Prohibitions.
(a) Warning statement—(!) Absence or
presence of warning statement, (i) Appli-
cable May 15, 1993. except as indicated
in paragraph (a)(5) of this section, no
container or product identified in
§82.102(a) may be introduced into inter-
state commerce unless it bears a warn-
ing statement that complies with the
requirements of §82.106(a) of this sub-
part, unless such labeling is not re-
quired under §82.102(c), §82.106(b).
§82.112 (c) or (d), §82.116(a), §82.118(a).
or temporarily exempted pursuant to
§82.120.
(ii) On January i. 2015, or any time
between May 15, 1993 and January I.
2015 that the Administrator determines
for a particular product manufactured
with or containing a class II substance
that there are substitute products or
manufacturing processes for such prod-
uct that do not rely on the use of a
class I or class II substance, that re-
duce the overall risk to human health
and the environment, and that are cur-
rently or potentially available, no
product identified in §82,102(b) may be
introduced into interstate commerce
unless it bears a warning statement
that complies with the requirements of
§82.106, unless such labeling is not re-
quired under §82.106(b). §82.112 (c) or
(d). §82.116(a) or §82,118(a).
(2) Placement of warning statement, (i)
On May 15. 1993. except as indicated in
paragraph (a) (5) of this section, no con-
tainer or product identified in
§82.102(a) may be introduced into inter-
state commerce unless it bears a warn-
ing statement that complies with the
requirements of §82.108 of this subpart.
unless such labeling is not required
under §82.102(c). §82.106(b), §82.112 (c) or
(d). §82.116(a). §82.118(a). or temporarily
exempted pursuant to §82.120.
(ii) On January 1. 2015. or any time
between May 15. 1993 and January I.
2015 that the Administrator determines
for a particular product manufactured
with or containing a class II substance
that there are substitute products or
manufacturing processes for such prod-
uct that do not rely on the use of a
class I or class II substance, that re-
duce the overall risk to human health
and the environment, and that are cur-
rently or potentially available, no
product identified in §82.102{b) may be
introduced into interstate commerce
unless it bears a warning statement
that complies with the requirements of
§82,108 of this subpart. unless such la-
beling is not required under §82.106{b).
§82.112 (c) or (d). §82.116(a) or §82.118(a).
(3) Form of label bearing warning state-
ment, (i) Applicable May !5. 1993. except
as indicated in paragraph (a) (5) of this
section, no container or product identi-
fied in §82.102{a) may be introduced
into interstate commerce unless it
bears a warning statement that com-
plies with the requirements of §82.110.
unless such labeling is not required
pursuant to §82.102(c), §82.106(b), §82.112
(c) or (d). §82.116(a). §82.118(a), or tem-
porarily exempted pursuant to §82.120.
(ii) On January 1, 2015. or any time
between May 15. 1993 and January 1.
2015 that the Agency determines for a
particular product manufactured with
or containing a class II substance, that
there are substitute products or manu-
facturing processes that do not rely on
the use of a class I or class II sub-
stance, that reduce the overall risk to
human health and the environment.
and that are currently or potentially
available, no product identified in
§82.102(b) may be introduced into inter-
state commerce unless it bears a warn-
ing statement that complies with the
requirements of §82.110. unless such la-
beling is not required pursuant to
§82,106{b). §82.112 (c) or (d), §82.116(a),
or §82.H8(a).
(4) On or after May 15, 1993. no person
may modify, remove or interfere with
any warning statement required by
409
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§82.150
40 CFR Ch. I (7-1-97 Edition)
this subpart, except as described in
§82.112.
(5) In the case of any substance des-
ignated as a class I or class II sub-
stance after February 11. 1993. the pro-
hibitions in paragraphs (a)(l)(i).
(a)(2)(i). and (a)(3)(i) of this section
shall be applicable one year after the
designation of such substance as a
class I or class II substance unless oth-
erwise specified in the designation.
Subpart F—Recycling and
Emissions Reduction
SOURCE: 58 FR 28712. May 14. 1993. unless
otherwise noted.
§ 82.130 Purpose and scope.
(a) The purpose of this subpart is to
reduce emissions of class I and class II
refrigerants to the lowest achievable
level during the service, maintenance,
repair, and disposal of appliances in ac-
cordance with section 608 of the Clean
Air Act.
(b) This subpart applies to any person
servicing, maintaining, or repairing ap-
pliances except for motor vehicle air
conditioners. This subpart also applies
to persons disposing of appliances, in-
cluding motor vehicle air conditioners.
In addition, this subpart applies to re-
frigerant reclaimers, appliance owners.
and manufacturers of appliances and
recycling and recovery equipment.
§82.152 Definitions.
Appliance means any device which
contains and uses a class I or class II
substance as a refrigerant and which is
used for household or commercial pur-
poses, including any air conditioner.
refrigerator, chiller, or freezer.
Apprentice means any person who is
currently registered as an apprentice
in service, maintenance, repair, or dis-
posal of appliances with the U.S. De-
partment of Labor's Bureau of Appren-
ticeship and Training (or a State Ap-
prenticeship Council recognized by the
Bureau of Apprenticeship and Train-
ing). If more than two years have
elapsed since the person first registered
as an apprentice with the Bureau of
Apprenticeship and Training (or a
State Apprenticeship Council recog-
nized by the Bureau of Apprenticeship
and Training), the person shall not be
considered an apprentice.
Approved equipment testing organiza-
tion means any organization which has
applied for and received approval from
the Administrator pursuant to §82.160.
Certified refrigerant recovery or recy-
cling equipment means equipment cer-
tified by an approved equipment test-
ing organization to meet the standards
in §82.158 (b) or (d). equipment certified
pursuant to §82.36{a). or equipment
manufactured before November 15, 1993,
that meets the standards in §82.158 (c),
(e).or(g).
CommerciaJ refrigeration means, for
the purposes of §82.156{i), the refrigera-
tion appliances utilized in the retail
food and cold storage warehouse sec-
tors. Retail food includes the refrigera-
tion equipment found in supermarkets.
convenience stores, restaurants and
other food service establishments. Cold
storage includes the equipment used to
store meat, produce, dairy products,
and other perishable goods. All of the
equipment contains large refrigerant
charges, typically over 75 pounds.
Critical component means, for the pur-
poses of §82.556(9, a component with-
out which industrial process refrigera-
tion equipment will not function, will
be unsafe in its intended environment.
and/or will be subject to failures that
would cause the industrial process
served by the refrigeration appliance to
be unsafe.
Custom-built means, for the purposes
of §82.156(i), that the equipment or any
of its critical components cannot be
purchased and/or installed without
being uniquely designed, fabricated
and/or assembled to satisfy a specific
set of industrial process conditions.
Disposal means the process leading to
and including:
(1) The discharge, deposit, dumping
or placing of any discarded appliance
into or on any land or water:
(2) The disassembly of any appliance
for discharge, deposit, dumping or plac-
ing of its discarded component parts
into or on any land or water; or
(3) The disassembly of any appliance
for reuse of its component parts.
Follow-up verification test means, for
the purposes of §82.156(i). those tests
that involve checking the repairs with-
in 30 days of the appliance's returning
410
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40 C.F.R. Part 82 Subpart F:
Recycling and Emissions Reduction
-------
-------
§82.150
40 CFR Ch. I (7-1-97 Edition)
this subpart. except as described in
§82.112.
(5) In the case of any substance des-
ignated as a class I or class II sub-
stance after February 11. 1993. the pro-
hibitions in paragraphs (a)(l)(i),
(a)(2)(i). and (a)(3)(i) of this section
shall be applicable one year after the
designation of such substance as a
class I or class II substance unless oth-
erwise specified in the designation,
Subpart F—Recycling and
Emissions Reduction
SOURCE: 58 FR 28712. May 14. 1993, unless
otherwise noted.
§ 82.150 Purpose and scope.
(a) The purpose of this subpart is to
reduce emissions of class I and class II
refrigerants to the lowest achievable
level during the service, maintenance.
repair, and disposal of appliances in ac-
cordance with section 608 of the Clean
Air Act.
(b) This subpart applies to any person
servicing, maintaining, or repairing ap-
pliances except for motor vehicle air
conditioners. This subpart also applies
to persons disposing of appliances, in-
cluding motor vehicle air conditioners.
In addition, this subpart applies to re-
frigerant reclaimers, appliance owners,
and manufacturers of appliances and
recycling and recovery equipment.
§82.152 Definitions.
Appliance means any device which
contains and uses a class I or class II
substance as a refrigerant and which is
used for household or commercial pur-
poses, including any air conditioner.
refrigerator, chiller, or freezer.
Apprentice means any person who is
currently registered as an apprentice
in service, maintenance, repair, or dis-
posal of appliances with the U.S. De-
partment of Labor's Bureau of Appren-
ticeship and Training (or a State Ap-
prenticeship Council recognized by the
Bureau of Apprenticeship and Train-
ing). If more than two years have
elapsed since the person first registered
as an apprentice with the Bureau of
Apprenticeship and Training (or a
State Apprenticeship Council recog-
nized by the Bureau of Apprenticeship
and Training), the person shall not be
considered an apprentice.
Approved equipment testing organiza-
tion means any organization which has
applied for and received approval from
the Administrator pursuant to §82.160.
Certified refrigerant recovery or recy-
cling equipment means equipment cer-
tified by an approved equipment test-
ing organization to meet the standards
in §82.158 (b) or (d). equipment certified
pursuant to §82.36(a). or equipment
manufactured before November 15. 1993.
that meets the standards in §82.158 (c).
(e).or(g).
Commercial refrigeration means, for
the purposes of §82.156(1). the refrigera-
tion appliances utilized in the retail
food and cold storage warehouse sec-
tors. Retail food includes the refrigera-
tion equipment found in supermarkets,
convenience stores, restaurants and
other food service establishments. Cold
storage includes the equipment used to
store meat, produce, dairy products.
and other perishable goods. All of the
equipment contains large refrigerant
charges, typically over 75 pounds.
Critical component means, for the pur-
poses of §82.156(i), a component with-
out which industrial process refrigera-
tion equipment will not function, will
be unsafe in its intended environment.
and/or will be subject to failures that
would cause the industrial process
served by the refrigeration appliance to
be unsafe.
Custom-built means, for the purposes
of §82.156(1), that the equipment or any
of its critical components cannot be
purchased and/or installed without
being uniquely designed, fabricated
and/or assembled to satisfy a specific
set of industrial process conditions.
Disposal means the process leading to
and including:
(1) The discharge, deposit, dumping
or placing of any discarded appliance
into or on any land or water;
(2) The disassembly of any appliance
for discharge, deposit, dumping or plac-
ing of Its discarded component parts
into or on any land or water; or
(3) The disassembly of any appliance
for reuse of its component parts.
Follow-up verification test means, for
the purposes of §82.156(i). those tests
that involve checking the repairs with-
in 30 days of the appliance's returning
410
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Environmental Protection Agency
§82.152
to normal operating characteristics
and conditions. Follow-up verification
tests for appliances from which the re-
frigerant charge has been evacuated
means a test conducted after the appli-
ance or portion of the appliance has re-
sumed operation at normal operating
characteristics and conditions of tem-
perature and pressure, except in cases
where sound professional judgment dic-
tates that these tests will be more
meaningful if performed prior to the
return to normal operating character-
istics and conditions. A follow-up ver-
ification test with respect to repairs
conducted without evacuation of the
refrigerant charge means a reverifica-
tion test conducted after the initial
verification test and usually within 30
days of normal operating conditions.
Where an appliance is not evacuated, it
is only necessary to conclude any re-
quired changes in pressure, tempera-
ture or other conditions to return the
appliance to normal operating charac-
teristics and conditions.
Full charge means, for the purposes of
§82,156(1). the amount of refrigerant re-
quired for normal operating character-
istics and conditions of the appliance
as determined by using one of the fol-
lowing four methods or a combination
of one of the following four methods:
(1) The equipment manufacturers de-
termination of the correct full charge
for the equipment:
(2) Determining the full charge by ap-
propriate calculations based on compo-
nent sizes, density of refrigerant, vol-
ume of piping, and all other relevant
considerations;
(3) The use of actual measurements
of the amount of refrigerant added or
evacuated from the appliance; and/or
(4) The use of an established range
based on the best available data, re-
garding the normal operating charac-
teristics and conditions for the appli-
ance, where the mid-point of the range
will serve as the full charge, and where
records are maintained in accordance
withS82.166(q).
High-pressure appliance means an ap-
pliance that uses a refrigerant witH" a
boiling point between -50 and 10 de-
grees Centigrade at atmospheric pres-
sure (29.9 inches of mercury). This defi-
nition includes but is not limited to ap-
pliances using refrigerants -12. -22.
-114. -500. or -502.
Industrial process refrigeration means,
for the purposes of |82.156(i), complex
customized appliances used in the
chemical, pharmaceutical, petrochemi-
cal and manufacturing industries.
These appliances are directly linked to
the industrial process. This sector also
includes industrial ice machines, appli-
ances used directly in the generation of
electricity, and ice rinks. Where one
appliance is used for both industrial
process refrigeration and other applica-
tions, it will be considered industrial
process refrigeration equipment if 50
percent or more of its operating capac-
ity is used for industrial process refrig-
eration.
Industrial process shutdown means, for
the purposes of §82.156(1), that an in-
dustrial process or facility temporarily
ceases to operate or manufacture what-
ever is being produced at that facility.
Initial verification test means, for the
purposes of i82.156(1), those leak tests
that are conducted as soon as prac-
ticable after the repair is completed.
An initial verification test, with regard
to the leak repairs that require the
evacuation of the appliance or portion
of the appliance, means a test con-
ducted prior to the replacement of the
full refrigerant charge and before the
appliance or portion of the appliance
has reached operation at normal oper-
ating characteristics and conditions of
temperature and pressure. An initial
verification test with regard to repairs
conducted without the evacuation of
the refrigerant charge means a test
conducted as soon as practicable after
the conclusion of the repair work,
Low-loss fitting means any device chat
is intended to establish a connection
between hoses, appliances, or recovery
or recycling machines and that is de-
signed to close automatically or to be
closed manually when disconnected.
minimizing the release of refrigerant
from hoses, appliances, and recovery or
recycling machines.
Low-pressure appliance means an ap-
pliance that uses a refrigerant with a
boiling point above 10 degrees Centi-
grade at atmospheric pressure (29.9
inches of mercury). This definition in-
cludes but is not limited to equipment
411
-------
§82.152
40 CFR Ch. I (7-1-97 Edition)
utilizing refrigerants -11. -113. and
-123.
Major maintenance, service, or repair
means any maintenance, service, or re-
pair involving the removal of any or all
of the following appliance components:
Compressor, condenser, evaporator, or
auxiliary heat exchanger coil.
Motor vehicle air conditioner (MVAC)
means any appliance that is a motor
vehicle air conditioner as defined in 40
CFR part 82. subpart B.
MVAC-iike appliance means mechani-
cal vapor compression, open-drive com-
pressor appliances used to cool the
driver's or passenger's compartment of
an non-road motor vehicle. This in-
cludes the air-conditioning equipment
found on agricultural or construction
vehicles. This definition is not in-
tended to cover appliances using
HCFC-22 refrigerant.
NormmJ operating characteristics or con-
ditions means, for the purposes of
§82.156(1), temperatures. pressures.
fluid flows, speeds and other character-
istics that would normally be expected
for a given process load and ambient
condition during operation. Normal op-
erating characteristics and conditions
are marked by the absence of atypical
conditions affecting the operation of
the refrigeration appliance.
Normally containing a quantity of re-
frigerant means containing the quan-
tity of refrigerant within the appliance
or appliance component when the ap-
pliance is operating with a full charge
of refrigerant.
Opening an appliance means any
service, maintenance, or repair on an
appliance that would release class I or
class II refrigerant from the appliance
to the atmosphere unless the refrig-
erant were recovered previously from
the appliance. Connecting and dis-
connecting hoses and gauges to and
from the appliance to measure pres-
sures within the appliance and to add
refrigerant to or recover refrigerant
from the appliance shall not be consid-
ered "opening."
Person means any individual or legal
entity, including an individual, cor-
poration, partnership. association.
state, municipality, political subdivi-
sion of a state, Indian tribe, and any
agency, department, or Instrumental-
ity of the United States, and any offi-
cer, agent, or employee thereof.
Process stub means a length of tubing
that provides access to the refrigerant
inside a small appliance or room air
conditioner and that can be resealed at
the conclusion of repair or service.
Reclaim refrigerant means to reproc-
ess refrigerant to at least the purity
specified in appendix A to 40 CFR part
82. subpart F (based on ARI Standard
TOO-1993. Specifications for Fluoro-
carbon and Other Refrigerants) and to
verify this purity using the analytical
methodology prescribed in appendix A.
In general, reclamation involves the
use of processes or procedures available
only at a reprocessing or manufactur-
ing facility.
Recover refrigerant means to remove
refrigerant in any condition from an
appliance and to store it in an external
container without necessarily testing
or processing it in any way.
Recovery efficiency means the percent-
age of refrigerant in an appliance that
is recovered by a piece of recycling or
recovery equipment.
Recycle refrigerant means to extract
refrigerant from an appliance and
clean refrigerant for reuse without
meeting all of the requirements for
reclamation. In general, recycled re-
frigerant is refrigerant that is cleaned
using oil separation and single or mul-
tiple passes through devices, such as
replaceable core filter-driers, which re-
duce moisture, acidity, and particulate
matter. These procedures are usually
implemented at the field job site.
Refrigerant circuit means the parts of
an appliance that are normally con-
nected to each other {or are separated
only by internal valves) and are de-
signed to contain refrigerant.
Self-contained recovery equipment
means refrigerant recovery or recy-
cling equipment that is capable of re-
moving the refrigerant from an appli-
ance without the assistance of compo-
nents contained in the appliance.
Small appliance means any of the fol-
lowing products that are fully manu-
factured, charged, and hermetically
sealed in a factory with five (5) pounds
or less of refrigerant: refrigerators and
freezers designed for home use, room
air conditioners (including window air
conditioners and packaged terminal air
412
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Environmental Protection Agency
§82.154
conditioners), packaged terminal heat
pumps, dehumidifiers, under-the-
counter ice makers, vending machines,
and drinking water coolers.
Suitable replacement refrigerant means,
for the purposes of §82,156(i)(7)(i), a re-
frigerant that is acceptable under sec-
tion 612(c) of the Clean Air Act Amend-
ments of 1990 and all regulations pro-
mulgated under that section, compat-
ible with other materials with which it
may come into contact, and able to
achieve the temperatures required for
the affected industrial process in a
technically feasible manner.
System-dependent recovery equipment
means refrigerant recovery equipment
that requires the assistance of compo-
nents contained in an appliance to re-
move the refrigerant from the appli-
ance.
System mothballing means the inten-
tional shutting down of a refrigeration
appliance undertaken for an extended
period of time by the owners or opera-
tors of that facility, where the refrig-
erant has been evacuated from the ap-
pliance or the affected isolated section
of the appliance, at least to atmos-
pheric pressure.
Technician means any person who
performs maintenance, service, or re-
pair that could be reasonably expected
to release class I or class II refrig-
erants from appliances, except for
MVACs. into the atmosphere. Techni-
cian also means any person who per-
forms disposal of appliances, except for
small appliances, MVACs, and MVAC-
like appliances, that could be reason-
ably expected to release class I or class
II refrigerants from the appliances into
the atmosphere. Performing mainte-
nance, service, repair, or disposal could
be reasonably expected to release re-
frigerants only if the activity is rea-
sonably expected to violate the integ-
rity of the refrigerant circuit. Activi-
ties reasonably expected to violate the
integrity of the refrigerant circuit in-
clude activities such as attaching and
detaching hoses and gauges to and
from the appliance to add or remove
refrigerant or to measure pressure and
adding refrigerant to and removing re-
frigerant from the appliance. Activities
such as painting the appliance, re-wir-
ing an external electrical circuit, re-
placing insulation on a length of pipe.
or tightening nuts and bolts on the ap-
pliance are not reasonably expected to
violate the integrity of the refrigerant
circuit. Performing maintenance, serv-
ice, repair, or disposal of appliances
that have been evacuated pursuant to
§82.156 could not be reasonably ex-
pected to release refrigerants from the
appliance unless the maintenance,
service, or repair consists of adding re-
frigerant to the appliance. Technician
includes but is not limited to install-
ers, contractor employees, in-house
service personnel, and in some cases.
owners.
Very high-pressure appliance, means an
appliance that uses a refrigerant with a
boiling point below - 50 degrees Centi-
grade at atmospheric pressure (29.9
inches of mercury). This definition in-
cludes but is not limited to equipment
utilizing refrigerants -13 and -503.
Voluntary certification program means
a technician testing program operated
by a person before that person obtained
approval of a technician certification
program pursuant to §82.161(c).
(58 FR mn. May 14. I99J. as amended at 59
FR 42956. Aug. 19. 1994: 59 FR 55925. Nov. 9.
19S4; 60 FR 40439. Aug. 8. 19SS|
§ 82.154 Prohibitions.
(a) Effective June 14, 1993. no person
maintaining, servicing, repairing, or
disposing of appliances may knowingly
vent or otherwise release into the envi-
ronment any class I or class II sub-
stance used as refrigerant in such
equipment. De minimis releases associ-
ated with good faith attempts to recy-
cle or recover refrigerants are not sub-
ject to this prohibition. Releases shall
be considered de minimis if they occur
when:
(1) The required practices set forth in
§82.156 are observed and recovery or re-
cycling machines that meet the re-
quirements set forth in §82.158 are
used: or
(2) The requirements set forth in 40
CFR part 82. subpart B are observed.
The knowing release of refrigerant sub-
sequent to its recovery from an appli-
ance shall be considered a violation of
this prohibition.
(b) Effective July 13. 1993. no person
may open appliances except MVACs for
maintenance, service, or repair, and no
413
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§82,154
40 CFR Ch. I (7-1-97 Edition)
person may dispose of appliances ex-
cept for small appliances. MVACs. and
MVAC-like appliances:
{{) Without observing the required
practices set forth in §82.156: and
(2) Without using equipment that is
certified for that type of appliance pur-
suant to §82.158.
(c) Effective November 15. 1993. no
person may manufacture or import re-
cycling or recovery equipment for use
during the maintenance, service, or re-
pair of appliances except MVACs. and
no person may manufacture or import
recycling or recovery equipment for
use during the disposal of appliances
except small appliances. MVACs. and
MVAC-like appliances, unless the
equipment is certified pursuant to
§82,158 (b). (d). or (R. as applicable.
(d) Effective June 14. 1993. no person
shall alter the design of certified re-
frigerant recycling or recovery equip-
ment in a way that would affect the
equipment s ability to meet the certifi-
cation standards set forth in §82.158
without resubmitting the altered de-
sign for certification testing. Until it is
tested and shown to meet the certifi-
cation standards set forth in §82.158.
equipment so altered will be considered
uncertified for the purposes of $82.158.
(e) Effective August 12. 1993. no per-
son may open appliances except
MVACs for maintenance, service, or re-
pair, and no person may dispose of ap-
pliances except for small appliances.
MVACs. and MVAC-like appliances, un-
less such person has certified to the
Administrator pursuant to §82.162 that
such person has acquired certified re-
covery or recycling equipment and is
complying with the applicable require-
ments of this subpart.
(0 Effective August 12. 1993. no per-
son may recover refrigerant from small
appliances. MVACs. and MVAC-like ap-
pliances for purposes of disposal of
these appliances unless such person has
certified to the Administrator pursu-
ant to §82.162 that such person has ac-
quired recovery equipment that meets
the standards set forth in §82.158 (1)
and/or (m), as applicable, and that sttch
person is complying with the applica-
ble requirements of this subpart.
(g) No person may sell or offer for
sale for use as a refrigerant any class I
or class II substance consisting wholly
or in part of used refrigerant unless:
(1) The class I or class II substance
has been reclaimed as defined at
§82.152;
(2) The class I or class II substance
was used only in an MVAC or MVAC-
like appliance and is to be used only in
an MVAC or MVAC-like appliance: or
(3) The class I or class II substance is
contained in an appliance that is sold
or offered for sale together with the
class I or class II substance.
(h) No person may sell or offer for
sale for use as a refrigerant any class I
or class II substance consisting wholly
or in part of used refrigerant unless:
(1) The class I or class II substance
has been reclaimed by a person who has
been certified as a reclaimer pursuant
to §82.164;
(2) The class I or class II substance
was used only in an MVAC or MVAC-
like appliance and is to be used only in
an MVAC or MVAC-like appliance; or
(3) The class I or class II substance is
contained in an appliance that is sold
or offered for sale together with the
class I or class II substance.
(i) Effective August 12, 1993. no per-
son reclaiming refrigerant may release
more than 1.5% of the refrigerant re-
ceived by them.
0) Effective November 15. 1993. no
person may sell or distribute, or offer
for sale or distribution, any appliances.
except small appliances, unless such
equipment is equipped with a servicing
aperture to facilitate the removal of
refrigerant at servicing and disposal.
(k.) Effective November 15. 1993, no
person may sell or distribute, or offer
for sale or distribution any small appli-
ance unless such equipment is equipped
with a process stub to facilitate the re-
moval of refrigerant at servicing and
disposal.
(1) No technician training or testing
program may issue certificates pursu-
ant to §82.161 unless the program com-
plies with all of the standards of §82.161
and appendix D. and has been granted
approval,
(m) Effective November 14. 1994. no
person may sell or distribute, or offer
for sale or distribution, any class I or
class II substance for use as a refrig-
erant to any person unless:
414
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Environmental Protection Agency
§82,156
(1) The buyer has been certified as a
Type I, Type II. Type III. or Universal
technician pursuant to §82.161:
(2) The buyer has successfully com-
pleted a voluntary certification pro-
gram requesting approval under
§82.161 (g) by December 9, 1994. This
paragraph (m}(2) expires on May 15.
1995.
(3) The buyer has been certified pur-
suant to 40 CFR part 82. subpart B:
(4) The refrigerant is sold only for
eventual resale to certified technicians
or to appliance manufacturers (e.g.,
sold by a manufacturer to a wholesaler,
sold by a technician to a reclaimer);
(5) The refrigerant is sold to an appli-
ance manufacturer;
(6) The refrigerant is contained in an
appliance, and after January 9. 1995,
the refrigerant is contained in an appli-
ance with a fully assembled refrigerant
circuit;
(7) The refrigerant is charged into an
appliance by a certified technician or
an apprentice during maintenance.
service, or repair: or
(8) The refrigerant is charged into an
appliance by a technician who success-
fully completed a voluntary certifi-
cation program requesting approval
under §82.161 (g) by December 9. 1994.
This paragraph (m)(8) expires on May
15. 1995.
(9) Rules stayed for reconsideration.
Notwithstanding any other provisions
of this subpart. the effectiveness of 40
CFR 82.154{m). only as it applies to re-
frigerant contained in appliances with-
out fully assembled refrigerant cir-
cuits, is stayed from April 21, 1995.
until EPA takes final action on its re-
consideration of these provisions. EPA
will publish any such final action in
the FEDERAL REGISTER.
(n) It is a violation of this subpart to
accept a signed statement pursuant to
§82.156(f)(2) if the person knew or had
reason to know that such a signed
statement is false.
[58 FR 2S712. May 14. 1993. as amended at 59
FR 429SS, Aug. 19. 1994: 59 FR 55S26. Nov. 9.
19S4: SO FR 14610. Mar. 17. 1995, 60 FR 24680.
May 9. 1S9S: 6! FR T72S, Feb. 29. 1SS6: 61 FR
68508. Dec. 27. 1996)
§82.156 Required practices.
(a) Effective July 13. 1993. all persons
disposing of appliances, except for
small appliances, MVACs, and MVAC-
like appliances must evacuate the re-
frigerant in the entire unit to a recov-
ery or recycling machine certified pur-
suant to §82.158. All persons opening
appliances except for MVACs for main-
tenance, service, or repair must evacu-
ate the refrigerant in either the entire
unit or the part to be serviced (if the
latter can be isolated) to a system re-
ceiver or a recovery or recycling ma-
chine certified pursuant to §82.158. Ef-
fective January 9. 1995. certified tech-
nicians must verify that the applicable
level of evacuation has been reached in
the appliance or the part before it is
opened.
(1) Persons opening appliances except
for small appliances. MVACs. and
MVAC-like appliances for mainte-
nance, service, or repair must evacuate
to the levels in table 1 before opening
the appliance, unless
(i) Evacuation of the appliance to the
atmosphere is not to be performed
after completion of the maintenance.
service, or repair, and the mainte-
nance, service, or repair is not major as
defined at §82.152(k); or
(ii) Due to leaks in the appliance.
evacuation to the levels in table I is
not attainable, or would substantially
contaminate the refrigerant being re-
covered: or
(iii) The recycling or recovery equip-
ment was certified pursuant to
§82.158(b)(2). In any of these cases, the
requirements of §82.156{aM2) must be
followed.
(Z)(i) If evacuation of the appliance
to the atmosphere is not to be per-
formed after completion of the mainte-
nance, service, or repair, and if the
maintenance, service, or repair is not
major as defined at §82.152(k). the ap-
pliance must:
(A) Be evacuated to a pressure no
higher than 0 psig before it is opened if
it is a high- or very high-pressure ap-
pliance;
(B) Be pressurized to 0 psig before it
is opened if it is a low-pressure appli-
ance. Persons pressurizing low-pressure
appliances that use refrigerants with
boiling points at or below 85 degrees
Fahrenheit at 29.9 inches of mercury
(standard atmospheric pressure), (e.g..
CFC-11 and HCFC-123), must not use
methods such as nitrogen, that require
415
-------
§82.155
40 CFR Ch. I (7-1-97 Edition)
subsequent purging. Persons pressur-
izing low-pressure appliances that use
refrigerants with boiling points above
85 degrees Fahrenheit at 29.9 inches of
mercury, e.g., CFC-1I3. must use heat
to raise the internal pressure of the ap-
pliance as much as possible, but may
use nitrogen to raise the internal pres-
sure of the appliance from the level at-
tainable through use of heat to atmos-
pheric pressure; or
(C) For the purposes of oil changes.
be evacuated or pressurized to a pres-
sure no higher than 5 psig. before it is
opened: or drain the oil into a system
receiver to be evacuated or pressurized
to a pressure no higher than 5 psig.
(ii) If. due to leaks in the appliance.
evacuation to the levels in table 1 is
not attainable, or would substantially
contaminate the refrigerant being re-
covered, persons opening the appliance
must:
(A) Isolate leaking from non-leaking
components wherever possible:
(B) Evacuate non-leaking compo-
nents to be opened to the levels speci-
fied in table 1: and
(C) Evacuate leaking components to
be opened to the lowest level that can
be attained without substantially con-
taminating the refrigerant. In no case
shall this level exceed 0 psig.
(ill) If the recycling or recovery
equipment was certified pursuant to
§§2,158{b)(2), technicians must follow
the manufacturer's directions for
achieving the required recovery effi-
ciency.
(3) Persons disposing of appliances
except for small appliances. MVACs.
and MVAC-like appliances, must evac-
uate to the levels in table 1 unless, due
to leaks in the appliance, evacuation to
the levels in table I is not attainable.
or would substantially contaminate
the refrigerant being recovered. If. due
to leaks in the appliance, evacuation to
the levels in table 1 is not attainable.
or would substantially contaminate
the refrigerant being recovered, per-
sons disposing of the appliance must:
(i) Isolate leaking from non-leaking
components wherever possible:
(ii) Evacuate non-leaking compo-
nents to the levels specified in table 1:
and
(iii) Evacuate leaking components to
the lowest level that can be attained
without substantially contaminating
the refrigerant. In no case shall this
level exceed 0 psig.
TABLE 1.—REQUIRED LEVELS of EVACUATION FOB APPLIANCES
iExeeot W sma» KXlkances. MVACs. *na MVAC-ike
Type ol acetone*
HCFC-22 appliance, or i$o
-------
Environmental Protection Agency
§82.156
refrigerant in the appliance when the
compressor in the appliance is operat-
ing, or 80% of the refrigerant in the ap-
pliance when the compressor in the ap-
pliance is not operating: or
(iii) Evacuate the small appliance to
four inches of mercury vacuum.
(5) Persons opening MVAC-like appli-
ances for maintenance, service, or re-
pair may do so only while properly
using, as defined at §82,32(e), recycling
or recovery equipment certified pursu-
ant to §82.158 (f) or (g), as appiicable.
(b) Effective October 18, 1994. all per-
sons opening appliances except for
small appliances and MVACs for main-
tenance, service, or repair and all per-
sons disposing of appliances except
small appliances. MVACs. and MVAC-
like appliances must have at least one
piece of certified, self-contained recov-
ery or recycling equipment available at
their place of business. Persons who
maintain, service, repair, or dispose of
only appliances that they own and that
contain pump-out units are exempt
from this requirement. This exemption
does not relieve such persons from
other applicable requirements of
§82.156,
(cj System-dependent equipment
shall not be used with appliances nor-
mally containing more than 15 pounds
of refrigerant, unless the system-de-
pendent equipment is permanently at-
tached to the appliance as a pump-out
unit.
(d) All recovery or recycling equip-
ment shall be used in accordance with
the manufacturer's directions unless
such directions conflict with the re-
quirements of this subpart.
(e) Refrigerant may be returned to
the appliance from which it is recov-
ered or to another appliance owned by
the same person without being recycled
or reclaimed, unless the appliance is an
MVAC or MVAC-like appliance.
(f) Effective July 13. 1993, persons
who take the final step in the disposal
process (including but not limited to
scrap recyclers and landfill operators)
of a small appliance, room air condi-
tioning. MVACs. or MVAC-like appli-
ances must either:
(1) Recover any remaining refrig-
erant from the appliance in accordance
with paragraph (g) or (h) of this sec-
tion, as applicable: or
(2) Verify that the refrigerant has
been evacuated from the appliance or
shipment of appliances previously.
Such verification must include a
signed statement from the person from
whom the appliance or shipment of ap-
pliances is obtained that all refrigerant
that had not leaked previously has
been recovered from the appliance or
shipment of appliances in accordance
with paragraph (g) or (h) of this sec-
tion, as applicable- This statement
must include the name and address of
the person who recovered the refrig-
erant and the date the refrigerant was
recovered or a contract that refrig-
erant will be removed prior to delivery.
(3) Persons complying with para-
graph (0(2) of this section must notify
suppliers of appliances that refrigerant
must be properly removed before deliv-
ery of the items to the facility. The
form of this notification may be warn-
ing signs, letters to suppliers, or other
equivalent means.
{g} All persons recovering refrigerant
from MVACs and MVAC-like appli-
ances for purposes of disposal of these
appliances must reduce the system
pressure to or below 102 mm of mercury
vacuum, using equipment that meets
the standards set forth in S§2.15S{1).
(h) All persons recovering the refrig-
erant from small appliances for pur-
poses of disposal of these appliances
must either:
(1) Recover 90% of the refrigerant in
the appliance when the compressor in
the appliance is operating, or 80% of
the refrigerant in the appliance when
the compressor in the appliance is not
operating: or
(2) Evacuate the small appliance to
four inches of mercury vacuum.
(i)(l) Owners or operators of commer-
cial refrigeration equipment normally
containing more than 50 pounds of re-
frigerant must have leaks repaired in
accordance with paragraph (i)(9) of this
section, if the appliance is leaking at a
rate such that the loss of refrigerant
will exceed 35 percent of the total
charge during a 12-month period, ex-
cept as described in paragraphs (i)(6).
(i)(8), and (i)(10) of this section and
paragraphs (i)(l)(i). (i)(l)(ti). and
(i)(l)(iii) of this section. Repairs must
bring the annual leak rate to below 35
percent.
417
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§82.156
40 CFR Ch. I (7-1-97 Edition)
(i) If the owners or operators of the
federally-owned commercial refrig-
erant appliances determine that the
leaks cannot be repaired in accordance
with paragraph (i) (3) of this section and
that an extension in accordance with
the requirements discussed in this
paragraph (i)(l)(i) of this section apply,
they must document all repair efforts.
and notify EPA of their inability to
comply within the 30-day repair re-
quirement, and the reason for the In-
ability must be submitted to EPA in
accordance with §82.166(n). Such notifi-
cation must be made within 30 days of
discovering the leaks. EPA will deter-
mine if the extension requested in ac-
cordance with the requirements dis-
cussed in paragraph (t)(l)(i) of this sec-
tion is justified. If the extension is not
justified. EPA will notify the owner/op-
erator within 30 days of receipt of the
notification.
{ii) Owners or operators of federally-
owned commercial refrigeration equip-
ment may have more than 30 days to
repair leaks if the refrigeration appli-
ance is located in an area subject to ra-
diological contamination or where the
shutting down of the appliance will di-
rectly lead to radiological contamina-
tion. Only the additional time needed
to conduct and complete repairs in a
safe working environment will be per-
mitted.
(iii) Owners or operators of federally-
owned commercial refrigeration equip-
ment requesting or who are granted
time extensions under this paragraph
must comply with paragraphs (i)(3) and
(i)(4) of this section.
(2) The owners or operators of indus-
trial process refrigeration equipment
normally containing more than 50
pounds of refrigerant must have leaks
repaired if the appliance is leaking at a
rate such that the loss of refrigerant
will exceed 35 percent of the total
charge during a 12-month period in ac-
cordance with paragraph (i)(9) of this
section, except as described in para-
graphs (0(6). (i)(7) and (i)(10) of this
section, and paragraphs (i)(2)(i) and
(0(Z)(ii) of this section. Repairs must
bring annual leak rates to below 35 pSr-
cent during a 12-month period. If the
owners or operators of the industrial
process refrigeration equipment deter-
mine that the leak rate cannot be
brought to below 35 percent during a
12-month period within 30 days (or 120
days, where an industrial process shut-
down in accordance with paragraph
(i)(2)(ii) of this section is required.) and
in accordance with paragraph (i)(9) of
this section, and that an extension in
accordance with the requirements dis-
cussed in this paragraph apply, the
owners or operators of the appliance
must document all repair efforts, and
notify EPA of the reason for the inabil-
ity in accordance with §82.166(n) within
30 days of making this determination.
Owners or operators who obtain an ex-
tension pursuant to this section or
elect to utilize the additional time pro-
vided in paragraph (i)(2)(0 of this sec-
tion, must conduct all necessary leak
repairs, if any. that do not require any
additional time beyond the initial 30 or
120 days.
(i) The owners or operators of indus-
trial process refrigeration equipment
are permitted more than 30 days (or 120
days where an industrial process shut-
down in accordance with paragraph
(0(2)(ii) of this section is required) to
repair leaks, if the necessary parts are
unavailable or if requirements of other
applicable federal, state, or local regu-
lations make a repair within 30 or 120
days impossible. Only the additional
time needed to receive delivery of the
necessary parts or to comply with the
pertinent regulations will be per-
mitted.
(ii) Owners or operators of industrial
process refrigeration equipment will
have a 120-day repair period, rather
than a 30-day repair period, to repair
leaks in instances where an industrial
process shutdown is needed to repair a
leak or leaks from industrial process
refrigeration equipment.
(3) The owners or operators of indus-
trial process refrigeration equipment
who are granted additional time under
paragraphs (i)(l). (0(2). and (i)(5) of this
section must ensure that the repair ef-
forts performed be those that sound
professional judgment indicate will be
sufficient to bring the leak rates below
the applicable allowable annual rate.
When an industrial process shutdown
has occurred or when repairs have been
made while an appliance is mothballed.
an initial verification test shall be con-
ducted at the conclusion of the repairs
418
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Environmental Protection Agency
§82.156
and a follow-up verification test shall
be conducted within 30 days of com-
pleting the repairs or within 30 days of
bringing the appliance back on-line, if
taken off-line, but no sooner than when
the system has achieved normal oper-
ating characteristics and conditions.
When repairs have been conducted
without an industrial process shutdown
or system mothball ing, an initial ver-
ification test shall be conducted at the
conclusion of the repair efforts and a
follow-up verification test shall be con-
ducted within 30 days after the initial
follow-up verification test. In all cases.
the follow-up verification test shall be
conducted at normal operating charac-
teristics and conditions unless sound
professional judgment indicates that
tests performed at normal operating
characteristics and conditions will
produce less reliable results, in which
case the follow-up verification test
shall be conducted at or near the nor-
mal operating pressure where prac-
ticable, and at or near the normal oper-
ating temperature if practicable, and
within 30 days of completing the repair
efforts.
(i) If industrial process refrigeration
equipment is taken off line, it can not
be brought back on-line until an initial
verification test indicates that the re-
pairs undertaken in accordance with
paragraphs (i)(l) (i). (ii), and (Hi), or
(i){2) (i) and (ii). or (5) (i). (ii) and (Hi)
of this section, have been successfully
completed, demonstrating the leak or
leaks are repaired or where the owners
or operators of the industrial process
refrigeration equipment will retrofit/
replace/retire the industrial process re-
frigeration equipment in accordance
with paragraph (i)(S) of this section.
(ii) If the follow-up verification test
indicates that the repairs to industrial
process refrigeration equipment have
not been successfully completed, the
owner must retrofit or replace the
equipment in accordance with para-
graph (i)(6) of this section within one
year after the failure to verify that the
repairs had been successfully com-
pleted or such longer time period as
may apply in accordance with para-
graphs (i)(7) (i). (ii) and (iii) or (i)(8)(i)
and (ii) of this section. The owners and
operators of Industrial process refrig-
eration equipment are relieved of this
requirement if the conditions of para-
graphs (i)(3)(iv) and/or (i)(3)(v) of this
section are met,
(iii) The owner or operator of indus-
trial process refrigeration equipment
that fails a follow-up verification test
must notify EPA within 30 davs of the
failed follow-up verification test in ac-
cordance with §82.I66(n).
(iv) The owner or operator is relieved
of the obligation to retrofit or replace
the industrial process refrigeration
equipment as discussed in paragraph
(i) (6) of this section if second repair ef-
forts to fix the same leaks that were
the subject of the first repair efforts
are successfully completed within 30
days or 120 days where an industrial
process shutdown is required, after the
initial failed follow-up verification
test. The second repair efforts are sub-
ject to the same verification require-
ments of paragraphs (i)(3). (i)(3) (i) and
(ii) of this section. The owner or opera-
tor is required to notify EPA within 30
days of the successful follow-up ver-
ification test in accordance with
§82.166(n) and the owner or operator is
no longer subject to the obligation to
retrofit or replace the appliance that
arose as a consequence of the initial
failure to verify that the leak repair ef-
forts were successful.
(v) The owner or operator of indus-
trial process refrigeration equipment is
relieved of the obligation to retrofit or
replace the equipment in accordance
with paragraph (i)(6) of this section if
within 180 days of the initial failed fol-
low-up verification test, the owner or
operator establishes that the appli-
ances annual leak rate does not exceed
the applicable allowable annual leak
rate, in accordance with paragraph
(i)(4) of this section. If the appliance's
owner or operator establishes that the
appliance's annual leak rate does not
exceed the applicable allowable annual
leak rate, the owner or operator is re-
quired to notify EPA within 30 days of
that determination in accordance with
§ 82.166(n) and the owner or operator
would no longer be subject to the obli-
gation to retrofit or replace the equip-
ment that arose as a consequence of
the initial failure to verify that the
leak repair efforts were successful.
(4) In the case of a failed follow-up
verification test subject to paragraph
419
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§82.156
40 CFR Ch. I (7-1-97 Edition)
(i)(3)(v) of this section, the determina-
tion of whether industrial process re-
frigeration equipment has an annual
leak rate that exceeds the applicable
allowable annual leak rate will be
made in accordance with parameters
identified by the owner or operator in
its notice to EPA regarding the failure
of the initial follow-up verification
test, if those parameters are acceptable
to EPA: otherwise by parameters se-
lected by EPA, The determination
must be based on the full charge for
the affected industrial process refrig-
eration equipment. The leak rate de-
termination parameters in the owner s
or operator's notice will be considered
acceptable unless EPA notifies the
owners or operators within 30 days of
receipt of the notice. Where EPA does
not accept the parameters identified by
the owner or operator in its notice,
EPA will not provide additional time
beyond the additional time permitted
in paragraph (i)(3)(v) of this section un-
less specifically stated in the param-
eters selected by EPA,
(5) Owners or operators of appliances
normally containing more than 50
pounds of refrigerant and not covered
by paragraph (i)(l) or (0(2) of this sec-
tion must have leaks repaired in ac-
cordance with paragraph (i)(9) of this
section if the appliance is leaking at a
rate such that the loss of refrigerant
will exceed 15 percent of the total
charge during a 12-month period, ex-
cept as described in paragraphs (i)(6).
(0(8) and (i)(10) of this section and
paragraphs (i)(5)(i), (i)(5)(ii) and
(0(5)(iii) of this section. Repairs must
bring the annual leak rate to below 15
percent,
(i) If the owners or operators of feder-
ally-owned comfort-cooling appliances
determine that the leaks cannot be re-
paired in accordance with paragraph
(i)(9) of this section and that an exten-
sion in accordance with the require-
ments discussed in paragraph (i)(5) of
this section apply, they must docu-
ment all repair efforts, and notify EPA
of their inability to comply within the
30-day repair requirement, and the rea-
son for the inability must be submitted
to EPA in accordance with §82.166(n).
Such notification must be made within
30 days of discovering that leak repair
efforts cannot be completed within 30
days.
(ii) Owners or operators of federally-
owned comfort-cooling appliances may
have more than 30 days to repair leaks
where the refrigeration appliance is lo-
cated in an area subject to radiological
contamination or where the shutting
down of the appliance will directly lead
to radiological contamination. Only
the additional time needed to conduct
and complete work in a safe environ-
ment will be permitted.
(iii) Owners or operators of federally-
owned comfort-cooling appliances re-
questing, or who are granted, time ex-
tensions under this paragraph must
comply with paragraphs (0(3) and (0(4)
of this section.
(6) Owners or operators are not re-
quired to repair the leaks defined in
paragraphs (0(1). (i)(2) and (i)(5) of this
section if, within 30 days of discovering
the exceedance of the applicable leak
rate or within 30 days of a failed fol-
low-up verification test in accordance
with paragraph (i)(3)(ii) of this section,
they develop a one-year retrofit or re-
tirement plan for the leaking appli-
ance. This plan (or a legible copy) must
be kept at the site of the appliance.
The original must be made available
for EPA inspection upon request. The
plan must be dated and all work under
the plan must be completed within one
year of the plan's date, except as de-
scribed in paragraphs (i)(7) and (0(8) of
this section. Owners are temporarily
relieved of this obligation if the appli-
ance has undergone system
mothballing as defined in §82.152.'
(i) If the owner or operator has made
good faith efforts to repair leaks in ac-
cordance with paragraphs (i)(l). (0(2).
or (i)(5) of this section, and has deter-
mined to proceed with a plan to retro-
fit or retire the appliance in accord-
ance with paragraph (i)(6) of this sec-
tion, the owner or operator must de-
velop a retrofit or retirement plan
within 30 days of the determination to
retrofit or retire the appliance, to be
completed within one year of when the
owner or operator discovered that the
leak rate exceeded the applicable al-
lowable leak rate, except as provided in
paragraphs (i)(7) and (i)(8) of this sec-
tion.
420
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Environmental Protection Agency
§82.156
(ii) In all cases, subject to paragraph
(i)(6)(i) of this section, the written plan
shall be prepared no later than 30 days
after the owner or operator has deter-
mined to proceed with retrofitting or
retiring the appliance. All reports re-
quired under §82,166(o) shall be due at
the time specified in the paragraph im-
posing the specific reporting require-
ment, or no later than 30 days after the
decision to retrofit or retire the appli-
ance, whichever is later.
(Hi) In cases where the owner or oper-
ator of industrial process refrigeration
equipment has made good faith efforts
to retrofit or retire industrial process
refrigeration equipment prior to Au-
gust 8. 1995, and where these efforts are
not complete, the owner or operator
must develop a retrofit or retirement
plan that will complete the retrofit or
retirement of the affected appliance by
August 8. 1996. This plan (or a legible
copy) must be kept at the site of the
appliance. The original must be made
available for EPA inspection upon re-
quest. Where the conditions of para-
graphs (i)(7) and (i)(8) of this section
apply, and where the length of time
necessary to complete the work is be-
yond August 8. 1996. all records must be
submitted to EPA in accordance with
§82.166(o), as well as maintained on-
site.
(7) The owners or operators of indus-
trial process refrigeration equipment
will be allowed additional time to com-
plete the retrofit or retirement of in-
dustrial process refrigeration equip-
ment if the conditions described in
paragraphs (i)(7)(i) or (i)(7)(ii) of this
section are met. The owners or opera-
tors of industrial process refrigeration
equipment will be allowed additional
time beyond the additional time pro-
vided in paragraph (l)(7){ii) of this sec-
tion if the conditions described in para-
graph (i)(7)(iii) of this section are met.
(i) Additional time, to the extent rea-
sonably necessary will be allowed for
retrofitting or retiring industrial proc-
ess refrigeration equipment due to
delays occasioned by the requirements
of other applicable federal, state, or
local laws or regulations, or due to the
unavailability of a suitable replace-
ment refrigerant with a lower ozone de-
pletion potential. If these cir-
cumstances apply, the owner or opera-
tor of the facility must notify EPA
within six months after the 30-day pe-
riod following the discovery of an
exceedance of the 35 percent leak rate.
Records necessary to allow EPA to de-
termine that these provisions apply
and the length of time necessary to
complete the work must be submitted
to EPA in accordance with §82.168(o),
as well as maintained on-site. EPA will
notify the owner or operator of its de-
termination within 60 days of receipt
the submittal.
(ii) An additional one-year period be-
yond the initial one-year retrofit pe-
riod is allowed for industrial process
refrigeration equipment where the fol-
lowing criteria are met;
(A) The new or the retrofitted indus-
trial process refrigerant equipment is
custom-built:
(B) The supplier of the appliance or
one or more of its critical components
has quoted a delivery time of more
than 30 weeks from when the order is
placed;
(C) The owner or operator notifies
EPA within six months of the expira-
tion of the 30-day period following the
discovery of an exceedance of the 35
percent leak rate to identify the owner
or operator, describe the appliance in-
volved, explain why more than one
year is needed, and demonstrate that
the first two criteria are met in accord-
ance with §82.166(o); and
(D) The owner or operator maintains
records that are adequate to allow a
determination that the criteria are
met.
(iii) The owners or operators of in-
dustrial process refrigeration equip-
ment may request additional time to
complete retrofitting or retiring indus-
trial process refrigeration equipment
beyond the additional one-year period
if needed and where the initial addi-
tional one year was granted in accord-
ance with paragraph (i)(7)(ii) of this
section. The request shall be submitted
to EPA before the end of the ninth
month of the first additional year and
shall include revisions of information
required under §82,16S(o), Unless EPA
objects to this request submitted in ac-
cordance with §82.166(o) within M days
of receipt, it shall be deemed approved.
(8) Owners or operators of federally-
owned commercial or comfort-cooling
421
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§82.158
40 CFR Ch. I (7-1-97 Edition)
appliances will be allowed an addi-
tional year to complete the retrofit or
retirement of the appliances if the con-
ditions described in paragraph (i)(8)(i)
of this section are met. and will be al-
lowed one year beyond the additional
year if the conditions in paragraph
(i)(8)(ii) of this section are met
(i) Up to one additional one-year pe-
riod beyond the initial one-year retro-
fit period is allowed for such equipment
where the following criteria are met:
(A) Due to complications presented
by the federal agency appropriations
and/or procurement process, a delivery
time of more than 30 weeks from the
beginning of the official procurement
process is quoted, or where the appli-
ance is located in an area subject to ra-
diological contamination and creating
a safe working environment will re-
quire more than 30 weeks:
(B) The operator notifies EPA within
six months of the expiration of the 30-
day period following the discovery of
an exceedance of the applicable allow-
able annual leak rate to identify the
operator, describe the appliance in-
volved, explain whv more than one
year is needed, and demonstrate that
the first criterion is met in accordance
with §82.I66(o): and
(C) The operator maintains records
adequate to allow a determination that
the criteria are met.
(ii) The owners or operators of feder-
ally-owned commercial or comfort-
cooling appliances may request addi-
tional time to complete retrofitting,
replacement or retiring such appli-
ances beyond the additional one-year
period if needed and where the initial
additional one year was granted in ac-
cordance with paragraph (i)(8)(i) of this
section. The request shall be submitted
to EPA before the end of the ninth
month of the first additional year and
shall include revisions of information
earlier submitted as required under
§82.166(0) Unless EPA objects to this
request submitted in accordance with
§82.166(o) within 30 days of receipt, it
shall be deemed approved.
(9) Owners or operators must repair
leaks pursuant to paragraphs (i)(lf.
(i)(2) and (i)(5) of this section within 30
days after discovery, or within 30 days
after when the leaks should have been
discovered if the owners intentionally
shielded themselves from information
which would have revealed a leak, un-
less granted additional time pursuant
to §82.156{i).
(10) The amount of time for owners
and operators to complete repairs, ret-
rofit plans or retrofits/replacements/
retirements under paragraphs (i)(l),
(i)(2). _(i)(5). (i)(6). (i)(7), (i)(8). and (i)(9)
of this section is temporarily sus-
pended at the time an appliance is
mothballed as defined in §82.152. The
time for owners and operators to com-
plete repairs, retrofit plans, or retro-
fits/replacements will resume on the
day the appliance is brought back on-
line and is no longer considered
mothballed. All initial and follow-up
verification tests must be performed in
accordance with paragraphs (i)(3),
(i)(3)(i). and (i)(3)(ii) of this section.
(11) In calculating annual leak rates.
purged refrigerant that is destroyed at
a verifiable destruction efficiency of 98
percent or greater will not be counted
toward the leak rate. Owners or opera-
tors destroying purged refrigerants
must maintain information as set forth
in S82.166(p)(l) and submit to EPA.
within 60 days after the first time such
exclusion is used by that facility, infor-
mation set forth in §82.166(p)(2).
!58 FR 28712. May 14. 1993, as amended at 59
FR 42S56. 42962. Aug. 19. 1994: 59 FR 5S926.
Nov. S, 1994: 60 FR 40440, Aug. 8. 199SI
§82.158 Standards for recycling and
recovery equipment.
(a) Effective November 15. 1993. ail
manufacturers and importers of recy-
cling and recovery equipment intended
for use during the maintenance, serv-
ice, or repair of appliances except
MVACs and MVAC-like appliances or
during the disposal of appliances ex-
cept small appliances, MVACs. and
MVAC-like appliances, shall have had
such equipment certified by an ap-
proved equipment testing organization
to meet the applicable requirements in
paragraph (b) or (d) of this section. All
manufacturers and importers of recy-
cling and recovery equipment intended
for use during the maintenance, serv-
ice, or repair of MVAC-like appliances
shall have had such equipment cer-
tified pursuant to §82.36(a).
(b) Equipment manufactured or im-
ported on or after November IS. 1993 for
422
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Environmental Protection Agency
use during the maintenance, service, or
repair of appliances except small appli-
ances. MVACs. and MVAC-like appli-
ances or during the disposal of appli-
ances except small appliances. MVACs.
and MVAC-like appliances must be cer-
tified by an approved equipment test-
ing organization to meet the following
requirements:
(1) In order to be certified, the equip-
ment must be capable of achieving the
level of evacuation specified in Table 2
of this section under the conditions of
the ARI Standard 740-1993. Perform-
ance of Refrigerant Recovery. Recy-
cling and/or Reclaim Equipment (ARI
740-1993) (Appendix B):
TABLE 2.—LEVELS OF EVACUATION WHICH
MUST BE ACHIEVED BY RECOVERY on RECY-
CLING EQUIPMENT INTENDED FOR USE WITH
APPLIANCES'
(Manufactured on or alter Nswmoer ts. 1993)
Type o< acaMnce win wn.cn recovery or recycling
macntne is imenoeo to Be useo
HCFC-22 appliances, or isolated component of
sucn appliances, normally containing less than
200 oounos of rtfngtnam „
HCFC-22 appliance*, or solawj camoonem of
sueft aso^ances, normaiy eontairmg 2C3Q
potiwt or mow of refrigerant ._ ;
Very fugft-rwssufle ««*«nses _ ..._
Qtoe* f&igjvcresswfe «0©ftanees. or sseiaftea com-
ponera of sucft M»*w>ces. resimaiy containino,
less man 200 oounas ol refrigerant _
Other hjgfvpressure appliances. Of isolated com-
ponent of sucn appliances, normally containing
200 pounds or more ol refrigerant
Low-o«*fure appliances _
incites
of Hg
vacuum
10
0
' Exeeoi tor srratft astxiances. MVACs. ana MVAC-Ute ap-
' mm Hg aesotule,
The vacuums specified in inches of
Hg vacuum must be achieved relative
to an atmospheric pressure of 29.9
inches of Hg absolute.
(2) Recovery or recycling equipment
whose recovery efficiency cannot be
tested according to the procedures in
ARI 740-1993 may be certified if an ap-
proved third-party testing organization
adopts and performs a test that dem-
onstrates. to the satisfaction of the Ad-
ministrator. that the recovery effi-
ciency of that equipment is equal to or
better than that of equipment that:
(i) Is intended for use with the same
type of appliance: and
(ii) Achieves the level of evacuation
in Table 2. The manufacturer's instruc-
§82.158
tions must specify how to achieve the
required recovery efficiency, and the
equipment must be tested when used
according to these instructions.
(3) The equipment must meet the
minimum requirements for ARI certifi-
cation under ARI 740-1993.
(4) If the equipment is equipped with
a noncondensables purge device:
(i) The equipment must not release
more than five percent of the quantity
of refrigerant being recycled through
noncondensables purging under the
conditions of ARI 740-1993: and
(ii) Effective May 14. 1995, the equip-
ment must not release more than three
percent of the quantity of refrigerant
being recycled through
noncondensables purging under the
conditions of ARI 740-1993.
(5) The equipment must be equipped
with low-loss fittings on all hoses.
(6) The equipment must have its liq-
uid recovery rate and its vapor recov-
ery rate measured under the conditions
of ARI 740-1993. unless the equipment
has no inherent liquid or vapor recov-
ery rate.
(c) Equipment manufactured or im-
ported before November 15. 1993 for use
during the maintenance, service, or re-
pair of appliances except small appli-
ances. MVACs. and MVAC-like appli-
ances or during the disposal of appli-
ances except small appliances. MVACs.
and MVAC-like appliances will be con-
sidered certified if it is capable of
achieving the level of evacuation speci-
fied in Table 3 of this section when
tested using a properly calibrated pres-
sure gauge:
TABLE 3.—LEVELS OF EVACUATION WHCH
MUST BE ACHIEVED BY RECOVERY OR RECY-
CLING MACHINES INTENDED FOR USE WITH
APPLIANCES '
[Manufactured before November 15, 1993]
Typt ol
used
HCFC-22 equipment or isolated com-
ponent of such equipment, normally
containing less than 200 pounds of
refrigerant _. _ _
HCFC-22 equipment, or isolated ccm-
ponem of sue?* equipment, normalty
cof^tatfwiQ 200 pounds or inofe of
fefngetam
incfm of vacuum
fnMMwc ta standard
sun at 2SJ incfwf
V«fy f*gh-pr»«iur» *guipRt«M
423
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§82.158
40 CFR Ch. I (7-1-97 Edition)
TABLE 3.—LEVELS of EVACUATION WHICH
MUST BE ACHIEVED BY RECOVERY OR RECY-
CLING MACHINES INTENDED FOR USE WITH
APPUANCES 1—Continued
{MwH^eaawe Otlom Nwwnoer 15. 1893J
Tytn o» mt-tanaoanirtg or i*lnge
-------
Environmental Protection Agency
§82.160
under this section continues to meet
the certification criteria.
Such retests or inspections must be
conducted at least once every three
years after the equipment is first cer-
tified.
(k) An equipment model line that has
been certified under this section may
have its certification revoked if it is
subsequently determined to fail to
meet the certification criteria. In such
cases, the Administrator or her or his
designated representative shall give
notice to the manufacturer or importer
setting forth the basis for her or his de-
termination.
(I) Equipment used to evacuate re-
frigerant from MVACs and MVAC-like
appliances before they are disposed of
must be capable of reducing the system
pressure to 102 mm of mercury vacuum
under the conditions of the SAE Stand-
ard, SAE J1990 (appendix A to 40 CFR
part 82, subpart B).
(m) Equipment used to evacuate re-
frigerant from small appliances before
they are disposed of must be capable of
either:
(1) Removing 90% of the refrigerant
when the compressor of the small ap-
pliance is operating and 80% of the re-
frigerant when the compressor of the
small appliance is not operating, when
used in accordance with the manufac-
turer s instructions under the condi-
tions of appendix C, Method for Testing
Recovery Devices for Use With Small
Appliances: or
(2) Evacuating the small appliance to
four inches of vacuum when tested
using a properly calibrated pressure
|5« FR Z8712. May 14. IS93. as amended at 59
FR 42957. Aug. 19. 1994)
§82.160 Approved equipment testing
organizations.
(a) Any equipment testing organiza-
tion may apply for approval by the Ad-
ministrator to certify equipment pur-
suant to the standards in §82.158 and
appendices B or C of this subpart. The
application shall be sent to: Section-608
Recycling Program Manager. Strato-
spheric Protection Division. 6205-J,
U.S. Environmental Protection Agen-
cy, 401 M Street. SW.. Washington. DC
20460.
(b) Applications for approval must in-
clude written information verifying the
following:
(1) The list of equipment present at
the organization that will be used for
equipment testing.
(2) Expertise in equipment testing
and the technical experience of the or-
ganization's personnel.
(3) Thorough knowledge of the stand-
ards as they appear in §82.158 and ap-
pendices B and/or C (as applicable) of
this subpart,
(4) The organization must describe
its program for verifying the perform-
ance of certified recycling and recovery
equipment manufactured over the long
term, specifying whether retests of
equipment or inspections of equipment
at manufacturing facilities will be
used.
(5) The organization must have no
conflict of interest and receive no di-
rect or indirect financial benefit from
the outcome of certification testing
(6) The organization must agree to
allow the Administrator access to
records and personnel to verify the in-
formation contained in the application.
(c) Organizations may not certify
equipment prior to receiving approval
from EPA. If approval is denied under
this section, the Administrator or her
or his designated representative shall
give written notice to the organization
setting forth the basis for her or his de-
termination.
(d) If at any time an approved testing
organization is found to be conducting
certification tests for the purposes of
this subpart in a manner not consistent
with the representations made in its
application for approval under this sec-
tion, the Administrator reserves the
right to revoke approval. In such cases.
the Administrator or her or his des-
ignated representative shall give no-
tice to the organization setting forth
the basis for her or his determination.
(e) Testing organizations seeking ap-
proval of an equipment certification
program may also seek approval to cer-
tify equipment tested previously under
the program. Interested organizations
may submit to the Administrator at
the address in §82.160 (a) verification
that the program met all of the stand-
ards in §82,160(b) and that equipment
to be certified was tested to and met
425
-------
§82.161
40 CFR Ch. I (7-1-97 Edition)
the applicable standards in §82.158 (b)
or (d). Upon EPA approval, the pre-
viously tested equipment may be cer-
tified without being retested (except
insofar as such retesting is part of the
testing organization's program for
verifying the performance of equip-
ment manufactured over the long term,
pursuant to §82.160(b)(4)).
|58 FR 28712. May 14. 1993. as amended at 59
FR 42962. Aug. 19~ 19941
§82.161 Technician certification,
(a) Effective November 14. 1994. tech-
nicians, except technicians who suc-
cessfully completed voluntary certifi-
cation programs that apply for ap-
proval under §82.161 (g) by December 9.
1994. must be certified by an approved
technician certification program under
the requirements of this paragraph (a).
Effective May 15. 1995. all technicians
must be certified by an approved tech-
nician certification program under the
requirements of this paragraph (a).
(1) Technicians who maintain, serv-
ice, or repair small appliances as de-
fined in §82.!52{x) must, be properly cer-
tified as Type I technicians.
(2) Technicians who maintain, serv-
ice, or repair high or very high-pres-
sure appliances, except small appli-
ances and MVACs, or dispose of high or
very high-pressure appliances, except
small appliances and MVACs. must be
properly certified as Type II techni-
cians.
(3) Technicians who maintain, serv-
ice, or repair low-pressure appliances
or dispose of low-pressure appliances
must be properly certified as Type III
technicians.
(4) Technicians who maintain, serv-
ice, or repair low- and high-pressure
equipment as described in §82.161(a) (1).
(2) and (3) must be properly certified as
Universal technicians.
(5) Technicians who maintain, serv-
ice, or repair MVAC-like appliances
must either be properly certified as
Type II technicians or complete the
training and certification test offered
by a training and certification program
approved under §82.40
(6) Apprentices are exempt from this
requirement provided the apprentice is
closely and continually supervised by a
certified technician while performing
any maintenance, service, repair, or
disposal that could reasonably be ex-
pected to release refrigerant from ap-
pliances into the environment. The su-
pervising certified technician is re-
sponsible for ensuring that the appren-
tice complies with this subpart.
(b) Test Subject Material. The Admin-
istrator shall maintain a bank of test
questions divided into four groups, in-
cluding a core group and three tech-
nical groups. The Administrator shall
release this bank of questions only to
approved technician certification pro-
grams. Tests for each type of certifi-
cation shall include a minimum of 25
questions drawn from the core group
and a minimum of 25 questions drawn
from each relevant technical group.
These questions shall address the sub-
ject areas listed in appendix D.
(c) Program Approval. Persons may
seek approval of any technician certifi-
cation program (program), in accord-
ance with the provisions of this para-
graph, by submitting to the Adminis-
trator at the address in §82.160(a) ver-
ification that the program meets all of
the standards listed in appendix D and
the following standards:
(1) Alternative Examinations. Pro-
grams are encouraged to make provi-
sions for non-English speaking techni-
cians by providing tests in other lan-
guages or allowing the use of a trans-
lator when taking the test. If a trans-
lator is used, the certificate received
must indicate that translator assist-
ance was required. A test may be ad-
ministered orally to any person who
makes this request, in writing, to the
program at least 30 days before the
scheduled date for the examination.
The letter must explain why the re-
quest is being made.
(2) Recertification. The Administrator
reserves the right to specify the need
for technician recertification at some
future date, if necessary, by placing a
notice in the FEDERAL REGISTER.
(3) Proof of Certification. Programs
must issue individuals a wallet-sized
card to be used as proof of certifi-
cation, upon successful completion of
the test. Programs must issue an iden-
tification card to technicians that re-
ceive a score of 70 percent or higher on
the closed-book certification exam,
within 30 days. Programs providing
Type I certification using the mail-in
426
-------
Environmental Protection Agency
§82.161
format, must issue a permanent identi-
fication card to technicians that re-
ceive a score of 84 percent or higher on
the certification exam, no later than 30
days after the program has received
the exam and any additional required
material. Each card must include, at
minimum, the name of the certifying
program, and the date the organization
became a certifying program, the name
of the person certified, the type of cer-
tification, a unique number for the cer-
tified person, and the following text:
fName of person] has been certified
as a (Type I. Type II. Type III, and/or
Universal, as appropriate] technician
as requireo by 40 CFR part 82. subpart
F.
(4) The Administrator reserves the
right to consider other factors deemed
relevant to ensure the effectiveness of
certification programs.
(d) If approval is denied under this
section, the Administrator shall give
written notice to the program setting
forth the basis for her or his deter-
mination.
(e) If at any time an approved pro-
gram violates any of the above require-
ments, the Administrator reserves the
right to revoke approval. In such cases.
the Administrator or her or his des-
ignated representative shall give no-
tice to the organization setting forth
the basis for her or his determination.
(f) Authorized representatives of the
Administrator may require technicians
to demonstrate on the business entity's
premises their ability to perform prop-
er procedures for recovering and/or re-
cycling refrigerant. Failure to dem-
onstrate or failure to properly use the
equipment may result in revocation of
the certificate. Failure to abide by any
of the provisions of this subpart may
also result in revocation or suspension
of the certificate. If a technician's cer-
tificate is revoked, the technician
would need to recertify before main-
taining, servicing, repairing or dispos-
ing of any appliances.
(g)(l) Any person seeking approval of
a technician certification program may
abo seek approval to certify techni-
cians who successfully completed a vol-
untary certification program operated
previously by that person. Interested
persons must submit to the Adminis-
trator at the address in §82.160{a) ver-
ification that the voluntary certifi-
cation program substantially complied
with most of the standards of §82.161 (c)
and appendix D of subpart F of this
part. If the program did not test or
tram participants on some elements of
the test subject material, the person
must submit supplementary informa-
tion on the omitted material to the Ad-
ministrator for approval and verify
that the approved information will be
provided to technicians pursuant to
section j of appendix D of subpart F of
this part. In this case, the person may
not issue a certification card to a tech-
nician until he or she has received a
signed statement from the technician
indicating that the technician has read
the supplementary information. Ap-
proval may be granted for Type I. Type
II. or Type III certification, or some
combination of these, depending upon
the coverage in the voluntary certifi-
cation program of the information in
each Type. In order to have their vol-
untary programs considered for ap-
proval, persons must submit applica-
tions both for approval as a technician
certification program and for approval
as a voluntary program by December 9,
1994.
(2)(i) Persons who are approved to
certify technicians who successfully
completed their voluntary programs
pursuant to §82.161(g)(]) must:
(A) Notify technicians who success-
fully completed their voluntary pro-
grams of the Administrator's decision
within 60 days of that decision:
(B) Send any supplementary mate-
rials required pursuant to §82.!61(g)(l)
to technicians who successfully com-
pleted their voluntary programs within
60 days of the Administrator's decision:
and
(C) Send certification cards to tech-
nicians who successfully completed
their voluntary programs within 60
days of receipt of signed statements
from the technicians indicating that
the technicians have read the supple-
mentary information.
(ii) Persons who are disapproved to
certify technicians who successfully
completed their voluntary programs
pursuant to §82.161(g)(l) must notify
technicians who successfully com-
pleted their voluntary programs of the
427
-------
§82.162
40 CFR Ch. I (7-1-97 Edition)
Administrator's decision within 30 days
of that decision.
(iii) Persons who withdraw applica-
tions for voluntary program approval
submitted pursuant to §82.161(g)(l)
must inform technicians who success-
fully completed their voluntary pro-
grams of the withdrawal by the later of
30 days after the withdrawal or Decem-
ber 9, 1994.
(3) Technicians who successfully
completed voluntary certification pro-
grams may receive certification in a
given Type through that program only
if:
(i) The voluntary certification pro-
gram successfully completed by the
technician is approved for that Type
pursuant to §82.161(g){l);
(ii) The technician successfully com-
pleted the portions of the voluntary
certification program that correspond
to that Type: and
(iii} The technician reads any supple-
mentary materials required by the Ad-
ministrator pursuant to §82_161(g)(l)
and section j of appendix D of subpart
F of this part, and returns the signed
statement required by §82.161(g)(l).
[58 FR 28712. May 14. 19S3. as amended at S3
FR 42957, 42962. A'ug. IS, J994|
§82.162 Certification by owners of re-
covery and recycling equipment.
(a) No later than August 12. 1993. or
within 20 days of commencing business
for those persons not in business at the
time of promulgation, persons main-
taining, servicing, or repairing appli-
ances except for MVACs. and persons
disposing of appliances except for small
appliances and MVACs. must certify to
the Administrator that such person has
acquired certified recovery or recycling
equipment and is complying with the
applicable requirements of this sub-
part. Such equipment may include sys-
tem-dependent equipment but must in-
clude self-contained equipment, if the
equipment is to be used in the mainte-
nance, service, or repair of appliances
except for small appliances. The owner
or lessee of the recovery or recycling
equipment may perform this cerctfi-
cation for his or her employees. Certifi-
cation shall take the form of a state-
ment signed by the owner of the equip-
ment or another responsible officer and
setting forth:
(1) The name and address of the pur-
chaser of the equipment, including the
county name;
(2) The name and address of the es-
tablishment where each piece of equip-
ment is or will be located;
(3) The number of service trucks (or
other vehicles) used to transport tech-
nicians and equipment between the es-
tablishment and job sites and the field:
(4) The manufacturer name, the date
of manufacture, and if applicable, the
model and serial number of the equip-
ment: and
(5) The certification must also in-
clude a statement that the equipment
will be properly used in servicing or
disposing of appliances and that the in-
formation given is true and correct.
Owners or lessees of recycling or recov-
ery equipment having their places of
business in:
Connecticut
Maine
Massachusetts
New Hampshire
Rhode Island
Vermont
must send their certifications to:
CAA §608 Enforcement Contact. EPA Re-
gion I. Mail Code APC. JFK Federal Build-
ing. One Congress Street. Boston. MA 02203.
Owners or lessees of recycling or re-
covery equipment having their places
of business in:
New York
New Jersey
Puerto Rico
Virgin Islands
must send their certifications to:
CAA §601 Enforcement Contact, EPA Re-
gion II. Jacob K. Javits Federal Building. 18
Federal Plaza. Room 5000, New York. NY
10278.
Owners or lessees of recycling or re-
covery equipment having their places
of business in:
Delaware
District of Columbia
Maryland
Pennsylvania
Virginia
West Virginia
must send their certifications to:
CAA §608 Enforcement Contact. EPA Re-
gion III, Mail Code 3AT2I, 841 Chestnut
Building. Philadelphia. PA 19107.
428
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Environmental Protection Agency
§82.162
Owners or lessees of recycling or re-
covery equipment having their places
of business in:
Alabama
Florida
Georgia
Kentucky
•Mississippi
North Carolina
South Carolina
Tennessee
must send their certifications to:
CAA S60S Enforcement Contact. EPA Re-
gion IV. 345 Courtland Street, NE., Mail Code
A.PT-AE, Atlanta- CA 303S5.
Owners or lessees of recycling or re-
covery equipment having their places
of business in:
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
must send their certifications to:
CAA §608 Enforcement Contact. EPA Re-
gion V, Mail Code AT18J. 77 VV. Jackson
Blvd., Chicago. IL 60604-3507.
Owners or lessees of recycling or re-
covery equipment having their places
of business in:
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
must send their certifications to:
CAA §608 Enforcement Contact. EPA Re-
gion VI, Mail Code 6T-EC. First Interstate
Tower at Fountain Place. 1445 Ross Ave..
Suite 1300. Dallas, TX 75202-2733.
Owners or lessees of recycling or re-
covery equipment having their places
of business in:
Iowa
Kansas
Missouri
Nebraska
must send their certifications to:
CAA §608 Enforcement Contact. EPA Re-
gion VIJ. Mail Code ARTX/ARBR, 126 Min-
nesota Ave.. Kansas City. KS 66101. ~
Owners or lessees of recycling or re-
covery equipment having their places
of business in:
Colorado
Montana
North Dakota
South Dakota
Utah
Wyoming
must send their certifications to:
CAA §6Qt Enforcement Contact, EPA Re-
gion VIII. Mail Code §AT-AP. 989 18th Street.
Suite 500. Denver. CO S0202-2405,
Owners or lessees of recycling or re-
covery equipment having their places
of business in:
American Samoa
Arizona
California
Guam
Hawaii
Nevada
must send their certifications to:
CAA §6W Enforcement Contact. EPA Re-
gion IX. Mail Code A-3. 75 Hawthorne Street.
San Francisco. CA S410S.
Owners or lessees of recycling or re-
covery equipment having their places
of business in:
Alaska
Idaho
Oregon
Washington
must send their certifications to:
CAA §608 Enforcement Contact, EPA Re-
gion X, Mail Code AT-082. 1200 Sixth Ave..
Seattle. WA 98)01.
(b) Certificates under paragraph (a)
of this section are not transferable. In
the event of a change of ownership of
an entity that maintains, services, or
repairs appliances except MVACs, or
that disposes of appliances except
small appliances. MVACs, and MVAC-
like appliances, the new owner of the
entity shall certify within 30 days of
the change of ownership pursuant to
paragraph (a) of this section,
(c) No later than August 12. 1993, per-
sons recovering refrigerant from small
appliances, MVACs. and MVAC-like ap-
pliances for purposes of disposal of
these appliances must certify to the
Administrator that such person has ac-
quired recovery equipment that meets
the standards set forth in §82,158 0)
and/or (m). as applicable, and that such
person is complying with the applica-
ble requirements of this subpart, Such
equipment may include system-depend-
ent equipment but must include self-
429
-------
§82.164
40 CFR Ch. I (7-1-97 Edition)
contained equipment, if the equipment
is to be used in the disposal of appli-
ances except for small appliances. The
owner or lessee of the recovery or recy-
cling equipment may perform this cer-
tification for his or her employees. Cer-
tification shall take the form of a
statement signed by the owner of the
equipment or another responsible offi-
cer and setting forth:
(1) The name and address of the pur-
chaser of the equipment, including the
county name;
(2) The name and address of the es-
tablishment where each piece of equip-
ment is or will be located;
(3) The number of service trucks (or
other vehicles) used to transport tech-
nicians and equipment between the es-
tablishment and job sites and the field;
(4) The manufacturer's name, the
date of manufacture, and if applicable.
the model and serial number of the
equipment: and
(5) The certification must also in-
clude a statement that the equipment
will be properly used in recovering re-
frigerant from appliances and that the
information given is true and correct.
The certification shall be sent to the
appropriate address in paragraph (a).
(d) Failure to abide by any of the pro-
visions of this subpart may result in
revocation or suspension of certifi-
cation under paragraph (a) or (c) of this
section. In such cases, the Adminis-
trator or her or his designated rep-
resentative shall give notice to the or-
ganization setting forth the basis for
her or his determination.
|58 FR 28712. May 14, 1993. as amended at 59
FR 42962. Aug. 19. I994J
§82.164 Reclaimer certification.
Effective October 18. 1994. all persons
reclaiming used refrigerant for sale to
a new owner, except for persons who
properly certified under this section
prior to October 18. 1994. must certify
to the Administrator that such person
will:
(a) Return refrigerant to at least the
standard of purity set forth In appendix
A (based on ARI Standard 700-1993.
Specifications for Fluorocarbon and
Other Refrigerants);
(b) Verify this purity using the meth-
ods set forth in appendix A;
(c) Release no more than 1.5 percent
of the refrigerant during the reclama-
tion process; and
(d) Dispose of wastes from the rec-
lamation process in accordance with
all applicable laws and regulations.
(e) The data elements for certifi-
cation are as follows:
(1) The name and address of the re-
claimer;
(2) A list of equipment used to re-
process and analyze the refrigerant:
and
(3) The owner or a responsible officer
of the reclaimer must sign the certifi-
cation stating that the refrigerant will
be returned to at least the standard of
purity set forth In appendix A. that the
purity of the refrigerant will be veri-
fied using the methods set forth in ap-
pendix A, that no more than 1.5 percent
of the refrigerant will be released dur-
ing the reclamation process, that
wastes from the reclamation process
will be properly disposed of. and that
the information given is true and cor-
rect. The certification should be sent
to the following address: Section 608
Recycling Program Manager. Re-
claimer Certification. Stratospheric
Protection Division (6205J). U.S. Envi-
ronmental Protection Agency. 401 M
Street, SW., Washington, DC 20460.
(f) Certificates are not transferable.
In the event of a change in ownership
of an entity which reclaims refrig-
erant, the new owner of the entitv
shall certify within 30 days of the
change of ownership pursuant to this
section.
(g) Failure to abide by any of the pro-
visions of this subpart may result in
revocation or suspension of the certifi-
cation of the reclaimer. In such cases.
the Administrator or her or his des-
ignated representative shall give no-
tice to the organization setting forth
the basis for her or his determination.
158 FR 28712. May 14. 1993. as amended at 59
FR 42S57. 42962. Aug. 19. 1994: 59 FR 55921.
Nov. 9. 19941
§82,166 Reporting and recordkeeping
requirements.
(a) Effective November 14. 1994. all
persons who sell or distribute any class
I or class II substance for use as a re-
frigerant must retain invoices that in-
dicate the name of the purchaser, the
430
-------
Environmental Protection Agency
§82.166
date of sale, and the quantity of refrig-
erant purchased.
(b) Purchasers of any class I or class
II refrigerants who employ certified
technicians may provide evidence that
at least one technician is properly cer-
tified to the wholesaler who sells them
refrigerant; the wholesaler will then
keep this information on file and mav
sell refrigerant to the purchaser or his
authorized representative even if such
purchaser or authorized representative
is not a properly certified technician.
In such cases, the purchaser must no-
tify the wholesaler in the event that
the purchaser no longer employs at
least one properly certified technician.
The wholesaler is then prohibited from
seiling class I or class II refrigerants to
the purchaser until such time as the
purchaser employs at least one prop-
erly certified technician. At that time,
the purchaser must provide new evi-
dence that at least one technician is
properly certified.
(c) Approved equipment testing orga-
nizations must maintain records of
equipment testing and performance
and a list of equipment that meets
EPA requirements, A list of all cer-
tified equipment shall be submitted to
EPA within 30 days of the organiza-
tion's approval by EPA and annually at
the end of each calendar year there-
after.
(d) Approved equipment testing orga-
nizations shall submit to EPA within
30 days of the certification of a new
model line of recycling or recovery
equipment the name of the manufac-
turer and the name and/or serial num-
ber of the model line.
(e) Approved equipment testing orga-
nizations shall notify EPA if retests of
equipment or inspections of manufac-
turing facilities conducted pursuant to
§82.158{j) show that a previously cer-
tified model line fails to meet EPA re-
quirements. Such notification must be
received within thirty days of the
retest or inspection.
(0 Programs certifying technicians
must maintain records in accordance
with section (g) of appendix D of tRis
subpart,
(g) Reclaimers must maintain
records of the names and addresses of
persons sending them material for rec-
lamation and the quantity of the mate-
rial (the combined mass of refrigerant
and contaminants) sent to them for
reclamation. Such records shall be
maintained on a transactional basis.
(h) Reclaimers must maintain
records of the quantity of material
sent to them for reclamation, the mass
of refrigerant reclaimed, and the mass
of waste products. Reclaimers must re-
port this information to the Adminis-
trator annually within 30 days of the
end of the calendar year,
(i) Persons disposing of small appli-
ances. MVACs. and MVAC-like appli-
ances must maintain copies of signed
statements obtained pursuant to
582.156(0(2).
(j) Persons servicing appliances nor-
mally containing 50 or more pounds of
refrigerant must provide the owner/op-
erator of such appliances with an in-
voice or other documentation, which
indicates the amount of refrigerant
added to the appliance.
(k) Owners/operators of appliances
normally containing 50 or more pounds
of refrigerant must keep servicing
records documenting the date and type
of service, as well as the quantity of re-
frigerant added. The owner/operator
must keep records of refrigerant pur-
chased and added to such appliances in
cases where owners add their own re-
frigerant. Such records should indicate
the date(s) when refrigerant is added.
(1) Technicians certified under §82.161
must keep a copy of their certificate at
their place of business.
(m) All records required to be main-
tained pursuant to this section must be
kept for a minimum of three years un-
less otherwise indicated. Entities that
dispose of appliances must keep these
records on-site,
(n) The owners or operators of appli-
ances must maintain on-site and report
to EPA at the address listed in §82,160
the following information, where such
reporting and recordkeeping is required
and within the timelines specified
under §82.156 (i)(l). (0(2). (0(3) and
(i)(5). This information must be rel-
evant to the affected appliance and
must include: identification of the fa-
cility; the leak rate; the method used
to determine the leak rate and full
charge: the date a leak rate of greater
than the allowable annual leak rate
was discovered: the location of leaks(s)
431
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§82.166
40 CFR Ch. I (7-1-97 Edition)
to the extent determined to date; and
any repair work that has been com-
pleted thus far and the date that work
was completed,
(1) The reasons why more than 30
days are needed to complete the work
and an estimate of when repair work
will be completed must be submitted
with the initial information submitted
with the information listed in para-
graph (n) of this section. If changes
from the original estimate of when
work will be completed result in mov-
ing the completion date forward from
the date submitted to EPA. the reasons
for these changes must be documented
and submitted to EPA within 30 days of
discovering the need for such a change.
(2) If the owners or operators intend
to establish that the appliance's an-
nual leak rate does not exceed the ap-
plicable allowable annual leak rate in
accordance with §82.156(i){3)(v), the
owner or operator is required to submit
a plan to fix other outstanding leaks
for which repairs are planned but not
yet completed to achieve a rate below
the applicable allowable leak rate with
the information listed in paragraph (n)
of this section. Identification of the fa-
cility and date the original informa-
tion regarding additional time beyond
the initial 30 days was filed, and notifi-
cation of the determination that the
leak rate no longer exceeds the allow-
able annual leak rate must be included
within 30 days of making such deter-
mination.
(3) The dates and types of all initial
and follow-up verification tests per-
formed and the test results for all ini-
tial and follow-up verification tests
must be maintained and submitted to
EPA within 30 days after conducting
each test where recordkeeping and re-
porting is required within the
timelines specified under §82.156 (0(1).
(i)(2). (i)(3) and (i){5).
{oS The owners or operators of appli-
ances must maintain on-site and report
to EPA at the address specified in
§82.160 the following information where
such reporting and recordkeeping is re-
quired and in the timelines specifledln
§82.156 (i)(7) and (i){8). in accordance
with §82.156 (i)(7) and (i)(8). This infor-
mation must be relevant to the af-
fected appliance and must include:
(1) The identification of the indus-
trial process facility;
(2) The leak rate:
(3) The method used to determine the
leak rate and full charge:
(4) The date a leak rate of 35 percent
or greater was discovered:
(5) The location of leaks(s) to the ex-
tent determined to date;
(6) Any repair work that has been
completed thus far and the date that
work was completed:
(7) A plan to complete the retrofit or
replacement of the system:
(8) The reasons why more than one
year is necessary to retrofit to replace
the system:
(9) The date of notification to EPA:
and
(10) An estimate of when retrofit or
replacement work will be completed.
(i) If the estimated date of comple-
tion changes from the original esti-
mate and results in moving the date of
completion forward, documentation of
the reason for these changes must be
submitted within 30 days of occurring.
(ii) If the estimated date of comple-
tion changes from the original esti-
mate and results in moving the date of
completion forward, the date of notifi-
cation to EPA regarding this change
and the estimate of when the work will
be completed must be maintained and
submitted.
(p)(l) Owners or operators who wish
to exclude purged refrigerants that are
destroyed from annual leak rate cal-
culations must maintain records on-
site to support the amount of refrig-
erant claimed as sent for destruction.
Records shall be based on a monitoring
strategy that provides reliable data to
demonstrate that the amount of refrig-
erant claimed to have been destroyed is
not greater than the amount of refrig-
erant actually purged and destroyed
and that the 98 percent or greater de-
struction efficiency is met. Records
shall include flow rate, quantity or
concentration of the refrigerant in the
vent stream, and periods of purge flow.
(2) Owners or operators who wish to
exclude purged refrigerants that are
destroyed from annual leak rate cal-
culations must maintain on-site and
make available to EPA upon request
the following Information after the
432
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Environmental Protection Agency
Pt. 82, Subpt. F, App. A
first time the exclusion is utilized by
the facility:
(i) The identification of the facility
and a contact person, including the ad-
dress and telephone number:
00 A general description of the re-
frigerant appliance, focusing on aspects
of the appliance relevant to the purg-
ing of refrigerant and subsequent de-
struction:
{iiij A description of the methods
used to determine the quantity of re-
frigerant sent for destruction and type
of records that are being kept by the
owners or operators where the appli-
ance is located;
(iv) The frequency of monitoring and
data-recording: and
(v) A description of the control de-
vice. and its destruction efficiency
This information must also be in-
cluded. where applicable, in any report-
ing requirements required for compli-
ance with the leak repair and retrofit
requirements for industrial process re-
frigeration equipment, as set forth in
paragraphs (n) and (o) of this section.
{q) Owners or operators choosing to
determine the full charge as defined in
§82.152 of an affected appliance by
using an established range or using
that methodology in combination with
other methods for determining the full
charge defined in the following infor-
mation:
(1) The identification of the owner or
operator of the appliance:
(2) The location of the appliance:
(3) The original range for the full
charge of the appliance, its midpoint.
and how the range was determined:
(4) Any and all revisions of the full
charge range and how they were deter-
mined; and
(5) The dates such revisions occurred.
|5* FR 28712. May 14. 1993. as amended at 59
FR 42957. Aug. 19. 1994: 60 FR 40443. Ayg, 8.
APPENDIX A TO SUBPART F— SPECIFICA-
TIONS FOR FLUOROCARBON REFRIG-
ERANTS
This appendix is based on Air-Conditioning
and Refrigeration Institute Standard 700-93:
Section I. Purpose
1.1 Purpose The purpose of this standard
is to evaluate and accept/reject refrigerants
regardless of source (new. reclaimed and/or
repackaged) for use in new and existing re-
frigeration and air-conditioning products.
1.1.1 This standard is intended for the
guidance of the industry including manufac-
turers, refrigerant reclaimers, repackages,
distributors, installers, servicemen, contrac-
tors and for consumers.
1.2 Review and Amendment. This standard
is subject to review and amendment as the
technology advances. The dynamics of this
technology is advancing so rapidly that
changes to this standard must be frequent.
Section 2. Scope
2.1 Scape. This standard specifies accept-
able levels of contaminants (purity require-
ments) for various fluorocarbon refrigerants
regardless of source and lists acceptable test
methods. These refrigerants are Rll: R12;
R13. R22: R113: R114: R123; R124. R500: R502
and R503 as referenced in the ANSl/ASHRAE
Standard Number Designation and Safety
Classification of Refrigerants (American So-
ciety of Heating. Refrigerating and AJr Con-
ditioning Engineers. Inc.. Standard 34 1992).
Copies may be obtained from ASHRAE Pub-
lications Sales. 1T91 Tullie Circle. NE.. At-
lanta. GA 30329. Copies may also be inspected
at Public Docket No. A-92-41. Waterside Mall
(Ground Floor) Environmental Protection
Agency. 401 M Street. SW.. Washington. DC
in room M-1SOO. In addition the following
blends are listed: R2Z'152a/124 (53/1334): R22/
152a/124 (6I/11/28); R125/29002 (60/2/38); R125/29G/
22 (38/2/60).
Section 3 Definitions
3.1 "Shall", "Should", "Recommended", or
"It Is Recommended" "Shall", "should".
"recommended", or "it is recommended"
shall be interpreted as follows:
3.1.1 Shall, Where "shall" or "shall not" is
used for a provision specified, that provision
is mandatory if compliance with the stand-
ard is claimed.
3.1.2 Should, Recommended, or ft is Rec-
Qtnmended. "Should ". "recommended", or
"it is recommended" is used to indicate pro-
visions which are not mandatory but which
are desirable as good practice.
Section 4. Characterization of Refrigerants and
Contaminants
4.1 Characterization. Characterization of
refrigerants and contaminants addressed are
listed in the following general classifica-
tions:
4.1.1 Characterization:
a. Gas Chromatography
b. Boiling point and boiling point range
4.1.2 Contaminants
a. Water
b. Chloride
c. Acidity
d. High boiling residue
e. Pamcuiatevsoiids
433
-------
R. 82, Subpt. F, App, A
40 CFR Ch. I (7-1-97 Edition)
f. Non-condensables
g. Impurities including other refrigerants
Section 5. Sampling. Summary of Test Methods
and Maximum Permioibie Contaminant Levels
5.1 Referee Test, "The referee cest methods
for the various contaminants are summa-
rized in the following paragraphs. Detailed
test procedures are included in Parts I
through S, 12 through 15, and 19 through 23 of
Appendix-93 to ARI Standard TOO: Analytical
Procedures of ARI Standard 100-93. 1994. the
Air-Conditionirtg and Refrigeration Insti-
tute. These parts of Appendix-93 to ARI TOO
are incorporated by reference. This Incorpo-
ration by reference was approved by the Di-
rector of the Federal Register in accordance
with 5 U.S.C. 5S2(a) and 1 CFR part 51, Copies
may be obtained from the Air-Conditioning
and Refrigeration Institute. 4301 North Fair-
fax Drive. Arlington. Virginia 22203. Copies
may also b« inspected at Public Docket No,
A-92-01. Waterside Mall (Ground Floor) Envi-
ronmental Protection Agency. 401 M Street.
SW.. Washington, DC in room M-1500 or at
the Office of the Federal Register. 800 North
Capitol Street. NW., Suite 700. Washington.
DC. If alternate test methods are employed.
the user must be able to demonstrate that
they produce results equivalent to the speci-
fied referee method.
5.2 Refrigerant Sampling.
S.2.I Sampling Precautions. Special pre-
cautions should be taken to assure that rep-
resentative samples are obtained for analy-
sis. Sampling shall be done by trained lab-
oratory personnel following accepted sam-
pling and safety procedures.
5.2.2 Gas Phase Sample. A gas phase sample
shall be obtained for determining the non-
condensables. Since non-condensable gases.
if present, will concentrate in the vapor
phase of the refrigerant, care must be exer-
cised to eliminate introduction of air during
the sample transfer. Purging is not an ac-
ceptable procedure for a gas phase sample
since it may introdyce a foreign product,
Since RII. RU3 and R123 have normal boiling
points at or above room temperature, non-
condensable determination is not required
for these refrigerants.
S..2.2.1 Connection, The sample cylinder
shall be connected to an evacuated gas sam-
pling bulb by means of a manifold. The mani-
fold should have a valve arrangement that
facilitates evacuation of all connecting tub-
ing leading to the sampling bulb.
5.2.2.2 Equalizing Pressures. After the
manifold has been evacuated, close the valve
to the pump and open the valve on the sys-
tem. Allow the pressure to equilibrate and
close valves.
5.2.3 Liquid Phase Sample. A liquid phase
sample is required for all tests listed in this
standard except the test for non-
condensables.
5.2.3.1 Preparation. Place an empty sample
cylinder with the valve open in an oven at
230 »F (110 "C] for one hour. Remove it from
the oven while hot. immediately connect to
an evacuation system and evacuate to less
than 1 mm mercury (1000 microns). Clos* the
valve and allow It to cool.
5.2.3.2 Manifolding. The valve and lines
from the unit to be sampled shall be clean
and dry. The cylinder shall be connected to
an evacuated gas sampling cylinder by
means of a manifold. The manifold should
have a valve arrangement that facilitates
evacuation of all connecting tubing leading
to the sampling cylinder.
5,2.3.3 Liquid Sampling. After the manifold
has been evacuated, close the valve to the
pump and open the valve on the system.
Take the sample as a liquid by chilling the
sample cylinder slightly. Accurate analysis
requires that the sample container be filled
to at least 60% by volume, however under no
circumstances should the cylinder be filled
to more than 80% by volume. This can be ac-
complished by weighing the empty cylinder
and then the cylinder with refrigerant. When
the desired amount of refrigerant has been
collected, close the valve(s) and di$conneci
the sample cylinder immediately.
5.2.3.4 Record Weight. Check the sample
cylinder for leaks and record the gross
weight.
5.3 Refrigerant Purity Characterization.
5.3.1 Primary Method. The primary method
shall be gas chromatography (CC3 as de-
scribed in Appendix-93 to ARJ Standard TOO.
The chromatogram of the sample shall be
compared to known standards.
5.3.2 Alternative Method. Determination of
the boiling point and boiling point range is
an acceptable alternative test method which
can be used to characterize refrigerants. The
test method shall be that described in the
Federal Specification for "Fluorocarbon Re-
frigerants." BB-F-1421 B. dated March 5.
1982. section 4.4.3 which is incorporated by
reference. This incorporation by reference
was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be obtained
from the U.S. Government Printing Office,
Superintendent of Documents. Mail Stop:
SSOP. Washington. DC 20402-9328. Copies
may also be inspected at Public Docket No.
A-92-01. Waterside Mall (Ground Floor) Envi-
ronmental Protection Agency. 401 M Street.
SW.. Washington. DC in roo'm M-1500 or at
the Office of the Federal Register. 800 North
Capitol Street. NW., Suite 700, Washington.
DC.
5.3.3 Required Values. The required values
for boiling point and boiling point range are
given in table I. Physical Properties of Fluo-
rocarbon Refrigerants and Maximum Con-
taminant Levels.
5.4 Water Content.
434
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Environmental Protection Agency
5.4.1 Method. The Couiometric Karl Fisch-
er Tltration shall be the primary test meth-
od for determining the water content of re-
frigerants. This method is described in Ap-
p*ndix-8J to ARI Standard 700. This method
can be used for refrigerants that are either a
liquid or a gas at room temperature, includ-
ing refrigerants II and !13. and 123. For all
refrigerants, the sample for water analysis
shall be taken from the liquid phase of the
container to be tested. Proper operation of
the analytical method requires special equip-
ment and an experienced operator. The pre-
cision of the results is excellent if proper
sampling and handling procedures are fol-
lowed. Refrigerants containing a colored dye
can be successfully analyzed for water using
this method.
5.4.2 Alternative Method. The Karl Fischer
Test Method is an acceptable alternative
test method to the Coulometnc Karl Fischer
Ttlration for determining the water content
of refrigerants. This method is described in
ASTM E700-79. (Reapproved 1990). Standard
Test Method for Water in Gases Using Karl
Fischer Reagent (American Society for Test-
ing and Materials. Philadelphia. PA), which
is incorporated by reference. This incorpora-
tion by reference was approved by the Direc-
tor of the Federal Register in accordance
with 5 U.S.C. S52(a) and 1 CFR part 51. Copies
may be obtained from the American Society
for Testing and Materials. Philadelphia. PA.
Copies may also be inspected at Public Dock-
et No. A~-92-01. Waterside Mall (Ground
Floor) Environmental Protection Agency.
•101 M Street. SW., Washington, DC in room
M-1SOO or at the Office of the Federal Reg-
ister, 800 North Capitol Street, NW.. Suite
700, Washington. DC.
5.4.3 Limits, The value for water content
shall be expressed as parts per million by
weight and shall not exceed the maximum
specified (see tables 1 and la).
5.5 Chloride. The refrigerant shall be test-
ed for chloride as an indication of the pres-
ence of hydrochloric acid and/or metal
chlorides. The recommended procedure is in-
tended for use with new or reclaimed refrig-
erants. Significant amounts of oil may inter-
fere with the results by indicating a failure
in the absence of chloride.
5.5.1 Method. The test method shall be
that described in Appendix-93 to ARI Stand-
ard 700. The test will show noticeable turbid-
ity at chloride levels of about 3 ppm by
weight or higher.
5.5.2 Turbidity. The results of the test
shall not exhibit any sign of turbidity. Re-
port the results as "pass" or "fail."
5.6 Acidity.
5.8,1 Method. The acidity test uses the ti-
tration principle to delect any compound
that is highly soluble in water and ionizes as
an actd. The test method shall be that de-
scribed in Appendix- 93 to ARI Standard TOO.
This test mav not be suitable for deiermina-
Pt. 82, Subpt F, App. A
uon of high molecular weight organic acids:
however these acids will be found in the high
boiling residue test outlined in 5.7. The test
requires a 100 to 120 gram sample and has a
detection limit of 0.1 ppm by weight cal-
culated as HC1.
5.6.2 Limits. Ths maximum permissible
acidity is ! ppm by weight as HCt.
S 7 High Boiling Residue.
5.7.1 Method, High boiling residue shall be
determined by measuring the residue of a
standard volume of refrigerant after evapo-
ration. The refrigerant sample shall be evap-
orated at room temperature or at a tempera-
ture SO *F 128K). above the boiling point of
the sample using a Goeti bulb as specified in
Appenduc- 93 to ARI Standard 700. Oils and or
organic acids wilt be captured by this meth-
od.
5.7.2 Limits. The value for high boiling res-
idue shall be expressed as a percentage by
volume and shall not exceed the maximum
percent specified (see tables 1 and la).
5.8 Particulaces/Solids.
5.8.1 Method. A measured amount of sam-
ple is evaporated from a Goetz bulb under
controlled temperature conditions. The par-
ticuiates/solids shall be determined by visual
examination of the Goetz bulb prior to the
evaporation of refrigerant. Presence of dirt.
rust or other particulate contamination is
reported as "fail." For details of this test
method, refer to Appendix-93 to ARI Stand-
ard 700.
5.9 Non-Condensables.
5.9.1 Sample A vapor phase sample shall
be used for determination of non-
condensables. Non-condensable gases consist
primarily of air accumulated in the vapor
phase of refrigerants. The solubility of air in
the refrigerants liquid phase is extremely
low and air is not significant as a liquid
phase contaminant. The presence of non-con-
densable gases may reflect poor quality con-
trol in transferring refrigerants to storage
tanks and cylinders.
5.9.2 Method. The test method shall be gas
chromatography with a thermal conductiv-
ity detector as described in Appendix-93 to
ARI Standard 700.
5.9.3 Limit. The maximum level of non-
condensables in the vapor phase of a refrig-
erant in a container shall not exceed 1.5% by
volume (see table 1 and la).
5.10 Impurities, including Other Refrig-
erants,
5.10.1 Method. The amount of other impu-
rities including other refrigerants in the sub-
ject refrigerant shall be determined by gas
chromatography as described in Appendix-93
to ARI Standard 100.
5.10.2 Li/nil. The subject refrigerant shall
not contain more than 0.50% by weight of
impurities including other refrigerants (see
table ! and la).
435
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Pi 82, Subpt F, App. A 40 CFR Ch>, CI.-,»97 Edition)
StcaonS. Reporting Procedure refrigerant shall be identified by to accepted
«.l Reporting Proctdum, The source {manu- ^Wgerant number awi?or Its chemical
facturar. reclaimer or repackager) of the Iuane Mmxtmam peitnissible levels or eon-
packag«d refrtgcrane shmil be identified The ^f"}'1^13 «* shewn in table 1- Test results
"° shall be tabulated in a like manner.
436
-------
TABLE 1,—-CHARACTERISTICS OF REFRIGERANTS AND MAXIMUM CONTAMINANT LEVELS
S1
Be&rwj Po»>!'
BoHm
Pass (O
10 2
Pass g
"Since Hi 1, fit 13 and HI23 h<«e nomtiti txniing points a! or above room lemperslufe, rum- condensable ddtefmtnafKfefls are no* required (of Ihese rcfng&ranfs
""Recognised ChfemcJ* level fur [Niss/ltMt ts 3ppm
•ft*.
03 TABLE 1A.— CHARACIEBISTCS OF REFRIGERANTS AND MAXIMUM CONTAMINANT Leveis
ChamcSensttes*:
Refrigerant Components . , ...........
Nominat Cornp. weighl%
Allowable Comp, w«tght% ....
Do.ltnr) Pewtr . .. . ,,,
Bulling Pt^l R^je* .... . ... ,.,,
Vapof Phase Cw*lsmmaiws:
Air nfNl other iwr»>c«jf«JsftsaW»s
Lfguid Ph,v,e Conl.irt'in.iT.ls
Vbalur „ ..... .... ......
AH Cthdf ifJiCHJlilmii hldlMMW IBlfH^fU'llS
High boding tosldu*
Partleutolos/wWi
Rijpcwlimj unrts
F 0 1 00 aim
C O 1. 00 aim
K
% by volume « 2S"C
pp*n by weifjhl , .
% by weight
% by volume
Visually clean lo pass .
Bel
etence
(sub
dause)
59
54
5 10
57
58
f 1.101 A
R22/I52*/
124
S3/ 13/34
51-55/11 5-
13.5/
33-35
27 .6 to
160
•334 10
•268
1 5
10
050
001
Pass
FM01B
R?2/ISZa/
124
ei/n/28
5K3/9&-
11 .51
27-29
304 lo
185
- 34 7 lo
-•Z86
1 S
10
050
001
Pj«
R402A
Rigyzoo/
22
BO/2/3B
SB-62/i-a/
3ft- 40
M 5 10
-S29
49 1 10
-472
1 S
10
0 t&O
001
P»ss
H4028
H12S/29W
22
38/2/BO
6-40/1 ~3t
58-62
- 53 3 lo
490
474 lo
-450
1 S
10
050
001
PrtSS
R500
RI2/I52A
73 8/26 2
/28-MH/
252-272
335
05
1 5
10
050
005
Pass
RS02
522/11 5
488/51 2
448-S28/
472-552
-45.4
OS
15
10
060
001
Pass
R503
R23/13
40 1/599
39^11/89-
61 ?*
00
-887 g1
CT
05 TJ
is r"
^
10 ^
oso -Q
001
Pass ^
-------
TABtE 1A.—GHABACTEfllSTGS Of REFRIGERANTS AND MAXIMUM CONTAMtNANT LiVf LS—
AtHMy
CMofldos" .,,.,...
Reporting u««s
pprn by w«»gi*l ,
No visible luitwily
Hoi
etence
(sub-
dause)
56
55
H401A
1 O
Pass
B^OIB
1 0
Pass
FMQJA
10
P»s«
M(aa
to
PMI
RSOO
t.o
Pgss
nsoz
1.0
P*Si
BS
00
O
3"
-------
Environmental Protection Agency
Pt 82, SubpL F, App. B
APPENDIX B TO SUBPART F—PERFORM-
ANCE OF REFRIGERANT RECOVERY,
RECYCLING AND/OR RECLAIM EQUIP-
MENT
This appendix is based on Air-Conditioning
and Refrigeration Institute Standard 740-93.
REFRIGERANT RECOVERY/RECYCLING
EQUIPMENT
Section I Purpose
1.1 Purpose. The purpose of this standard
is to establish methods of testing for rating
and evaluating the performance of refrig-
erant recovery, and'or recycling equipment,
and general equipment requirements (herein
referred to as "equipment") for containment
or purity levels, capacity, speed, and purge
loss to minimize emission into the atmos-
phere of designated refrigerants.
1.1.1 This standard is intended for the
guidance of the industry, including manufac-
turers, refrigerant reclaimers, repackers.
distributors, installers, servicemen, contrac-
tors and for consumers.
1,1.2 This standard ts not intended to be
used as a guide in defining maximum levels
of contaminants in recycled or reclaimed re-
frigerants used in various applications.
1.2 Review and Amendment. This standard
is subject to review and amendment as the
technology advances.
Section 2. Scope
2.1 Scope. This standard defines general
equipment requirements and the test appara-
tus, test mixtures, sampling and analysis
techniques that will be used to determine
the performance of recovery and/or recycling
equipment for various refrigerants including
Rll, R12. R13, R22, R113. R114. R123. R134a.
R500. R502. and R503. as referenced in the
ANSI/ASHRAE Standard 34-1992. "Number
Designation of Refrigerants" (American So-
ciety of Heating, Refrigerating, and Air Con-
ditioning Engineers. Inc.),
Section 3. Definitions
3.1 Recovered refrigerant. Refrigerant that
has been removed from a system for the pur-
pose of storage, recycling, reclamation or
transportation.
32 Recover To remove refrigerant in any
condition from a system and store it in an
external container without necessarily test-
ing or processing it in any way.
3.3 Recycle. To reduce contaminants in
used refrigerant by oil separation, non-con-
densable removal and single or multiple
passes through devices which reduce mois-
ture, acidity and paniculate matter, such as
replaceable core filter-driers. This term usu-
ally applies to procedures implemented at
the field job site or in a local service shop.
3.4 Reclaim, To reprocess refrigerant to
new product specifications by means whicn
may include distiUauon, Chemical analysis
of the refrigerant is required to determine
that appropriate product specifications are
met. The identification of contaminants, re-
quired chemical analysis, and acceptable
contaminant levels will be established in the
latest edition of ARI Standard 700 "Speci-
fications of Fluorocarbon and other Refrig-
erants," This term usually implies the use of
processes or procedures available only at a
reprocessing or manufacturing facility.
3.S Sfandard Contaminated Refrigerant Sam-
pif. A mixture of new and/or reclaimed re-
frigerant and specified quantities of identi-
fied contaminants which are representative
of field obtained, used refrigerant samples
and which constitute the mixture to be proc-
essed by the equipment under test.
3,6 Push/Pull Method. The push/pull refrig-
erant recovery method is defined as the proc-
ess of transferring liquid refrigerant from a
refrigeration system to a receiving vessel by
lowering the pressure in the vessel and rais-
ing the pressure in the system, and by con-
necting a separate line between the system
liquid port and the receiving vessei,
3.7 Recycle Rate. The amount of refrig-
erant processed (in pounds) divided by the
time elapsed in the recycling mode in pounds
per minute. For equipment which uses a sep-
arate recycling sequence, the recycle rate
does not include the recovery rate (or
elapsed time). For equipment which does not
use a separate recycling sequence, the recy-
cle rate is a maximum rate based solely on
the higher of the liquid or vapor recovery
rate, by which the rated contaminant levels
can be achieved.
38 Equipment Classification.
3.8.1 Self Contained Equipment. A refrig-
erant recovery or recycling system which is
capable of refrigerant extraction without the
assistance of components contained within
an air conditioning or refrigeration system.
3.8.2 System Dependent Equipment. Refrig-
erant recovery equipment which requires for
its operation the assistance of components
contained in an air conditioning or refrigera-
tion system.
3.9 "Shall", "Should". "Recommended" or
"If 15 Recommended", "Shall" "Should",
"recommended", or "it is recommended"
shall be interpreted as follows:
3.9.1 ShaU. Where "shall" or "shall not" is
used for a provision specified, that provision
is mandatory if compliance with the stand-
ard is claimed.
3,9.2 Should. Recommended, or It is Rec-
ommended, "Should", "recommended", is
used to indicate provisions which are not
mandatory but which are desirable as good
practice.
439
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Pt. 82, Subpt. F, App. B
40 CFR Ch. I (7-1-97 Edition)
Section 4. Genera/ Equipment Requirements
4.1 The equipment manufacturer shall
provide operating instructions, necessary
maintenance procedures, and source infor-
mation for replacement parts and repair.
4.2 The equipment shall indicate When
any filterfdrier(s) needs replacement. This
requirement can be met by use of a moisture
transducer and indicator light, by use of a
sight glass/moisture indicator, or by some
measurement of the amount of refrigerant
processed such as a flow meter or hour
meter. Written instructions such as "to
change the filter every 400 pounds, or every
30 days" shall not be acceptable except for
equipment in large systems where the Liquid
Recovery Rate is greater than 25 Ibs/mm
111.3 Kg/'min) where the filter/drier(s) would
be changed for every job.
4.3 The equipment shall either automati-
cally purge non-condensables if the rated
level is exceeded or alert the operator that
the non-condensable level has been exceeded.
While air purge processes are subject to the
requirements of this section, there is no spe-
cific requirement to include an air purge
process for "recycle" equipment.
4.4 The equipment s refrigerant loss due
to non-condensable purging shall not be ex-
ceeded 5% by weight of total recovered re-
frigerant. (See Section 9.4)
4.5 Internal hose assemblies shall not ex-
ceed a permeation rate of 12 pounds mass per
square foot |5,S gfcrn2! of internal surface per
year at a temperature of 120 F (48.8 »C1 for
any designated refrigerant.
4,6 The equipment shall be evaluated at 75
F [24 °C] per 7.1. Normal operating conditions
range from 50 °F to 104 F (10 °C to 40 °C).
4.7 Exemptions:
4.7.1 Equpment intended for recovery only
shall be exempt from sections 4.2 and 4.3.
1.—STANDARD CoNTAMrNATED REFRIGERANT SAMPLES
Manure ee«ew
ol {MB rafng-
eirai
PwBes*»« ooruent
ol pu^B fetoig-
lenzea by ' ,.
tad cement
PPM tty weight
ot pure refng-
erans — (mg
KOH per kg
refng.) char-
acterized Dy s
MirwraJ a! conlenf.
% by weigni ol
pure refng-
erani
Wscosity (SUSl
Noneonflen-
saeie gases
s-r ccntem %
"Sume1 -
RH
too
BO
500
20
300
NA
R1Z
80
SO
100
5
150
3
R13
30
SO
NA
NA
3
R22
200
80
500
5
300
3
R1I3
100
80
400
ZO
300
NA
R114
85
M
200
20
300
3
B123
SCO
80
500
20
300
3
B13*a
200
80
100
5
150
3
H500
200
30
100
5
1SO
3
RS02
200
80
100
5
150
3
BS03
30
80
MA
MA
3
Ota® consist ot men maiefl*!* ma ttal comely «<*> pomotlaM reaummms n ASW4£ Stwxsara 63.2.
Uttroc ol Testng ol f it-aeon CIDJSTV en Se'r-eran UQUKS L» Mere anQ FHtt 0nm.~
* Aaa ccns-sts ot w. otec ans am 40% hyorecnkiiK ac^a en a nai nurnoer twn.
r ester Based ot.
Section 5 Contaminated Refrigerants
5.1 The standard contaminated refrig-
erant sample shall have the characteristics
specified in Table I. except as provided in 5.2
5.2 Recovery equipment not rated for any
specific contaminant can be tested with new
or reclaimed refrigerant.
Section S. Test Apparatus
6.1 Self Contained Equipment Test Appa-
ratus. The apparatus as shown in Figure 1
consists of a 3 cubic foot (0.085 mjl mixing
chamber with a conical-shaped bottom, al-
though a larger mixing chamber is permis-
sible. The size of the mixing chamber de-
pends upon the siie of the equipment. The
outlet at the bottom of the cone and all re-
strictions and valves for liquid and vapor re-
frigerant lines in the test apparatus shall be
a minimum of 0.375 in. (9.5 mmi inside diame-
ter or equivalent. The minimum inside diam-
eter for large equipment for use on chillers
shall be 1.5 in. [38 mm.). The mixing chamber
440
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Environmental Protection Agency
shall contain various ports for receiving liq-
uid refrigerant, oil. and contaminants. A re-
circuiaung line connected from the bottom
outlet through a recirculating pump and
then to a top vapor port shall be provided for
stirring of the mixture. Isolation valves may
be required for the pump. Alternative stir-
ring means may be used if demonstrated to
be equally effective.
6.1.1 For liquid refrigerant feed, the liquid
valve is opened. For vapor refrigerant feed.
the vapor valve is opened and refrigerant
passes through an evaporator coil. Flow is
controlled by a thermosiauc expansion valve
to create 5 F (J *C| superheat at an evapo-
rator temperature of TO F * J F(ll *C*2*J. The
evaporator coil or equivalent evaporator
means shall be either sized large enough for
the largest system or be sized for each sys-
tem.
S.I.2 An alternative method for vapor re-
frigerant feed is to pass through a boiler and
then an automatic pressure regulating valve
Pt. 82, Subpt. F, App. 8
set at refrigerant saturation pressure at 75 F
t 3 F (24 *C ± 2 '£}.
6.2 System Dependent Equipment Test
Apparatus. This test apparatus is to be used
for final recovery vacuum rating of all sys-
tem dependent equipment.
6.2.1 The test apparatus shown in Figure 2
consists of a complete refrigeration system.
The manufacturer shall identify the refrig-
erants to be tested. The test apparatus can
be modified to facilitate operation or testing
of the system dependent equipment if the
modifications to the apparatus are specifi-
cally described within the manufacturer's
literature. (See Figure 2.) A '/« Inch (6.3 mm)
balance line shall be connected across the
test apparatus between the high and low
pressure sides, with an isolation valve lo-
cated at the connection to the compressor
high side, A v« inch 16.3 mm) access port with
a valve core shall be located in the balance
line for the purpose of measuring Final recov-
ery vacuum at the conclusion of the test.
441
-------
Pt. 82, Subpt F, App. B 40 CFR Ch. 1 (7-1-97 Edition)
FIGURE 1
Test Apparatus for Self-Contained Equipment
Cctonii vaiv»a memDfane
so rclng iwtt
Oil | from oicuianf^ pamo can
wasn tf^« contammants imo
tftv mixifig cnamDer.
n*lrig>rint
Supply
Conmn«r
•nilor B«cliim unit
442
-------
Environmental Protection Agency
FIGURE 2
Pt. 82, Subpt. F, App, B
System-Dependent Equipment Test Apparatus
Configuration of a standard air conditioning or
refrigeration system for use as a test apparatus
Low side
Suction
Access
Compressor Discharge
Hot Gas Access
High side
Liquid Access
443
-------
Pt 82, Subpt. F, App. B
40 CFR Ch. I (7-1-97 Edition)
Section 7. Performance Testing
7.1 Contaminant removal and perform-
ance testing snail be conducted at 75 F ± 2 F
123,5-C* 1.1 "Q,
7.1.1 The equipment shall be prepared for
operation per the instruction manual.
7.1.2 The contaminated sample batch
shall consist of not iess than the sum of the
amounts required to complete steps ?.1.2.2
and 7.J.2.3 below.
7.1.2.1 A liquid sample shall be drawn
from the mixing chamber prior to starting
the test to assure quality control of the mix-
ing process.
7.1.2.2 Vapor refrigerant feed testing, if
elected, shall normally be processed first.
After the equipment reaches stabilized con-
ditions of condensing temperature and/or
storage tank pressure, the vapor feed recov-
ery rate shall be measured. One method is to
start measuring the vapor refrigerant recov-
ery rate when 85% of refrigerant remains in
the mixing chamber and continue for a pe-
riod of time sufficient to achieve the accu-
racy in 9.2. If liquid feed is not elected, com-
plete Step 7.1.2.4.
7.1.2.3 Liquid refrigerant feed testing, if
elected, shall be processed next. After the
equipment reaches stabilized conditions, the
liquid feed recovery rate shall be measured.
One method is to wait 2 minutes after start-
ing liquid feed and then measure the liquid
refrigerant recovery rate for a period of time
sufficient to achieve the accuracy in 9.1.
Continue liquid recovery operation as called
for in 7.1.2.4.
7.1,2.4 Continue recovery operation until
all liquid is removed from the mixing cham-
ber and vapor is removed to the point where
the equipment shuts down per automatic
means or is manually stopped per the operat-
ing instructions.
7.1.2.5 After collecting the first contami-
nated refrigerant sample batch, the liquid
and vapor value of the apparatus shall be
closed and the mixing chamber pressure re-
corded after 1 minute as required in 9.5.
After preparing a second contaminated re-
frigerant sample batch, continue recovery
until the storage container reaches 80% liq-
uid fill level. After recycling and measuring
the recycle rate per section 7.1.3. set this
container aside for the vapor sample in 8.2.2.
7.1.2.S Interruptions in equipment oper-
ations as called for in instruction manual
are allowable.
7.1,3 Recycle as called for in equipment
operating instructions. Determine recycle
rate by appropriate means as required irf8.3.
7.1.4 Repeat steps 7.1.2. 7.1.2.4. and 7,1.3
with contaminated refrigerant sample until
equipment indicator(s) show need to change
fllter(s). It will not be necessary to repeat
the recycle rate determination in 7.1.3.
7.1.4.1 For equipment with a multiple pass
recirculating filter system, analyze the con-
tents of the previous storage container.
7.1.4.2 For equipment with a single pass
filter system, analyze the contents of the
current storage container.
7,!.5 Refrigerant loss due to the equip-
ment's non-condensable gas purge shall be
determined fay appropriate means, (See Sec-
tion 9.4.1
7.2 System Dependent Equipment. This
procedure shall be used for vacuum rating of
all system dependent equipment. Liquid re-
frigerant recovery rate, vapor refrigerant re-
covery rate, and recycle rate are not tested
on system dependent systems.
7.2.1 The apparatus operation and testing
shall be conducted at 75 F t 2 F. 123.9 "C. ±1
1.1. *C.|.
7.2.2 The apparatus shall be charged with
refrigerant per its system design specifica-
tions.
7.2.3 For measurement of final recovery
vacuum as required in 9.5. first shut the bal-
ance line isolation valve and wait 1 minute
for pressure to balance. Then connect and
operate the recovery system per manufactur-
ers recommendations. When the evacuation
is completed, open the balance line isolation
valve and measure the pressure in the bal-
ance line.
Section S. Sampling and Chemical Analysis
Methods
8.1 The referee test methods for the var-
ious contaminants are summarized in the
following paragraphs. Detailed test proce-
dures are included in Appendix A "Test Pro-
cedures for ARI STD 700." If alternate test
methods are employed, the user must be able
to demonstrate that they produce results
equivalent to the specified referee method.
8.2 Refrigerant Sampling.
82.1 Sampling Precautions. Special pre-
cautions should be taken to assure that rep-
resentative samples are obtained for analy-
sis. Sampling shall be done by trained lab-
oratory personnel following accepted sam-
pling and safety procedures.
8.2.2 Gai Phase Sample. A gas phase sample
shall be obtained for determining the non-
condensables Since non-condensable gases.
if present, will concentrate in the vapor
phase of the refrigerant, care must be exer-
cised to eliminate introduction of air during
the sample transfer. Purging is not and ac-
ceptable procedure for a gas phase sample
since it may introduce a foreign product.
Since Rll. R113 and R123 have normal boiling
points at or above room temperature, non-
condensable determination is not required
for these refrigerants.
8.2.2.1 The sample cylinder shall be con-
nected to an evacuated gas sampling bulb by
means of a manifold. The manifold should
have a valve arrangement that facilitates
444
-------
Environmental Protection Agency
Pt. 82. Subpt. F, App. B
evacuation of all connecting tubing leading
to the sampling bulb,
8 2.2.2 After the manifold has been evacu-
ated, close the valve to the pump and open
the valve on the system. Allow the pressure
to equilibrate and close valves.
8.2.3 Liquid Phase Sample, A liquid phase
sample is required for all tests listed in this
standard, except the test for non-
condensabies.
8.2.3.1 Place an empty sample cylinder
with the valve open in an oven at 230 F
IliO'C] for one hour- Remove it from the oven
whsie hot, immediately connect to an evacu-
ation system and evacuate to less than 1mm.
mercury (1000 microns). Close the valve and
allow it to cool.
8.2.3.2 The valve and lines from the unit
to be sampled shall be clean and dry. Con-
nect the line to the sample cylinder loosely.
Purge through the loose connection. Make
the connection tight at the end of the purge
period. Take the sample as a liquid by
chilling the sample cylinder slightly Accu-
rate analysis requires that the sample con-
tainer be filled to at least 60% by volume:
however under no circumstances should the
cylinder be filled to more than 80% by vol-
ume. This can be accomplished by weighing
the empty cylinder and then the cylinder
with refrigerant. When the desired amount of
refrigerant has been collected, close the
valve(s) and disconnect the sample cylinder
immediately.
8.2.3.3 Check the sample cylinder for leaks
and record the gross weight.
8.3 Water Content.
8.3.1. The Coulometnc Karl Fischer Titra-
tion shall be the primary test method for de-
termining the water content of refrigerants.
This method is described in Appendix A. This
method can be used for refrigerants that are
either a liquid or a gas at room temperature.
including Refrigerants li and 13. For all re-
frigerants, the sample for water analysis
shall be taken from the liquid phase of the
container to be tested. Proper operation of
the analytical method requires special equip-
ment and an experienced operator. The pre-
cision of the results is excellent if proper
sampling and handling procedures are fol-
lowed. Refrigerants containing a colored dye
can be successfully analyzed for water using
this method.
8.3.2 The Karl Fischer Test Method is an
acceptable alternative test method for deter-
mining the water content of refrigerants.
This method is described in ASTM Standard
for "Water in gases Using Karl Fisher Rea-
gent" E700-79. reapproved 1984 (American So-
ciety for Testing and Materials. Philadel-
phia. PA).
8.3.3 Report the moisture level in parts
per million by weight if a sample is required.
8.4 Chloride. The refrigerant shall be test-
ed for chlorides as an indication of the pres-
ence of hydrochloric or similar acids. The
recommended procedure is intended for use
with new or reclaimed refrigerants. Signifi-
cant amounts of oil may interfere with the
results by indicating a failure in the absence
of chlorides.
8.4.1 The test method shall be that de-
scribed in Appendix A "Test Procedures for
ARI-700." The test will show noticeable tur-
bidity at equivalent chloride levels of about
3 ppm by weight or higher.
8.4.2 The results of the test shall not ex-
hibit any sign of turbity. Report results as
"pass" or "fail."
8.5 Acidity.
S.S.! The acidity test uses the titration
principle to detect any compound that is
highly soluble in water and ionizes as an
acid. The test method shall be that described
In Appendix A. "Test Procedures for ARI-
700." The test may not be suitable for deter-
mination of high molecular weight organic
acids; however these acids will be found in
the high boiling residue test outlined in Sec-
tion 5.7. The test requires about a 100 to 120
gram sample and has a low detection limit of
0.1 ppm by weight as HC1.
8.6 High Boiling Residue.
8 6.1 High boiling residue will be deter-
mined by measuring the residue of a stand-
ard volume of refrigerant after evaporation.
The refngerant sample shall be evaporated
at room temperature or a temperature 50 F
|10*.OC1. above the boiling point of the sam-
ple using a Goetz tube as specified in Appen-
dix A "Test Procedures for ARI-700." Oils
and or organic acids will be captured by this
method.
8.6.2 The value for high boiling residue
shall be expressed as a percentage by vol-
ume.
8.7 Particulates/Solids.
8.7.1 A measured amount of sample is
evaporated from a Goetz bulb under con-
trolled temperature conditions. The partieu-
lates;solids shall be determined by visual ex-
amination of the empty Goetz bulb after the
sample has evaporated completely. Presence
of dirt, rust or other particulate contamina-
tion is reported a "fail." For details of this
test method, refer to Appendix B "Test Pro-
cedures for ARI-700."
S.I Non-Condensables
8.8.1 A vapor phase sample shall be used
for determination of non-condensabies. Non-
condensable gases consist primarily of air
accumulated in the vapor phase of refrig-
erant containing tanks. The solubility of air
in the refrigerants liquid phase is extremely
low and air is not significant as a liquid
phase contaminant. The presence of non-con-
densable gases may reflect poor quality con-
trol in transferring refrigerants to storage
tanks and cylinders.
8.8.2 The test method shall be gas chro-
matography with a thermal conductivity de-
tector as described in Appendix A "Test Pro-
cedures for ARI-700."
445
-------
Pt 82, Subpt, F, App. B
40 CFR Ch. I (7-1-97 Edition)
8.8.2.1 The Federal Specification for "Flu-
orocarbon Refrigerants." BB-F-1421B. dated
March 5, 1992. section 4.4.2
(perchloroethylene method) Is an acceptable
alternate test method.
8.8.3 Report the level of non-condensable
as percent by volume.
Section 9, Performance Calculation and Rating
9.1 The liquid refrigerant recovery rate
shall be expressed in pounds per msnut* [kg/
mm) and measured by weight change at the
mixing chamber (See Figure 1) divided by
elapsed time to an accuracy within .02 Ibs/
min. [.009 kg/mini. Ratings using the Push/
Pull method shall be identified "Push/Pun".
Equipment may be rated by both methods.
9.2 The vapor refrigerant recovery rate
shall be expressed in pounds per minute (kg/
mm) and measured by weight change at the
mixing chamber (See Figure 1) divided by
elapsed time Co an accuracy within .02 Ibs/
min. 1-O.BW kg/minj.
9.3 The recycle rate is defined in 3.7 and
expressed in pounds per minute [kg/rnini of
now and shall be per ASHRAE 45.7-84 "Pro-
cedure For Fluid Measurement Of Gases" or
ASHRAE 41.8-89 "Standard Method of Flow
of Fluids—Liquids."
9.3.1 For equipment using multipass recy-
cling or a separate sequence, the recycle rate
shall be determined by dividing the net
weight W of the refrigerant to be recycled by
the actual time T required to recycle the re-
frigerant. Any set-up or operator interrup-
tions shall not be included in the time T.
The accuracy of the recycle rate shall be
within .02 Ibimin. [.COS kg/mini.
9.3.2 If no separate recycling sequence is
used, the recycle rate shall be the higher of
the vapor refrigerant recovery rate or Che
liquid refrigerant recovery rate. The recycle
rate shall match a process which leads to
contaminant levels in 9.6. Specifically, a re-
covery rate determined from bypassing a
contaminant removal device cannot be used
as a recycle rate when the contaminant lev-
els in 9.6 are determined by passing the re-
frigerant through the containment removal
device.
9.4 Refrigerant loss due to non-conden-
sabie purging shall be less than 5%. This rat-
ing shall be expressed as "passed" if less
thanS%.
This calculation will be based upon net
loss of non-condensables and refrigerant due
to the purge divided by the initial net con-
tent. The net loss shall be determined by
weighing before and after the purge, by col-
lecting purged gases, or an equivalent meth-
od.
9.5 The final recovery vacuum shall be the
mixing chamber pressure called for in 7.1.2.5
expressed in inches of mercury vacuum, (mm
Hg or kP|. The accuracy of the measurement
shall be within t.l inch |±2.Snun| of Hg and
rounding down to the nearest whole number.
9.6 The contaminant levels remaining
after testing shall be published as follows:
Moisture content. PPM by weight
Chloride ions, Pass/Fail
Acidity, PPM by weight
High boiling residue, percentage by volume
Particulate/solid. Pass/Fail
Non-condensables. % by volume
9.7 Product Literature: Except as pro-
vided under product labelling in Section 11.
performance ratings per 9.1, 9.2. 9.3. and 9.5
must be grouped together and shown for all
listed refrigerants (11.2) subject to limita-
tions of 9.8. Wherever any contaminant lev-
els per 9.6 are rated, all racings in 9.6 must be
shown for all listed refrigerants subject to
limitations of 9.8, The type of equipment in
11.1 must be included with either grouping.
Optional ratings in 9.8 need not be shown.
9.8 Ratings shall include all of the param-
eters for each designed refrigerant in 11.2 as
shown in Tables 2 and 3.
TABiE 2.—P€RFORMA»CE
Parametefitype of equipment
Liquid refrigerant recovery rale ,...»„.,„., , ...... .„.„ *.„ .
Vapor refrigerant recovery rate + ., ...-.- .. _.
Fmai recovery vacuum „„. „,.„„.,„„.„,„„„ „..„.„„,.,„,,,„,„„„_ . _ „. ,
Racvde raie
Rafn^eiw* toss Qua as issn-corastma^ft oufg&g ™™^.._ - . __
Recov-
ery
(:)
i3)
(()
HI A
(')
Recovery/
recycle
(j)
m
0)
o
Recycle
N/A
N/A
N/A
m
»'}
Sysmtn
aepeno-
em
eowp-
ment
N/A
N/A
('}
N/A
WA
>Fora<*oo*«vor neoMivAKydtintorwinuHnMlorMlMrlauMlMaanly or v»oor lew only or can «» tor Wti, if ru-
ing My ttw asm, Vw sow snau Be macatea by "WA.*
'For Recovery Equipment, net* pafBmetecs *n ocfflonSC ( not HUM. tot N.A.
446
-------
Environmental Protection Agency
TABLE 3.—CONTAMINANTS
Pt. 82, Subpt. F, App. C
Cantammam/type of equipment
Acidity
Hsgh Soiling residue ... .„.„,,.....„.....„..„.„,.-.,„.„.„.„„„,„.
Non-conaensaDfas ..
Recovery
O
m
{•\
(*)
n
O
Recovery/
Feeble
Recycle
*
X
X
System de-
pendent
equipment
MA.
' For Recovery Equipment, these parameters are optional, it not rated, use N/A.
x Mandatory rating.
Section 10. Tolerances
10.1 Any equipment tested shall produce
contaminant levels not higher than the pub-
lished ratings. The liquid refrigerant recov-
ery rate, vapor refrigerant recovery rate,
final recovery vacuum and recycle rate shall
not be less than the published ratings.
Section 11. Produce Labelling
11.1 Type of equipment. The type of equip-
ment shall be as listed:
11.1.1 Recovery only
11.1.2 System Dependent Recovery
11.1.3 Recovery/Recycle
11.1.4 Recycle only
11.2 Designated refrigerants and the fol-
lowing as applicable for each:
11.2.1 Liquid Recovery Rate
11.2.2 Vapor Recovery Rate
11.2.3 Final Recovery Vacuum
11.2.4 Recycle Rate
Section 12. Voluntary Conformance
12.1 Conformance. While conformance with
this standard is voluntary, conformance
shall not be claimed or implied for products
or equipment within its Purpose (Section 1)
and Scope (Section 2) unless such claims
meet all of the requirements of the stand-
ards.
ATTACHMENT TO APPENDIX B
Particulate Used in Standard Contami-
nated Refrigerant Sample.
J. Paniculate Specification
1.1 The particulate material pm will be a
blend of 50% coarse air cleaner dust as re-
ceived, and 50% retained on a 200-mesh
screen. The coarse air cleaner dust is avail-
able from: AC Spark Plug Division, General
Motors Corporation, Flint, Michigan.
1.2 Preparation of Paniculate Materials-
To prepare the blend of contaminant, first
wet screen a quantity of coarse air cleaner
dust on a 200-mesh screen (particle retention
74 pm). This is done by placing a portion of
the dust on a 200-mesh screen and running
water through the screen while stirring the
dust with the fingers. The fine contaminant
particles passing through the screen are dis-
carded. The +200 mesh particles collected on
the screen are removed and dried for one
hour at 230 F (110 °C|. The blend of standard
contaminant is prepared by mixing 50% by
weight of coarse air cleaner dust as received
after drying for one hour at 230 F |110 °C]
with 50% by weight of the +200 mesh
screened dust,
1.3 The coarse air cleaner dust as received
and the blend used as the standard contami-
nant have the following approximate par-
ticle size analysis: We. % in various size
ranges, pm.
Size range
0-5
5-10
10-20 .. .
20-40 „ .
40-80
80-200
-"•
As received
12
12
14
23
30
9
Btena
6
6
7
1 1
32
38
[58 FR 28712. May 14. 1993, as amended at 59
FR 42960, Aug. 19, 1994|
APPENDIX C TO PART 82 SUBPART F—
METHOD FOR TESTING RECOVERY DE-
VICES FOR USE WITH SMALL APPLI-
ANCES
Recovery Efficiency Test Procedure for Refrig-
erant Recovery Equipment Used on Small Ap-
pliances
The following test procedure is utilized to
evaluate the efficiency of equipment de-
signed to recover ozone depleting refrig-
erants (or any substitute refrigerant subject
to the recycling rules promulgated pursuant
to section 608 of the Clean Air Act Amend-
ments of 1990) from small appliances when
service of those appliances requires entry
into the sealed refrigeration system or when
those appliances are destined for disposal.
This procedure is designed to calculate on a
weight or mass basis the percentage of a
known charge of CFC-12 refrigerant removed
447
-------
Pt. 82. Subpt F, App. C
40 CFR Ch. I (7-1-97 Edition)
and captured from a test stand refrigeration
system. Captured refrigerant is that refrig-
erant delivered to a container suitable for
shipment to a refrigerant reclaimer plus any
refrigerant remaining in the recovery sys-
tem in a manner that it will be transferred
to a shipping container after additional re-
covery operations.
The test stand refrigeration system re-
quired for this procedure is constructed with
standard equipment utilized in currently
produced household refrigerator and freezer
products. The procedure also accounts for
compressor oils that might be added to or re-
moved from the test stand compressor or anv
compressor used in the recovery system.
I. Test Stand
Test stands are constructed in accordance
with the following standards.
1. Evaporator—vt, in. outside dia. with 30
cu. in. volume.
2. Condenser—"/« in. outside dia. with 20 cu.
in volume.
3. Suction line capillary heat exchanger—
appropriate for compressor used.
4 An 800-350 Btu/hr high side case (rotary)
compressor: or (depending on the test
senano):
5, An 800-9500 Btu/hr low side case (recip-
rocating) compressor.
A person seeking to have its recovery sys-
tem certified shall specify the compressors
by manufacturer and model that are to be
used in test stands constructed for evalua-
tion of its equipment, and the type and quan-
tity of compressor to be used in those com-
pressors. Only a compressor oil approved for
use by the compressor's manufacturer may
be specified, and the quantity of compressor
oil specified shall be an appropriate quantity
for the type of oil and compressor to be used.
In order to reduce the cost of testing, the
person seeking certification of its recovery
system may supply an EPA approved third
party testing laboratory with test stands
meeting these standards for use in evaluat-
ing its recovery system.
II. Test Conditions
Tests are to be conducted at 75 degrees F,
plus or minus I degrees F (23.9 C »/-l.l C).
Separate tests are conducted on both high
side case compressor stands and low side
case compressor stands. Separate tests are
also conducted with the test stand compres-
sor running during the recovery operation.
and without the test stand compressor run-
ning during the recovery operation, to cal-
culate the system's recovery efficiency
under either condition.
These tests are to be performed using a
representative model of all equipment used
in the recovery system to deliver recovered
refrigerant to a container suitable for ship-
ment to a refrigerant reclaimer. The lest
stands are to be equipped with access valves
permanently installed as specific by the re-
covery system's vendor to represent the
valves used with that system in actual field
operations,
A series of five (5) recovery operations are
to b* performed for each compressor scenario
and a recovery efficiency is calculated based
on the total quantity of refrigerant captured
during all five (S) recoveries. Alternatively,
at the request of the recovery system's ven-
dor, a recovery efficiency is to be calculated
for each recovery event. In this case, a sta-
tistically significant number of recovery op-
erations are to be performed. Determination
of what is a statistically significant number
of recoveries is to be calculated as set out
below. These individual recovery efficiencies
are then averaged.
There are four (4) compressor scenarios to
be tested. These are a high side case com-
pressor in working condition: a high side
case compressor in nonworking condition: a
low side case compressor in working condi-
tion: and a low side case compressor in non-
working condition. Recovery efficiencies cal-
culated for the two working compressor sce-
narios are to be averaged to report a working
compressor performance. The two nonwork-
ing compressor efficiencies are also to be
averaged to report a nonworking compressor
performance.
If large scale equipment Is required in the
system to deliver recovered refrigerant to a
refrigerant reclaimer (eg. carbon desorption
equipment) and It is not possible to have
that equipment evaluated under the proce-
dure, the system's vendor shall obtain engi-
neering data on the performance of that
large scale equipment that will reasonably
demonstrate the percentage refrigerant lost
when processed by that equipment. That
data will be supplied to any person required
to evaluate the performance of those sys-
tems. The following procedure will also be
modified as needed to determine the weight
of refrigerant recovered from a test stand
and delivered to a container for shipment to
the large process equipment for further proc-
essing. The percentage loss documented to
occur during processing is then to be applied
to the recovery efficiencies calculated in this
modified procedure to determine the overall
capture efficiency for the entire system.
The following are definitions of symbols
used in the test procedure.
Test Stand:
"TSO" means an original test stand
weight.
"TSC" means a charged test stand weight-
Shipping Containers:
"SCO" means the original or empty weight
of shipping contalnerCs).
"SCF" means th* final or full weight of
shipping container^!.
Recover/Transfer System:
448
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Environmental Protection Agency
PL 82, SubpL F, App. C
"RSO" means the original weight of a re-
covery/transfer system.
"RSF" means the final weight of a recov-
ery*transfer system.
"OL" means the net amount of oil added/
removed from the recovery device and/or
transfer device between the beginning
and end of the lest for one compressor
scenano.
Weighing steps are conducted with precision
and accuracy of plus or minus 1,0 gram,
III. Test Procedure
1. Evacuate the test stand to 20 microns
vacuum (pressure measured at a vacuum
pump! for 12 hours,
2, Weigh the test stand (TSO).
3. If this is the first recovery operation
being performed for a compressor scenario
(or if a recovery efficiency is to be calculated
for each recovery event), then weigh all de-
vices used in the recovery system to deliver
recovered refrigerant to a container suitable
for shipment or delivery to a refrigerant re-
claimer Weigh only devices that can retain
refrigerant in a manner that it will ulti-
mately be transferred to a shipping con-
tamer without significant release to the at-
mosphere (RSO).
4 Weigh final shipping containers (SCO).
5 Charge the test stand with an appro-
priate CFC-12 charge (either 6 oz. or 9 oz.j.
6. Run the test stand for four (4) hours with
100% run lime.
7. Turn off the test stand for twelve (12)
hours. During this period evaporate ail con-
densation that has collected on the test
stand during step 6.
8 Weigh the test stand (TSC).
9 Recover CFC-12 from the test stand and
perform all operations needed to transfer the
recovered refrigerant to one of the shipping
containers weighed in step 4. All recovery
and transfer operations are to be performed
in accordance with the operating instruc-
tions provided by the system's vendor. The
compressor in the test stand is to remain
"off" or be turned "on " during the recovery
operation depending on whether the test is
for a nonworking or working compressor per-
formance evaluation. If a recovery efficiency
is to be calculated for each recovery event.
transfer the captured refrigerant to a ship-
ping container and then skip to step 13. Oth-
erwise continue. If the system allows for
multiple recovery operations to be per-
formed before transferring recovered refrig-
erant to a shipping container, the transfer
operation can be delayed until either the
maximum number of recovery operations al-
lowed before a transfer is required have been
performed, or the last of the five 15) recovery
operations has been performed.
10. Perform any oil removal or oil addition
operations needed to properly maintain the
test stand and the devices used for recovery
or transfer operations. Determine the net
weight of the oil added or removed from the
recovery device and/or transfer device. (OP1
for oil added. OP2 for oil removed!.
11. Evacuate the test stand to 20 microns
vacuum for 4 hours.
12. Return to step 2 unless five (5) recovery
operations have been performed.
13. Weigh all final shipping containers that
received recovered refrigerant (SCF).
14. Weigh the equipment weighed in step
three (3) above (RSF). If a recovery effi-
ciency is to be calculated for each recovery
event, perform calculations and return to
step one (1) for additional recoveries.
IV, Calculations
A. For five (5) Consecutive Recoveries
Refrigerant Recoverable equals the summa-
tion of charged test stand weights minus
original test stand weights.
Refrigerant Recoverable = £ (TSCj - TSOj )
1=1
Oil Loss equals the net weight of oil added to and removed from the recovery device and/
or transfer device.
(OP1.-OP2,)
1=1
Refrigerant Recovered equals the final weight of shipping containers minus the initial
weight of final shipping containers, plus final recovery system weight, minus original recov-
ery system weight, plus the net value of all additions and removals of oil from the recovery
and transfer devices.
449
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Pt. 82, Subpt. F, App. D
40 CFR Ch. I (7-1-97 Edition)
Refrigerant Recovered = £ SCF, - SCO, + RSF - RSO - OL
n»number of shipping containers used,
Recovery Efficiency equals Refrigerant Recovered divided by Refrigerant Recoverable times
100%.
Recovery Efficiency =
Refrigerant Recovered
Refrigerant Recoverable
100%
B, For Individual Recoveries
Refrigerant Recoverable equals the charged test stand weight minus the original
test stand weight.
Refrigerant Recoverable = TSCO - ISO
Refrigerant Recovered equals the final weight of the shipping container minus
the initial weight of the shipping container plus the final weight of the recovery
system minus the original recovery system weight.
Refrigerant Recovered = SCF - SCO+RSF - RSO
Recovery Efficiency equals Refrigerant Recovered divided by Refrigerant Recov-
erable times 180 percent.
Recovery Efficiency =
Refrigerant Recovered
100%
Refrigerant Recoverable
C. Calculation of a StatisOcaMy Significant Number of Recoveries
N2dd=((t*sd)/(.10*X))2-N
Where:
N«M=the number of additional samples re-
quired to achieve 90% confidence.
sd-Siandard deviation, or (X/(N - 1}S)
X-Sample average
N-Number ol samples tested
efaitTWGt Qt SJMT^iffiS
2
3
4 _ „_ _ r ,„ _
5 ., _ _...
8 ,. „.. .
7 .„ , , , „
g
9
10
I for 90%
^t&Qftya
8,81*
2920
2,353
2.132
2.015
1.943
1 895
1 660
1.833
Procedure:
1. Compute N«u after completing two re-
coveries.
2. If N^,>0, then run an additional test.
3. Re-compute N«». Continue to test addi-
tions: samples until
V. Test Procedure Approval and
Certification
Each vendor of capture equipment for
small appliances desiring certification will
provide a representative model of its capture
system and its recommended recovery proce-
dures to an EPA approved third party lab-
oratory for testing in accordance with this
procedure. The third party laboratory will
certify recovery systems that when tested in
accordance with this procedure demonstrate
a sufficient recovery efficiency to meet EPA
regulatory requirements.
APPENDIX D TO PART 82 SUBPART F—
STANDARDS FOR BECOMING A CER-
TIFYING PROGRAM FOR TECHNICIANS
Standards for Certifying Programs
a. Test Preparation
Certification for Type II. Type III and Uni-
versal technicians will be dependent upon
passage of a closed-book, proccored test, ad-
ministered in a secure environment, by an
EPA-approved certifying program.
450
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Environmental Protection Agency
Pt. 82, Subpt. F, App. D
Certification for Type I technicians will be
dependent upon passage of an EPA-approved
test, provided by an EPA-approved certifying
program. Organizations providing Type I cer-
tification only, may chose either an on-site
format, or a mail-in format, similar to what
is permitted under the MVACs program.
Each certifying program must assemble
tests by choosing a prescribed subset from
the EPA test bank. EPA expects to have a
test bank with a minimum of 500 questions,
which will enable the certifying program to
generate multiple tests in order to discour-
age cheating. Each test must include 25 ques-
tions drawn from Group 1 and 25 questions
drawn from each relevant technical Croup.
Tests for Universal technicians will include
100 questions (25 from Croup 1 and 25 from
each relevant technical Croup). Each 50-
question test represents 10 percent of the
total test bank. Questions should be divided
in order to sufficiently cover each topic
within the Group.
Each certifying program must show a
method of randomly choosing which ques-
tions will be on the tests. Multiple versions
of the test must be used during each testing
event. Test answer sheets or (for those test-
ing via the computer medium) computer files
must include the name and address of the ap-
plicant, the name and address of the certify-
ing program, and the date and location at
which the test was administered.
Training material accompanying mail-in
Type I tests must not include sample test
questions mimicking the language of the
certification test. Ail mail-in material will
be subject to review by EPA.
Certifying programs may charge individ-
uals reasonable fees for the administration
of the tests. EPA will publish a list of all ap-
proved certifying programs periodically, in-
cluding the fees charged by the programs.
This information will be available from the
Stratospheric Ozone Protection Hotline.
b. Proctoring
A certifying program for Type II, Type III
and Universal technicians must designate or
arrange for the designation of at least one
proctor registered for each testing event. If
more than 50 people are taking tests at the
same time at a given site, the certifying or-
ganization must adhere to normal testing
procedures, by designating at least one addi-
tional proctor or monitor for every 50 people
taking tests at that site.
The certification test for Type II. Type III
and Universal technicians is a closed-book
exam. The proctors must ensure that the ap-
plicants for certification do not use any
notes or training materials during testing.
Desks or work space must be placed in a way
that discourages cheating. The space and
physical facilities are to be conducive to
continuous surveillance by the proctors and
monitors during testing.
The proctor may not receive any benefit
from the outcome of the testing other than
a fee for proctoring. Proctors cannot know in
advance which questions are on the tests
they are proctoring,
Proctors are required to verify the identity
of individuals taking the test by examining
photo identification. Acceptable forms of
identification include but are not limited to
drivers' licenses, government identification
cards, passports, and military identification.
Certifying programs for Type 1 technicians
using the mail-in format, must take suffi-
cient measures at the test site to ensure that
tests are completed honestly by each techni-
cian. Each test for Type 1 certification must
provide a means of verifying the identifica-
tion of the individual taking the test. Ac-
ceptable forms of identification include but
are not limited to drivers' licenses numbers,
social security numbers, and passport num-
bers.
c. Test Security
A certifying program must demonstrate
the ability to ensure the confidentiality and
security of the test questions and answer
keys through strict accountability proce-
dures. An organization interested in develop-
ing a technician certification program will
be required to describe these test security
procedures to EPA.
After the completion of a test, proctors
must collect all test forms, answer sheets,
scratch paper and notes. These items are to
be placed in a sealed envelope.
d. Test Content
All technician certification tests will in-
clude 25 questions from Group 1. Group i will
ask questions in the following areas:
I. Environmental impact of CFCs and HCFCs
II. Laws and regulations
III. Changing industry outlook
Type 1. Type II and Type III certification
tests will include 25 questions from Group II.
Group II will ask questions covering sector-
specific issues in the following areas:
IV. Leak detection
V. Recovery Techniques
VI. Safety
VII. Shipping
VII. Disposal
Universal Certification will include 75
questions from Group II, with 25 from each of
the three sector-specific areas.
e. Grading
Tests must be graded objectively. Certify-
ing programs must inform the applicant of
their test results no later than 30 days from
the date of the test. Type I certifying pro-
grams using the mail-in format, must notify
the applicants of their test results no later
than 30 days from the date the certifying
451
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Pt. 82, Subpt. F, App, D
40 CfR Ch. I (7-1-97 Edition)
programs received the completed test and
any required documentation. Certifying pro-
grams may mail or hand deliver the results.
The passing score for the closed-book Type
I. Type II, Type III and Universal certifi-
cation test is 70 percent. For Type I certifi-
cation tests using the mail-in format, pass-
ing score is 84 percent.
f. Proof of Certification
Certifying programs must issue a standard
waJlet-sized identification card no later than
30 days from the date of the test. Type ! cer-
tifying programs using mail-in formats must
issue cards to certified technicians no later
than 30 days from the date the certifying
program receives the completed test and any
required documentation.
Each wallet-sized identification card must
include, at a minimum, the name of the cer-
tifying program including the date the cer-
tifying program received EPA approval, the
name of the person certified, the type of cer-
tification, a unique number for the certified
person and the following text:
(name of person] has been certified as
[Type I. Type II, Type III and/or Universal—
as appropriate! technician as required by 40
CFR part 82. subpart F.
g. Recordkeeping and Reporting
Requirements
Certifying programs must maintain
records for at least three years which in-
clude, but are not limited to. the names and
addresses of all individuals taking the tests,
the scores of all certification tests adminis-
tered, and the dates and locations of all test-
ing administered.
EPA must receive an activity report from
all approved certifying programs by every
January 30 and June 30. the first to be sub-
mitted following the first full six-month pe-
riod for which the program has been ap-
proved by EPA. This report will include the
pass/fail rate and testing schedules. This will
allow the Agency to determine che relative
progress and success of these programs. If
the certifying program believes a test bank
question needs to be modified, information
about that question should also be included,
Approved certifying programs will receive
a letter of approval from EPA. Each testing
center must display a copy of that letter.
h. Additional Requirements
EPA will periodically inspect testing sites
to ensure compliance with EPA regulations.
If testing center discrepancies are found.
they must be corrected within a specified
time period. If discrepancies are not cor-
rected. EPA may suspend or revoke the cer-
tifying programs's approval. The inspections
will include but are not limited to a review
of the certifying programs' provisions for
test security, the availability of space and
facilities to conduct the administrative re-
quirements and ensure the security of the
tests, the availability of adequate testing fa-
cilities and spacing of the applicants during
testing, a review of the proper procedures re-
garding accountability, and that there is no
evidence of misconduct on the part of the
certifying programs, their representatives
and proctors, or the applicants for certifi-
cation.
If the certifying programs offer training or
provide review materials to the applicants,
these endeavors are to be considered com-
pletely separate from the administration of
the certification test.
i. Approval Process
EPA anticipates receiving a large number
of applications from organizations seeking
to become certifying programs. In order to
certify as many technicians as possible in a
reasonable amount of time. EPA will give
priority to national programs. Below are the
guidelines EPA will use:
First: Certifying programs providing at
least 25 testing centers with a minimum of
one site in at least 8 different states will be
considered.
Second: Certifying programs forming re-
gional networks with a minimum of 10 test-
ing centers will be considered.
Third: Certifying programs providing test-
ing centers in geographically isolated areas
not sufficiently covered by the national or
regional programs will be considered.
Fourth: All other programs applying for
EPA approval will be considered.
Sample application forms may be obtained
by contacting the Stratopheric Ozone Hot-
line at 1-800-296-1996.
j. Grandfathering
EPA will grandfather technicians who suc-
cessfully completed voluntary programs
whose operators seek and receive EPA ap-
proval to grandfather these technicians, in
accordance with §82,161(g). As part of this
process, these certifying programs may be
required to send EPA-approved supple-
mentary information to ensure the level of
the technicians' knowledge. Technicians will
be required to read this supplementary infor-
mation as a condition of certification. The
certifying programs will also issue new iden-
tification cards meeting the requirements
specified above.
k. Sample Application
EPA has provided a sample application.
The Agency designed the application to dem-
onstrate the information certifying pro-
grams must provide to EPA. Programs are
not required to use this form or this format.
[58 FR 28712, May 14. 1993. as amended at 59
FR 42960, 42962. Aug. 19, 1994: 59 FR SS927.
Nov. 9. 1994|
452
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40 C.F.R. Part 82 Subpart G:
Significant New Alternatives Policy Program
-------
-------
Environmental Protection Agency
§82.172
Subpart G—Significant New
Alternatives Policy Program
SOURCE: 59 FR 13147. Mar. 18. 1994. unless
otherwise noted.
§82.170 Purpose and scope.
(a) The purpose of these regulations
in this subpart is to implement section
612 of the Clean Air Act, as amended,
regarding the safe alternatives policy
on the acceptability of substitutes for
ozone-depleting compounds. This pro-
gram will henceforth be referred to as
the "Significant New Alternatives Pol-
icy" (SNAP) program. The objectives
of this program are to identify sub-
stitutes for ozone-depleting com-
pounds, to evaluate the acceptability
of those substitutes, to promote the
use of those substitutes believed to
present lower overall risks to human
health and the environment, relative
to the class I and class II compounds
being replaced, as well as to other sub-
stitutes for the same end-use, and to
prohibit the use of those substitutes
found, based on the same comparisons.
to increase overall risks,
(b) The regulations in this subpart
describe persons and substitutes sub-
ject to reporting requirements under
the SNAP program and explain prepa-
ration and submission of notices and
petitions on substitutes. The regula-
tions also establish Agency procedures
for reviewing and processing EPA's de-
terminations regarding notices and pe-
titions on substitutes. Finally, the reg-
ulations prohibit the use of alter-
natives which EPA has determined
may have adverse effects on human
health or the environment where EPA
has identified alternatives in particu-
lar industrial use sectors that on an
overall basis, reduce risk to human
health and the environment and are
currently or potentially available, EPA
will only prohibit substitutes where it
has identified other substitutes for a
specific application that are acceptable
and are currently or potentially avail-
able.
(c) Notifications, petitions and other
materials requested shall be sent "to:
SNAP Document Control Officer. U.S.
Environmental Protection Agency
(62Q5-J), 401 M Street. SW.. Washing-
ton. DC 20460.
§82.172 Definitions.
Act means the Clean Air Act, as
amended. 42 U.S.C. 7401 et seg.
Agency means the U.S. Environ-
mental Protection Agency.
Application means a specific use with-
in a major industrial sector end-use,
Class I or class II means the specific
ozone-depleting compounds described
in section 602 of the Act.
Decision means any final determina-
tion made by the Agency under section
612 of the Act on the acceptability or
unacceptability of a substitute for a
class I or II compound.
EPA means the U.S. Environmental
Protection Agency,
End-use means processes or classes of
specific applications within major in-
dustrial sectors where a substitute is
used to replace an ozone-depleting sub-
stance,
Formulator means any person engaged
in the preparation or formulation of a
substitute, after chemical manufacture
of the substitute or its components, for
distribution or use in commerce.
Health and safety study or study
means any study of any effect of a sub-
stitute or its components on health
and safety, or the environment or both.
including underlying data and epide-
miological studies, studies of occupa-
tional, ambient, and consumer expo-
sure to a substitute, lexicological, clin-
ical, and ecological, or other studies of
a substitute and its components, and
any other pertinent test. Chemical
identity is always part of a health and
safety study. Information which arises
as a result of a formal, disciplined
study is included in the definition. Also
included is information relating to the
effects of a substitute or its compo-
nents on health or the environment.
Any available data that bear on the ef-
fects of a substitute or its components
on health or the environment would be
included. Examples include:
(I) Long- and short-term tests of mu-
tagenicity, carcinogenicity, or
teratogenicity: data on behavioral dis-
orders; dermatoxicity; pharmacological
effects: mammalian absorption, dis-
tribution, metabolism, and excretion:
cumulative, additive, and synergistic
effects; acute, subchronic. and chronic
effects: and structure/activity analy-
ses:
453
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§82.172
40 CFR Ch. I (7-1-97 Edition)
(2) Tests for ecological or other envi-
ronmental effects on invertebrates,
fish, or other animals, and plants, in-
cluding: Acute tojdcity tests, chronic
toxjcity tests, critical life stage tests.
behavioral tests, algal growth tests.
seed germination tests, microbial func-
tion tests, bioconcentration or bio-
accumulation tests, and model eco-
system (microcosm) studies:
(3) Assessments of human and envi-
ronmental exposure, including work-
place exposure, and effects of a particu-
lar substitute on the environment, in-
cluding surveys, tests, and studies of:
Biological, photochemical, and chemi-
cal degradation: air. water and soil
transport: biomagnification and bio-
concentration: and chemical and phys-
ical properties, e.g.. atmospheric life-
time, boiling point, vapor pressure.
evaporation rates from soil and water.
octanol/water partition coefficient, and
water solubility;
(4) Monitoring data, when they have
been aggregated and analyzed to meas-
ure the exposure of humans or the en-
vironment to a substitute: and
(5) Any assessments of risk to health
or the environment resulting from the
manufacture, processing, distribution
in commerce, use. or disposal of the
substitute or its components.
Importer means any person who im-
ports a chemical substitute into the
United States. Importer includes the
person primarily liable for the pay-
ment of any duties on the merchandise
or an authorized agent acting on his or
her behalf. The term also includes, as
appropriate:
(I) The consignee:
(2) The importer of record:
(3) The actual owner: and
(4) The transferee, if the right to
draw merchandise in a bonded ware-
house has been transferred.
Major Industrial Use Sector or Sector
means an industrial category which
EPA has reviewed under the SNAP pro-
gram with historically high consump-
tion patterns of ozone-depleting sub-
stances, including: Refrigeration and
air conditioning: foam-blowing; fire
suppression and explosion protection:
solvents cleaning: aerosols; sterilants;
tobacco expansion; pesticides; and ad-
hesives. coatings and inks sectors.
Manufacturer means any person en-
gaged in the direct manufacture of a
substitute.
Mixture means any mixture or blend
of two or more compounds.
Person includes an individual, cor-
poration, partnership. association.
state, municipality, political subdivi-
sion of a state, and any agency, depart-
ment, or instrumental ity of the United
States and any officer, agent, or em-
ployee of such entities.
Pesticide has the meaning contained
in the Federal Insecticide, Fungicide.
and Rodenticide Act. 7 U.S.C. 136 ec seq.
and the regulations issued under it.
PotemiaJJy available is defined as any
alternative for which adequate health.
safety, and environmental data, as re-
quired for the SNAP notification proc-
ess, exist to make a determination of
acceptability, and which the Agency
reasonably believes to be technically
feasible, even if not all testing has yet
been completed and the alternative is
not yet produced or sold.
Premanufacture Notice (Ph1N) Program
has the meaning described in 40 CFR
part 720. subpart A promulgated under
the Toxic Substances Control Act. 15
U.S.C. 2601 etseq.
Producer means any person who man-
ufactures, formulates or otherwise cre-
ates a substitute in its final form for
distribution or use in interstate com-
merce.
Research and development means
quantities of a substitute manufac-
tured, imported, or processed or pro-
posed to be manufactured, imported, or
processed solely for research and devel-
opment.
Residential use means use by a private
individual of a chemical substance or
any product containing the chemical
substance in or around a permanent or
temporary household, during recre-
ation, or for any personal use or enjoy-
ment. Use within a household for com-
mercial or medical applications is not
included in this definition, nor is use in
automobiles, watercraft. or aircraft.
Significant new use means use of a
new or existing substitute in a major
industrial use sector as a result of the
phaseout of ozone-depleting com-
pounds.
Small uses means any use of a sub-
stitute in a sector other than a major
454
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Environmental Protection Agency
§82.176
industrial use sector, or production by
any producer for use of a substitute in
a major industrial sector of 10.000 Ibs.
or less per year.
Substitute or alternative means any
chemical, product substitute, or alter-
native manufacturing process, whether
existing or new. intended for use as a
replacement for a class I or II
compound.
Test marketing means the distribution
in interstate commerce of a substitute
to no more than a limited, defined
number of potential customers to ex-
plore market viability in a competitive
situation. Testing must be restricted
to a defined testing period before the
broader distribution of that substitute
in interstate commerce.
Use means any use of a substitute for
a Class I or Class II ozone-depleting
compound, including but not limited to
use in a manufacturing process or prod-
uct, in consumption by the end-user, or
in intermediate uses, such as formula-
tion or packaging for other subsequent
uses,
Use restrictions means restrictions on
the use of a substitute imposing either
conditions on how the substitute can
be used across a sector end-use or lim-
its on the end-uses or specific applica-
tions where it can be used within a sec-
tor.
§82.174 Prohibitions.
(a) No person may introduce a new
substitute into interstate commerce
before the expiration of 90 days after a
notice is initially submitted to EPA
under §8Z.176(aS.
(b) No person may use a substitute
which a person knows or has reason to
know was manufactured, processed or
imported in violation of the regula-
tions in this subpart. or knows or has
reason to know was manufactured,
processed or imported in violation of
any use restriction in the acceptability
determination, after the effective date
of any rulemaking imposing such re-
strictions,
(c) No person may use a substitute
without adhering to any use restric-
tions set by the acceptability decision.
after the effective date of any rule-
making imposing such restrictions.
(d) No person may use a substitute
after the effective date of any rule-
making adding such substitute to the
list of unacceptable substitutes.
(e) Rules Stayed for Reconsideration.
Notwithstanding any other provision of
this subpart. the effectiveness of sub-
part C is stayed from December 8. 1994.
to March 8. 1995. only as applied to use
of substitutes for export.
SS9 FR 1314?. Mar. IS. 1994. as amended at 59
FR 63256, Dec, 8, 1984: 60 FR 3303. Jan. 13.
19951
§82.176 Applicability.
(a) Any producer of a new substitute
must submit a notice of intent to in-
troduce a substitute into interstate
commerce 90 days prior to such intro-
duction. Any producer of an existing
substitute already in interstate com-
merce must submit a notice as of July
18. 1994. if such substitute has not al-
ready been reviewed and approved by
the Agency.
(b) With respect to the following sub-
stitutes, producers are exempt from no-
tification requirements:
(1) Substitutes already listed as accept-
able. Producers need not submit notices
on substitutes that are already listed
as acceptable under SNAP.
(2) Small sectors. Persons using sub-
stitutes in sectors other than the nine
principal sectors reviewed under this
program are exempt from the notifica-
tion requirements. This exemption
shall not be construed to nullify an
unacceptability determination or to
allow use of an otherwise unacceptable
substitute.
(3) Small volume use within SNAP sec-
tors. Within the nine principal SNAP
sectors, persons introducing a sub-
stitute whose expected volume of use
amounts to less than 10.000 Ibs. per
year within a SNAP sector are exempt
from notification requirements. This
exemption shall not be construed to
allow use of an otherwise unacceptable
substitute in any quantity. Persons
taking advantage of this exemption for
small uses must maintain documenta-
tion for each substitute describing how
the substitute meets this small use def-
inition. This documentation must in-
clude annual production and sales in-
formation by sector.
(4) Research and development. Produc-
tion of substitutes for the sole purpose
455
-------
§82.178
40 CFR Ch. I (7-1-97 Edition)
of research and development is exempt
from reporting requirements.
(5) Test marketing. Use of substitutes
for the sole purpose of test marketing
is exempt from SNAP notification re-
quirements until 90 days prior to the
introduction of such substitutes for
full-scale commercial sale in interstate
commerce. Persons taking advantage
of this exemption are, however, re-
quired to notify the Agency in writing
that they ere conducting test market-
ing 30 days prior to the commencement
of such marketing. Notification shall
include the name of the substitute, the
volume used in the test marketing, in-
tended sector end-uses, and expected
duration of the test marketing period.
(6) Formulation changes. In cases
where replacement of class I or II com-
pounds causes formulators to change
other components in a product, formu-
lators are exempt from reporting with
respect to these auxiliary formulation
changes. However, the SNAP submitter
is required to notify the Agency if such
changes are expected to significantly
increase the environmental and human
health risk associated with the use of
any class I or class II substitute.
(7) Substitutes used as feedstocks. Pro-
ducers of substitutes used as feedstocks
which are largely or entirely
consumed, transformed or destroyed in
the manufacturing or use process are
exempt from reporting requirements
concerning such substitutes.
(c) Use of a substitute in the posses-
sion of an end-user as of March 18. 1994.
listed as unacceptable or acceptable
subject to narrowed use limits may
continue until the individual end-users'
existing supply, as of that date, of the
substitute is exhausted. Use of sub-
stitutes purchased after March 18. 1994,
is not permitted subsequent to April 18.
1994.
§82.178 Information required to be
submitted.
(a) Persons whose substitutes are
subject to reporting requirements pur-
suant to §82.176 must provide the fol-
lowing information:
(1) Name and description of the sub-
stitute. The substitute should be identi-
fied by its: Chemical name; trade
name(s): identification numbers: chem-
icai formula: and chemical structure.
(2) Physical and chemicaJ information.
The substitute should be characterized
by its key properties including but not
limited to: Molecular weight: physical
state: melting point: boiling point: den-
sity: taste and/or odor threshold: solu-
bility: partition coefficients (Log K»_,
Log Koc): atmospheric lifetime and
vapor pressure.
(3) Substitute applications. Identifica-
tion of the applications within each
sector end-use in which the substitutes
are likely to be used.
(4) Process description. For each appli-
cation identified, descriptive data on
processing, including in-place pollution
controls.
(5) Ozone depletion potential. The pre-
dicted 100-year ozone depletion poten-
tial (OOP) of substitute chemicals. The
submitter must also provide supporting
documentation or references.
(6) Global warming impacts. Data on
the total global warming potential of
the substitute, including information
on the GWP index and the indirect con-
tributions to global warming caused by
the production or use of the substitute
(e.g.. changes in energy efficiency).
GWP must be calculated over a 100. 500
and 1000-year integrated time horizon.
(7) Toxicity data. Health and safety
studies on the effects of a substitute.
its components, its impurities, and its
degradation products on any organism
(e.g.. humans, mammals, fish, wildlife,
and plants). For tests on mammals, the
Agency requires a minimum submis-
sion of the following tests to character-
ize substitute risks: A range-finding
study that considers the appropriate
exposure pathway for the specific use
(e.g.. oral ingestion. inhalation, etc.).
and a 90-day subchronic repeated dose
study in an appropriate rodent species.
For certain substitutes. a
cardiotoxicity study is also required.
Additional mammalian toxicity tests
may be identified based on the sub-
stitute and application in question. To
sufficiently characterize aquatic tox-
icity concerns, both acute and chronic
toxicity data for a variety of species
are required. For this purpose, the
Agency requires a minimum data set as
described in "Guidelines for Deriving
Numerical National Water Quality Cri-
teria for the Protection of Aquatic Or-
ganisms and their Uses." which is
456
-------
Environmental Protection Agency
§82.178
available through the National Tech-
nical Information Service (*PB 85-
227049), Other relevant information and
data summaries, such as the Material
Safety Data Sheets (MSDS). should
also be submitted. To assist in locating
any studies previously submitted to
EPA and referred to, but not included
in a SNAP submission, the submitter
must provide citations for the date.
type of submission, and EPA Office to
which they were submitted, to help
EPA locate these quickly.
(8) Environmental fate and transport,
Where available, information must be
submitted on the environmental fate
and transport of substitutes. Such data
shall include information on bio-
accumulation, biodegradation. adsorp-
tion, volatility, transformation, and
other data necessary to characterize
movement and reaction of substitutes
in the environment.
(9) Flammability, Data on the flam-
mability of a substitute chemical or
mixture are required. Specifically, the
flash point and flammability limits are
needed, as well as information on the
procedures used for determining the
flammability limits. Testing of blends
should identify the compositions for
which the blend itself is flammable and
include fractionation data on changes
in the composition of the blend during
various leak scenarios. For substitutes
that will be used in consumer applica-
tions, documentation of testing results
conducted by independent laboratories
should be submitted, where available.
If a substitute is flammable, the sub-
mitter must analyze the risk of fire re-
sulting from the use of such a sub-
stitute and assess the effectiveness of
measures to minimize such risk.
(10) Exposure data. Available model-
ing or monitoring data on exposures
associated with the manufacture, for-
mulation, transport, use and disposal
of a substitute. Descriptive process in-
formation for each substitute applica-
tion, as described above, will be used to
develop exposure estimates where ex-
posure data are not readily available.
Depending on the application, exposure
profiles may be needed for workers.
consumers, and the general population.
(11) Environmental release data. Data
on emissions from the substitute appli-
cation and equipment, as well as on
pollutant releases or discharge to all
environmental media. Submitters
should provide information on release
locations, and data on the quantities,
including volume, of anticipated waste
associated with the use of the sub-
stitute. In addition, information on an-
ticipated waste management practices
associated with the use of the sub-
stitute. Any available information on
any pollution controls used or that
could be used in association with the
substitute (e.g.. emissions reduction
technologies, wastewater treatment.
treatment of hazardous waste) and the
costs of such technology must also be
submitted.
(12) Replacement ratio for a chemical
substitute. Information on the replace-
ment ratio for a chemical substitute
versus the class I or II substances being
replaced. The term "replacement
ratio" means how much of a substitute
must be used to replace a given quan-
tity of the class I or II substance being
replaced.
(13) Required changes in use tech-
nology. Detail on the changes in tech-
nology needed to use the alternative.
Such information should include a de-
scription of whether the substitute can
be used in existing equipment—with or
without some retrofit—or only in new
equipment. Data on the cost (capital
and operating expenditures) and esti-
mated life of any technology modifica-
tions should also be submitted
(14) Cost of substitute. Data on the ex-
pected average cost of the alternative.
In addition, information is needed on
the expected equipment lifetime for an
alternative technology. Other critical
cost considerations should be identi-
fied, as appropriate.
(15) Availability of substitute. If the
substitute is not currently available.
the timing of availability of a sub-
stitute should be provided.
(16) Anticipated market share. Data on
the anticipated near-term and long-
term nationwide substitute sales.
(17) Applicable regulations under other
environmental statutes. Information on
whether the substitute is regulated
under other statutory authorities, in
particular the Clean Water Act. Safe
Drinking Water Act. the Resource Con-
servation and Recovery Act. the Fed-
eral Insecticide, Fungicide. and
457
-------
§82.180
40 CFR Ch. I (7-1-97 Edition)
Rodenticide Act. the Toxic Substances
Control Act. the Comprehensive Envi-
ronmental Response. Compensation
and Liability Act. the Emergency
Planning and Community Right-to-
Know Act. or other titles under the
Clean Air Act.
(18) Information already submitted to
the Agency. Information requested in
the SNAP program notice that has
been previously submitted to the Agen-
cy as part of past regulatory and infor-
mation-gathering activities may be
referenced rather than resubmitted.
Submitters who cannot provide accu-
rate references to data sent previously
to the Agency should include all re-
quested information in the SNAP no-
tice.
(19) Information already available in
the literature. If any of the data needed
to complete the SNAP program notice
are available in the public literature.
complete references for such informa-
tion should be provided.
(b) The Significant New Alternatives
Policy (SNAP) Information Notice is
designed to provide the Agency with
the information necessary to reach a
decision on the acceptability of a sub-
stitute.
(\) Submitters requesting review
under the SNAP program should send
the completed SNAP notice to: SNAP
Document Control Officer, U.S. Envi-
ronmental Protection Agencv (6205-J).
401 M Street. SW., Washington, DC
20460.
(2) Submitters filing jointly under
SNAP and the Premanufacture Notice
Program (PMN) should send the SNAP
addendum along with the PMN form to:
PMN Document Control Officer, U.S.
Environmental Protection Agency
(7407). 401 M Street, SW., Washington,
DC 20460. Submitters must also send
both documents to the SNAP program.
with a reference to indicate the notice
has been furnished to the Agency under
the PMN program. Submitters provid-
ing information on new chemicals for
joint review under the TSCA and SNAP
programs may be required to supply
additional toxicity data under TSCA
section 5.
(3) Submitters filing jointly under
SNAP and under the Federal Insecti-
cide. Fungicide, and Rodenticide Act
should send the SNAP form to the Of-
fice of Pesticide Programs, Registra-
tion Division, (7505C) 401 M Street,
SW., Washington, DC 20460, as well as
to the SNAP Document Control Offi-
§82.180 Agency review of SNAP sub-
missions.
(a) Processing of SNAP notices. (1) 90-
day review process. The 90-day review
process will begin once EPA receives a
submission and determines that such
submission includes data on the sub-
stitute that are complete and ade-
quate, as described in §82.178, The
Agency may suspend or extend the re-
view period to allow for submission of
additional data needed to complete the
review of the notice.
(2) Initial review of notice. The SNAP
Document Control Officer will review
the notice to ensure that basic infor-
mation necessary to process the sub-
mission is present (i.e., name of com-
pany, identification of substitute, etc.).
The SNAP Document Control Officer
will also review substantiation of any
claim of confidentiality.
(3) Determination of data adequacy.
Upon receipt of the SNAP submission.
the Agency will review the complete-
ness of the information supporting the
application. If additional data are
needed, the submitter will be contacted
following completion of this review.
The 90-day review period will not com-
mence until EPA has received data it
judges adequate to support analysis of
the submission.
(4) Letter of receipt. The SNAP Docu-
ment Control Officer will send a letter
of receipt to the submitter to confirm
the date of notification and the begin-
ning of EPA's 90-day review period. The
SNAP Document Control Officer will
also assign the SNAP notice a tracking
number, which will be identified in the
letter of receipt.
(5) Availability of new information dur-
ing review period. If critical new infor-
mation becomes available during the
review period that may influence the
Agency's evaluation of a substitute,
the submitter must notify the Agency
about the existence of such informa-
tion within 10 days of learning of such
data. The submitter must also inform
the Agency of new studies underway,
even if the results will not be available
458
-------
Environmental Protection Agency
§82.180
within the 90-day review period. The
Agency may contact the submitter to
explore extending or suspending the re-
view period depending on the type of
information received and the stage of
review.
(6) Completion of detailed review. Once
the initial data review, described in
paragraphs (a) (2) and {3} of this section.
has been completed, the Agency will
complete a detailed evaluation of the
notice. If during any time the Agency
perceives a lack of information nec-
essary to reach a SNAP determination.
it will contact the submitter and re-
quest the missing data.
(7) Criteria for review. To determine
whether a substitute is acceptable or
unacceptable as a replacement for class
I or II compounds, the Agency will
evaluate:
(i) Atmospheric effects and related
health and environmental impacts:
(ii) General population risks from
ambient exposure to compounds with
direct toxicity and to increased
ground-level ozone;
(iii) Ecosystem risks:
(iv) Occupational risks:
(v) Consumer risks:
(vi) Flammability: and
(vii) Cost and availability of the sub-
stitute.
(8) Communication of decision, (i) Com-
munication of decision to the submitter.
Once the SNAP program review has
been completed, the Agency will notify
the submitter in writing of the deci-
sion. Sale or manufacture of new sub-
stitutes may commence after the ini-
tial 90-day notification period expires
even if the Agency fails to reach a deci-
sion within the 90-day review period or
fails to communicate that decision or
the need for additional data to the sub-
mitter. Sale or manufacture of existing
substitutes may continue throughout
the Agency s 90-day review.
(ii) Communication of decision to the
public. The Agency will publish in the
FEDERAL REGISTER periodic updates to
the list of the acceptable and unaccept-
able alternatives that have been re-
viewed to date. In the case of sub-
stitutes proposed as acceptable with
use restrictions, proposed as unaccept-
able or proposed for removal from ei-
ther list, a rulemaking process will
ensue. Upon completion of such rule-
making. EPA will publish revised lists
of substitutes acceptable subject to use
conditions or narrowed use limits and
unacceptable substitutes to be incor-
porated into the Code of Federal Regu-
lations. (See Appendices to this sub-
part.)
(b) Types of listing decisions. When re-
viewing substitutes, the Agency will
list substitutes in one of five cat-
egories:
(1) Acceptable. Where the Agency has
reviewed a substitute and found no rea-
son to prohibit its use, it will list the
alternative as acceptable for the end-
uses listed in the notice.
(2) Acceptable subject to use conditions.
After reviewing a notice, the Agency
may make a determination that a sub-
stitute is acceptable only if conditions
of use are met to minimize risks to
human health and the environment.
Where users intending to adopt a sub-
stitute acceptable subject to use condi-
tions must make reasonable efforts to
ascertain that other alternatives are
not feasible due to safety, performance
or technical reasons, documentation of
this assessment must be retained on
file for the purpose of demonstrating
compliance. This documentation shall
include descriptions of substitutes ex-
amined and rejected, processes or prod-
ucts in which the substitute is needed.
reason for rejection of other alter-
natives, e.g.. performance, technical or
safety standards. Use of such sub-
stitutes in ways that are inconsistent
with such use conditions renders them
unacceptable.
(3) Acceptable subject to narrowed use
limits. Even though the Agency can re-
strict the use of a substitute based on
the potential for adverse effects, it
may be necessary to permit a narrowed
range of use within a sector end-use be-
cause of the lack of alternatives for
specialized applications. Users intend-
ing to adopt a substitute acceptable
with narrowed use limits must ascer-
tain that other alternatives are not
technically feasible. Companies must
document the results of their evalua-
tion, and retain the results on file for
the purpose of demonstrating compli-
ance. This documentation shall include
descriptions of substitutes examined
and rejected, processes or products in
which the substitute is needed, reason
459
-------
§82.182
40 CFR Ch. I (7-1-97 Edition)
for rejection of other alternatives, e.g.,
performance, technical or safety stand-
ards, and the anticipated date other
substitutes will be available and pro-
jected time for switching to other
available substitutes. Use of such sub-
stitutes in applications and end-uses
which are not specified as acceptable in
the narrowed use limit renders them
unacceptable.
(4) Unacceptable. This designation
will apply to substitutes where the
Agency's review indicates that the sub-
stitute poses risk of adverse effects to
human health and the environment and
that other alternatives exist that re-
duce overall risk.
(5) Pending, Submissions for which
the Agency has not reached a deter-
mination will be described as pending.
For all substitutes in this category.
the Agency will work with the submit-
ter to obtain anv missing information
and to determine a schedule for provid-
ing the missing information if the
Agency wishes to extend the 90-day re-
view period. EPA will use the author-
ity under section 114 of the Clean Air
Act to gather this information, if nec-
essary. In some instances, the Agency
may also explore using additional stat-
utory provisions (e.g.. section 5 of
TSCA) to collect the needed data.
(c) Joint processing under SNAP and
TSCA. The Agency will coordinate re-
views of substitutes submitted for eval-
uation under both the TSCA PMN pro-
gram and the CAA.
(d) Joint processing under SNAP and
FIFRA. The Agency will coordinate re-
views of substitutes submitted for eval-
uation under both FIFRA and the CAA.
159 FR 13147, Mar. !S. 1994. as amended at 6!
FR 255S2. May 22. 1996: 61 FR 54039. Oct. 16.
1996)
§82.182 Confidentiality of data.
(a) Clean Air Act provisions. Anyone
submitting information must assert a
claim of confidentiality at the time of
submission for any data they wish to
have treated as confidential business
information (CBI) under 40 CFR part 2,
subpart B. Failure to assert a claim of
confidentiality at the time of submis-
sion may result in disclosure of the in-
formation by the Agency without fur-
ther notice to the submitter. The sub-
mitter should also be aware that under
section 114(c). emissions data may not
be claimed as confidential.
(b) Substantiation of confidentiality
claims. At the time of submission. EPA
requires substantiation of any con-
fidentiality claims made. Failure to
provide any substantiation may result
in disclosure of information without
further notice by the Agency. All sub-
missions must include adequate sub-
stantiation in order for an accept-
ability determination on a substitute
to be published. Moreover, under 40
CFR part 2, subpart B. there are fur-
ther instances in which confidentiality
assertions may later be reviewed even
when confidentiality claims are ini-
tially received. The submitter will also
be contacted as part of such an evalua-
tion process.
(c) Confidentiality provisions for tox-
icity data. In the event that toxicity or
health and safety studies are listed as
confidential, this information cannot
be maintained as confidential where
such data are also submitted under
TSCA or FTFRA. to the extent that
confidential treatment is prohibited
under those statutes. However, infor-
mation contained in a toxicity study
that is not health and safety data and
is not relevant to the effects of a sub-
stance on human health and the envi-
ronment (e.g., discussion of process in-
formation, proprietary blends) can be
maintained as confidential subject to
40 CFR part 2, subpart B.
(d) Joint submissions under other stat-
utes. Information submitted as part of
a joint submission to either SN?AP/
TSCA or SNAP/FIFRA must adhere to
the security provisions of the program
offices implementing these statutes.
For such submissions, the SNAP han-
dling of such notices will follow the se-
curity provisions under these statutes.
§82.184 Petitions.
(a) Who may petition. Any person may
petition the Agency to amend existing
listing decisions under the SNAP pro-
gram, or to add a new substance to anv
of the SNAP lists.
(b) Types of petitions. Five types of pe-
titions exist:
(1) Petitions to add a substitute not
previously reviewed under the SNAP
program to the acceptable list. This
type of petition is comparable to the
460
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Environmental Protection Agency
Pt 82, SubpL G, App. A
90-day notifications, except that it
would generally be initiated by entities
other than the companies that manu-
facture, formulate, or otherwise use
the substitute. Companies that manu-
facture, formulate, or use substitutes
that want to have their substitutes
added to the acceptable list should sub-
mit information on the substitute
under the 90-day review program:
(2) Petitions to add a substitute not
previously reviewed under the SNAP
program to the unacceptable list:
(3) Petitions to delete a substitute
from the acceptable list and add it to
the unacceptable list or to delete a sub-
stitute from the unacceptable and add
it to the acceptable list:
(4) Petitions to add or delete use re-
strictions on an acceptabiliry listing.
(5) Petitions to grandfather use of a
substitute listed as unacceptable or ac-
ceptable subject to use restrictions.
(c) Content of the petition. The Agency
requires that the petitioner submit in-
formation on the type of action re-
quested and the rationale for the peti-
tion. Petitions in paragraphs (b)(l) and
(2) of this section must contain the in-
formation described in §82.178, which
lists the items to be submitted in a 90-
day notification. For petitions that re-
quest the re-examination of a sub-
stitute previously reviewed under the
SNAP program, the submitter must
also reference the prior submittal or
existing listing. Petitions to grand-
father use of an unacceptable sub-
stitute must describe the applicability
of the test to judge the appropriateness
of Agency grandfathering as estab-
lished by the United States District
Court for the District of Columbia Cir-
cuit (see Sierra Club v. EPA. 719 F.2d 436
(D.C. Cir. 1983}). This test includes
whether the new rule represents an ab-
rupt departure from previously estab-
lished practice, the extent to which a
party relied on the previous rule, the
degree of burden which application of
the new rule would impose on the
party, and the statutory interest in ap-
plying the new rule immediately.
(d) Petition process. (I) Notification of
affected companies. If the petition con-
cerns a substitute previously either ap-
proved or restricted under the SNAP
program, the Agency will contact the
original submitter of that substitute.
(2) Review for data adequacy. The
Agency will review the petition for
adequacy of data. As with a 90-day no-
tice, the Agency may suspend review
until the petitioner submits the infor-
mation necessary to evaluate the peti-
tion. To reach a timely decision on
substitutes. EPA may use collection
authorities such as those contained in
section 114 of the Clean Air Act as
amended, as well as information collec-
tion provisions of other environmental
statutes.
(3) Review procedures. To evaluate the
petition, the Agency may submit the
petition for review to appropriate ex-
perts inside and outside the Agency.
(4) Timing of determinations. If data
are adequate, as described in §82.180.
the Agency will respond to the petition
within 90 days of receiving a complete
petition. If the petition is inadequately
supported, the Agency will qyery the
petitioner to fill any data gaps before
the 90-day review period begins, or may
deny the petition because data are in-
adequate.
(5) Rulemaking procedures. EPA will
initiate rulemaking whenever EPA
grants a petition to add a substance to
the list of unacceptable substitutes, re-
move a substance from any list, or
change or create an acceptable listing
by imposing or deleting use conditions
or use limits.
(6) Communication of decision. The
Agency will inform petitioners within
90 days of receiving a complete petition
whether their request has been granted
or denied. If a petition is denied, the
Agency will publish in the FEDERAL
REGISTER an explanation of the deter-
mination. If a petition is granted, the
Agency will publish the revised SNAP
list incorporating the final petition de-
cision within 6 months of reaching a
determination or in the next scheduled
update, if sooner, provided any re-
quired rulemaking has been completed
within the shorter period.
APPENDIX A TO SUBPART G—SUB-
STITUTES SUBJECT TO USE RESTRIC-
TIONS AND UNACCEPTABLE SUB-
STITUTES
461
-------
Pt 82, Subpt. G, App. A
40 CFR Ch. I (7-1-97 Edition)
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CFC-12.
rtyorocaoors oie?«3 A
HCFC-141B
HCFC— 22/HFC-142W
CFC-52,
HyOrtjcarBon Mend A .._
HCFC-22/HFC-J428/
CFC-12.
Hydrocarbon blena A ...
HCFC-22/HFC-142W
CFC-12.
HCFC-22/HFC-142b/
CFC-12.
HCFC-22/HFC-142b/
CFC-12.
Hydrocaroon Qlend A ....
HCFC-22/HFC-142D/
CFC-12.
Hydrocarbon blend A ....
HCFC-22JHFC-142b/
CFC-12.
Hydrocarbon blend A ....
HCFC-Z2/HFC-142V
CFC-12.
Hydrocarbon blend A
HCFC-22j%^C— 1 42ti/
CFC-12.
Hydrocarbon Wend A ...
HCFC— SZ-t^C- 1 42!^
CFC-12.
HyO-oca-Dor Dieno A —
REFRIGERAWTS
scceotaMe SubsMites
Oeowon
Unaawwawe _.
Unaecestaole
Unaezesa&ifi
Ufsaccecaoie _
Unacceptable
Unaceeoaole _
Unacceptable
UnaceewaWe
UnacceotaOle _.
Unacceptable
Unacceptable
Unacceptable
Unacceptable ..........
Unacceptable
Unacceptable
Unacceptable .
Unacceptable ,
Unacceptable
Unacceptable
Unacceptable
UnacceptaMe .....
UnaoceptaMe ....
v
UnacceetatHe .....
Unacceptable „
Conwierw
Has a nigh OOP relative a other aHematrves,
As a Mend ol bo8t Oass 1 ana Class tl S.-D-
iiinces. * Ms * isgiw OOP nan use o> Oass
It suQ^ances..
FlafB(F»afcWy ^ a $wf^j$ conceit, Oaiji have no?
Sffet summed its aemonstra-£ it can useo
sne»y « ens end-use.
As a tMM M Mt-i Class 1 and Class it sui>-
flanc«i- « tms * (ngner OOP tan use o> Oass
if syostances.
FlamrfiaQ^y s a seitous concern. 0aia have not
Men suomnw) 10 aeranst-a'e n can be used
SMety tn t>s era-use.
Hu a t«$fl OOP xeiasve to other alternatives.
As a etwia o( botfi Ctass i and Class 11 suo-
staflces. it nas a htglte* OOP than use of Class
11 substances.
Flamma&ftty m a senous concern. Data have not
txen suamtnea m demonstrate * can be used
As a nend ol both Class 1 and Class M sub-
stances, it naa * iwgner OOP than use of Class
11 substances.
Flammauiiify is a senous concern. Data have n&t
been submitted to demonstrate » can be used
safely in m* end-vie.
As a blend of both Oass I and Class H sub-
stances, n Ms a higher OOP than use 01 Class
n substances.
As a blend of Both Class I and Class II sub-
stances, it has a higher OOP than use ol Cass
n substances.
As a blend of both Class 1 and Dass M sub-
stances, it has a higher OOP than use of Class
II substances
Ramrnabtltty is a senous concern. Data have not
been submitted to demonstrate it can be used
salely in inn end-use.
As a Mend ol both Class 1 and Class 11 sub-
nances, n has a higher OOP than use of Class
II substances.
Flamma&tiity is a senous concern. Data have not
been submitted to demonstrate r) can be used
safely m this end-use.
As a Mend of bom Class 1 and Class 11 sub-
stances, it hu * Ngher OOP than use ol Class
II substance*.
Flarnmabiiity is a senous concern. Data have not
been suornmed to demonstrate it can be used
safely in 9ta end-use.
As a Mend of both Clan I and Class II sub-
stances, it has * htghef OOP than use of Class
li substances.
FlammattWy Is a senous concern. Data nave not
been suammeo m demonstrate * can be used
salely in tfus end-use.
As a etona of oom Class t and Class n svc-
stinces a has • higher OOP than use of Class
ts suesonces-
FtammaMity a a tenons concern. Data nave not
been summed to demonstrate n can De used
t*My nd Class It sub-
stance*. M has a higher OOP man use ol Oass
n substances.
FiammaoMy is a senous concern. Data have not
seen submma a demtnsme 8 on oe usea
s»*et» n ffw end-us*.
462
-------
Environmental Protection Agency
Pt. 82, Subpt. G, App. A
REFRIGERANTS—Continued
Unaoceptaole Substitutes
End-use
Substitute
Deason
CFC-12. B-502 retail
food refrigeration (raro-
CFC-12. B-502 res**
eejtapnwMMiKs).
CFC-12. B-502 commer-
cial ce machines (reiro-
CFC-12, R-502 commer-
cial ice machines (new
equpmanVNIKs).
CFC—12 verKSsig mi
cnmes (ictnMI.
CFC-12 vending ma-
chmes (new eouememf
NIKS),
CFR-12. water coolers
(retrofit).
CFR-12. water coolers
(New aowpmcrrvNlK*)
CFR-12. BousehoM re-
CFC~«-
Un»ee«ctaole
HCFC-22/HFC-1 *»
CFC-12.
Hyarocanson Blena A .
HCFC-22/HFC-1426/
CFC-12.
Hydrocarbon blend A .
CFR-12. house*** re-
tnje-aiors (new equip-
ment/NIKsj.
CFR-12. R-502 house-
hold freezers (relrott).
CFR-12, KH household
freezers {new equip-
mentfNtKsJ.
CFC-12.
Hyarocaroon blend A
HCFC-22/HFC-1«W
CFC-12.
Hyorocamon eteno A ,
HCFC-22/HFC-K2W
CFC-12.
KydfoeafBon biena A
HCFC-22/MFC-142b/
CFC-12.
Hydrocarbon Dlend A ,
HCFC-22/HFC-142B/
CFC-12.
Hydrocarbon Siena A .
CFC-12.
CFC-12.
HCFC-22/HFC-142B/
CFC-12.
Hydrocarpon blend A ..
HCFC-22WFC-i«tj/
CFC-12.
Un«oe*p!*o»e
Unacceptable .
Unacceptable .
Unacceptable .
Un*cc*«»W*
Unacceptable
Untcxepiaole
tMaseeotaote .
Unacceptable .
Unacceptable .
Unacceptable .
Unacceptable .
Unacceptable ,
As a c**nd of both Class i and Class n sua-
stanccs, it ha* a higher OOP than UM ot Class
it suestarees.
Flaramaoiify a a senous concern. Data haw iws
Seen tuom**3 to owwnstfale < can be ussfl
safely *« ff*ss era-use.
As a bw*} ol botri Dass t am3 Qass ^ fytf-
stances, it nas a higner GDP than ust of Qass
Ei substances.
FtammaOitoy is a senous concern. Data fw* wt
Men suomitted to acmortsira:e it can be used
sa»el» in ttua end-use.
As a blend of both Class I and Class il suD-
stances, it has a higher ODP man use of Class
il sucttmnces.
Flammabiltry ts a senous concern. Data have not
been submitted to demonstrate it can be used
safely in ifus end-use.
As a Mend ol fiotn Class I and Oass H suo-
stances, il has a higher ODP than us* =' Class
il suosttnces,
Rammattdiiy ts a senous concern. Data have net
been suoomwd to uemonsmta it can be used
sa««ry ft ma eno-usa.
As a vena 9) bom Oass > and Class n IUD-
stanca*. a has a higher OOP »an uw o» Ctass
n MAttances.
Flammaaiitr s a senous ccBcem. Dm fawe not
tseen si«ir»8ea to oemoBstsaie a can oe useo
lataty « «w ana-use
As a Mend si scm Class 1 and Oass n sub-
stance*. « ras a uglier ODP *an use ol Class
H substances,
Fiaramaoiliry is a senous concern Data have not
been submitted to demonstrate n am be use 3
safely in Bus end-use.
As a blend of both Class I and Class H sub-
stances, it has a higher ODP than use of Class
it substances.
FlammabiNty is a serious concern. Data have not
been submitted to demonstrate n can be useo
safely in this end-use.
As a Wend ol bom Class I and Class II sub-
stances, il has a higher ODP man use ol Class
n sutMances,
Ftafflmaaliiy n a senous concern. Data nave not
been stibmfttea to demonstrate it can be usea
saleiy in &*K era-Mse,
As a Dieno 01 aott Cass i and Class il sa>
nanoe*. A nas a higher OOP tan use a Oass
B
is a semis concern. C ata ntve not
Men suSmaea to semcns-.-ate it can be used
safety n ms end-use.
As a Mend of both Class i and Class H suo-
stances. it has a Mgher OOP tian use ol Ci»s
H suastances.
Fiammabiliiy ts a serious concern. Data have not
been submitted to demonstrate n can be used
safely m this end-use.
As a blend of both Dass I and Class II sub-
stances, il has a higher ODP than use of Class
II substances
Ftammacxlity is a senous concern. Data nave noi
been submitted to demonstrate it can be used
safely in Ms end-use.
As * bleno of Dom Class I arts Class il suo-
stances n nas a higher ODP tmn use of Class
H
463
-------
Pt 82. Subpt G, App. A
40 CFR Ch. I (7-1-97 Edition)
REFRIGERANTS—Continued
Unasce«aol» Subsmwes
SuOSMule
CFB-12. B-500 ftsoen-
Ml.
CFR-12. R-SOO us
HCFC-2»HFC-1«Slf
CFC-12
HyflmcafSOfi oisna A -
HCFC-2ZMFC-i4Zti'
CFC-12-
CFR-1Z. WOW vmcte a»r I HCFC-22/HFC-142t>f
, CFG-12
Hyarocaioon olsno A _
I
1
CFB-«2. moot vmcto mi I HCFC-22/HFC-M20V
conditioners ine* CFC-12.
Hfdrocatoon oseno A .
UnaccesiasM ,
tenous omccm. Data na»e
in «*.* (no^m.
At a aic-,3 ;.i KT C ass t ana Oass u
*1 nas i t»$t*&t GDP ^%^ ts
Unacceetacfe ,
**fy ts
. Data f*a¥e no!
f is can oe i^sea
' uMiv " »M«fi9.ji»
i AS • g**no oi aoS! Class i ana Oass u s«>-
• GDP ewt use e tisea
talwy in mil ena-utt.
As a ttcno o( 6osr Cioss I ana Dass U sui>-
stances. il has a nigner OOP 'ran use ol Class
H su&$tanc*s.
F^afnffiaoiltfy is a serous concern. Data nave not
been syDmtltd 10 o^nonstmte tt can t>e S4je<3
y in this ono-use.
FOAMS
L,r,acceplaole Substihjtcs
Ena-use
CFC~11 Pc^yolefin
SuSsMute
HCFC-Mib (ocoiends
STiereofi.
DecsSEon
Unacceptaote ,.
Comrnents
HCFC-141C» has an ODP of 0 11 almost equiv-
alent lo that of meihyl chioroiom. a Class t
substance. The Agency oe^eves that non-
CD? alls mac vcs are sufficiently ava^aoie to
renoer the use of HCFG-t4lb unnecessary in
poiyaletin foams.
SUBSTITUTES ACCEPTABLE SUBJECT TO NARROWED USE LIMITS
End-use
Elecironcs cleaning
fofrnance. preosion*
engineered stxiiica-
tkjns onty wttere wa-
sona&le eflorrs nave
o«en made to ascer-
tain trial ottver ilter-
nasves are not Men-
mcatty leaSiDle oue to
perfom&nce Of salety
reauirements.
••*
Comments
The onnooal environmental characteristic ol
concern tor PFCs is that tney nave long at-
mosonenc iilettmes and hign giooal wanrwig
potentials. Altnougn actual contnoutions to
gicoai wwming aeoeno upon irw Quantities ol
PFCs emflea, Ihe ertects are tat practical
purposes irrevenible.
Users must observe tMt limitation on PFC ac-
ceotabiMy by eonoxicting a reasonaote evai-
uaion ol omer suosmuies to aetermne mat
ffC us* 11 ncceiiary to meet performance
or safety requireffwtts. Documen^non ot ff^s
evaluation nusl Be kept on Me.
for joaitoral guiaan:e ^^a-Tlmq aookcaMons
m mfnefi PFCs nay Be aioroonate, Lsere
sftotMa ccnsyit me Preamoie tot Ms tule-
mawng.
464
-------
Environmental Protection Agency
PL 82, Subpt. G App. A
SUBSTITUTES ACCEPTABLE SUBJECT TO NARROWED USE LIMITS—Continued
End-use
Precision cleaning w/
CFC-I13. MCF.
Substitute
Perfiuoro-carDons
(CSF12. C6F12.
C6F14, C7F16.
C8F1§. CSFMNO.
Decision
Acceptable for higrvDer-
romance, pna»on>
engineered applca-
tionj only where -ea-
CSf » 3NO. sonawe e«o«w rave
CTFiSNO. and
C8f=ie
ae«n made 10 a£e*f-
Bm aal OBW «J»r-
fistves aft r*oi *ee**-
nctfy i*as«e aye to
peftomwsce o? salefy
reayiremenis-
Commenls
The principal environmental charactensiic oi
concern for PFCs is thai tticy nave long a!-
rroionenc lilenmes ana tugn gtabal wgffnng
coienttats. Although actual connouttons to
510131 warning ceserc voon tie (waniiMs oi
Pf=Cs *mNd. *w ««ecs m tw praeaeal
pi-T>o«i ir-eve^,rJ«
Usan mm ocser»e ma irwattm on CfC ac-
cecaMly 2y omlwang a neasooatt* *«H-
yaton 31 other sudsttu^s to oetemine ^aj
PFC use *s necessary to meet pertomiance
or wipty reguiremerut. Documentation of mu
evaluation must Oe kept on liie.
for aodibonal guidance regaming applications
in which PFCs may be appropnate. use**
should consult the PreamOle tar this ryie-
maktng.
UNACCEPTABLE SussTmrres
Metais cleaning»
113.
s cManmg «« MCF
ESeoroncs Bearung •*
CfC-113.
Bectronics cleaning *a
MCF.
Precision deajimo, w*'
CFC-nl
Precision Cleaning w/
MCF.
MCFC >*ii> ana «s 1 Unaeceoatiit
HCPC l
HCFC 141B and as
tjienas.
UnaccectaMe
UnacccoaBI*
MCFC HID ana its Unacceotiole
HCfC I4io ana e ' Onacceotaoie
W«no$. )
HCFC I4lb and its
Nenos.
Unaccegtafile ...
High OOP: omer aitwiwsves exas. Ei*w»e
aate: As o! 30 Says after irtaa rule tor y&es m
new equipment (inetuBmg retrotts maoe after
the tfttcwe Oats); as at January 1. 1996 (or
uses in exisfing equpmenl. EPA will grant, if
necessary, narrowed use acceptaoiliry listings
lor CFC-113 past (he elective date oi tie
Hjgh OOP: o^er alternatives exist.
oaie: As of 30 days alter ttnai mie for yses m
««• equemaM (rnciuoinq rctrettS' maaa i"er
Sic etteewe dare): as cl January 1. 19%. lor
uses n ems»c eownen.
H^h OOP: cuner a»»ma«i»«s enfl. EHaebvt
la:e: As oi 30 says arter Imal rule for uses in
new eQutoroenf eintiuamg retrofits made alter
the effcctve date): at oi January 1. 1996, lo>
uses in existing equipment, EPA wil grant, if
necessary, narrowed use acceptability listings
lor CFC-113 past the effective date of the
prohioinon
High OOP; ottwr alternatives east EKecBve
date: As of 30 days ater %tv rule tor uses in
new equipment (actuamg retroSts nam altv
tie e*«cS¥e oaiei: as ol January 1. 1996. lor
High OOP; ainer a»»mja»*s enst E»«e»«
3aie As ol 30 days an*r Inal rule !=• us«* in
new eqy^ff^ent Cinctuomg retmits m&ot after
the •!!«€»« date): as at January 1, 1996, to'
uses In existing equipment EPA wtK grant, if
necessary, narrowed use acceptaMity listings
lor CFC-113 past the «rfective Oate of the
prohibition
High OOP; other alternatives exist. Effective
dale As of 30 days after fnal rule lor uses in
new equipment (including reirda made alter
ne eritcffve aaut. m a Januan/ 1 :996 lor
uses m e»s8ng e«}u»fne«.
465
-------
Pt. 82, Subpt. G, App. A
40 CFR Ch. I (7-1-97 Edition)
FIRE SUPPRESSION AND EXPLOSION PROTECTION STREAMING AGENTS
Substitutes Acceotable Subiect 10 Narrowed Us* Limits
End-use
Hatan 1211
Streaming Agents.
SuMMUt*
[CFCBfenej . _ -.
HBFC-22B1
C.F ,„
Oecawo
Acceptable in ftor*
resideaeal uses
Qf%..
residentMil ys*$
wrsefe ®shef m-
lematwes are not
technical^ fea-
sible 0u@ lo per-
formance or
salety require-
ments:
icai or chemical
properties of the
agent at
D. insert rmman
ejoosure to tw
e*»gui*»in§
p«Daen
C3^IOSe?*$l&2S&-
on «ve!5 o- r*~
Su» Bl orjw wn-
acceotaoie
heaJlti «flKls
unoer norniai op-
erattng condi-
tions.
Ccnffltons
Acceota&ie ui
nonresjaential
uses only.
Cofmnems
section StQ wtic^ 6ai^s use ol C^Cs
n or*txuR2M orsaer.se-s and m*>»-
ter» n res penwnea «or us* in so*
able fee sxM^uisrvn. EPA we is1.
r is ag^n as =— ;-os»o unaccetat «
ri tw ne^ ^lAP pfooosed njAe-
Batons^
5ecai.se CFCs are a Class 1 iui>
ssance* pmouc^n ivitt D« pf^ftM^a
Qy t Dy Jamiary 1 . 1 99&,
See addtt»onal comments 1. 2.
Won ol the ertrvguisr.er ana ventila-
tion following eisMraing me
amnguisnant is 'ecommenaoa
Worker exposure may be a concern
in small office areas.
HBFC-22B1 is considered an intenm
subsllule (or Haion 1211. Because
tie HBR>22B1 has an OOP 0* 74.
$roduc&on wiH &e prtased Out ttx-
c«ut f&r essefn^ uses^ on Janyary
1. 1996.
"Tlw age« was saomtned «o aw Agen-
cy as a PmmarteiacJUfe None*
IPMN) ana a present *yoi»a 10 re-
qusfmments c^sjajnea m a Toxic
Si*tanc« Coraroi Act fTKAi Can-
stm Ooef.
See ftc^sontf c0rm?%nls t . 2.
RFC itxooatiWy 9y rnafcmj WMOn-
anie edwt to undertake ih» tcaiowmg
measyms!
(0 conduct an evaluation ol loresee-
ao^e conoitions of end use:
fit) determine that tfie pfiysical or
cnemicai oroperties or omer tecft-
nicai constraints ot trte other avait-
able agents preclude itieir use: a^a
me other alternative eranguisfltng
a^ems may ac^roacn or result m
ca'C^osensitizatKin cr o)f*er u?mc-
ceptaole toxtoiy eflects under no--
r^al o&erannq cononcns
OooancntMon ol sucn measures mus!
De ftva^atiie lor review upon reqyesi
The pfmd&al envsronmef^l ctiar-
aaensK ol concern tor PFCs a nai
ir-ev rwa.e ^31 G.V=s am lonf at-
Bom to g^»aJ *a-TT'r>g depend won
trsa ouanmes ol PFCs emmea.
For ioaoonaj guidance rega'tjing ai>
ptefttions m wracA PFCs may be ap-
propriate, users should consul B)e
opjcnooon of potential uses when is
includeo in trie preamble to tNs rUe-
making.
SM aodioonai comments 1. 2.
Additional Comments:
1—Discharge testing and Mining should oe stnctty limited only to that which is essential to meet salety or performance re-
quirements
2—The agent snouid be recoverM trom me Are o-otscton system in conjunction wttt ttsnng or servicing, and recycWd for
^ater use or destroyed.
466
-------
Environmental Protection Agency Pt. 82, Subpt. G, App. A
FIRE SUPPRESSION AND EXPLOSION PROTECTION STREAMING AGENTS
Era-UM
HWm J211 SMvnng
i^ffnls
SuDsntuie
fCFC-lll ™ - ...
D«3S>On
iMft£C£CWM£
Comments
This ag*ni Ms oeen suggeMM (or u^ an torge
aukWor in> tor utaeh nm-onn*
-------
FIRE SUPPRESSION AND EXPLOSION PROTECTION TOIAL FLOODING AotNts
Acceptable Subiccl To UN* Conditions
Efld-uM
Halon 1301 To
*»
§
H6FC-22Bt
HCFC-22
HCFC-124
Decision
AceeplaWe
Acceptable
UnM OSHA »$Ut)*n,heii
workplace
Whete egress from art aiea cannot bo occo
vwthm of« mimit», If*@ fefiifjfcjyti §|yiH ncrt
agent in concent* afcem «*c;e««hnfl tts ca
u4 Q 3%
Where egtess lakes longur Ihiin 30 second*,
less than one mtnulo, iho urnpkjyoii thait mj?
(he ayenl in a cof>cursii§)HMi pfOtilo* ihun
carcltoloitc lOAB, ^ I 0%
Hf3FC~Z28) G0iK@ft!rdtK>n$ groater ilisri I 0%
only permtllod «l »reas mil normally CKCuptud
emptoycc$ pfyvWeU lliat any empldyec In
area can escape wtthin 30 iijccNic)^ Ihti
shal as$^
wiihm one mmule, i}^ employ©! shnK not use Ihts
agertl r> concert rullons e*cwdiriQ «l§ e.aretotuitic
Where egrass takos longor than 30 socomJ§ I^jf
toss than one mtrvute. Iho umployer shall nol OM
|ho ag®nl In a concoi*ritalion QiecilGr lhari (Is
cardroioitic LOAEL Of § 0%
HCFC-22 concenlranof*s grenwr (han S 0% aro wly
permiHed tei a* MS not normally oc;cuptort by d*fl-
ploye^s pftsvictod ih^l ^^y ewploytiw in Ww a* on
can escape wirhm 30 steemj$ The
shaH assyie Ihiil no unp«3(€€t»^ (srfiplQff«§
th« ai'ea dumg aijsnl
U"iil OSHA
Where egress from an tti«a canmrt b^ a
wtihsn OIKS mmu*e, Itit en^lsyer shell i>ol us
agent bi conc^nlralior^ 0*c*Hid«9 its
NOAfcl ol 1.0%
Commenis
The compafaliva design concentration based on cup
feufiw vuhjes ts approsEKTislelv S 3%, white as
. LOAEl f.. t% Thus, i! ts unJ.fctly thai
a^ent wril i>e used n normaKy
BFC~?2EM can t>e consjdeied tsnly ao fcitoron sub
iirtuia »of Haton 1301 HBfC-22B1 has «n Ot^1
el 74, thus, p^odijctiofi wtfl be phased out Janu-
Tht% agynt was submitted to the Agency m a
pftymanulacturo Wcrttee (PMNJ and is prescmtiy
^ybfucl let requirements contam&d in a To*ic Sub-
Sinned Conltol Acl (TSCA) Consent OrdOf
Sou fliidMJOftdl comrnenis 1,2, 3, 4.
The
concentration based CHI cup
ues ts 8ppro*tftiately t39% white its
LOA£L is 5 0% Thus. & rs Uftlshsly ttial
Wil bo used in normaBy
St»* addilionaf comments I, 2, 3, 4
The
arattve dessgn concer>lration based cm cup
values is appraximaleiy 8 4% wtyfa fls
ic tOAEl is 2.5%. Thus, it is un
^nl wtfl ba us^J n normally
ackJitiortal comments 1, 2, 3. 4.
?
00
CT
Tl
•o
O
O
S
O
10
-J
o
-------
OD
to
[HCFC 8LENOI A
HFC-23
AecttpuUa
teepiatta
eyress l«l«ei taflrjor than 30 seconds but
tess Wtan &rw minute, Ihft m«p*oyer shall not us®
the »9eftl tn a cwcvnbatnm greater than Ms
cai*olo»« LOAEl Of 2 8%.
CFC-123 eene««li*li©TO greaier than 2.5% are
only permitted n aiMn nol nortnalry occupied by
employees provided lhat Any employee in (he
mi! a can escape within 30 seconds. The emptayaf
shiil assure Itwl no unprotected employees enter
the area during ay*nl discharge
iitt OSHA esluWnhos tpftaaol* wortplaee ie-
WtwfQ ttgias^ hum nn ^I@
wMtm one rnuiuiii Ilin mnployw shall nol uu
(MCFC Blenil) A in tortccmrabons exccedmg Us
cait*olo»B NOAEL at IUO%,
Whero i-'ijn.-v, l. Ik"', groawr than 30 seconds but
loss lhan one mlnulo. Urn cmpluyer diall nol uta
(HCFC Bdmdl A KI « co«s«nif»i*on greater »tao rts
tartMteue tOAEl et 100%
|ICFC Blend) A eonnnumons gieaier lhan 10 pet
cerM ait only pwmMod in sro»s nol notmaly oc-
cupied by «ni»ioy««t provided thai any employee
in Hie ama can ®tc&fw within 30 seconds. Tha
employer shall 3i$ur0 lhal no unprolecled em-
ployees «n1»r tt>n ttiea during agsnl discharge
Until OSHA nlitbMm opitliciiblo wortiplace rv-
IA mimrftt, lh« employer sh^l nol USA
HFC-Z3 in c«K«iiiwlion» ejeeeamg 30%.
Where egmu l.iki". grtjator lhan 30 seconds but
loss than onn immile, il^a gmptoyer shall nol use
HFC-23 in ii u>ra:i'iil;.ilu>n grealei lhan M 0%.
HFC-23 concentrations r tttan SO percent am
only p@m**tt€0 m afeas nol normafly occt^Ned by
en^loyt^s pfovfd^d llval wiy employee in tt*@
area c«n ts^pe wiltw) 30 se£ond$. The employer
sltal nsMJrii Iliiil no unproltcled employees enler
the nrcj iliimu) ayiini discharge.
The desipn conconlralion must result in an oxygen
level ol ill Irw-.i 16%
Until OSHA iK.l..rj|i<,h,.v .,p)J.caljie workplaca re-
> aroa csnnol be accomr^ishccl
one minute, tivi tm|>loy@f sbaH not use ttiis
l in concentrations @xceedu^g rts cardioloxic
NOAEL at 7.5%.
the comparative (tasi9fi coneenfralion basetl on tuM-
sc^le !t&l»ny i& approxunately 8.6%.
Th» «9«nl shoiAl be recovered Itom Ih« lire proles-
liari liytlatn in eonruttction with leslmg or twvie
irtfj, unfl ihauU ba recycled lor lal«f use or de
wruyed
S«e uddilional cornnmnB I, 2, 3, 4.
The cOTifwtraliv® dwaign conceniralion based OR eup
bunwr v^uvf is appfojamaiely H 4% wtme data
taKMn ttMH *s cardralQMEtfy NOAEL ta 30%
wittKHil muted onygen and Sttti with »dded o»y-
fj«n Its IOAEI is Vkoty to exceed &0%
Sue aadrtionol conwitents I, 2. 3. 4.
tlm cwnfwiiiivi) design concentration based on i "P
burner nkwi ii approiimatery 1 1 3% *Nlu Hi
C*«WIOIK LOAEl is 100% Thus. * is unttriy
lh.il tin ttgtnl wdl b« used in normally occupmd
O
1
(!)
I
5
i
I
I
(D
n
?
at
•§"
r»
S«« addibonal comments 1, 2, 3.
-------
FIRE SUPPRESSION AND EXPLOSION PROTECTION Tot&t FLOODING
s AcLCptat,!fi Suftjeet To
Sutislitul.,-
O
Decision
Acceptable
Where egress lakes towjer than 30 seconds tool
tess than one minute, the employer shall noi uss
the agent m a conconfratiQA QfQdtei than Hi
cadKiioxc LQA£L ol tO.0%.
HFC- 125 concentrations greater lhan 100% aro
01% permitted in area*, noi normally oceuptetJ by
employees provided lhal any employee m fr*e
area can escape within 30 seconds Th« employe f
shall assure lhal no unprolected ernplcvy@es onlfir
(fie afe.i ijyring agenl fti&charQe
Hi iiit OSHA esK«L.i)St,es applicable worltpLicg tn
Where egress from an area cannot be a
wtlhkt ono niHiule, Itte employer sttuN not us« H«s
agent in concemr areas r*ol
employees provided lhal any tmptoyee in
arua can escape wtttwiv 30 secoiKJs !!«*
$haR assuu. ilwii no
(he area during ageni tftsclwige
U DM OSHA e
Whem egrens fec»n an area
wttwi ooe minutts, tt*e em0a^^ ^ia8 not w$#
HFC~22/ea m coftcentra&ons eicen-dtflig Ms
cafdintooc NOA£t ol 9 0%
Wtiere ecj/ess lakes km^er lhan 30 seconds but
toss lhan ooe miruie, ttw cniptoyc-f is*ni» rwrt us®
Ifta a§eni M a concenNaiton giiatdf than tis
cardt^ome LOAEL of 16 5%.
HFC=-227ea concenUauons grea(«f it^art 105% are
only permilled in areas mti ftocmaly occv4|)Wtl by
efupJoyees provided lhal any emptoy« fn (ht
area can escape wtlhm 30 secomls Tint employ BI
shall assure thai no unprotected employees t?n!ti
Ihe area during agent discharge
?
00
I
f
D
T3
TJ
am it
See ad
trvq Uc^iyo cunconlitiHun h.isort on e«p
"-!, >g Hpproitmtiild'jy 126% whilu H'.
tOAEI i§ IS 0% 1 hm it >-, i-iMdy lli.il
will b« uioU in ritjrrniitly ocKijpJott
, 2, 3, 4
Tits i..m,».i.,nivft t
concorMiMion b«s«d on
/ 0% whtlo dtetttt
if
«» L0AKI
Use Hule r'.MJf(|
Ag»ncy Mi a
nd r, [)*<••,
fC'C|ii«i(»ft«f«^ tmriMMid m a tcjik
Corttial An (TSCAji Si^i^csnl New
'
I, 2, 3,
-------
er alter-
natives are nol
iiblu due In ppr
lofmartca or sale
ly feqywflrrmnls:
&, dye to their phys-
ical or ehemteal
. Qr
1> where human ex-
posure to Uw ex
Nnguishkrtg atjents
leveK Qf result in
olhtr tmactpgpi
«rttect§
i -it in, j condiLu
Unlil QSHA
For ocetipwd «fttai hum whtoh ptirsanncfi canrtol b0
ewaajalotJ in one tnlnylo, uto if pgmiHied only 14)
lo concenlrsnons not ttxcomfthg tho ca«lk>Soxicily
MOAEL ot 40%
no LDAEL h*»» in'fn t'-.ntjirju-.t tor I
product, standard OSMA i«nutrtffl«rilm as>P*y, i
fqf
, u&S ts permitted yp to n
etAny ttw» I GAEL
Alt pefsorvrn*! must Nt evacuate d bulors €tmct*^ia-
lion o( C.FMI »'*c.cr(J:. 40%,
Oesiyn concHrUr.iiiun itiHt.l ft".nll in oxygofl levels ul
al least 16%.
Oocuinentafw ol sueh nidiMyfos musl bo ava*able
tor revie* upon (ecjuttst
The comparaSive design Mm«fiiraJisn bused @n cup
burner values fS Btpprt»*nmiWii*y 6.6%
Users rmisl obtwrve the hitulttmjni on RFC accdpl-
ability by rnakmg reasotuibMi ellortsi lo undortike
(i) cofxlutt an evaluation a! hnu
of end use.
|rt) de!erTT"i'u thai human tipowre lo if«: other .il
mny
w otter
ettects umter fMjrmni c*p«jrahj
and
(«t) delermffte thai Itxi frftysical w chtmical prop-
erties 01 other lertwcal c*:m$lfiiiils ill Ihf other
avatiable agenls p'&clucle Itttnr usm
The principal erwironrmsnisl chi»»acttri§lJC ol ceoceiti
lor PPCs Is thai I'lt^y fuvit liiyh 0WP& uinl long
almospherK lilottmcia, Actual Mnlrttoulionn lo glob-
al warming depersd tJjxjn th« t^Mir^ili^i ot PfCs
For scifMion
PFCs may too
^* ^fecrVitieHi c^ pstortia! us«s »rfid^ (s
m Ms (ulrrndKMvy
See adduksri*! conwn«inti 1, 2, 3, 4
3
m
to
o
e.
o
1
(D
n
00
10
u
•o
O
TJ
•o
-------
FIRE SUPPRESSION AND EXPLOSION PROTECTION TOTAL FLOODING AGENTS—Continued
Substitutes Acceptable Subject To Use Conditions
00
ro
t/i
or
"
p
•p
>
Substitute
[10-541)
Decision
Agcepiablq
Conditions
Until OSHA establishes applicable workplace re-
quiremenls:
The desfgn concentration musl result in al least 10%
oxygen arxi no more Ihan 5% COj.
If the oxygen concentration of Iho atmosphere falls
below 10%. personrtet mu&l be evacuated and
egress must occur within 30 seconoV
CornrneftiS
Studies have shown thai heallhy, young individuals
can remain in a 10% to 12% oxygen atmosphere
to/ 30 la 40 minutes witJwxit impairment However.
in a fire emergency, the oxygen level may be re-
duced below safo loveis, and the cornbusUon
products formed by Ihe fire are likely to cause
harm. T I m$, Che Agency does not contemplate
personnel remaining to the space after system
discharge during a lire wiitwMjl Scl! ContaJned
Breathing Apparatus (SCBA) as requifed by
OSHA
See atlditKihal comments 1,2
Additional Comments:
I—Must conform wilh OSHA 29 CFR 1910 Subparl L Seclion 1910.160 of the U S Code
2—Pef OSHA Eequirennefils, prolectiive gear {SCBA) musl te available in Ihe event personnel must reenler the area.
3—Discharge laslmg shot^d be strictly limited only to thai which is essential to meet safety or performance requirements.
4—The agent should bo recovered !rom Ihe tire protection system in conjunction with testing or servicing, and recycled for later use or destroyed,
FIRE SUPPRESSION AND EXPLOSION PROTECTION TOTAL FLOODiNG AGENTS
Substitutes Acceptable Sub)ecl to Narrowed Use limits
End-use
Substitule
Decision
Conditions
Comments
Haion 1301 Toial Flooding
Agenls-
Acceptable
where other
alternatives
are not tech
njcatiy fea-
sible due lo
performance
of salety re-
quirements:.
Until OSHA esiablishes applicable workplace require-
ments;
For occupied areas Irom which personnel cannot bo
evacuated ?n one rranyle, use is permitted only up
lo concenira)ian$ not exceeding Ihe cardiotoxicity
NOAEL of 40%.
The comparative design conceniratiOfi based on cup
burner values is approximately 66%.
Users must observe Ihe limitations on PFC approval
by undertaking the following measures:
(i) Conduct an evaluation ot foreseeabld conditions of
end use;
{») Determine that human exposure to Ihe other alter-
native extinguishing agents may approach or result
In cardtosensfli/aNofi or other unacceptable loniciiy
effects under norm^ operating conditions; and
o
O
3
o
a
—.
o
-------
a Due lo •»»
phys»eai or
chemical
properties, or
b Where human
exposure to
the extin-
guishing
agents may
approach
Mion levels or
result In other
unacceptable
health effects
under normal
operating con-
ditions..
Al
At
DC
Although no I OAfcl has been mjMthed lot Hns
product, standard OSMA retuflremefiis apply, I e tor
occupied areas tram *ncii persmmet tan fee evac*
ualed or egress can occur between 36 and &0 sec-
ond, use Is pe*wif!ted up to a concartfralton no) ex-
ewertng «w LOAiL.
All personnel must be evacuated betore conc«nt(»lion
ol C^Fm exceeds 40%.
Design concentration must result m oxygm lovuh. «l
ai least ie%
thai ttit ptiyiiciii er cJ*e*»teal praptrttt*
or &Hwr tscnrtiG^I cvn&tritnl$ ol tl*« ott
•gonlt |iri'i IM I.. lh«lr u-,n
DooimmilAilon of guch mtisu*@s muit
k»f rtvit w upon r«sjut -it
Tin prfnuptH «nv«oniuaiW dMradertMe ol concern
tor PFC* is MM tlwy ii.ivo hicjti QWPi and tong *t-
ttlttjnt«f Actual eonlnbuH&nf to
nn^nfj depend upon t
For niiiiiii.iiMi yi.nliiritii rtgtrding applic4Uara In
whidi PF Cs may be sppmpnate, u§er§ ihould con«
iutt (he rte^cnptton ol polenttal usts which ts tev
dutl^J In tltt pregnibto lo tin® ri^inAlting
Sm addilioiul cornmurito t , 2, 3, 1
Ad&tttonal Coftmt&tits
I—Mutl eorrform with QSHA29 CFH 1910 Subpan L Seclion 1910 160ol (he US Code
Z—Per OSHA ra<)uir«m«nt>, prolectivo gear (SCBA) must be .ivailaUe in the uvcnt personnel must recnter lh» are*
3~Dt$endnj0 Iqsluig should be strictly limited only to lhat whtcfi is essential lo meet salery or portonmarce requir@mefMs
4«Th® »§enl should be recovered trom the tiie prole0ion system in conjunction with tesWrsg or servicing, arid recycled lor laltr use or
CO
ro
or
T)
•a
>
-------
Pt. 82, Subpt, G, App. B
40 CFR Ch. I (7-1-97 Edition)
APPENDIX B TO SUBPART G—SUBSTITUTES SUBJECT TO USE RESTRICTIONS AND
UNACCEPTABLE SUBSTITUTES
REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS
Application
CFC-12 Automate
Mosor Vehicle Air
Conditioning (Ret-
fOhi and New
EqutpffienuNIKSK
Substitute
HFC~134a. R-
401C, HCFC
Biera) Beta.
Dedsion
Acceptable
Conditions
— -must be used with unique
fittings.
— mu$j be used with de-
tailed I a Del s
—ail CFO12 must oe re-
moved from ffie system
prior !o reifohfftng.
Refer to the text (or a full
descnpdon.
Comments
EPA is concerned that the existence
of several substitutes in this end-
use may increase me likeiihooa of
significant refrigerant cross-contami-
nation and potential failure of both
air conoitiontng systems and recov-
ery/fecyc!fng equipment.
For the purposes of this rule, no dts-
Unction is made beiween "retrofit"
and- "drop-in" re*ngerants; retro-
fitting a car to use a new refrigerant
sndudes all procedures that result tn
the air conditioning system using a
new refrigerant.
REFRIGERANTS—ACCEPTABLE SUBJECT TO NARROWED USE LIMITS
End-use
CFC-11. CFC-12.
CFC-113. CFG-
114. CFC-11S Non-
Mechanical Heat
Transfer, New.
Substitute
C*F,*O. and
Decision
Acceptable only where no other
alternatives are technically
feasible due to safety or per-
formance fequirements.
Comments
Users must ooserve the timuattons on PFC
acceptability by deiermining that ?he
physical or chemical properties or other
techmcaj constraints o! the other avsui-
aole agents preclude their use. Docu-
mentation ol such measures must be
available tor review upon request.
The principal environmental charactenstic
of concern lor PFCs is that they have
high GWPs ana long atmosphenc itfe-
times. EPA strongly recommends recov-
ery and recycling ot these suissiitutes-
REFRIGERANTS—UNACCEPTABLE SUBSTITUTES
Ena-use
CFC-11 CFC-12 CFC-113
CFC-114, R-5OO Ceninlugal
Chfflefs (RelroW and New
Equisrnent/NiKS).
CFC-12 Pcciorocatrng Chillers
(Retrofit ana Me* Equipment/
NlKsl.
CFC-11 CFC-12 R-502 Indus-
tnaJ Process Refngeration (Ret-
rofit and New £qui0ment/NSKs),
CFO-12 R-502 ice Skating
Rinks (Retrotit ana New Equip-
mentfNIKs).
Subslityte
R_«05A
HydrocartKin Bterul 8
R-iOSA
Hydrocaroon Blend 8
R-403B
R-405A
R-40SA *"
HydrocarDon Blend B
Deoston
Unacceptable ,.-.,....„
Unacceptauie
l i*vnx;**pw>fc*
Unacceptable
Comments
R— 405A contains R-C318 a PFC which
has an extremely hagh GWP and IHebme.
Other substitutes exist wnicn do not con-
tain PFCs.
have not been suornttted to demonstrate
it can be used safely in Ms end-use.
R-405A contains R-c318. a PFC. which
has an extremely high GWP and iitetime.
Other substitutes exist wnicn do not con-
tain PFCs.
have not been submitted to demonstrate
rt can be used safely in this end-use.
R-4038 contains R-21 8. a PFC, which has
an extremely high GWP and lifetime.
Olher substitutes exist wnicn oo not eon-
tan PFCs.
R-405A conlams B-C318, a PFC, which
has an extremely high GWP and lifetime.
Other substitutes exist which do not con-
tain PFCs.
has an extremely nigh GWP and lifetime.
Other substitutes exist which do not con-
tain PFCs.
FlammaDility is a serious concern. Data
rtava not been submittea to demonstrate
it can Be used safely in Ms enoxise.
474
-------
-------
PL 82, Subpt G, App, B 40 CFR Ch. I (7-1-97 Edition)
REFRIGERANTS—UWCCCPTABLE SUBSTITUTES—ContinuecJ
End-use
Decision
UnaeceoSBIe .
CFC-t2. B-5O5 B*«w»al
0*ft»n«J*»n (Reeoit »ns
R—USA
R-4CKA conrami A-c3tS a PFC.
has an cownMf tagh G A*3 ml Jies-r.e
Ot"*' lutttMiAO «oi vfucn do rut ow-
t«n PFCt.
Ftem^lMily ^ a s»nou$ csncem, o^a
have not IM«I fuomn&j 12 eem»tts^
I can M uwa salt** n T. s ena-use.
a ff
Ovw suBsalyits mat wncn oa nci ssxt-
CHlPFC*.
a t*wus
cart
CFG-12 Motor VfKot AM Cono- | R—*DS* -
; Un*eee»«aBt* -
Blend 0 J Unaceeeaete ,
j
i
Flammatfa 5uo~
I
R-c3i8. i PFC.
Urns an ««!i«ne«» Bpyi GWP ano MC«M.
CUMMMW WOH WBi* OO «K>I COfl-
coiK«rrL Daia
to
't can M useo sattiy in t» eno-use.
l^ nsus associated ww ysmg
suMMiMs n tots eno use nave nm &sen
aos'esseo try a ntk assessment.
476
-------
SOLVENT CLEANING SECTOR—ACCEPTABLE SUBJECT TO USE CONDITIONS SUBSTITUTES
Application
Electronics Ctoanlng w/
Crc-113, MCF.
Precision Cleaning mtCfC-
111, MCF,
Substitute
HCFC-Z2S ca/Ot ...
HCFC-22S e*W> ,
Decision
Act«p«aW« .
Subject to DID company set exposure
limit of 25 ppm o! Mw -ea Isomer.
to ihe company sol eipo
mB ot 25 pptii ol Urn -e» ttomer.
HCFC-HS eufcb Meml Is olferad as * 45%-ca/55%-eb
Wcnil The company sol n»[«wipru limn ol Bio en
tsomm li ?5 ppin ilia company tel eiposure lifnil
al »«. (I) lioioet Is tSO W"" II a ttw Agancy1!
opnon tut wild the tow e•(., ?'.".> c.i bomar can bo
mvl tn@ company ts subiwlling further «x|>psut«
monrtormg data.
IC^C-^^ft cafcb ttena Is oWemd n » <5%-caffi5%-co
ll>o company (at aiposui* Umil ol the ca
Is as ppm Tin company Ml eiposwe NmM
0* Hie -eh isonwf Is 2SQ ppm II it ttw Agoncy'i
eciutpmont tfvsigi^l for !Ms us@,
Ilio ,"j ppm tail ol Ihe Hi,K. .'.'h ca r.omor can b«
mci The company is tubfflilllng Iwlher aiposuta
O
e.
ID
(0
O
00
N)
I/I
T3
T3
-------
PL 82. SubpL G, App. B 40 CFR Ch, I (7-1-97 Edition)
SOLVENT CLEANING SECTOR—UNACCEPTABLE SUBSTITUTES
Ems use
ye-iats c*aA;nq * CFC-' 1 3
MetaHs cM&iniflg w/MCF
113.
113.
SvOsnr.'e
D*O5^cn
U^acTff&iin&fp
Unacceota&fe . .— ,
Unacceofafciie ...»..,„.„,.„ „ ,
GOffiWCTHS
Hbgn OOP- odw amemat^s
*JUSt
exist,
Migft OOP* other aHematrves
exist.
OtlSl
exist.
M^gf! OOP1 other aSematEves
•utl
FlH£ SUPPRESSION AND EXPLOSION PROTECTION—ACCEPTABLE SUBJECT TO USE CONDITIONS:
TOTAL FLOODING AGENTS
O«fsson
Comments
Halon 1301
TotaJ Flooding,
Agents.
C,F. ,.
Aeeeptaate
where other
alternatives
are not tech-
nically fea-
sible due to
performance
®t salary re-
auiremems:.
a due to tfsee
esiysea or
cnemcal
preesef&es, sf-
' B wnere
human expo-
sure ID f?*e
e«Boguisr»9
agents may
approach
caratosensiti-
saflon levels
or result in
other unac-
ceptable
health effects
under normal
ooeraftng
cannons.
j
CF,I
Gelled
Haiocareor.-
DryChemcml
Suspension.
Acceptable in
nomially un-
occupied
areas.
Aozectaaain
rwmia% un-
oeowea
areas.
Umit OSHA estat*st»s «oe*"
caoie workplace require-
ments:.
For occupied areas trom
which personnel cannot Be
evacuated m one mtnuie,
use is permitted only up to
coneentfauons not enceed-
tng me camioto'toty
The a>mp»»atrv» «s»gn concentmtion
based on cup burner values is ap-
proximately 6.8%.
Users must observe me limitations on
PFC acceotaBility By making reason-
able eftorts to undertake the Following
measures:
{>) conduct an evaluation ol foreseeao e
conidmoi^s of tnd use:
NOAEL ol 30**.. 1 (ii) detemww nil human eioosum so
W*C4*5h no LOAEL has Dew | tfie oew at*ma'Bve e*tsngyss?wig
esJac«5*ed to? tfw product. 1 agents may aoproach or resist ^
Mawara OSMA «Kju«re* ^ ca«*0s*ftsitoai!Cfi OF 0s?w unaco^s-
m«ms as^sty. «.e. fef accw- afe% loiiofy effects under normal sp=
xa areas trom wncn p«f- etaeng osno*ons: ana
ss?^ei can oe evaewaieo or i C^ detefffi^e ftat tne physical o?
egress can occur eetmn
30 and 60 s@coixis. use is
pemimed up to a con-
centration not exceeomg
the LOAEL
All personnel must be evacu-
ated before concentration
ol CtF. exceeds 30%.
Design concentration must re-
sun m oxygen levels ot at
MM 16*.
EPA requires tia! any em-
ployee who cools ootsiOly
be m the area must &e sole
to escape within 30 sec-
onds. The employer shall
assure that no unprotected
employees enter th« area
aunng agent discharge.
EPA requires that any «m-
.plovee who coulfl possi&iy
Be mme area must Ca al.e
» escaue wtwi 30 sec-
anas. The emtMoycr snal
assure fiat no unpmtectea
*^a^M*Sftan^**
chemical properties or o^er ^cfwical
constraints ol me omer avauac-c
agents anjaude nwir use:
Documentation ot such measures must
be availaD^e lor review upon request.
The principal environmental oiaractens-
tic ot concern lor PFCs is that they
have high GWPs and tong atmos-
pheric Mettmes. Actual contributions
to glooal warming depend upon the
quantises ol PfCs emitted.
For additional guidance reganm^ abdi-
cations *t wncft PFCs may oe aec«t>
cfiate. use^ stouid consult ^€ 00-
scnpson ol pownai uses wneh a m-
duoeo *> m» **aren is. 199* Rule-
mafcB^ (59 ffl 13043J.
See »OtSi«jnal eonanents 1 . 2. 3, *.
Manufacturer has not asphed for fating
tor use n normally occupied areas.
Prekminary carotosensitization aata
indicates mat mis agent would not De
suitable lor use in normally occupied
areas.
EPA is awaiting results of OOP calcula-
tions.
See additional comments 1. 2, 3, 4.
The manufacturers SNAP apBfcatton
requested toang tor use K unooca-
pied areas snly.
See aaoTbanai eotwnent 2.
478
-------
Environmental Protection Agency
Pt. 82, Subpt. G, App. B
FIRE SUPPRESSION AND EXPLOSION PROTECTION—ACCEPTABLE SUBJECT TO USE CONDITIONS:
TOTAL FLOODING AGENTS—Continued
Aooiicancn
SuOstmjle
inert Ga&P9*~
aena A*K»-
ttt B»nd-
Deosion
Aeee$ji2&ie as
aHaton 1301
suss»ui» «
norraafy yrv
occyp^ed
areas.
Conations
?fi areas where personnel
Comments
Th» mamJsssjiWs SNAP aeixealion
could oossoty tie pnMtm. requested listing tor us* « unoccu-
is « » cargo area, EPA re- | pwa areas only.
Ouwvs tfsai ths emptover
Wai en»wea we-ots-
&wuge *m0ovffi« oiym ca-
psule Discing oercewea
K»W atmem tgMor
Sc« affi^onai cwnreert 2.
noo* levels tor wertmg en>- |
pioyees Before system ats~
cnwg*. The nre-OiS5ft»»t*
alarm shaft provtoe em^oy*
ees ome 10 safety «m tie
docharft area onor to svs
lem discharge.
Aaamorai Comments
t_Musl contorm wlh OSHA 29 CFR 1910 SuBpan L Section 1910.160 ol ths U.S. Code.
2—Per OSHA requirement orolecuve gear ISCBAI must M available in the event personnel must enier/reenler Ifw area.
3—discharge testing should tie stnclty limited only to Iftat wruc^i Is essential to meet saiety or performance requirements.
4~-The agent should be recovered from the ftre protection system in coniunc&on witn tesong or servicing, and recycled for
ater use or destroyed.
FIRE SUPPRESSION AND EXPLOSION PROTECTION—ACCEPTABLE SUBJECT TO NARROWED USE
LIMITS: TOTAL FLOODING AGENTS
Comssofts
Acce&aoe
iema*v*t *r*
not tecswcaiy
feasjot* out to
Untt OSHA esastanes ao-
satefy
ments:.
a. due to their
physical or
chemical prop-
erties, or.
b. where human
exposure 10
tfie extinguish-
ing agents may
approach
caro»sens>tii«-
BonleveJs or
result EH other
unaccatttM*
hearth effects
ui^Jer rsormas
when personnel cannot M
evacuated in one mmyte.
use ts penwtteo only up to
eo*>ce«irasons not exceed-
ing the cardntanctty
NOAEl ol 30%.
Although no LDAEL has
been established tor tfus
product, standard OSHA
requirements apply, i.e. For
occupied areas Irom which
personnel can oe evacu-
ated or egress can occur
Between 30 ana 60 sec-
onds, use is permneo uo
10 a concsf&Tataft not ex-
ewang the LOAEL
evacw
Dcsign concerwaKm must
r«u» M oiygen teiett d
at Mas 16%.
cor^efitrm»o«i
« ap-
Tne oBBwraave i
based on 020 i
pramiMMy 4.8%.
Users rn^sl observe tie f
PFC aecet«ai»By By mateng reason-
able eftens «o unoeitane tw toaow-
irtg measures:
(i) conduct an evaluation ol feresee-
aote condrttons of end use;
mi determine mat human exposure to
the other alternative extinguishing
agents may approach or result in
caroiosensiiuation or other unac-
ceptable toncity ertects unoer nor-
mal operating conditions: and
(lii) determine thai the physical or
chemical properties or other tech-
nical constrains ol th.j other avail-
able agents trecu.ae r«ir use:
Documentation of such rreasi-res must
be avsActe lor review upon request.
Tne pf^t&QS! firw^o^wtej^ta^ char*
ac^f^^c c^ concvfn tor P^Os 19 ^iat
i^ey have nigri GWPs ar%3 long ai-
mospnenc Hetoie*. Aoual comu-
sons to global wvmng (Mfjendmin
tie Quantities of P-Cs trMBO.
For adarfeonsi guidance refKong 8»-
plicaBons n wf«ch PFCs may be ai>
pioi>riaie, users should consult She
Description ol sotentml uses nvrucn a
inauaea in Vie March IB. 1994 Final
RulemaJung (58 FR 13043).
479
-------
Pt 82, Subpt G, App. C
40 CFR Ch. I (7-1-97 Edition)
F«E SUPPRESSION AND EXPLOSION PROTECTION—ACCEPTABLE SUBJECT TO NARROWED USE
UMITS: TOTAL FLOODING AGENTS—Continued
Aopiicatton
Subtttuie
SuHwlwra-fluo-
nae (SF.i.
Decision
AcceotaoBe as a
discharge test
aoent m mili-
tary uses ana
in awiian a:r-
cratt wses ixiiy.
Conffittons
Comments
greater tnan 1,000 yean, wth an es*
timatea 100-yoar. 500-year, ana
1.000-year GWP o« 16.100. 26.110
and 32,803 rosoccnvely Us«rs
snouW limit testing only to that wnicn
is essential to meet safety or per-
formance requirements.
This agent is only used 10 test new
HaJon 1301 systems
FIRE SUPPRESSION AND EXPLOSION PROTECTION—UNACCEPTABLE SUBSTITUTES
A«jicat«n
Hafon 1301 Total
Suosayte
HFC-32
Oeostan
""***"*»* ^
Comments
Data intricate Mat HFC-32 m flair.rraiue and Ovmlem
ES not suitat^e as a haton sut39i%j%.
i&OFR 31103. Jyrte IJ. 19951
APPENDIX C TO SUBPART G—SUB-
STITUTES SUBJECT TO USE RESTRIC-
TIONS AND UNACCEPTABLE SUB-
STITUTES LISTED EM TOE MAY 22. 1996
FINAL RULE, EFFECTIVE JUNE 21, 1996
REFRIGERATION AMD AIR CONDITIONING SEC-
TOR—ACCEPTABLE SUBJECT TO USE CONDI-
TIONS
HCFC Blend Delta and Blend Zeta are ac-
ceptable subject to Che following conditions
when used to retrofit a CFC-12 motor vehicle
air conditioning system:
1. Each refrigerant may only be used with
a set of fittings that is unique to that refrig-
erant. These fittings (male or female, as ap-
propriate) must be used with all containers
of the refrigerant, on can taps, on recovery.
recycling, and charging equipment, and on
all air conditioning system service ports
These fittings must tie designed to mechani-
cally prevent cross-charging with another re-
frigerant. A refrigerant may only be used
with the fittings and can taps specifically in-
tended for that refrigerant. Using an adapter
or deliberately modifying a fitting to use a
different refrigerant will be a violation of
this use condition. In addition, fittings shall
meet the following criteria, derived from So-
ciety of Automotive Engineers (SAEI stand-
ards and recommended practices:
a. When existing CFC-12 service ports are
to be retrofitted, conversion assemblies shall
attach to the CFC-12 fitting with a thread
lock adhesive and/or a separate mechanical
latching mechanism in a manner that per-
manently prevents the assembly from being
removed.
b. Ail conversion assemblies and new serv-
ice ports must satisfy the vibration testing
requirements of sections 3.2.1 or 3.2.2 of SAE
J1860. as applicable, excluding references to
SAE JS39 and SAE J2064. which are specific
w HFC-l34a.
c. In order to prevent discharge of refrig-
erant to the atmosphere, systems shall have
a device to limit compressor operation be-
fore the pressure relief device will vent re-
frigerant. This requirement is waived for
systems that do not feature such a pressure
relief device.
d. All CFC-12 service ports not retrofitted
with conversion assemblies shall be rendered
permanently incompatible for use with CFC-
12 related service equipment by fitting with
a device attached with a thread lock adhe-
sive and/or a separate mechanical latching
mechanism in a manner that prevents the
device from being removed.
2. When a retrofit is performed, a label
must be used as follows:
a. The person conducting the retrofit must
apply a label to the air conditioning system
in the engine compartment that contains the
following information:
i. The name and address of the technician
and the company performing the retrofit.
ii. The date of the retrofit.
iii. The trade name, charge amount, and.
when applicable, the ASHRAE refrigerant
numerical designation of the refrigerant.
iv. The type, manufacturer, and amount of
lubricant used.
v. If the refrigerant is or contains an
ozone-depleting substance, the phras* "ozone
depleter."
vi. If the refrigerant displays fiammability
limits as measured according to ASTM E681.
the statement "This refrigerant is FLAM-
MABLE. Take appropriate precautions."
480
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Environmental Protection Agency
b. This label must be large enough to be
easily read and must be permanent.
c. The background color must be unique to
the refrigerant,
d. The label must be affixed to the system
over information related to the previous re-
frigerant, in a location not normally re-
placed during vehicle repair.
Pt. 82, Subpt. G, App. C
e. Information on the previous refrigerant
that cannot be covered by the new label
must be permanently rendered unreadable.
3. No substitute refrigerant may be used to
"top-ofT" a system that uses another refrig-
erant. The original refrigerant must be re-
covered in accordance with regulations is-
sued under section 609 of the CAA prior to
charging with a substitute.
SOLVENT CLEANING SECTOB—PROPOSED ACCEPTABLE SUBJECT TO Use CONDITIONS SUBSTITUTES
Aoplie»on I Sussnjis
Meats Q*«n«g
w*^t O-O*1 13..
MC!=««JrCFC~
1*16.
Seawncs Ctean-
«f wiCFC-113.
MCF ana MCFC-
1416.
Precision Qeanmg
*/ CI-G-t 13.
MCF ana HCFC-
uid.
M«sefW«)toty*o-
es and
ttuaauauenats.
Monocntorraotoen-
es and
beroasifeo'sdes-
Manochtorotoiuen-
esano
beniomHuonoes.
Deas^m
Cond^ons
Aeceosante — j Sutxea is * SO Bern *w*eiaee
AcceotaMe .
Aecewase ._.
starasarQ lor
monocMwnaiuenea ana a K
Sroiuonaiir'8
Syoiecs to a 50 pom worfcpface
stanoara tor
monoc«ofO*elu«rtes and a 2S
ptsm staraare lor
bannXRiuond*!.
Sulked to a 50 pprri won^aca
sianoard lor
monocWorototuenet and a 25
ppm staridarQ tor
Ceniomliuonoes
Conmm
The «or»j*»ee «»noaitj for
ffuf^ocfuoixsto^iefws cs oase^
on an OSHA PEL o« 50 tSJra
•.onuxac* sianoara tot
B«nffle*uorKies B oases on
The wmaiaca stanoam tor
monocntoroioiuefles a sasfO
on an OSHA PEL of SO ppm
lor o-trvocnlo'-etctuene The
oorkpiace stanoara (or
befuotrtfiuoinaes a based on
a recent Ideology study.
The worxoia^e s(anaa-o tor
rnonocnlorotoluenes is based
on an OSHA PEL of 50 ppm
tor orthocntOfOKXuene. The
workplace standard tor
benzotnfkjondes is based on
a recent toxteoiogy stuoy
FIRE SUPPRESSION AND EXPLOSION PROTECTION—ACCEPTABLE SUBJECT TO USE CONDITIONS:
TOTAL FLOODING AGENTS
Application
Substitute
Decision
Conations
Comments
Malon 1301
iG-55 (tormeny
[inert Gas Blend}
B).
Acceptable
Total Flooding
Agents.
Until OSHA establishes applica-
ble workplace reourements:
IG-55 systems may be de-
signed to an oxygen level of
10% il employees can egress
the area wrthm one minute,
But may Be oesignea only to
the 12% oxygen level if il
takes longer man one minute
to egress the area.
if the ocsuotliry (jugK i0r f,a
oxygen to aroo below 10%,
employees mutt be evaeu-
aiea prior to such oxygen ae-
pieton
ttan 10% nay onty be USM
n nermMy imxtMMKI ams,
as long as any employe* mho
€3£} egress wiymi 30 seconoft.
The Agency does not con-
template personnel remaining
in fte space after system dis-
charge dunng a 5re without
Self Contained Breathing Ap-
paratus (SCBA) as required
by OSHA.
EPA does not encourage any
employee to intentionally re-
main in tn* area after system
discharge, even n the event
of acooemal ascnarge. in
aadmon. the system must m-
ciuOe aiarres ana warning
mecninisms as specifies py
OSHA.
Se« aoaaonai conmens i. 2.
481
-------
PL 82, Subpt G, App. C
40 CFR Ch. I (7-1-97 Edition)
F«E SUPPRESSION AND EXPLOSION PROTECTION—ACCEPTABLE SUBJECT TO USE CQNWTIGNS:
TOTAL FLOODING AGENTS—Continued
Aoekcaaon
SutKotise
Deosum
Cenowora
Comments
iS-Oi
t Gas Bieno]
untt QSHA tsneittft** aeesea-
Tbe
in Sm seaec afler s, ster- 3, s-
a Ike MMM
pcaius (SC8A; is
By OSHA
systems may oe d«- I
to ars o*ygen lev* of j
iWi * empe^wt e*n egress i
but mat? 8* oesgneo w% to j
*• i?""« offgen mut 4 it j
takes to.-'^fr tun en* minutt j
to egress tr* we*. j
*f the possiWsfy exists tor fte EPA does not encourage an?
» fln» Below 10%. e«io*oyee » menaonaiy re-
^st &e 6¥aui^ ma^n in tf*e area atte? system
a»eO oner Decision
CFC-113. MCFana
MCFC-1410 as
jotveni.
Monocrtoratoluen-
es and
Qen2otn^uo-rides.
Accepiaele
Condttiorts
Subject to a 50 ppm wortipiac«
standard lor
monochlorotoJyenes and a 25
ppm stanoard lor
neruomtiuonaos
Cownents
The workplace standard for
monocrttorotoftuenes is Dased
on an OSHA PEL of 50 ppm
tor ortnocniorcloiuene. The
woAplace sianaard lor
centotnfluorides is Based on
a recent loxcotogy styoy.
ADHESWES, COATINGS AND INKS—PROPOSED ACCEPTABLE SUBJECT TO USE CONDITIONS
SUBSTITUTES
Appftcason : Su&SMi/te i Dsosion
CFC-II3, MCF arsd 1 ManoeNontoluen- AcceptaDle
HCfC-1410. es ana I
I ' i ""
( 1
i j
Conooons
5-Oiecl to a SO spm mrorkgnee
slanojra 'or
ppm stanoara tor
Comment
The wwttptace standara ler
monocnlo^^^eiies s &aseo
on an OSHA PEL of 50 ppra
woritptee* sianoaro tar
BemMrMuonoes is Baseo on
a recent tencoiosv nuay.
(51 FR 25592. May 22, 19961
482
-------
Environmental Protection Agency
Pt 82, Subpt. G, App. D
EFFECTIVE DATE NCTTE: At 61 FR 2S592. May 22, 1996, Appendix C to Part 82 Subpart G was
added This appendix contains information collection and recordkeeping requirements which
will not become effective until approval has been given by the Office of Management and
Budget.
APPENDIX D TO SUBPART G—SUB-
STITUTES SUBJECT TO USE RESTRIC-
TIONS AND UNACCEPTABLE SUB-
STITUTES
Summary of Decisions
Refrigeration and Air Conditioning
Sector Acceptable Subject to Use
Conditions
R-l06ArGHG"/"McCool". "GHG-HP",
"GHG-X4'T'AutQfrost"7"Chill-It". and "Hot
Shot'T'Kar Kool" are acceptable substitutes
for CFC-12 in retrofitted motor vehicle air
conditioning systems tMVACs) subject to the
use condition that a retrofit to these refrig-
erants must include replacing non-barrier
hoses with barrier hoses
For all refrigerants submitted for use in
motor vehicle air conditioning systems, sub-
sequent to the effective date of this FRM, in
addition to the information previously re-
quired in the March IS. 1994 final SNAP rule
{58 FR 13044). SNAP submissions must in-
clude specifications for the fittings similar
to those found in SAE J639. samples of all
fittings, and the detailed label described
below at the same time as the initial SNAP
submission, or the submission will be consid-
ered incomplete. Under section 612 of the
Clean Air Act. substitutes for which submis-
sions are incomplete may not be sold or
used, regardless of other acceptability deter-
minations, and the prohibition against sale
of a new refrigerant will not end until 90
days after EPA determines the submission is
complete.
In addition, the use of a) R-406A/"GHG"/
"McCool". 'CMC-HP". "GHG-X4/
"Autofrost'VChill-It". "Hot Shot VKar
Kool". and "FREEZE 12" as CFC-S2 sub-
stitutes in MVACs. and b) all refrigerants
submitted for. and listed in. subsequent No-
nces of Acceptability as substitutes for CFC-
12 in MVACs. must meet the following condi-
tions:
1. Each refrigerant may only be used
with a set of fittings that is unique to that
refrigerant. These fittings (male or female.
as appropriate) must be designed by the
manufacturer of the refrigerant- The manu-
facturer is responsible to ensure that the fit-
tings meet all of the requirements listed
below, including testing according to SAE
standards. These fittings must be designed to
mechanically prevent cross-charging with
another refrigerant, including CFC-12.
The fittings must be used on all containers
of the refrigerant, on can taps, on recovery.
recycling, and charging equipment, and on
all air conditioning system service ports. A
refrigerant may only be used with the fit-
tings and can taps specifically intended for
that refrigerant and designed by the manu-
facturer of the refrigerant. Using a refrig-
erant with a fitting designed by anyone else,
even if it is different from fittings used with
other refrigerants, is a violation of this use
condition. Using an adapter or deliberately
modifying a fitting to use a different refrig-
erant is a violation of this use condition.
Fittings shall meet the following criteria,
derived from Society of Automotive Engi-
neers (SAE} standards and recommended
practices:
a. When existing CFC-12 service ports are
retrofitted, conversion assemblies shall at-
tach to the CFC-12 fitting with a thread lock
adhesive and/or a separate mechanical latch-
ing mechanism in a manner that perma-
nently prevents the assembly from being re-
moved.
b. All conversion assemblies and new serv-
ice ports must satisfy the vibration testing
requirements of section 3.2.1 or 3.2.2 of SAE
J1660 as applicable, excluding references to
SAE J639 and SAE J2064. which are specific
to HFC-1343.
c. In order to prevent discharge of refrig-
erant to the atmosphere, systems shall have
a device to limit compressor operation be-
fore the pressure relief device will vent re-
frigerant.
d. All CFC-12 service ports not retrofitted
with conversion assemblies shall be rendered
permanently incompatible for use with CFC-
12 related service equipment by fitting with
a device attached with a thread lock adhe-
sive and/or a separate mechanical latching
mechanism in a manner that prevents the
device from being removed.
2. When a retrofit is performed a label
must be used as follows:
a. The person conducting the retrofit must
apply a label to the air conditioning system
in the engine compartment that contains the
following information:
i. The name and address of the technician
and the company performing the retrofit.
ii. The date of the retrofit.
Hi. The trade name, charge amount, and.
when applicable, the ASHRAE refrigerant
numerical designation of the refrigerant.
iv. The type, manufacturer, and amount of
lubricant used,
v. If the refrigerant is or contains an
ozone-depleting substance, the phrase "ozone
depleter".
vi. If the refrigerant displays flammability
limits as measured according to ASTM E68I.
483
-------
Pt 82, SubpL G, App. D 40 CFR Ch. I (7-1-97 Edition)
the statement "This refrigerant is FLAM- e. In accordance with SAE J639, testing of
MABLE. Take appropriate precautions," labels must meet ANSI/UL 9i9-1991,
b. The label inust be large enough to be f. Information on the previous refrigerant
easily read and must be permanent- that cannot be covered by the new label
e. The background color must be unique to must ^ re«J««d permanently unreadable.
the refrigwartt. '• ^° substitute refrigerant may be used to
d. The label must be affixed to the svstem "top-ofT" » system that uses another refrig-
ow information related to the previous re- era"hJ^e ""Sinai refrigerant must be re-
frigtrant. in a k>c«ion not mumallv re- e«^ped .ta accordant w,th regMiaaons is-
placed during vehicle repair. " «?•" under «cuo? W8 of thc CAA P"0r co
F B >""* charging with a substitute.
484
-------
SOLVENT CLEANING SECTOR
(Acceptable Subject to Use Conditions Substitutes)
Application
Electronics C loaning w/CFC-113 and
MCF.
Precision Cleaning w/CFC— It3 and
MCF.
Substitute
HFC-4310mee
MFC— 43tOmee
Decision
Acceptable
Conditions
Subject to a 2OQ ppm lime-weighted average workplace
exposure slandard and a 400 ppm workplace exposure
ceiling
Subject to a 200 ppm limq-weighled average workplace
exposure slandard anrl a 400 ppm workplace exposure
ceiling.
Comments
SOLVENT SECTOR
(Acceplable Subjecl to Narrowed Use Limits]
Application
Substitute
Decision
Comments
fl
O
n
o'
(D
O
Eleclronics Cleaning w/ CFC-113 and
MCF.
Precision Cleaning w/CFC-113 and MCF
Perfluoropotyelhers
Pcrfluoropolyethers
Perlluoropolyeihers are acceptable substitutes lor CFC-113
and MCF in the precision cleaning sector for high perform-
ance, precision engineered applications only where rea-
sonable efforts have been made to ascertain that other at-
temalives are not technically feasible due to performance
or salety requirements.
Perfluoropolyelhers are acceptable substitutes tor CFC-113
and MCF in (he precision cleaning seclor for high perform-
ance, precision engineered applications only where rea-
sonable efforts have been made to ascertain lhal other al-
ternatives are nol lechnically feas&fe due to performance
or saloty requtremonts.
PFPEs have similar gtobal warming pro-
file to lha PFCs, and lite SNAP deci-
sion on PFPEs parallels lha! lor
PFCs
PFPEs have similar global warming pro-
file la Iho PFCs, and the SNAP tied
skxi on PFPEs parallels lhal lor
PFCs.
Unacceptable Substitutes
End use
Substitute
Decision
Commenls
Eleclronics Cleaning w/ CFC-113 and MCF
Precision Cleaning w/ CFC-113 and MCF
HCFC-!41b
HCFC-l4tb
Extension of existing unacceptabiMy determination
lo grant existing uses £n high-performance elec-
Irodcs permission to continue until January 1,
»99?.
Extension ol existing urvacceptability determination
to grant existing uses in precision cleaning per-
mission lo continue until January 1, t997
This determination extends the use date tor
HCFC-l41b in solvent cleaning, but only for ex-
isting users in high-performance electronics and
only for one year.
TNs determination extends the use date lor
HCFC-14lb in solvent cleaning, bul onty lor ex-
isting users in precision cleaning and enly lor
one year.
CO
°
cr
"S
-o
•o
-------
AEROSOtS SiCTOR
Street to
CFC-119. MCF. »n*J HCFC-Ulb as
b§My1$i> tor ftertt'&ot appli
calkins only where roasonaWa eftots hav« (M***n rn^dn lo
ascedatn ihdi clhe* .jlliTFhii.vo-, ,11^ nal Irt^fm nily N'.v.ii-hf
due 10 pertofmsiico or sulely
cartwns are acceptable substitutes lor geroso! applt-
only where reasonable ellorts have be» tfH i^iuti fpfl&cia th€%«
-, urn) t'. p^llmncfJ «(HM tlm
cJui r-ion un I'M>, in iho
ve
in ihn I'l I.-,,
global wii
SNAP d'jui.i^n un
ttmt la* PFCi in tN
?
00
p
tJ
O
End- use
CFC-11, CFC-18, HCFC-22, end HCFC-HZb as aerosol pra
pcllanu '
Substilute
SF6
Docision
CoFmngnli
CWTapfOT s^tj y@^@s meet u&or n®mlt
well
fcsmjil o«s«» (Mid otter
in this np|ilic>ritto4t equally
o
O
O
s
o
-------
Environmental Protection Agency
[61 FR 54040, Oct. 16, 1996)
PART 85—CONTROL OF AIR POLLU-
TION FROM MOTOR VEHICLES
AND MOTOR VEHICLE ENGINES
Subparts A-E [Reserved]
Subpart F—Exemption of Aftermarket
Conversions From Tampering Prohibition
Sec,
85.501
85.502
85.503
85.504
85.505
General applicability.
Definitions.
Conditions of exemption.
Applicable standards.
Labeling.
Subparts G-N [Reserved]
Subpart O—Urban Bus Rebuild
Requirements
85.1401 General Applicability.
85.1402 Definitions.
85.1403 Particulate standard for pre-1994
model year urban buses effective at lime
of engine rebuild or engine replacement.
85.1404 Maintenance of records for urban
bus operators; submittal of information;
right of entry.
85.1405 Applicability.
85.1406 Certification.
84.140? Notification of intent to certify.
85.1408 Objections to certification.
85.1409 Warranty.
85.1410 Changes after certification.
85.141! Labeling requirements.
85.1412 Maintenance and submittal of
records for equipment certifiers.
85.1413 Decertification.
85.1414 Alternative test procedures.
85.1415 Treatment of confidential informa-
tion.
Subpart P—Importation of Motor Vehicles
and Motor Vehicle Engines
85.1501 Applicability.
85.1502 Definitions.
85.1503 General requirements for importa-
tion of nonconforming vehicles.
85.1504 Conditional admission.
85.1505 Final admission of certified vehicles.
85.1506 Inspection and testing of imported
motor vehicles and engines.
85.1507 Maintenance of certificate holder's
records.
85.1508 "In Use" inspections and recall re-
quirements.
85.1509 Final admission of modification and
test vehicles.
85.1510 Maintenance instructions, warran-
ties, emission labeling and fuel economy
requirements.
85.1511 Exemptions and exclusions.
Pt. 85
85.1512 Admission of catalyst and Oi sensor-
equipped vehicles.
85.1513 Prohibited acts: penalties.
85.1514 Treatment of confidential informa-
tion.
85.1515 Emission standards and test proce-
dures applicable to imported non-
conforming motor vehicles and motor ve-
hicle engines.
Subpart Q—Preemption of State Standards
and Waiver Procedures for Nonroad
Engines and Nonroad Vehicles
85.1601 Applicability.
85.1602 Definitions.
85.1603 Application of definitions; scope of
preemption.
85.1604 Procedures for California nonroad
authorization requests.
85.1605 Criteria for granting authorization.
85.1606 Adoption of California standards by
other states.
Subpart R—Exclusion and Exemption of
Motor Vehicles and Motor Vehicle Engines
85.1701
85.1702
85.1703
85.1704
85.1705
85.1706
85.1707
85.1708
85.1709
85.1710
85.1711
85.1712
tion
General applicability.
Definitions.
Application of section 216(2).
Who may request and exemption.
Testing exemption.
Pre-certification exerntion.
Display exemption.
National security exemption.
Export exemptions.
Granting of exemptions.
Submission of exemption requests.
Treatment of confidential informa-
Subpart S—Recall Regulations
85.1801 Definitions.
85.1802 Notice to manufacturer of non-con-
formity: submission of Remedial Plan.
85.1803 Remedial Plan.
85.1804 Approval of Plan: Implementation.
85.1805 Notification to vehicle or engine
owners.
85.1806 Records and reports.
85.1807 Public hearings.
85.1808 Treatment of confidential informa-
tion.
APPENDIX A TO SUBPART S—INTERPRETIVE
RULING FOR §85,1803—REMEDIAL PLANS
Subpart T—Emission Defect Reporting
Requirements
85.1901 Applicability.
85.1902 Definitions.
85.1903 Emissions defect information report.
85.1904 Voluntary emissions recall report:
quarterly reports,
85.1905 Alternative report formats.
85.1906 Report filing: Record retention.
487
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-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 1 •>:•"•'.'.•.•.'.'. 8/27/92
KEY WORDS hoses
purging
REFERENCES 608(c)(!)
QUESTION: When appliances are being filled with refrigerant, refrigerant escapes into the atmosphere when the hoses are
disconnected. Also, releases of refrigerant occur when hoses are purged of refrigerant or are connected or
disconnected for the purpose of servicing appliances. Are such releases subject to the section 608(c)(l) venting
prohibition?
RESPONSE: The actions described are releases of a class I or class I! substance used as a refrigerant in an appliance in the
course of maintaining, servicing, repairing, or disposing of the appliance. It seems clear, however, that releases
from hoses while performing the procedures in question would be both small and unavoidable. Therefore.
releases of refrigerant which result from connecting or disconnecting hoses associated with charging or filling
appliances, servicing appliances or purging the hoses will not be considered violations of Section 608(c)( I).
However. EPA has authority under Section 608(a) to establish requirements "that reduce the use and emission of
such [class I or class II] substances to the lowest achievable level." Part of these requirements may address these
leaks. Also. EPA is aware that low-loss finings exist which can minimize refrigerant loses while connecnna and
disconnecting hoses. EPA encourages, but does not now require, the use of these low-loss finings, though the use
of such finings may be mandated by regulation under authority of Section 608(a) at a later date.
RECORD NUMBER 2 8 2" 92
KEY WORDS leak detection
REFERENCES 6G8(c)(l)
QUESTION: Does the use of class I or class II substances as leak detection gases constitute a violation of Section 608(c)°
RESPONSE: Section 608(c) states that "it shall be unlawful for any person... to knowingly vent or otherwise knowingly release
or dispose of any class 1 or class II substance used as a refrigerant... in a manner which permits such substance 10
enter the environment." (Italics added.) The action described is a release of a class I or class II substance used as
a leak detection gas, not a release of a class I or class II substance used as a refrigerant. It is therefore not a
violation of Section 608(c) to knowingly release a class I or class II substance used for leak detection purposes
However. EPA also has authority under Section 608(a) to establish requirements "that reduce the use and
emission of such [class 1 and class II] substances to the lowest achievable level." These requirements may address
the use of class I and II substances as leak detection gases and may at a later date impose restrictions on their use.
In addition, EPA would like to encourage the use of alternative methods of performing leak checks which do not
involve the release of ozone depleting substances.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD .NUMBER
I 28'93
KEY WORDS
Saturn
pressure control
drier
permanent connector
capillary tube
REFERENCES 608(c)(I)
QUESTION: The Saturn 1 device, manufactured by Diversified industries. Incorporated, provides a permanent connection
between rwo sections of capillary tube while servicing refrigeration appliances. The two parts of the device are
placed over the ends of two sections of capillary tubing and are then joined together. This joining opens the
sealed ends of the capillary cubes and permanently connects the rwo, now opened, ends. At the time that the
connection is made, and before the Saturn I provides a seal, a certain amount of refrigerant escapes into the
atmosphere. The purpose of using such a device is to allow controls or driers to be replaced on refrigeration
appliances without first having to remove the refrigerant in the system.
Does the use of the Saturn I device constitute a violation of section 608(c)( 1 ^
RESPONSE: The use of the Saturn I allows refrigerant to escape into the environment when the rwo ends of the tubes are
connected. This release is a violation of the section 608(cKl) prohibition. However, if the Saturn I device is no!
used when controls or driers are replaced, then the refrigerant that is in the appliance being serviced must first be
recovered and the appliance must later be recharged. This emptying and refilling in itself allows refrigerant to
escape into the atmosphere because of the hoses which must be connected and disconnected during the process,
This loss has already been exempted from section 608(c)( 1) by applicability determination number I. Given the
fact that refrigerant losses from the connection and disconnection of hoses during service are not considered
violations of section 608(c)(l), the Agency has determined at this time that the use of the Saturn 1 device will not
be considered a violation of section 608(c)(l).
In making this determination, the Agency is relying on the information Diversified submitted. That information
suggests that losses from installing the Saturn I device are smaller than losses associated with the connecting and
disconnecting of hoses during the service of appliances. If the Agency subsequently learns that losses from
installing the Saturn I device are greater than losses associated with connecting and disconnecting hoses or that
the use of the device leads to an increase in leaks during normal usage, applicability determination number 1
would no longer be applicable to the use of the Saturn I device.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER
6/7/93
KEY WORDS
acid test
moisture test
REFERENCES 608(c}(!)
QUESTION: A device provides a method of testing the refrigerant in an air conditioning or cooling system for the presence of
acid or moisture. This device is attached to a unit's Schraeder fining and refrigerant is allowed to bleed through a
test rube containing chemical indicators. After ten minutes the device is removed from the unit and the indicators
are read to determine the acid and moisture content of the refrigerant. The amount of refrigerant which is released
into the atmosphere during the operation of the device is limited by a critical orifice and valve to one half ounce
or less.
Does the use of this device constitute a violation of the section 608(c)(l) prohibition on venting?
RESPONSE: Section 608(c)(l) of the Act states in pan. "Effective July I, 1992. it shall be unlawful for any person, in the
course of maintaining, servicing, repairing, or disposing of an appliance or industrial process refrigeration, to
knowingly vent or otherwise knowingly release or dispose of any class I or class II substance used as a refrigerant
in such appliance (or industrial process refrigeration) in a manner which permits such substance to enter the
environment." The use of this device allows refrigerant to escape into the environment when refrigerant bleeds
through the test rube. This release is a violation of the section 608(c)( i) prohibition.
However, if this device is not used to test the acid or moisture levels of refrigerant, then an oil sample must be
removed from the appliance for testing. This removal of the oil in itself allows refrigerant to escape into the
atmosphere because the refrigerant which is entrained in the oil sample escapes. Also, the removal of the oil
necessitates the opening of the appliance, which also results in the release of refrigerant. These releases are likely
to be at least as large as the release associated with the use of this device. Therefore, the Agency has determined
at this time that the use of this or similar devices will not be considered a violation of section 608(c){ 1)
However, if the Agency subsequently learns that losses from using this device are greater than losses associated
with withdrawing an oil sample, this determination will no longer apply.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER
6/9/93
KEY WORDS
appliance
refrigerant
electrical transformer
REFERENCES CAA 601(1)
S2.15«b)
QUESTION: Certain electrical transformers contain CFC-113 which is used as a dielectric fluid and a coolant. Do the
regulations implementing section 608 apply to these transformers?
RESPONSE: Section 82.150(b) of the regulation states that the regulation "applies to any person servicing, maintaining, or
repairing appliances...," The term "appliance" is defined in section 601(1) of the Act as "any device which
contains and uses a class I or class II substance as a refrigerant and which is used for household or commercial
purposes, including any air conditioner, refrigerator, chiller, or freezer."
It is EPA's determination thai electrical transformers are appliances as defined in section 601. The CFC-113
contained in the transformer does serve as a refrigerant in that it acts to transport heat out of the transformer. Th
fact that the transport of heat is accomplished without the use of compressors or expansion valves does not alter
the roie of the CFC-113 which acts as a coolant,
Given this determination, the requirements imposed by the section 60K regulations apply to the maintenance.
service, repair and disposal of electrical transformers which contain controlled substances.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
620SJ
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 6
KEY WORDS oil sample
REFERENCES CAA608(c)(I)
82.154(a)
QUESTION: The U.S. Navy E-2C Hawkeye aircraft use refrigeration equipment for electronics cooling. The refriserant used
in me equipment is dichioroietratluoroeihane (CFC-114), with a 1.5 percent charge of suspended oil for
compressor lubrication. In order to ensure that a proper charge of oil is maintained, a 100 milliliter sample of the
CFC-114 is drawn from each aircraft every 400 flight hours (approximately every 7 months I. The CFC-114 is
allowed to evaporate and the residual oil is measured. Do the regulations mandate the recovery of the CFC-114"7
RESPONSE: It is EPA's determination that withdrawing the CFC-114 and allowing it to evaporate into the atmosphere
constitutes a violation both of section 608(c)(l) of the Act and of section 82.!54(a) of the regulations. Section
608(cXI) of the Act states. "Effective July I, 1992. it shall be unlawful for any person, in the course of
maintaining, servicing, repairing, or disposing of an appliance or industrial process refrigeration, to knowingly
vent or otherwise knowingly release or dispose of any class I or class 11 substance used as a refrigerant in such
appliance ... in a manner which permits such substance to enter the environment." The action described does
result in the release of a class 1 substance in the course of servicing a refrigeration appliance, and is therefore a
violation of both the statute and the regulation.
However, the regulations only mandate the recovery of class 1 and class II substances when opening appliances.
Therefore, while this release is prohibited, the regulations do not require the use of certified recovery equipment
in order to prevent the release.
SUPERSEDED BY DETERMINATION NUMBER 25
RECORD NUMBER 7
KEY WORDS disposal
contract verification
8 '6,9 3
REFERENCES 82.156(0
QUESTION: According to section 82.156{f), persons who take the final step in the disposal process must verify that the
refrigerant has been removed from the appliances previously. This verification must include a signed statement
which gives the name and address of the person who recovered the refrigerant or a contract that refrigerant will be
removed prior to delivery of the appliances. Must this contract also include the name and address of the person
who performs the recovery?
RESPONSE: The answer to this question is no. Section 82.156(0(2) requires that a signed statement be obtained from the
supplier of the appliances which must contain either (1) the name and address of the person who recovered the
refrigerant or (2) a contract that the refrigerant will be removed prior to delivery. In the case of option (2) the
statement need not contain the name and address of the person who recovered the refrigerant.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 8
8/6/93
KEY WORDS
disposal
leaked out
refrigeration component
REFERENCES 82.156X0
QUESTION: There are instances in which a scrap processor receives appliances and cannot possibly know the name and
address of the person who has previously removed or vented the refrigerant. Two such instances are < 1) there is
no such person because all of the refrigerant has already leaked out, for example, due to a break in the system
seal, coil, or compressor, and (2) where the refrigeration unit has been removed from the appliance prior to
delivery of the appliance for recycling. How do disposers comply with the verification requirements of section
82.156(f) in these cases?
RESPONSE: In answer to the first point, section 82.156(0(2) requires that a signed statement be obtained from the supplier of
the appliances stating that "all refrigerant that had not leaked previously has been recovered" in accordance with
the regulations. If all the refrigerant has leaked out. the signed statement need not contain the name and address
of the person who performed the recovery as no such person exists. The signed statement must, however, dearh
state that all the refrigerant in the appliance had already leaked out.
In answer to the second point, the regulations require the recovery of refrigerant prior to disposal of refrigeration
appliances. The term "appliance" is defined in section 82.152(a) as "any device which contains and uses a class 1
or class II substance as a refrigerant...." If such appliances contain several different components, and the
component responsible for the refrigeration can be isolated and removed from the rest of the appliance, then the
remaining parts are no longer subject to the requirements of the regulation in that they no longer contain a class I
or class II substance used as a refrigerant. Therefore, in the case where the refrigeration component of a multi-
component appliance has been removed, the scrap processors may accept the remaining components for disposal
without also requiring a signed statement from the supplier. Please note, however, that all the requirements of the
regulation continue to apply to the refrigeration component of the appliance which has been isolated and removed.
as this component continues to meet the definition of "appliance" in the regulation.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER
8/6/93
KEY WORDS
disposal
leaked out
lines cut
REFERENCES 82.156(0
QUESTION: Does "leaked out", as the term is used in section 82,156(0, include instances in which the line has been cu: prior
to the delivery of the appliance by the supplier to the scrap processor? For example, if an appliance is picked up
by a supplier as part of a curbside recycling program and the line has been cut, may the scrap processor accept the
appliance from the supplier along with a certification that all refrigerant has previously leaked out? Can the scrap
processor rely on that certification?
RESPONSE: "Leaked out" means those situations in which the refrigerant has escaped because of system failures, accidents, or
other unavoidable occurrences not caused by a person's deliberate acts or negligence. It is important to note that
the term "leaked out™ is not assumed by EPA to include those instances in which individuals have violated both
section 608(cX 1) of the Act and the requirements of the regulation by deliberately cutting refrigerant lines and
allowing refrigerant ro escape into the atmosphere.
in answer to the question as to whether a scrap processor may accept appliances whose lines have been cut, the
answer is yes. as long as the required signed statement from the supplier is obtained. If scrap processors believe
that the statement is false and that the refrigerant was deliberately vented into the atmosphere, EPA encourages
them to forward that information to the nearest EPA Regional office for investigation and appropriate
enforcement.
RECORD NUMBER
10
97/93
KEY WORDS manufacture
REFERENCES 82.150(b)
QUESTION: A company manufactures air conditioning and refrigeration equipment and assembles and tests compressors As
part of the development and production testing of these compressors, the company uses controlled substances. Do
the regulations implementing section 608 apply to manufacturing activities?
RESPONSE: Section 82.150(b) states, "This subpart applies to any person servicing, maintaining, or repairing appliances
except for motor vehicle air conditioners. This subpart also applies to persons disposing of appliances, including
motor vehicle sir conditioners...."
It is the Agency's determination that the manufacture of appliances is different from the service, maintenance,
repair or disposal of appliances and that the regulations do not apply to manufacture. The Agency considers an
appliance to be manufactured at the point that it is completed and ready for shipment. Those activities leading up
to that point are all part of the manufacturing process and are not subject to these regulations.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER
11
KEY WORDS
Whirlpool bag
transfer equipment
REFERENCES 82.158{d)
82.1S2(r>
QUESTION: The Whirlpool bag is used as a refrigerant recovery device to contain refrigerant when servicing small appliances.
When the bag is full, the refrigerant must be transferred to a container for transportation. Transfer equipment is
used to remove refrigerant from a Whirlpool bag and transfer it to another container. This transfer equipment is
buiit by individual technicians following a design supplied by Whirlpool. Is this transfer equipment subiect to the
recovery and recycling equipment certification standards of section 82.158(d) of the regulations? Must such
transfer equipment be labeled?
RESPONSE: Section 82.158(d) of the regulation requires that recovery and recycling equipment for use with small appliances
be capable of meeting certain recovery' standards. "Recover" is defined in section 82.152(r) as "to remove
refrigerant in any condition from an appliance without necessarily testing or processing it in any way."
(Emphasis added.)
It is EPA's determination that the equipment which is used to transfer refrigerant from the Whirlpool bag to
subsequent containers is not subject to the standards for recycling and recovery equipment of section 82.158i d i
These standards apply to equipment which is used to remove refrigerant from an appliance. The transfer
equipment described is used to remove refrigerant from a refrigerant recovery device. The requirements of
section 82.158(d) therefore do not apply to the transfer equipment and such equipment need not be labeled.
However, the Whirlpool bag itself is subject to the requirements of section 82.158(d). In addition, section
82.158(d)( 1) requires that recovery equipment for use with small appliances be certified under the conditions of
appendix C of the regulation. Method for Testing Recovery Devices for Use with Small Appliances. This test
method requires the testing not only of the Whirlpool bag, but also of any transfer equipment used to transfer the
refrigerant from the bag to a container suitable for shipment. The Whirlpool bag cannot be certified without also
testing the transfer equipment.
It is the Agency's determination that as the Whirlpool bag cannot be certified without testing the accompanying
transfer equipment, the use of any transfer equipment other than that which w-as used to certify the Whirlpool bag
will be considered a violation of the requirements that certified recovery equipment be used when opening
appliances. The design of the transfer equipment must therefore specify the characteristics of each of the
components used in constructing the equipment and individuals must adhere to these specifications when
assembling the transfer equipment.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER
12
9/22/93
KEY WORDS sales restriction
recordkeeping
REFERENCES 82.166(a)
QUESTION: Section 82.166(a) requires that "[a]ll persons who sell or distribute any class I or class II substance for use as a
refrigerant must retain invoices that indicate the name of the purchaser, the date of sale, and the quantity of
refrigerant purchased." When does this requirement becomes effective?
RESPONSE: This recordkeeping requirement became effective thirty days after promulgation of the regulation, or on June 14,
1993. When an effective date is not explicitly given in a regulation, it is thirty days from promulgation.
RECORD NUMBER
1
9'22'93
KEY WORDS sales restriction
recordkeeping
certification
REFERENCES 82,166(b)
82.161(a)
QUESTION: Section 82.166(b) states that "[purchasers of any class I or class II refrigerants who employ technicians who
recover refrigerants may provide evidence of each technician's certification to the wholesaler who sells them
refrigerant: the wholesaler will then keep this information on file. In such cases, the purchaser must notify the
wholesaler regarding any change in a technician's certification or employment status." What is the effective date
of the section 82.166(b) recordkeeping requirement?
RESPONSE: The answer to this question depends upon the effective date of the technician certification requirement. Section
82,161(a) states, "Effective November 14, 1994, persons who maintain, service, or repair appliances, except
MVACs [motor vehicle air conditioners], and persons who dispose of appliances, except for small appliances.
room air conditioners and MVACs, must be certified..,." Given the fact that the recordkeeping requirement of
section 82.166(b) requires wholesalers to keep records concerning the certification of technicians, and such
certification is not required until November 14, 1994, the requirements of section 82.166(b) do not become
effective until November 14, 1994.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER
14
9/22/93
KEY WORDS
sales restriction
small can
recordkeeping
REFERENCES 82.166(a)
82.34(b)
QUESTION: Do the section 82.166 recordkeeping requirements pertain also Co the sale of containers containing less than
twenty pounds of R-12*1 The sale of such containers is now restricted to technicians certified under the
regulations implementing section 609 of the Clean Air Act.
RESPONSE: The answer to this question is yes. Section 82.166(a) requires that "[a]ll persons who sell or distribute any class 1
or class II substance for use as a refrigerant must retain invoices that indicate the name of the purchaser, the date
of sale, and the quantity of refrigerant purchased." Individuals who sell R-12 for use as a refrigerant in any size
container must now keep records as required by section 82.166,
SUPERSEDED BY DETERMINATION NUMBER 19
RECORD NUMBER
15
10 12 93
KEY WORDS
purging
recovery
REFERENCES 82.154(a)
QUESTION: In the process of recovering refrigerant into recovery cylinders, it is possible that air or other non-condensable
gasses may need to be purged. Do the regulations permit this purging0
RESPONSE: Section 82.154(a) of the regulation states, "[NJo person maintaining, servicing, repairing, or disposing of
appliances may knowingly vent or otherwise release into the environment any class I or class II substance used as
a refrigerant in such equipment... The knowing release of refrigerant subsequent to its recovery from an
appliance shall be considered a violation of this prohibition." As long as no class I or class II refrigerants are
released into the atmosphere during the purge, there is no violation. Therefore, it is permissible to purge non-
condensable gases in the process of recovering refrigerant into recovery cylinders as long as no refrigerant is also
purged.
The Agency understands, however, that it is impossible to completely separate the non-condensable gases from
the refrigerant. Therefore, the purging of non-condensable gases will always entail the release of refrigerant. The
purpose of the purge, however, is not to release class 1 or class II substances into the environment, but to remove
non- jndensable gases from the bulk of the refrigerant. Therefore, the release of class I or class 11 substances
which are mixed in with non-condensable gases during the course of purging non-condensable gases from
recovery cylinders or recovery equipment will not be considered a violation of the section 82.154(a) prohibition
on venting refrigerants.
In making this determination EPA assumes that the release of the class I or class II substance is both small and
unavoidable. If EPA determines that a person has released an excessive amount of refrigerant or that the release
of refrigerant was avoidable, such person will be in violation of the section 82.154(a) prohibition.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER
16
10/12/93
KEY WORDS
maintenance
manual purging
automatic purging
REFERENCES 82.154(a)
QUESTION: In the process of maintaining commercial refrigeration systems, a manual purge of non-condensables may be
required to clear the condenser of nitrogen or air that may have been introduced into the system. Is this purge
permitted by the regulation?
RESPONSE: Section 82.154(a) of the regulation states. "[N]o person maintaining, servicing, repairing, or disposing of
appliances may knowingly vent or otherwise release into the environment any class I or class II substance used as
a refrigerant in such equipment.... The knowing release of refrigerant subsequent to its recovery from an
appliance shall be considered a violation of this prohibition." As long as no class 1 or class II refrigerants are
released, the regulations do allow this type of manual purging.
The Agency understands, however, that it is impossible to completely separate the non-condensable gases from
the refrigerant. Therefore, the purging of non-condensable gases will always entail the release of refrigerant.
While the purpose of the purge is to remove non-condensable gases from appliances, a certain amount of
refrigerant will always be mixed in with the non-condensables. Given the fact that this release is necessary in
order to keep the appliance in working order and that the release is impossible to avoid, the release of class I or
class II substances which are mixed in with non-condensable gases during the course of purging non-condensable
gases from appliances will not be considered a violation of the section 82.154(a) prohibition on venting
refrigerants.
In making this determination EPA assumes that the release of the class I or class II substance is both small and
unavoidable. If EPA determines that a person has released an excessive amount of refrigerant or that the release
of refrigerant was avoidable, such person will be in violation of the section 82.154{a) prohibition.
RECORD NUMBER
17
IO'I293
KEY WORDS
refrigerant sale
equipment sale
REFERENCES 82.154
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 • Refrigerant Recycling
RECORD NUMBER
18
10/12/93
KEY WORDS
recovery equipment
available
REFERENCES S2J56fb)
82.152(0}
QUESTION: If a single location within a company is responsible for only charging refrigeration systems, is thai location
required to have a recycling;recovery unit? All other related work is handled at another location that has a
recycling.'recovery unit.
RESPONSE: Section 82.156(b) states. "Effective July 13, 1993, all persons opening appliances except for small appliances and
MVACs for maintenance, service, or repair and all persons disposing of appliances except for small appliances
must have at least one piece of certified, self-contained recovery equipment available at their place of business,"
In addition, section 82,152(o) defines "person" as "any individual or legal entity, including an individual.
corporation, partnership, [or] association..,." Therefore, if one company employs the individuals at both
locations, then the requirements of section 82.156{b) are met if that company has at least one piece of self-
contained recovery equipment. The division of the company which is responsible for charging the refrigeration
systems need not have its own piece of equipment.
RECORD NUMBER
19
'293
KEY WORDS
sales restriction
small can
recordkeeping
REFERENCES 82.150
Preamble page 28666
QUESTION: Do the section 82.166 recordkeeping requirements pertain also to the sale of containers containing less than
twenty pounds of R-12? The sale of such containers is now restricted to technicians certified under the
regulations implementing section 609 of the Clean Air Act.
RESPONSE: The Agency has determined that the recordkeeping requirements found in the regulations implementing section
608 do not apply to the sale of containers containing less than twenty pounds of R-12. The Purpose and Scope
(section 82.150) and the Preamble (58 Fed. Reg. 28666) of the section 608 regulations clearly indicate that they
do not apply to the servicing of motor vehicle air conditioners (MVAC) because the servicing of MVACs is
covered by the section 609 regulations. The section 609 regulations also restrict the sale of small cans of R-12
and require recordkeeping for such sales. Since the section 608 regulations do not apply to the servicing of
MVACs and the small cans would be purchased to service MVACs, the Agency has determined that the
recordkeeptng requirements of the section 608 regulations do not apply to the sale of small cans of R-12. The
recordkeeping requirements found in the section 608 regulations still apply to ail other sales of refrigerant,
including sales of R-12 in containers which contain more than 20 pounds of refrigerant.
SUPERSEDES DETERMINATION NUMBER 14
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 20 3/18/94
KEY WORDS technician
certification
laboratory
training
student
REFERENCES 82.152(x)
QUESTION: Do the regulations require students enrolled in refrigeration or air conditioning courses to be certified in order to
perform laboratory work?
RESPONSE: The answer is no, students need not be certified in order to perform laboratory work. Section 82.152(x) of the
regulation defines "technician" as "any person who performs maintenance, service, or repair that could reasonably
be expected to release class i or class II substances from appliances into the atmosphere,... Technician also means
any person disposing of appliances...." It is the Agency's determination that work on air conditioning or
refrigeration appliances performed as part of laboratory course work does not constitute maintenance, service.
repair or disposal of appliances. Individuals who work on appliances in a laboratory need therefore noi be
certified.
The Agency distinguishes between work which is performed in order to maintain an appliance in working order
and work which is performed for the purpose of training technicians. Please note, however, that training which is
performed on the job and not pan of formal, course-driven laboratory work is considered maintenance, service.
repair or disposal and does require an individual to be certified.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER
21
2 2 8 '94
KEY WORDS recover
system receiver
chilled cylinder
REFERENCES 82.156(a)
QUESTION: Wtien evacuating air conditioning systems, the majority of the refrigerant is first evacuated into a cylinder
surrounded by nitrogen coils that condense the gas into a liquid. In a second step, the remaining refrigerant is
evacuated into a recovery or recycling machine certified pursuant to section 82.158(a) of the regulation. This
recovery equipment is osed to evacuate the appliance to the level required by section 82.158. Is this method of
recovering refrigerant from appliances prior to service, maintenance or repair in compliance with the regulation'
RESPONSE: Section 82,156(a) of the regulation states, "Effective July 13, 1993, all persons opening appliances ... for
maintenance, service, or repair must evacuate the refrigerant... to a system receiver or a recovery or recycling
machine certified pursuant to § 82.158.... Persons opening appliances ... must evacuate to the levels in Table
1...." It s the Agency's determination that the method described for recovering refrigerant is not in compliance
with the required practices outlined in section 82,156(a). Chilled cylinders are not the same as system receivers
nor are they certified recovery or recycling machines. The term "system receiver" is not defined in the regulation.
However, the standard industry meaning of system receiver is a container designed to hold refrigerant which is an
integral part of the appliance.
In order to be in compliance with section 82.156(a), the entire recovery process must be performed using either a
system receiver or certified recovery or recycling machines.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER
5 '16 '94
KEY WORDS
tybing
pressure gauge
required practice
recovery-
piping
REFERENCES S2.!56(a)
QUESTION: Small amounts of refrigerant vapor are sometimes released during minor maintenance tasks, for lack of a way to
evacuate the relatively short distance between the point of maintenance and the nearest shutoff valve. Some
examples are changing a gauge, maintenance on relief devices, replacing or calibrating a differential pressure cell.
replacing filter dryers, desiccant dryers and/or oil filters, and adjustments to the expansion valve. These types of
activities have several features in common. The servicing is minor, there is a shutoff valve near the point of
service, refrigerant remains in the pipe between the shutoff valve and the point of service, and there is no practical
way to recover the small amount of refrigerant left in the pipe. Do the required practices section of the
regulations apply to these types of servicing?
RESPONSE: Section 82.156(a)of the regulation states. "Effective July 13, 1993. al) persons opening appliances except for
MVACs for maintenance, service, or repair must evacuate the refrigerant in either the entire unit or the pan to be
serviced (if the latter can be isolated) to a system receiver or a recovery or recycling machine certified pursuant to
§82.158," In the cases described, however, the pan to be serviced (i.e.. the gauge or other component plus the
length of tubing leading from the shutoff valve) is so small that the amount of refrigerant contained in it is
negligible compared to the total charge of the system. In addition, there are no suitable fittings (either because the
fittings do not exist or, in the case of industrial process refrigeration, they are in inaccessible locations) on which
to attach recovery equipment, making likely the loss of a substantial portion of the refrigerant contained in the
pipe or rube. It is therefore the Agency's determination that these small portions of appliances need not be
evacuated pursuant to section 82.156(a).
In making this determination the Agency assumes that the amount of refrigerant contained in the pipe or tubing is
small and that there is no practical way to recover this refrigerant. If in the context of a particular situation EPA
determines that the amount of refrigerant was excessive such release will constitute a violation of the section
82.154(a) prohibition and the section 82.156(a) required practice.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 23 5/16/94
KEY WORDS refrigerant entrained in oil
REFERENCES Preamble 28677-28678
QUESTION: When the oil reservoir of an appliance is opened, for example, when changing or adding oil. a certain amount of
refrigerant which was entrained in the oil inside the appliance may escape into the atmosphere. Is this release
covered by the regulations?
RESPONSE: It is the Agency's determination that the emission of refrigerant which has become entrained in oil is not covered
by the regulations. The preamble (58 Fed, Reg, 28677-28678) states, "The comments support EPA's proposal
that additional procedures to recover entrained refrigerant from oil are not warranted at this time." Given this,
allowing refrigerant to escape from oil in an appliance is not a violation of the regulations.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 24 5/1694
KEY WORDS addition of oil
required practice
recovery
REFERENCES 82.154(a)
82.l56(a)
applicability determination number 23
QUESTION: Oil is added to an industrial process refrigeration system by opening a fill hole and pouring in the oil. During this
operation, a certain amount of refrigerant which was entrained in the oil inside the appliance may escape when the
fill hole is opened. In addition to the refrigerant entrained in the oil. a certain amount of refrigerant from the
appliance itself may escape during this procedure. Do the required practices apply to this operation9
RESPONSE: As stated in the Preamble (pages 28677 and 28678) and applicability determination number 23, the emission of
refrigerant which has become entrained in oil is not covered by the regulations. Given this, the refrigerant which
escapes from oil when an oil reservoir is opened is not a violation of the regulations and the required practices of
section 82.156 need not be followed in order to prevent this emission.
The Agency understands that in addition to the refrigerant entrained in the oil. a certain amount of refrigerant
from the appliance itself may escape during this procedure. In this case it would be impossible to distinguish
between the refrigerant which is released from the oil and the refrigerant which escapes from the appliance.
'-'nwever. requiring evacuation for the purpose of adding oil to industrial process refrigeration systems is likely to
. jult in greater emissions, since evacuation is a more time-consuming and complicated process in these systems.
Therefore, given the fact that the release of refrigerant which is entrained in oil is not subject to the regulations,
and that the amount of refrigerant which escapes from the industrial process refrigeration system itself is likely to
be smaller than the emission associated with recovery of the refrigerant, it is the Agency's determination that the
required practices of section 82.156 need not be followed for the purposes of adding oil to an industrial process
refrigeration system.
This determination is limited to industrial process refrigeration systems. Also, in making this determination the
Agency assumes that the amount of refrigerant released from the industrial process refrigeration system itself is
smaller than the amount which would be lost if the refrigerant were first recovered from the appliance in order to
add the oil. If EPA subsequently determines that refrigerant losses from the industrial process refrigeration
system are greater than the losses associated with recovery, this determination will no longer apply and those
releases will constitute a violation of the section 82.!54(a) prohibition and the section 82.156(a) required practice.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 25
5 1694
KEY WORDS
oil sample
refrigerant sample
analysis
REFERENCES CAA608(c)(l)
82.154(a)
QUESTION: Samples of oil and refrigerant are taken from an appliance on a periodic basis and tested for such things as acidity
and moisture content. This analysis may result in the loss of the refrigerant, such as when the oil or refrigerant is
analyzed in a gas chromatograph. Are these refrigerant loses covered by the regulation"1
RESPONSE: The Agency has already considered this issue, in applicability determination number six. In this determination.
the Agency stated that these releases were violations of both section 608(cX 1) of the Act and section 82.154iai of
the regulation. However, based upon information subsequently received concerning the amount of refrigerant
released and the importance of performing such tests, the Agency now determines that releases which resale from
the laboratory analysis of oil or refrigerant are not violations. The Agency has come to learn that the quantity of
refrigerant released is very small, and that without such periodic testing appliances are more likely to be damage
by contaminated refrigerant. Damaged appliances require more servicing, resulting in greater emissions, and ma.
also be subject to catastrophic failure, resulting in the loss of the total charge. For these reasons, the release of
refrigerant for the purposes of chemically analyzing the oil or refrigerant will not be considered violations of the
Act or the regulation.
SUPERSEDES DETERMINATION NUMBER 6
RECORD NUMBER 26 51694
KEY WORDS valve seal cap
REFERENCES 82.154(a)
82.156
QUESTION: A valve seal cap is a device used to cover a valve in order to prevent emissions from the valve due to leaks
When it becomes necessary to remove the valve seal cap in order to operate the valve or to repair the leak in the
valve, the quantity of refrigerant which was contained beneath the seal will be released into the atmosphere Do
the regulations apply in this situation?
RESPONSE: It is the Agency's determination that the release of refrigerant from valve seal caps does not constitute a violation
of the regulation. The amount of refrigerant captured under the cap is negligible compared to the total charge of
the system and is so small that there is no practicable way to recover it. In addition, if valve seal caps are not used
on appliances, refrigerant losses due to leaks will exceed the amount lost in removing the cap. It is therefore the
Agency's determination that refrigerant releases associated with the removal of valve seal caps do not constitute
violations of sections 82.154(a) or 82.156.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 27 3/31/94
KEY WORDS technician
certification
minor service
REFERENCES 82.154(1)
g2.152(n)
82.161U)
QUESTION: Must a person be certified in order to perform minor servicing and maintenance such as replacing a gauge, where
(1) any loss of refrigerant would be de minsmis. (2) the methods of minimizing refrigerant loss do not require a
refrigeration technician's specialized training, and (3) the worker's training and expertise are sufficient to allow the
safe and successful completion of the work?
RESPONSE: Section 82.154(1) of the regulation states, "Effective November 14, 1994 no person may open an appliance except
for an MVAC ... unless such person had been certified as a technician pursuant 10 § 82.161." Section 82.152(n)
defines the phrase "opening an appliance" as "any service, maintenance, or repair on an appliance that could be
reasonably expected to release refrigerant from the appliance to the atmosphere unless the refriserant were
previously recovered from the appliance." Furthermore, section 82.161(a) states, "Effective November 14. 1994.
persons who maintain, service, or repair appliances, except for MVACs ... must be certified by an approved
technician certification program...."
Pursuant to sections 82.154(1) and 82.161(a), all persons who perform any service, maintenance, or repair on an
appliance that could be reasonably expected to release refrigerant from the appliance to the atmosphere must be
certified effective November 14. 1994. The regulations do not recognize an exemption from this requirement on
the basis of the quantity of refrigerant released. Therefore, it is the Agency's determination that minor service
which could be reasonably expected to release refrigerant, such as that described, does require a person to be
certified pursuant to section 82.161,
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 28
3/31/94
KEY WORDS
technician
certification
emergency service
REFERENCES 82.154(1)
82.!52(n)
82.161(a)
QUESTION: Must a person be certified in order to perform tasks that normally would be performed by a certified technician, if
those tasks are necessary in an emergency to avoid or minimize adverse consequences to health, safety and
environment or substantial property loss, if a certified technician is not available?
RESPONSE: Pursuant to sections 82.154(1) and 82.161(a), all persons who perform any service, maintenance, or repair on an
appliance that could be reasonaoly expected to release refrigerant from the appliance to the atmosphere must be
certified effective November 14, 1994. The regulations do not grant any exemptions from the requirement that
persons who open appliances be certified. The Agency does recognize, however, that emergency situations may
arise which require immediate attention. As with all of our enforcement actions, the Agency will consider the
circumstances in which a violation occurred, as well as all other relevant factors, in determining whether to pursut
an enforcement action.
RECORD NUMBER 29
3 31 94
KEY WORDS evacuation
leaks
service
appliance
REFERENCES 82.156(a)(l)
§2,J52(v)
QUESTION: Does the exception which allows evacuation of appliances to no more than atmospheric pressure, when substantial
leaks prevent evacuation to the specific vacuum levels that would normally be required under the rule, apply to
the servicing and maintenance of large appliances?
RESPONSE: Section 82.156{a)( 1) of the regulation states, "Persons opening appliances except for small appliances. MVACs
[motor vehicle air conditioners], and MVAC-iike appliances for maintenance, service, or repair must evacuate to
the levels in Table I before opening the appliance, unless due to leaks in the appliance, evacuation to the levels in
Table 1 is not attainable, or would substantially contaminate the refrigerant being recovered."
This exception from the evacuation requirement on the basis of leaks applies to the maintenance, service, or repair
of all appliances except for small appliances, MVACs, and MVAC-like appliances. The term "small appliance"
defined in section 82.152(v) as "any of the following products that are fully manufactured, charged, and
hermetically sealed in a factory with five (5) pounds or less of refrigerant: [list follows]." Therefore, appliances
except for small appliances, MVACs, and MVAC-like appliances need not be evacuated to the specified level if
that appliance has leaks that would make the evacuation level unattainable or would lead to the substantial
contamination of the refrigerant being recovered.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 30
3/31/94
KEY WORDS
evacuation
leaks
service
small appliance
MVAC
REFERENCES S2,I56(a)(4}
82,152(v)
QUESTION: Does the exception which allows evacuation of appliances to no more than atmospheric pressure, when substantial
leaks prevent evacuation to the specific vacuum levels that would normally be required under the rule, apply to
the servicing and maintenance of small appliances?
RESPONSE: Section 82.156(a)(4) requires that "persons opening small appliances for maintenance, service, or repair must"
either recover 80 percent of the refrigerant using recovery equipment manufactured before November 15. 1993.
recover 90 percent of the refrigerant using recovery equipment manufactured on or after November 15. 1993. or
evacuate the small appliance to four inches of vacuum. This section does not give an exception to the evacuation
requirements on the basis that the small appliance has leaks. In ail cases the small appliance must be evacuated to
the specified level before the maintenance, service, or repair.
RECORD NUMBER 31
3 31 94
KEY WORDS evacuation
leaks
disposal
large appliance
REFERENCES 82.136(aX3)
QUESTION: Does the exception which allows evacuation of appliances to no more than atmospheric pressure, when substantial
leaks prevent evacuation to the specific vacuum levels that would normally be required under the rule, apply to
the disposal of large appliances?
RESPONSE: Section 82.156(a)(3) states, "Persons disposing of appliances except for small appliances. MVACs [motor vehicle
air conditioners], and MVAC-like appliances, must evacuate to the levels in Table 1." There is no exception
given for disposing of these appliances. In all cases the appliance must be evacuated to the specified level before
disposal.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER
32
KEY WORDS evacuation
leaks
disposal
small appliance
MVAC
REFERENCES 82.156(§)
82.152(v)
QUESTION: Does the exception which allows evacuation of appliances to no more than atmospheric pressure, when substantial
leaks prevent evacuation to the specific vacuum levels that would normally be required under the rule, apply to
the disposal of small appliances?
RESPONSE: Section 82.156{g) requires that "persons recovering refrigerant from MVACs [motor vehicle air conditioner] and
MVAC-like appliances for purposes of disposal of these appliances must reduce the system pressure to or below
102 mm of mercury vacuum...." This section does not give an exception to the evacuation requirements on the
basis that the MVAC or MVAC-like appliance has leaks. In all cases these appliances must be evacuated to the
specified level before disposal.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
620SJ
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 33
4.20/94
KEY WORDS
low pressure appliance
pressurize
dry air
REFERENCES 82.156(aX2)(iXB)
QUESTION; Is it a violation of the regulations to pressurize a low pressure refrigeration appliance to zero pounds per square
inch gauge tpsig) with dry. filtered plant air in order to prepare the appliance for maintenance"1
RESPONSE: Section 82-156(a)(2XiXB) states that an appliance must "(b]e pressurized to 0 psig before it is opened if it is a
low-pressure appliance, without using methods, e.g.. nitrogen that require subsequent purging."
It is EPA's understanding that the air which is used to pressurize the appliance must be purged from the appliance
after the service is performed. The answer is therefore yes, it is a violation of the regulation to pressurize a low
pressure appliance with dry. filtered plant air for the purpose of opening the appliance.
RECORD NUMBER 34
4 '20/94
KEY WORDS
appliance
cell
refrigerant added
recordkeeping
REFERENCES 82.166(k)
QUESTION: The smallest portion of a certain appliance which can be isolated is a cell. When maintenance is required on a
cell it is isolated from the rest of the system, the refrigerant in the cell is drained into a drain tank, the cell is
evacuated to the specified level and the maintenance is performed. After the maintenance, the cell is recharged
with the refrigerant in the drain tank. Does this constitute adding refrigerant to the system which necessitates
recordkeeping of the quantity of refrigerant added?
RESPONSE: It is EPA's determination that this is not adding refrigerant to the system. Each cell constitutes a pan of the total
appliance, along with the drain tanks. In draining one cell by moving the refrigerant into a drain tank, performing
service, and returning the refrigerant from the drain tank to the cell, no new refrigerant is added to the system
Therefore, no record need be kept concerning the quantity of refrigerant which was returned to the cell.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER
35
4/20/94
KEY WORDS
appliance
bath
device
REFERENCES 82,150
82.152U)
QUESTION: A bath of liquid CFC-113 and frozen carbon dioxide is used to cool certain products. This bath sits in a container
and is open to the atmosphere. Is this bath subject to the regulation?
RESPONSE: It is the Agency's determination that this bath is not subject to the regulation. Pursuant to section 82.150. Purpose
and Scope, the regulation applies to the servicing of appliances. The term "appliance" is defined in section
82.152(a) as "any device which contains and uses a class I or class II substance as a refrigerant,..." A bath of
CFC-113 and frozen carbon dioxide is not a device, but is rather simply a pool of liquid. It is therefore not
subject to the regulation.
RECORD NUMBER
6 1094
KEY WORDS duct work
line sets
installation
REFERENCES 82.134(1)
QUESTION: Certain individuals perform jobs such as installing duct work and running line sets. These individuals do not weld
refrigerant lines, charge appliances with refrigerant, or open appliances. They merely set components in place
and other individuals connect and weld lines, charge the appliance and open the system. Do these individuals
need to be certified?
RESPONSE: Section 82.154(1) of the regulation states, "Effective November 14. 1994 no person may open an appliance ...
ynless such person has been certified as a technician...." Section §2,l52(n) defines "opening an appliance" as
"any service, maintenance, or repair on an appliance that could be reasonably expected to release refrigerant from
the appliance to the atmosphere unless the refrigerant were previously recovered from the appliance."
It is the Agency's determination that work such as described is not opening an appliance. The installation of duct
work or the laying of refrigerant lines in place could not be reasonably expected to release refrigerant from the
appliance. Therefore, persons who install duct work, or lay refrigerant lines need not be certified.
Please be advised, however, that once the appliance has been assembled, further work performed on the appliance
is considered maintenance, service or repair, and individuals performing such work are required to be certified
effective November 14, 1994. Examples of this type of work include welding the refrigerant lines or charging th
appliance with refrigerant.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
620SJ
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 37
8/17/94
KEY WORDS
technician certification
recovery equipment
REFERENCES 82.161(a)
QUESTION Do individuals who check the level of refrigerant in appliances need to be certified.
RESPONSE Section 82.156(a) of the regulations state. Effective November 14, 1994, persons who maintain, service, or repair
appliances, except MVACs...must be certified by an approved technician certification program..." Checking the
level of refrigerant in appliances using pressure gauges and hoses, as opposed to reading pressure meters which
are a pan of an appliance, is considered maintenance, service, or repair. Therefore, individuals who check the
level of refrigerant in appliances using hoses and pressure gauges or similar methods must be certified. Also,
there are no EPA regulations that require you to be certified to work on electrical equipment.
QUESTION Do the regulations require that recovery equipment be on board service trucks at all time.
RESPONSE There is no such requirement in the regulations. The regulations do not require that recovery equipment ever be
kept on service trucks.
RECORD NUMBER 38 9 2 94
KEY WORDS refrigerant vapors
REFERENCE 82.154(2)
QUESTION "After adding refrigerant to a machine, which involves connecting the refrigerant drums to the machine and letting
the machine vacuum suck out the refrigerant, we are left with a sealed empty refrigerant drum containing
refrigerant vapors." If you open the drum and allow these vapors to escape, are you violating the Clean Air Act?
RESPONSE Section 82.154(2) of the regulations states:" ...The knowing release of refrigerant subsequent to its recover}' from
an appliance shall be considered a violation of this prohibition." A drum is not considered an appliance and is
there'%re not subject to this regulation.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 39
9/2 94
KEY WORDS
defective units
refurbished units
warranty liability
technician certification
REFERENCES 82.161(a)
QUESTION If individuals working on "defective" units that have left the factory...and returned to the factory to be repaired
and sold again as refurbished units are required to have technician certification 1 or would this procedure come
under the blanket of manufacturing?
RESPONSE Section S2.!61(a) of the regulations states, "Effective November 14, 1994, person who maintain, service, or
repair appliances, except MVACs...must be certified by an approved technician certification program,./'
Refurbishing "defective" units would not come under the blanket of the manufacturing because the technician
would not be constructing the appliance, but rather repairing a unit that is already assembled
QUESTION Would a company be liable to make sure that all the service companies they authorize for warranty work ha%e
technicians who have their technician certification I after November deadline?
RESPONSE The technicians employer would be liable to ensure that their employees have the required certification by the
November 14, 1994 deadline.
RECORD NUMBER
40
9 2694
KEY WORDS quick-connect tubing
copper tubing
REFERENCE 82.154(n)(3)
82.154(nX5)
QUESTION Is a piece of copper tubing with class I or class II refrigerant in it having both ends sealed with a quick-connect
fitting qualified as an "appliance"?
RESPONSE Section 82.! 54(nX5) states: "Effective November 14, 1994 no person may sell or distribute, or offer for sale or
distribute, any class I or class II substance for use as an appliance..." A piece of copper tubing with class 1 or class
II refrigerant in it is not considered an appliance. The tubing would have to be connected to a machine to be
considered an appliance. However, 82.154(nX3) requires that "refrigerant is sold only for eventual resale to
certified technicians or to appliance manufacturers..."
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 41 10/12'94
KEY WORDS <501b charge
REFERENCE 82.166(k)
QUESTION Are ail appliances with charges under 50 pounds normal charge are exempt from the record keeping requirements.
or just those in the "other" category of comfort cooling?
RESPONSE Section 82,166(k) of the regulations states: "Owners/operators of appliances normally containing 50 or more
pounds of refrigerant must keep servicing records.,," All appliances containing less than 50 pounds of refrigerant
are excluded from this requirement.
RECORD NUMBER 42
I 94
KEY WORDS
sales restriction
marine vessels
territorial waters
certified technician
REFERENCES 82.154(m)
QUESTION How does the sale restriction apply to sale of refrigerant to personnel of marine vessels, where such refrigerant is
shipped outside of U.S. territorial waters? It may not be clear to the seller whether the refrigerant is used aboard
the vessel on which it is shipped or used elsewhere outside of the United States.
RESPONSE For the purposes of Section 82.154(m) of the November 9, 1994 Federal Register only, a person may sell to non-
certified personnel of a marine vessel who buys U.S. territorial waters prior to use. In these cases, such
refrigerant is treated as are exports under the sales restriction, whereby exports are not subject to the restriction
Purchasers or refrigerant for marine vessels typically make their purchases from wholesalers who specifically sell
to that market, so that sellers will not be in a position of distinguishing between purchasers buying for shipment
on vessels and purchasers buying for other purposes. If refrigerant is actually exported to a country outside of the
United States, exporters must comply with the EPA rules promulgated pursuant to Section 604 and 606 of the
Clean Air Act Amendments of 1990.
In the case of U.S. ships that sail within U.S. territorial waters, the purchase of refrigerant can only be made by
certified technicians. Please be advised that violations of the above referenced regulations are subject to penalties
of up $25,000 per day per violation.
SEE DETERMINATION NUMBER 45
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 43
11/9/94
KEY WORDS
equipment purchase
distributor responsibility
pre-chareed parts
split systems
REFERENCE 82.154(n)(l)
82,161
QUESTION Must the purchaser of equipment containing refrigerant be certified in order to buy the equipment0
RESPONSE Section 821.54(n)( I) of the regulation states: "Effective November 14, 1994 no person may sell or distribute, or
offer for sale or distribution, any class I or class II substance for use as refrigerant to any person unless the buyer
has been certified as a T>pe 1, Type II. Type III or Universal technician pursuant to §82.16!,,." The sale of pre-
charged parts and pre-charged split systems are restricted to certified technicians only. For the purpose of the
sales restriction, these pans are considered containers of CFC or HCFC refrigerants.
QUESTION Is it the responsibility of the distributor to enforce this ruling?
RESPONSE The wholesaler/distributor is restricted to selling refrigerants only to the accounts with evidence of certification on
file with the wholesaler-distributor prior to the sale or to technicians with valid section 608 or 609 certification
identification cards,
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United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 44 12-6'94
KEY WORDS technician certification
exotic CFCs
REFERENCE 82.l56(a)
QUESTION Musi a technician be certified if he or she provides service to a hermetically sealed unit, even if they do not
reclaim CFCs.
RESPONSE Technician certification would be required for any person who performs maintenance, service, repair or disposal
that could be reasonably expected to release class 1 or class II refrigerant from appliances into the atmosphere.
Performing maintenance, service, repair or disposal could be reasonably expected to release refrigerants only if
the activity is reasonably expected to violate the integrity of the refrigerant circuit. Activities reasonably expected
to violate the integrity of the refrigerant circuit include activities such as attaching and detaching hoses and gauges
to and from the appliance to add or remove refrigerant or measure pressure and adding refrigerant to and
removing refrigerant from the appliance. The lechnician(s) would have to be certified to perform "service" on
hermetically sealed units.
QUESTION What should be done with exotic CFCs that have a higher pressure than recovery tanks?
RESPONSE Section 82.156(a) requires that very high-pressure appliances (e.g. appliances using refrigerants 13 or 503) be
evacuated to 0 psig(atmospheric pressure) before the appliance is opened or disposed of. For small charges t i.e..
51bs or less) you may wish to recover the refrigerant in gas form by using the multi-cylinder method (which is
commonly used in industry). This method involves filling ordinary cylinders up to their capacity with refrigerant
vapor. For large charge sizes the National Refrigeration Products has a recovery device that is intended for larger
charges.
-------
United States
Environments! Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 45
KEY WORDS
marine vessels
sales restriction
REFERENCES 40 CFR Pan 82. Subpan A
Sections 604 and 606 Clean Air Act
QUESTION Are refrigerants recovered from marine vessels and brought into the U.S. port treated as an import'1
RESPONSE In a November, 1994 determination 10 you. EPA stated that the §608 sales restriction would not apply to the sale
of refrigerant to personnel to personnel of marine vessels, where such refrigerant is transported and used outside
of U.S. territorial waters. We stated that these sales would be treated (not covered by the sales restriction), even
though these sales are not considered exports. Similarly, if refrigerant is recovered from refrigeration equipment
aboard marine vessels outside of U.S. waters, and that recovered refrigerant is brought back into U.S. port for
purposes of recycling, reclamation or destruction, that refrigerant will not be considered an import under 40 CFR
Pan 82, Subpan A.
However, because of the difficulty on the pan of the inspectors >n determining origin, uses, and destination of
refrigerants, we recommend that marine vessel personnel document their purchase, use, recovery and fate or
refrigerant they transport for their own use. In the event that refrigerant is actually imponed into the U.S. from
another country, importers must comply with tru IPA rules promulgated pursuant to Sections 604 and 606 of the
Clean Air Act Amendments of 1990.
Please be advised that violations of any of the Title VI regulations are subject to penalties of up to S25.000 per
day per violation.
REFER TO DETERMINATION NUMBER 42
RECORD NUMBER 46
KEY WORDS liability
GOCO facility
4 995
REFERENCES
QUESTION If the CFC regulations violated by a service contractor who will be liable for the violation and if DOE owns a
facility, which is a Government-Owned, Contractor-Operated (GOCO) facility, is DOE (owner) ultimately liable
for a CFC regulatory violation?
RESPONSE When EPA receives a tip/complaint or conducts a routine inspection involving violations under Section 608 of the
CAA, the Agency would decide whether a particular violation wis serious enough to warrant an enforcement
action. If the violation was in a civil case the employer would be a liable for the penalty. The technician could b
liable in a criminal case if it were proven that he or she "willfully and knowingly" violated portions of Section
608. The Agency's position regarding liability when using contractor support is the same as that of a "traditional™
employer/employee relationship. The employer (in your case DOE) would be liable for the penalty in a civil case.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
620SJ
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 47
KEY WORDS split systems
do-it-yourselfers
REFERENCE 82.154(nXD
S2.I6I
QUESTION Can "do-it-yourselfers" who are not certified purchase central air conditioning equipment that contains refriseram
(i.e., split system equipment),
RESPONSE Section 82.IS4(nXI) of the regulations states "Effective November 14, 1994 no person may sell or distribute, or
for yse as a refrigerant to any person unless the buyer has been certified as a Type I, Type II. Type III, or
Universal technician pursuant to §82.161..." This sale of pre-charged parts and pre-charee split systems is
restricted to certified technicians only. For the purpose of the sales restriction, these pans are considered
containers of CFC or HCFC refrigerants.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 48
KEY WORDS disposal
liability
REFERENCES 82.166
82.156
S2.158
3/29/95
QUESTION Should technicians leave gauges and R-502 30 pounds tanks hooked to system over a week unattended*1
RESPONSE It is recommended that gauges and/or 30 pound tanks not be left hooked up and unattended. This will minimize
the possibility that if the cylinders and gauges are left open venting of refrigerant may occur. The regulations do
not specifically address this issue. Therefore we suggest using a "common sense" approach.
QUESTION Should refrigerant be left unattended0
RESPONSE Section 82.166 requires all persons who sell or distribute any class I or class II substance for use as a refrigerant
10 retain invoices that indicate the name of the purchaser, the date of sale, and the quantity of refrigerant.
However there is no such requirement for the end-users (purchasers). The regulations do require thai only
certified technicians use refrigerant. We recommend that refrigerant be handled as a controlled substance and not
left unattended. The restriction assures compliance with the technician certification requirement and minimizes
the possibility refrigerant getting into the hands of persons uninformed of the requirements for refrigerant
recycling.
QUESTION Where, when, why and how should disposal of burnt out compressors be conducted?
RESPONSE Section 82.156 requires all persons disposing of appliances (except for small appliances, MVACs and MVAC-
like appliances) must evacuate the refrigerant in the unit to a recovery or recycling machine certified pursuant to
82.158.
QUESTION What happens if a person does not comply with these items?
RESPONSE The Agency would decide whether a particular violation was serious enough to warrant an enforcement action. If
the enforcement action results in a civil action, the employer would be liable for the penalty assessed for such
violation. The technician could be held liable in a criminal case if it were proven that he or she willingly and
knowingly violated portions of Section 608 of the Clean Air Act.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 49
KEY WORDS purchasing refrigerant
storage of refrigerant
5-31/95
REFERENCES 82.166(b)
QUESTION Should a technician allow his certification card to be used when purchasing refrigerant for his employer?
RESPONSE Yes, §82.166(b) stales that "purchasers of any class I or class 11 refrigerants who employ certified technicians may
provide evidence that at least one technician is properly certified to the wholesaler who sells them refrigerant: the
wholesaler will then keep this information on file and may sell refrigerant to the purchaser or his authorized
representative even if such purchaser or authorized representative is not a properly certified technician., the
purchaser must notify the wholesaler in the event that the purchaser no longer employs at least one properly
certified technician," The employer should supply a list (to the wholesaler) of those authorized to buy refrigerant
or accept delivery for use by the certified technician.
QUESTION How should proper storage of refrigerant be handled?
RESPONSE The regulations do not specifically address storage or proper handling of refrigerant for the purchaser (end-user i:
therefore, we recommend applying a "common sense" approach. Because the regulations restrict the sale.
distribution, or offer for sale or distribution or refrigerant to non-certified technicians, refrigerant should be
handled as a controlled substance. Trie restriction assures compliance with the technician certification
requirement and minimizes the possibility of refrigerant getting into the hands of persons uninformed of the
requirements for refrigerant recycling
Please be advised that there are other government agencies (e.g.. Occupational Safety and Health Commission.
Department of Transportation) that regulate the storage, handling and transport of refrigerant.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER
50
5/4-'95
KEY WORDS liability
leased property
REFERENCES 82.!56{i){!)
QUESTION What is the liability- of the property owner when owner control over the persons engaging in the service,
maintenance, etc.. has been effectively eliminated by a lease between the owner and a patty unrelated to the owner
(thereby giving the unrelated parry a leasehold interest in the owner's real estate, including related HVAC
equipment)? Further, in some cases the owner or nearest owner's representative could be a thousand miles away
from the HVAC equipment
RESPONSE The regulations which implement Section 608 (§82.156(i)(l)) state that: "Owners of commercial refrigeration and
industrial process refrigeration equipment must have all leaks repaired if the equipment is leaking at a rate such
lhat the loss of refrigerant will exceed 35 percent of the total charge during a 12 month period, except as
described in paragraph UX3) of this section,"
The owners of the equipment are required to comply with the regulations regardless of any lease agreement.
Therefore, owners are legally responsible for having all leaks that exceed the regulatory threshold repaired.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 51 5;5'95
KEY WORDS purchasing refrigerant
tubing
required practices
leak rate
pumpout compressors
industrial process
REFERENCES August 19. 1994 40 CFR Pan 82, page 42954
S2J56(a)&|b)
82.154(a)
82.152(g)
QUESTION The utility employees who service refrigeration equipment are being, or have been, certified as required by EPA
regulations, However, utility purchasing agents are responsible for refrigerant procurement. These purchasing
agents do not service refrigeration equipment and therefore are not certified to EPA regulations.
RESPONSE Only technicians with a valid certification identification card will be able to purchase refrigerant for use as of
November 14, 1994.. However the Agency realizes that as a practical matter, clerks and runners, rather than
trained technicians, frequently make refrigerant purchases. If this is the case, purchasers of any class i or class II
refrigerants who employ certified technicians may provide evidence that at least on technician is properly certified
to the wholesaler who sells them refrigerant: the wholesaler will then keep this information on file and may sell
refrigerant to the purchaser or his authorized representative even if such purchaser or authorized representative is
not themselves a certified technician. In such case, the purchaser must notify the wholesaler in the even that the
purchaser no longer employs at least one properly certified technician. The wholesaler is the prohibited from
selling class I or class II refrigerants to the purchaser until such time as the purchaser employs at least one
properly certified technician. At the time, the purchaser must provide new evidence that at least on technician is
properly certified.
QUESTION When instrumentation is repaired on refrigeration equipment, there are occasions when isolating and removing the
instrument can result in a small release of refrigerant. The alternative would be to evacuate the entire machine.
However, the de rninimis release thai would occur during the evacuation process would be greater than that w-hich
occurs by removing the instrument.
RESPONSE Section 82.156(a) of the regulations states, "Effective July 13, 1993, all persons disposing of appliances, except
for small appliances, MVACs and MVAC like appliances must evacuate the refrigerant in the entire unit to a
recovery or recycling machine certified pursuant to §82.158. In the case where the pan is so small that the
amount of refrigerant contained in it is negligible compared to the total charge of the system, the Agency's
determination is that these small portions of appliances need not be evacuated pursuant to Section 82.156{a).
In making this determination the Agency assumes that the amount of refrigerant contained in the instrument or
tubing is small and that there is no practical way to recover this refrigerant. If in the context of a particular
situation EPA determines that the amount of refrigerant was excessive, such release will constitute a violation of
the section 82.154(a) prohibition and the section 82.156(a) required practice.
QUESTION The regulations state that the allowable leakage rates are 35% per year for process refrigeration and equipment
and 15% per year for comfort cooling equipment. It is our understanding that a system which serves both
functions, i.e., a computer room or control room, is considered process refrigeration.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RESPONSE Industrial process refrigeration is defined in §82.152(g) as: "-..complex customized appliances used in the
chemical, pharmaceutical, petrochemical, and manufacturing industries. This sector also includes industrial ice
machines and ice rinks," A computer room and control room is not considered industrial process refrigeration.
Industrial process refrigeration actually cools the process, in your case the chiller(s) that are used to the cool the
nuclear power would be industrial process. Whatever the majority (50 percent or greater) of the chiller's capacity
is being used for determines the allowable leak rate.
QUESTION The regulations state that the allowable rate is 35% per year for process refrigeration equipment. It is our
interpretation that a leak with a rate that exceeds 35% per year must be fixed or a repair plan developed within 30
days of identification versus waiting until 35% volume has leaked out. In other words, the leakage requirement is
"rate" based rather than "volume* based.
RESPONSE Yes. the leakage requirement is "rate" rather than "volume" based.
QUESTION Most of the large tonnage chillers are provided with a pumpout compressor which is used to transfer refrigerant to
the skid mounted storage tanks and for evacuation of the chiller shells. Since this equipment is skid mounted and
provided with the chiller, it is our understanding that it is not considered "recycling equipment" and therefore
does not require certification for use as does stand alone recycling equipment.
RESPONSE Section 82.156(b) states; "Effective October 18, 1994, all persons opening appliances except for small appliances
and MVACs for maintenance, service, or repair and all persons disposing of appliances except..must have at least
one piece of certified, self-contained recovery or recycling equipment available at their place of business. Persons
who maintain, service, repair, or dispose of only appliances that they own and that contain pump-out units are
exempt from this requirement, this exemption does not relieve such persons from other applicable regulations of
§82,156.
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United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 52 7/14/95
KEY WORDS EPA-approved testing laboratory
manufactured equipment
REFERENCES 82.1580)
82.15 8(b)
82.160(b)(4)
QUESTION When is recovery equipment which has been certified by an EPA-approved testing lab no longer certified if the
manufacturer withdraws from an EPA-approved testing lab's certification program? The manufacturer begins to
produce recovery equipment again. Is the new equipment certified? The equipment is no longer on an approved
testing organization's list of certified equipment.
RESPONSE The Agency's determination is. 02 the new equipment is no longer certified because it is not currently on an EPA-
approved testing organizations list of approved equipment Section 82.158(b) states: "Equipment manufactured
or imported on or after November IS. 1993 for use during the maintenance, service, or repair of appliances except
small appliances. MVACs. and MVAC-Iike appliances or during the disposal of appliances except smalt
appliances. MVACs. and MVAC-Iike appliances must be certified by an approved equipment testme
organization..,"'
The regulations establish certain minimum criteria regarding approval for equipment testing organizations.
Section 82,160(b)(4) states: [t]he organization must describe its program for verifying the performance of
certified recycling and recovery equipment manufactured over the long term, specifying whether retests or
inspection of equipment at manufacturing facilities will be used." If an EPA-approved testing organization
requires equipment to be retested annually or quarterly this does not violate the criteria for EPA's approval of the
testing organization.
A manufacturer must have an EPA-approved testing organization retest or inspect their equipment "at least" once
every three years, under §82.158(j). This requirement is on the manufacturer, not on the testing organizations.
This does not affect the frequency of retesting required for approval of a testing organization. Rather, this
provision sets a minimum standard for required retesting, once equipment is certified, EPA may appropriately
approve an equipment testing organization that requires more frequent retesting for continued certification. Once
EPA has approved a testing organization, the organization's decisions determine whether is or is not certified.
unless EPA determines otherwise.
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United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 • Refrigerant Recycling
RECORD NUMBER 53 7''24'95
KEY WORDS non-condensable purge
REFERENCES 82.154(a)
Determination #15
QUESTION Do the regulations permit purging refrigerant cylinders for the purpose of removing gases that are not refrigerant
vapor?
RESPONSE See Determination #15
RECORD NUMBER
54
8 895
KEY WORDS
sampling
hose connection
REFERENCES 82.152(z)
82.161
QUESTIONS How does EPA Applicability Determination No. 25 apply to PGDP's CFC-! 14 sampling activities''
Does the certified refrigerant technician provision apply to sampling activities conducted by laboratory personnel
to determine cascade refrigerant system moisture content?
Does the certified refrigerant technician provision apply to hose connection activities for railcar refrigerant
transfer to cascade refrigerant systems?
RESPONSE In keeping with EPA Determination No. 25. PGDP's sampling activities meet the requirements of minimal
refrigerant release; however the sampling must be performed by certified technicians. Section 82.1S2(z) defines
technician as: "Any person who performs maintenance, service, or repair that could be reasonably expected to
release class I or class II refrigerants from appliances..." Sampling is considered maintenance.
The attaching and detaching of hoses could be reasonably expected to release refrigerant; therefore, these
activities are subject to the regulations. However, if maintenance personnel attach/detach hoses that have been
properly evacuated by certified technicians and the maintenance personnel are not involved in the actual
refrigerant transfer, and there is no reasonable risk of release of refrigerant, the maintenance personnel are not
subject to Section 82.161 (technician certification).
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United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER
55
3.'19/96
KEY WORDS
venting prohibition
radioactive waste
REFERENCES §608(c)(l)
§82.I54(a)
QUESTION A request for an exemption to the Section 82.154(a) no venting prohibition. A analytical laboratoy has four
waterbaths which need to be replaced. The waterbath units are housed in shielded glovebox cells which are
highly radioactive, with each unit containing 180 grams of R-12 for a total of 720 grams(1.5lbs). If existing bath
units are removed wit the refrigerant intact they cannot be handled as radioactive waste and sent to the buriel
grounds. The alternative is to vent the refrigerant through facility stacks, which are equipped to filter the
radioactive material, so there is no release of radioactivity to the environment.
RESPONSE Section 608(cMl)of the Act states that in part, "Effective July I, 1992, it shall be unlawful for any person in the
course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration, to
knowingly vent or otherwise knowingly release or dispose of any class I or class II substance used as a refrigerant
in such appliances...in a manner which permits such substance to enter the environment." The Agency
understands, however, that the alternative to your proposal is 10 package the units to minimize radiation and siore
them in the laboratory facility potentially exposing personnel. Therefore the Agency is permitting your proposal
of venting the refrigerant through facility stacks.
In making this determination the EPA assumes that the release is both small and unavoidable. If EPA determines
that a person has released an excessive amount of refrigerant or that the release refrigerant was avoidable such
person will be in violation of the Section 82.154(a) prohibition.
RECORD NUMBER 56 4 25 96
KEY WORDS intention venting
military applications
REFERENCES
QUESTION The Peacekeeper Intercontinental Ballistic Missile weapon system uses CFC-I2. the appiication is a specifically
designed mechanism used for military purposes only, the unit has been modified to use HCFC-I34a, both
refrigerants are intentionally vented into the atmosphere during operations. What are the implications of this
intentional venting?
RESPONSE The military applications you described are not considered commercial applications and are therefore not subject
to the regulations. However, we encourage the Air Force to continue seeking alternatives to and reductions in
CFC/HCFC releases.
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riHa
/ ^L v
United States
Environmental Protection
Agency
Office of Air and Radiation 1
Stratospheric Protection Division 1
6205J I
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 5? May. 1996
KEY WORDS technician certification
REFERENCES §82.161
QUESTION Can inmates in the Texas State Prison system perform maintenance or repair on an appliance without being
certified if the work is being performed under the supervision of a certified technician?
RESPONSE No. §82.16! states. "Effective November 14. 1994. persons who maintain, service, or repair appliances...must be
certified by an approved technician certification program. The regulations do not grant any exemptions from the
requirement that a person who maintain, service or repair appliances be certified.
However, the Slate's prison system can apply to the Agency to become an EPA approved technician certification
program, in which case the inmates can be properly trained and become certified technicians.
RECORD NUMBER 58 May. 19'
KEY WORDS venting from container
REFERENCES S2.154(a)
QUESTION Would venting freon from a container be subject to the 608 rule?
RESPONSE Section 82.154(a) states; "Effective June 14. 1993, no person maintaining, servicing, repairing, or disposing of
appliances may knowingly vent or otherwise release into the environment any class 1 or class 11 substance used as
refrigerant in such equipment." There is no such prohibition for venting refrigerant from a container. However.
we encourage vou to seek alternatives to and reductions of CFC releases.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 59
KEY WORDS disposal
appliance
REFERENCES 82.156(0
QUESTION There are instances in which small appliances. MVAC and MVAC-like appliances (hereafter referred 10 as
"appliances") arrive at a disposal facility and the disposal facility is uncertain whether EPA would consider these
appliances subject to the disposal regulations of 82.154(fj. Would the following circumstances result in
appliances facing subject 10 the safe disposal regulations:
(1) an appliance in which some components of the refrigerant system have been removed;
(2) a disposal facility receiving portions of the refrigerant system (i.e.. compressor)
(3) an appliance in which the entire refrigerant system has been removed; or
(4) an appliance which has previously been through a process in which refrigerant would have been released or
recovered.
RESPONSE Section 82.156(0(2) states that persons who take the final step in the disposal process must either recover
remaining refrigerant or verify that refrigerant has been evacuated previously. Such verification must include a
signed statement from the person from whom the appliance is obtained that all refrigerant that had not leaked
previously has been recovered from the appliance. This statement must include the name and address of the
person who recovered the refrigerant and the date the refrigerant was recovered, or rather than a certification
statement, a person may obtain a contract stating that one party has the responsibility to remove refrigerant from
the equipment before delivery.
The circumstances presented in the questions above have been addressed previously in Applicability
Determination <*8 dated August 6. 1993. In the Applicability Determination. EPA responded to the question of
how "disposers comply with verification requirements where the refrigeration unit must have been removed from
the appliance prior to delivery of the appliance." EPA stated that "(i]f such appliance contain several different
components, and the component responsible for the refrigeration can be isolated and removed from the rest of the
appliance, then the remaining parts are no longer subject to the requirements of the regulation in that they no
longer contain a class I or class II substance used as a refrigerant." The answer provided in Applicability
Determination #8 can be applied to the first and second questions presented above.
(1) An appliance in which some components of the refrigerant system have been removed: If a disposal facilin.
receives an appliance in which some of the components of the refrigerant system have been removed (i.e. the
compressor), EPA believes that these types of appliances are subject to the safe disposal regulations. As stated m
Applicability Determination »8. if the components can be isolated and removed then the remaining parts are no
longer subject to the safe disposal regulations. In the scenario presented above, portions of the refrigerant svstem
remain in the appliance and the components have not been isolated and removed. Therefore, the appliance
continues to meet the regulatory definition of an appliance as a device which contains or uses a class 1 or class II
refrigerant. Therefore, an appliance with portions of the refrigerant system remaining are subject to the safe
disposal regulations.
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United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
(2) A disposal facility receiving portions of the refrigerant system (i.e., compressor)
If a disposal facility receives the refrigerant system (i.e., the compressor) rather than the appliance shell, EPA
believes that the refrigerant system is an appliance as it is a "device which contains or uses a class 1 or class II
substance as a refrigerant". Therefore, the person who takes the final disposal in the disposal of the refrigerant
system must comply with the safe disposal requirements.
(3) An appliance in which the entire refrigerant sytem has been removed
If disposal facility receives an appliance in which the entire refrigerant system has been removed, EPA believes
chat these appliances are not subject to the safe disposal regulations. They are no longer appliances which contain
or use a refrigerant. However, if the disposal facility is not certain that the entire refrigerant system has been
removed or has no basis to believe that the appliance is an empty shell, then the facility should obtain a
verification statement.
(4) An appliance which has previously been through a process in which refrigerant would have been released or
recovered.
If a disposal facility- receives an appliance which has been put through a process which refrigerant would have
been released or recovered previously(i.e.. crushing), EPA believes that these appliances are no longer subject to
the safe disposal regulations. If an appliance has been crushed or no longer resembles an appliance in its
manufactured state than it no longer meets the regulatory definition. The person responsible for compliance with
the safe disposal regulations is the entity upstream which conducted the process where the refrigerant was released
if not properly recovered.
RECORD NUMBER 60 August 15. 1996
KEY WORDS surplus oil
REFERENCE 82.156(2)(i)(c)
QUESTION Does the draining of surplus oil from a chiller (i.e., approximately 10% of the system's total oil capacity without
(1) the chiller having been evacuated to Spsig, or (2) a system receiver having been employed, nonetheless
comply with the regulations, given that only a very small amount of refrigerant would be released?
Does the use of a portable receiver, as opposed to a system receiver that is a integral component of the chiller,
meet the requirements of the regulations?
RESPONSE The removal of approximately 10% of the oil in a chiller system and the amount of refrigerant entrained in that oil
would not be considered a "de minimis" release and therefore would be subject to the required practices set forth
at82.156(2)(i)(c).
The use of portable receiver would satisfy the regulations.
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United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 61 October 11. 1996
KEY WORDS Refrigerant Trailer
REFERENCES Preamble 58 Fed. Reg. 2S665
QUESTION What Section of the CFC regulations does "Refrigerant Trailers" fail ynder and if repair workers (inmates) are
required to be certified?
RESPONSE The preamble (58 Fed. Reg, 38665) of Section 608 regulations list "Transport Refrigeration" as one of the major
categories of equipment that will be affected by the 608 rule. "Transport Refrigerant consist of refrigerant ship
holds, truck trailers, railway freight cars and other shipping containers," "Effective November 14. 1994. persons
who maintain, service, or repair appliances...must be certified by an approved technician certification program,
Section 82161." If repair workers (inmates) are maintaining, servicing or repairing refrigerated trailers they must
be certified.
RECORD NUMBER 62 December 2. 1996
KEY WORDS cylmder
valve replacement
REFERENCES 82,154
QUESTION Background: An individual or company wishes to perform work on a cylinder (such as valve replacement, internal
inspection or Department of Transportation mandated hydrostatic retesting) which would involve the discharge of
any residual refrigerant i nthre cylinder into the atmosphere. What preparation must be done in terms of
refrigerant removal from the cylinder before this cylinder work can be done? Is prior recovery of the refrigerant
from the cylinder down to atmospheric pressure sufficient? If not, what level of vacuum would be re-—-red?
RESPONSE The Agency would not consider opening of a cylinder at or below atmospheric pressure a violation 01 the Section
82.154 prohibition, Therefore, recovering refrigerant down to atmospheric pressure is sufficient.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 63
December 2, 1996
KEY WORDS
Space shuttle
Venting
REFERENCES 82.154
-------
United States Office of Air and Radiation
Environmental Protection Stratospheric Protection Division
Agency 6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 65 December 2. 1996
KEY WORDS cylinder opening
REFERENCES 82,154
BACKGROUND/QUESTION
An individual or company wishes to perform work on a cylinder (such as valve replacement, internal inspection or
Department of Transportation mandated hydrostatic testing) which would involve the discharge of any residual
refrigerant in the cylinder into the atmosphere- What preparation must be done in terms of refrigerant removal
from the cylinder before this cylinder work can be done? Is prior recovery of the refrigerant from the cylinder
down to the atmospheric pressure sufficient'1 If not. what level of vacuum would be required'1
RESPONSE The Agency would not consider opening a cylinder at or below atmospheric pressure a violation of the Section
82.154 prohibition. Therefore, recovering refrigerant down to atmospheric pressure is sufficient.
RECORD NUMBER 66 December 19. 1996
KEY WORDS radioactive contaminated nuclear dehumidifiers
venting
REFERENCES 608 (c)(!)
82.154(a)
BACKGROUND/QUESTION
Disposal of 6 nuclear contaminated dehumidifiers containing 8 ounces of R-12 refrigerant each. In recovering the
refrigerant under Section 608 the containens) would become radiation contaminated thereby creating radioactive
waste and would expose workers to radiation. The facility- would like to vent the refrigerant from nuclear
radioactive contaminated equipment. All and any venting will be done in a containment which is equipped with a
high efficiency paniculate filtering system.
RESPONSE Section 608(c)(l) of the Act states in pan, "Effective July 1.1992. it shall be unlawful for any person in the course
of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration, to knowingly
vent or otherwise knowingly release or dispose of any class I or class II substance used as a refrigerant in such
appliance...in a manner which permits such substance to enter the environment." The Agency understands.
however, the alternative to this prohibition is to create radioactive waste and expose workers to radiation. The
Agency is therefore permitting the venting of the six (6) nuclear contaminated dehumidifiers through paniculate
filtering system.
In making this determination the EPA assumes that the release is unavoidable. If EPA determines that the
released refrigerant was avoidable, such release will be in violation of the Section 82.154(a) prohibition.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 67 April 15, 1997
KEY WORDS industrial process
REFERENCES F.R., Volume 58. No, 92, 5 14 93 Page 28666
BACKGROUND/QUESTION
Would a AMS York Chiller used to provide temperature and humidity-controlled air to clean rooms in which
medical devices are made be classified as "industrial process refrigeration"?
RESPONSE In accordance with Federal Register, Volume 58, No. 92. May 14, 1993, Page 28666 of the Preamble: -the
industrial process refrigeration identified sector includes ice machines and ice rinks, as well as many complex.
customized systems...equipment in this sector is often critical to the continuous production of valuable materials *"
in your particular case, the unit is being used to provide temperature and humidity-controlled air to clean rooms
and are not critical to the continuous production of a valuable material; therefore the unit is not subject to
industrial process amendment.
RECORD NUMBER 68 November T. 19>
KEY WORDS R-22
time/rate of expulsion
REFERENCES 82.154(n)(l)
82.161
BACKGROUND/QUESTION
Your letter reads in pan, "my client,..sustained injuries to his hand, arm and chest from SR-22 (commonly known
as R-22]. In order to fully explain and/or demonstrate the properties of SR-22. we need to have certain tests
performed., .[time the rate of expulsion and to demonstrate how quickly the water will freeze] my request is that
my expert and'or myself be permitted to purchase several containers of SR-22 and perform only the test
described..."
RESPONSE Section 82.154(n)(l) states. "Effective November 14.1994 no person may sell or distribute, or offer for sale or
distribution, any class I or class II substance for use as a refrigerant to any person unless: the buyer has been
certified as a...technician pursuant to §82.161." The Agency believes that the test you propose to perform will
yield no new or compelling information. It is general knowledge that all refrigerant gases and liquids freeze upon
expulsion. Finally, we would refer you to Material Safety Data Sheet (MSDS) that are required to accompany ail
chemicals. The MSDS provides chemical composition, safe handling procedures and emergency/medical
response information. Given these factors the Agency is denying your request for exemption under
§82.I54(nXI).
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United States Office of Air and Radiation
Environmental Protection Stratospheric Protection Division
Agency 6205J
Applicability Determination
Section 608 - Refrigerant Recycling
RECORD NUMBER 69 April 29. 1998
KEY WORDS refrigerant holding cylinders
leak detection
REFERENCES 82.156
BACKGROUND/QUESTION
1) Does the EPA mandate the refrigerant holding cylinders or tanks be on-site and in quantity to recover the
largest individual system charge in a building? Is so, please indicate which section speaks to this specifically
2) If the answer to the above questions is "No" and at some point in time a leak is identified, what is the maximum
number of days that are allowed before reclaim cylinders and or tanks are to be on site and the refrigerant
reclaimed from the leaking system? Again, please indicate the sections that covers this issue.
3) Does the EPA have any jurisdiction regarding reclaim cylinders or tanks and if so to what degree1
RESPONSE In response to your first and third questions, the answer is no. The requirements set forth at 40 CFR Part 82
Subpan F do no "mandate that refrigerant holding cylinders or tanks be on-site and in quantity'..." nor does EPA
regulate cylinders or tanks. However, the Department of Transportation (DOT) does regulate the transport of
refrigerant and their containers (e.g., cylinders, tanks). We would advise you to contact DOT for specific
information regarding those requirements. In response to question two, 40 CFR Pan 82. Subpan F. §82-156
states, "owners of equipment with charges of greater than 50 pounds are required to repair leaks in the equipment
when those leaks together %vould result in the loss of more than a certain percentage of the equipment's charger
over a year (I2months)." The regulations require that leaks be repaired within 30 days of discovery,
RECORD NUMBER 70 July 20. 1998
KEY WORDS technician ..igibility
REFERENCES 40 CFR Part 82. Subpart F
BACKGROUND/QUESTION
What is the EPA's policy regarding a test candidate's eligibility for certification as an EPA Refrigeration
Technician if they have been caught cheating on an EPA test?
RESPONSE The regulations which implement §608 do not establish guidance/policy regarding a test candidate's eligibility for
certification if they have been caught cheating on an exam. However, the Agency would take the position mat an
individual "caught cheating" during the EPA §608 technician certification exam should be allowed to retest.
Presumably, when the individual was discovered cheating they forfeited the required test fee and would be
expected at retesting to pay the program's fee again; this should serve as an economic deterrent. Nevertheless, if
an individual previously caught cheating is allowed to retest, the proctor should be advised to pay particular
attention to assure that the individual does not cheat again.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 609 - Motor Vehicle Air Conditioning
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER i June 1993
KEY WORDS small can; containers; sale; suitable
REFERENCES Clean Air Act. §609
QUESTION: Are the products Leak Finder, which contains ten ounces of CFC-12 and two ounces of red dye; Oil Charge,
which contains two ounces of CFC-12 and two ounces of oil; and Leak Stop, which contains two ounces of
CFC-12 and two ounces of seal rejuvenator, covered under the small container sales restriction in 42 U.S.C.
Section 767 Ih, Section 609(e) of the Clean Air Act. as amended and the Motor Vehicle Air Conditioning Rule 57
Federal Register 31241, 31263 (to be codified at 40 C.F.R. Pan 82 subpart B).
RESPONSE: Section 609(e) of the Clean Air Act as amended states that "Effective November 15. 1992. it shall be unlawful for
any person to sell or distribute, or offer for sale or distribution, in interstate commerce jo any person (other than a
person performing service for consideration on motor vehicle air conditioning systems in compliance with this
section) any class I or class I! substance that is suitable for use as a refrigerant in a motor vehicle air conditioning
system and that is in a container which contains less than 20 pounds of such refrigerant," Leak finder, which
contains ten ounces of CFC-12 and two ounces of red dye could be used to charge a motor vehicle air conditioner.
For this reason it fails within the definition of "suitable for use as a refrigerant in a motor vehicle air conditioner/'
The sale of this product is restricted to certified technicians after November 15. 1992. The other two products Oil
Charge, which contains two ounces of CFC-12 and two ounces of oil and Leak Stop, which contains two ounces
of CFC-12 and two ounces of seal rejuvenator would not be "suitable for use as a refrigerant in a motor vehicle air
conditioner." Neither product could be used to charge an air conditioning system. They would fill the system with
too much oil or seal rejuvenator. respectively, for the system to operate properly. Therefore, the sale of these
products are not restricted under Section 609(e) of the Clean Air Act as amended or the Motor Vehicle Air
Conditioning Rule.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 609 - Motor Vehicle Air Conditioning
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 2 November 1993
KEY WORDS sales restriction; small cans
REFERENCES 40 CFR §2.34(b)
QUESTION: Do the regulations implementing section 609 allow for the sale of containers containing less than twenty pounds
of R-12 to non
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 610 - Ban on Nonessential Uses
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation
RECORD NUMBER I
KEY WORDS spray dusters; waste products; cleaning fluids
REFERENCES 40 CFR 82.66(b)
QUESTION:
June 1993
RESPONSE:
Are CFC-containing spray dusters used for cleaning electronic equipment, which have been
designated as waste and are destined for a waste disposal facility, subject to the section 610
ban?
More generally, is CFC-containing waste subject to the section 610 ban?
Spray dusters used for cleaning electronic and photographic equipment which contain a CFC
and which are not sold to a commercial purchaser are identified in §82.66(b) as being
nonessential and banned from sale and distribution in the United States. However, the dusters in
question are a waste product and would be sent to a waste disposal facility for destruction. These
dusters no longer meet the definition of "product" as defined in the regulation ("an item or
category of items manufactured from raw or recycled materials w-hich is used to perform a
function or task") since they are no longer used to perform a function or task. They are therefore
not subject to the section 610 ban. If, however, the dusters are not destroyed but are sold.
distributed, or offered for sale or distribution as spray dusters, they would be subject to the
section 610 ban.
Generally, waste products are not subject to the section 610 ban because they do not meet the
definition of "product."
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
620SJ
Applicability Determination
Section 610 - Ban on Nonessential Uses
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 2 June 1993
KEY WORDS cleaning fluids; mail order; warning sign; commercial identification number
REFERENCES
QUESTION:
RESPONSE:
40 CFR 82.62(b)
40 CFR 82.68
How does a compally which sells electronic and photographic cleaning fluids exchisively by
mai! order comply with the requirements of the section 610 regulations that such cleaning tiuids
only be sold to commercial entities and that a warning sign be prominently displayed stating that
it is a violation of federal law to sell such fluids to noncommercial users of these products?
In order to satisfy the requirement that a sign be prominently displayed the language of the sign
must appear with the product infonnation in any sales catalogs or product literature. In addition
the language must also appear on the mail order form which customers use to place orders. If the
order is placed over the phone the sales representative must inform the customer of the sales
restriction using the language of the sign.
In order to verify the commercial status of the purchaser the order form must contain a space for
the purchaser to enter his or her identification number as specified in section 82.62, If the order
is placed over the phone the sales representative must record the commercial identification
number with the order information. Sellers of affected products may keep the commercial
identification number on file for the convenience of their customers who place subsequent
orders.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
620SJ
Applicability Determination
Section 610 - Ban on Nonessential Uses
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 4
March 1994
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
bulk containers: product; Oil Charge
§610 Preamble 4790
Oil Charge is a product used in the automotive industry. This product contains CFC-12 in
addition to other substances and is used to add additional lubricant to motor vehicle air
conditioners (MVAC), Is this product subject to the nonessential product ban?
Pursuant to the Preamble, page 4790, bulk containers of controlled substances are not subject to
the nonessential product ban. It is the Agency's determination that Oil Charge is a bulk
container, not a product, and is therefore not subject to the ban. The term "bulk container" is nr
defined in the regulation. However, in letters interpreting the rule, the Agency has stated that
controlled substances or mixtures which are applied or sprayed directly from a container onto an
object are not bulk containers of controlled substances, but rather are products. Oil Charge is a
mixture of CFC-17 and lubricants. Oil Charge is transferred from its container into an MVAC
where the lubricant flows through the MVAC, becoming part of the use system with the
CFC-12. Once introduced. Oil Charge continues to move through the system to perform its
function in the MVAC until it leaks out or is removed. Oil Charge is a bulk container because it
must be transferred to a piece of equipment where it functions continually in order to realize its
intended use. It is. therefore, not subject to the nonessential product ban.
SUPERSEDES DETERMATION NUMBER 3
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 610 - Ban on Nonessentiai Uses
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 5
March 1994
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
bulk container, product. Leak Stop
§610 Preamble 4790
Leak Stop is a product used in the automotive industry. This product contains CFC-12 in
addition to other substances and is used to plug ieaks in motor vehicle air conditioners (MVAC).
Is this product subject to the nonessential product ban?
Pursuant to the Preamble, page 4790, bulk containers of controlled substances are not subject to
the nonessential product ban. It is the Agency's determination that Leak Stop is a product, not a
bulk container, and is therefore subject to the ban. The term "bulk container" is not defined in
the regulation. However, in letters interpreting the rule, the Agency has stated that controlled
substances or mixtures which are applied or sprayed directly from a container onto an object are
not bulk containers of controlled substances, but rather are products. Leak Stop is a mixture of
CFC-12 and other agents which plugs small leaks in motor vehicle ajr conditioners. This
mixture is applied from its container to the interior surface of the MVAC where the Leak Stop
performs its function by adhering to the surface and stopping a leak. Because it is sprayed
directly from a container onto the interior surface of the system where it adheres, rather than
continuing to circulate as part of the system, Leak Stop is a product and not a bulk container.
SUPERSEDES DETERMATION NUMBER 3
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 610 - Ban on Nonessential Uses
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 6
March 1994
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
bulk container, product. Leak Finder
Preamble 4790, 40 CFR 82.64(c)
Leak Finder is a product used in the automotive industry. This product contains CFC-S2 in
addition to other substances and is used to locate leaks in motor vehicle air conditioners
(MVAC), Is this product subject to the nonessential product ban?
Pursuant 10 the Preamble, page 4790, bulk containers of controlled substances are not subject to
the nonessential product ban. It is the Agency's determination that Leak Finder is a product, not
a bulk container, and is therefore subject to the ban. The term "bulk container" is not defined ir
the regulation. However, in ieuers interpreting the rule, the Agency has stated that controlled
substances or mixtures which are applied or sprayed directly from a container onto an object are
not bulk containers of controlled substances, but rather are products. Leak Finder is a mixture of
R-12 and dye. It is injected into an MVAC in order to determine the location of leaks. As R-12
leaks out of the system, dye also escapes and colors the MVAC at the location of the leak.
Because Leak Finder is sprayed directly from a container into the MVAC system where it leaks
out to mark the leak, rather than continuing to circulate as pan of the system. Leak Finder is a
product and is subject to the nonessential product ban. Pursuant to section 82.64(c), on January
17, 1994, it became illegal to sell or distribute or offer for sale or distribution Leak Finder in
interstate commerce.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
I June 1993
product manuiactured with; product containing
40CFR82.l04(m)
Is a product manufactured with a glue which contains l,l,l-trichloroethane subject to the
labeling requirements of section 611 of the Clean Air Act as amended (the Act)?
More generally, are products which are manufactured with a product which contains a
controlled substance subject to the labeling requirements?
The regulations implementing section 611 define the term "manufactured with a controlled
substance" as meaning "that the manufacturer of the product itself used a controlled substance
directly i" "he product's manufacturing, but the product itself does not contain the controlled
substanc^ Jt the point of introduction into interstate commerce." It is the Agency's
determination that the use of a product which contains a controlled substance is identical to
using "a controlled substance directly in the product's manufacturing." This use of a product
which contains a controlled substance will or can lead to an emission of a controlled substance
during the manufacture of a subsequent product. Consumers of this product should be made
aware of this emission through the use of the mandated warning label. Therefore, products
which are manufactured with a product which contains a controlled substance are required to
bear warning labels pursuant to the section 611 regulations which state, "WARNING:
Manufactured with [insert name of substance], a substance which harms public health and
environment by destroying ozone in the upper atmosphere." Given this determination, products
which are manufactured with a glue which contains 1,1,1-trichloroethane must bear the
mandated warning label.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 • Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 2
KEY WORDS carbon tetrachioride; chlorine; vinyl chloride
June 1993
REFERENCES
QUESTION:
RESPONSE:
40CFR82.104(m)
40CFR82.l04(u)
Chlorine and vinyl chlorine are produced in processes which use carhon tetrachioride. The
carbon tetrachioride is consumed in the production of hydrochloric acid in a subsequent
manufacturing process. Does this chlorine or vinyl chloride manufactured using carbon
tetrachioride require a warning label if the carbon tetrachioride is transformed subsequent to the
production of the chlorine or vinyl chloride?
Section 82.104(m) of the regulation defines the term "manut'actured with a controlled
substance." This definition specifically excludes, in 82.l04(m)(3), those products in which the
controlled substance which was used in the manufacturing process "has heen transformed.
except for trace quantities." The term "transformed" is defined in section 82.104(u) as "to use
and entirely consume a class I or class II substance, except for trace quantities, by changing it
into one or more substances not subject to this subpan in the manufacturing process of a product
or chemical." It is EPA's position that the transformation muct take place at the same facility as
the production of the substance in question for the 82.104(m)(3) transformation exemption to
apply.
After the production of chlorine, the carbon tetrachioride is consumed in the producton of
hydrochloric acid. Hydrochloric acid is not subject to the section 611 regulations. The carbon
tetrachioride is therefore "transformed" within the meaning of section 82.104{u). Since the
carbon tetrachioride is transformed at the same facility at which chlorine is produced, any
chlorine produced using this carbon tetrachioride is exempt from the labeling requirements
because of the transformation exemption in section 82.104(m)(3). Therefore, such chlorine need
not bear the mandated warning label if the carbon tetrachioride which is used in the production
of the chlorine is subsequently transformed within the meaning of section 82,104(u),
As for vinyl chloride, since the carbon tetrachioride which is used in the production of vinyl
chloride is subsequently transformed within the meaning of 82.104(u), such vinyl chloride need
riot bear the mandated warning label.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 3
June 1993
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
solvent; residue; trace quantity
40CFR82.lQ6(bXI)
Does a non-ozone depleting solvent which becomes contaminated by controlled substances have
to bear a warning label?
Section 82.106(a) requires that products containing class I substances bear warning label unless
exempted in section 82.106(b). Section 82.106(bXI) exempts "{pjroducts in which trace
quantities of a controlled substance remain as a residue or impurity due to a chemical reaction.
and where the controlled substance serves no useful purpose in or for the product itself."
It is EPA's determination that a solvent which is not itself a controlled substance but which
through use becomes contaminated with trace quantities of controlled substances does meet the
requirement of the section 82.106{bX I) exemption. The controlled substance in this case
remains in the solvent as a residue fron, the chemical reactions involved in cleaning other
products. The controlled substance also serves no useful purpose in the solvent as the solvent
functions as a cleaning agent in and of itself. Therefore, solvents which become contaminated
with trace quantities of controlled substances need not bear the warning label mandated by
section 82.I06(a) of the regulations.
If EPA determines that more than trace quantities of a controlled substance have been
introduced into the solvent and such solvent does not bear the warning label required by section
82.!06(a), the manufacturer of such solvent may be subject to penalties up to $25,000 for each
container of solvent not labeled.
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United State*
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
F&t
Applicability Determination
Section 611 - Product Labeling 1
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD'NUMBER 4
June 1993
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
contractor; manufactured with
40CFR82.104(m)
A manufacturer produces products which are sent to a contractor not controlled by the
manufacturer for additional processing. The products are then returned to the primary
manufacturer who completes the manufacturing process and then offers the products for sale.
The primary manufacturer does not use class 1 substallces in its manufacturing processes. The
contractor does use class I substances. Must the primary manufacturer label such products as
having been manufactured with a class I substance?
It is EPA's determination that work which is performed for the primary manufacturer under
contract by another company is part of the manufacturing process of the product of the primary
manufacturer because the primary manufacturer does not relinquish its ownership of the product
when the product is sent to the contractor. If a company contracts out pan of the manufacturing
process of a product and the contractor uses a class I substance in the manufacturing process,
then that product meets the definition of "manufactured with a controlled substance" and
requires the mandated warning label at the point of introduction into interstate commerce, even
though the class 1 substance was used at the contractor's facility and not at the primary
manufacturing facility. The primary manufacturer must therefore ensure that products so
manufactured are labeled when they are introduced into interstate commerce.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 5
June 1993
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
reduced use exemption, subsidiary
4QCFR82.1Q6(bX2)
Can a subsidiary of another company apply for the 95% reduced use exemption based its use of
methyl chloroform or CFC-l 13 independent of its parent company?
The answer to this question is yes. Subsidiaries may qualify for the reduced use exemption
independent of the parent company's use of methyl chloroform or CFC-l 13. However, the
parent company would then be precluded from including its subsidiary's use of methyl
chloroform and CFC-l 13 for the purposes of calculating its use reduction.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation
RECORD NUMBER 6
KEY WORDS rebuilt part; product; manufacture; manufactured with; repair
June I993
REFERENCES
QUESTION:
RESPONSE:
40CFR82.104(m)
40CFR82.l04(r)
40CFR82.106(hX4)
58 FR 8152
Certain products are rebuilt using controlled cubstances and are then sold in interstate
commerce. Is a rebuilt part one which is "manufactured with a controlled substance" as defined
in §82,104(m)? Do rebuilt parts fall within the exemption for repaired or used parts allowed in
§82.106(b)(4)?
The term "manutactured with a controlled substance" is defined to mean "that the manufacturer
of the product itself used a controlled substance directly in the product's manufacturing.,.." The
term "manufacturing" is not defined in the regulation but is assumed by the Agency to mean the
act of making into a product suitable for use. "Product" is defined in section 82.104(p) as "an
item or category of items manufactured from raw or recycled materials, or other products which
is used to perform a function to task." (Emphasis added.) Given these definitions, rebuilt pans
do fall within the definition of manufactured with a controlled substance.
In answer to the second question, the exemption from the labeling requirements in section
82,106(bX4) reads as follows: "'Products that are otherwise not subject to the requirements of
this subpart that are being repaired, using a process that uses a controlled substance" need not
bear a warning label. It is the Agency's determination that rebuilt parts do not qualify for this
exemption. This "repair" exemption is assumed by the Agency to apply only to products which
do not change ownership. Section E of the preamble, page 8152, states in part, "EPA believes
that a product undergoing repair is not being introduced into interstate commerce. The ultimate
consumer already owns the product and therefore the warning statement is unwarranted."
(Emphasis added.) Rebuilt parts which are sold to another consumer are not eligible for the
"repair" exemption because they change ownership. Given this determination, parts which are
rebuilt using class I substances for resale in interstate commerce are products manufactured with
a controlled substance and must bear the warning label as mandated by section 82.106(a).
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER ?
June 1993
KEY WORDS
QUESTION:
RESPONSE:
scrap
Are scrap processors and recyclers required to place labels on processed scrap?
Also, may scrap processors remove any warning labels which accompany scrap during the scrap
processing?
In answer to the first question, insofar is the processing of the scrap does not entail the use of a
class 1 substance and the scrap does not contain a class I substance, such labels are not
necessary.
In answer to the second question, the products and containers from which the scrap comes have
already been introduced into interstate commerce. The regulations require warning labels only at
the point of introduction into interstate commerce. Since the scrap processing occurs after the
point of introduction into interstate commerce, scrap processors may remove the label from all
containers containing, products containing and products manufactured with ozone-depleting
substances.
In addition, section 608(cXl) of the Clean Air Act as amended makes it unlawful to knowingly
release a class I or class II substance in the course of disposing of an appliance or industrial
process refrigeration. Scrap processors must therefore ensure that ozone-depleting substances
have been removed from any appliances or industrial process refrigeration before they are
disposed of. The knowing release of a class I or class II substance is subject to penalties of up to
$25,000 for each violation.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 • Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 8
June 1993
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
container containing; waste; interstate commerce
Clean Air Act, §611 (b)
Do the labeling requirements apply to all waste products containing controlled substances or
only to those waste products which are sent off-site for disposal?
Only waste which is introduced into interstate commerce need bear a warning label Section
61 l(b) of the Clean Air Act states in part that "no container in which a class I or class II
substance is stored or transported ... shall be introduced into interstate commerce unless it bears
a clearly legible and conspicuous label...," Containers of waste which contain a controlled
substance need therefore only bear a warning label when they are introduced into interstate
commerce. Waste that is disposed at the same facility where it is generated need not be labeled.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 9
KEY WORDS waste; container containing; trace quantity
June 1993
REFERENCES
QUESTION:
RESPONSE:
40CFR82.l06(b)(t)
40CFR82.l04(p)
58FR8151
Does the exemption from the labeling requirements given to products which contain only trace
quantities of controlled substances apply to waste?
There is no trace quantity exemption tor waste. The trace quantity exemption, found at section
82.1 Q6(b)(l), reads, "Products in which trace quantities of a controlled substance remain as a
residue or impurity due to a chemical reaction, and where the controlled substance serves no
useful purpose in or for the product itself." This exemption applies only to products, as defined
in the regulation. Section 82.104(p) defines "product" as "an item or category of items
manufactured from raw or recycled materials, or other products, which is used to perform a
function or task." Waste is not a "product" in that it is not used to penonn a function or task-
Containers which contain controlled substance waste, in any concentration, must therefore be
labeled as containing a controlled substance pursuant to section 82.106(a) upon introduction
into interstate commerce. In addition, the preamble to the regulation, page 8151, states explicitly
that "EPA believes that such containers require a label...."
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 10
KEY WORDS automobile; Monronev label
June 1993
REFERENCES
QUESTION:
RESPONSE:
40CFR82.i08(c)
In the case of automobiles subject to the labeling requirements, may the warning statement
required by the regulation be included in the existing price and equipment specification label
(i.e., the Monronev label)?
The warning statement may appear on the Monronev label. Section 82.108(c) of the regulation
states that *t<]ne warning statement may be placed on a hang tag, tape, card, sticker, invoice, bill
of lading, supplemental printed material, or similar overlabeling that is securely attached to the
... product...." Placing the warning statement on the Monronev label would satisfy this
requirement. However, the Federal Trade Commission may have additional regulations
governing the contents or form of the Monroney label.
-------
United State*
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER II
KEY WORDS introduction into interstate commerce; Customs clearance
June 1993
REFERENCES
QUESTION:
RESPONSE:
40 CFR 82,104(1)
When must an affected product entering the United States at a point of U.S. Customs clearance,
be labeled?
Section 82.104(1) defines the entry point of a product into interstate commerce as, among other
locations, "the site of United States Customs clearance." The regulation does not specify if the
label must appear before or after Customs clearance. It is EPA's determination that affected
products or containers must be labeled before they leave the site of Customs clearance. They
mav, however, be labeled either before or after the actual time of Customs clearance.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 12
June 1993
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
trace quantity; product
4QCFR82.106{b)
Carbon tetrachloride is produced as an unintended by-product during a chemical reaction which
produces chloropyndine. This chioropyriidine is used as a feedstock in the production of other
chemicals which are subsequently introduced into interstate commerce. Prior to the production
of the other chemicals the carbon tetrachloride is removed from the production stream and any
residual carbon tetrachloride is removed from the end products. Must these products bear
warning labels as a result of the unintended production of carbon tetrachloride during their
manufacturing?
Section 82,106(bXl) of the regulation exempts from the warning label requirements "[pjroducts
in which trace quantities of a controlled substance remain as a residue or impurity due to a
chemical reaction, and where the controlled substance serves no useful purpose in or for the
product itself." The carbon tetrachloride is produced unintentionally in a chemical reaction. In
addition, the carbon tetrachloride is removed from the production stream and any residual
carbon tetrachloride is removed from the end products. Carbon tetrachloride is also not an
ingredient or active agent in the products but rather an impurity.
It is EPA's determination that products introduced into interstate commerce manufactured by
this process are exempt from the labeling requirements based on the section 82.106(b)(l)
exemption. This exemption is contingent upon two things. First, that no more than trace
quantities of carbon tetrachloride remain in the products, and second, that the carbon
tetrachloride serves no useful purpose in or for the products.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 13
June 1993
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
pass through;repackage
40CFR82.H6Ca)
An Electronics Company purchases a "mouse" device from a Vendor Company which uses an
ODS in its manufacturing process and which sells the mouse to the Electronics Company with a
section 611 warning label. The Electronics Company takes the mouse and repackages it into an
individual box. The mouse then is marketed as a separate product. Must the Electronics
Company retain the labeling information received with the mouse when it resells the device?
The answer to this question is yes. Section 82.116(a) of the regulation states that "{ejach
manufacturer or importer of a product incorporating another product to which §82. 102(a)(3), or,
(b)(2) applies, that is purchased from another manufacturer or supplier, is not required to pass
through and incorporate the labeling information that accompanies such incorporated product in
a warning statement accompanying the manufacturer's or importer's finished product." In this
case the moose is not incorporated into another product and the labeling information
accompanying the mouse may not be removed.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 14
June 1993
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
incorporate
40CFR82.116(a)
An Electronics Company purchases power cords from a Vendor Company which uses an ODS
in its manufacturing process and which sells the power cords to the Electronics Company with a
section 611 warning label. The Electronics Company markets a computer system consisting of
items such as a keyboard, monitor, and disk drive. An individual power cord purchased from the
Vendor Company is repackaged and sold as part of the Electronics Company's computer
system. The system could not operate without the power cord and, in fact, has been
manufactured with a plug designed to accommodate the specifications of the power cord. Must
the Electronics Company retain the labeling information received with the power cord when it
includes an individual power cord as part of a computer system? Does it make any difference it
the components of the computer system actually are packaged in separate boxes, as opposed to
one large box which contains ail components?
The answer to this question depends upon the nature of the cord and its connection 10 the
computer system. Pursuant to section 82.116(a), manufacturers are not required to pass through
the labeling information which accompanies a product made by another manufacturer if that
product is "incorporated" into different product. While the term "incorporate" is not defined in
the regulation, the Agency takes its meaning as "to unite or work into something already existent
so as to form an indistinguishable whole." Given this definition, a detachable power cord is not
"incorporated" into a computer system and a manufacturer of such a system is required to pass
through the labeling information which accompanies such a cord. If, however, the cord is
connected to the system in such a way as to be permanently affixed to the system, then the cord
has been "incorporated" and the labeling information need not be passed through. Also, given
this determination, it makes no difference if the components of a system are packaged separately
or together.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For farther
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 15
June 1993
KEY WORDS
QUESTION:
RESPONSE:
manufacture; product
An Electronics Company takes some silicon wafers manufactured using an ODS prior to May
15, 1993 and engages in additional manufacturing activity to coat and etch the wafers to the
specifications of Separate Company B, which will purchase the coated and etched wafers and
cut them into semiconductor chips tor sale to Separate Company C The silicon wafers were
completed and ready for shipment as products themselves before May 15, 1993. The coating and
etching activity engaged in by the Electronics Company occurs after May 15, 1993, but does not
involve ODS use. Must computer company apply a warning label to the coated and etched
wafers sold to Separate Company B?
The answer to this question is no. The use of the ODS occurred before May 15, 1993, and the
manufacturing of the original product (silicon wafers) was complete before May 15, 1993. The
additional manufacturing activity which occurs after May 15, 1993, constitutes the creation of a
new product in that the original product was complete and ready for shipment before the
addition activity. The manufacturing of the new product does not use a controlled substance and
therefore does not trigger the warning label requirement.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 • Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 16
June 1993
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
manufactured with; physical contact
4GCFR82.104{m)
An Electronics Company has a production operation which involves a polymer filling system.
At the end of each production run, the system lines are flushed with an ODS to prevent
plugging. Typically, the lines are flushed four times per 8 hours shift. Must a product
manufactured on this production operation bear a warning label?
The answer is no. Section 82.104(m) defines the term "manufactured with a controlled
substance" and specifically exempts, in subsection (1), those situations in which "a product has
not had physical contact with the controlled substance," The product does not come into conta
with the controlled substance in this case and is therefore not "manufactured with a controlled
substance within the meaning of section 82,104(m).
-------
United Statei
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 17
June 1993
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
mold release agent
58FR8146
An Electronics Company uses plastic injection molds ih its manufacturing process. As part of
the manufacturing process, the Electronics Company applies camauba wax suspended in an
ODS to the plastic injection molds. The frequency of the wax application varies from once per 8
hour shift to once per week depending on the specifications of the product being manufactured.
Must the Electronics Company apply a warning label to a product manufactured using these
plastic injection molds?
The answer to this question is yes. Such products do require warning labels. In this case the
products manufactured using the molds do come in contact with the ODS contained in the mold
release agent, and so do not qualify for the section 82.104(mXl) exemption. Neither do they
qualify for the section 82.l04(mX2) exemption because the mold release agent is used as a
routine part of the direct manufacturing process. In addition, the Preamble states, on page 8146,
"[M]old release agents that are applied on a regular and systematic basis in a manufacture
process would not be considered an incidental use of a class I substance." EPA believes that the
applications of mold release agents are not part of the maintenance of the equipment; rather,
they are a direct part of the product's manufacturing process. The frequency with which the
mold release agent is used does not alter the requirement such products be labeled.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 18
KEY WORDS manufacture; interstate commerce
June 1993
REFERENCES
QUESTION:
RESPONSE:
4QCFR82.1Q4(m)
An Electronics Company manufactures a complex telephone switching system. The Company's
manufacturing process for the system does not involve the use of an ODS; nor does the device
contain an ODS, The installation and start-up of the device requires the use of an ODS for
cleaning and degreasing. As part of the purchase price, the Electronics Company undertakes the
installation and start-up of the device at the purchaser's site. Must the Electronics company
apply a warning label to the device based on the use of an ODS during the installation and
start-up of the device?
The answer is no. The use of the ODS occurs after the product has been manufactured and
introduced into interstate commerce in that the device has already been purchased by the
ultimate consumer when the use of the ODS occurs. This use is part of a service provided by the
manufacturer, not part of the manufacturing process of the device. The device is not
manufactured with a controlled substance within the meaning of section 82.104(m) and does not
require a warning label.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 19
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
repair; interstate commerce
40CFR82.I06(b)(4)
A computer is repaired by cleaning it with an ODS after May 15, 1993, and is then returned to
its original owner. Also, a computer is repaired and resumed to its original owner after May 15.
1993. by installing a new transistor which was manufactured, also after May 15, 1993, using an
ODS. Do either of these repairs trigger the labeling requirements?
The answer is no. In both cases the computer is returned to its original owner. The computer is
therefore not introduced into interstate commerce and does not require a warning label. In
addition, section 82.106(b)(4) exempts "[p]roducts...that are being repaired, using a process that
uses a controlled substance."
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 20
KEY WORDS container; interstate commerce
June 1993
REFERENCES
QUESTION:
RESPONSE:
Clean Air Act §6ll(b)
An Electronics Company purchases a ten gallon drum of an ODS for use in its manufacturing
operation. The Electronics Company transfers the ODS from the dram to three squeeze bottles,
The bottles are refilled and never leave the Electronics Company facility. Must the Electronics
Company apply a warning label to the squeeze bottles?
The answer is no. Section 611(b) of the Clean Air Act requires warning labels on containers
which contain class I or cfass II substances only when such containers are introduced into
interstate commerce. Since the squeeze bottles never leave the facility at which they are filled
they are not introduced into interstate commerce and need not bear warning labels.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 21
June 1993
KEY WORDS
REFERENCES
QUESTION:
RESPONSE;
waste; container containing
40 CFR 82.104(d)
40CFR82.104(e)
An Electronics Company rises an ODS to clean electronics components in a circuit board
manufacturing process. The cleaning occurs by use of a cloth soaked with an ODS. An
individual cloth is used to clean ten components. The cloth then is deposited in a receptacle
adjacent to the manufacturing process. Subsequently, when the receptacle becomes filled with
used cloths, is sealed and sent off-site to a waste incinerator. Must the Electronics company
apply a warning label to the receptacle?
The answer depends on whether the receptacle still contains an ODS. All containers which
contain an ODS must bear the mandated warning label when they are introduced into interstate
commerce. If the cloth is still contaminated with the ODS, then the presence of the cloth in the
receptacle would trigger the labeling requirement. It the ODS has entirely evaporated from the
cloth, then the container need not be labeled. The section 82.106(b) trace quantity exemption
only applies to products manufactured with or containing controlled substances. It does not
apply to containers containing controlled substances. Containers containing ODS waste must be
labeled.
(see applicability determination number nine)
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 22
June 1993
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
waste; container containing
40CFR82.104(d)
40CFR82.104(e)
An Electronics Company uses a degreaser unit in its manufacturing process. The unit employs a
canister containing an ODS. As the ODS is used in the unit, it is recovered and deposited into a
second canister. Subsequently, when the second canister is full, it is detached from the unit and
consolidated with the contents ot other such canisters in a large drum. The drum then is sent off-
site to a waste handler. Must the Electronics Company apply a warning label to the drum when
it is sent to the waste handler?
The answer is yes. The drum contains a controlled substance and therefore becomes a "container
containing" a controlled substance within the meaning of sections 82.!04(d) and 82. 104(e).
Containers containing controlled substances must bear the warning label.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 23
KEY WORDS alternative placement; televised offer for sale
June 1993
REFERENCES
QUESTION:
RESPONSE:
40 CFR 82.108(c)
40CFR82.108(d)
An Electronics Company offers a home computer system via the Home Shopping Network, In
what manner may the Company place the warning statement under section 82.108?
Sections 82.108(c) and 82.108(d) allow for flexibility in the placement of the warning
statement. Section 82,108(c) states that the "warning statement may be placed on a hang tag,
tape, card, sticker, invoice, bill of lading, supplemental printed material, or similar overlabelirtg
that is securely attached to the ... product... or accompanies the product... through its sale to the
consumer...." Section 82.108{d) treats the case where a product is not viewed by the purchaser
at the time of purchase. Section 82.I08(dX2) states that the "warning statement may be placed
on the product, on its outer packaging, or on alternative labeling ... such that the warning
statement is clearly legible and conspicuous at the time of product delivery, if the product may
be returned by the purchaser at or after the time of delivery or if the purchase is not complete
until the time of delivery...." In all cases, however, the statement must physically accompany the
product. Televising the warning statement when offering the product for sale on television does
not meet the requirement that the statement be "securely attached to the ... product,"
"accompan[y] the product," or be "clearly legible and conspicuous at the time of product
delivery." If the warning statement is televised with the product, the statement must still be
attached to or accompany the product such that it is clearly legible and conspicuous when it
reaches the ultimate consumer.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
TJiis is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 24
June 1993
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
interstate commerce; alternative placement; transfer within company
40 CFR 82.i08(c)
An Electronics Company manufacturers a product with a process that uses an ODS after May
15, 1993. The product then is transferred to another division of the Electronics Company for use
as a component in a final product. In what manner may the Electronics Company provide the
warning label information when the product manufactured by one division is transported to the
other division through "interstate commerce?"
Section 82.108(c) allows for alternative placement of the warning label. The requirements of
this section are satisfied as long as the warning statement accompanies the product. The
statement may appear on the product, its outer packaging, or any supplemental printed material
which physically accompanies the product.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For farther
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 25
June 1993
KEY WORDS
REFERENCES
QUESTION;
RESPONSE:
chlorine; incorporation
40 CFR 82.112(c)
Chlorine is manufactured with a controlled substance within the meaning of section 82.104(m)
of the regulation. Such chlorine would have to bear a warning label pursuant to section
82.106(a) upon introduction into interstate commerce. This chlorine is used as feedstock in the
production of other chemicals. Does this constitute "incorporation" of the chlorine into those
other chemicals? Do the other chemicals require warning labels?
It is EPA's determination that the use of chlorine in the production of other chemicals is
"incorporation" of the chlorine. "Incorporate," while not defined in the regulation, is taken by
the Agency to mean "to unite or work into something already existent so as to form an
indistinguishable whole." Given this determination, products manufactured using a process in
which labeled chlorine is incorporated must bear warning labels. However, pursuant to section
82,112(c), manufacturers of such chemicals may remove the warning label if the chlorine was
purchased from another manufacturer.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For farther
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 26
KEY WORDS intermittent use; direct manufacturing process
September 1993
REFERENCES
QUESTION:
RESPONSE:
40CFR82.l04(mXl)
Products are manufactured using a stencil mask in screen printing. This mask is used to place
solder on the surface of a circuit board. The mask must be cleaned periodically (about one time
per nine hour shift) using l,l,i-trichloroethane. Must the products manufactured with this
screen must bear warning labels?
The answer to your first question is no. The term "manufactured with a controlled substance" is
defined in §82.104(m) of the regulation. Section 82.104{m)(1) specifically excludes from the
definition those situations where "a product has not had physical contact with the controlled
substance." In this case, the screen is cleaned and comes into contact with a controlled
substance but the circuit boards do not. These circuit boards need therefore not bear warning
labels.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 27
KEY WORDS incidental contact use; spot cleaning
REFERENCES 5 8 FR 8146
September 1993
QUESTION:
RESPONSE:
A certain number of circuit boards out of a manufacturing batch require cleaning using
1,1,1-trichloroethane. These boards must be cleaned because they have been misprinted. This
occurs in approximately every 5 out of 1000 boards. Do the boards which have been cleaned
require warning labels?
The answer to this question is no. The preamble to the regulation, on page 8146, uses as an
example the case of spot cleaning for soiled textiles and states that "such incidental 'contact'
uses, though they potentially could involve a brief initial physical contact between the controlled
substance and the product, occur so infrequently ... that labeling would not be appropriate."
Therefore, insofar as the cleaning of the circuit boards does occur infrequently, those boards do
not require warning labels.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 28
KEY WORDS contact; manufacturing equipment
REFERENCES 40 CFR 82.104(m)( I)
September 1993
QUESTION:
RESPONSE:
Fixtures are used to hold assembled circuit boards in place on a conveyor system during their
manufacturing process. Periodically these fixtures must be cleaned using l.lj-trichloroethane.
Must the circuit boards manufactured using these fixtures bear warning labels?
The answer to this question is no. In this case the product itself has not come into contact with a
controlled substance as part of its manufacturing. The term "manufactured with a controlled
substance" is defined in §82.104(m) of the regulation. Section §2.lQ4(mXl) specifically
excludes from the definition those situations where "a product has not had physical contact with
the controlled substance." In this case, the fixtures come into contact with a controlled
substance but the circuit boards do not. These circuit boards need therefore not bear warnine
labels.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 29
KEY WORDS printing, manufactured with; cleaning equipment
REFERENCES 40 CFR 82.104(mX 1)
September 1993
QUESTION:
RESPONSE:
Rollers and blankets which are used in the printing industry are cleaned using formulations
which contain class I substances. Does the use of these cleaning agents trigger the labeling
requirements?
The term "manufactured with a controlled substance" is defined in §82.104(m) of the
regulation. Section 82,104(m)(l) specifically excludes from the definition those situations
"(wjhere a product has not had physical contact with the controlled substance...."" This situation
would fall under the exemption from the definition of "manufactured with a controlled
substance" in section 82.104{mX I)- In this case, the rollers and blankets come into contact with
the controlled substance but the product being manufactured does not. Therefore, products
manufactured with these rollers and blankets need not be labeled as long as the products
themselves do not come into contact with a controlled substance.
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United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 30
KEY WORDS manufactured with; ink conditioners
September 1993
REFERENCES
QUESTION:
RESPONSE:
40CFR82.104(m)(l)
Ink conditioners which contain class I substances are used intermittently on rollers and blankets
to prevent their hardening during interruptions in printing (e.g. operators' lunch hour). Does this
use trigger the labeling requirements?
The term "manufactured with a controlled substance" is defined in §82.104(m) of the
regulation. Section 82.104(mX 1) specifically excludes from the definition those situations
"[w]here a product has not had physical contact with the controlled substance...." This
intermittent use would not trigger the labeling requirements because the product does not come
into contact with the ODS.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 31
September 1993
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
manufactured with; product contanimng, ink conditioner
40CFR82.104(q)
Ink conditioners containing class I substances are used on open cans of ink to prevent
coagulation. Does this use trigger the labeling requirements?
After the addition of the ink conditioner, the ink becomes a product containing a controlled
substance as defined in section 82. J 04(q). The issue of using a product containing a controlled
substance in the manufacturing of another product has already been addressed in applicability
determination number one. In this determination, EPA stated that "products which are
manufactured with a product which contains a controlled substance are required to bear warning
labels." Therefore, products manufactured with this ink would have to bear warning labels as
required by the regulation.
See applicability determination number one.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 32
KEY WORDS carbon tetrachloride; cyanuric chloride
September 1993
REFERENCES
QUESTION:
RESPONSE:
40CFR82.104(m)
40CFR82.104(u)
Cyanuric chloride is produced in a process which uses carbon tetrachloride. The carbon
tetrachloride is consumed in the production of hydrogen chloride in a subsequent manufacturing
process. Does this cyanuric chloride manufactured using carbon tetrachloride require a warning
label if the carbon tetrachloride is transformed subsequent to the production of the cyanuric
chloride?
Section 82.104(m) of the regulation defines the term "manufactured with a controlled
substance," This definition specifically excludes, in 82.104(m)(3), those products in which the
controlled substance which was used in the manufacturing process "has been transformed,
except for trace quantities." The term "transformed" is defined in section 82.104(u) as "to use
and entirely consume a class I or class II substance, except for trace quantities, by changing it
into one or more substances not subject to this subpart in the manufacturing process of a product
or chemical." It is EPA's position that the transformation must take place at the same facility as
the production of the substance in question for the 82.104(m)(3) transformation exemption to
apply.
The CTC which leaves the manufacturing process of the cyanuric chloride is consumed in the
production of hydrogen chloride. Hydrogen chloride is not subject to the section 611
regulations. Therefore the CTC is "transformed" within the meaning of section 82.104(u). If the
CTC is transformed at the same facility at which cyanuric chloride is produced, any cyanuric
chloride produced using this CTC would be exempt from the labeling requirements because of
the transformation exemption in section 82.104(m)(3). Therefore, such cyanuric chloride need
not bear the mandated warning label if the CTC which is used in the production of the cyanuric
chloride is subsequently transformed within the meaning of section 82.104(u).
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 33
March 1994
KEY WORDS
QUESTION:
RESPONSE:
waste, generator
The generator of waste which is subject to labeling contracts with another entity to transport the
waste off-site. Who is responsible for labeling the waste when it is introduced into interstate
commerce, the generator of the waste or the entity which transports it off-site?
The generator of the waste is responsible for ensuring compliance with the labeling regulations
in the same manner that manufacturers of products are responsible. Therefore, the generator is
responsible for providing the labeling information to the individuals who transport the waste
off-site.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation,
RECORD NUMBER 34
March 1994
KEY WORDS
QUESTION:
RESPONSE:
product, lease, label removal
A company purchases products containing an ozone-depleting substance from a manufacturer
and leases those products to its customers. Must the warning label be passed through to the
customers who lease these products?
The company need not pass the warning label through to the customers who lease the product.
Section 82.112(a) of the regulation states, "[A]ny warning statement that accompanies a product
or container introduced into interstate commerce, as required by this subpart, must remain with
the product or container and any product incorporating such product or container, up to and
including the point of sale to the ultimate consumer." "Ultimate consumer" is defined in section
82.104(w) as "the first commercial or non-commercial purchaser of a container or product that
is not intended for re-introduction into interstate commerce as a final product or as part of
another product."
It is the Agency's determination that the owner of the product is the ultimate consumer. It is the
owner of the product that is the purchaser, unlike the lessees who lease, rather than purchase the
product. Therefore, the warning label that must accompany the product from the manufacturer
to the ultimate consumer need not be passed on to individuals who lease that product.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 611 - Product Labeling
This is an official determination made by EPA interpreting Clean Air Act requirements. For further
information, contact the Stationary Source Compliance Division in the Office of Air and Radiation.
RECORD NUMBER 35
March 1994
KEY WORDS
QUESTION:
RESPONSE:
fabric protector, product containing
Fabric protector contains 1,1,1-trichIoroethane. Some fabric protector was manufactured before
May 15, 1993, and is not required to bear a warning label. Are manufacturers who use this
unlabeled fabric protector required to label the furniture they treat?
The answer is no. The Agency has already addressed the issue of the use of a product which
contains a controlled substance in applicability determination number 1. This determination
states in part, "[PJroducts which are manufactured with a product which contains a controlled
substance are required to bear warning labels...." However, if the fabric protector was
manufactured before May 15, 1993, it would not bear a wamng label and there would be no
labeling information on which a manufacturer could rely when using the fabric protector on
furniture. Therefore, furniture which is treated by a manufacturer with fabric protector which
was manufactured before May 15, 1993, need not bear a warning label. If, however, the fabric
protector was manufactured on or after May 15, 1993, any furniture which a manufacturer
treated with the fabric protector would require a warning label.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 612 - Ban on Nonessential Uses
RECORD NUMBER I
6/04/97
KEY WORDS
REFERENCES
QUESTION:
RESPONSE;
self-chilling cans product substitutes
82.172(a)
82.174(a)
82.176(a)
612(a)
Are "self-chilling cans" subject to the notification requirements of the Significant New
Alternatives Policy (SNAP) Program under 612 of die Clean Air Act?
Section 612(a) states: "ft]o the maximum extent practicable, class I and class II substances shall
be replaced by chemicals, product substitutes, or alternative manufacturing processes that
reduce overall risks to human health and the environment™ Under §82.172, the Agency defines
a "substitute" as "any chemical, product, substitute, or alternative manufacturing process,
whether existing or new, that could replace a class I or class II substance." The "self-chilling
can" acts as a not-in-kind product substitute for CFCs and HCFCs in household and commercial
refrigerators, vending machines, and refrigerated transport vehicles. The refrigerant in the
"self-chilling can" is being used to provide the same effect of cooling the can as would be
provided by the household or commercial refrigeration. Therefore, based upon the above cited
regulatory text, we have concluded that "self-chilling cans" act as a product substitute for
household and commercial refrigerators, vending machines, and refrigerated transport vehicles
and are subject to the notification requirements set forth in §612 of the Clean Air Act and 40
CFR Part 82.
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Applicability Determination
Section 612 - Ban on Nonessential Uses
RECORD NUMBER 2
10/11/97
KEY WORDS
REFERENCES
QUESTION:
RESPONSE:
self-chilling cans
product substitute
first-generation substitute
second-generation substitute
40 CFR Part 82 subpart G, §612
Request for consideration of applicability number I on the basis that self-chilling cans qualify as
a second generation substitute.
Self-chilling cans provide the same cooling function as traditional refrigeration. Since many
existing refrigeration technologies rely on ozone-depleting refrigerants, self-chilling cans are a
first generation substitute for such ozone-depleting refrigerants.
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v°/EPA
United States
Environmental
Protection Agency
Office of Air and Radiation
Stratospheric Protection
Division 16205-J)
August 199S
Rev. 1
EPA430-F-95-11?
FINAL RULE SUMMARY: COMPLYING WITH THE
SECTION 608 REFRIGERANT RECYCLING RULE
Introduction
This fact sheet provides an overview of
the refrigerant recycling requirements of
Section 608 of the Clean Air Act, 1990, as
amended (CAA), including final regulations
published on May 14, 1993 (58 FR~28660),
August 19, 1994 (59 FR 42950), and No-
vember 9, 1994 (59 FR 55912). The fact
sheet also describes the prohibition on vent-
ing that became effective on July 1, 1992.
TABLE OF CONTENTS
Overview /
Prohibition on Venting 2
Regulatory Requirements 2
Service Practice Requirements .... 2
Table 1: Levels of Evacuation . . . 3
Equipment Certification 4
Equipment Grandfathering 5
Refrigerant Leaks 5
Technician Certification 5
Refrigerant Sales Restrictions ..... 6
Certification by
Owners of Equipment 7
Reclaimer Certification 7
MVAC-lUce Appliances 7
Safe Disposal Requirements 8
Recordkeeping Requirements 8
Hazardous Waste Disposal 9
Enforcement 9
Planning and Acting for the Future . . 9
For Further Information 9
Definitions JO
Equipment Certification Form .... //
Overview
Under Section 608 of the CAA, EPA has
established regulations that:
Require service practices that maximize
recycling of ozone-depleting compounds
(both chlorofluorocarbons [CFCs] and
hydrochlorofluorocarbons [HCFCs] and
their blends) during the servicing and
disposal of air-conditioning and refrig-
eration equipment.
Set certification requirements for recy-
cling and recovery equipment, techni-
cians, and reclaimers (see p. 10 for
definitions of italicized words).
Restrict the sale of refrigerant to certified
techniciaris.
Require persons servicing or disposing of
air-conditioning and refrigeration equip-
ment to certify to EPA that they have
acquired recycling or recovery equip-
ment and are complying with the require-
ments of the rule.
Require the repair of substantial leaks in
air-conditioning and refrigeration equip-
ment with a charge of greater than 50
pounds.
Establish safe disposal requirements to
ensure removal of refrigerants from
goods that enter the waste stream with
the charge intact (e.g., motor vehicle air
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TABLE 1
REQUIRED LEVELS OF EVACUATION FOR APPLIANCES
EXCEPT FOR SMALL APPLIANCES, MVACS, AND MVAC-LIKE APPLIANCES
Type of Appliance
HCFC-22 appliance" normally containing less
than 200 pounds of refrigerant
HCFC-22 appliance"* normally containing 200
pounds or more of refrigerant
Other high-pressure appliance" normally con-
taining less than 200 pounds of refrigerant
(CFC-12, -500, -502, -114)
Other high-pressure appliance" normally con-
taining 200 pounds or more of refrigerant
(CFC-12, -500, -502, -114)
Very High Pressure Appliance (CFC-13, -503!
Low-Pressure Appliance (CFC-11, HCFC-123)
Inches of Mercury Vacuum"
Using Equipment Manufactured:
Before Nov. 1 5,
1993
0
4
4
4
0
25
On or after Nov. 15,
1993
0
10
10
IS
0
25 mm Hg absolute
'Relative to standard atmospheric pressure of 29.9" Hg.
"Or isolated component of such an appliance
conditioners, home refrigerators, and room
air conditioners).
The Prohibition on Venting
Effective July 1, 1992, Section 608 of the
Act prohibits individuals from knowingly
venting ozone-depleting compounds used as
refrigerants into the atmosphere while main-
taining, servicing, repairing, or disposing of
air-conditioning or refrigeration equipment
(appliances). Only four types of releases are
permitted under the prohibition:
1. "De minimis" quantities of refrigerant
released in the course of making good
faith attempts to recapture and recycle or
safely dispose of refrigerant.
2. Refrigerants emitted in the course of
normal operation of air-conditioning and
refrigeration equipment (as opposed to
during the maintenance, servicing, re-
pair, or disposal of this equipment) such
as from mechanical purging and leaks.
However, EPA requires the repair of
leaks above a certain size in large equip-
ment (see p. 5).
3. Releases of CFCs or HCFCs that are not
used as refrigerants. For instance, mix-
tures of nitrogen and R-22 that are used
as holding charges or as leak test gases
may be released, because in these cases,
the ozone-depleting compound is not
used as a refrigerant. However, a
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technician may not avoid recovering
refrigerant by adding nitrogen to a
charged system; before nitrogen is add-
ed, the system must be evacuated to the
appropriate level in Table 1, Otherwise,
the CFC or HCFC vented along with the
nitrogen will be considered a refrigerant.
Similarly, pure CFCs or HCFCs released
from appliances will be presumed to be
refrigerants, and their release will be
considered a violation of the prohibition
on venting.
4. Small releases of refrigerant that result
from purging hoses or from connecting
or disconnecting hoses to charge or
service appliances will not be considered
violations of the prohibition on venting.
However, recovery and recycling equip-
ment manufactured after November 15,
1993, must be equipped with low-loss
fittings.
Regulatory Requirements
Service Practice Requirements
1. Evacuation Requirements. Since July
13, 1993, technicians have been required to
evacuate air-conditioning and refrigeration
equipment to established va-
cuum levels when opening the equipment. If
the technician's recovery or recycling equip-
ment was manufactured any time before No-
vember 15, 1993, the air-conditioning and re-
frigeration equipment must be evacuated to
the levels described in the first column of
Table 1. If the technician's recovery or
recycling equipment was manufactured on or
after November 15, 1993, the air-condition-
ing and refrigeration equipment must be
evacuated to the levels described in the
second column of Table 1, and the recovery
or recycling equipment must have been
certified by an EPA-approved equipment
testing organization (see Equipment Certifica-
tion, below). Persons who simply add refrig-
erant to (top-off) appliances are not required
to evacuate the systems.
Technicians repairing small appliances,
such as household refrigerators, window air
conditioners, and water coolers, must recov-
er:
80 percent of the refrigerant when
- the technician uses recovery or recy-
cling equipment manufactured before
November 15, 1993, m.
the compressor in the appliance is
operating;
OR
90 percent of the refrigerant when
- the technician uses recovery or recy-
cling equipment manufactured after
November 15,
- the compressor in the appliance is
operating
In order to ensure that they are recovering
the correct percentage of refrigerant, techni-
cians must use the recovery equipment
according to the directions of its manufac-
turer. Technicians may also satisfy recovery
requirements by evacuating the small appli-
ance to four inches of mercury vacuum.
2. Exceptions to Evacuation Require-
ments. EPA has established limited excep-
tions to its evacuation requirements for 1)
repairs to leaky equipment and 2) repairs that
are not major and that are not followed by an
evacuation of the equipment to the envi-
ronment.
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If, due to leaks, evacuation to the levels
in Table I is not attainable, or would sub-
stantially contaminate the refrigerant being
recovered, persons opening the appliance
must:
isolate leaking from non-leaking compo-
nents wherever possible;
evacuate non-leaking components to the
levels in Table 1; and
evacuate leaking components to the
lowest level that can be attained without
substantially contaminating the refriger-
ant. This level cannot exceed 0 psig.
If evacuation of the equipment to the
environment is not to be performed when
repairs are complete, and if the repair is not
major, then the appliance must:
be evacuated to at least 0 psig before it is
opened if it is a high- or very high-
pressure appliance; or
be pressurized to 0 psig before it is
opened if it is a low-pressure appliance.
Methods that require subsequent purging
(e.g., nitrogen) sajfflQj be used except
with appliances containing R-113.
3. Reclamation Requirement. EPA has
also established that refrigerant recovered
and/or recycled can be returned to the same
system or other systems owned by the same
person without restriction. If refrigerant
changes ownership, however, that refrigerant
must be reclaimed (i.e., cleaned to the ARI
700-1993 standard of purity and chemically
analyzed to verify that it meets this standard)
unless the refrigerant was used only in a
motor vehicle air conditioner (MVAC) or
MVAC-like appliance and will be used in the
same type of appliance. (Refrigerant used in
MVACs and MVAC-like appliances is
subject to the purity requirements of the
MVAC regulations at 40 CFR Part 82
Subpart B.)
Equipment Certification
The Agency has established a certifica-
tion program for recovery and recycling
equipment. Under the program, EPA re-
quires that equipment manufactured on or
after November 15, 1993, be tested by an
EPA-approved testing organization to ensure
that it meets EPA requirements. Recycling
and recovery equipment intended for use with
air-conditioning and refrigeration equipment
besides small appliances must be tested under
the ARI 740-1993 test protocol, which is
included in the final rule as Appendix B.
Recovery equipment intended for use with
small appliances must be tested under either
the ARI 740-1993 protocol or Appendix C of
the final rule.
The Agency requires recovery efficiency
standards that vary depending on the size and
type of air-conditioning or refrigeration
equipment being serviced. For recovery and
recycling equipment intended for use with
air-conditioning and refrigeration equipment
besides small appliances, these standards are
the same as those in the second column of
Table 1. Recovery equipment intended for
use with small appliances must be able 10
recover 90 percent of the refrigerant in the
small appliance when the small appliance
compressor is operating and 80 percent of the
refrigerant in the small appliance when the
compressor is not operating.
EPA has approved both the Air-Con-
ditioning and Refrigeration Institute (ARI)
and Underwriters Laboratories (UL) to
certify recycling and recovery equipment.
Certified equipment can be identified by a
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label reading: "This equipment has been
certified by ARI/UL to meet EPA's mini-
mum requirements for recycling and/ or
recovery equipment intended for use with
[appropriate category of appliance—e.g.,
small appliances, HCFC appliances contain-
ing less than 200 pounds of refrigerant, all
high-pressure appliances, etc.].11 Lists of
certified equipment may be obtained by
contacting ARI at 703-524-8800 and UL at
708-262-8800 ext. 42371.
Equipment Grandfathering
Equipment manufactured before Novem-
ber 15, 1993, including home-made equip-
ment, may be grandfathered if it meets the
standards in the first column of Table 1.
Third-parry testing is not required for equip-
ment manufactured before November 15,
1993, but equipment manufactured on or
after that date, including home-made equip-
ment, must be tested by a third-party (see
Equipment Certification above).
Refrigerant Leaks
Owners of equipment with charges of
greater than 50 pounds are required to repair
leaks in the equipment when those leaks
together would result in the loss of more than
a certain percentage of the equipment's
charge over a year. For the commercial and
industrial process refrigeration sectors, leaks
must be repaired when the appliance leaks at
a rate that would release 35 percent or more
of the charge over a year. For all other
sectors, including comfort cooling, leaks
must be repaired when the appliance leaks at
a rate that would release 15 percent or more
of the charge over a year.
The trigger for repair requirements is the
current leak QIC rather than the total quantity
of refrigerant lost. For instance, owners of
a commercial refrigeration system containing
100 pounds of charge must repair leaks if
they find that the system has lost 10 pounds
of charge over the past month; although 10
pounds represents only 10 percent of the
system charge in this case, a leak rate of 10
pounds per month would result in the release
of over 100 percent of the charge over the
year. To track leak rates, owners of air-
conditioning and refrigeration equipment
with more than 50 pounds of charge must
keep records of the quantity of refrigerant
added to their equipment during servicing
and maintenance procedures.
Owners are required to repair leaks
within 30 days of discovery. This require-
ment is waived if, within 30 days of discov-
ery, owners develop a one-year retrofit or
retirement plan for the leaking equipment.
Owners of industrial process refrigeration
equipment may qualify for additional time
under certain circumstances. For example, if
an industrial process shutdown is required to
repair a leak, owners have 120 days to repair
the leak. Owners of leaky industrial process
refrigeration equipment should see the
Compliance Assistance Guidance Document
for Leak Repair for additional information
concerning time extensions and pertinent
recordkeeping and reporting requirements.
Technician Certification
EPA has established a technician certifi-
cation program for persons ("technicians")
who perform maintenance, service, repair, or
disposal that could be reasonably expected to
release refrigerants into the atmosphere. The
definition of "technician" specifically in-
cludes and excludes certain activities as
follows:
Included:
-5-
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attaching and detaching hoses and gauges
to and from the appliance to measure
pressure within the appliance;
adding refrigerant to or removing refrig-
erant from the appliance
any other activity that violates the integ-
rity of the refrigerant circuit while there
is refrigerant in the appliance.
Excluded:
activities that are not reasonably ex-
pected to violate the integrity of the
refrigerant circuit, such as painting the
appliance, re-wiring an external electrical
circuit, replacing insulation on a length
of pipe, or tightening nuts and bolts on
the appliance;
maintenance, service, repair, or disposal
of appliances that have already been
evacuated in accordance with EPA
requirements, unless the maintenance
consists of adding refrigerant to the
appliance;
servicing motor vehicle air conditioners
(MVACs), which are subject to the
certification requirements of the MVAC
refrigerant recycling rule; and,
• disposing of MVACs, MVAC-like
appliances, and small appliances.
In addition, apprentices as defined on page
10 are exempt from certification require-
ments provided the apprentice is closely and
continually supervised by a certified tech-
nician.
The Agency has developed four types of
certification:
For servicing small appliances (Type I).
For servicing or disposing of high- or
very high-pressure appliances, except
small appliances and MVACs (Type II).
For servicing or disposing of low-pres-
sure appliances (Type US)
For servicing all types of equipment
(Universal).
Technicians are required to pass an EPA-
approved test given by an EPA-approved
certifying organization to become certified
under the mandatory program. The Strato-
spheric Ozone Hotline distributes lists of ap-
proved testing organizations.
Refrigerant Sales Restrictions
Under Section 609 of the Clean Air Act,
sales of CFC-12 in containers smaller than 20
pounds are restricted solely to technicians
certified under EPA's motor vehicle air
conditioning regulations. Persons servicing
appliances other than motor vehicle air
conditioners may still buy containers of CFC-
12 larger than 20 pounds.
Effective November 14, 1994, the sale
of refrigerant in any size container is restrict-
ed to technicians certified either under the
program described in Technician Certifica-
rionabove or under EPA's motor vehicle air
conditioning regulations. The sales restric-
tion covers refrigerant contained in bulk
containers (cylinders or drums) and pre-
charged parts. The restriction excludes
refrigerant contained in refrigerators or air
conditioners with fully assembled refrigerant
circuits (such as household refrigerators,
window air conditioners, and packaged air
conditioners), pure HFC refrigerants, and
CFCs or HCFCs that are not intended for use
-6-
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as refrigerants. In addition, a restriction on
sale of pre-charged split systems has been
stayed (suspended) while EPA reconsiders
this provision.
Certification by Owners of Recycling and
Recovery Equipment
EPA requires that persons servicing or
disposing of air-conditioning and refriger-
ation equipment certify to the appropriate
EPA Regional Office that they have acquired
(built, bought, or leased) recovery or recy-
cling equipment and that they are complying
with the applicable requirements of this rule.
This certification must be signed by the
owner of the equipment or another responsi-
ble officer and sent to the appropriate EPA
Regional Office. A sample form for this
certification is attached. Although owners of
recycling and recovery equipment are re-
quired to list the number of trucks based at
their shops, they do not need to have a piece
of recycling or recovery equipment for every
truck. Owners do not have to send in a new
form each time they add recycling or
recovery equipment to their inventory.
Reclaimer Certification
Reclaimers are required to return refrig-
erant to the purity level specified in AJU
Standard 700-1993 (an industry-set purity
standard) and to verify this purity using the
laboratory protocol set forth in the same
standard. In addition, reclaimers must re-
lease no more than 1.5 percent of the refrig-
erant during the reclamation process and
must dispose of wastes properly. Reclaimers
must certify to the Section 608 Recycling
Program Manager at EPA headquarters that
they are complying with these requirements
and that the information given is true and
correct. Certification must also include the
name and address of the reclaimer and a list
of equipment used to reprocess and to ana-
lyze the refrigerant.
EPA encourages reclaimers to participate
in third-party reclaimer certification pro-
grams, such as that operated by the Air-
Conditioning and Refrigeration Institute
(ARI). Third-parry certification can enhance
the attractiveness of a reclaimer's product by
providing an objective assessment of its
purity.
MVAC-like Appliances
Some of the air conditioners that are cov-
ered by this rule are identical to motor
vehicle air conditioners (MVACs), but they
are not covered by the MVAC refrigerant
recycling rule (40 CFR Pan 82, Subpart B)
because they are used in vehicles that are not
defined as "motor vehicles." These air
conditioners include many systems used in
construction equipment, farm vehicles, boats,
and airplanes. Like MVACs in cars and
tracks, these air conditioners typically con-
tain two or three pounds of CFC-12 and use
open-drive compressors to cool the passenger
compartments of vehicles. (Vehicle air
conditioners utilizing HCFC-22 are not
included in this group and are therefore
subject to the requirements outlined above
for HCFC-22 equipment.) EPA is defining
these air conditioners as "MVAC-like appli-
ances" and is applying the MVAC rule's re-
quirements for the certification and use of
recycling and recovery equipment to them.
That is, technicians servicing MVAC-like
appliances must "properly use" recycling or
recovery equipment that has been certified to
meet the standards in Appendix A to 40 CFR
Part 82, Subpart B, In addition, EPA is
allowing technicians who service MVAC-like
appliances to be certified by a certification
program approved under the MVAC rule, if
they wish.
.7.
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Safe Disposal Requirements
Under EPA's rule, equipment that is
typically dismantled on-site before disposal
(e.g., retail food refrigeration, central resi-
dential air conditioning, chillers, and indus-
trial process refrigeration) has to have the
refrigerant recovered in accordance with
EPA's requirements for servicing. However,
equipment that typically enters the waste
stream with the charge intact (e.g., motor
vehicle air conditioners, household refrigera-
tors and freezers, and room air conditioners)
is subject to special safe disposal require-
ments.
Under these requirements, the final
person in the disposal chain (e.g., a scrap
metal recycler or landfill owner) is responsi-
ble for ensuring that refrigerant is recovered
from equipment before the final disposal of
the equipment. However, persons "up-
stream" can remove the refrigerant and
provide documentation of its removal to the
final person if this is more cost-effective.
The equipment used to recover refriger-
ant from appliances prior to their final dis-
posal must meet the same performance stan-
dards as equipment used prior to servicing,
but it does not need to be tested by a labora-
tory. This means that self-built equipment is
allowed as long as it meets the performance
requirements. For MVACs and MVAC-like
appliances, the performance requirement is
102 mm of mercury vacuum and for small
appliances, the recovery equipment perfor-
mance requirements are 90 percent efficiency
when the appliance compressor is operation-
al, and 80 percent efficiency when the appli-
ance compressor is not operational.
Technician certification is not required
for individuals removing refrigerant from
appliances in the waste stream.
The safe disposal requirements went into
effect on July 13, 1993. Equipment must be
registered or certified with the Agency, A
sample form is attached.
Major Recordkeeping Requirements
Technicians servicing appliances that contain
50 or more pounds of refrigerant must pro-
vide the owner with an invoice that indicates
the amount of refrigerant added to the appli-
ance. Technicians must also keep a copy of
their proof of certification at their place of
business.
Owners of appliances that contain 50 or
more pounds of refrigerant must keep ser-
vicing records documenting the date and type
of service, as well as the quantity of
refrigerant added.
Wholesalers who sell CFC and HCFC re-
frigerants must retain invoices that indicate
the name of the purchaser, the date of sale,
and the quantity of refrigerant purchased.
Reclaimers must maintain records of the
names and addresses of persons sending them
material for reclamation and the quantity of
material sent to them for reclamation. This
information must be maintained on a transac-
tional basis. Within 30 days of the end of the
calendar year, reclaimers must report to EPA
the total quantity of material sent to them that
year for reclamation, the mass of refrigerant
reclaimed that year, and the mass of waste
products generated that year.
Hazardous Waste Disposal
If refrigerants are recycled or reclaimed,
they are not considered hazardous under
federal law. In addition, used oils contami-
nated with CFCs are not hazardous on the
condition that:
-8-
-------
They are not mixed with other waste.
They are subjected to CFC recycling or
reclamation.
They are not mixed with used oils from
other sources.
Used oils that contain CFCs after the
CFC reclamation procedure, however, are
subject to specification limits for used oil
fuels if these oils are destined for burning.
Individuals with questions regarding the
proper handling of these materials should
contact EPA's RCRA Hotline at 800-424-
9346 or 703-920-9810.
Enforcement
EPA is performing random inspections,
responding to tips, and pursuing potential
cases against violators. Under the Act, EPA
is authorized to assess fines of up to $25,000
per day for any violation of these regulations.
Planning and Acting for the Future
Observing the refrigerant recycling
regulations for Section 608 is essential in
order to conserve existing stocks of refriger-
ants, as well as to comply with Clean Air Act
requirements. However, owners of
equipment that contains CFC refrigerants
should look beyond the immediate need to
maintain existing equipment in working
order. EPA urges equipment owners to act
now and prepare for the phaseout of CFC
production and import, scheduled for
January 1, 1996. Owners are advised to
begin planning for conversion or replacement
of existing equipment with equipment that
uses alternative refrigerants.
To assist owners, suppliers, technicians
and others involved in comfort chiller and
commercial refrigeration management, EPA
has published a series of short fact sheets and
expects to produce additional material.
Copies of material produced by the EPA
Stratospheric Protection Division are avail-
able from the Stratospheric Ozone Informa-
tion Hotline (see hotline number below).
For Further Information
For further information concerning regu-
lations related to stratospheric ozone protec-
tion, please call the Stratospheric Ozone
Information Hotline: 800-296-1996. The
Hotline is open between 10:00 AM and 4:00
PM, Eastern Time.
-9-
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Appliance
Apprentice
Major maintenance,
service, or repair
MVAC'like appliance
Opening
Reclaim
Recover
Recycle
Refrigerant circuit
Small appliance
Technician
DEFINITIONS
Any device which contains and uses a class I (CFC) or class II (HCFC) substance
as a refrigerant and which is used for household or commercial purposes, including
any air conditioner, refrigerator, chiller, or freezer. EPA interprets this definition to
include all air-conditioning and refrigeration equipment except that designed and
used exclusively for military purposes.
Any person who is currently registered as an apprentice in service, maintenance,
repair, or disposal of appliances with the U.S. Department of Labor's Bureau of
Apprenticeship and Training (or a State Apprenticeship Council recognized by the
Bureau of Apprenticeship and Training).
Maintenance, service, or repair that involves removal of the appliance compressor,
condenser, evaporator, or auxiliary heat exchanger coil.
Mechanical vapor compression, open-drive compressor appliances used to cool the
driver's or passenger's compartment of a non-road vehicle, including agricultural
and construction vehicles. This definition excludes appliances using HCFC-22.
Any service, maintenance, or repair on an appliance that would release class I or
class II refrigerant from the appliance to the atmosphere unless the refrigerant were
recovered previously from the appliance. Connecting and disconnecting hoses and
gauges to and from the appliance to measure pressures within the appliance and
to add refrigerant to or recover refrigerant from the appliance shall not be
considered "opening."
To reprocess refrigerant to at least the purity specified in the ARI Standard 700-
1993, Specifications for Fluorocarbon Refrigerants, and to verify this punty using
the analytical methodology prescribed in the Standard.
To remove refrigerant in any condition from an appliance and store it in an external
container without necessarily testing or processing it in any way.
To extract refrigerant from an appliance and clean refrigerant for reuse without
meeting all of the requirements for reclamation. In general, recycled refrigerant is
refrigerant that is cleaned using oil separation and single or multiple passes through
devices, such as replaceable core filter-driers, which reduce moisture, acidity, and
paniculate matter.
The parts of an appliance that are normally connected to each other (or are
separated only by internal valves) and are designed to contain refrigerant.
Any of the following products that are fully manufactured, charged, and
hermetically sealed in a factory with five pounds or less of refrigerant: refrigerators
and freezers designed for home use, room air conditioners (including window air
conditioners and packaged terminal air conditioners), packaged terminal heat
pumps, dehumidifiers, under-the-counter ice makers, vending machines, and
drinking water coolers.
Any person who performs maintenance, service, or repair that could reasonably be
expected to release class I (CFC) or class II (HCFC) substances from appliances,
except for MVACs, into the atmosphere. Technician also means any person
performing disposal of appliances, except for small appliances, MVACs, and
MVAC-Iike appliances, that could be reasonably expected to release class I or class
II refrigerants from appliances into the atmosphere. (See page 6 for a more
detailed discussion.)
40-
-------
OMB #-• 2060-0256
Expiration Date: 5196
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA)
REFRIGERANT RECOVERY OR RECYCLING DEVICE
ACQUISITION CERTIFICATION FORM
EPA regulations require establishments that service or dispose of refrigeration or air conditioning equipment
to certify by August 12.1993 that they nave acquired recovery or recycling devices trial meet EPA standards
tor such devices. To certify that you nave acquired equipment, please complete this form according to
the instruct cos and mail It to trie appropriate EPA Regional Office. BOTH THE INSTRUCTIONS AND
MAILING ADDRESSES CAN BE FOUND ON THE REVERSE SIDE OF THIS FORM.
PART 1: ESTABLISHMENT INFORMATION
SITMM
(ATM Coaw T««pnon* NUTO»
Crty
SUM
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Numow o' S«rwot v
PART 2: REGULATORY CLASSIFICATION
identify the type of work performed by the establishment. Cheek all boxes that apply.
O Type A - Service small appliances
O Type B -Service refrigeration or atr cor ditoontng equipment other than small appliances
O Type C -Dispose of small appliances
O Type 0 -Dispose of refrigeration or air conditioning equipment other than small appliances
PART 3; DEVICE IDENTIFICATION
Mam* ot DwicaHsi
VMT 5mm Murrcsr (if any)
O>«» Sea il S«*
1
2
3
4
5
6
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PART 4: CERTIFICATION SIGNATURE
I certify that the establishment in Part 1 has acaurad th» refrigerant recovery or recycling devtc«C«amCMIIMfHU
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&EPA
United States Office of Air and Radiation
Environmental Stratospheric Protection
Protection Agency Division (6205-J)
SECTION 609 Requirements for
Motor Vehicle Air Conditioners
OZONE PROTECTION HOTLINE TOLL-FREE (800) 296-1996
A regulation promulgated under section 609 of the Clean Air Act in July, 1992 requires that motor vehicle air conditioning
refrigerant be recycled. This information will help you become familiar with the provisions of this regulation and address
some common concerns.
Our Threatened Ozone Layer
The stratospheric ozone layer shields the earth from harmful (UV) radiation. Scientists worldwide believe that synthetic
chemicals such as chloroflourocarbons (CFCs, also known by the trade name Freon) are rapidly destroying this layer of gas
10 to 30 miles above the earth's surface. Global ozone depletion has already been recorded in addition to the annual
Antarctic ozone "hole" occurs.
Ozone loss in the atmosphere is likely to lead to an increase in skin cancer and cataracts and could weaken the human
immune system. Agriculture, as well as plant and animal life, may also be dramatically affected. For more information, see
the ozone science page.
Impact of Motor Vehicle Air Conditioners
One of the single largest uses of CFCs in the U.S. is as a refrigerant in automobile air conditioners. CFC-I2 in motor
vehicles accounts for over 20% of all CFC use in this country. Commonly released into the air when car or truck air
conditioners are serviced, CFCs rise to the stratosphere. Strong UV radiation breaks these molecules apart, releasing
chlorine. A single chlorine atom can destroy over one hundred thousand ozone molecules.
Worldwide Action to Protect the Ozone Layer
The United States has joined over 150 countries as a Party to the international treaty known as the Montreal Protocol In
1990, these countries agreed to phase out production of ozone-depleting substances, including CFC-12, by the year 2000.
The 1990 Clean Air Act Amendments (the Act) incorporated this production phaseout date and also addressed the use and
emission of these chemicals. President Bush later pledged to halt almost all U.S. production of CFCs by the end of 1995.
Section 609 of the Act gives EPA the authority to establish requirements to prevent the release of refrigerants during the
servicing of motor vehicle air conditioners. Recycling of CFCs can occur at minimal cost and without damaging motor
vehicle A/C systems. The following sections describe the requirements of the law and its potential impact on the service
industry.
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Clean Air Act Requirements
The original regulation was signed in July, 1992 (57 FR 31242). The cite for section 609 regulations is 40 CFR 82.32 et.
seq. A supplemental final rule (May 2, 1995; 60 FR 21682) set the standard for recover-only equipment. A fact shee
available online or from the hotline. Finally, EPA will be proposing a rule to require recycling of substitutes for CFC
in cars. Technicians will have to be trained to recycle these substitutes and recover-only and recover/recycle equipment for
substitutes will have to be approved.
Approved Equipment
Technicians repairing or servicing motor vehicle air conditioners must use either refrigerant recover/recycle or recover-only
equipment approved by EPA. Recover/recycle equipment both recovers the refrigerant from the motor vehicle and processes
it through an oil separator, a filter, and a dryer. Approved recover/recycle machines meet the technical specifications of SAE
Standard J-1990 and must have the capacity to purify used refrigerant to SAE Standard J-1991 for safe and direct return
to the air conditioner following repairs.
Recover-only equipment removes the refrigerant from the A/C unit as specified by SAE Standard J-2209 and transfers it
into a holding tank. Technicians are then required by law either to recycle the used refrigerant on site or send it to an off-site
reclamation facility to be purified to ARI Standard 700 before it can be used to recharge A/C equipment.
A list of approved equipment is available from the EPA Stratospheric Ozone Hotline at (800) 296-1996. A 162K
WordPerfect 6.1 version of the list is also available online. Most certified equipment will be labeled as "design-certified to
SAE standards."
Technician Training and Certification
Technicians who repair or service motor vehicle air conditioners must be trained and certified by an EPA-approveH
organization. Training programs must cover use of recycling equipment in compliance with SAE Standard J-1989,
regulatory requirements, the importance of refrigerant containment, and the effects of ozone depletion. To be certifk
technicians must pass a test demonstrating their knowledge in these areas. A list of approved testing programs is available
from the EPA Stratospheric Ozone Hotline at (800) 296-1996.
Sales Restrictions
The sale of any size containers of CFCs to anyone other than certified technicians is prohibited after November 14, 1994.
This provision is intended to discourage "do-it-yourselfers" who recharge their own air conditioners. Such individuals often
release refrigerant because they typically do not have access to recycling equipment. The Agency encourages
"do-it-yourselfers" to bring their cars to certified technicians who can properly fix air conditioners using approved
equipment. This avoids damage to a/c equipment by improper charging and helps to protect the environment The rule
governing CFC-12 substitutes which will be proposed will also address whether substitutes can be sold to anyone other than
certified technicians.
Recordkeeping Requirements
Service shops must certify the EPA that they own approved equipment. If refrigerant is recovered and sent to a reclamation
facility, the name and address of that facility must be retained.
Impacts on A/C Service
Because of the CFC phaseout and the tax on CFCs, shops that service air conditioners can expect the price of CFC-12 to
increase and its availability to decrease. Widespread refrigerant recycling, however, reduces the need for virgin CFC-12 a-
thus helps keep costs down. Refrigerant recycling is an important step towards the goal of eliminating CFC use. It mei
that car owners can have their air conditioners fixed until alternatives to CFC-12 are developed.
-------
Refrigerant in New Care
Automobile manufacturers are responding to the CFC phaseout by producing new vehicles with an alternative refrigerant
called HFC-134a. This refrigerant does not deplete the ozone layer because it does not contain chlorine. About half of the
1993 model year cars, almost all of the 1994 model year cars, and all of the 1995 and later model year cars are equipped
with HFC-134a air conditioning systems,
Choices for Owners of Older Cars
As for existing cars, when the supply of CFC-12 is no longer available, owners may modify their a/c systems to accept
HFC-134a or another acceptable substitute refrigerant. Since HFC-134a works at a higher pressure than CFC-12, retrofitting
will require that some components be replaced. EPA estimates that retrofits will cost between $100 and S800, with the
majority of these retrofits costing under $250 when performed at the same time as major a/c repairs. The specific
requirements will vary depending on the make, model and age of the car, and the car's history of air-conditioning servicing.
If you are having major service performed on your CFC-12 air-conditioning system, modifying the system may be
appropriate. Auto manufacturers are currently working to identify retrofit procedures. Most manufacturers have toll-free
consumer hotlines which you can call to determine whether retrofit procedures have been developed for your automobile.
Alternative Refrigerants
EPA's Significant New Alternatives Policy (SNAP) program reviews alternatives to CFC-12 to determine the risks posed
to human health and the environment by that alternative. HFC-134a and FRJGC FR-12 have been approved under the SNAP
program. Some refrigerant manufacturers and distributors are conducting research to determine whether other substitutes
exist which will cool adequately and work with the components in a/c systems with minimal retrofit procedures. These
substitutes must be reviewed under the SNAP program. It is important to keep in mind that the SNAP program does not
evaluate the effect of a substitute refrigerant on the life or performance of the components in your car's a/c system, or the
effect of a substitute on the system's cooling capacity. EPA has a fact sheet that describes several questions to ask before
purchasing an alternative refrigerant.
By complying with these regulations, you will help preserve the ozone layer for future generations.
For further information or to get hard copies of any of the fact sheets or regulations mentioned above, please contact the
Stratospheric Ozone Information Hotline at 1-800-296-1996 (10am-4pm EST, Monday-Friday, except federal holidays),
or you may write:
MVACs Recycling Program Manager
Stratospheric Protection Division
6205J
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
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-------
SEPA
United States
Environmental
Protection Agency
SECTION 610:
Office of Air and Radiation December 1996
Division (6205-JJ IxV— <^X
y«=^
Nonessential Product Bans ffW m
I* ^-Mfc. ^i
The Environmental Protection Agency (EPA) issued regulations that implement the
Congressionally-mandated ban on the sale and distribution of certain nonessential
products. Section 610 of the Clean Air Act (the Act), as amended, prohibits the sale,
distribution, or offer for sale or distribution in interstate commerce, of certain
nonessential products containing chlorofluorocarbons (CFCs) which are listed as class I
substances, and hydrochlorofluorocarbons (HCFCs) which are listed as class II
substances. EPA promulgated regulations implementing the various parts of Section
610, published in the Federal Register on January 15,1993 (58 FR 4768), and on
December 30 1993 (58 F_B 69637, 58 F_E 69671), In addition, EPA recently amended
the class II ban to permit the use of HCFCs as fire extinguishants in portable fire
extinguishers for non-residential applications (December 4, 1996, 61 FR 64424),
Nonessential Products
All aerosol products, pressurized
dispensers and foam products containing,
or manufactured with, CFCs and HCFCs -
- except those specifically exempted by
the regulations and those that are listed
as essential medical devices by the Food
and Drug Administration, at 21 CFR
2.125(e) -- are banned from sale and
distribution in interstate commerce in the
United States. Banned products cannot
be incorporated into larger products (e.g.
packaging material). Attached at the end
of this fact sheet is a summary of the
exemptions from the class I and class II
bans and any specific conditions that may
apply.
Interstate Commerce
The term "interstate commerce" in
section 610 refers to the product's entire
distribution chain up to and including the
point of sale to the ultimate consumer.
Both the import of any product for sale or
distribution within the United States,
and/or the sale or distribution of any
products intended for ultimate export
from the United States, are acts of
interstate commerce and accordingly, are
affected by the nonessential products
bans.
Grandfathering
Class I Ban:
At the time the class I (or CFC) ban
was promulgated, EPA provided a
one-year sell-through for products
that are considered nonessential
and release CFCs during
manufacture, use, or disposal.
This sell-through expired on
January 17, 1994.
Banned replacement parts that
contain or are manufactured with
CFCs or are packaged in material
-------
that contain or are manufactured
with CFCs, for use in a single
model of a product, where the part
and the product are no longer
manufactured, and where the part
was placed into initial inventory
prior to April 16, 1992, may
continue to be sold and distributed.
In most cases these parts are for
use in durable goods (e.g.
replacement parts for a 1990
automobile).
Class II Ban:
Banned products that contain or
are manufactured with HCFCs, and
were placed into initial inventory by
the manufacturer by December 31,
1 993, can continue to be sold and
distributed, or offered for sale or
distribution, in interstate
commerce.
A temporary exemption exists for
banned HCFC-products that require
federal approval for the
reformulations (such as pesticides
requiring registrations). In order to
qualify for this exemption,
applications to all appropriate
federal agencies were due by
January 1, 1994.
A temporary exemption exists for
integral skin foam products
manufactured with HCFCs used to
meet federal automotive safety
standards where the products were
placed into initial inventory prior to
January 1, 1996.
Verification Documents
To continue selling or distributing
grandfathered products the manufacturer
or distributor must be able to show, upon
request by EPA, that the products were
in fact manufactured and thus placed into
initial inventory by the appropriate
allowable dates. EPA does not specify
the particular type of documentation that
verifies that a product meets the
requirements for grandfathering, EPA
suggests the use of shipping forms, lot
numbers, manufacture date stamps,
invoices, or the like, to identify the date
the product was placed into initial
inventory.
Additional Information
Attached is a list of products exempted
from the nonessential product bans and
information concerning any special
conditions that may apply. For further
information concerning the nonessential
product bans please call the Stratospheric
Protection Hotline at
(800) 296-1 996 or write to:
Nonessential Products Ban
Program Implementation Branch
Stratospheric Protection Division
Environmental Protection Agency
Mail Code: 6205J
401 M Street, NW
Washington, D.C. 20460
Information is also available from EPA's
Stratospheric Protection Home Page at
the following URL address:
http://www.epa.gov/ozone/index.html
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SUMMARY OF PRODUCTS EXEMPTIONS UNDER THE NONESSENTIAL PRODUCTS REGULATIONS*
AH other aerosol, pressurized dispensers, and foam products that contain or are manufactured with CFCs,
or HCFCs are banned. Cleaning fluids for specific applications that contain CFCs are also banned, Certain products
were, however, eligible for grandfathering. For more information see the final rules for the Class I and Class II Bans
at 58 £fl 4763, 58 £3 69637, 58 £fl 69671 and 61 EB. 64424.
Aerosol Products & Other Pressurized Dispensers
Conditions of Exemption
For use until an alternative is available
Contingent upon FDA listing at 21 CFR !2,125{el
Class I exemption
Class I exemption
Class I exemption
None
Exemptions
Aircraft pesticides
Medical devices
Gauze bandage adhesives & adhesive removers
Topical anesthetic & vapocoolant products
Lubricants for pharmaceutical tablet manufacture
Lubricants, coatings, or cleaning fluids for aircraft
maintenance containing CFCs or HCFCs as solvents
Lubricants, coatings, or cleaning fluids for electrical,
electronic or photographic equipment containing CFCs
or HCFCs as solvents
Mold release agents containing CFCs and HCFCs as
solvents
Mold release agents containing HCFC-22 as a
propellam
Spinnerette lubricant/cleaning sprays containing CFCs
or HCFCs as solvents and/or propellants
Containers of CFCs used as halogen ion sources in
plasma etching
Document preservation sprays containing CFCs and
HCFCs as solvents
Document preservation sprays containing CFCS or
HCFCs as propellants
Red pepper bear repellent sprays containing CFC-11 3
as a solvent
Portable fire extinguishing equipment containing
HCFCs as fire extinguishants
Wasp and hornet sprays
Cleaning fluids for electronic and photographic
equipment are exempt for commercial sale/distribution
only; seller must verify that the purchaser represents a
commercial entity and post a sign regarding the
restriction
None
For use where no alternative, including an alternative
formulation, is available; seller must notify purchaser
about the restriction
None
None
None
For use on thick books, books with coated or dense
paper, and tightly bound documents, only
None
For use in non-residential applications only; Class II
exemption only
For use near high-tension power lines only; seller must
notify purchaser about restrictions
Aerosol, other pressurized dispenser products, and foams made with class I substances were banned effective January
17,1994. Those made with class II substances were banned effective January 1,1994 Certain products, including party streamers
and noise horns were specifically banned by the Clean Air Act Amendments of 1990 effective February 16,1993.
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Foam Products
Exemptions Conditions of Exemptions
Foam blown with CFCs used in coaxial cable None
Closed cell rigid polyurethane foam None
Closed cell rigid polystyrene boardstock None
Closed cell rigid phenolic foam None
Closed cell rigid polyethylene foam For use solely as pipe insulation
Integral skin foam blow with CFCs None
Integral skin foam blown with HCFCs used to provide Exemption expired January 1, 1996
motor vehicle safety
Cleaning Fluids for Electronic and Pho. ^graphic Equipment
Exemptions Conditions of Exemption
Non-aerosol cleaning fluids for electronic and For commercial sale/distribution only; seller must
photographic equipment containing CFCs verify that purchaser represents a commercial entity
and post a sign about the restrictions
Categories For Grondfathering
Categories Conditions
Products containing HCFCs manufactured and placed Seller must retain proof of date of manufacture
into initial inventory by December 31, 1993
Products containing HCFCs that require federal Seller may continue to sell/distribute until:
approval for reformulation for which an application
was submitted to ths approving agency by January 1, -90 days after federal approval of application for
1994 reformulation; and/or
•45 days after denial of an application for
reformulation
Integra! skin foam used to provide motor vehicle Seller must retain proof of date of manufacture
safety manufactured and placed into initial inventory
prior to January 1, 1996
A replacement part, or its packaging, containing or For a part used in a single model of a product where
manufactured with CFCs, where the replacement part both the product has not been manufactured on or
was manufactured and placed into initial inventory after January 1, 1994; seller must retain proof of date
pnor to April 16, 1992 of manufacture
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&EPA
United States Office of Air and Radiation
Environmental Stratospheric Protection
Protection Agency Division (6205-J)
SECTION 611: Product Labeling
OZONE PROTECTION HOTLINE TOLL-FREE (800) 296-1996
This guidance offers manufacturers, distributors, wholesalers, and retailers instruction on how to
comply with the final labeling regulation. Examples illustrate many of the key regulatory features and
clarify the issues that have been raised since the rule's publication in February 11, 1993 (58 FR 8136).
Key Features of the Final Requirements
On November 15, 1990, Congress amended the Clean Air Act (CAA). Section 611 of the Act, as
amended, requires labeling of products made with or containing class I and class I! ozone-depleting
substances (ODS). It also requires that containers containing class I or class II substances be labeled.
The final regulation includes the following key requirements:
1, Treatment of Products and Imports Manufactured Prior to May 15,1993
All products made before May 15, 1993 are exempt from labeling requirements if the
manufacturer is able to show, within 24 hours, upon request, that its products were made before
that date.
If an importer imports products made prior to May 15, 1993, he/she must show, upon request
by EPA, that such products were made before the deadline. The date of manufacture may
appear in supplemental printed material such as shipping papers, bills of lading, and invoices.
or may be made available through index code references, or any other means by which a
company tracks its products.
2. Products Manufactured with Class I Substances
Label Pass Through Requirement
Manufacturers of products that use a class I substance must label their products. Such products
manufactured with class I substances may be electronic parts washed in class I solvents, such as
electrical components and metal products, plumbing fixtures, and products using class I
adhesives, such as some packaging, books, and sporting goods. If a manufacturer purchases a
product from a supplier that labels its product "manufactured with", the manufacturer does not
need to incorporate that information into a label on its final product. In other words,
manufacturers need only label their products according to their own direct manufacturing
process. Labels on products containing class I substances and containers of class I or class II
substances, however, must be passed through the stream of commerce to the ultimate consumer,
since the ozone-depleting substance is contained at the time of purchase. In the case of
adhesive or solvent products, the purchaser is likely to release the substance upon application of
the product.
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For example, a product containing, such as an adhesive, must be labeled as "containing". When
that product is applied by a subsequent manufacturer in affixing s cushion to a seat, the seat
must be labeled as a "product manufactured with" because the CFCs have been released. The
subsequent sale of the seat to an automobile manufacturer would not result in labeling of a car
based on that product.
Subsidiaries and the Label Pass-Through Requirement
The rule states that wholly-owned subsidiaries are part of a parent company and are required to
pass the warning statement between subsidiaries. If a subsidiary is not 100 percent
wholly-owned, the label is not required to be passed through from one subsidiary to another.
If a parent company owns 100 percent of another company and sells a small portion following
the effective date of this regulation, EPA may look unfavorably upon the parent company if it
appears that the company made the change with intention of avoiding the label pass-through
requirement by selling a small share of its subsidiary company,
A Reduction in Use ofCFC-113 and/or Methyl Chloroform Over 1990 Use
If a company (including its divisions, branches, or facilities) has achieved a total use reduction
of methyl chloroform (MCF) and/or CFC-113 used as solvents in its manufacturing processes
by 95 percent or greater over its 1990 use, its products manufactured with MCF and/or
CFC-113 are exempt from the labeling requirements. It must have achieved the above reduction
either over the most recent calendar year, or for a 12-month period ending within 60 days of its
certification to EPA.
Companies could submit certifications to EPA under this provision until May 15, 1994. See the
final rule further details on the certification and records required.
Incidental Uses of Class 1 Substances
Labeling is not required for non-contact incidental uses of class I substances, including:
• A process in which a class I substance, such as a solvent, is used to clean or maintain
manufacturing equipment, where the surface area being cleaned has no direct contact with
the product.
• A process in which a class I substance is used in refrigerated equipment to keep food
products cold; the refrigerant does not come into direct contact with the food products.
Labeling is not required for some contact incidental uses that are:
« A process in which a class I substance is used intermittently, not routinely, as part of the
direct manufacturing process, such as spot cleaning textiles, cleaning ink plates, or testing
for leaks in a cooling system and condenser.
» A process in which there is an initial contact between the substance and the product, that
occurs infrequently (typically as part of a maintenance process), and perhaps
unintentionally. An example is the use of methyl chloroform as a spot remover in the textile
industry; it is used infrequently and is not routine part of the manufacturing process.
Labeling is required for uses that are not considered to be incidental. These include:
• Most mold release agents that are applied systemically throughout a manufacturing process.
• Defluxing of printed circuit boards during a continuous production process.
« Food processing, such as the manufacturing of some spices.
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3, Products Containing Class I Substances and Containers of Class I or Class II Substances
The Distinction Between Containers and Products Containing
Containers of class I or class II substances or mixtures containing one of these substances must
be labeled as of the effective date of the regulation. Products containing class I substances must
also be labeled on May 15, 1993.
Products containing class II substances will be required to be labeled before January 2015
should the Administrator make the determination that substitutes are available for those
products.
A container contains a class I substance if the substance must be transferred into another
container or into another product in order to realize its intended use.
* Examples are a 5-gallon can of CFC-12, or an isotank of MCF, which would eventually be
transferred into other vessels, such as refrigeration equipment or degreasing units, for their
intended use.
A product contains a class I substance if the substance is used in the container or equipment
without having to be transferred. Examples include some aerosols, solvents, adhesives, inks.
coatings, and closed-cell foams.
Upon subsequent use of these products, however, a company would label its products
"manufactured with" (see example above in #2).
"Products containing" also include some air conditioning and refrigeration equipment. When
they are installed in other products, such as automobiles, their labels would remain the same,
because the refrigerant is intact at the point of purchase.
//ow 10 Label Containers of Recaptured Substances and Waste
If a company uses class 1 substances and captures those substances for incineration, it must label
all containers of class I substance waste bound for incineration or waste containing trace
amounts of class I substances.
Ozone-depleting substances bound for incineration and made into new products must be labeled
to inform the service technician of the specific substances to be handled and processed. The new
product containing ozone-depleting substances would require labeling.
Trace Quantities of Impurities Resulting from Inadvertent Production, Unreacted Feedstocks.
and Process Agents
Inadvertent Production: EPA realizes there are circumstances in which an ozone-depleting
substance is formed from a chemical reaction that takes place in a manufacture process, such as
the formation of carbon tetrachloride in the chlorination of drinking water. Such production is
unintentional, resulting in trace quantities of a class I substance remaining in the final product,
and therefore does not trigger the labeling requirements.
Process Agents: In addition, when manufacturers use an ozone-depleting substance as a
feedback or a process agent in their manufacturing processes and insignificant or trace quantities
of the substance remain in the final product, the product is exempt from the labeling
requirements for a "product containing".
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For example, carbon tetrachloride is used as a catalyst in producing chlorinated rubber, the
remaining trace amounts in final product would not trigger the labeling requirements for a
"product containing." This introduction of the substance is essential to the process and is neither
consumed nor inadvertently produced, thus the final product would be labeled as a "product
manufactured with."
In the case where a process agent is introduced, then removed from a product—such as in the
case of many explosion suppressants—the product would still require a label indicating it was
"manufactured with a class I substance," unless the removed substance is subsequently
transformed.
Treatment of the Use of Class I Substances for Repairs and Used Products
If a company sells solvent-cleaning products that do not contain ozone-depleting substances, and
those products are used by manufacturers who may use ozone-depleting substances in their
processes and then return the used solvent product for recycling, any contamination of those
used non-class I solvents resulting in trace amounts of class I substances in the recycled product
would not trigger labeling.
If a company recycles solvents or other chemical products that contain class I substances
necessary as part of their composition, it must label the new (recycled) product as a "product
containing" a class I substance, since the substance is necessary to the manufacture of the
product.
If a company sells used products, it is not required to relabel them, because they have already
been introduced into interstate commerce.
If a company performs repairs or upgrades on products using class I substances, it is not required
to label them; however, if it purchases components made with class I substances, those
components should be labeled, but the label is not required to be passed through with the
product. Products being upgraded, for example, would not require a new label on the final
product, because they are not being introduced in the interstate commerce.
4, Label Appearance and Placement
How the Labels Must Look
Format the labels so that they are in a square or rectangular area with or without a border. The
word "WARNING" must be in capital letters. See rule for type size requirements.
The warning statement must be in strong contrast against its background. For example, black
on white or red on white present strong contrasts; however, yellow on white or dark blue on
green do not. The key is that the warning statement be "clearly legible and conspicuous,"
The warning statement may be printed directly on a product or its outer packaging, or on
alternative labeling; actual adhesive labels, although an option, are not required.
Where the Labels Should Appear
Principal Display Panel (PDF) or a Display Panel Area
Placing the warning statement on any of these display panels clearly meets the mandate that the
statement be clearly legible and conspicuous.
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Alternative Labels
These may be used, as long as the statement is clearly legible and conspicuous. Examples are
hang tags, tape, cards, stickers, and other similar types of overiabeling.
Outer Packaging
The warning statement may be placed in the product's outer packaging if the product is sold in
its packaging, or if the consumer is able to read and understand the warning statement on such
packaging at the time of purchase.
Supplemental Printed Materials
Placing the warning statement conspicuously in supplemental printed information that
accompanies the product or container, such as invoices, bills of lading, package inserts, and
Material Safety Data Sheets (MSDS) at the time of purchase meets the requirements as long as
the purchaser can read the warning statement upon purchase.
Promotional Materials
For products purchased through telephone or mail orders, print the warning statement in a
conspicuous place in sales promotional literature, journals, newspapers, or displays so the
warning statement is available before the time of purchase. A company could include an insert
in such printed material bearing the warning statement. Another option would be the use of
supplemental printed materials that accompany the product at the time of delivery. With this
option, the consumer must be able to return the product if, at the time of delivery or payment,
they choose not to make the purchase based on the warning statement.
Products that are labeled on any one of the above methods do not require additional labeling.
5. Treatment of Products Manufactured for Export
Products manufactured for export are not required to be labeled, but there must be sound
evidence that such products are intended for export. This could include:
» Clear identification of an export area in a warehouse.
• Destination papers, shipping papers, or other documentation indicating that the products are
intended for export. This information must be readily available on site upon request by
EPA.
6. Treatment of Products Manufactured for Import
The importer will be held liable for all products subject to the labeling requirements imported
into the United States. These products are introduced into interstate commerce at the site of
U.S. Customs clearance.
Importers must have a reasonable belief that products introduced into interstate commerce are
accurately labeled. In order to have a reasonable belief, importers may investigate at least one
step back into the manufacturing process or develop a contractual agreement with its supplier
indicating whether the products have been made with ozone-depleting substances. An MSDS
would be another option for establishing a reasonable belief.
An importer planning to incorporate its imported product made with class I substances into a
new product must label the import; however, it is not required to label its final product if no
class I substance is used in the manufacture of the final product. If the product contains a class
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I substance, such as an air conditioner to be installed into an automobile, the importer must
label the final product (the vehicle) as a product containing upon its introduction into interstate
commerce.
7 Labeling of Packaging Materials
Manufacturing of Packaging Materials Made With Class I Substances Must Label
If a company makes packaging materials using class 1 substances, it must label its products as
"manufactured with a class I substance." The company's customer, however, is not required to
pass the label on the packaging materials through with its product. Examples of these products
include some corrugated packaging or open- ceil foam-blown materials.
Manufacturers of Packaging Materials Used to Package Other Products Made by That
Company
If a company makes its own packaging materials using a class I substance and it also makes a
product using no ozone-depleting substances to be sold in those packaging materials, its final
package must be labeled based on its use of class I substances in the packaging materials.
For example, a candy company may use a class I adhesive to affix a wrapper. The final product
would be labeled "manufactured with."
8. Products and Processes Under Research & Development
The use of class I or class II substances in the research and development of a product or process
does not require labeling, since neither one has been introduced into interstate commerce. Upon
a new product's introduction into interstate commerce, labeling would be required.
9, EPA Petition Processes
A manufacturer may petition EPA to add a class II substance or process using such a substance
to the labeling regulation if EPA determines that substitute products or processes: do not rely on
class II substances; reduce the overall risk to human health and the environment; and. are
currently or potentially available.
For products made with class I substances, a manufacturer may petition EPA to temporarily
exempt a product or process using a class I substance from the labeling requirements if EPA
determines that no substitute products or processes exist that: do not rely on class I substances;
reduce the overall risk to human health and the environment; and are currently or potentially
available.
10. Introduction Into Interstate Commerce
There are three entry points into interstate commerce for purposes of labeling requirements:
» Site of U.S. Customs (Customs) clearance. Labeling may occur; (1) at the foreign
production facility per agreement between manufacturer and importer, while in transit, or
another location before U.S. Customs inspects goods; (2) in supplemental printed material
prior to the products' entering the location in which Customs inspection occurs.
* Introduction into manufacturer's, distributor's, wholesaler's or retailer's warehouse.
Labeling may occur at manufacturer's production facility, or upon entry into manufacturer's
warehouse.
Distributors, wholesalers, and retailers must pass labeling information through to the
customer. Labeling information received from a manufacturer must remain with products in
the warehouse until the distributor, wholesaler, or retailer distributes or sells them. If the
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labeled products are repackaged or require new labels, such labeling must be secured prior
to the release of the products from the warehouse.
For example, a distributor purchases a bulk shipment of nuts and bolts that are labeled on
supplemental printed material as products manufactured CFCs. The supplemental printed
material must remain with the products in inventory until the distributor is ready to sell
them. Prior to the sale, the distributor may repackage the products into smaller boxes and
label the individual boxes. The labeling must be secured prior to the release of the products.
* Release from manufacturer's production facility where manufacturer has no
warehouse. Labeling may occur during production on production line, at end of production
line, or any time prior to release of products from production facility.
Labeling Charged Containers
A container charged with a class I substance must be labeled either when it leaves me place of
charging activity, when it enters storage for further sale, or when it enters a site of U.S. customs
clearance. Containers kept within a facility for a company's own manufacturing purposes need
not be labeled because they are not being introduced into interstate commerce.
Recharging "Products Containing"
A haloD manufacturer or distributor refills a fire extinguisher for use in a customer's facility.
The container discharging the halon would be labeled as a "container containing;", however, the
fire extinguisher, already purchased, would not require additional labeling. Fire extinguishers
would be labeled as "products containing" when they are sold. Subsequent labeling upon
refilling activity would not be required.
Servicing of "products containing" such as degreasers, fire extinguisher, and air conditioners
would not require relabeling by distributors or manufacturers.
EPA cannot hold servicers liable for removal of labels by customers. Furthermore, EPA
exempts the use of ozone-depleting substances from the labeling requirements for repairs.
Effective Dates
• Regulation effective May 15, 1993 pursuant to section 611.
• EPA expects the regulated community to meet the statutory deadline of May 15,1993.
• The grandfather provision, discussed above, only applies to those products made prior to May
15,1993, despite any enforcement discretion afforded.
For More Information:
Ozone Protection Hotline toll-free (800) 296-1996
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&EPA
United States Office of Air and Radiation
Environmental Stratospheric Protection
Protection Agency Division (62Q5-J)
Significant New Alternatives Policy
fSNAP) Program
Final Rule Summary
Statutory Requirements
Section 612 of the Clean Air Act (CAA) requires EPA to establish a program to identify alternatives to
Class I (CFCs, halons, carbon tetrachloride, methyl choroform, methyl bromide, and HBFCs) and Class
II (HCFCs) ozone-depleting substances and to publish lists of acceptable and unacceptable substitutes.
Upon promulgation of the final rule, it is illegal to replace a Class I or Class II substance with any
substitute which the Administrator determines may present adverse effects to human health or the
environment where other substitutes have been identified that reduce overall risk and are currently or
potentially available.
Any person may petition EPA to add a substitute to either of the lists. Such petitions will be granted or
denied within 90 days of receipt of a complete petition, to addition, any person who produces a substitute
for a Class I substance must notify EPA at least 90 days before new or existing alternatives are introduced
into interstate commerce for significant new use as substitutes for a Class I substance.
The Final Rule
On March 18, 1994 EPA published the Final Rulemaking (FRM) (59 FR 13044), which described the
process for administering the SNAP program and issued EPA's first acceptability lists for substitutes in the
major industrial use sectors. These sectors include refrigeration and air conditioning; solvents; foam
blowing; fire suppression and explosion protection; sterilants; aerosols; adhesives, coatings, and inks; and
tobacco expansion. To assess the acceptability of a substitute, the Agency completes a screening analysis
in which overall risks to uman health and the environment in use-specific applications are examined.
Updates
EPA intends to publish updates to the SNAP rule. These updates may be in two parts, a Notice' or a
'Rulemaking.' A 'Notice* contains no regulatory controls and thus does not need to go through the public
comment process. It enters into force upon publication in the Federal Register.
A Rulemaking requires a public notice-and-comment process, beginning with a 'Notice of Proposed
Rulemaking (NPRM)1. An NPRM contains proposed lists of agents deemed 'Acceptable Subject to Use
Conditions,' 'Acceptable Subject to Narrowed Use Limits,' and 'Unacceptable'. There is a 30-day public
comment period beginning on the date of publication in the Federal Register, after which a 'Final
Rulemaking1 is published.
Several Notices and Rules have been published since the inception of the SNAP program.
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Who Must Apply For Listing
Under SNAP, the Agency defines a "substitute" as any chemical, product, substitute, or alternative
manufacturing process, whether existing or new, that could replace a Class I or Class n substance. Anyone
who produces a substitute must provide the Agency with health and safety studies, as well as notify the
Agency at least 90 days before introducing it into interstate commerce for use as an alternative. This
requirement applies to chemical manufacturers, but may include importers, formulators or end-users when
they are responsible for introducing a substitute into commerce.
Information For SNAP Submission
To develop the lists of acceptable and unacceptable substitutes, the Agency must assess and compare
"overall risks to human health and the environment" posed by use of substitutes in the context of particular
applications. EPA requires submission of information covering a wide range of health and environmental
factors. These include intrinsic properties such as physical and chemical information, ozone depleting
potential, global warming potential, toxicity, and ftammability, and use-specific data such as substitute
applications, process description, environmental release data, environmental fate and transport, and cost
information.
Once a completed submission has been received, a 90 day review period under the SNAP program will
commence. Any substitute which is a new chemical must also be submitted to the Agency under the
Premanufacture Notice (PMN) program under the Toxic Substances Control Act (TSCA). Alternatives that
will be used in pesticide formulations must be filed jointly with EPA's Office of Pesticide Programs and
with SNAP.
Any information submitted as Confidential Business Information (CBI) will be treated in a manner
consistent with 40 CFR Pan 2, Subpart B. All claims of confidentiality must be substantiated at the time
of submission.
SNAP Notification Forms and the SNAP notification guidance manual may be requested from the
Stratospheric Hotline at 1-800-296-1996 or contact the SNAP Coordinator at (202) 564-9410.
The SNAP Lists
EPA has identified three mechanisms for revising or expanding the list of SNAP determinations published
in the final regulation:
• First, as new substitutes are developed for commercial sale, producers must notify EPA at least 90
days before introduction of a chemical into interstate commerce for significant new use as an
alternative to Class I or Class II substances;
• Second, any person may petition EPA to add or delete substances from the SNAP lists of acceptable
and unacceptable alternatives; and
« Third, EPA may revise the SNAP lists outside the context of petitions or notifications, based on new
data or on characteristics of substitutes previously reviewed.
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FOR MORE INFORMATION
Lists of acceptable and unacceptable substitutes for the industrial use sectors covered under the SNAP
program can be obtained from the Stratospheric Protection Hotline at 1-800-296-1996, M-F 10:00 a.m, to
4:00 p.m. (EST). International callers dial direct (301) 614-3396. The SNAP Federal Register notices can
be ordered from the Government Printing Office Order Desk (202) 783-3238; the citations for each are
listed in the SNAP chronology.
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United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Proper Techniques and Methods of Refrigerant Sampling
Purpose:
The purpose of tMs procedure is to enable an individual to obtain a proper, representative sample
of refrigerant from a cylinder or a refrigeration system for the purpose of characterizing the
refrigerant with respect to impurities affecting quality under ARI 700-95.
Scope:
This procedure shall apply to the sampling of any high pressure or low pressure refrigerant cylinder
or system requiring characterization.
Equipment:
« Vacuum Pump
« Vacuum Gauge
• Sample Cylinders
• Refrigerant Hoses(l/4" flare fittings) with Manifold Valving
• Heat Gun
• Thermocouple
• Refrigerant Leak Detector(preferably electronic)
• Caps ('/i" flare)
« Appropriate Personal Protective Equipment
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Vapor Phase Sampling
Notes:
In order to determine the amount of non-condensable gas present in the vapor phase of a refrigerant
cylinder/system a sample of the vapor is required. Vapor samples of low pressure refrigerants are
not required due to their liquid state at or above room temperature.
1. Connect the sample cylinder to the
source by means of a manifold assembly
allowing evacuation of all hoses. With
valve C closed, open valves A and B and
evacuate the sampling assembly to full
vacuum (-30" Hg).
2. Close Valve A and then slowly open
valve C and allow the sample cylinder
pressure to equilibrate with the source.
Close valves C and B.
3. Disconnect the sample cylinder from the
manifold assembly and check the
cylinder for leaks using an electronic leak
detector. Cap the cylinder.
4. Obtain the temperature of the source by
means of a thermocouple, and label the
sample with all relevant information.
Combination
Vacuum
Pressure
Gauge
Sample
Cylinder
Evacuated
f
L Vacuum
Line
Source
Vapor Phase
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Vapor Phase Sampling - Alternate Procedure
Notes:
In situations where conditions preclude the use of a vacuum pump the following alternate
procedure may be employed. It must be stated that the previous procedure is the preferred method
of sampling.
1. Connect a refrigerant hose between the source and the
2. Open Valve C, and carefully loosen the connection
at A to purge a small amount refrigerant vapor
phase through the hose to remove traces of air.
Tighten the connection at A.
3. Open the sample cylinder valve (B) and allow the
pressures to equilibrate. Close valves B and C and
disconnect the sample cylinder. Check the
cylinder for leaks. Cap the cylinder.
4, Obtain the temperature of the source by means of a
thermocouple. Label the cylinder with all relevant
information.
sample cylinder.
Source
Vapor Phase
Trawler
line
Sample
Cylinder
Evacuated
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Liquid Phase Sampling
Notes:
A liquid phase sample is required characterize a cylinder or refrigerant system with respect to all
parameters in ARI 700-95 with the exception of non-condensable gases. It is of utmost importance
that all sampling hardware be clean and dry prior to performing this procedure or the validity of the
analytical results may be compromised. Sample cylinders, if of a reusable type such as carbon or
stainless steel must be cleaned to remove any traces of moisture or oil prior to sampling. For this
reason it is recommended that commercially available, non-reusable disposable cylinders be
utilized.
5.
Externally cool the sample cylinder by whatever means available, such as cold tap water or an
ice pack to below the source refrigerant temperature.
Dry the source connection and the sample cylinder connection using a heat gun.
Connect the sample cylinder to the source
by means of a manifold assembly allowing
evacuation of all hoses. With valve C
closed, open valves A and B and evacuate
the sampling assembly to full vacuum(~30"
Hg).
Close valve A and then slowly open valve
C and allow refrigerant to flow into the
sample cylinder. When flow has ceased
close valves B and C.
Disconnect the sample cylinder from the
manifold assembly and check for leaks
using an electronic leak detector. Cap the
cylinder. Label the sample with all
relevant information.
Combination
Vacuum
Pressure
Gauge
Sample
Cylinder
Evacuated
f
L Vacuum
Line
Source
Liquid Phase
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Liquid Phase Sampling-Alternate Procedure
Source
Liquid Phase
Notes:
to situations that preclude the use of a vacuum pump the following procedure may be employed,
1. Externally cool the sample cylinder by whatever
means available, such as cold tap water or an
ice pack to below the source refrigerant
temperature,
2. Evacuate the sample cylinder to full vacuum
(-30" Hg).
3. Dry the source connection and the sample
cylinder connection using a heat gun.
4. Connect a refrigerant hose between the source
and the sample cylinder. Open the valve on the
source. Carefully loosen the hose at the sample
cylinder connection and purge a small amount
of liquid through the hose. Tighten the
connection at the sample cylinder (A).
5, Open valve B to allow refrigerant to flow into
the sample cylinder. When flow has ceased,
close valves B and C, and disconnect hose.
Check for leaks with leak detector. Cap sample
cylinder and label with all relevant information. ^ . -.
Cylinder
Evacuated
Transfer
line
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United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Shipping Forms and Labels
Non-flammable Gas Label:
Compliance Label:
INSIDE
PACKAGES
COMPLY WITH
PRESCRIBED
REGULATIONS
arm MM mot oa i
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Refrigerant Sample Label:
Refrigerant Sample
Ship to Label:
SHIP TO:
o
DfTKRMJaBKB
171? Artingate Lane
Columbus, OH 43228
FedEx USA Airbill:
SKA32
. USA Airbill as 5566^,3535 oo»70*230 3 Senders Copy
Djstsss— nawssss— aa±s
p
1NTEQBAI- BCIENCEB INC
1717
C«-UM»UB
— OH .. 43338
~«™ The World On Time
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FedEx Dangerous Goods Airbill:
The World On Time :
k a, t;atff>MS _ _i»J)IL.ai4M21 _ _
V r«—in«rrfiin«M^a>»i %i
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UPS Hazardous Material Shipping Paper:
UPS Hazardous Material Shipping Paper for Air Services:
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-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Compliance Assistance Tools
Tools have been developed to assist the regulated community in complying with the requirements
established under Title VI of the Clean Air Act Amendments, Below is description of two tools:
(1) The U.S. Environmental Protection Agency (EPA) and the Chemical Manufacturer's
Association (CMA) have developed a three-part compliance assistance tool that includes a
guidance document entitled, Compliance Guidance For Industrial Process Refrigeration Leak Repair
Regulations Under Section 608 of the Clean Air Act. The guidance document is intended for those
persons who are responsible for complying with the requirements. The other two modules are a
training tool and a self-audit checklist.
(2) A videotape titled "Responsible Practices: Servicing and Disposing of Refrigerant Equipment"
and an accompanying brochure have been developed to provide an overview of the §608
Refrigerant Recycling Program, with specific focus on the safe disposal and comfort-cooling
sectors.
These tools are available from the Stratospheric Protection Hotline at 800-296-1996.
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TRANS
Chiller Technologies and Applications
n
&
6
r~
O
REPLACE WITH ORIGINAL WHEN AVAILABLE
Engineered Systems Clinic
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Heat Transfer
Absorb Heti Injide
Reject Heat Outside
To •ccompllsh thli heat transfer we take advantaf* of two physical processes.
* Pressure effects the temperature at which a substance will evaporate or condense (change state),
• large amounts of energy must be transferred in order to accomplish this change of state.
100 Deg. F
Reject Heat to Outside Air
Air Out
High Pressure •
Low Pressure
Absorb Heat Inside Building
75 Deg. F
Condenser Unit
Fins: 1/3 hp Compressor; 5hp
-------
TEMPERATURE
CONTROL
HEAD PRESSURE
CONTROL
LIQUID LINE
FtLTIER-DRie«
SOLENOID
VALVE
FAN
CVCLINO
CONTROL
MOISTURE
LIQUID
INDICATOR
'A* SERES
THERMO
VALVE
TEMPERATURE
CONTROL
MOTQAS
BYPASS
REOULATQR
SUCTION LINE
FILTER DRIER
EVAPORATOR
PRESSURE
REGULATOR
OIL PRESSURE
SAFETY CONTROL
a LOW
PRESSURE
CONTRCL
SUCTION
ACCUMULATOR
AC/RBI KIGf-RATION SYSTEM COMPONHNTS
-------
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United States Environmental Protection Agency
Clear Air Act, Title VI, Section 608
Multiple Sectors
Sample Organizations
-------
M
United States Environmental Protection Agency
Clear Air Act, Title VI, Section 608
Multiple Sectors
Healthcare
Comfort, Fleet-609, Refrigeration
Education
Comfort, Fleet-609, Transport
Airports
Comfort, Fleet 609, Refrigeration, Transport
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United States Environmental Protection Agency
Clear Air Act, Title VI, Section 608
Industrial Process Refrigeration Equipment
Local/State Government
Comfort, Fleet 609, Refrigeration, Transport
Manufacturing
Process, Comfort, Fleet, Transport, Refrigeration, Foam?
Energy -Oil/Gas - Utilities
Process, Comfort, Fleet, Transport, Refrigeration
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M
United States Environmental Protection Agency
Clear Air Act, Title VI, Section 608
Multiple Sectors
Office
Comfort, Refrigeration
Pharmaceutical
Process, Comfort, Fleet-609, Transport, MDIs
HVAC/R Rental
Process, Comfort, Refrigeration
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M
United States Environmental Protection Agency
Clear Air Act, Title VI, Section 608
Multiple Sectors
Postal / Package Carriers
Comfort, Fleet-609, Transport, Refrigeration
Food Service
Comfort, Refrigeration, Fleet-609, Transport
Marine -Ocean, River, Inter-coastal
Comfort, Refrigeration, Transport?
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Motor Vehicle
Mr Conditioning (MVAC)
Inspection Program
Training Manual
prepared by Christine Dibble, OAR/OAP/SPD,
and Daniel Lucero, Region 4, APTMD/AEEB
May 1998
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TABLE OF CONTENTS
CHAPTER ONE, INTRODUCTION TO THE MOTOR VEHICLE AIR CONDITIONING
(MVAC) PROGRAM , 3
CHAPTER TWO. SUMMARY OF THE REQUIREMENTS OF SECTIONS 609
AND 612 OF THE CLEAN AIR ACT , 5
Section 609 of the Act 6
Handling CFC-12 Refrigerant 6
Handling HFC-134a Refrigerant 7
Handling Other Refrigerants that Substitute for CFC-12 9
Section 612 of the Act 10
Retrofitting Vehicles to Alternative Refngerants 10
Use Conditions 11
Alternative Refrigerant Label Colors 14
Fitting Sizes for Motor Vehicle Refrigerants f 5
MVAC Substitutes for CFC-12 Reviewed Under EPA's SNAP Program 17
CHAPTER THREE. DESCRIPTION OF LEVEL II MVAC INSPECTION 19
Getting More Information 22
Potential "Gray Areas" for MVAC Compliance 22
CHAPTER FOUR. MVAC INSPECTION CHECKLIST 24
CHAPTER FIVE. TEXT OF STATUTE AND REGULATIONS FOR SECTION 609 . 28
Statute: Section 609 of the Clean Air Act 29
Regulations Promulgated under Section 609 of the Act , 30
Sec. 82.30 Purpose and scope 30
Sec. 82.32 Definitions 30
Sec. 82.34 Prohibitions and required practices 32
Sec. 82,36 Approved refrigerant recycling equipment. 33
Sec. 82.38 Approved independent standards testing organizations. . . 34
Sec. 82,40 Technician training and certification 35
Sec. 82.42 Certification, record-keeping and public notification
requirements 36
CHAPTER SIX. LISTINGS AND FORMS 38
List of Approved Section 609 Certifying Organizations 39
List of Section 609 Approved Equipment 41
EPA Documents on MVACs Available on the Hotline and the Web Site 56
Equipment Owner's Certification to EPA 57
Legal Status ofHC-12a® and OZ-f 2® 58
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CHAPTER ONE
INTRODUCTION TO THE
MOTOR VEHICLE AIR CONDITIONING
(MVAC) PROGRAM
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Our Threatened Ozone Layer The ozone
layer acts as a blanket in the stratosphere that
protects us from harmful ultraviolet (UV) radia-
tion. Scientists worldwide believe that man-
made chemicals such as CFC-12 (also known
by the trade name Freon) are rapidly destroying
this layer of gas 10 to 30 miles above the earth's
surface. Strong UV radiation breaks the CFC-
12 molecules apart, releasing chlorine. A single
chlorine atom can destroy over one hundred
thousand ozone molecules. Ozone loss in the
atmosphere is likely to lead to an increase in
cataracts and skin cancer, which is now one of
the fastest growing forms of cancer, and could
weaken the human immune system. In the
U.S., one person dies of skin cancer every hour.
Agriculture, as well as plant and animal life, may
also be dramatically affected.
Remember that ozone is "good up high, bad
nearby": even though it protects us when it is in
the stratosphere, ozone at ground level can be
harmful to breathe and is a prime ingredient in
smog. Many man-made sources such as tail-
pipe emissions from cars contribute to ground-
level ozone.
Global Action to Protect the Ozone Layer.
The United States has joined over 160 countries
as a party to the international treaty known as
the Montreal Protocol. All developed countries
agreed to phase out production of most ozone-
depleting substances, including CFCs, by the
end of 1995. In the U.S., Congress passed the
1990 Clean Air Act Amendments (CAA or the
Act), which incorporated this production ban
date and directed EPA to develop regulations to
maximize recycling, ban nonessential uses,
develop labeling requirements and examine safe
alternatives for ozone-depleting substances.
Impact of Motor Vehicle Air Conditioners.
One of the largest uses of CFC-12 in the U.S. is
as a refrigerant in motor vehicle air conditioners
(MVACs). Section 609 of the Act gives EPA the
authority to establish requirements to prevent
the release of refrigerants during the servicing of
MVACs and to require recycling of refrigerants.
Widespread refrigerant recycling reduces the
demand for virgin CFC-12 and thus extends the
time that it will be available. Section 612 of the
Act gives EPA the authority to review potential
substitutes for ozone-depleting chemicals in
various end uses. By 1998, EPA's Significant
New Alternatives Policy (SNAP) Program, which
implements section 612, had reviewed and
listed as acceptable about ten substitutes for
CFC-12 in MVACs. The following sections de-
scribe the requirements of the law and its poten-
tial impact on the service industry.
An EPA inspector charged with confirming that
MVAC service facilities are complying with sec-
tion 609 of the Act may be asked why strict
compliance is so important. Simply put,
the ozone layer protects the earth from
harmful UV radiation,
CFCs deplete and destroy the ozone
layer,
• depletion of the ozone layer allows in-
creased UV radiation to reach the earth,
the increased radiation causes increases
in skin cancer, cataracts, crop losses, as
well as damage to the human immune
system and to aquatic organisms.
Compliance with section 609 of the Act is
needed to help protect the ozone layer, and thur
our quality of life.
An inspector may be further challenged to iden-
tify why the MVAC service industry has been
"singled out" for regulatory scrutiny, and asked
to bear the associated financial and paperwork
burdens. For their part in protecting the strato-
spheric ozone and our quality of iife, MVAC
service operations can have a tremendously
positive impact, if compliance with sections 609
and 612 can be ensured, because:
• CFC-12 accounts for more than 20% of
all CFC use in the U.S.;
• CFC-12 is the predominant refrigerant
used in MVACs; and
• eliminating emissions of CFC-12 from
MVACs can significantly reduce further
ozone depletion.
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CHAPTER TWO
SUMMARY OF THE REQUIREMENTS OF
SECTIONS 609 AND 612 OF
THE CLEAN AIR ACT
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Section 609 of the Act
Handling CFC-12 Refrigerant
Venting CFC-f 2 Refrigerant. Another sec-
tion of the Clean Air Act, section 608, prohib-
its releasing CFC-12 into the atmosphere.
The prohibition on venting CFC-12 has been
in effect since 1992.
Section 609 Regulatory History. The origi-
nal regulation promulgated under section 609
was published in July 1992. That regulation
established standards for equipment that
recovers and recycles CFC-12 refrigerant
from motor vehicle air conditioners, rules for
training and testing technicians to handle this
equipment, and record-keeping requirements
for service facilities and for refrigerant retail-
ers. A supplemental final rule published in
May 1995 established a standard for equip-
ment that recovers but does not recycle CFC-
12, and training and testing technicians to
handle this equipment.
Approved Equipment. Technicians repair-
ing or servicing CFC-12 MVACs must use
either recover/recycle or recover-only equip-
ment approved by EPA, Recover/ recycle
equipment cleans the refrigerant so that oil,
air and moisture contaminants reach accept-
ably low levels. A list of approved
recover/recycle and recover-only equipment
is available in the back of this manual. To be
approved, equipment must meet standards
set forth by EPA in the appendices to the
section 609 regulations. Most of these ap-
pendices simply adopt existing Society of
Automotive Engineers (SAE) standards. To
be approved, the equipment must be tested
by either UL or ETL labs to see if the equip-
ment meets the appropriate standard. In-
spectors should look on the equipment for
the UL or ETL sticker or metal plate that
indicates that the unit is "design certified to
meet SAE standards."
Technician Training and Certification.
Technicians who repair or service CFC-12
motor vehicle air conditioners must be trained
and certified by an EPA-approved organiza-
tion. Training programs must include informa-
tion on the proper use of equipment, the reg-
ulatory requirements, the importance of re-
frigerant recovery, and the effects of ozone
depletion. To be certified, technicians must
pass a test demonstrating their knowledge in
these areas. A list of organizations approved
to provide this training and testing is available
in the back of this manual.
Recordkeeping Requirements. Service
shops must certify to EPA that they own ap-
proved CFC-12 equipment. If refrigerant is
recovered and sent to a reclamation facility.
the name and address of that facility must be
kept on file.
Equipment Owner Certification. Shops
must, on a one-time basis, provide EPA with
a certification that provides:
(i) The name of the purchaser of the equip-
ment;
(ii) The address of the establishment where
the equipment will be located; and
(iii) The manufacturer name and equipment
model number, the date of manufacture, and
the serial number of the equipment.
The certification must also include a state-
ment that the equipment will be properly used
in servicing motor vehicle air conditioners,
that each individual authorized by the pur-
chaser to perform service is properly trained
and certified in accordance with section
82.40, and that the information given is true
and correct. The certification should be sent
to: MVACs Recycling Program Manager,
Stratospheric Protection Division (6205-J),
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U.S. Environmental Protection Agency, 401
M Street, SW., Washington, DC 20460.
The certification does not need to be pro-
vided on any particular form. Note that many
equipment manufacturers include some form
of the certification in the box that the equip-
ment is delivered in.
Equipment owner certifications are not trans-
ferable. If the shop is sold, the new owner
must submit a new equipment owner's certifi-
cation.
Sales Restrictions. Section 609 has long
prohibited the sale of small cans of ozone-
depleting refrigerants to anyone other than a
certified technician. The sale of any size
container of CFC-12 to anyone other than
certified technicians was prohibited under
section 608 of the Act beginning on Novem-
ber 14, 1994. This provision is intended to
discourage "do-it-yourselfers" who recharge
their own air conditioners. Such individuals
often release refrigerant because they typi-
cally do not have access to
recovery/recycling equipment. The Agency
encourages "do-it- yourselfers" to bring their
cars to certified technicians who can properly
fix air conditioners using approved
equipment. This avoids damage to A/C
equipment by improper charging and helps to
protect the environment.
The Act itself specifies that small containers
of ozone-depleting substances suitable for
use in MVACs may only be purchased by
section 609-certified technicians. Therefore,
a technician who works in the stationary /
commercial sector and has received section
608 certification may not purchase small
cans of CFC-12, or blends such as FRIGC,
Freez-one, Freeze-12, or GHG. As of early
1998, all EPA-accepted CFC-12 substitutes
other than HFC-134a contained ozone-de-
pleting substances.
Recycling vs. Reclamation
Recycling is the use of a machine to re-
move impurities and oil and then
recharge the refrigerant into either the
same car or a different car. Recycled
refrigerant is not as pure as reclaimed
refrigerant. Recycling occurs in the ser-
vice shop.
Reclamation is the removal of all oil and
impurities beyond that provided by on-site
recycling equipment, and reclaimed re-
frigerant is essentially identical to new,
unused refrigerant. Reclamation cannot
be performed in the service shop. Rather,
the shop generally sends refrigerant ei-
ther back to the manufacturer or directly
to a reclamation facility.
Handling HFC-134a Refrigerant
Venting HFC-134a Refrigerant, Section
608 of the Clean Air Act prohibits releasing
HFC-134a into the atmosphere. The prohibi-
tion on venting HFC-134a has been in effect
since November 1995.
Section 609 Regulatory History. In March,
1996, EPA proposed a rule to require recy-
cling of HFC-134a. The rule proposed stan-
dards for recover-only and recover/ recycle
equipment and rules for training and testing
technicians to handle this equipment. EPA
requested comments from the public about
this proposed rule, and, after reviewing the
comments, published a final rule on Decem-
ber 30, 1997. This final rule will become ef-
fective on January 29, 1998. For more infor-
mation about this rule, see the fact sheet
"Summary of Final Rule Governing Substi-
tutes for CFC-12 Refrigerant in Motor Vehicle
Air Conditioners" available through the Hot-
line and the web site.
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Approved Equipment. Technicians who
repair or service HFC-134a MVACs must
recover the refrigerant and either recycle it
on-site, or send it off-site to a reclamation
facility so that it may be purified according to
ARI Standard 700. Technicians must use
EPA-approved equipment to perform the
refrigerant recovery and recycling.
Recover/ recycle equipment cleans the refrig-
erant so that oil. air and moisture contami-
nants reach acceptably low levels. A list of
approved recover/recycle and recover-on;"/
equipment is available from the Hotline and
the web site listed above. Note that certain
EPA-approved models can recycle both CFC-
12 and HFC-134a refrigerants.
Converting CFC-12 Equipment for Use
with HFC-134a, EPA regulations prohibit
technicians from changing fittings on the
same unit back and forth so that the unit is
used for CFC-12 in the morning, HFC-134a
in the afternoon, then back to CFC-12 again,
etc, EPA regulations specify that when
equipment is converted for use with a new
refrigerant, the converted unit must be able to
meet the applicable equipment standard set
forth in the regulations. CFC-12 equipment
may be permanently converted for use with
HFC-134a under certain conditions. EPA
intends to issue regulations placing certain
restrictions on these retrofits in the future.
Those restrictions may require that the man-
ufacturer's service representative rather than
the automotive service technician perform the
retrofit, that a unit may only be retrofitted if
retrofit procedures have been certified by an
independent testing laboratory such as Un-
derwriters Laboratories, and that an appropri-
ate label is affixed to the unit. In addition, the
retrofitted unit must meet the technical speci-
fications of SAE standard J2210 and must
have the capacity to purify used refrigerant to
SAE standard J2099 for safe and direct re-
turn to the air conditioner following repairs.
Currently, however, in the absence of any
EPA regulations, a service facility may per-
form such a retrofit, or may have the equip-
ment manufacturer's service representative
perform the retrofit, as long as the fittings are
changed in accordance with EPA's Signifi-
cant New Alternative Policy (SNAP) program
regulations. The Agency cautions techni-
cians, however, that even though recovenng
a given refrigerant using permanently con-
verted equipment is legal, it may not be tech-
nically desirable. The equipment is designed
to be compatible with specific refrigerants,
and incompatible matenals may cause short
circuits, damage to seals, and compressor
failure Technicians should check with the
recovery equipment manufacturer for recom-
mendations about the recovery of refrigerants
other than the refngerant the equipment was
onginaliy intended to recover. Conversion of
recovery equipment for use with other refrig-
erants may also invalidate any warranties
offered by the equipment manufacturer.
Technician Training and Certification.
Technicians who repair or service HFC-134a
MVACs must be trained and certified by an
EPA-approved organization. If a technician
is already trained and certified to handle
CFC-12, he does not need to be recertified to
handle HFC-134a, A list of approved testing
programs is available from the Hotline and
the web site listed above.
Recordkeeping Requirements. Service
shops must certify to EPA that they own ap-
proved HFC-134a equipment. Note that this
certification is a one-time requirement, so
that if a shop purchased a piece of CFC-12
recycling equipment in the past, and sent the
certification to EPA, the shop does not need
to send a second certification to EPA when it
purchases a second piece of equipment, no
matter what refrigerant that equipment is
designed to handle. If refrigerant is recov-
ered and sent to a reclamation facility, the
8
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shop must retain the name and address of
that reclaimer.
Sales Restrictions. Right now, there is no
restriction on the sale of HFC-134a, so any-
one may purchase it. This year, EPA will
issue a proposed rule under section 608 of
the Act that will include a proposal to restrict
the sale of HFC-134a so that only technicians
certified under sections 608 and 609 may
purchase it. After the proposed rule is pub-
lished, EPA will review comments from the
public on the proposa! and will then publish a
final rule sometime in 1998 or 1999.
Handling Other Refrigerants that Substi-
tute for CFC-12
Venting Substitute Refrigerants, Other
than HFC-134a, all EPA-accepted refriger-
ants that substitute for CFC-12 in motor vehi-
cles, and that are currently on the market,
are blends that contain ozone-depteting
chemicals such as R-22, R-142b and R-124.
Section 608 of the Clean Air Act prohibits
venting any of these new blend substitutes
into the atmosphere. The prohibition on vent-
ing these ozone-depleting blends has been in
effect since 1992.
Section 609 Regulatory History. The De-
cember, 1997 final rule established a stan-
dard for equipment that is designed to re-
cover, but not recycle, any single, specific
blend substitute refrigerant.
Using Older Equipment to Recover
Blends. Technicians have a number of
choices in recovering blend refrigerants. One
option is that a technician may permanently
dedicate an older piece of equipment he
owns to recovering one or more blend refrig-
erants. The technician may also use this
equipment to recover contaminated CFC-12
and HFC-134a and other "mystery mixtures."
This equipment, however, may no longer be
used to recover uncontaminated CFC-12 or
HFC-134a. Refrigerant recovered using this
kind of "junk" tank must then be shipped off-
site for reclamation or destruction.
Using New Equipment to Recover Blends.
Another option for recovering a blend refrig-
erant is to use a new piece of EPA-approved
equipment designed to recover, but not recy-
cle, any single, specific blend refrigerant.
The EPA regulation published in December,
1997 includes an appendix that describes the
standards that this new equipment must
meet.
In addition, EPA is currently working with
independent testing laboratories and with
equipment manufacturers to devise a stan-
dard for new equipment that can recover, but
not recycle, both multiple blend refrigerants
and contaminated CFC-12 and HFC-134a.
EPA will finalize a standard for this type of
equipment by the end of 1998. This equip-
ment may be commercially available by the
1998 A/C season. EPA expects to grandfa-
ther any equipment purchased in 1998 before
the EPA standard becomes finalized.
Recycling Blends. EPA regulations do not
currently permit the recycling of blend refrig-
erants. Today, then, a blend refrigerant must
be shipped off for reclamation or destruction
after it has been recovered. EPA, however,
is currently working with independent testing
laboratories and with equipment manufactur-
ers to devise a standard for new equipment
that can both recover and recycle one or
more blend refrigerants. EPA may require
that any recycled blend refrigerant be
recharged into the same vehicle from which it
was originally recovered. EPA will finalize a
standard for this type of equipment by the
end of 1998. This equipment may be com-
mercially available by the 1998 A/C season.
EPA expects to grandfather any equipment
purchased in 1998 before the EPA standard
becomes finalized.
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Converting CFC-f 2 Recover/Recycle
Equipment for Use with Blend
Substitutes. EPA also currently prohibits
the conversion of existing CFC-12 or HFC-
134a recycling equipment for either tempo-
rary or permanent use with a blend refriger-
ant, unless the equipment is used only to
recover, but not to recycle, the refrigerant. In
the future, EPA may issue regulations allow-
ing these conversions but placing certain
restrictions on who performs the conversions,
what models may be converted, etc
Technician Training and Certification.
Technicians who repair or service MVACs
that use blend refrigerants must be trained
and certified by an EPA-approved organiza-
tion. If a technician is already trained and
certified to handle CFC-12 or HFC-134a, he
does not need to be recertified to handle a
blend refrigerant.
Recordkeeping Requirements. Service
facilities that work on vehicles that use blend
substitutes must certify to EPA that they own
approved equipment designed to service
these refrigerants. Note that this certification
is a one-time requirement, so that if a shop
purchased a piece of CFC-12 or HFC-134a
recycling equipment in the past, and sent the
certification to EPA, the shop does not need
to send a second certification to EPA when it
purchases a second piece of equipment, no
matter what refrigerant that equipment is
designed to handle. If refrigerant is recov-
ered and sent to a reclamation facility, the
shop must retain the name and address of
that reclaimer.
Sales Restrictions. Section 608 regulations
prohibit the sale of any size container of any
blend refrigerant to anyone other than a certi-
fied technician. This prohibition began in
November, 1994.
Section 612 of the Act
Retrofitting Vehicles to Alternative
Refrigerants
Although section 609 of the Act does not
govern retrofitting, section 612 of the Act,
which describes the Agency's Significant
New Alternatives Policy (SNAP) program,
does require that when retrofitting a CFC-12
vehicle for use with another refrigeran'.. the
technician must first extract the CFC-12,
must cover the CFC-12 label with a label that
indicates the new refrigerant in the system
and other information, and must affix new
fittings unique to that refrigerant. In addition,
if a technician is retrofitting a vehicle to a
refrigerant that contains R-22, the technician
must ensure that only barrier hoses are used
in the A/C system. Finally, if the system in-
cludes a pressure relief device, the techni-
cian must install a high- pressure compressor
shutoff switch to prevent the compressor
from increasing pressure until the refrigerant
is vented.
EPA Significant New Alternatives Policy
(SNAP). In 1994, EPA established the SNAP
Program to review alternatives to ozone-de-
pleting substances like CFC-12. Under the
authority of the Act, EPA examines new sub-
stitutes for their ozone-depSeting, global
warming, flammability, and toxicity character-
istics. EPA has determined that several re-
frigerants are acceptable for use as CFC-12
replacements in motor vehicle air condition-
ing systems, subject to certain use condi-
tions. This fact sheet lists the use conditions
in detail and provides information about the
current crop of refrigerants.
It is important to understand the meaning of
"acceptable subject to use conditions." EPA
believes such refrigerants, when used in ac-
cordance with the conditions, are safer for
human health and the environment than
CFC-12. This designation does not mean
that the refrigerant will work in any specific
system, nor does it mean that the refrigerant
10
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is perfectly safe regardless of how it is used.
Finally, note that EPA does not approve or
endorse any one refrigerant that is accept-
able subject to use conditions over others
also in that category.
Note also that EPA does not test refrigerants.
Rather, we review information submitted to
us by manufacturers and various independ-
ent testing laboratories. Therefore, it is im-
portant to discuss any new refrigerant with
your auto manufacturer and shop technician
before deciding to use it, and in particular to
determine what effect using a new refrigerant
will have on your warranty. Before choosing
a new refrigerant, you should also consider
whether it is readily and widely available, and
your technician should consider the cost of
buying recovery/recycling equipment for that
refrigerant. Additional considerations about
purchasing CFC-12 substitutes can be found
in EPA's fact sheet titled "Questions to Ask
Before You Purchase an Alternative Refriger-
ant."
Definition of "Motor Vehicle Air Condi-
tioning." Under the SNAP program, the
motor vehicle air conditioning (MVAC) end-
use includes all forms of air conditioning that
provide cooling to the passenger compart-
ments in moving vehicles. This definition
includes both MVACs, defined under the sec-
tion 609 regulations, and MVAC-like equip-
ment, defined under the section 608 regula-
tions. EPA regulations issued under sections
608 and 609 of the Clean Air Act distinguish
between MVACs and MVAC-like equipment
for purposes of refrigerant recycling and han-
dling. EPA includes both in the SNAP MVAC
end-use and has relied on this definition
since the original SNAP rule of March 18,
1994 (59 FR 13044). All use conditions,
unacceptability findings, and other regulatory
actions for this end-use apply equally to on-
road vehicles, such as automobiles and
trucks, and to off-road vehicles, such as
tractors, combines, construction, and mining
equipment.
Misleading use of "Drop-in" to Describe
Refrigerants. Many companies use the term
"drop-in" to mean that a substitute refrigerant
will perform identically to CFC-12, that no
modifications need to be made to the system,
and that the alternative can be used alone or
mixed with CFC-12. However, EPA believes
the term confuses and obscures several im-
portant regulatory and technical points.
First, charging one refrigerant into a system
before extracting the old refrigerant is a viola-
tion of the SNAP use conditions and is, there-
fore, illegal. Second, certain components
may be required by law, such as hoses and
compressor shutoff switches. If these com-
ponents are not present, they must be in-
stalled. See the section befow on use condi-
tions for more information on these points.
Third, it is impossible to test a refrigerant in
the thousands of air conditioning systems in
existence to demonstrate identical perfor-
mance. In addition, system performance is
strongly affected by outside temperature,
humidity, driving conditions, etc., and it is
impossible to ensure equal performance un-
der all of these conditions. Finally, it is very
difficult to guarantee that system components
will last as long as they would if CFC-12 were
used. For all of these reasons, EPA does not
use the term "drop-in" to describe any alter-
native refrigerant.
Use Conditions
Under the SNAP rule, each new refrigerant
must be used in accordance with the condi-
tions listed below. If you choose to use an
alternative, make sure the service shop
meets these requirements and that it has
dedicated recovery/recycling equipment for
that refrigerant.
UNIQUE FITTINGS: Each new refrig-
erant must be used with a unique set
11
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of fittings to prevent the accidental
mixing of different refrigerants. These
fittings are attachment points on the
car itself, on all recovery/recycling
equipment, on can taps and other
charging equipment, and on all refrig-
erant containers. If the car is being
retrofitted, any service fittings not con-
verted to the new refrigerant must be
permanently disabled. Unique fittings
help protect the consumer by ensur-
ing that only one type of refngerant is
used in each car. They also help pro-
tect the purity of the recycled supply
of CFC-12, which will mean it will last
longer, so fewer retrofits will be nec-
essary nationwide.
Applicability to Manifold Gauges
and Refrigerant Identifiers. Mani-
fold gauges allow technicians to diag-
nose system problems and to charge,
recover, and/or recycle refrigerant. A
standard fitting may be used at the
end of the hoses attached to the man-
ifold gauges (designated "end 1" for
purposes of this discussion), but
unique fittings must be permanently
attached at the ends of the hoses that
attach to vehicle air conditioning sys-
tems and recovery or recycling equip-
ment (designated as "end 2"). Simi-
larly, refrigerant identifiers may be
used with multiple refrigerants. The
connection between the identifier or
similar service equipment and the
service hose may be standardized
and work with multiple hoses. For
each refrigerant, however, the user
must attach a hose to the identifier
that has a fitting unique to that refrig-
erant permanently attached to the end
going to the vehicle. Adapters for one
refrigerant may not be attached to
end 2 and then removed and replaced
with the fitting for a different refriger-
ant. The guiding principle is that once
attached to a hose, the fitting is per-
manent and is not removed.
LABELS: Whether a car is originally
designed to use a new refrigerant or
is retrofitted, the technician must ap-
ply a detailed label giving specific in-
formation about the alternative. The
label's color is chosen by the manu-
facturer to be unique, and it contains:
» the name and address of the
technician and the company
performing the retrofit;
» the date of the retrofit;
the trade name, charge
amount, and, when applicable,
the ASHRAE numerical desig-
nation of the refrigerant;
• the type, manufacturer, and
amount of lubricant used; and
if the refrigerant is or contains
an ozone-depleting substance,
the phrase "ozone depleter"
This label covers up information about
the old refrigerant, and provides valu-
able details on the alternative and
how it was used. It also tells the
owner who performed the retrofit
REMOVE ORIGINAL REFRIGER-
ANT: The original CFC-12 must be
removed from the system prior to
charging with the new refrigerant.
This procedure will prevent the con-
tamination of one refrigerant with an-
other. Refrigerants mixed within a
system probably won't work and could
damage the system. As mentioned
above, this requirement means that
no alternative can be used as a "drop-
in."
BARRIER HOSES: HCFC-22, a com-
ponent in some blends, can seep out
through traditional hoses. Therefore,
12
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when using these blends, the techni-
cian must replace the old hoses with
new, less permeable hoses. The ta-
ble notes this additional requirement
where appropriate.
COMPRESSOR SHUTOFF SWITCH:
Some systems have a device that
automatically releases refrigerant to
the atmosphere to prevent extremely
high pressures. When retrofitting any
system with such a device to use a
new refrigerant, the technician must
also install a shutoff switch on the
compressor. This switch will prevent
the compressor from increasing the
pressure to the point where the refrig-
erant is vented.
Alternative Refrigerants. The table below
summarizes the following information about
refrigerants reviewed under EPA's SNAP
program for use in motor vehicle air condi-
tioning systems. Note that "air conditioning"
means cooling vehicle passenger compart-
ments, not cargo areas, so refrigeration units
on trucks and rail cars are not considered air
conditioners.
• Name: Many refrigerants are sold un-
der various names. All known trade
names are listed, separated by
slashes.
Status:
Acceptable subject to use con-
ditions: May be used in any
car or truck air conditioning
system, provided the techni-
cian meets the conditions de-
scribed above. Note that EPA
cannot guarantee that any
refrigerant will work in a spe-
cific system.
• Unacceptable: Illegal to use as
substitutes for CFC-12 in car
or truck air conditioners.
• Proposed acceptable subject
to use conditions: May be
used legally. EPA will accept
public comment on these re-
frigerants and then make a
final ruling. Until then, there is
no formal EPA position, and it
is improper for advertising to
imply that EPA has found the
product acceptable.
Not submitted: Illegal to use or
sell for use in motor vehicle air
conditioning systems.
Date of ruling: The date either a final
rule or a proposed listing was pub-
lished in the Federal Register. Note
that proposed listings are not final and
may change because of public com-
ment.
Manufacturer name and contact
phone number: Call for more informa-
tion on testing, performance, system
compatibility, etc.
Composition: Every refrigerant other
than HFC-134a is a blend of several
components
13
-------
Alternative Refrigerant Label Colors
To comply with the conditions on the use of motor vehicle refrigerants, a detailed label must be
applied that features a unique background color. This table summarizes the colors chosen for
the refrigerants listed as of June 3, 1997, The information required for each label is listed in
EPA's fact sheet titled "Choosing and Using Alternative Refrigerants for Motor Vehicle Air
Conditioning," available from EPA's world wide web site and from the Stratospheric Ozone
Hotline at 800-296-1996.
Refrigerant Background
CFC-12 White
Freeze 12 Yellow
Free Zone / RB-276 Light Green
Hot Shot Medium Blue
GHG-X4 Red
R-406A Black
GHG-X5 Orange
GHG-HP Not yet developed
IKON-12 Not yet developed
HFC-134a Sky Blue
FRIGCFR-12 Gray
14
-------
United States
Environmental Protection
Agency
Office of Air ana Radiation
Stratospheric Protection Division
6205J
June 1997
EPA-430-F-97-067
Fitting Sizes for Motor Vehicle Refrigerants
OZONE PROTECTION HOTLINE TOLL-FREE (800) 296-1996
SNAP WORLD WIDE WEB SITE: http://www.epa.gov/ozone/title6/snap
These fittings must be used with alternative refrigerants when used in motor vehicle air conditioning systems. For more details, see EPA's fact sheet titled
"Choosing and Using Alternative Refrigerants for Motor Vehicle Air Conditioning," available from the hotline and on the web site. This list includes all
refrigerants found acceptable subject to use conditions in motor vehicle air conditioning as of June 3,1997.
Refrigerant
CFC-l2(post-
I987)
CFC- 1 2 (pre-
1987)
FREEZE 12
Free Zone /
RB-276
Hot Shot
GHG-X4
GHG-X5
R-406A
GHG-HP
IKON
HFC-134a
Contact
multiple
Technical Chemi-
cal
800-527-0885
Refrigerant
Gases
888-373-3066
ICOR
800-357-4062
People's Welding
800-382-9006
multiple
High Side Service Port
Diameter
(inches)
6/16
7/16
7/16
8/16
10/16
.305
8/16
.305
Pitch
(Ihrcads/
inch)
24
20
14
13
18
32
20
32
Thread
Direction
Right
Right
Left
Right
Left
Right
Left
Left
Low Side Service Port
Diameter
(inches)
7/16
7/16
8/16
9/16
10/16
.368
9/16
.368
Pitch
(threads/
inch)
20
20
18
18
18
26
18
26
[bread
Direction
Right
Right
Right
Right
Right
Right
Left
Left
30-1I>. Cylinders
Diameter
(inches)
7/16
7/16
8/16
9/16
10/16
.368
9/16
.368
Pitch
(Ihrcads/
inch)
20
20
18
18
18
26
18
26
Thread
Direction
Right
Right
Right
Right
Right
Right
left
Left
Small Cans
Diameter
(inches)
6/16
7/16
6/16
6/16
Pitch
(threads/
inch)
24
20
24
24
Thread
Direction
Right
Right
Right
Left
not sold in small cans
14mm
1.25mm
spacing
Left
not sold in small cans
8/16
20
Left
not yet developed
not yet developed
quick-connect
quick-connect
8/16
16 Acme
Right
8/16
16 Acme
Right
-------
tteivlgeranl
PRIGC
Contact
Intercool
800-555-1442
High Side Service Port
Diameter
(inches)
Pitch
(threads/
Inch)
Thread
Direction
quick-conned, different from
HFC-I34a
Low Side Service Port
Diameter
(inches)
I'itch
(threads/
inch)
Thread
Direction
quick-connect, different from
HFC-l34a
30-lh. Cylinders
Diameter
(inches)
8/16
I'itch
(threads/
inch)
20
Thread
Direction
Left
Small Cans
Diameter
(inches)
7/16
Pilch
(threads/
inch)
20
Thread
Direction
Left
-------
MVAC Substitutes for GFC-12 Reviewed Under EPA's SNAP Program as of June 3,1997
Name(1)
HFC-134a
FR1GC
FR-12
Free Zone/
RB-276
(4)
lkon-12
R-406A/
GHG/
McCooi (5)
GHG-X4/
Autofrost/
~hill-lt (5)
lot Shot/
R-414W
Kar Kool (5)
GHG-HP (5)
FREEZE
12
GHG-X5 (5)
OZ-12
R-176
HC-12a
R-405A
S
t
a
t
u
s
(2)
ASU
ASU
ASU
ASU
ASU
ASU
ASU
ASU
ASU
ASU
UNA
UNA
UNA
UNA
Date
3/18/94
6/13/95
5/22/96
5/22/96
10/16/96
10/16/96
10/16/96
10/16/96
10/16/96
6/3/97
3/18/94
3/18/94
6/13/95
6/13/95
Manufacturer
Several
Intermagnetics
General
800-555-1442
Freezone
888-373-3066
fkon Corp.
601-868-0755
People's
Welding
800-382-9006
People's
Welding
800-382-9006
IGOR
800-357-4062
People's
Welding
800-382-9006
Technical
Chemical
800-527-0885
People's
Welding
800-382-9006
OZ Technology
Arctic Chill
OZ Technology
Greencool
Components / Reason Unacceptable
HCFC-
22
HCFC-
124
39
HCFC-
142b
19
HFC-
134a
100
59
79
Butane
(R-600)
(3)
2
Isobutane
(R-€OOa)
(3)
Composition claimed as confidential business information
55
51
50
65
41
28.5
39
41
16.5
9.5
31
20
15
80
4
4
1.5
4
4
Flammable blend of hydrocarbons; insufficient data to demon-
strate safety
Contains CFC-12, which is inappropriate in a CFC-12 substitute
Flammable blend of hydrocarbons; insufficient data to demon-
strate safety
Contains a perfluorocarbon, which has extremely high global
warming potential and lifetime
HFC-
227 ea i
|;
40
(1) R-401A (made by DuPont), R-401B (DuPont), R-409A (Elf Atochem), Care 30 (Cator Gas), Adak-
29/Adak-12 (TACIP Int'l), MT-31 {Millenia Tech), and ES-12R (Intervest) have not been submitted
review in motor vehicle air conditioning, and it is therefore illegal to use them in such systems.
for
17
-------
(2) See text for details on legality of use according to status
ASU = acceptable subject to fittings, labeling, and no drop-in use conditions
UNA = unacceptable; illegal for use as an R-12 substitute in MVACs
(3) Although some blends contain hydrocarbons, all blends that are ASU are nonflammable as blended
(4) Freezone contains 2% of a lubricant
(5) HCFC-22 content results in an additional use condition: must be used with barrier hoses
18
-------
CHAPTER THREE
DESCRIPTION OF
LEVEL IIMVAC INSPECTION
-------
A Level 2 inspection is an inspection of a facility that seeks detailed information on facility
procedures and refrigerant handling in the way of documentation. Often, specific information will be
reviewed and photocopied by the inspector. This may include technician certifications, the company's
equipment owners certification to EPA, customer service invoices, reclaimer billings for off-site
recycling, refrigerant reclaimer information, and any other records the inspector finds necessary.
The MVAC inspector must always be mindful that any information and documentation
collected during an inspection may be used as evidence in support of an enforcement action.
Accuracy of the information collected is important. It goes without saying, professional conduct as a
representative of EPA is expected at all times.
Some of the records that businesses keep and EPA is interested in reviewing are not required
in the regulations. The reason for this is that approximately 80% of businesses do retain these
records as a normal part of their business operations. As an EPA representative, you may request
and use these records if available. It is not however a violation if the facility does not have requested
information if it is not specifically required in the regulations.
The MVAC inspector should be reasonably well organized and perform a thorough and
objective investigation that includes the following:
Identify yourself and ask for the appropriate facility representative, owner, or
responsible person;
* Note how the facility owner became informed about the MVAC requirements (this
checklist item will be used by EPA in targeting new or better ways of communicating
their requirements and making compliance even more easily understood);
« Explain that purpose of your inspection is to gather information needed to determine
the facility's compliance status with the section 609 and 612 regulations. As a field
inspector, you will NOT be making any compliance determinations in the field,
Note the facility name, address, name or owner or operator, name and title of person
in charge, and a phone number (ask for a business card);
Note the facility setting (i.e. urban, rural, etc.);
Note the facility description, which will qualitatively differentiate the relative size of the
facility;
Note how they found out about the regulations;
Note where the facility purchases refrigerant(s) and list all of the refrigerants that the
facility uses;
Note where the facility sends recovered refrigerant for reclamation;
• Note if the facility has a refrigerant identification device (this is not a regulatory
requirement, but gives an indication of the overall operation of the facility and their
capacity to handle contaminated refrigerants);
Note how many recovery-only and recover/recycle devices the facility has on-site;
20
-------
Record the name, model number, date purchased or manufactured, the rated refriger-
ants for each device, and whether or not there is an appropriate label statement that
the equipment meets SAE J standards;
Note if the facility has dedicated equipment for each different refrigerant used;
Note if the facility has submitted to EPA the equipment owner's certification (if they
have, make a copy of their file copy, or if they have not, provide them with a copy);
Note the total number of technicians that perform any MVAC service;
• Make a copy of each technicians certification demonstrating proper refrigerant
handling by an EPA approved program;
Note whether or not the facility performs refrigerant retrofits;
Note whether or not the facility has in stock the appropriate parts to perform refrigerant
retrofits for each alternative refrigerant (i.e. unique service fittings designed by the
manufacturer of the alternative, barrier type hoses, permanent air conditioning system
labels, and compressor shutoff switches for systems with high pressure cutoffs);
Note if the recovery/recycling equipment has been converted for use with alternative
refrigerants;
Note if the facility uses any flammable refrigerants (i.e. HC-12a®, Duracool-12a, etc.);
Characterize the general nature of the facility's service invoices;
If the facility has recover-only equipment, note the quantity of refrigerant(s) sent off-
site for reclamation;
If the facility performs retrofits, do the service invoices indicate evacuation of the old
refrigerant and the installation of the unique fittings, labels, hoses, and switches. Make
copies of any invoices that do contain these elements;
If the facility does not have recovery/recycling equipment for each refrigerant used,
make copies of service invoices showing different refrigerant MVAC service;
If any service technicians are not certified, make copies of service invoices showing
that technician performing MVAC service; and
The inspector must print their name, the date of the inspection, time of the inspection,
and sign the completed inspection checklist at the conclusion of the inspection, Attach
copies of any collected materials to the back of the inspection checklist.
An inspector should provide the responsible party with the EPA Hotline phone number and
hours of operation and the Internet web site address for the Ozone Protection Program. If the facility
has not submitted the equipment owner's certification, this form should also be provided. A goal of
the inspection program is to help the regulated community to understand the program and its
compliance requirements and deadlines.
-------
GETTING MORE INFORMATION
The regulated community can receive information and have questions answered by the toll
free stratospheric ozone hotline.
1 -800-296-1996
Weekdays 10:00 a.m. to 4:00 p.m.
Information can also be view and download from the Ozone protection program Internet site at
WWW.EPA.GONAOZONE
POTENTIAL "GRAY AREAS' FOR MVAC COMPLIANCE
Inspectors will undoubtedly encounter "gray areas" or issues that are not completely clear.
Inspectors should consult EPA's Office of Compliance for clarity as new questions arise that are not
explicitly addressed in the Final Rule. EPA has identified the following examples of questions which
have required clarification in the past. Specifically, inspectors needing further clarification of "gray
areas" may contact Dawn Banks at:
U.S. Environmental Protection Agency
Office of Compliance
Mail Code 2422A
401 M Street, SW
Washington, DC 20460
Telephone (202) 564-7034
Fax (202) 564-0009
Question 1: What types of units fall within the definition of motor vehicle air conditioners, as
they are covered by Section 609?
Answer: Refrigeration equipment used to cool motor vehicle driver or passenger compartments are
included. For example in a transport or commercial truck the driver/passenger cooling system is
covered under Section 609. In the same vehicle there may be a hermetically sealed refrigeration unit
for cooling stored materials; this unit is covered under Section 608.
Question 2: What types of vehicle are covered under Section 609?
Answer: Vehicles that are covered include those that transport people or property, including
passenger cars, trucks, light and heavy duty vehicles on a street or highway. Section 609 uses the
definition of motor vehicle from Title II of the Act.
Question 3: What type of vehicles are not covered under Section 609?
Answer: Vehicles that are not included as motor vehicles covered under Section 609 include trains,
airplanes, marine vessels or motor boats, farm equipment, construction equipment, and buses that
use HCFC-22. All of these vehicles are covered by Section 608.
-------
Question 4: is CFC-12 the only refrigerant covered under Section 609?
Answer: No. All substitute substances have been covered since 1995.
Question 5: What constitutes "servicing" of an MVAC?
Answer: Service involving the refrigerant means any service during which discharge or release of
refrigerant from the motor vehicle air conditioner to the atmosphere can reasonably be expected to
occur. Examples of servicing include dismantling MVACs, any repairs to a system that requires
removal or replacement of the MVAC system of major components, disconnection of hoses or adding
refrigerant to "top off a system.
Question 6: Are any services on MVACs not covered by Section 609?
Answer: Yes, services performed for free are not covered under Section 609. However, service for
consideration does include fleets and vocational schools. These groups, although not billing for the
MVAC servicing directly or being paid a set fee explicitly for the service work, are paid employees
whose jobs include MVAC service.
Question 7: What is the simplest definition of "approved recover/recycling equipment?"
Answer; Equipment that "has been design certified to meet the SAE standards* by Underwaters
Laboratory (UL) or ETL is considered approved equipment. Several SAE standards may apply and
are listed here:
SAE J1991 = CFC-12 recycling equipment
SAE J2099 = HFC-134a recycling equipment
SAE J2209 = CFC-12 recovery-only equipment
Question 8: How does an inspector ensure that equipment has been certified?
Answer: The equipment should have a label affixed to it with a label stating that ft has been "design
certified to meet SAE standards." An inspector may also compare the equipment manufacturer,
make and model with the table listing approved equipment later in this manual.
Question 9: Are technician certification programs intended to test MVAC technician "problem
diagnosis and repair" skills?
Answer: No. Certification programs are only required to teach technicians how to recover and recycle
refrigerant, why refrigerant recovery and recycling must be done to protect the stratospheric ozone,
and what the regulatory requirements are.
Question 10: What is the simplest definition of how a technician "properly uses" approved
equipment?
Answer Proper use of equipment simply means following the appropriate SAE J standard, which
each property trained technician should understand.
-------
CHAPTER FOUR
MVAC INSPECTION CHECKLIST
24
-------
MVAC Inspection Checklist
1. Facility Name:
2. Facility Address:
3.
4.
5.
6.
Name of Owner/Operator:
8.
9.
10.
11,
12.
13.
Name and Title of Person in Charge:
Telephone Number of Person in Charge:
Facility setting (check all that apply):
Industrial Rural Suburban
Facility Description:
Regional/National Service Chain
Independent Shop
Fieet Garage
Does this facility service MVACs?
What kind of MVAC service is performed?
Urban
Dealership
Filling Station
Other:
. Yes No
top-off only more than top-off
How did the facility find out about EPA's requirements?
Fact Sheet EPA web site
Trade Association
Technician training
Other:
EPA hotline
Word of Mouth
Articles
Did not know about requirements
Where does the facility purchase refrigerants?
List all refrigerants that the facility uses:
Where does the facility send used refrigerant for reclamation?.
14. A. Does the facility have a refrigerant identifier? Yes
B. If No, what method is used to identify contaminated refrigerants?
No
-------
15, How many recover-only and recover-recycle devices does the facility have?
16- Record the name, model number, date purchased and rated refrigerants of each unit.
17. Does the facility have equipment dedicated to each refrigerant used? Yes No
18. A. Has the facility submitted to EPA the equipment owner's certification? Yes No
B, Did the company keep a copy for their own files? Yes No
19. How many facility technicians perform MVAC service?
20, Using copies of the technician certifications, record the names and training programs of ail MVAC
technicians:
21. Does the facility perform service with and/or retrofits to alternative refrigerant?
Yes No
22, A. Does the facility have in stock the following for each alternative (HFC-134a or a blend) used:
Unique service fittings Yes No
Permanent labels Yes No
Barrier Hoses (required only for blends that contain R-22) Yes No
Compressor Shutoff Switch (required only for A/C systems that include a high-pressure cut-off switch)
Yes No
B, Provide more detail on all NO answers in question 22A:
23. A, Has any of the recovery/recycling equipment been converted to alternative refrigerant service
Yes No
26
-------
B, If Yes, are unique service fittings permanently attached? Yes No
24. A. Does the facility use HC-12a®, OZ-12®, EC-12a, Duracool-12a or any other ftamma:
ants?
Yes No
B. If Yes, which ones:
25. Characterize the condition of the facility's service invoices:
Records have all information available
Records have only a few missing items
Records are lacking most required information
26. If the facility has recover-only equipment, how many pounds of refrigerant(s) have been :
off-site for reclamation? (Include the number of reclamation receipts used to determine :
amount.)
27. A. If the facility performs refrigerant retrofits (question 21), do retrofit service invoices ir ::
evacuation of old refrigerant and installation of unique fittings, labels and/or barrier hose;
Yes No
B. If No, make copies of retrofit invoices missing any of this information.
28. If the facility does not have recovery/recycling equipment for all refrigerants serviced (q;.
15), make copies of any invoices for MVAC service.
29, If the facility has a file copy of the equipment certification form (question 18B), make a c:
30. If the facility has any technicians who are not certified (questions 19 and 20), make cop £
any invoices for MVAC service involving that technician.
31, Inspector's Name:
32. Inspection Date: _
33. Time of Inspection:
34. Inspector Signature:
97
-------
CHAPTER FIVE
TEXT OF STATUTE AND REGULATIONS
FOR SECTION 609
28
-------
Statute: Section 609 of the Clean Air Act
(Incorporated into the U.S. Code at 42 U.S. C. Sec. 7671 h).
Servicing of motor vehicle air conditioners
(a) Regulations
Within 1 year after November 15, 1990, the
Administrator shall promulgate regulations in
accordance with this section establishing stan-
dards and requirements regarding the servicing
of motor vehicle air conditioners.
(b) Definitions As used in this section -
(1) The term "refrigerant" means any class I or
class II substance used in a motor vehicle air
conditioner. Effective 5 years after November
15, 1990, the term "refrigerant" shall also in-
clude any substitute substance.
(2){A) The term "approved refrigerant recycling
equipment" means equipment certified by the
Administrator (or an independent standards
testing organization approved by the Administra-
tor) to meet the standards established by the
Administrator and applicable to equipment for
the extraction and reclamation of refrigerant
from motor vehicle air conditioners. Such stan-
dards shall, at a minimum, be at least as strin-
gent as the standards of the Society of Automo-
tive Engineers in effect as of November 15,
1990, and applicable to such equipment (SAE
standard J-1990).
(B) Equipment purchased before the proposal of
regulations under this section shall be consid-
ered certified if it is substantially identical to
equipment certified as provided in subparagraph
(A).
(3) The term "properly using" means, with re-
spect to approved refrigerant recycling equip-
ment, using such equipment in conformity with
standards established by the Administrator and
applicable to the use of such equipment. Such
standards shall, at a minimum, be at least as
stringent as the standards of the Society of
Automotive Engineers in effect as of November
15, 1990, and applicable to the use of such
equipment (SAE standard J-1989).
(4) The term "properly trained and certified"
means training and certification in the proper
use of approved refrigerant recycling equipment
for motor vehicle air conditioners in conformity
with standards established by the Administrator
and applicable to the performance of service
on motor vehicle air conditioners. Such stan-
dards shall, at a minimum, be at least as strin-
gent as specified, as of November 15, 1990, in
SAE standard J-1989 under the certification
program of the National Institute for Automotive
Service Excellence (ASE) or under a similar
program such as the training and certification
program of the Mobile Air Conditioning Society
(MACS).
(c) Servicing motor vehicle air conditioners.
Effective January 1, 1992, no person repairing
or servicing motor vehicles for consideration
may perform any service on a motor vehicle air
conditioner involving the refrigerant for such air
conditioner without properly using approved
refrigerant recycling equipment and no such
person may perform such service unless such
person has been properly trained and certified.
The requirements of the previous sentence shall
not apply until January 1, 1993 in the case of a
person repairing or servicing motor vehicles for
consideration at an entity which performed ser-
vice on fewer than 100 motor vehicle air condi-
tioners during calendar year 1990 and if such
person so certifies, pursuant to subsection (d)(2)
of this section, to the Administrator by January
1, 1992.
(d) Certification
(1) Effective 2 years after November 15, 1990,
each person performing service on motor vehi-
cle air conditioners for consideration shall certify
to the Administrator either
(A) that such person has acquired, and is prop-
erly using, approved refrigerant recycling equip-
ment in service on motor vehicle air conditioners
involving refrigerant and that each individual
90,
-------
authorized by such person to perform such ser-
vice is properly trained and certified; or
(B) that such person is performing such service
at an entity which serviced fewer than 100 motor
vehicle air conditioners in 1991.
(2) Effective January 1, 1993, each person who
certified under paragraph (1){B) shall submit a
certification under paragraph (1){A).
(3) Each certification under this subsection shall
contain the name and address of the person
certifying under this subsection and the serial
number of each unit of approved recycling
equipment acquired by such person and shall be
signed and attested by the owner or another
responsible officer. Certifications under para-
graph (1)(A) may be made by submitting the
required information to the Administrator on a
standard form provided by the manufacturer of
certified refrigerant recycling equipment
(e) Small containers of class I or class II sub-
stances
Effective 2 years after November 15, 1990, it
shall be unlawful for any person to sell or distrib-
ute, or offer for sale or distribution, in interstate
commerce to any person (other than a person
performing service for consideration on motor
vehicle air-conditioning systems in compliance
with this section) any class I or class II sub-
stance that is suitable for use as a refrigerant in
a motor vehicle air-conditioning system and that
is in a container which contains less than 20
pounds of such refrigerant.
-SOURCE- (July 14, 1955, ch. 360, title VI, Sec.
609, as added Nov. 15, 1990, Pub, L 101-549,
title VI, Sec. 602(a), 104 Stat. 2662.)
Regulations Promulgated under Section 609 of the Act
(does not include Appendices)
[Code of Federal Regulations,
Title 40, Part 82}
[57 FR 31261, July 14, 1992,
as amended at 60 FR 21687,
May 2, 1995 and at 62 FR
68025, December 30, 1997]
TITLE 40-PROTECTION OF
ENVIRONMENT
CHAPTER
^ENVIRONMENTAL
PROTECTION AGENCY
PART 82-PROTECTlON OF
STRATOSPHERIC OZONE
Subpart B~Servicing of Motor
Vehicle Air Conditioners
Sec. 82.30 Purpose and
scope.
(a) The purpose of these reg-
ulations is to implement sec-
tion 609 of the Clean Air Act,
as amended (Act) regarding
the servicing of motor vehicle
air conditioners (MVACs), and
to implement section 608 of
the Act regarding certain ser-
vicing, maintenance, repair
and disposal of air
conditioners in MVACs and
MVAC-Iike appliances (as that
term is defined in 40 CFR
82.152).
(b) These regulations apply to
any person performing service
on a motor vehicle for consid-
eration when this service in-
volves the refrigerant in the
motor vehicle air conditioner.
Sec. 82.32 Definitions,
(a) Approved independent
standards testing organization
means any organization which
has applied for and received
approval from the
Administrator pursuant to Sec
82.38.
(b) Approved refrigerant recy-
cling equipment means equip-
ment certified by the Adminis-
trator or an organization ap-
proved under Sec. 82.38 as
meeting either one of the
standards in Sec. 82.36. Such
equipment extracts and recy-
cles refrigerant or extracts
refrigerant for recycling
on-srte or reclamation off-site
30
-------
(c) Motor.vehjcje as used in
this subpart means any vehi-
cle which is self-propelled and
designed for transporting per-
sons or property on a street or
highway, including but not
limited to passenger cars,
light duty vehicles, and heavy
duty vehicles. This definition
does not include a vehicle
where final assembly of the
vehicle has not been com-
pleted by the original equip-
ment manufacturer.
(d) Motor vehicle air condi-
tioners means mechanical
vapor compression refrigera-
tion equipment used to cool
the driver's or passenger's
compartment of any motor
vehicle. This definition is not
intended to encompass the
hermetically sealed
refrigeration systems used on
motor vehicles for refrigerated
cargo and the air conditioning
systems on passenger buses
using HCFC-22 refrigerant.
(e) Properly using
(1) Properly using means us-
ing equipment in conformity
with the regulations set forth
in this subpart, including but
not limited to the prohibitions
and required practices set
forth in section 82.34, and the
recommended service proce-
dures and practices for the
containment of refrigerant set
forth in appendices A, B, C, D,
E, and F of this subpart, as
applicable. In addition, this
term includes operating the
equipment in accordance with
the manufacturer's guide to
operation and maintenance
and using the equipment only
for the controlled substance
for which the machine is de-
signed. For equipment that
extracts and recycles refriger-
ant, properly using also
means to recycle refrigerant
before it is returned to a motor
vehicle air conditioner or
MVAC-like appliance, includ-
ing to the motor vehicle air
conditioner or MVAC-like ap-
pliance from which the refrig-
erant was extracted. For
equipment that only recovers
refrigerant, property using in-
cludes the requirement to re-
cycle the refrigerant on-site or
send the refrigerant off-site for
reclamation.
(2) Refrigerant from reclama-
tion facilities that is used for
the purpose of recharging mo-
tor vehicle air conditioners
must be at or above the stan-
dard of purity developed by
the Air-conditioning and Re-
frigeration Institute (ARl
700-93) (which is codified at
40 CFR part 82, subpart F,
appendix A, and is available
at 4301 North Fairfax Drive,
Suite 425, Arlington, Virginia
22203). Refrigerant may be
recycled off-site only if the
refrigerant is extracted using
recover only equipment, and
is subsequently recycled
off-site by equipment owned
by the person that owns both
the recover only equipment
and owns or operates the es-
tablishment at which the re-
frigerant was extracted. In any
event, approved equipment
must be used to extract refrig-
erant prior to performing any
service during which dis-
charge of refrigerant from the
motor vehicle air conditioner
can reasonably be expected.
Intentionally venting or dis-
posing of refrigerant to the
atmosphere is an improper
use of equipment.
(3) Notwithstanding any other
terms of this paragraph (e),
approved refrigerant recycling
equipment may be trans-
ported off-site and used to
perform service involving re-
frigerant at other locations
where such servicing occurs.
Any such servicing involving
refrigerant must meet all of
the requirements of this
subpart B that would apply if
the servicing occurred on-site.
(4) Facilities that charge
MVACs or MVAC-like appli-
ances with refrigerant but do
not perform any other service
involving refrigerant (i.e.. per-
form "top-offs" only) are con-
sidered to be engaged in "ser-
vice involving refrigerant" and
are therefore subject to any
and all requirements of this
subsection that apply to facili-
ties that perform a wider
range of refrigerant servicing.
For facilities that charge
MVACs, this includes the re-
quirement to purchase ap-
proved refrigerant recycling
equipment. For facilities that
only charge MVAC-iike appli-
ances, this does not include
the requirement to purchase
approved refrigerant recycling
equipment, but does include
the requirement to be properly
trained and certified by a tech-
nician certification program
approved by the Administrator
31
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pursuant to either section
82,40 or section 82.161 (a)(5)
(5) All persons opening (as
that term is defined in section
82.152) MVAC-like appliances
must have at least one piece
of approved recovery or recy-
cling equipment available at
their place of business.
(0 Refrigerant means any
class I or class II substance
used in a motor vehicle air
conditioner. Class I and class
II substances are listed in part
82, subpart A, appendix A,
Effective November 15, 1995,
refrigerant shall also include
any substitute substance.
(g) Service for consideration
means being paid to perform
service, whe-ther it is in cash,
credit, goods, or services.
This includes all service ex-
cept that done for free.
(n) Service involving refriger-
ant means any service during
which discharge or release of
refrigerant from the MVAC or
MVAC-like appliance to the
atmosphere can reasonably
be expected to occur. Service
involving refrigerant includes
any service in which an
MVAC or MVAC-like appli-
ance is charged with refriger-
ant but no other service in-
volving refrigerant is per-
formed (Le.. a "top-off).
ti) Motor vehicle disposal facil-
ily. means any commercial
facility that engages in the
disposal (which includes dis-
mantling, crushing or recy-
cling) of MVACs or MVAC-like
appliances, including but not
limited to automotive recycling
facilities, scrap yards, landfills
and salvage yards engaged in
such operations. Motor vehi-
cle repair and/or servicing
facilities, including collision
repair facilities, are not con-
sidered motor vehicle disposal
facilities.
Sec. 82.34 Prohibitions and
required practices.
(a) No person repairing or
servicing MVACs for consider-
ation, and no person repairing
or servicing MVAC-like appli-
ances, may perform any ser-
vice involving the refngerant
for such MVAC or MVAC-like
appliance:
(1) without properly using
equipment approved pursuant
to section 82.36,
(2) unless any such person
repairing or servicing an
MVAC has been properly
trained and certified by a tech-
nician certification program
approved by the Administrator
pursuant to section 82.40, and
(3) unless any such person
repairing or servicing an
MVAC-like appliance has
been property trained and cer-
tified by a technician certifica-
tion program approved by the
Administrator pursuant to ei-
ther section 82.40 or section
82.161 (a)(5). (b) Effective
November 15, 1992, no per-
son may sell or distribute, or
offer for sale or distribution,
any class I or class II
substance that is suitable for
use as a refrigerant in motor
vehicle air-con-ditioner and
that is in a container which
contains less than 20 pounds
of such refrigerant to any per-
son unless that person is
properly trained and certified
under Sec. 82.40 or intended
the containers for resale only,
and so certifies to the seller
under Sec. 82.42(b)(4). (c) No
technician training programs
may issue certificates unless
the program complies with all
of the standards in Sec.
82.40(a).
(b) Effective November 15,
1992, no person may seli or
distribute, or offer for sale or
distribution, any class I or
class II substance that is suit-
able for use as a refrigerant in
motor vehicle air-conditioner
and that is in a container
which contains less than 20
pounds of such refrigerant to
any person unless that person
is properly trained and certi-
fied under Sec. 82.40 or in-
tended the containers for re-
sale only, and so certifies to
the seller under Sec.
82.42(b)(4).
(c) No technician training pro-
grams may issue certificates
unless the program complies
with all of the standards in
Sec. 82.40(a).
(d) Motor vehicle disposal fa-
cilities.
(1) Any refrigerant that is ex-
tracted from an MVAC or an
MVAC-like appliance (as that
term is defined in §82.152)
bound for disposal and lo-
32
-------
cated at a motor vehicle dis-
posal facility may not be sub-
sequently used to charge or
recharge an MVAC or MVAC-
like appliance, unless, prior to
such charging or recharging,
the refrigerant is either
(i) recovered, and reclaimed
in accordance with the regula-
tions promulgated under sec-
tion 82.32(e)(2) of this subpart
B; or
(ii) (A) recovered using ap-
proved refrigerant recycling
equipment dedicated for use
with MVACs and MVAC-like
appliances, either by a techni-
cian certified under paragraph
82.34(a)(2) of this section, or
by an employee, owner, or
operator of, or contractor to,
the disposal facility; and
(B) subsequently recycled
by the facility that charges or
recharges the refrigerant into
an MVAC or MVAC-like appli-
ance, properly using approved
refrigerant recycling equip-
ment in accordance with any
applicable recommended ser-
vice procedures set forth in
the appendices to this subpart
B.
(2) Any refrigerant the sale of
which is restricted under
subpart F that is extracted
from an MVAC or an MVAC-
like appliance bound for dis-
posal and located at a motor
vehicle disposal facility but not
subsequently reclaimed in
accordance with the regula-
tions promulgated under
subpart F, may be sold prior
to its subsequent re-use only
to a technician certified under
paragraph 82.34(a)(2) of this
section. Any technician certi-
fied under paragraph 82.34
(a)(2) of this section who ob-
tains such a refrigerant may
subsequently re-use such re-
frigerant only in an MVAC or
MVAC-like appliance, and
only if it has been reclaimed
or properly recycled.
Sec. 82.36 Approved refrig-
erant
recycling equipment.
(a)(1) Refrigerant recycling
equipment must be certified
by the Administrator or an
independent standards testing
organization approved by the
Administrator under Sec.
82.38 to meet the following
standard:
(2) Equipment that recovers
and recycles CFC-12 refriger-
ant must meet the standards
set forth in appendix A of this
subpart (Recommended Ser-
vice Procedure for the Con-
tainment of CFC-12, Extrac-
tion and Recycle Equipment
for Mobile Automotive Air-
Conditioning Systems, and
Standard of Purity for Use in
Mobile Air Conditioning Sys-
tems).
(3) Equipment that recovers
but does not recycle CFC-12
refrigerant must meet the
standards set forth in appen-
dix B of this subpart (Recom-
mended Service Procedure
for the Containment of CFC-
12 and Extraction Equipment
for Mobile Automotive Air-
Conditioning Systems).
(4) Equipment that recovers
and recycles HFC-134a refrig-
erant must meet the stan-
dards set forth in appendix C
of this subpart
(Recommended Service Pro-
cedure for the Containment of
HFC-134a, Standards for Re-
cover/Recycle Equipment that
Extracts and Recycles HFC-
134a, and Standard of Purity
for Recycled HFC-134a for
Use in MVACs).
(5) Equipment that recovers
but does not recycle HFC-
134a refrigerant must meet
the standards set forth in ap-
pendix D of this subpart
(HFC-134a Recover-Only
Equipment and Recom-
mended Service Procedure
for the Containment of HFC-
134a).
(6) Equipment that recovers
and recycles both CFC-12
and HFC-134a using common
circuitry must meet the stan-
dards set forth in appendix E
of this subpart (Automotive
Refrigerant Recycling Equip-
ment Intended for Use with
both CFC-12 and HFC-134a,
Recommended Service Pro-
cedure for the Containment of
CFC-12, and Recommended
Service Procedure for the
Containment of HFC-134a).
(7) Equipment that recovers
but does not recycle refriger-
ants other than HFC-134a
and CFC-12 must meet the
standards set forth in appen-
dix F of this subpart (Recover-
Only Equipment that Extracts
a Single, Specific Refrigerant
33
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Other Than CFC-12 or HFC-134a)
(b)(1) Refrigerant recycling
equipment that has not been
certified under paragraph (a)
of this section shall be consid-
ered approved if it is substan-
tially identical to the applica-
ble equipment certified under
paragraph (a) of this section,
and:
(i) For equipment that re-
covers and recycles CFC-12
refrigerant, it was initially pur-
chased before September 4,
1991;
(ii) For equipment that re-
covers but does not recycle
CFC-12 refrigerant, it was
initially purchased before April
22, 1992;
(iii) For equipment that re-
covers and recycles HFC-
134a refrigerant, it was initially
purchased before March 6,
1996,
(iv) For equipment that
recovers but does not recycle
HFC-134a refrigerant, it was
initially purchased before
March 6, 1996;
(v) For equipment that re-
covers but does not recycle
any single, specific refrigerant
other than CFC-12 or HFC-
134a, it was initially pur-
chased before March 6, 1996;
and
(vi) For equipment that re-
covers and recycles HFC-
134a and CFC-12 refrigerant
using common circuitry, it was
initially purchased before
March 6, 1996,
(2) Equipment manufactur-
ers or owners may request a
determination by the Adminis-
trator by submitting an appli-
cation and supporting docu-
ments that indicate that the
equipment is substantially
identical to approved equip-
ment to; MVACs Recycling
Program Manager,
Stratospheric Protection Divi-
sion (6205J), U.S. Environ-
mental Protection Agency,
401 M Street, S.W.. Washing-
ton, D.C. 20460, Attn: Sub-
stantially Identical Equipment
Review. Supporting docu-
ments must include process
flow sheets, lists of compo-
nents and any other informa-
tion that would indicate that
the equipment is capable of
processing the refrigerant to
the standards in appendix A,
B, C, D, E or F of this subpart,
as applicable. Authorized
representatives of the Admin-
istrator may inspect equip-
ment for which approval is
being sought and request
samples of refrigerant that
has been extracted and/or
recycled using the equipment.
Equipment that fails to meet
appropriate standards will not
be considered approved,
(3) Refrigerant recycling
equipment that recovers or
recovers and recycles CFC-
12 refrigerant and has not
been certified under para-
graph (a) or approved under
paragraphs(b)(1) and (b)(2) of
this section shall be consid-
ered approved for use with an
MVAC-like appliance if it was
manufactured or imported
before November 15, 1993,
and is capable of reducing the
system pressure to 102 mm
of mercury vacuum under the
conditions set forth in appen-
dix A,
(c) The Administrator will
maintain a list of approved
equipment by manufacturer
and model. Persons inter-
ested in obtaining a copy of
the list should send written
inquiries to the address in
paragraph (b) of this section-
Sec. 82.38 Approved inde-
pendent standards testing
organizations.
(a) Any independent stan-
dards testing organization
may apply for approval by the
Administrator to certify equip-
ment as meeting the stan-
dards in appendix A, B, C, D.
E, or F of this subpart, as ap-
plicable. The application shall
be sent to: MVACs Recycling
Program Manager, Strato-
spheric Protection Division
(6205J), U.S. Environmental
Protection Agency, 401 M
Street, S.W., Washington,
D.C. 20460.
(b) Applications for approval
must document the following
(1) That the organization
has the capacity to accurately
test whether refrigerant recy-
cling equipment complies with
the applicable standards. In
particular, applications must
document:
(i) The equipment present at
the organization that will be
used for equipment testing;
34
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(ii) The expertise in equip-
ment testing and the technical
experience of the organiza-
tion's personnel;
(in) Thorough knowledge of
the standards as they appear
in the applicable appendices
of this subpart; and
(iv) The test procedures to
be used to test equipment for
compliance with applicable
standards, and why such test
procedures are appropriate
for that purpose.
(2) That the organization has
no conflict of interest and will
receive no financial benefit
based on the outcome of cer-
tification testing; and
(3) That the organization
agrees to allow the Adminis-
trator access to venfy the in-
formation contained in the
application.
(c) If approval is denied un-
der this section, the Adminis-
trator shall give written notice
to the organization setting
forth the basis for his or her
determination.
(d) If at any time an ap-
proved independent stan-
dards testing organization is
found to be conducting certifi-
cation tests for the purposes
of this subpart in a manner
not consistent with the repre-
sentations made in its applica-
tion for approval under this
section, the Administrator re-
serves the right to revoke ap-
proval,
Sec. 82.40 Technician train-
ing and certification.
(a) Any technician training
and certification program may
apply for approval, in accor-
dance with the provisions of
this paragraph, by submitting
to the Administrator at the
address in Sec. 82.38(a) veri-
fication that the program
meets all of the following stan-
dards:
(1) Training. Each program
must provide adequate train-
ing, through one or more of
the following means:
on-the-job training, training
through self-study of instruc-
tional material, or on-site
training involving instructors,
videos or a hands-on demon-
stration.
(2) Test subject material.
The certification tests must
adequately and sufficiently
cover the following:
(i) The standards estab-
lished for the service and re-
pair of MVACs and MVAC-like
appliances as set forth in ap-
pendices A, B, C, D, E, and F
to this subpart. These stan-
dards relate to the recom-
mended service procedures
for the containment of refrig-
erant, extraction equipment,
extraction and recycle equip-
ment, and the standard of
purity for refrigerant in motor
vehicle air conditioners,
(ii) Anticipated future tech-
nological developments, such
as the introduction of
HFC-134a in new motor vehi-
cle air conditioners.
(iii) The environmental
consequences of refrigerant
release and the adverse ef-
fects of stratospheric ozone
layer depletion.
(iv) As of August 13, 1992,
the requirements imposed by
the Administrator under sec-
tion 609 of the Act.
(3) Test administration.
Completed tests must be
graded by an entity or individ-
ual who receives no benefit
based on the outcome of test-
ing; a fee may be charged for
grading. Sufficient measures
must be taken at the test site
to ensure that tests are com-
pleted honestly by each tech-
nician. Each test must provide
a means of verifying the iden-
tification of the individual tak-
ing the test. Programs are
encouraged to make provi-
sions for non-English speak-
ing technicians by providing
tests in other languages or
allowing the use of a transla-
tor when taking the test. If a
translator is used, the certifi-
cate received must indicate
that translator assistance was
required.
(4) Proof of certification
Each certification program
must offer individual proof of
certification, such as a certifi-
cate, wallet-sized card, or dis-
play card, upon successful
completion of the test. Each
certification program must
provide a unique number for
each certified technician.
(b) In deciding whether to ap-
prove an application, the Ad-
ministrator will consider the
extent to which the applicant
has documented that its pro-
35
-------
gram meets the standards set
forth in this section. The Ad-
ministrator reserves the right
to consider other factors
deemed relevant to ensure
the effectiveness of certifica-
tion programs. The Adminis-
trator may approve a program
which meets all of the stan-
dards in paragraph (a) of this
section except test adminis-
tration if the program, when
viewed as a whole, is at least
as effective as a program that
does meet all the standards.
Such approval shall be limited
to training and certification
conducted before August 13,
1992. If approval is denied
under this section, the Admin-
istrator shall give written no-
tice to the program setting
forth the basis for his determi-
nation
(c) Technical revisions. Direc-
tors of approved certification
programs must conduct peri-
odic reviews of test subject
material and update the mate-
rial based upon the latest
technological developments in
motor vehicle air conditioner
service and repair. A written
summary of the review and
any changes made must be
submitted to the Administrator
every two years.
(d) Recertification. The Ad-
ministrator reserves the right
to specify the need for techni-
cian recertification at some
future date, if necessary.
(e) if at any time an approved
program is conducted in a
manner not consistent with
the representations made in
the application for approval of
the program under this sec-
tion, the Administrator re-
serves the nght to revoke ap-
proval,
(f) Authorized representatives
of the Administrator may re-
quire technicians to demon-
strate on the business entity's
premises their ability to per-
form proper procedures for
recovering and/or recycling
refrigerant. Failure to demon-
strate or failure to properly
use the equipment may result
in revocation of the techni-
cian's certificate by the Ad-
ministrator. Technicians
whose certification is revoked
must be recertified before ser-
vicing or repairing any motor
vehicle air conditioners
Sec. 82,42 Certification,
record-keeping and public
notification
requirements.
(a) Certification requirements.
(1) No later than January 1,
1993, any person repairing or
servicing motor vehicle air
conditioners for consideration
shall certify to the Administra-
tor that such person has ac-
quired, and is properly using,
approved equipment and that
each individual authorized to
use the equipment is properly
trained and certified. Certifica-
tion shall take the form of a
statement signed by the
owner of the equipment or
another responsible officer
and setting forth:
(i) The name of the pur-
chaser of the equipment;
(ii) The address of the es-
tablishment where the equip-
ment will be located; and
(iii) The manufacturer name
and equipment model num-
ber, the date of manufacture,
and the serial number of the
equipment. The certification
must also include a statement
that the equipment will be
properly used in servicing mo-
tor vehicle air conditioners.
that each individual autho-
nzed by the purchaser to per-
form service is properly
trained and certified in accor-
dance with Sec. 82.40, and
that the information given is
true and correct. The certifica-
tion should be sent to: MVACs
Recycling Program Manager,
Stratospheric Protection Divi-
sion, (6205J), U.S. Environ-
mental Protection Agency,
401 M Street, SW., Washing-
ton, DC 20460.
(2) The prohibitions in Sec
82.34(a) shall be effective as
of January 1, 1993 for per-
sons repairing or servicing
motor vehicle air conditioners
for consideration at an entity
which performed service on
fewer than 100 motor vehicle
air conditioners in calendar
year 1990, but only if such
person so certifies to the Ad-
ministrator no later than Au-
gust 13, 1992. Persons must
retain adequate records to
demonstrate that the number
of vehicles serviced was
fewer than 100.
36
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(3) Certificates of compli-
ance are not transferable. In
the event of a change of own-
ership of an entity which ser-
vices motor vehicle air condi-
tioners for consideration, the
new owner of the entity shall
certify within thirty days of the
change of ownership pursuant
to Sec, 82.42{a)(1),
(b) Recordkeeping require-
ments,
(1) Any person who owns
approved refrigerant recycling
equipment certified under
Sec, 82.36(a){2) must main-
tain records of the name and
address of any facility to
which refrigerant is sent.
(2) Any person who owns
approved refrigerant recycling
equipment must retain re-
cords demonstrating that all
persons authorized to operate
the equipment are currently
certified under Sec. 82.40.
(3) Any person who sells or
distributes any class I or class
II substance that is suitable
for use as a refrigerant in a
motor vehicle air conditioner
and that is in a container of
less than 20 pounds of such
refrigerant must verify that the
purchaser is properly trained
and certified under Sec.
82.40. The seller must have a
reasonable basis for believing
that the information presented
by the purchaser is accurate.
The only exception to these
requirements is if the pur-
chaser is purchasing the small
containers for resale only. In
this case, the seller must ob-
tain a written statement from
the purchaser that the con-
tainers are for resale only and
indicate the purchasers name
and business address. Re-
cords required under this
paragraph must be retained
for a period of three years.
(4) All records required to
be maintained pursuant to this
section must be kept for a
minimum of three years un-
less otherwise indicated. Enti-
ties which service motor vehi-
cle air conditioners for consid-
eration must keep these re-
cords on-site.
(5) All entities which service
motor vehicle air conditioners
for consideration must allow
an authorized representative
of the Administrator entry onto
their premises (upon presen-
tation of his or her credentials)
and give the authorized repre-
sentative access to all records
required to be maintained pur-
suant to this section,
(c) Public notification. Any
person who conducts any re-
tail sales of a class I or class
II substance that is suitable
for use as a refrigerant in a
motor vehicle air conditioner,
and that is in a container of
less than 20 pounds of refrig-
erant, must prominently dis-
play a sign where sales of
such containers occur which
states: "It is a violation of fed-
eral law to sell containers of
Class I and Class II refrigerant
of less than 20 pounds of
such refrigerant to anyone
who is not properly trained
and certified to operate ap-
proved refrigerant recycling
equipment."
37
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CHAPTER FIVE
LISTINGS AND
38
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List of Approved Section 609 Certifying Organizations
as of May 11. 1998
• Note to refrigerant retailers: Ryder Trucks, Refrigerant Certification Services, Snap-On.
Minnesota Dep't of Transportation, Marine Safety Consultants/Tidewater School of Naviga-
tion, Rancho Santiago College and Geneva Steel formerly offered certification programs.
Retailers should continue to accept cards from these organizations,
• Note to technicians: The organizations listed below have been approved by EPA to train
and test technicians under section 609 of the Clean Air Act. Section 609 covers technician
certification in the motor vehicle sector only. Becoming certified allows you to: (1) purchase
R-12 and ozone-depleting blend substitutes for R-12 (right now, all blends are ozone-
depleting); and (2) perform refrigerant servicing of vehicles with R-12, R-134a, or blend
refrigerants.
Currently, you do not have to be certified to purchase R-134a, which is non-ozone-depleting.
EPA believes that a requirement will be in place by the summer of 1999 that R-134a can
only be sold to certified technicians. If you become certified now, your certification will allow
you to purchase R-134a if a sales restriction is instituted in the future.
This list will be updated when other technician certification programs are approved. An
asterisk (*) indicates that the program offers home study. A double cross (%) indicates that
the program offers training and testing on the Internet.
C.F.C. Reclamation and Recycling Service
P.O. Box 560
Abilene, Texas 79604
(915)675-5311
"The Greater Cleveland Automobile Dealers'
Association
6100 Rockside Woods Boulevard,
Suite 235
Independence, Ohio 44131
(216) 328-1500 or (888) 740-2886
•International Mobile Air Conditioning
Association
P O, Box 9000
Fort Worth, TX 76147-2000
(817)338-1100
Mechanic's Education Association
10 Main Street
Netcong, New Jersey 07857-1111
(973) 761-7050
'Mobile Air Conditioning Society
P.O. Box 100
East Greenville, PA 18041
(215) 679-2220 or
http://www.macsw.org/cert.html
•National Institute for Automotive Service
Excellence
13505 Dulles Technology Drive
Herndon, Virginia 22071-3415
(703) 713-3800 or
talktoase@asecert.org
•Universal Technical Institute
3823 North 34th Avenue
Phoenix, AZ 85017
(800) 859-7249
New York State Association of Service Stations
and Repair Shops, Inc.
Automotive Technician Training Program
8 Elk Street
Albany, New York 12207
(518)452-4367
39
-------
*Waco Chemicals, Inc.,
12306 Montague Street
Pacoima, California 91331
(818) 897-3018 or (800) 266-9226
*ESCO Institute
1350 West Northwest Highway
Suite 205
Mount Prospect, IL 60056
(800) 726-9696
Texas Engineering Extension Service
San Antonio Training Division
The Texas A & M University System
9350 South Presa
San Antonio, Texas 78223-4799
(210)633-1000
New York State Department of Motor
Vehicles, Division of Vehicle Safety
Empire State Plaza
Swan Street Building, Room 111
Albany, New York 12228
(518)474-4049
*Air Conditioning Contractors of America/
Ferris State University
1712 New Hampshire Avenue, NW
Washington, D.C. 20009
(202) 483-9370
•^Mainstream Engineering Corporation
200 Yellow Place
Rockledge, FL 32955
(407)631-3550
rps@mainstream-engr.com
To obtain training and testing via the Internet,
log on to www.epatest.com
(The programs listed below are intended specif-
ically for the employees of these companies)
Jiffy Lube International
P.O. Box 2967
Houston, Texas 77252-2967
(713)546-4100
Los Angeles County Metropolitan
Transportation Authority (MTA)
900 Lyon Street
Los Angeles, California 90012
(213)922-5159
Whayne Supply Company
P.O. Box 35900
Louisville, KY 40323-5900
(502)774^441
U.S. Army Ordnance Center and School
Attn: TP-SB-TSED-C10 (SFC Wagner)
Aberdeen Proving Ground
Aberdeen, Maryland 21005-5201
(410)278-4099
Yellow Freight System, Inc.
10990 Roe Avenue
P.O. Box 7270
Overland Park, Kansas 66207
(913) 345-3000
Penske Auto Centers Inc.
551 North Hicks Road
Palatine, Illinois 60067
(847) 358-3205
Potomac Electric Power Company
8400-B Old Marlboro Pike
Upper Marlboro, Maryland 20772
(301)967-5294
40
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List of Section 609 Approved Equipment
as of January, 1998
The following lists contain the section 609 approved refrigerant recover/recycle and recover-
only equipment.
Table I contains CFC-12 recover/recycle equipment approved by Underwriters Laboratory
(UL) and ETL Testing Laboratories, Inc. VERY IMPORTANT NOTE! This list may include dual
refrigerant recover/recycle equipment that uses separate circuitry for the recycling of each
refrigerant.
Table II contains CFC-12 recover/recycle equipment determined to be substantially
identical to equipment approved by UL or ETL.
Table HI contains CFC-12 recover-only equipment approved by Underwriters Laboratory
(UL) and ETL Testing Laboratories, Inc.
Table IV contains CFC-12 recover-only equipment determined to be substantially
identical to equipment approved by UL or ETL. At this time, no CFC-12 recover-only equipment
that may qualify to be considered substantially identical has been submitted to the Agency for that
determination.
Table V contains dual refrigerant recover/recycle equipment that services both CFC-12
and HFC-134a using COMMON circuitry.
Table VI contains HFC-134a recover/recycle equipment approved by UL or ETL. VERY
IMPORTANT NOTE! This list may include dual refrigerant recover/recycle equipment that uses
separate circuitry for the recycling of each refrigerant.
Table VII contains HFC-134a recover-only equipment approved by UL or ETL.
All lists will be updated as equipment is approved. Models listed for the first time in this update
are in bold type.
41
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Table i. CFC-12 Recover/Recycle Equipment.
Manufacturer
A, Gramkow
AES NTRON
Airosol Company, Inc
American Thermaflo
Applied Ecological Systems
Assemblies Systems Corp.
Atlas Supply Company
Atlas/SPX- Robinair
Automotive Diagnostics, Division of SPX
Corporation
Bear/SPX - Robinair
Belco Controls Inc,
Carquest Corporation
Carrier
Caterpillar Inc/ SPX -Robinair
Century Mfg. Co.
Chrysler/SPX-Robinair
Model
RRC
Retriever 2.2AC and 2.2A
Chargette RC2000, RC2200
18000
2.2c
NS-2000
EAC-205, -250, -750, -1400, -1500
EAC-125, EAC-370, 679125, 679137
40-375
40-310, 17352C/17352, 17355C, 40-327,
40-370
08
209990
12RA001100
4C8754, 4C8755, 905786, 905787,
905788, 905789, 905790
MR-1991-A, -R, ME-1991-A, 160-002,
-003, -004, -005, -013, -014, -015, -016.
Solar 5090, -5100, -5110, 7100, 8100,
85100, 86100.
OT-17350, OT-17400, OT-17700
Remarks *
No longer manufactured
No longer manufactured
Dual refrigerant
No longer manufactured
Multiple Listing
Multiple Listing
No longer manufactured
Multiple Listing
No longer manufactured
42
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Manufacturer
Classic Tool Design, Inc.
Cornwell/SPX-Robinair
Diavia/SPX-Robinair
D.W. Myers Enterprises, Inc.
Dowmar Solvent Recovery Systems, Inc
Draf Industries
Enspeco, Inc.
Environmental Products Amalgamated
Ply. Ltd
Environmental Systems Products, Inc.
Environmental Technologies Corpora-
tion/Envirotech
Everco/SPX-Robinair
Everco Industries, Inc
Firestone/SPX-Robinair
Fluoro Tech, Inc.
Ford Motor Company
Ford-New HoIland/SPX-Robinair
Four Seasons
Four Seasons
Model
FBR-11
RA-17350C, RA-17400, RA-17500B, RA-
17700
17705
AM 6000, MR-1991-A, MR-1991-R, ME-
1991 -A
DR12R
1400
RMS-3112, RMS-3012
SKYE.EP3, SKYE.EP-4/5, EP-9S
FICS 9000
SYSTEM 1 102-12
A9990
A9950
TE 48-30-960-7
Fluoromizer 3000R (FM3000R), FM3000
with RMS module (Fluoromizer 3000),
FM4000-120
158-00001, -00002, 01400900, 02300100
FNH00140, FNH00141, FNH00335
59870
59900, 59901
Remarks *
No longer manufactured
No longer manufactured
No longer manufactured
No longer manufactured
Multiple Listing
No longer manufactured
0 Certified by ETL, Inc.
Multiple Listing
Multiple Listing
Multiple Listing
43
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Manufacturer
General Motors/SPX-Robinair
Honda/SPX-Robinair
IG-LO, Inc; Subsidiary of Valvoline, Inc
IG-LO, Inc.; Subsidiary of Valvoline, Inc.
lnfiniti/SPX4-Robinair
International Carbonics Inc. (now The
Youngstown Research and Development
Company YRD)
James Kamm Technologies, Inc.
John Deere/SPX-Robinair
Kent Moore/SPX-Robinair
Kolpak Mfg Co,
Lexus/SPX-Robinair
MAC Tools Inc
MAC Tools, Inc/SPX-Robinair
Matco Tools Corp.
Model
17250B
J-3810-CH
1400, 1500
1000
J-38100-INF
RRR-SS, BH-RRR, RRR-SSA
K-3333, K3333-TB, AC-3333
JTO 2020, JTO 2021, JTO 2052
J-38100-C, J-38100-B, J-38750, J-
38550-B, J-39770, 42-17400, 43-40015-
HDE, 43-40018-HDE, 42-175250-C, 43-
40017-HDE. 42-17350-C, 43-40014-
HDE, J-38100-D
ZRM2000
00002-01396-02
ACRRC-750, AC650, AC751, AC760
AC6000, AC7QOO, AC8000, AC750,
AC761.AC790
AC17350C, AC17400, AC17500B,
AC 17700, AM 6000
ACRM120, ACRM3412
Remarks *
No longer manufactured
No longer manufactured
No longer manufactured
Multiple Listing
0 Multiple listing by ETL, Inc
Multiple Listing
44
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Manufacturer
MATCO TooIs/SPX-Robinair
Maslercool, USA. Inc
Mazda/SPX-Robinair
MDI
Mitsubishi/SPX-Robinair
Moog Automotive, Inc
Murray Corporation
Myers Enterprises
NAPA
NAPA Temp, Products
Nissan/SPX-Robinair
OTC/SPX-Robinair
Ozone Environmental Industries Inc
P&F Technologies
Power Manufacturing
Promax Industries, Inc
R & 0 Fountain Industries
Refrigerant Recovery Systems, Inc
Refrigerant Recovery Technologies, Inc
Model
AC 17350, AC 17400, AC17500B,
AC 17700
Supervamp 62000, 65000, 65500
17401MAZ
% HPCA
17400MIT, 17401MIT
209990
ATC-1000, -1100, -5000
MR-1991-A, MR-1991-R, ME-1991-A
209990
ATC1100.-5000
J-38100-NI, 17400NIS, 42-17250-NI,
17401NIS, 17403NIS
OEM-1380, -1396, -1412, -1420, -48158,
-48463
R-6A, OS-1000, OS-4000, OS-2000
PF-8, Viper
R-12a
Roger- 1 (front and back), Roger 1B
AM6000
ST100A
Fluoromizer 3000R (FM3000R), FM3000
with RM3 module (Fluoromizer 3000),
FM4000-120
Remarks *
Multiple Listing
No longer manufactured
Multiple Listing
Multiple Listing
No longer manufactured
Consists of front and back systems
No longer manufactured
0 Certified by ETL, Inc.
45
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Manufacturer
Model
Remarks
RTI Technologies, Inc. (formerly Refrig-
erant Technologies, Inc.)
RRC-10QO, RRC-750, RRC-750X, RRC-
751. TC-7000, TX-6000, AC-800O, TX-
2000, RRC7700, TC2700O, AC7900,
TC6700, RRC760, RRC761
o Certified by ETL, Inc.
Refrigeration Transfer Systems/Justice
Supply and Glass
RFT-2212, RFT-2234
Rolo Inc.
91R12
Rotunda/Ford (Sun & SPX)
158-00001, 158-00002, 014-00900, 023-
00100, 078-00802, 078-00800, 078-
00801
R.S.I.
Port-O-Zone, Automotive
Saturn/SPX-Robinair
42-A7250, 17400ASAT
Snap-On Tools Company
ACT2500, ACT3000, ACT3300,
ACTR3000, ACTH3400
Multiple Listing
Source World Wide Inc.
R-12a
Sun Electric Corporation
MRC-150, -300, -312, -334, -400, -500,
MTC-4000, NAPA-1100, -5000, -A9950,
ATC-1000, -1100, -5000, -078-00800,
-00801, -00802, -00805. ACT-3120,
-3340, -4100, Kool Kare EEAC1Q1A-
301A.
Technical Chemical Company
SERCON -8000 (-M,-A,-MA,-MAH,-MV,-
MAV,-H},-9000(-M,-A1-MA,-MV1-MAH,-
MAV,-H),-9220,-9220M, -5000H with -
SR4000 or 4000A filter unit, -5000A, -
5000AB, -5000MB or -5000MBJ with
SR4000, 4000A or -4000H filter unit.
Toyota/SPX-Robinair
TOY-01380, TOY-01396, 00002-01396-
01,42-17400, 17400TOYJ, 17401TOYJ,
17404TOYJ
-------
Manufacturer
Trane Division of American Standard,
Inc
Van Steenburgh Engineering Lab, Inc
Watsco Components, Inc,
White Industries; Division of K-Whit
Tools
Wynn's Climate Systems
The Youngstown Research and Devel-
opment Company YRD (formerly Inter-
national Carbonics)
Model
RRPC
JV90-4,-3,-2,-1, LV3Q-4,-3,-2,-1
CV15-4,-3,-2,-1
WC-2
01050, 01060, 01061, 01080, 01095,
1095XL, 01075.1075XL, 01234a,
01234av, 1234XL
90-0001A, -0458A, -1100A, -1300A,
-1500A
RRR-SS, BH-RRR
Remarks *
Multiple Listing
Multiple Listing
* A UL Multiple Listing (referred to as private labeling by the industry) is the formal publication of the name of company that appears on
equipment that is basically UL Listed for another company. It would be similar to a private brand except that the basic company name
need not appear anywhere on the product. This equipment has been evaluated to determine the minimum purity specifications for
recycled CFC-12 for use in mobile automotive air conditioning systems. Such equipment is provided with the following auxiliary marking
"Design Certified by Underwriters Laboratories for Compliance with * (date) to indicate that the equipment has been
investigated for compliance with the applicable SAE requirements
47
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Table II. Substantially Identical CFC-12 Recover/Recycle Equipment
REJUVENATOR ST-100 and ST-1000
Refrigerant Recovery Systems, Inc.
P O. Box 360298
Tampa, Florida 33673
(800)327-9142
White Industries Model 01050
K-Whit Tools, Inc.
100 Visionary Way
Fishers, IN 46038
(800)849-6830
R-12 Recover-Recycle Machine
Justice Glass and Supply Company
2445 Third Avenue
Huntington, West Virginia 25703
(800)624-3420
NAPA TEMP ATC-1000
Murray/Division of Moog Automotive, Inc
P.O. Box 7224
St. Louis, MO 63177
(314) 385-3400
CFC-SAV-R (with Robinair retrofit kit 17217)
LSK, Inc
Mcpherson, KS 67460
Everco A9989 (with Robinair retrofit kits
17217 and 17216)
Everco Industries
P,O Box 7224
St. Louis, MO 63177
(314) 385-3400
Robinair 17200 (with retrofit kits 17216 and
17217), 17500, RTB17200, RTB17500
Robinair Division, SPX Corporation
Robinair Way
Montpelier, OH 43543-0193
MODEL K-3330
James Kamm Technologies, Inc
P.O. Box 8961
4730 W. Bancroft A-3
Toledo, Ohio 43615
(419)531-3313
Space Age Air Products, Inc.
Model 010 (with retrofit kit Robinair 17217)
AES-Ntron Models 2.2 and 2,4
456 Creamery Way
Exton, PA 19341
(215)594-9309
-------
Table III. CFC-12 Recover-Only Equipment.
Manufacturer
AES NTRON
Assemblies Systems Corp
CFC Equipment, Inc.
Clardy Manufacturing Co.
C Mar Industries Inc.
DAVECO Recovery Division of DAVECO
Industries Inc.
Econozone, Inc. (RSB Engineering) (now
Refrigerant Management Systems)
Environmental Products Amalgamated
PTY Ltd,
Environmental Technologies Corp,
Fluoro Tech, Inc.
MDI
National Refrigeration Products, Inc.
Power Manufacturing, Inc.
Prornax Amprobe Industries
Refrigerant Management Systems Inc
(Formerly Econozone, Inc.)
Refrigerant Recovery Systems, Inc.
Refrigerant Recovery Technologies, Inc.
RTI Technologies, Inc (formerly Refrig-
erant Technologies, Inc.)
Model
R1.1AC
NS750A
EM2020A
CP4MA
CM20-12A
41250,41250-2
Econozone 29A
EP10A
The-Pro-A
FM3000
5150D
ULV63
012B-FRSPORT-01 (Power R1)
RG5000A
Econozone 29A
RC-1-A
FM3000, FM 4000-1 2
TX200
Remarks *
no longer manufactured
o Certified by ETL, Inc.
No longer manufactured
No longer manufactured
0 Certified by ETL, Inc.
o Certified by ETL, Inc.
0 Certified by ETL, Inc.
49
-------
Manufacturer
R.S.I.
SPX Corporation, Robinalr Division
Technical Chemical
Watsco Components Inc.
White Industries Div. of K-Whit Tools Inc.
Model
Mini-Suckerl Automotive Recovery Sys-
tem, RSI Part Number 600075
17625A
SR5000MBJ, SR1000MBJ
WC1S-A
01055
Remarks *
* A UL Multiple Listing (referred to as private labeling by the industry) is the formal publication of the name of company that appears on
equipment that is basically UL Listed for another company. It would be similar to a private brand except that the basic company name
need not appear anywhere on the product. This equipment has been evaluated to determine the minimum purity specifications for
recycled CFC-12 for use in mobile automotive air conditioning systems. Such equipment is provided with the following auxiliary marking
"Design Certified by Underwriters Laboratories for Compliance with * =(date) to indicate that the equipment has been
investigated for compliance with the applicable SAE requirements
-------
Table IV. Substantially Identical Recover-only Equipment.
(None
approved as of this date)
51
-------
Table V, Dual Refrigerant Recover/Recycle Equipment that Uses Common Circuitry
Manufacturer
Mac Tools, Inc.
Refrigeration
Robinair Division of SPX Corp,
RTI Technologies, Inc.
Model
AC800
1100
12134A, 12135A, 17800A
AC790, AC800, TC2700
'Remarks
Certified by ETL
Certified by ETL
Meets SAE J 1770
Certified by ETL
* A UL Multiple Listing (referred to as private labeling by the industry) is the formal publication of the name of company that appears on
equipment that is basically UL Listed for another company. It would be similar to a private brand except that the basic company name
need not appear anywhere on the product. This equipment has been evaluated to determine the minimum purity specifications for
recycled CFC-12 for use in mobile automotive air conditioning systems. Such equipment is provided with the following auxiliary marking
"Design Certified by Underwriters Laboratories for Compliance with * (date) to indicate that the equipment has been
investigated for compliance with the applicable SAE requirements
-------
a—tf VI. HFC-134a Recover/Recycle Equipment Approved by VJL or ETL.
Manufacturer
Automotive Diagnostics Division of SPX
Corp.
Century Mfg, Co.
Enspeco Inc.
Environmental Technologies Corp.
Four Seasons
IG-LO, Inc., subsidiary of Valvotine
James Kamm Technologies
Mac Tools. Inc.
Mastercool USA Inc.
Matco Tools Corp.
Ozone Environmental Industries
P&F Technologies Ltd.
Power Manufacturing
Refrigerant Recovery Systems, Inc,
Refrigerant Recovery Technologies, Inc.
Robinair Div. of SPX
Model
40-380,02300150
5150/134a, 160-001, -008, -009, -010, -011. -
012, 600-134a, 7134, 8134, 85134, 86134
RMS-3134, RMS-3034
System 1 102-34
59902
2500
K-3334
OAC610, OAC710, AC750, AC760, AC761,
AC790
Supervamp 64000, 67000, 67500
ACRM134, ACRM3412
OS-4134
PF134, Viper, Compact-134
R-134a
ST134a
FM 4000-134
12134A, 12135A, 13670, 13671, 17534, -GM,
-INF, -KM, -MEX, -Nl, 17734, 17735, 17454,
17455, 17800A, AC34145, 34400, 34600,
34666, 34700, -701, -702, -703, 34725,
34790
Remarks *
No longer manufactured
oCertified by ETL, Inc
No longer manufactured
Certified by ETL, Inc.
53
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RTI Technologies, Inc.
RTS
SKYE USA (Environmental Products Amal-
gamated Pty. Ltd.)
Source World Wide Inc.
Sun Electric Corp.
Technical Chemical Co.
White Industries division of K-Whit Tools,
Inc.
Wynn's Climate Systems Inc.
#TX600-Rl34a, OTC700-R134a, ORRC770-
R134a, 0TC2700, $AC790-R134a,0 TC670-
134a, RRC-760, RRC-761, RRC-750
RFT2234
EP-3N, EP-9N
R-134a
MRC-334, -450, MTC-4500, ACT-3340, -
4500, 078-00850, Kool Kare EEAC104A, -
304A
SR8134M, SR8134MV, SR9134M,
SR9134MV, SR5134M with SR 4134
1070XL, 01085, 01090, 1090XL, 01234a,
01234av, 1234XL
90-1 200A, -1400A, -1500A
QCertified by ETL, Inc.
* A UL Multiple Listing (referred to as private labeling by the industry) is the formal publication of the name of company that appears on
equipment that is basically UL Listed for another company. It would be similar to a private brand except that the basic company name
need not appear anywhere on the product. This equipment has been evaluated to determine the minimum purity specifications for
recycled CFC-12 for use in mobile automotive air conditioning systems. Such equipment is provided with the following auxiliary marking
"Design Certified by Underwriters Laboratories for Compliance with * (date) to indicate that the equipment has been
investigated for compliance with the applicable SAE requirements.
-------
Table VII. HFC-134a Recover-Only Equipment Approved by UL or ETL
Manufacturer
Skye USA (Environmental Products Amal-
gamated PTY Ltd.)
Promax Amprobe Industries
Model
EP10N
RG5000AR-134a
Remarks *
* A UL Multiple Listing (referred to as private labeling by the industry) is the formal publication of the name of company that appears on
equipment that is basically UL Listed for another company It would be similar to a private brand except that the basic company name
need not appear anywhere on the product. This equipment has been evaluated to determine the minimum purity specifications for
recycled CFC-12 for use in mobile automotive air conditioning systems. Such equipment is provided with the following auxiliary marking
"Design Certified by Underwriters Laboratories for Compliance with * (date) to indicate that the equipment has been
investigated for compliance with the applicable SAE requirements.
55
-------
EPA Documents on MVACs Available on the Hotline and the Web Site
For the Consumer..
" Recharging Your Car's A/C System with Refrigerant
# Underhood Tips to Help You Keep Your Cool (English and
Spanish versions)
* Guidance on Retrofitting Your Car's A/C System from Using
CFC-12 to R-134a Refrigerant
* Qs and As about Motor Vehicle Air Conditioning: What Con-
sumers and Service Technicians Want to Know
Cool Tips for Consumers
Backgrounder on Auto Air Conditioning and the CFC Produc-
tion Ban
* Retrofits to R-l34a Available from Car and Truck Manu-
facturers (list of available OEM retrofit kits/ rocedures)
* Questions to Ask Before You Purchase an Alternate Refriger-
ant
* Legal Status of HC-12a® and OZ-12®
# * It's Your Choice Retrofitting Your Car's A/C System
# How to Keep Your Coo! and Protect the Ozone Layer
(tips sheet)
... And For the Technician
* Resources for Retrofit Training
* Fitting Sizes and Label Colors for Motor Vehicle Reftgerants
* Choosing and Using Alternate Refrigerants for Motor Vehicle
Air Conditioning
* Guidance on Retrofitting Your Customer's Cars A/C System
from Using CFC-12 to R-134a Refrigerant
* Legal Status of HC-12a® and OZ-12®
* Qs and As about Motor Vehicle Air Conditioning' What Con-
sumers and Service Techs Want to Know
* Plasn-Engiish Summary of December. 1997 Regulation Gov-
erning R-134a and Other Substitutes for R-12
* Retrofits to R-134a Available from Car and Truck Manufactur-
ers
* Servicing Farm and Off-Road Equipment
* List of Approved Equipment
* Questions to Ask Before You Purchase an Alternate Refriger-
ant
* Recovering Refrigerant at Motor Vehicle Disposal Facilities
* One Shop's Experience with Retrofitting Vehicles
* Just the Facts for MVACs: Summary of all EPA Regulatory
Requirements for Servicing Motor Vehicle A/Cs
* # It's Your Choice: Retrofitting Your Car's A/C System
* ABCs of Handling Contaminated Refrigerant
* List of Approved Refrigerant Reclaimers
* List of Approved Refrigerant Recovery/Recycling Equipment
* Recharging Your Car's A/C System with Refrigerant
* Approved Technician Certification Programs
Compressor Replacement in Automaker Retrofit Procedures
(list of makes and models for which OEMs recommend com-
pressor replacement during retrofit)
All documents are available by calling EPA's Motor Vehicle A/C Hotline at (800) 296-1996 between 10 a.m. and 4 p.m., Mon - Fri.
* Available on EPA's Motor Vehicle A/C Website, www.epa.gov/ozone/title6/609/
# Color brochure
o Best for DIYers and other knowledgeable consumers; also good for technicians
56
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Federal Register / Vol. 57. No. 135 / Tuesday. July 14.19§2 / Hules and Regulations
31269
MVAC RECOVER/RECYCLE OR RECOVER EQUIPMENT
CERTIFICATION FORM
Name of Estaaitsnmertt
Stre*»
City, State. Zip Code
(Are* Coo*) T*apnone Numfier
Name of Equipment Manufacture? tnti ModM Number
Small Entity Certification.
I certify that fewer than 190 Jobs involving refri-
gerant ware performed at the establishment
named In Part 1 of thla form during 1890.I will
purchase approved equlpmenl and certrfy this to
EPA by January 1.1»t3.
Signal!**
Data
Name (PIMM Print)
Tltto
S«nol
Year
3 I certify that I have acquired approved recover/recycle or
recover equipment under Section 609 of the Clean Air
Act. I certify that only property trained and certified tech-
nlclans operate the equipment and that the information
given above Is true and correct.
Signature of OwnenOptrator
Name (Pieate Print)
Send this form to:
MVACs Recycling Program Manager
Stratospheric Ozone
Protection Branch
(6202-J)
U.S. EPA
401 M Street, S.W.
Washington, D.C. 20460
MVAC RECOVER/RECYCLE OR RECOVER EQUIPMENT
CERTIFICATION FORM INSTRUCTIONS
Motor vehicle recover/recycle or recover equipment must be acquired by January 1,1992 and certified to EPA
on or before January 1,1993 under Section 609 of the Clean Air Act. To certify your equipment, please com-
plete the above form according to the following instructions and mail to EPA at trie following address: MVACa
Recycling Program Manager, Stratospheric Ozone Protection Branch, (6202-J), U.S. EPA, 401 M Street,
S.W.. Washington , D.C. 20460.
•j Please provide me name, address and telephone number of the establishment where the recover/recycle or
recover equipment Is located.
2 Please provide the name brand, model number, year, and serial numberfs} ot the recover/recycle or recover
*• equipment acquired tor use at the above establishment.
«j The certification statement must be signed by the person who has acquired the recover/recycle or recover
** equipment (the person may be me owner o( me establishment or another responsible officer}. The person who
signs is certifying mat mey have acquired me equipment, mat each Individual authorized muse me equipment
ts properly trained and certified, and that me Information provided Is true and correct
A Small Entity. Certtf!eati.or|. Service establishments that serviced fewer than 100 fobs Involving refrigerant dur-
^ ing 1990 are not required to purchase equipment until January 1,1993. Toquallfyfor mt$ one year extension, me
owner must fill out fart 1, sign Om statement in Pan 4 above, and send mis form to EPA. Upon Inspection, ttm
owner must be able to prove H serviced fewer man 100 lobs In 1990. Smalt entitles must buy approved equip-
ment and certify (o EPA by January 1, 1993.
SJIOJ3-J
Appendix B to Subpart 1—Standard for
Recover Equipment [Reserved]
[FR Doc §2-15881 FUad 7-l$-i£ 8:45 am)
•MIMO COOt aMa-IO-M
51
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&EPA
United States
Environmental Protection
Agency
LEGAL STATUS
Air and Radiation December 1996 1
Stratospheric Protection Division EPA 343Q-F-96-Q8 1
62Q5J I
OF HC-12A® AND OZ-12*
j
Ozone Protection Hotline toll-free (800) 296-1996 • Ozone Protection Hotline direct dial (301) 614-3396
EPA SNAP World Wide Web Site: http://www.epa.gov/ozone/title6/snap/
What are HC-12a® and 02-12®?
HC-12a®and OZ-12® brand hydrocarbon refrigerant
blends are flammable refrigerants. Their primary components
are hydrocarbons, which are flammable substances like pro-
pane and butane, HC-12a®and OZ-12® are registered trade-
marks of OZ Technology, Inc. HC-12a® has been marketed
since 19S4. OZ-12® was a similar blend marketed until the
introduction of HC-12a®. Both products have been reviewed
by EPA under the Significant New Alternatives Policy (SNAP)
program. More information about the SNAP program is avail-
able from the hotline and world wide web site listed at the top
of this page.
What is the legal status ofHC-12a® and OZ-12®?
Since July 13. 1995. it has been illegal to replace
CFC-12 with HC-12a® in any end-use other than industrial
process refrigeration This includes motor vehicle air condi-
tioners The same prohibition for OZ-12® took effect on April
18.1994. EPA is concerned about potential risks posed by
the flammabtlity of these refrigerants
May HC-t2a® fie used to replace CFC-12, commonly
referred to as "Freon®," in care7
No. It is illegal to use HC-12a® as a substitute for
CFC-12 in automobile or truck air conditioning under any
circumstances. The manufacturer, OZ Technology, has not
adequately responded to EPA's concerns about the safety of
using a flammable refrigerant in a system not designed for it,
Why is it legal to use HC-12a® as a CFC-12 substi-
tute in industrial process refrigeration, but not elsewhere?
The industrial process refrigeration end-use does not
include any air conditioning system, so lha direct risk to hu-
man health is reduced. Access to areas near these systems is
restricted. In addition, other regulations protect the safety of
industrial workers Finally, several large petrochemical com-
panies have long experience using hydrocarbon refrigerants,
and EPA believes they may continue to do safely.
Flammability risk depends a great deal on the type of
system. Therefore, despite the acceptability of hydrocarbon
refrigerants (like HC-12a®) in this end-use, it remains illegal to
replace CFC-12 with hydrocarbon refrigerants in other types of
refrigeration and air conditioning systems.
Is sale of either OZ-12® or HC-12a® legal?
Sale is not regulated under EPA's SNAP program.
However, statutes and regulations issued by other federal.
state, or local agencies may control the sale of these products,
including illegal advertising
May HC-12a® be vented?
No, Since November 15. 1995, the Clean Air Act has
prohibited the venting of any refrigerant during the service.
maintenance, repair, or disposal of air conditioning and
refngeration systems. When working on a system containing
HC-12a®. the technician must recover the refrigerant into a
suitable container and safely dispose of it
Whaf ofner regulations restrict the use and handling
ofHC-12a®?
In addition to the prohibition on use described above,
and the federal law banning the venting of HC-12a®. there are
also state and local statutes and regulations that relate to
certain uses of hydrocarbons As of the printing date of this
fact sheet, EPA is aware that the following states prohibit the
use ofTflammabie refrigerants like HC-12a® m automobile air
conditioners: Arkansas, Arizona, Connecticut, Florida, Idahr
Indiana, Kansas, Louisiana. Maryland, North Dakota. Okla-
homa, Texas, Utah, Virginia. Washington, Wisconsin and the
District of Columbia,
Local fire codes also often restnct the storage of
flammable materials. In addition, other federal, stale, and
local regulatory agencies may have regulations related to
flammable refrigerants like HC-12a®. Check with these au-
thorities for more information,
Are there other refhgerants that can replace CFC-12?
Yes. A full list of alternative refrigerants is available
either from EPA's Ozone Depletion world wide web site at
http://www.epa.gov/ozonertitle6/snap/ or from EPA's Ozone
Hotline at 800-296-1996. in addition, the fact sheet titled
"Choosing and Using Alternative Refrigerants for Motor Vehi-
cle Air Conditioning* lists motor vehicle refrigerants and condi-
tions on their use.
58
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MVAC Presentation
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Ofi
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How to Reach EPA's
Motor Vehicle A/C Team
• Toll-free hotline: (800) 296-1996
(M-F, 10 a.111.-4 p.m.)
LJ
til
Phone #: (202) 564-9147
Fax #: (202) 565-2096
e-mail #: dibble.christine@epa.gov
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US EPA Ozone Depletion
World Wide Web Site
Home Page
www.epa.gov/ozone/
•
- Auto A/C Regulations & Fact Sheets:
... /title6/609/
SNAP Regulations & Fact Sheets:
... /title6/snap/
Ozone Depletion Science:
... /science/
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CFC-12 Prices and Supply
^ When will it run out?
u last spring, 30-70 million pounds
nationwide
• annual demand in all sectors = 55-60
million pounds
u so... run out this year?
** depends on weather
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What this Presentation
Will Cover
LJ
CFC prices and supplies
New Regulations that Affect R-134a
Refrigerant
Handling Contaminated Refrigerants
a Alternative/Blend Refrigerants
Reviewed under EPA's SNAP Program
- Hydrocarbons
» Enforcement Activities
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CFC-12 Prices and
Supply (conI'd)
How much will it cost next year?
Installer Price Per Cylinder
Federal Tax Per Cylinder
100
'90 '91 '92 '93 '94 '95 '96 '97 '98
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Section 609
Regulations:
f .eak Repair
THERE IS NO EPA REQUIREMENT TO
REPAIR A LEAKING A/C SYSTEM
TOPPING OFF A LEAKING SYSTEM IS OK
some states and localities do require
leak detection and repair
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Section 609
Regulations: 12/30/97
Final Rule
lil
u
anyone can still buy 134a
you must be certified
you need to recycle 134a using EPA approved
equipment
SAE standards
• look for UL or ETL certification
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Section 609 Regulations:
Dual Refrigerant Equipment
Two kinds of equipment that can
recycle R-12 and R-134a:
- dual circuitry
common / single circuitry: under new
rule, must meet SAE J1770
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Section 609 Regulations:
Converting R-12 Equipment
TODAY: legal, but not necessarily
advisable, to convert R-12 equipment
toR-134a
FUTURE: may be some restrictions on
who can do the conversion procedure,
rules about conversion
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Contaminated Refrigerants
LJ
top priority for EPA: let techs know
how to protect themselves
identifying contaminated refrigerants
recovering contaminated refrigerants
« disposing of contaminated refrigerants
-------
Identifying Contaminants
What is considered contaminated?
Check label, head pressures
Can purchase identifier equipment
"Go/no-go" versus bells and whistles
equipment
today, even best equipment is not perfect
meeting SAE J1771 standard assures accuracy
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Recovering Contaminated
Refrigerant
under Clean Air Act, can't vent them
dedicate inexpensive unit to "junk"
recover into gray-with-yellow-top tank
do not fill beyond 60% of gross
weighted capacity
cannot recycle, therefore must dispose
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Disposing of Contaminated
Refrigerant
< if it is just a bit contaminated, may have
value; reclaimer may pay you for it (or at
least not charge you)
! if it is really "junk":
— may contain flammables, so store
accordingly
— waste hauler make take it
— reclaimer may take it
— can charge customers a disposal fee
-------
SNAP Program
Over SO refrigerants and not-in-kind
alternatives, in many sectors
90% acceptable
Submissions slowing
Waiting for the shakeout
-------
Handling Auto A/C
Alternatives
1 must be certified to buy tbem
i
" must be certified to handle them in A/C
servicing
must recover and reclaim or destroy
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Auto A/C Alternatives:
Use Conditions
- Unique Fittings
1 -J Labels
° Topping Off is Prohibited
1 Must recover CFC-12 prior to charging
with alternative
- Topping off a CFC-12 system with CFC-12
is still allowed
• Barrier hoses if blend contains R-22
** Compressor Shutoff Switch
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Hydrocarboiis-
What's EPAfs Position?
HCs offer potential benefits
- energy efficiency
- lower global warming potential
- inexpensive
New designs can account for safety
Readily available in developing nations
Retrofit still not proved safe
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Ongoing SNAP Issues
Clarification that SNAP covers MVACs and
MVAC-like
i
Misleading advertising
— has mostly died down
- still occasional problems
Blend fractionation during use
• Blend composition drift during manufacture
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MVAC Enforcement
u
Illegal use of HC-12a
- 3 California men indicted — up to 5 years in jail
and $250KITnc
Iowa shop proposed fine of SIS,000
-• Failure to certify techs or use proper equipment
- U.S. Mint in Philadelphia - proposed $ 1 50,000
penalty
- Pete's Refrigeration — voluntary disclosure
m National inspection tour this summer
New fact sheet
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What this Presentation
Will Cover
y
y
CFC prices and supplies
New Regulations that Affect R-134a
Refrigerant
Alternative/Blend Refrigerants
Reviewed under EPA's SNAP Program
-------
Alternative Refrigerants
EPA-Accepted:
• R-22 based:
>• R-406A/GHG/McCool
>- GHG-X4/Autofrost/
*- Chill-It
>• Hot Shot/Kar Kool
>• GHG-HP
>• GHG-X5
R-134-based:
- R-134a
- FRIGC FR-12
»• Free Zone/RB-276
- FREEZE 12
EPA-Unacceptable:
i HC-12a
LJ OZ-12
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Intro (2)
how EPA can help
— first, what we cannot do: provide detailed technical assistance. For example, we
can't tell you how to retrofit an '83 Celica.
- what we can do:
*- of course, provide you with info on EPA regulations
- but also, give you copies of counter! op materials you can make available to
your customers, to encourage them to consider retrofitting
" can also provide you with materials on blend refrigerants now on the market
* and can provide you with general information on retrofit
in fact, we have a fact sheet entitled EPA Documents on Motor Vehicle Air
Conditioning. I encourage you to look at it to see exactly what info is available
through our telephone hotline and our web site.
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United States
Environmental Protection
Agency
Office of Atr and Radiation
Stratospheric Protection
Division (6205-J)
v>EPA
Title VI - Section 608/609
Inspector Manual
Volume II - Field Sectors Guide
608 Sector Specific Checklists
609 MVAC Checklist
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United States Office of Air and Radiation
Environmental Protection Stratospheric Protection Division
Agency 6205J
Title VI - Section 608/609
Inspector Manual - Volume II
Table of Contents
Volume II: Table of Contents
Tabs & Content:
Transport Refrigeration
Transport Refrigeration
Inspection Checklist - Transport Refrigeration
Overlap between Section 608 and Section 609
608 vs. 609 Flowchart
Technician Certification Programs
608 Technician Certification Program
Inspection Checklist - Technician Certification Programs, Clean Air Act Section 608
Section 608 Technician Certification Programs
Demolition Contractors
Demolition
Safe Disposal
Safe Disposal
Inspection Checklist - 608 Disposal Inspection
Environmental Protection Agency Memorandum
608 Facility Inspection
General 608 Facility Inspection Checklist - Industrial Process Refrigeration, Comfort Cooling,
Commercial and Other Refrigeration
Commercial Refrigeration
Commercial Refrigeration
Inspection Checklist - Commercial Refrigeration
Industrial Process Refrigeration
Industrial Process Refrigeration Equipment
Inspection Checklist - Industrial Process Refrigeration
Refrigerant Leak Repair Flow Chart
Motor Vehicle A/C Checklist
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United States Office of Air and Radiation
Environmental Protection Stratospheric Protection Division
Agency 6205J
Transport Refrigeration
Definition of Sector: This sector includes refrigeration ship holds, truck trailers, railway freight cars and
other shipping containers. Trailers, railway cars and shipping containers are charged with CFC-12 while
other systems rely on HCFC-22 and ammonia. The average refrigerant charge in this sector is approximately
18 pounds,
General requirements: The general requirements to follow service practices that maximize recovery and
recycling during the service and disposal of appliances apply to the transport refrigeration sector. Since these
appliances may often include both a cooling system for freight and a comfort-cooling system for a driver
(e.g., refrigerated trucks), the two compartments would be regulated separately under the §608 and §609
requirements. Requirements for this sector include: standards for technician certification (§609 & §608),
approved recovery or recycling equipment that meets standards at §82.158, under §608 and approved
recovery/recycling equipment that meets the standards at §82.38, under §609.
Applicable regulations: The requirements are contained in the regulations promulgated under §608 of
CAAA at 40 CFR Part 82 Subpart F and the regulations promulgated under §609, CAA CFR Part 82,
subpart B.
Additional Available Information: General fact sheets including a fact sheet on the overlap of §608 and
§609 regulations, Inspection Checklist
Examples of potential violations: (waiting for Region 3 input)
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United States Office of Air and Radiation
Environmental Protection Stratospheric Protection Division
Agency 6205J
Transport Refrigeration Inspection Checklist
(CAA §§ 608 & 609)
Transport Organi^ajigBs (Planes, Trains, R-22 Buses & Trucks)
Yes No
1. [ ] [ ] Does the facility service, maintain, or repair MVACs or appliances involving
refrigerant with company employees? If no and subject to 608, goto question 6.
Record the name and address of the contractor who does the services referenced in question 1.
2. [ ] [ ] Does the facility own refrigerant recovery equipment?
3. [ ] [ ] Has the company submitted to EPA a 608 or 609 recovery equipment certification
form? NOTE: Ask to see a file copy.
For each piece of recovery equipment, record the manufacturer's name, the model and serial numbers, the
rated refrigerants and any UL, ARI or ETL approvals.
Request the names of all individuals who have performed any service, maintenance or repairs on MVACs or
appliances involving refrigerant.
4. [ ] [ ] Do all service technicians have EPA approved technician certification? 609
certification is good for MVACs and buses without R-22, and 608 is for all others.
NOTE: Approved 608 technician certifications contain the following language,
"[Name of person] has been certified as a [Type I, Type II, Type III, and/or Universal,
as appropriate] technician as required by 40 CFRpart 82, subpart F"
5. [ ] [ ] Does the facility purchase refrigerants?
If " YES " to question 5, record the name and address of the refrigerant supplier and the type and quantity of
refrigerant purchased during the last 3 years.
View the refrigerant storage area and record the type(s) and quantity(ies) of refrigerants) found in the
facility storage.
6. [ ] [ ] Does the facility send used refrigerant to a reclamation facility?
If "YES" to question 6, record the name and address for the refrigerant reclamation facility and the type and
quantity of refrigerants reclaimed during the last 3 years.
-------
Yes No
7, [ ] [ ] Does the facility perform any refrigerant retrofits?
If "YES" to question 7, record the following for each alternative refrigerant used: the name of the alternative,
what refrigerant the alternative is replacing, is there dedicated recovery/recycling equipment, (following 609
only) are there unique fittings and the type, are the fittings permanently attached, are there unique labels and
get a sample label.
8. [] [] Does the facility have any appliances with refrigerant charges of more than 50 pounds
of refrigerant?
If "YES" to question 8, use 608 Facility Checklist.
COPIES
• If any technicians are not EPA certified or improperly certified, make a copy of at least 1 record that
shows the uncertified or improperly certified technician performing work involving the refrigerant.
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x>EPA
United States
Environmental
Protection Agency
Office of Air and Radiation
Stratospheric Protection
Division (6205-J)
April 1994
Overlap Between Section 608 and Section 609
Section 608 of the Clean Air Act
Amendments of 1990 directs EPA to establish
requirements to prevent the release of
ozone-depleting substances during the
servicing, repair, or disposal of appliances and
industrial process refrigeration. Section 609 of
the Act establishes standards specifically for
the service of motor vehicle air conditioners
(MVACs). MVACs are included in the
definition of appliances under the definition put
forth in Section 608, however, since their
service and repair are regulated under Section
609 they are not subject to the servicing
requirements under Section 608. Procedures
involving MVACs that are not covered by
Section 609, such as the disposal of MVACs,
are covered by Section 608. Below is
information concerning specific areas where the
overlap between these two sets of regulations
may require additional clarification.
Technician Certification
Both regulations require that technicians
become certified. Technicians who repair or
service MVACs must be trained and certified
by an EPA-approved Section 609 program.
These programs are specifically designed to
cover MVAC recycling equipment in
accordance with SAE Standards and Section
609 regulatory requirements. After completing
a required training program MVAC technicians
must pass a test to become certified. These tests
are different from the Section 608 certification
tests.
Under Section 608 EPA has established
four types of certification for technicians that
service and repair appliances other than
MVACs. These technicians must be certified by
passing a test in the appropriate area. All
training and review classes for Section 608 are
voluntary; only passing the test is mandatory.
The four categories of certification are:
• Type I = small appliances
• Type II = high-pressure appliances,
except small appliances and MVACs
• Type HI = low-pressure appliances
• Typel\ ^Universal) = all appliances
except MVACs
In addition, people who service or repair
MVAC-like appliances (e.g. farm equipment
and other non-roads vehicles) can choose to be
certified by either the Section 609 program or
under Section 608 Type II. Due to the
similarities between MVAC and MVAC-like
appliances, EPA recommends that technicians
servicing MVAC-like appliances consider
certification under Section 609. Please note:
while buses using CFC-12 are MVACs, buses
using HCFC-22 are not MVACs or MVAC-like
appliances, but rather high-pressure equipment
covered under Type II of the section 608 test.
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Sales Restriction
Additional Information
Under EPA regulations, only certified
technicians will be able to purchase CFC or
HCFC refrigerants after November 14, 1994.
However, the Clean Air Act itself further
restricts the sale of the small containers of one
refrigerant, CFC-12.
Under the Clean Air Act, only Section
609 technicians may purchase small cans (less
than 20 pounds) of CFC-12. Traditionally small
cans of CFC-12 have been used for recharging
MVAC and MVAC-like appliances. The sales
restriction provision in the Act was intended to
discourage "do-it-yourselfers" who may release
refrigerant because they lack access to recycling
equipment This restriction will not change
after November 14,1994. The sale of small
cans of CFC-12 will always be limited to
Section 609 technicians.
Recordkeeping
Section 608 requires that all persons
who sell CFC and HCFC refrigerants retain
invoices that indicate the name of the
purchaser, the date of the sale, and the quantity
of the refrigerant purchased.
These requirements are for all sales
affected by Section 608. However, since the
sale of small containers of CFC-12 is restricted
to technicians certified under Section 609, these
record keeping requirements do not apply to the
sale of small containers of CFC-12. Therefore,
while records must be maintained for the sale
of all other CFC and HCFC refrigerants in any
size container, and for the sale of CFC-12 in
containers of 20 pounds or more, it is not
necessary to maintain records for the sale of
small containers of CFC-12.
For further information concerning
technician certification or any regulation related
to stratospheric ozone protection, please call
the Stratospheric Protection Hotline at
(800)296-1996 or write to:
608 Recycling Program Manager
Technician Certification
Program Implementation Branch
Stratospheric Protection Division
Environmental Protection Agency
Mail Code: 6205J
401 M Street, SW
Washington, DC 20460
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608 vs. 609 Row Chart
Is the equipment used to cool the
driver's/passengers' compartment,
or is ft used to cool refrigerated
cargo?
cargo
60S
(Type 11}
passenger
Does the equipment use CFC-12 (or
a replacement for CFC-12, such as
HFC-134a)?
no
608
(Type II)
yes
Is the compressor hermetic or open-
drive?
hermetic
608
(Type 11}
open-drive
is the vehicle an cm-road (e.g., car,
truck, or bus) or off-road vehicle?
on-road
off-road
608
(MVAC-like
appliance)
609
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United States Office of Air and Radiation
Environmental Protection Stratospheric Protection Division
Agency 620SJ
§ 608 Technician Certification Program
Definition of Sector: Those that offer the §608 technician certification test include: universities, trade
schools, federal/state/local governments, trade associations, and unions.
General requirements: Certifying programs administer a closed-book, proctored exam for airconditioning
and refrigeration technicians. Each certifying program must assemble tests by choosing questions from an
EPA test bank. Tests (excluding mail-in Type 1 exams) must be proctored. The proctors must ensure that
technicians do not use any notes or training materials during testing, that workspace is placed in a way that
discourages cheating and that the physical facilities are to be conducive to continuous surveillance during
testing. The proctor may not receive any benefit from the outcome of the testing other than a fee for
proctoring. Proctors must verify photo identification provided by the technicians. Tests must be graded
objectively. Certifying programs must inform the applicants of their test results no later than 30 days from
the date of the test. Certifying programs must issue a standard wallet-sized identification card no later than
30 days from the date of the test. Certifying programs must maintain records for at least three years which
include the names and addresses of all individuals taking the tests, the scores of all certification tests
administered, and the dates and locations of all tests administered. Certifying programs must send EPA an
activity report from all approved certifying programs by every January 30 and June 30, the first to be
submitted following the first full six-month period for which the program has been approved.
Applicable regulations: The requirements are contained in the regulations promulgated under §608 of
CAAA at 40 CFR Part 82, subpart F §82.161, §82.166(1), and Appendix D.
Additional Available Information: General fact sheets, sector-specific fact sheets, list of approved
programs, Inspection Checklist
Examples of potential violations: Misconduct on the part of the certifying programs, their representatives
and proctors, or the applicant for certification; failure to provide test security, failure to provide adequate
testing facilities and spacing of the applicants during testing, failure to establish/implement procedures
regarding accountability; and ensuring that there is no evidence of misconduct on the part of the program
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United StMm Otfica of Air and Radiation
En vironm«m«J Protection Stratospheric Protection Di viiion
6205J
Inspection Checklist
Technician Certification Programs,
Clean Air Act Section 608
GENERAL
I. What is the name and address of the technician testing program?
Yes No
2. [ ] [ ] Is the testing program EPA approved?
3. If a YES: to question 2, what was the date of their approval?
4. [ ] [ ] Have the testing program provide a list of all examinations given during the last 12
months,
4a. [ ] [ ] the names of the proctors used for each exam,
4b. [] [] the names of the students and their scores.
5. Have the testing program describe in detail the accountability measures which ensure the
confidentiality and security of the test questions and the answer keys? Request of copy of these
procedures if written.
6. What is the ratio of proctors to students used during each the examinations given during the last 12
months?
7. What materials and instructions are proctors given before testing? Request a copy of these
materials and procedures (include any proctor contracts and agreements).
8. How many versions of the examinations have been used during each examination given during the
last 12 months?
9. What benefits have the proctors received from the outcome of the examinations given during the
last 12 months? Describe all benefits.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFF ICE OF
An AND RADIATION
lone 1998
SECTION tm TRfHNiriAN rERTIFir.ATION PROGRAMS
This list will be updated when other technician certification programs are approved. Programs appearing on this list
are approved to provide the EPA technician certification test; however, this approval list does not address the status
of technicians that participated in any w»i«ntary training and/or certification program. Lists of voluntary programs
approved under the grand fathering requirements are available. Programs offering Type I tests using the mail-in
option, are noted. Unless otherwise indicated, those programs also provide on-site testing. In addition, EPA does
not review or approve any training programs or materials. Pteaan ***»*• The addresses and phone numbers listed
below are for the programs' headquarters. Many programs offer testing locations throughout the country. Each
program will be able to provide you with their testing locations.
AC/C Tech
4415 Forest Manor Avenue
Indianapolis, Indiana 46226-3080
(317)545-7071
fee: $35.00
training available
approved: 10/13/93
ACI-Environmental Safety Training Institute
239 West 29th Street, Ground Floor
New York, NY 10001
(212) 254-5410
fee: $25.00
training available
approved: January 1995
ADC Limited
1919 San Mateo NE
Albuquerque, New Mexico 87110
(505) 265-5822
fee: $40.00
no training available
approved: 8/17/94
Advanced Technical Training
45 South Victoria
Smte 139
Milpitas, California 95035
(408) 534-3139
fee: $15.00
training available
approved: 6/29/94
Air Conditioning Contractors of America
(ACCA)/Ferris State University (FSU)
1712 New Hampshire Ave.
Washington, DC 20009
(202) 483-9370
fee: $22.50 members
$32.50 non-members
$99.00 electronic testing
training available
approved: 9/30/93
Air-Conditioning &. Refrigeration Institute (AM)
4301 Nor* Fairfex Drive
Suite 425
Arlington, Virginia 22203
(703) 524-8800
fee: $45.00
training materials available
approved: 9/30/93
!m«met Address (URL) « hBp://www.»pa.gov
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Air Conditioning Training by Quality
3141 Westwood Drive
Las Vegas, Nevada 89109
(702)731-1617
fee: $60.00
training available
approved: 1/15/98
Alaska Vocational Technical Center
P.O. Box 889 - 809 Second Avenue
Seward, Alaska 99664
(907) 224-3322
fee: $35.00 for nort-merabers of AVTEC
training available
approved: 6/29/94
Alpha Mechanical Services
1280 West Peachtree Street NW
Suite 3114
Atlanta, Georgia 30309
(404) 685-3132
(800)239-9119
fee: $75.00
$50.00 (retesting)
$75,00 (Type 1 Mail-in)
training available
approved: 12/5/95
Apex Technical School, Inc.
635 Avenue of the Americas
New York, New York 10011
(212) 645-3300
fee: $30.00
training available
approved: 6/29/94
Association Of Energy Engineers
4025 Pleasantdale Road, Suite 420
Atlanta, Georgia 30340
(404) 447-5083 ext 215
fee: $50,00
training available
approved-1/26/94
Association of Home Appliance Manufacturers
(AHAM)/North American Retail Dealers of
America (NARDA)
10 East 22nd Street
Suite 310
Lombard, Illinois 60148
(630) 953-8956
fee: $27.00
Type I mail-in tests only
training manuals available
approved: 12/28/93
Associated Technical Institute (ATI)
P.O. Box 31 - 271 Main Street, Suite 303
Stoneham, Massachusetts 02180
(718) 279-2280
(800) 229-1284
fee: $25.00
training available
approved: 12/28/93
Babcock & Wilcox
Technical Training Services
(formerly Power Safety International)
20 South Van Buren Avenue
Barberton, OH 44203-0351
(800) BABCOCK ext. 1004
fee: $50.00
training available
approved: 1/26/94
Bay State School of Appliances (BSSA)
225 Turnpike Street (Route 138)
Canton, Massachusetts 02021
(617) 828-3434
fee: $75.00
training available
approved: 2/23/94
Career Technology Center of Lackwanna County
Henry J. Dende Campus
3201 Rockwell Avenue
Scranton, Pennsylvania 18508-1491
(717) 346-8471
fee: $50.00
training available
approved: 11/08/95
-------
Center for Safety & Environmental Management
(formerly GQ Environmental, Inc.)
718 Jackson Road
Apollo, Pennsylvania 15690
(412)478-2736
fee:$25.00 first test Type
$25.00 additional test Type
$75.00 Universal tests
training available
approved; 10/20/94
Central Delaware Training Academy, Inc.
P.O. Box 1344
Dover, Delaware 19903-1344
(302) 677-1534
fee: $25.00
Type I mail-in tests available
no training available
approved: 10/20/94
CFC Reclamation and Recycling Service, Inc.
P.O. Box 560
Abilene, Texas 79604
(915)675-5311
fee: $100.00
training available
approved: 12/28/93
Climate Control Institute, Inc.
3030 North Hillside
Wichita, Kansas 67219
(316) 686-7355
fee: $50.00
training available
approved: 2/23/94
Community College of Southern Nevada
700 South College Drive - H1A
Henderson, Nevada 89015-8419
(702) 564-7484 ext. 237
fee: $40.25
training available
approved: 5/1/95
Coyne American Institute
1235 W. Fullerton Avenue
Chicago, Illinois 60614
(312)935-2520
fee: $40.00
$25.00 (retesting)
training available
approved: 12/5/95
Delaware County Community College
901 South Media Line Road
Media, Pennsylvania 19063-1094
(610) 359-5338
fee: $25.00
training available
approved: 11/4/93
Delaware Skills Center Building
Maintenance
13th & Poplar Streets
Wilmington, Delaware 19801
(302) 654-5392
fee: $25.00
training available
approved: 5/10/96
Delaware Technical & Community College
400 Stanton-Christiana Road
Newark, Delaware 19713
(302) 453-3001
fee:$30.00 (Type I, II, III)
$40.00 (Universal)
training available
approved: 4/28/94
Education Dynamics Institute (EDI)
701 North Rancho Drive
Las Vegas, Nevada 89106
(702) 648-6888
fee: $30.00 (may be included in tuition)
training available
approved: 8/17/94
Educational Services
317 Fan-view Circle
Sparta, Tennessee 38583
(931) 761-5024
fee: $35.00
training available
approved: 6/29/94
-------
Environmental Training Group, Inc.
428 McKinstry's Mill Rd.
Linwood, MD 21791
(800) 453^200
fee: $45.00
training available
approved: 9/30/93
ESCO Institute
1350 W. Northwest Highway
Suite 205
Mount Prospect, Illinois 60056
(800) 726-%%
fee: $55.00
training manual available
approved: 12/28/93
ET1 Environmental Control Program
2076 Youngton - Warren Road
Niles, Ohio 44446
(330) 652-9919
fee: $100.00
training available
approved: 5/11/96
F & J Air Conditioning & Refrigeration
Training and Certification
4421 Crow Drive, #B
Laramie, Wyoming 82072-7202
(307) 742^607 or 9100
fee: $35.00
approved: 2/23/96
Geneva Steel
P.O. Box 2500
Provo, Utah 84603
(801) 227-9000
fee: $35.00 for one Type
$50 for the Universal test
Type I mail-in tests available
training available
approved: 4/28/94
Hartsog Trade School, Inc.
P.O. Box 760
Lodi, California 95241-0760
(209) 339-9324
fee: $50.00
training available
approved: 3/30/
H.V.A.C. Tech toe.
136 Metropolitan Avenue
Brooklyn, New York 11211
(718) 388-6926
fee: $25.00
training available
approved: 3/30/94
Joliet Junior College
IET - Workforce Development Center
214 Nor* Ottawa Street
Joliet, Illinois 60432
(815) 727-6544 ext. 1317
fee: $39.00
training available
approved: 3/30/94
I.M./Thrifty Distribution, Inc.
4403 S.E. Johnson Creek Blvd.
Portland, Oregon 97222
(800) 747-0824
fee: $50.00
training available
approved: 1/26/94
Kellogg Community College
Regional Manufacturing Technology Center
450 Norti Avenue
Battle Creek, Michigan 49017-3397
(616) 965^*137 ext. 2813
fee: $60.00
training available
approved: 2/23/94
Lincoln Land Community College
Shepherd Road
Springfield, Illinois 62794-9256
(217) 789-2200
fee: $30.00 (Testing only)
training available
approved: 3/27/97
-------
Mainstream Engineering Corporation
Pines Industrial Center
200 Yellow Place
Rocktedge, Florida 3295S
(407)631-3550
Type I mail-in tests available
fee: $29.95
training available
approved: 1/26/94
Marine Safety Consultants/
Tidewater School of Navigation, Incorporated
100 W. Plume Street, Suite 450
Norfolk, Virginia 23510
(757) 625-7004
fee: $50.00
training available
approved: 5/1/95
Metropolitan Manufacturers Association
10733 Big Bend Blvd.
St. Louis, Missouri 63122-6027
(314)966-1006
fee: $25.00
training available
approved: 2/23/94
Motorcoach Training &. Development
9850 North 19th Drive, Suite 1
Phoenix, Arizona 85021-1944
(800) 255-2122
fee: $18.00 for one Type
$27.00 for two Types
$35.00 for Universal
training available
approved: 5/1/95
National Assessment Institute/Block &
Associates (NAI/Block)
2100 NW 53rd Avenue, Suite 1303
Gainesville, Florida 32653-2149
(800) 280-EXAM (3926)
fee: $28.00 pre-registered
$45.00 without pre-registration
no training available
approved: 11/4/93
National Association of Power Engineers
Education Foundation (NAPE)
5707 Seminary Road, Suite 200
Falls Church, Virginia 22041
(703) 845-7055 ext. 12
fee: $55.00
training available
approved: 9/30/93
National Association of Plumbing-Heating-
Cooling Contractors (NAPHCC)
P.O. Box 6808/180 S. Washington Street
Falls Church, Virginia 22046-1148
(800) 533-7694/(703) 237-8100
fee: $15.00 for members
$25.00 for non-members
Type I mail-in tests available
training available
approved: 10/13/93
National Certification Institute
425 South Reynolds
Alice, Texas 78332
(512)664-9602
fee: $125.00
training available
approved: 8/17/94
Niagara County Community College
Division of Lifelong Learning
Department of Corporate Training
136 Walnut Street
Lockport, New York 14094
(716)433-1856
fee: $25.00
approved: 12/12/95
North Carolina State Board of Refrigeration
Examiners
P.O. Box 10666
Raleigh, North Carolina 27605
(919) 755-5022
fee: $25.00
training available from the Board's test sites
Type 1 mail-in tests available
approved: 9/30/93
-------
Oklahoma Slate University/OkmuJgee
1801 East Mission
Okmuigee, Oklahoma 74447-3901
(918) 756-6211 ext. 270
fee: $25.00
training available
approved: 5/31/94
Operating & Maintenance Engineer Trade
Training Trust Fund for California & Nevada
2501 W. Third Street
Los Angeles, California 90057
a 13) 385-2889
Fee: $25.00
training available
approved: 10/13/93
Pace Maintenance and Technical Services
Department - Pace Acceptance Facility
405 Taft Drive
South Holland, Illinois 60473-2015
(708)331-9127
fee: $10.00 per Type
training available
approved: 4/28/94
Parkland College
Business Training Center
2400 West Bradley Avenue
Champaign, Illinois 61821-1899
a 17) 351-2200
fee: $38.75
training available
approved: 10/20/94
Pennco Tech
99 Erial Road
P.O. Box 1427
Blackwood, New Jersey 08012
(609)232-0310
fee: $25.00
training available
approved: 4/28/94
Ranken Technical College
4431 Finney Avenue
St. Louis, Missouri 63113
(314) 371-0236
fee: $20.00 registration
$15.00 first test type
$50.00 universal tests
(fees may be included in tuition)
training available
approved: 3/30/94
Refrigeration Environmental Protection
Association (REPA)
7525-M Connelley Drive
Hanover, Maryland 21076
(800)435-3331
fee: $45.00
training available
approved: 9/30/93
The Refrigeration School, Inc. (RSI)
4210 East Washington Street
Phoenix, Arizona 85034-1894
(602)275-7133
fee: $125.00 (training, manuals, seminar, and
lest)training available
approved: 11/4/93
Refrigeration Service Engineers Society (RSES)
1666 Rand Road
Des Plaines, Illinois 60016-3552
(847) 297-6464
fee: $25.00
Type I mail-in tests available
training available
approved: 9/30/93
Refrigeration Training Center (RTC)
208 W. 29th St., Suite 410
New York, NY 10001
(212) 629-8520
fee: $35.00
training available
approved: 10/27/97
-------
Rock Valley College
3301 North Mulford Road
Rockford, Illinois 61114-5699
(815) 654^1250
fee: $30,00
training available
approved: 3/30/94
San Diego City College
1313 12th Avenue
San Diego, California 92101-4787
(619)230-2080
fee: $35.00
training available
approved- 4/28/94
San Joaquin Delta College
5151 Pacific Avenue
Stockton, California 95207-6370
(209) 474-5230
fee: $35.00
training available
approved: 5/31/94
San Jose City College (SJCC)
Applied Science Division
2100 Moorpark Avenue
Room 304
San Jose, California 95128-2799
(408) 288-3781
fee: $5.00 processing fee for current SJCC
students/SSO.OO for non-students
training available
approved: 2/23/94
Seafarer's Harry Lundeberg School of
Seamanship
P.O. Box 75 - State Route 249
Piney Point, Maryland 20674-0075
(301) 994-0010 ext. 274
fee: free for members of the Seafarers
International Union
Non-members: $110.00 per test type or
$130.00 for Universal
training available
approved: 4/28/94
Sequoia Institute
200 Whitney Place
Fremont, California 94539
(510)490-6900
Fee: $10.00
training available
approved: 10/13/93
State of Wisconsin
Department of Commerce
401 Pilot Court, Suite C
Waukesha, Wisconsin 53188
(414) 548-8617
fee: $80-100
training available
approved: January 1995
Seattle Wartime Academy
4455 Shilshole Avenue, NW
Seattle, Washington 98107-4645
(206) 782-2647
fee: $25.00 (Type I, Type II, & Type HI
$45.00 (Universal)
training available
approved: 7/6/95
State University of New York —
Maritime College
6 Peiujyfield Avenue
Fort Schuyler
Bronx, New York 10465-4198
(718) 409-7340/(718) 409-2013
fee: $25.00
training available
approved: 5/31/94
Technical Career Institutes (TCI)
The College for Technology
320 West 31st Street
New York, New York 10001
(212) 5944000
fee: $30.00
training available
approved: 12/28/93
Technical Training Services
3233 Douglas Drive
Sanford, Michigan 48657
(517)687-7637
fee: $40.00
training available
approved: 08/26/96
-------
8
Technical Seminars
P.O. Box 995
Lombard, Illinois 60148-0995
(800) 647-0385
H V ACinfo@aol. com
fee: $40.00
training available
approved: 12/28/93
Technology Training Inc.
2111 S. Adams Street
Denver, Colorado 80210
(303) 759-2471
fee: $50.00
training available
approved: 5/31/94
Telemedia, Inc.
750 Lake Cook Road
Buffalo Grove, IL 60089
(800)837-3155
fee: $25.00 one part
$10.00 each additional part
training available
approved: 12/10/97
Tennessee Valley Technical Programs
Route I, Box 372
Counce, Tennessee 38326
(901) 373-3992
fee: $20.00
training available
approved: 2/23/94
Texas Engineering Extension Service (TEES)
The Texas A&M University System
9350 South Prest
San Antonio, Texas 78223-4799
(210)633-1000
fee: $40.00
training available
approved: 11/4/93
Texas State Technical College at Waco
Air Conditioning and Refrigeration technician.
3801 Campus Drive
Waco, Texas 76705
(817)867-4850
fee: $25.00
training available
approved: 3/30/94
Thunder-Light, Incorporated
P.O. Box 1001
Punta Gorda, Florida 33951-1001
(941) 637-8537
fee: $150.00
training available
approved: 08/26/96
Training Specialists
P.O. Box 181075
Corpus Chrisn', Texas 18480-1075
(512)949-9780
fee: $40,00
training available
approved: 6/4/97
Trammell Crow Residential Services
6400 Congress Avenue, Suite 1100
Boca Raton, Florida 33487
(561) 997-9700
fee: $ 10.00 for TCRS personnel
$15.00 for non-TCRS personnel
no training available
approved: 8/17/94
Unified Industries Incorporated
7460 Tidewater Dr., Suite 100
Norfolk, VA 23505
(757)480-1642
fee: $35.00
training available
approved: 5/13/98
Union Electric Company
Power Plants Training Center
1599 Fenpark Drive
Fenian, Missouri 63026
(314)992-7422
fee: free employees
$50,00 non-employees
training available
approved 4/28/94
United Association of Journeymen and
Apprentices of the Plumbing and Pipe Fitting
Industry of the United States
and Canada (UA)
Contact: Beorge H. Bliss, III
901 Massachusetts Avenue, NW
Washington, DC 2000M397
(202) 628-5823
fee: free
training available
approved: 9/30/93
-------
Universal Technical Institute (UT1)
902 Capitol Avenue
Omaha, Nebraska 68102-1195
(402) 345-2422
fee: free for students, $20.00 plus $15.00 for
the first lest type and $10.00 for each additional
test type (Universal tests: $50.00)
training available
approved: 9/30/93
Universal Technical Institute (UTI)
3823 North 34th Avenue
Phoenix, Arizona 85017
(602)271-4174
fee: $25.00
training available
approved: 11/4/93
University of Toledo
Community and Technical College
Toledo, CMo 43606-3390
(419)531-3313
fee: $50.00
training available
approved: 4/28/94
Vatterott College
12970 Maurer Industrial Dr.
St. Louis, MO 63127
(314)843-4200
Alan Clay, Director
HVAC Program
fee: $40.00 students
$75.00 non-students
training available
approved: 12/15/97
Vidal Enterprises
5001 Apopka Vindand Road
Orlando, Florida 32819
(800) 258-4325
fee: $30.00
training available
approved: 8/17/94
VGI TrtEiung Division (VGI)
Video General Inc.
1156 107th Street
Arlington, Texas 76011
(800) 886-4109
fee: $35.00
training available
approved: 9/30/93
William Rainey Harper College
CAD and Manufacturing Center
1200 West Algonquin Road
Palatine, Illinois 60067-7398
(847) 925-6000
fee: $30.00
training available
approved: 5/31/94
West Virginia University
Extension Service
Safety and Health Extension
130 Tower Lane
P.O. Box 6615
Morgantown, West Virginia 26506-6615
(304) 293-30%
fee: $25.00
approved: 8/17/94
The following programs an intended
specifically for the employees of these
companies.
Amtrak Technical Training Center
National Railroad Passenger Corporation
202 Garstang Street
Beech Grove, Indiana 46107
(317)263-0516
fee: free
training available
approved: 2/23/94
Calhoon MEBA Engineering School
27050 St. Michaels Road
Easton, Maryland 21601
(410) 822-9600
fee: free (offered only to members of the Marine
Engineering Beneficial Association. Fees
associated with re testing only.)
training available
approved: 6/29/94
Commonwealth Edison Company
Production Training Center
36400 South Essex Road
Wilmington, Illinois 60481-9500
(815)458-34llext. 4822
fee: free
training available
approved: 3/30/94
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10
Department of Defense
Department of Air Fora:
366 TSfTSIM, Stop 43
727 Missile Road
Sheppard AFB, Texas 76311-2254
(817)676-5800
approved: 5/19/94
Nat*? programs formerly offered by the U.S.
Air Force (approved on 1/26/94) and by the
Department of the Navy (approved on 2/23/94)
are now part of this DOD program.
Department of Veterans Affairs
Employee Education System-Little Rock Center
4300 West 7th Street
Little Rock, Arkansas 72205
(501) 370-6618
fee: free (VA employees and associated
personnel only)
training available
approved: 2/23/94
General Services Administration (GSA)
Self-Directed Work Team Maintenance and
Energy
Facility Management Division (PMF)
Public Buildings Service
Washington, DC 20405
(202) 501-3349
fee: free
training available
approved: 9/30/93
Insignia Management Group
One Insignia Financial Plaza
Greenville, South Carolina 29601
(803)239-1000
fee: $48.00
training available
approved: 7/6/95
Lockheed Martin Energy Systems, Inc.
Martin Marietta Energy Systems
P.O. Box 2009/9737, MS-8091
Oak Ridge, TN 37S31-8091
(615) 576-4954
fee: $10.00 Type I
$15.00 Type II, HI, Universal
training available
approved: 3/30/94
Long Island Rail Road (LIRR)
Hillside Maintenance Complex
93-59 183rd Street, Mail Code 3149
Hollis, New York 11423
(718)217-3134
fee: free for employees and associated personnel
training available
approved: 8/17/94
National Aeronautics and Space Administration
(NASA)
United Space Alliance (USA)
Mail Code: JJ-D
Kennedy Space Center, Florida 32899
(407) 867-40497(407) 867-1083
fee: free (NASA/USA employees only)
training available
approved: 6/29/94
New York City Transit Authority (NYCTA)
NYCTA Learning Center
2125 West 13 Street
Brooklyn, New York 11223
(718)265^*267
fee: free
training available
approved: 9/30/93
Norfolk Naval Shipyard
Code 9QQT.2 - Training Department
Building 510-Sth
Portsmouth, Virginia 23709
(757)396-1223
fee: free (Norfolk Naval Shipyard employees and
associated personnel only)
training available
approved: 5/31/94
Utilicorp United (Peoples Natural Gas (PNG))
1815 Capitol Avenue
Omaha, Nebraska 68102
(402)221-2458
fee: free
training available
approved: 1/26/94
Sears Product Services Training Center
1949 Waukengan Road
Bannockbum, IL 60015-1826
(708)940-8112
fee: free
training available
approved: 1/26/94
-------
11
United States Coast Guard
Coast Guard Machinery Technician School
Reserve Training Center
(MK/AC6 R School)
Yorktown, Virginia 23690-5000
(S04) 891-2362
fee: free (Coast Guard and associated
personnel only)
training available
approved: 5/31/94
U.S. Postal Service - Technical Training
Post Office Box 1400
Norman, Oklahoma 73070-7810
(405)366-4351
fee: free--PostaJ Service employees
$20.00 non-Postal Service employees
training available
approved: 5/31/94
York Internationa] Corporation
P.O. Box 1592 - 36BE
York, Pennsylvania 17405-1592
(717)771-7890
fee: free
training available
approved: 3/30/94
AcuPro Refrigerant Recovery
County Trade School
Dundalk Community College
Milwaukee County Transit System
National Training Center
National Training Fund
Northeast Institute
Refrigerant Certification Services
Jenkins Professionals, Inc.
Johnson Controls
Programs NQ Longer Approved:
approved May 31,1994 until June 11, 1996
approved April 28,1994 until June 11, 1996
approved June 29.1994 until June 11,1996
approved August 17,1994 until December 31, 1996
approved March 24,1995 until June 11,1996
approved February 23, 1994 until June 11, 1996
approved January 26,1994 until June 11,1996
approved March 30,1994 until February 13, 1997
approved October 20, 1994 until April 8, 1996
approved January 26,1994
-------
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
EPA Certified Refrigerant Reclaimers
June 1998
OFFICE OF
AIR AND RADIATION
Ref rigermt Reel aimer
Absolute Chiller Services, Inc.
15635 Saticoy St, Unit ¥
Van Nuys,CA 91406
Advanced Reclamation Company
16 13 Highway 3, South
League City, TX 77573
Advanced Recovery Systems, Inc.
3484 East Hartley Court
P.O Box 1240
Heraando, FL 34442-1240
Alliance Recovery Services, Inc.
320 N. 16th Street
LaPorte, TX 77572
Allied Signal. Inc.
Fluorine Products Division
P.O Box 2830
Baton Rouge, LA 70821
American Reclamation Services
154 Grove Street
Chicopee, MA 01020-1879
Appliance Recycling Centers of
America, Inc (ARCA)
7400 Excelsior Blvd.
Minneapolis, MN 55426
Atlantic Refrigerant Resources
P.O. Box 335
Beaver, PA 15009
Accepts From
Non-employees
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Territory
U.S.
300 miles around
Houston, TX
southeast U.S.
TXandLA
US,
northeast U.S.
U.S.
U.S.
Contact
Curtis Arthur
800-39-FREON
Kelly Nicol
800-809-3334
713-338-2179
Rov Taylor
904-637-3991
John Smoox
713-470-9046
Steve Shanks
504-346-3662
Robert Rouleau
800-208-0277
413-592-2420
Alex Morrison
612-930-1730
Chuck Fomer
412-775-7735
Internal Address (URL) « hltp:/%ww.epa.9ov
-------
Refrigerant Reclaimer
Brady Trane Service, Inc.
1915 Church St
P.O. Box 13587
Greensboro, NC 27415-3587
Certified Refrigerant Reclamation
Corp.
55 14 78th Street
Lubbock,TX 79424
CFC Reclamation and Recycling
Service, Inc., Abilene
P.O. Box 560
Abilene, TX 79604
CFC Reclamation of Oklahoma,
Inc.
1621 SE 39th Street
Oklahoma City, OK 73 129
CFC Recovery
1026 Champlin Ave.
Utica, NY 13502
CFC Recovery Systems
868 Foxfire Dr.
Manteca, CA 95336
CFC Refimax, Inc.
1935-G Deik Industrial Blvd.
Marietta, GA 30067
CFC Technologies, Inc.
P.O. Box 91
401 Sound view Road
GiiilfontCT 06437
Clean Air Refrigerant Recovery
and Reclaiming, be.
65 13 Warren Dr.
Norcross, GA 30093
Colorado Reclamation
6 100 East 49th Avenue
Commerce City, CO 80022
Accepts From
Non-employees
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Territory
NC
TX, MM, OK, AZ
NM,CO,NE,IA,
IL,W,OH,PA,NJ,
all states east and
south
OK, KS, MO
200 miles around
Utica
CA, NV, OR, WA,
ID, AZ, CO, NM
U.S.
U.S.
TN,LA,MI,AL,
NC, SC, GA, FL
U.S.
Contact
Dick Wells
910-378-0670
Dee Me Arthur and Dean
Burfield
806-798-8772
Ken Turner
915-675-5311
Albert Choate
405-677-5240
Don DeCarr or Mike
Claevs
315-724-2647
Jim Cregor or Debbie
Cook
209-823-7756
Doug Ronune
800-406-2292
770-984-2292
John M. Mucha
203-453-1000
Ralph Newton
770-734-0706
Mike Golgart
888-853-9704
-------
Refrigerant Reclaimer
Commodore Environmental
Services, Inc.
1487 Dclashmut Ave.
Columbus, OH 432 12
Cryodyne Technologies, lite.
67 Wiatfarop Rd, (Highway 145)
Chester, CT 064 12
Dow Chemical Company
(Freeport, TX site)
Attention: Environmental
Services
Building OC-708
2301 North Brazosport Blvd.
Freeport, TX 7754 1-3257
E.I. du Pont de Nemours and
Company
1007 Market Street
Wilmington, DE 19898
E.S.I. Refrigerant Services
(formerly RMS)
723 Hwy 60 North (P.O. Box
969)
Bay City. TX 77404-0969
Eco- Dyne of Utah
375 West 2 100 South Suite B
Salt Lake City, UT 84165-1064
Elf- Auxhem North America, Inc.
Fluorochcrrucals, Industrial
Chemicals Group
2000 Market Street, 22nd Floor
Philadelphia, PA 19103
Full Circle Refrigerant Reclaim
Services
121 South Norwood Dr.
Hurst, TX 75063-7807
Full Circle Refrigerant Reclaim
Services
343 South Airline Hwy.
Gonzafcs, LA 70737
Accepts From
Non-employees
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Territory
U.S.
U.S.
Dow facilities
U.S.
U.S., chemical
industry
Wasatch Front area
US.
U.S.
U.S.
Contact
James DeAngelis
212-308-5800
John Mucha
203-526-5000
Stephen A. Knis
409-238-7976
Robert Funanage
302-774-1831
David Deerman
800-280-0410
Dennis Atwood
801-486-9775
Michael Sweeney
800-343-7940
215-419-5408
Bill Hathorn
817-282-0022
Bill Hathom
817-282-0022
-------
Refrigerant Reclaimer
FRC International, IK.
6 150 Mer go- Drive
Holland, OH 43528
Gartech Refrigerant Reclamation
Center, Inc.
1055 1 Miller Road, Suite 200
Dallas, TX 75238
Gerster Sales and Service, Inc.
45 Earhart Drive
Suite 103 & 105
Buffalo, NY 14221
Global Environmental Solutions,
Ltd
64 Lafayette Rd . Suite 158
North Hampton, NH 03862
Golden Refrigerant of Florida
The GRR Co., toe.
5530 Independence Court, Unit 4
Punta Gorda, FL 33982
Golden Refrigerant of Michigan
358 11 Van Bora
Wayne, MI 48 184
Gulf Coast Refrigerants, Inc.
d/b/a Golden Refrigerant-St. Pete
12820 Daniel Drive, Unit 13
Clearwater, FL 33762-4763
H. Larkia Corporation
17150 Newhope Street
Suite 802
Fountain Valley, CA 92708
Hudson Technologies Company
988 Packer Wav
Sparks, NV 89431
Hudson Technologies Company
25 Tome Valley Road
Hillbum, NY 10931
Accepts From
Non-employees
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Territory
U.S.
Dallas/Ft. Worth
area
western NY,
northwestern PA
U.S.
FL and surrounding
states
MI and surrounding
states
U.S.
CA,AZ,NV,UT,
OR,WA
U.S.
U.S.
Contact
Richard Marcus
419-867-8990
Bruce King
214-349-4772
Ron Gerster
716-626-1260
Ted Atwood or Seaton
Gras
800-651-6531
603-964-6531
Rick Roland
800-822-7366
941-575-7975
JohnNoss
800-292-6911
313-722-8055
Julie M. Olsen or
Barry D. Look
813-572-1522
800-952-1522
Howard Larkin or Mike
Reimg
714-549-4314
Stephen Mandracchia
702-358-7798
Stephen Mandracchia
914-368-4990
-------
Refrigerant Reclaimer
Hudson Technologies Company
(formerly RRCA)
2720 Westport Road
Charlotte, NC 28206
Independent Services
3-5LcIandDr.
Glens Falls, NY 1280 1
Indianapolis Refrigeration
Company
2351 Kentucky Ave.
Building 4-B
Indianapolis, IN 46221
J.R/s Appliance Disposal, Inc.
8980 Jeflerson Trail
Inver Grove Heights, MN 55077
Lawyer Trane
3040 So. Valley View Blvd.
Las Vegas, NV 89 102-7875
Layne Trane
801 Pressley Rd., Suite 108
P.O Box 240605
Charlotte, NC 28224-0605
Major Diversities, Inc.
5601 Gray St.
Arvada, CO 80002-2821
MR1 Refrigerant Reclaim Center
The Refrigerant Source
7720 N. Lehigh Avenue
Niks,IL 607 14-349 1
National Refrigerants, Inc.
11 40 1 Roosevelt Blvd.
Philadelphia, PA 19154
New Era Environmental
44880 Falcon Place, Suite 105
Sterling, VA 20 166
Pacific Coast Trine Service
310SoquelWay
Sunnyvase, C A 94086-4 1 7 1
Accepts From
Non-employees
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Territory
U.S.
NY, NH. VT, CT,
NJ
IL, IN, OH
U.S.
southern NV,
eastern CA, western
AZ
100 miles around
Charlotte
West of Mississippi
U.S.
U.S.
MD, VA, DC, DE,
NC.SC.NJ.PA,
WV
San Francisco, San
Jose, Oakland area
Contact
Stephen Mandracchia
704-394-9491
H.A. Hansen
800-640-4313
Jerry Hughett
317-486-1851
800-497-6805
James Zeien
800-358-6563
Robert Hellriegel
702-876-7530
Dave Boozer
800-933-9601
Jack Major, Jr.
800-255-6234
Jeff Whelton
708-966-2150x2310
Maureen Beady
800-262-0012*
Nancy Overman or Pete
Williams
703-904-7570
Taline Menus
408-481-3760
-------
Refrigerant Reclaimer
Perfect Cycle Corporation
1846 Id! cvald Lane
Lancaster, TX 75 1 34
Polar Pacific, Inc.
7121 Engineer Road
San Diego, C A 92 ill
Polar Refrigeration Technologies
P.O. Box 386
Amesbury.NH 01913
Pure Chem, Inc.
500 Grapevine Hwy., Suite 335
Hurst, TX 76054
Reclamation Technologies, Inc.
5895 Alameda Street
St. Paul, MN 55 126
Reclamation Technologies, Inc.
6 150 Merger Drive
Holland, OH 43537
Refrigerant Management Services
1216 N, 17th Avenue
Peons, AZ 85380
Refrigerant Management Services
611 136th Avenue
Holland, MI 49424
Refrigerant Management Services
of Georgia
2 1 6 F Atlanta Highway
dimming, GA 30130
Refrigerant Management
Technologies, Inc.
2827 Carmel Woods Dr.
Seabrook, TX 77586
Refrigerant Reclaim, lac.
122 Old Stage Coach Rd
Dumfries, VA 22026
Refrigerant Reclaim, A Division
of RRT Inc.
805 Tik Dr.
Redwing, MN 55066
Accepts From
Non-employees
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Territory
U.S.
U.S.
U.S.
U.S.
U.S.
U.S.
U.S.
U.S.
GA,SC,NC,
eastern TN
VA, MD, DC, PA,
eastern WV
U.S.
Contact
Gary L. Weber
214-224-3591
EdTilton
800-787-2468
619-715-9000
TedAtwood
Steve Barnes
603-394-8041
Chris Ludwig
817-281-1110
Kevin Schatz
612-787-0881
612-785-0686
Richard Marcus
888-873-6832
William E. Palmer
800-968-7247
602-254-2536
William E. Palmer
800-968-7247
616-738-9552
Ken Ponder
800-347-5872
James Todack
713-474-3787
Wayne Lucas
800-238-5902
Joan Terry Drucker
860-651-6114
-------
Refrigerant Reclaimer
Refrigerant Refining, L.L.C.
1300 West Main Street
Oklahoma City, OK 73 1 06
Refrigerant Resource Co.
500 Grapevine Hwy,, Suite 335
Hurst, TX 76054
Refron, Inc.
3 8- 18 33rd Street
Long Island City, NY 11 101-
9874
Rocky Mountain Reclamation,
toe.
P.O. Box 4 187
Englewood, CO 80155-4187
South Florida Trane Service
7415N.W. 19 Street, Suite C
Miami, FL 33 126
SPW Engineering
1 195 B & A Blvd.
Arnold, MD 2 10 1 2
St. Vincent De Paul Society of
Lane County, Inc.
705 S. Seneca
Eugene, OR 97402
Storer Equipment Company, Inc.
P.O. Box 676 1
Shreveport,LA711Q6
Tampa Bay Trane
902 N. Himes
P.O Box 18547
Tampa, FL 33609
Total Reclaim, Inc.
P.O. Box 249%
Seattle, WA 91 124
Accepts From
Non-employees
Yes
Yes
Yes
Yes
No
Government
facilities only
Yes
Yes
No
Yes
Territory
U.S.
U.S.
U.S.
U.S.
Miami and area 60
miles surrounding
DC, VA, MD
OR, WA. CA.
northern NV. ID
northern LA.
northeast TX,
southern AR
Crystal River south
to Naples, east to
Winterhaven
northwest U.S.
Contact
Robert G. Hall
Blair Horst
Stuart Noakes
405-236-4255
Chris Ludwig
817-281-1110
Fran Besdin
800-4-REFRON
718-392-8002
M ichele Nielsen
303-366-1226
Michael Levine
305-592-0672 x!47
Christopher Garner
800-664-4775
410-544-6100
Mark Belmcr
503-345-0595
Craig H. Storer
318-865-1466
Robert Ijames
813-877-8251
JeffZirkle
206-343-7443
-------
Refrigerant Reclaimer
Trine Company, Denver Sales
District
Suite 1 IS
6675S.KentonSt
Englewood,CO8Qlll
Trane Company of SMI Antonio
3650 Highpoint
San Antonio, TX 78217-3230
Trane Oregon
P.O. Box 23579
Tigard, OR 97281
Trane Pacific Service
330 Sand Island Ace. Rd
Honolulu, HI 96819
Trane Service Group
13821 Diplomat Drive
P.O. Box 8 14609
Dallas, TX 7538 1-4609
United States Refrigerant
Reclamation
12430 N. Green River Road
Evansville,IN47711
Vitello, Inc.
1020 1st Avenue
Lake Charles, LA 70601
Waldrop Heating and Air-
Conditioning
P.O. Box Drawer 8300
Spartanburg, SC 29305
Welch's Refrigeration H.V.A.C
2050 Duncannon N.W.
Canton, OH 44708
Accepts From
Non-employees
No
Yes
No
Yes (11, 123, 113)
No
Yes
Yes
No
Yes
Terrtairy
CO, WY, western
ME
South TX
OR and southwest
WA
HI
northern TX
AR, IN, IL, TN
LA,TX
SC and southern
NC
U.S.
Contact
MikeLimke
303-705-9100
Mike Price
210-657-0932
Robert G. Davis
503-620-8031
Robert S. Harm
808-845-6662
Leo Blubaugh
214-406-3600
E. Lon Walters
812-867-6627
Keith Vitello
318-439-5844
Randy Vaughn
864-578-7130
Tom Welch
330-494-8523
330-477-6806
-------
&EPA
United States Office of Air and Radiation July 1996
Environmental Stratospheric Protection
Protection Agency Division (6205-J)
Section 608: Technician Certification
REVOCATION INFORMATION
EPA revoked approval of six technician certification programs that were formerly approved to offer the
Section 608 technician certification test, in accordance with 40 CFR §82.161. This action was taken
because these programs did not comply with the requirements for approved technician certification
programs.
Technicians properly certified by these programs during the time the programs were approved will remain
certified. However, since June 11,1996, the programs listed below are no longer qualified to provide the
certification test or to issue credentials to technicians.
For further information concerning technician certification, copies of regulations or fact sheets, please call
the Stratospheric Protection Hotline at (800) 296-1996. The Hotline operates between 10:00 a.m. and 4:00
p.m. eastern time, Mondays thru Fridays except federal holidays.
Programs formerly approved:
AcuPro Refrigerant Recovery approved May 31,1994 until June 11,1996
County Trade School approved April 28,1994 until June 11,1996
Dundalk Community College approved June 29,1994 until June 11,1996
National Training Center approved March 24,1995 until June 11,1996
National Training Fund approved February 23,1994 until June 11,1996
Northeast Institute approved January 26,1994 until June 11, 1996
-------
v>EPA
United States Office of Air and Radiation February 1997
Environmental Stratospheric Protection
Protection Agency Division (6205-J)
Section 608: Technician Certification
REVOCATION INFORMATION: RCS
EPA revoked approval of Refrigerant Certification Services (RCS), a program formerly approved
to offer the Section 608 technician certification test, in accordance with 40 CFR §82.161. This action was
taken because RCS did not comply with the requirements established for technician certification programs.
Those requirements state that all approved technician certification programs must provide the certification
test and issue credentials consistent with the applicable standards for test administration, grading, and the
issuance of cards.
When EPA approves programs, programs are also notified that failure to comply with any of the
requirements could result in suspension or revocation of their approval. EPA has information regarding
significant noncompliance by RCS and its agents. RCS and three of its agents have been indicted for
criminal actions directly related to the administration of the §608 Technician Certification Program, Based
on the information that led to these indictments, EPA revoked RCS' approval to offer the §608 technician
certification program on February 13, 1997.
RCS is no longer authorized to certify technicians or issue valid certification credentials.
Technicians properly certified by RCS during the time the program was approved will remain certified.
However, technicians that were not properly certified by RCS and/or were inappropriately issued
credentials will be contacted by EPA directly. Technicians that comprise this subset either participated in
testing events proctored by Herman E. Brodzenski or were in contact with Mr. Brodzenski regarding the
issuance of certification credentials. EPA would like to clarify that not every technician that participated
in testing events administered by Mr. Brodzenski will be contacted by EPA. However, a group of
approximately 100 technicians that either participated in a particular testing event or requested the issuance
of certification credentials without testing from Mr. Brodzenski will be contacted regarding whether or not
these individuals are properly certified.
For further information concerning technician certification, please contact the Stratospheric
Protection Hotline at (800) 296-1996. The Hotline operates between 10:00 a.m. and 4:00 p.m. eastern time,
Mondays thru Fridays except federal holidays.
-------
United States
Environmental Protection
Agency
Office of Air ami Radiation
Strato»pheric Protection Division
6205J
Demolition
Definition of sector: Facilities such as office buildings that are prepared for demolition where air-
conditioning and refrigeration equipment may remain, such as chillers,
General requirement: The servicing requirements for air-conditioning and refrigeration equipment include
requirements to properly evacuated appliances prior to disposing of the equipment Since demolition of a
structure that contains appliances would lead to the release of any remaining refrigerant, these regulations
may apply to demolition contractors. Appliances typically dismantled on-site include retail food
refrigeration, central residential air-conditioning, chillers, and industrial process refrigeration.
Applicable regulations: The requirements are contained in the regulations promulgated under §608 of
CAAA at 40 CFR Part 82 Subpart F, with specific servicing requirements at §82.156, technician
certification requirements at §82.161, and recordkeeping and reporting requirements at §82.166.
Additional Available informafion: general fact sheets, videotape.
Examples of potential violations: venting of refrigerant contained in appliances such as chillers during the
demolition of the building, failure to employ properly certified technicians for refrigerant recovery, failure to
use certified equipment for refrigerant recovery
-------
-------
United States Office of Air and Radiation
Environmental Protection Stratospheric Protection Division
Agency 6205J
Safe Disposal
Definition of sector; Appliances that typically enter the waste stream with the refrigerant charge intact,
including motor vehicle air conditioners, household refrigerators, freezers, and room air conditioners.
General requirement: The final person in the disposal chain, such as a scrap metal recycler or landfill
owner, is responsible for ensuring that refrigerant is recovered from appliance before the final disposal of
the appliance. However, persons "upstream" can remove the refrigerant and provide a "verification
statement" concerning the removal of the refrigerant. Also appliances where the refrigerant was vented prior
to entering the waste stream, such as where a motor vehicle was in a head-on collision, can be disposed with
a verification statement indicating that the refrigerant was previously vented.
The equipment used to recover refrigerant from these appliances must meet the same performance standards
as equipment used for servicing the same appliances, but it does not need to be tested by an approved
laboratory. For MVACs and MVAC-like appliances, the vacuum performance requirement is I02 mm of
mercury vacuum and for small appliances, the standard is that the recovery equipment must be able to
recover 90 percent of the refrigerant when the appliance compressor is operational, and 80 percent when the
appliance compressor is not operational.
Technician certification is not required for those removing the refrigerant during the safe disposal of these
appliances.
Applicable regulations: The safe disposal requirements are contained in the regulations promulgated under
§608 of CAAA at 40 CFR Part 82 Subpart F (§82.156 and §82.166). For MVAC and MVAC-like appliance
standards, performance standards for equipment are promulgated under §609 at 40 CFR Part 82 Subpart B.
Additional Available information: sector-specific fact sheets, videotape, Inspector's Checklist, guidance
contained in two letters from the Air Enforcement Division to Region III, and applicability determinations.
Examples of potential violations: appliances staged for final disposal with refrigerant charge still intact,
where refrigerant is not recovered on site: no verification statements or contracts with customers for
verifying that the refrigerant was removed.
-------
-------
United States Oficv of Air Mid Radiation
Environmental Protection Stratospheric Protection Division
Agency 6205J
Inspection Checklist
608 Disposal Inspection
1, Facility name:
2, Facility address:
3. Faci lity phone number:
4. Name of owner/operator:
5. Name and title of contact person:
6, How did facility find out about the ' 608 requirements?
[ ] Fact sheets [ ] Articles/news [ ] Did not know about requirements
[] Trade groups [] Word of mouth [] Other
7. What professional trade associations is the company a member of?
8. Estimated weekly volume of appliances and/or MVACs received?
[] 0-10 [] 20-30 [] 40-50
[] 10-20 [] 30-40 [] 50+
Yes No
9. [] [] Does the facility own recovery equipment? If a No: go to question 18
10. [] [] Is the equipment precept?
11. Manufacturer: 12, Year Manufactured:
13. Equipment Model: 14. Serial Number:
15. [] [] Does me facility have a file copy of its equipment certificate form?
16. Name of reclamation facility:
17. Address of reclamation facility:
18. What methods are used to verify refrigerant recovery?
[ ] None [ ] Visual inspections
[] Refrigerant evacuation [] Contractor Agreements
(] Signed statements [] Other
-------
19.
20.
21.
22.
Yes
f]
No
[]
Are copies of signed statements/contracts available for inspection?
What types of appliances are received?
[ ] Refrigerators [ ]
[ ] Freezers [ ]
[ ] Vending machines [ ]
[] MVACS [ ]
[] Other
Window air-conditioners
Dehumiditiers
Heat pumps
Water Coolers
How are appliances/MVACs processed?
[ J Shredding [}
[ ] Disassembly [ ]
[ ] Landfill [ ]
Compacting/Crushing
Spare parts
Other:
Describe company procedure for appliance handling from initial receiving through final processing (include
information about regular inspection routines, inspection points, documentation received, documentation
generated, average time before appliances are processed, signs posted, etc.)
23. Inspector name:
24. Inspector signature:
Date and time of inspection:
-------
United Statai
Environment*! Protection
Agency
Office of Air Mid Radiation
Stratospheric Protection Divition
6205J
Inspection Checklist
Appliance Visual
Company Name:
Page of
I.
2.
4.
6.
i.
Small appliance type?
[ ] Refrigerator [ ]
[ ] Home freezer [ ]
[ ] Vending machine [ ]
Manufacturer
Serial Number
Refrigerant charge
Water cooler [ ] Heat pump
Window air conditioner [ ] MVAC
Dehumidifier [ ] Other
3. Model Number
5. Refrigerant type
Refrigerant System (Compressor Compartment)
[ ] Intact I ] Broken [ ] Evacuated
[] Cut [J Removed [] Other
Refrigerant Cooling Coils
[ ] Intact [ ] Broken [ ] Evacuated
[] Cut [] Removed [] Other
9. Location of unit within facility (i.e. entrance, drop-off site, preprocessing storage, ready for processing, etc.)
-------
-------
UWTED STATES ENVIRONMENTAL PROT1CT1QN AGENCY
WASHINGTON. D.C. 20460
MZHORAK3UM CQMPiUMCiA&uaANCt
SUBJECT: Questions Concerning EPA Interpretation of Disposal
Regulation at 40 C^F.R.-Pans 82 Subpart T
FROM: Ann Bailey, cMef \L_ _
SIPs, NSPS, Acid Earn arilf"strat3|8pherie
Protection Branch
TO: Bernard E. Turlin«Jci
Associate Director for ERfore«a«nt
Air, Radiarion and Toxics Division
The purpose of tftis mamorar.aua is to provide guidance
concerning the applicability and interpretation of the disposal
regulations under Section 608 of the Clean Air Act Anendaents of
1990 (CAA) . The following list of-. questions represent areas of
interest and ZPA'S position on these issues.
CD At vnar point In the final disposal process is a fjnal
disposal facility violating §82. 156 (f) if a charged small
appliance is found oy an EPA inspector during a compliance
inspection?
AD Section 62. ISC (f) states, in pertinent part, that:
"persons who take the final «tt*B in *&* disposal
process {including but not limited to scrap rocyclers
and landfill operators} of a small appliance, room air
conditioning, JWACs or KVAC-lik« appliances must either
CD recover any remaining refrigerant froa the
appliance... or (2) verify that the refrigerant has
been evacuated fro» the appliance...."
Therefore, persons who take the "final step" in the disposal
process Bust ensure that refrigerant has been . removed from the .
small appliance. The regulation allows final disposal facilities
to recover refrigerant froa an appliance or verify that the
refrigerant ''has been evacuated previously, EPA believes that if
it charged appliance is found beyond the last reasonable
Inspection point then the disposal facility has violated the
-------
ruguireaents of 40 CFR §82.15S(f).
EPA recognizes that there are instances in which a disposal
facility tas developed its ovn internal procedures for disposing
of an appliance. Under these circumstances, EPA will look to
those procedures for the last reasonable inspection point in the
disposal process so long as the last inspection point is
conducted by someone* in a reasonable position to make that '
inspection. There is a strong.presumption that tae last
Inspection cannot'bn conducted by the crane operator or similar
person who is charged with the responsibility of destroying the
appliance. Zn situations where internal disposal procedures are
in place, a violation of 582.15* has occurred if a charged small
appliance is found by an EPA inspector at any point in the
• process after the last reasonable inspection point.
In situations where internal disposal procedures are
unavailable or do not adequately describe a last reasonable
inspection point, EPA will consider the last reasonable
inspection point to be the point prior to staging or placing an
appliance for destruction. A violation ef 582.156 has occurred
If a charged small appliance is found by an EPA inspector at any
point in the process after the last reasonable inspection point.
EPA believes that staging the appliance for destruction
constitutes the final step in the.disposal process 'and persons
•-•ho conduct this activity must have ensured that refrigerant no
longer remains in tne appliance. EPA believes that although
internal procedures may .differ amongst disposal facilities or
that not all disposal facilities will have internal procedures.
there is a common point where an appliance is staged for
destruction or placed/stored in a staging area for destruction.
EPA believes that a violation of 40 Oft 82.156(f) occurs if
a charged appliance is found after the last reasonable inspection
point in the disposal process. An example of a violation of this
provision is as follows: XY2 Disposal Company docs not perform
any refrigerant recovery. Inspections of incoming materials
reject appliances that are found containing refrigerant. After
inspection., XYZ novas material for disposal to a process
staging/holding «rn*. An EPA inspector finds charged appliances
in the staging/holtling area that is past the last reasonable
inspection point wjthin the company's disposal program. A
charged appliance found by an EPA inspector under these
circumstances vould be a violation of §82.l5fi(f).
EPA also believes that the "final step* in the disposal
process may occur even though the disposal facility has not
staged an appliance for destruction or placed an appliance in a
staging area for dv struct ion. EPA believes that persons who
handle appliances in a manner that would likely result in the
release of refrigerant are, in fact, taxing the final step in the
disposal process and must ensure that the requirements of 40 CFR
-------
§G2.15€(f) have been mat. Examples of the handling of appliances
that would b« considered the "final step" include picking up
appliances with a forklift and punching holes in them, dumping
appliances in bins and compacting the resulting pile, pushing
appliances around using a bulldozer er other mover, or crashing
an appliance prior to shipment or delivery to another disposal
facility.
«a a} Cnder what circumstances is a statement of evacuation all
tae verification reiniired under 5S2.1S6{f) by a final disposal
facility before th» final step in the disposal process can occur
without violating §;;2.i5SffJ ?
bj Xccording ta. the final rule preamble (58 FF. 26704} a
certification accepted^"in good faith* relieves the disposal
facility of its iiaoility. If however, the entity "knows or
should know that refrigerant remains in the appliance.vit will
still be held liable. Give examples of vhat is considered "in
good faith."
X2 a) section 82.156(f)(2) states that persons who take the
final step in the disposal process...must either recover
remaining refrigerant or verify that the refrigerant has been
evacuated previously. Such verification must include a signed
stateaent from the person fron whoa the appliance is obtained
that all refrigerant that had net leaked previously has been
recovered from the appliance. Further, this section states that
this statement must include the name and address of the person
who recovered the refrigerant and the date the refrigerant was
recovered or a contract stating that one party has the
responsibility to remove refrigerant from equipment before
delivery.
The Agency be3 ieves that verification statements of
evacuation accepted in good faith by a disposal facility
satisfies the requirements of 40 C.F.R. 82.156(f)(2). As stated
in the preamble to the Final Rule, "fi]f the entity • accepting the
certification knows or should know that refrigerant remains in
the appliance, they would' still be held liable," 50 FR 28704 (May
14, 1993). Additionally, the final rule states that If the
processor-did not know and had no reason to know that this
certification was false, then the processor would-not be liable
for violating the regulations (58 FR 21704, May 14, 1993).
Alternatively, if n processor knows or has reason to know that
the certification is not true than the processor would be liable
if "she statement is accepted and refrigerant remains in the
appliance.
b) Examples of a disposal facility acting in "good faith"
when accepting certifications could include the random inspection
of appliances, inspection of appliances during an introductory
-------
period for n«v customers, customers- that mark evacuatad
appliances, and acceptance of certifications for equipment where
fi presumption of no refrigerant is reasonable. Examples of
instances whan m disposal facility cannot claim it is acting in
good faith include instances when a disposal facility previously
accepted an appliance and a verification form from Company X but
subsequently 'found refrigerant remaining in the appliance. The
disposal facility cannot be viewed as acting in good faith upon
acceptance of a subsequent verification form from Company X that
refrigerant has -been removed from a subsequent shipment *of
appliances.
is a verification statement . required for each and every
appliance accepted OY the final disposal facility if the facility
has a contract with a -supplier stipulating that all refrigerant
vili be removed from appliances prior to delivery? Is a long
term (more than 1 sfiipoent) contract all that is required under
532. 156 (f) as verification of refrigerant evacuation?
A3) if the final disposal facility chooses not to recover
remaining refrigerant from appliances, verification must include
a signed statement of evacuation from the person from whom the
appliance is received, final disposal facilities may also accept
statements of evacuation for shipments of appliances. Regular
suppliers to* a final disposal facility, with whom long-standing
business relationships are maintained, may sign a contract that
stipulates that one party has the responsibility ts remov*
refrigerant from equipment before delivery to the facility.
EPA believes that this contract is acceptable in place of a
statement of evacuation and is considered to be an equivalent to
a statement of evacuation. This means that, as with an
individual statement of evacuation, the contract must be entered
into in good faith. The contract for refrigerant removal is
acceptable as a replacement for individual statements or
evacuation,, if the contract states which party is responsible for
removal of refrigerant. AS stated in the final Rule, 50 FK 28704
(Kay 14. 1993):
•• Comment ers in general were in favor of sotae type of
certification betwsen the final processor end the
reeowrer of the refrigerant in the cases where the
final processor does net remov* the refrigerant itself.
... [Mjany comaenters suggested more flexibility in the
elements of the certification. Several eemaenters
suggested 'that certification be al loved for shipments
of equipment instead of for each individual piece,
especially in cases where the equipment is received
already crushed. . . .
The intent of the Agency in specifying the
-------
elements of the certification between parties was to
giv* guidance un the types of elements that the Agency
believed necessary for an individual to &e assured that
refrigerant had been properly evacuated from equipment.
As .stated above, the Agency believes flexibility is
important in this program to allow for the variability
of local circumstances. As a result, the Agency has
modified the rnquirements of a certification between
two parties to allow for a single certification for a
shipment-of equipment or other similar provisions, such
as a contract between two parties stating that one
party aas tne responsibility to remove refrigerant from
equipment before delivery. The Agency believes -that the
contract option is appropriate for businesses such as
the automotive, disman tiers to streamline transactions
in cases where they maintain long-standing business
relationships with, the scrap dealers.*
$4) IB a statement of evacuation accepted under $82.136(f) (2) ,
which is missing any information listed as required in
Sa2.1S6(fJf a violation of SS2.l5€(fH2}? Does a violation of
S§2.l5fi(f) occur ij a company has or may have the missing
information in other company records?
A4) The Safe Disposal Program regulations require that certain
specific information must be included as part of any statement of
evacuation. $82.1*6(2) (2) is very clear concerning the
information that must be part of any statement of evacuation. As
stated in $82.156(1)(2), in relative part:
Such verification must include a signed statement from
the person from which the appliance or shipment of
appliances is • obtained ... This statement must include
^•h* nflP? and address of the, person who recovered t:he
ref^Irfffirfilffi and the date thy refgiyeyant vaa recovered
... prior to delivery. (Emphasis added)
Any information required by the regulation that is missing from a
statement of evacuation is a violation of $12.156(f) (2) . Any
information required by the regulation that is missing from a
statement of evacuation that is contained or may be contained in
other company records does -not fulfill the requirement to have
the information on the statement of evacuation and is therefore
also a violation of $82.i56(f)(2).
Q5) Are there any circumstances under which a final disposal
facility would be violating the reporting and recordXeeping
requirements of §E2.15€(f) if an empty snail appliance is found
by an rPA inspector In a staging area during a compliance
inspection?
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AS) Section 82.156 (f) states, in pertinent: part, that:
...persons who take the final step in the disposal
process (including but not limited to scrap recyclers
and landfill operators) of a snail appliance, room air
conditioning, MVACs, or MVAC-like appliances
must..-vurify that the refrigerant has been evacuated
from the appliance or shipment of appliances
previously. Such verification must include a signed
statement from the person from whoa the appliance or
shipment -of appliances is obtained that all refrigerant
that had not leaJced previously has been recovered...in
accordance with paragraph (g) or (h) of the section as
applicable.
For empty applrcances, as for all appliances, the disposal
facility must recover the refrigerant or obtain a signed
statement which meets the requirements of section S2.156(f)(2)
from the person delivering the appliance. This statement must be
obtained prior to placing the appliance in the final staging area
for disposal. Therefore, the disposal facility will have
violated 582.156(f) if an EPA inspector finds an empty appliance
in a staging area and the disposal facility has not either
recovered the refrigerant or obtained a verification statement.
cc: Greg Roscoe
Air and Toxics Compliance Branch
Region I
Kenneth £ng
Air Compliance Branch
Region ZZ
Jewell Harper
Air Enforcement Branch
Region IV
George czerniaK .
Air Enforcement Branch
Region V
John Hepola
Air Enforcement Branch
Region VI
Mary Tietjen Mindrup
Compliance and' Enforcement
Region vzz
-------
Ron Rutherford
Air Programs Branch
Region VTIZ
Colleen McXaugnan
Air Compliance Branch
Region'IX
fhil Millaa
Air Programs Branch
Ragion X
David L*«
Program Implementation Branch
Stratospheric Erotection Division
Ken Gigiello
Chemical Industry Branch
Chemical, Commercial Services and Municipal Division
-------
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
AUQ J6 1995
EKFORCEMENTAND
COMPLIANCE ASSURANCE
MEMORANDUM
SUBJECT: Clarification of May 3.1995 Memorandum - "Questions Concerning EPA
Interpretation of Disposal Regulations at 40 CFJEL Part 82, Subpart F
FROM: Ann Pontius, Acting Chief
SIPs, NSPS, Acid Ram and Stratospheric Protection Branch
Air "^ffifkfcciUCTit Division
TO: Bernard E. Turlinski
Associate Director for Enforcement
Air, Radiation and Toxics Division
The purpose of this memorandum is to clarify the May 3,1995, memorandum regarding
the applicability and interpretation of the disposal regulations under section 60S of the Clean Air
Act Since the issuance of the May 3rd memo, the Air Enforcement Division has received
inquires from the regulated community regarding the information provided in that memo. As a
result we are issuing further guidance. This memo win expand upon some of the questions
presented previously but does not supersede the May 3,1995. memorandum.
One of the issues presented in the May 3,1995, memorandum concerned -what a regulated
party must do in order to comply with 40 CFR 82.156(f) and whether obtaining a verification
statement is sufficient for compliance with that portion of the Federal regulations. Section
82.156(f)(2) states that persons who take the final step in the disposal process must either recover
remaining refrigerant or verify that refrigerant has been evacuated previously. Such verification
must include a signed statement from the person from whom the appliance is obtained that states
that all refrigerant that had not leaked previously has been recovered from the appliance. This
statement must also include the name and address of the person who recovered the refrigerant and
the date the refrigerant was recovered. Or, rather than a verification statement, a person may
obtain a contract stating that one party has the responsibility to remove the refrigerant from
equipment before delivery.
Therefore, persons who take the final step in the disposal process have three options to
demonstrate compliance with 40 .CFR 82.156(f). First, a person may recover remaining
refrigerant. Second, if a person specifies that appliances containing refrigerant will not be
-------
accepted, thai penon may obtain verification statements which meet the requirements
of 40 CFR 82.156{f)(2). Such statements accepted in good faith which meet ali the requirements
of 40 CFR 82,136(0(2) satisfy the obligations imposed by Federal regulations. Examples of good
faith are enumerated in the preamble to the safe disposal regulations as well as listed in the May 3,
1995 memorandum. These examples of good faith specified in the preamble include "sending a
letter to suppliers stating that refrigerant must be removed before equipment is accepted, posting
signs at intake location staling the facility's requirements regarding proper CFC removal, and
requiring certification that CFCs have been removed," 58 FR 28703, May 14,1993. Other
examples of good faith include random inspection of appliances, inspection of appliances during
an introductory period for new customers, acceptance of appliances which have been marked as
evacuated, and acceptance of certification for equipment where a presumption of no refrigerant is
reasonable. Third, the regulations provide that persons who take the final step in the disposal
process also may enter into contracts with suppliers of appliances stating that the refrigerant will
be removed prior to delivery. In the instances in which disposal facilities have existing contracts,
the person who takes the final step in the disposal process need not obtain individual verification
statements as that would be redundant.
A second issue raised by the regulated community is whether the safe disposal regulations
require inspection of appliances for refrigerant, and, specifically,, whether there b a regulatory
requirement that persons who take the final step in the disposal process must inspect each
appliance for refrigerant once accepted by the disposal facility. There is no independent
requirement that persons inspect appliances for refrigerant. The person who takes the final step in
the disposal process complies with the safe disposal regulations by obtaining a complete
verification statement or entering into a contract with a regular supplier of appliances.
A third issue raised by the regulated community was whether a facility has violated the
safe disposal regulations if an EPA inspector finds a charged appliance beyond the last reasonable
inspection point In the May 3,1995, memorandum, we stated that "EPA believes mat if a
charged appliance is found beyond the last reasonable inspection point then the disposal facility
has violated the requirements of 40 CFR 82.156(1)." This sentence applies to facilities which
conduct inspections for refrigerant. At stated above, there is no independent obligation to
inspect. However, if a facility states that it conducts inspections for refrigerant and EPA
discovers a charged appliance beyond the last reasonable inspection point then the facility has
violated the safe disposal regulations. Conversely, if a facility accepts an appliance with
verification statements and a charged appliance is found beyond the last reasonable inspection
point, it is not a violation of the safe disposal regulations. However, for any subsequent shipment
of appliances, the disposal facflity can no longer accept verification statements from this supplier
in good faith without some independent means of verifying that the statements are truthful and
accurate because the facility knows or has reason to know that the verification statements were
false.
The question of recordkeeping was also raised and whether persons who take the final
step in die disposal process must demonstrate to EPA that the verification statement matches a
particular appliance or whether persons who take the final step in the disposal process must track
appliances with a particular verification statement The Federal regulations do not require persons
-------
who take the final step in the disposal process to track etch appliance and match it with a
verification statement. However, if a regulated party chooses to comply with the sale disposal
regulations by obtaining a complete verification statement or altering into contracts with suppliers
of appliances, these records must be maintained at the facility for three years.
Another issue raised was whether persons who take the final step in the disposal process
must mark or label an appliance as no longer containing ozone depleting substances. The Federal
regulations do not require persons who take the final step in the disposal process to label or mark
any appliances demonstrating that they no longer contain ozone-depleting substances.
If you have any questions, please contact Leslie Oif of my staff at (202) 564-2291.
cc: Greg Roscoe
Region I
Kenneth Eng
Region n
Jewell Harper
Region IV
George Czemiak
Region V
John Hepola
Region VI
Donald Toensing
Region VH
Ron Rutherford
Region Vin
Colleen McKaughan
Region XX
DonDoasett
Region X
Sue Stendebach
Stratospheric Protection Division
Office of Air and Radiation
Reggie Cheatham
Office of Compliance
-------
-------
United States Office of Air and Radiation
Environmental Protection Stratospheric Protection Division
Agency 620SJ
General 608 Facility Inspection Checklist
Industrial Process Refrigeration, Comfort Cooling,
Commercial and Other Refrigeration
ALL FACILITIES
Yes
[]
No
[]
2a.
2b.
[]
3.
4.
u
Does the facility own or operate any of the following refrigerant equipment types. If yes to any,
the facility is subject to 608.
[} Comfort cooling
[ ] Industrial Process Refrigeration
[ ] Small appliances < 5 pounds
[ ] MVAC (use 609 checklist)
[ ] Other Refrigeration
[ ] Commercial Refrigeration
[ ] Trucks, buses, trains or planes with R-22
Does the facility service, maintain, or repair appliances and equipment involving refrigerant
with company employees? If no, record the name and address of the refrigerant service
contractor (s).
Describe the method the facility uses to keep refrigerant related records.
Paper records (organized or disorganized), purchased software program (in use or partially
implemented), name of supplier, in-house spreadsheet or database (in use or partially
implemented), name of program,
Does the facility own refrigerant recovery equipment?
If question 2 is NO, and certified technicians are not employed, ask why facility has recovery
unit.
Has the company submitted to EPA a recovery equipment certification form? NOTE: Ask to
the see a file copy.
For each piece of recovery equipment, record the manufacturer's name, the model and serial numbers, the rated
refrigerants and any UL, ARI or ETL approvals.
Request the names of all individuals who have performed any refrigerant service, maintenance or repairs on appliances
and refrigerant containing equipment,
5, [] [] Do all service technicians have EPA approved technician certification? 609 certification is good
for MVACs and trucks and buses without R-22, and 608 certification is for all others.
NOTE: Approved 608 technician certifications contain the following language, "[Name of
person] has been certified as a [Type I, Type II, Type III, and/or Universal, as appropriate]
technician as required by 40 CFRpart 82, subpart F "
6. [] [] Does the facility purchase refrigerants?
If question 6 is YES, record the name and address of the refrigerant supplier and the type and quantity of refrigerant
purchased during the last 3 years.
View the refrigerant storage area and record the type(s) and quantityfles) ofrefrigerant(s) found in facility storage.
608 F*ciliry Check List
P»ge I of 5
-------
Yes No
7. [ ] [ ] Does the facility send used refrigerant to a reclamation facility?
If question 7 is YES, record the name and address for the refrigerant reclamation facility and the type and quantity of
refrigerants reclaimed during the last 3 years.
8. [ ] [ ] Have any refrigerant retrofits taken place (by employee or contractor)'!
If question 8 is YES, record the following for each alternative refrigerant used original refrigerant type and quantity
and alternative refrigerant type and quantity. Was a new refrigerant label installed on the equipment? Who performed
the retrofit? (employee or contractor)
9. [ J [] Does any of the refrigerant equipment types checked in question 1 contain more than 50 pounds
of refrigerant?
If question 9 is YES, record the following for each unit containing more than 50 pounds of refrigerant: the location,
company designation, manufacturer, model #, serial ftfrom name plate, refrigerant type, refrigerant charge and method
used to determine full charge. Use the equipment inventory sheet or obtain copy from Owner.
10. [ ] [ ] Does the facility keep all maintenance records on all 50+ pound units?
11. [ ] [ ] Does that facility calculate the leak rate on all 50+ pound units? NOTE: The leak rate that
triggers mandatory repairs is 15% Comfort & Other and 35% for Industrial Process &
Commercial in a 12 month period,
12. [ ] [ ] Are leaks above the allowable leak rate repaired within 30 days? or 120 days if an industrial
process shut down is required?
Review service invoices/service records to verify leak rate calculations and repair dates. Make copies as needed.
13. f] [] If leak repairs have been conducted, was an initial verification test conducted. INDUSTRIAL
PROCESS ONLY.
14. [ ] [ ] If leak repairs have been conducted, was a follow-up verification test conducted within 30 days
of the successful initial verification test? INDUSTRIAL PROCESS ONLY.
15. [ ] [ ] If no repairs were conducted or repairs failed, was a retrofit or retirement plan prepared and
available for review?
COPIES
• If any technician is not EPA certified or improperly certified, make a copy of at least 1 record that shows the
uncertified or improperly certified technician performing work involving the refrigerant.
• If any no answer in questions 10, 11, 12, 13, 14, and it is a reasonable amount, make a copy of available
maintenance records for each 50+ pound unit receiving a No answer.
* Make a copy of any retrofit or retirement plan.
* Make copies of refrigerant equipment disposal records
* Make copies of any small appliance disposal records
• Obtain name of appliance disposal company & contact information
60S Facility Oieck Lisi fife 2 of 5 10/27/98
-------
Refrigerant Equipment Inventory
Unit Designation:
Location:
Manufacturer:
Model #:
Serial #:
Refrigerant:
Charge:
Duty:
Unit Designation:
Location:
Manufacturer:
Model #:
Serial #:
Refrigerant:
Charge:
Duty:
Unit Designation:
Location:
Manufacturer:
Model #:
Serial #:
Refrigerant:
Charge:
Duty:
Unit Designation:
Location:
Manufacturer:
Model f :
Serial*:
Refrigerant:
Charge:
Duty:
Unit Designation:
Location:
Manufacturer:
Model #:
Serial*:
Refrigerant:
Charge:
Duty:
Unit Designation:
Location:
Manufacturer:
Model #:
Serial*:
Refrigerant:
Charge:
Duty:
60S Facihrv Check Us»
P»fe3ofS
10/27/91
-------
Recovery/Recycle Equipment Inventory
Recovery
Equipment:
Manufacturer:
Model #:
Serial #:
Refrigerant types:
Approval;
Recovery
Equipment:
Manufacturer:
Model #:
Serial #:
Refrigerant types:
Approval:
Recovery
Equipment:
Manufacturer:
Model #:
Serial #:
Refrigerant types:
Approval:
Recovery
Equipment:
Manufacturer:
Model #:
Serial #:
Refrigerant types:
Approval:
Recovery
Equipment:
Manufacturer:
Model #:
Serial #:
Refrigerant types:
Approval:
Recovery
Equipment:
Manufacturer:
Model #:
Serial #:
Refrigerant types:
Approval:
60S Facility Check List
Page 4 of 5
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Technician Certification Information
Technician Name:
Certification Level:
Identification
Number:
Testing Agency:
Technician Name:
Certification Level:
Identification
Number:
Testing Agency:
Technician Name:
Certification Level:
Identification
Number:
Testing Agency:
Technician Name:
Certification Level:
Identification
Number:
Testing Agency:
Technician Name:
Certification Level:
Identification
Number:
Testing Agency:
Technician Name:
Certification Level:
Identification
Number:
Testing Agency:
Technician Name:
Certification Level:
Identification
Number:
Testing Agency:
Technician Name:
Certification Level:
Identification
Number:
Testing Agency:
608 Facility Check Lisi
Page 5 of5
10/27/98
-------
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United States
Environmental Protection
Agency
Office of Mr and Radiation
Stratospheric Protection Division
6205J
Commercial Refrigeration
Definition of sector: This sector includes the refrigeration appliances utilized in retail food and cold storage
warehouses, including: supermarkets; convenience stores; restaurants; and storage facilities for meat, dairy,
and other perishable items.
General requirement: Typically, these units have charges of more than 75 pounds of refrigerant and are
subject to the general required practices requirements as well as the leak repair requirements. For
commercial refrigeratioa, the leak repair requirements require that either the leaks are repaired within thirty
days from the date the leak was discovered, or within 30 days a dated retrofit/retirement plan is developed
with all actions under that plan completed within one year from the plan's date. Unlike with the industrial
process refrigeration sector, additional time is not available except where the unit has been "system
mothballed." The trigger rate for the leak repair and retrofit/retirement requirements is the point at which the
system would release 35 percent or more of the refrigerant charge during a 12-month period.
Applicable regulations: The requirements are contained in the regulations promulgated under §608 of
CAAA at 40 CFR Part 82 Subpart F, with specific servicing requirements at §82.1S6 including the leak
repair requirements at §82.156(i), technician certification requirements at §82.161, and recordkeeping and
reporting requirements at §82,166.
Additional Available information: sector-specific fact sheets, Inspector's Checklist
Examples of potential violations: failure to employ properly certified technicians for refrigerant recovery,
failure to use certified equipment for refrigerant recovery, failure to repair substantial leaks, failure to
retrofit or retire equipment properly
-------
Inspection Checklist - Commercial Refrigeration (CAA §608)
Yes No
1, [ ] [ ] Does the facility have commercial refrigeration units with CFC and/or HCFC charges
of 50 pounds or greater?
2. [] [] Does the facility service, maintain, or repair this refrigeration equipment with
company employees? If no, go to question number 4.
3. [] [] Do all service technicians have EPA-approved technician certification (at least Type
2)? NOTE: Approved 608 technician certifications contain the following language,
"[Name of person has been certified as a [Type I, Type II, Type HI, and/or Universal,
as appropriate] technician as required by 40 CFR part 82, subpart F. "
4, [ ] [ ] Does the facility keep all maintenance records on all 50+ pound units?
5. [] [] Does that facility calculate the leak rate on ail 50+pound units? NOTE: The leak
rate that triggers mandatory repairs is 35% in a 12-month period.
6. [ ] [ ] Are leaks above the allowable leak rate repaired within 30 days?
7. [ ] [ ] If no repairs were conducted or repairs failed, was a retrofit or retirement plan
prepared and available for review?
8. [] [] Does the company own refrigerant recovery equipment?
9. [] [] Has the company submitted to EPA a recovery equipment certification form?
NOTE: Ask to the see a file copy.
COPIES
If any technicians are not EPA certified for 608, make a copy of at least 1 record that shows the
technician performing work involving the refrigerant.
If any "No" answer in questions 4,6, 8, and its a reasonable amount, make a copy of any available
maintenance records for each 50+ pound unit receiving a "No" answer.
Make a copy of any retrofit or retirement plan.
-------
United States Office of Air and Radiation
Environmental Protection Stratospheric Protection Division
Agency 6205J
Industrial Process Refrigeration Equipment
Definition of sector: This sector includes the owners and operators of complex customized appliances used
in the chemical, pharmaceutical, petrochemical and manufacturing industries, as well as electric generation,
industrial ice machines, and ice rinks.
General requirement: The general requirements are to follow service practices that maximize recovery and
recycling during the service and disposal of appliances applies to industrial process refrigeration equipment.
Persons servicing or disposing of this equipment must be properly certified, certified equipment and
required service practices must be used, and since almost all of these appliances normally contain more than
50 pounds of refrigerant, specific leak repair requirements have been established. Leak repair requirements
require that owners or operators must either repair leaks within thirty days from the date the leak was
discovered, or develop a dated retrofit/retirement plan within thirty days and complete actions under that
plan within one year from the plan's date. However, under certain circumstances, additional time may be
available. In some cases, the same system may be used as both industrial process refrigerant equipment and
comfort-cooling equipment. If at least 50 percent of an appliance's capacity is used in an industrial process
refrigeration application, the appliance is considered industrial process refrigeration equipment and the
trigger rate for repairing leaks is 35 percent.
Applicable regulations: The requirements are contained in the regulations promulgated under §608 of
CAAA at 40 CFR Part 82 Subpart F, with specific servicing requirements at §82.156 including the leak
repair requirements at §82.156(i), technician certification requirements at §82.161, and record keeping and
reporting requirements at §82.166 including the leak repair requirements at §82.166(n) and (o).
Additional Available information: sector-specific fact sheets, Compliance Guidance For Industrial Process
Refrigeration Leak Repair Regulations Under Section 608 Of The Clean Air Act, Self-Audit Checklist For
Industrial Process Refrigeration Leak Repair Regulations Under Section 608 Of The Clean Air Act, and
Training Module For Industrial Process Refrigeration Leak Repair Regulations Under Section 608,
Inspector's Checklist; Applicability Determinations.
Examples of potential violations: failure to employ properly certified technicians for refrigerant recovery,
failure to use certified equipment for refrigerant recovery, failure to repair substantial leaks, failure to
retrofit or retire equipment properly, failure to submit information regarding leak repair or retrofit/retirement
requirements
-------
Inspection Checklist - Industrial Process Refrigeration (CAA §608)
Yes No
1. [ ] [ ] Does the facility have industrial process refrigeration units with CFC and/or HCFC
charges of 50 pounds or greater?
2, [ ] [ ] Does the facility service, maintain, or repair this refrigeration equipment with
company employees? If no, go to question number 4.
3. [ ] [ ] Do all service technicians have EPA approved technician certification? NOTE;
Approved 608 technician certifications contain the following language, "[Name of
person] has been certified as a [Type I, Type II, Type III, and/or Universal, as
appropriate] technician as required by 40 CFR part 82, subpart F. "
4. [ ] [ ] Does the facility keep all maintenance records on all 50+ pound units?
5, [ ] [ ] Does that facility calculate the leak rate on all 50+ pound units? NOTE: The leak
rate that triggers mandatory repairs is 35% in a 12-month period.
6. [ ] [ ] Are leaks above the allowable leak rate repaired within 30 days, or 120 days if an
industrial process shut down is required?
7. [ ] [ ] If leak repairs have been conducted, was an initial verification test conducted befor
refrigerant was recharged into the system?
8. [ ] [ ] If leak repairs have been conducted, was a follow-up verification test conducted
within 30 days of the successful initial verification test?
9. [ ] [ ] If no repairs were conducted or repairs failed, was a retrofit or retirement plan
prepared and available for review?
10, [ ] [ ] Does the company own refrigerant recovery equipment?
11. [ ] [ ] Has the company submitted to EPA a recovery equipment certification form?
NOTE: Ask to the see a file copy.
COPIES
• If any technicians are not EPA certified for 608, make a copy of at least 1 record that shows the
technician perforaiing work involving the refrigerant.
• If any no answer in questions 4,6,7, 8, and it's a reasonable amount, make a copy of available
maintenance records for each 50+ pound unit receiving a "No" answer.
* Make a copy of any retrofit or retirement plan.
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Refrigerant Leak Repair Flow Chart
The following flow chart is divided into six pages, and is constructed so that it may be viewed as
a whole by placing the pages in the arrangement shown below.
Pagel
Page 2
Page 3
Page 4
PageS
Page 6
Where appropriate, the flow chart includes references to 40 CFR from which the statements in
the boxes are derived.
-------
-------
Refrigerant Leak Repair Flow Chart
Page 1 of 6
Go to pg, 2
Syncm a outside the scope of
this rule No KSon required
«2.1S«(IX5)I
Trrgjer leak rue u
IKJSSflXSM
Caamtniat, Comfort AC^
Mte*MWI>rac*t*
towvtfan
Opfrort
Opban
Repair leaks sufficiem to lower
teakniebelowlSSBmualry
(35% for ootmncrci*!) wahm
[•2.1560X1), C-1S4W5)*
Develop, within 30 diyi of leak
dtscovtfy*, • OK-yw iitrolltor
plnforthckaltiaf
wM^i IHBI fw s
C «•* )
CompteBpUnwJtJiiD
oneyorofptaditt.*
Opfeon
Develop, within 30 dlys of
kak diicovery*, a one-year
rcffoiit or tct^tnoB pin Aar
ihclertagiynem. Keep plan
(or • legible copy) o
oftheecuipmeaL
«e tauponrity snspaidnd
if te tyitem Is mottbtlted. |SU5«{IK10), SX1S2]
T
Gotopg. 4
-------
Retrofit/Retire
from pg. 1
^
Determine the total time all
of leaking refrigeration cqm
the three pathways belo
1
Custom Built/Critical ~"
Component Path
(Palh 1)
owed for retrofit/retirement
pment by following each of
w which is applicable."
' b
Go to pg. 3 for
PjsfrfriAranf J
H
B
Other t
I Mnra
Retrofit/Retire
from pg. 6 via pg. 3
tegs/Unsuitable
than 9 Ymarv
Is a custom-built system
required?
Needed Pathways
Yes
Maximum time of 205
year from ins plan's date
allowed for
retrofit/replacement
unless additional time
allowed from a different
pathway.
Is quoted delivery for any critical
component > 30 weeks from
when order is placed?
I82.1S63 5% leak discovery
[82.I56{i){7)(iiKOl
Maintain records adequate to determine unit
is custom built and quoad delivery for
critical components >30 weeks.
Additional one-year period beyond initial
one-year period allowed for
retro fit/retirement.
|82.156(IX7)J
If you have not already done so, follow the
other applicable pathways to determine the
total amount of time allowed for
retrofit/retirement activities.
If the estimated completion date previously
submitted under 82.166(0) must be extended,
notify EPA within 30 days of discovering the need
for the change. Submit the reason and the new
completion date.
[82.166(0)1
Complete the retrofit or retirement work
within the total time allowed.
[82.1560X6) 482.156(0(7)1
.Contfnue.
Other
Regs/Unsuitable
Refrigerant
& More than
2 years Needed
Pathways
from pg. 3
*MflK: All time-related requirements for repairing, retrofitting, or retiring a leaking system are temporarily suspended
if the system is mothballed. [82,156, 82.152)
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Page 3 of 6
Go to pg. 2_
H
RttrofiV
Rttin
from pg, 2
O&>er Regs or Unsuitable
Reptacmmmrit Rtfrigomnt
Path (Path 2)
Morm than Two Years Needed
for R«trofife'R*ffrw7»tflf
Path ft>stt> 3)
Do other regulations require
delays and/or is a suitable
replacement refrigerant with
lower OOP unavailable?
I82.I56(iM7)(i)]
Notify EPA of die need for additional
tine along with the records necessary to
allow EPA to determine thai delays
occasioned by otter regulations and/or
due to the unavulib ilirv of a suitable
refrigerant apply per 8-.166tor
Notification and ttcafdt mnsl be
submitted within 6 months liter Ac
30-day period foltpwinf the >|S% leak
discovery.
Mjcumurr.cmc
ofone veir
tea the piss's
due allowed
unless
additjonil time
allowed from a
different
pathway
Additional time, o> the extent
reasonably necessary, is allowed unless
EPA objects. EPA will notify of its
determination within 60 days of
submittal.
[82.1S6(iM7Xi)I
Was an additional year
received via Path 1 and still
naifi time is needed?
Maximum time
of iwo years
uinn fi^ plans
dii£ allowed
unless
additional tine
allowed from a
different
pathway.
Before completing the end of the 9th
month of the first additioBai vear.
submit a request to EPA per
82 166(0) us further extend the
deadline for completing
reffofitfretirenient activities.
Extension is automatically granted
unless EPA objects within 30 days of
receipt.
ff&fit ffjj* 9
-------
"age 4 of S
1
D
Leak Repair
from pg. f
s an industrial process
shutdown needed to repair
leaks?
[82.156|
Are necessary teak repair pars
unavailable or ste other regulations
make a repair within 30/120 days
impossible?
[S2.156(0(2Mi)l
Go io pg. 5
1
r
Notify EPA within 30 days of
this determination per 82.l66(n)
(82.156(iX2)]
Retrofit or retirement
required,
|82.1S6(i»(3Kii)|
Conduct all necessary repairs, if any, thai do not
require tine beyond 30/120 days. Once pans
received or regulations complied with, conduct
remaining repairs within remaining time of
original 30.'120-day repair penod.
82,15fi0X2>
Additional time is allowed (only what is
necessary) to receive parts or comply with
regulations. Document all repair efforts.
(§2.156(0© & t2.I56(i)f2Mi)i
Conduct initial verfieation testing at the
conclusion of the repair effort (and prior to
replacement of the refrigerant, if evacuated).
If offline, system may not be brought back
on line until test(s) are successful.
[8X152,82.156(1X3), * 82.156(4X3X01
Re-verify success of leak repairs by conducting
vgf|fig^||oji tgst^s) it normal opersrixig
** withm 30 days of coiftpictixtg repairs
testing indicate
leak(s) were successfully
repaired?
if off line, system may be
brought back on line, but retrofit
OF retirement
System automatically
follow-up verification test
I8Z1S60X3MIH
" The follow-up verification lest may be conducted pnor to achievmg normal operating conditons in tome circ
See f^ E-3 of the guidance document for details.
-------
Page 5 of 6
Leak(s) not successfully
repaired during first repair
effort.
(from pg. 4}
) ai the
Within 30 days of failed fol!ow-up verification test
1 ) Notify EPA that verification test was failed per SI, 166f n|; iM,
2) Develop a one-year retrofit/retirement plan. Keep plan lor a legible cop
site of the equipment.
Choose one or more of the options below. Two opt/ons, if successfully
taken, may relieve the obligation to retrofit or retire.*"
(SZ156CiM3Mii), 82.156{iM3Miii» & 82.
Reiieffrom Retrofit/Retirement:
2nd Repair Efforts Option
Repair :ime leaks subject» first repair efforts
within 30 dtys of the Mled follow-up
verification test (S 20 days if industrial process
shutdown is required). An unlimited number of
repair attempts is permitted within the allowed
time,
IS2.15$(iK3Ki»»I
Go to pg. 6 for
180-day Verification or
Retrofit/Retirement
Options
Conduct initial verfieation testinf at the conclusion of
the repair effort (and prior to replacement of the
refrigerant, if evacuated.) If off line, system may not be
brought back on line until test(s) are successful.
testing indicate
leak(s) were successfully
repaired?
J*2,156(fM3Xi)l
Re-verify success of leak
repairs by conducting follow-up
verificMton testfs) iinorsnal
ofjeraang conditions"* within
30 days of completing repairs or
bringing the system back
on-line.
[82.152 & 8:.lS6(i)(3)|
s testing indicate
were successfully
repaired?
If off line, system may
be brought bade OB tine.
Retrofit or rcuicmcnt is
still required
Notify EPA within 30 days of
successful verification per
S2.166(a), Obligation to
retrofitfrenre is relieved,
[S2.156(i>(3Miv)!
See pg. E-3 of the guidance document for deals.
60 to pg. 6
"°* IMPORTANT NOTE: The deadline for completing a retrofit or retirement and the deadline for requesting an extension if more than one year is
needed to ntTDfilcrrvtov an both based on the date of the failed verification test from the You should be aware of these
deadlines and mala appropriate provisions if you intend to attempt one or both of the opOons to be relieved of the obligation to retrofit or retire and
I are ultmatety unsuccessful.
-------
Page 6 of 6
follow the arrows
around pg. 3 to
PS- 2
1
H
180-day Verification Option
Retrofit/Retirement Option
In notification of failed verification test front initial
repair efforts, notify EPA of parameters to be used
for establishing leak rate is less thin 35%
Parameters an acceptable unless EPA objects
wMita 10 days of receipt of nouce
fS2.15*(i)«I
Retrofit or retire the leaking
equipment within one year of the
plan's dait Proceed through the
remainder of the flow chart to
determine if time beyowl one
yetr is penntned.
Determine leak rate of sysietn using
acceptable pirarnetcrs within ISO days
of failed follow-up verification test
from first repair efforts.
|«U5«iM3)(v)|
180-Day
Verification
Verification test
indicates leak(s) not
successfully repaired,
(from pg. 5)
Notify EPA of determination within
30 days per 82.166(0).
Obligation to retrofit/replace is
relieved.
Jtetrofit/Retirement,
-------
CHAPTER FOUR
MVAC INSPECTION CHECKLIST
24
-------
-------
MVAC Inspection Checklist
1. Facility Name:
2, Facility Address:
3.
4.
5.
6,
Name of Owner/Operator:
8,
9.
10.
11.
12,
13.
Name and Title of Person in Charge:
Telephone Number of Person in Charge:
Facility setting (check ail that apply):
Industrial Rural Suburban
Facility Description:
Regional/National Service Chain
Independent Shop
Fleet Garage
Does this facility service MVACs?
What kind of MVAC service is performed?
Urban
Dealership
Filling Station
. Other
Yes No
top-off only more than top-off
How did the facility find out about EPA's requirements?
Fact Sheet EPA web site EPA hotline
Trade Association Word of Mouth Articles
Technician training Did not know about requirements
Other
Where does the facility purchase refrigerants?
List all refrigerants that the facility uses:
Where does the facility send used refrigerant for reclamation?.
14. A, Does the facility have a refrigerant identifier? Yes
B. If No, what method is used to identify contaminated refrigerants?
No
25
-------
15. How many recover-only and recover-recycle devices does the facility have?
16, Record the name, model number, date purchased and rated refrigerants of each unit:
17. Does the facility have equipment dedicated to each refrigerant used? Yes No
18. A. Has the facility submitted to EPA the equipment owner's certification? Yes No
B. Did the company keep a copy for their own files? Yes No
19, How many facility technicians perform MVAC service?
20. Using copies of the technician certifications, record the names and training programs of all MVAC
technicians:
21. Does the facility perform service with and/or retrofits to alternative refrigerant?
Yes No
22. A. Does the facility have in stock the following for each alternative (HFC-134a or a blend) used:
Unique service fittings Yes No
Permanent labels Yes No
Barrier Hoses (required only for btends that contain R-22) Yes No
Compressor Shutoff Switch (required only for A/C systems that include a high-pressure cut-off switch)
Yes No
B. Provide more detail on all NO answers in question 22A:
23. A. Has any of the recovery/recycling equipment been converted to alternative refrigerant service
Yes No
26
-------
B. If Yes, are unique service fittings permanently attached? Yes Nc
24. A. Does the facility use HC-12a®, OZ-12®, EC-12a, Duracool-12a or any other flamma:
ants?
Yes No
B. If Yes, which ones:
25. Characterize the condition of the facility's service invoices:
Records have all information available
Records have only a few missing items
Records are lacking most required information
26. If the facility has recover-only equipment, how many pounds of refrigerant(s) have been
off-site for reclamation? (Include the number of reclamation receipts used to determine :
amount.)
27. A. If the facility performs refrigerant retrofits (question 21), do retrofit service invoices inc :
evacuation of old refrigerant and installation of unique fittings, labels and/or barrier hoses
Yes No
B. If No, make copies of retrofit invoices missing any of this information.
28. If the facility does not have recovery/recycling equipment for all refrigerants serviced (qu=
15), make copies of any invoices for MVAC service.
29. If the facility has a file copy of the equipment certification form (question 18B), make ace:
30. If the facility has any technicians who are not certified (questions 19 and 20), make copies
any invoices for MVAC service involving that technician.
31. Inspector's Name:
32. Inspection Date: _
33. Time of Inspection:
34. Inspector Signature:
-------
-------
United State* Office of Air end Radiation
Environmental Protection Stratospheric Protection Division
Agency 6205J
General 608 Facility Inspection Checklist
Industrial Process Refrigeration, Comfort Cooling,
Commercial and Other Refrigeration
ALL FACILITIES
I.
Yes
[]
No
[]
2a,
2b.
3,
4.
Does the facility own or operate any of the following refrigerant equipment types. If yes to any,
the facility is subject to 608,
[ ] Comfort cooling
[ ] Industrial Process Refrigeration
[ ] Small appliances < 5 pounds
[ ] MVAC (use 609 checklist)
[ ] Other Refrigeration
[ ] Commercial Refrigeration
[ ] Trucks, buses, trains or planes with R-22
Does the facility service, maintain, or repair appliances and equipment involving refrigerant
wirtt company employees? If no, record the name and address of the refrigerant service
contractors).
Describe the method the facility uses to keep refrigerant related records,
Paper records (organized or disorganized), purchased software program (in use or partially
implemented), name of supplier, in-house spreadsheet or database (in use or partially
implemented), name of program.
Does the facility own refrigerant recovery equipment?
If question 2 is NO, and certified technicians are not employed, ask why facility has recovery
unit.
Has the company submitted to EPA a recovery equipment certification form? NOTE: Ask to
the see a file copy.
For each piece of recovery equipment, record the manufacturer's name, the model and serial numbers, the rated
refrigerants and any UL, ARI or ETL approvals.
Request the names of all individuals who have performed any refrigerant service, maintenance or repairs on appliances
and refrigerant containing equipment.
5. [] [] Do all service technicians have EPA approved technician certification? 609 certification is good
for MVACs and trucks and buses wMiout R-22, and 608 certification is for all others.
NOTE: Approved 608 technician certifications contain the following language, "[Name of
person] has been certified as a [Type I, Type II, Type III, and/or Universal, as appropriate]
technician as required by 40 CFRpart 82, subpart F "
6. [] [] Does the facility purchase refrigerants?
If question 6 is YES, record the name and address of the refrigerant supplier and the type and quantity of refrigerant
purchased during the last 3 years.
View the refrigerant storage area and record the type(s) and quantity(ies) of refrigerants) found in facility storage.
60S Facility Check List
Page I of5
-------
Yes No
7. [ ] [ ] Does the facility send used refrigerant to a reclamation facility?
If question 7 is YES, record the name and address for the refrigerant reclamation facility and the type and quantity of
refrigerants reclaimed during the last 3 years.
8, [ ] [ ] Have any refrigerant retrofits taken place (by employee or contractor)!
If question 8 is YES, record the following for each alternative refrigerant used: original refrigerant type and quantity
and alternative refrigerant type and quantity. Was a new refrigerant label installed on the equipment? Who performed
the retrofit? (employee or contractor)
9. [ ] [ ] Does any of the refrigerant equipment types checked in question 1 contain more than 50 pounds
of refrigerant?
If question 9 is YES, record the following for each unit containing more than 50 pounds of refrigerant: the location,
company designation, manufacturer, model #, serial # from name plate, refrigerant type, refrigerant charge and method
used to determine full charge. Use the equipment inventory sheet or obtain copy from Owner.
10, [ ] [ ] Does the facility keep all maintenance records on all 50+ pound units?
11. [ ] [ ] Does that facility calculate the leak rate on all 50+ pound units? NOTE: The leak rate that
triggers mandatory repairs is 15% Comfort & Other and 35% for Industrial Process &
Commercial in a 12 month period.
12, [] [] Are leaks above the allowable leak rate repaired within 30 days? or 120 days if an industrial
process shut down is required?
Review service invoices/service records to verify leak rate calculations and repair dates. Make copies as needed.
13. [ ] [ ] If leak repairs have been conducted, was an initial verification test conducted. INDUSTRIAL
PROCESS ONLY.
14. [ ] [ ] If leak repairs have been conducted, was a follow-up verification test conducted within 30 days
of the successful initial verification test? INDUSTRIAL PROCESS ONLY.
15. [ ] [ ] If no repairs were conducted or repairs failed, was a retrofit or retirement plan prepared and
available for review?
COPIES
» If any technician is not EPA certified or improperly certified, make a copy of at least 1 record that shows the
uncertified or improperly certified technician performing work involving the refrigerant.
* If any no answer in questions 10, 11, 12, 13, 14, and it is a reasonable amount, make a copy of available
maintenance records for each 50+ pound unit receiving a No answer.
« Make a copy of any rettofit or retirement plan.
* Make copies of refrigerant equipment disposal records
* Make copies of any small appliance disposal records
* Obtain name of appliance disposal company & contact information
608 Facility Check List Page 2 of 5 10/27/98
-------
Refrigerant Equipment Inventory
Unit Designation:
Location:
Manufacturer:
Model #:
Serial #:
Refrigerant:
Charge;
Duty:
Unit Designation:
Location:
Manufacturer:
Model #:
Serial #:
Refrigerant:
Charge:
Duty:
Unit Designation:
Location:
Manufacturer:
Model #:
Serial #:
Refrigerant:
Charge:
Duty:
Unit Designation:
Location:
Manufacturer
Model #:
Serial*:
Refrigerant:
Charge:
Duty:
Unit Designation:
Location:
Manufacturer:
Model #:
Serial i:
Refrigerant:
Charge:
Duty:
Unit Designation:
Location:
Manufacturer:
Model f:
Serial*:
Refrigerant:
Charge:
Duty:
«W Facility Check Lisi
10/27/9*
-------
Recovery/Recycle Equipment Inventory
Recovery
Equipment
Manufacturer:
Model #:
Serial #:
Refrigerant types:
Approval:
Recovery
Equipment:
Manufacturer:
Model #:
Serial #:
Refrigerant types:
Approval:
Recovery
Equipment:
Manufacturer:
Model #:
Serial f :
Refrigerant types:
Approval:
Recovery
Equipment:
Manufacturer:
Model #:
Serial #:
Refrigerant types:
Approval:
Recovery
Equipment:
Manufacturer:
Model #:
Serial #:
Refrigerant types:
Approval:
Recovery
Equipment:
Manufacturer:
Model #:
Serial #:
Refrigerant types:
Approval:
60S Facility Check List
Page 4 of5
10/27/98
-------
Technician Certification Information
Technician Name:
Certification Level:
Identification
Number:
Testing Agency:
Technician Name:
Certification Level:
Identification
Number:
Testing Agency:
Technician Name:
Certification Level:
Identification
Number:
Testing Agency:
Technician Name:
Certification Level:
Identification
Number:
Testing Agency:
Technician Name:
Certification Levei:
Identification
Number:
Testing Agency:
Technician Name:
Certification Level:
Identification
Number:
Testing Agency:
Technician Name:
Certification Levei:
Identification
Number:
Testing Agency:
Technician Name:
Certification Level:
Identification
Number:
Testing Agency:
608 Facility Check List
Page 5 of5
10/27/98
-------
-------
United States
Environmental Protection
Agency
Office of Air and Radiation
Stratospheric Protection Division
6205J
Commercial Refrigeration
Definition of sector: This sector includes the refrigeration appliances utilized in retail food and cold storage
warehouses, including: supermarkets; convenience stores; restaurants; and storage facilities for meat, dairy,
and other perishable items.
General requirement: Typically, these units have charges of more than 75 pounds of refrigerant and are
subject to the general required practices requirements as well as the leak repair requirements. For
commercial refrigeration, the leak repair requirements require that either the leaks are repaired within thirty
days from the date the leak was discovered, or within 30 days a dated retrofit/retirement plan is developed
with all actions under that plan completed within one year from the plan's date. Unlike with the industrial
process refrigeration sector, additional time is not available except where the unit has been "system
mothballed." The trigger rate for the leak repair and retrofit/retirement requirements is the point at which the
system would release 35 percent or more of the refrigerant charge during a 12-month period.
Applicable regulations: The requirements are contained hi the regulations promulgated under §608 of
CAAA at 40 CFR Part 82 Subpart F, with specific servicing requirements at §82.156 including the leak
repair requirements at §82.l56(i), technician certification requirements at §82.161, and recordkeeping and
reporting requirements at §82.166.
Additional Available information: sector-specific fact sheets, Inspector's Checklist
Examples of potential violations: failure to employ properly certified technicians for refrigerant recovery,
failure to use certified equipment for refrigerant recovery, failure to repair substantial leaks, failure to
retrofit or retire equipment properly
-------
Inspection Checklist - Commercial Refrigeration (CAA §608)
Yes No
1. [] [] Does the facility have commercial refrigeration units with CFC and/or HCFC charges
of 50 pounds or Beater?
2. [ ] [ ] Does the facility service, maintain, or repair this refrigeration equipment with
company employees? If no, go to question number 4.
3. [ ] [ ] Do all service technicians have EPA-approved technician certification (at least Type
2)? NOTE: Approved 608 technician certifications contain the following language,
"[Name of person has been certified as a [Type I, Type II, Type III, and/or Universal,
as appropriate] technician as required by 40 CFR part 82, subpart F. "
4. [ ] [ ] Does tiie facility keep all maintenance records on all 50+ pound units?
5. [ ] [ ] Does that facility calculate the leak rate on all 50+ pound units? NOTE: The leak
rate that triggers mandatory repairs is 35% in a 12-month period.
6. [ ] [ ] Are leaks above the allowable leak rate repaired within 30 days?
7. [] [] If no repairs were conducted or repairs failed, was a retrofit or retirement plan
prepared and available for review?
8. [ ] [ ] Does the company own refrigerant recovery equipment?
9, [ ] [ ] Has the company submitted to EPA a recovery equipment certification form?
NOTE: Ask to the see a file copy.
COPIES
If any technicians are not EPA certified for 608, make a copy of at least 1 record that shows the
technician performing work involving the refrigerant.
If any **No" answer in questions 4,6, 8, and its a reasonable amount, make a copy of any available
maintenance records for each 50+ pound unit receiving a "No" answer.
Make a copy of any retrofit or retirement plan.
-------
United States Office of Air and Radiation
Environmental Protection Stratospheric Protection Division
Agency 6205J
Industrial Process Refrigeration Equipment
Definition of sector; This sector includes the owners and operators of complex customized appliances used
in the chemical, pharmaceutical, petrochemical and manufacturing industries, as well as electric generation,
industrial ice machines, and ice rinks.
General requirement: The general requirements are to follow service practices that maximize recovery and
recycling during the service and disposal of appliances applies to industrial process refrigeration equipment.
Persons servicing or disposing of this equipment must be properly certified, certified equipment and
required service practices must be used, and since almost all of these appliances normally contain more than
50 pounds of refrigerant, specific leak repair requirements have been established. Leak repair requirements
require that owners or operators must either repair leaks within thirty days from the date the leak was
discovered, or develop a dated retrofit/retirement plan within thirty days and complete actions under that
plan within one year from the plan's date. However, under certain circumstances, additional time may be
available. In some cases, the same system may be used as both industrial process refrigerant equipment and
comfort-cooling equipment If at least 50 percent of an appliance's capacity is used in an industrial process
refrigeration application, the appliance is considered industrial process refrigeration equipment and the
trigger rate for repairing leaks is 35 percent
Applicable regulations: The requirements are contained in the regulations promulgated under §608 of
CAAA at 40 CFR Part 82 Subpart F, with specific servicing requirements at §82.156 including the leak
repair requirements at §82.156(i), technician certification requirements at §82.161, and record keeping and
reporting requirements at §82.166 including the leak repair requirements at §82.166(n) and (o),
Additional Available information: sector-specific fact sheets, Compliance Guidance For Industrial Process
Refrigeration Leak Repair Regulations Under Section 608 Of The Clean Air Act, Self-Audit Checklist For
Industrial Process Refrigeration Leak Repair Regulations Under Section 608 Of The Clean Air Act and
Training Module For Industrial Process Refrigeration Leak Repair Regulations Under Section 608,
Inspector's Checklist; Applicability Determinations.
Examples of potential violations: failure to employ properly certified technicians for refrigerant recovery,
failure to use certified equipment for refrigerant recovery, failure to repair substantial leaks, failure to
retrofit or retire equipment properly, failure to submit information regarding leak repair or retrofit/retirement
requirements
-------
Inspection Checklist - Industrial Process Refrigeration (CAA §608)
Yes No
1. [ ] [ ] Does the facility have industrial process refrigeration units with CFC and/or HCFC
charges of 50 pounds or greater?
2. [ ] [ ] Does the facility service, maintain, or repair this refrigeration equipment with
company employees? If no, go to question number 4.
3. [] [] Do all service technicians have EPA approved technician certification? NOTE:
Approved 608 technician certifications contain the following language, "[Name of
person] has been certified as a [Type I, Type II, Type III, and/or Universal, as
appropriate] technician as required by 40 CFRpart 82, subpart F. "
4. [ ] [ ] Does the facility keep all maintenance records on all 50+ pound units?
5. [ ] [ ] Does that facility calculate the leak rate on all 50+ pound units? NOTE: The leak
rate that triggers mandatory repairs is 35% in a 12-month period.
6, [ ] [ ] Are leaks above the allowable leak rate repaired within 30 days, or 120 days if an
industrial process shut down is required?
7. [ ] [ ] If leak repairs have been conducted, was an initial verification test conducted befor
refrigerant was recharged into the system?
8. [ ] [ ] If leak repairs have been conducted, was a follow-up verification test conducted
within 30 days of the successful initial verification test?
9. [ ] [ ] If no repairs were conducted or repairs failed, was a retrofit or retirement plan
prepared and available for review?
10, [ ] [ ] Does the company own refrigerant recovery equipment?
11. [] [] Has the company submitted to EPA a recovery equipment certification form?
NOTE: Ask to the see a file copy.
CQEIES
• If any technicians are not EPA certified for 608, make a copy of at least 1 record that shows the
technician performing work involving the refrigerant.
• If any no answer in questions 4,6,7,8, and it's a reasonable amount, make a copy of available
maintenance records for each 50+ pound unit receiving a "No" answer.
» Make a copy of any retrofit or retirement plan.
-------
Refrigerant Leak Repair Flow Chart
The following flow chart is divided into six pages, and is constructed so that it may be viewed as
a whole by placing the pages in the arrangement shown below.
Pagel
Page 2
PageS
Page 4
PageS
Page 6
Where appropriate, the flow chart includes references to 40 CFR from which the statements in
the boxes are derived.
-------
-------
Refrigerant Leak Repair Flow Chart
Page 1 of 6
System is outside the scope of
the rale. No town required
End
Tngjer leak me u
15% annually.
Gofopg. 2
Repair leaks nifficiem to lower
le»kmt below 15% aaniully
(35% for conanero*!) wahin
Oevetop, wnhin 30
-------
Retrofit/Retire
from pg. 1
»-
A
Determine the total lime allowed for retrofit/retirement
of leaking refrigeration equipment by following each of
the three pathways below which is applicable *
+
4-
Custom Built/Critical ""* r r
Component Path Go to pg. 3 for
(paih v »««™ran*
H
B
Other F
I Unra
4,-
RetrofiVRetire
from pg. 6 via pg. 3
tegs/Unsuitable
than 9 Veai-*
Is a custom-built system
required?
Needed Pathways
Yes
Maximum time of am.
year from ths plan's date
allowed for
retrofit/replacement
unless additional time
allowed from a different
pathway.
Is quoted delivery for any critical
component > 30 weeks from
when order is placed?
within 6 months after the endof
the 30-dav period after >35 leak dscovery
per 82.16&QL
[82.156(i)(7)(iiMC)l
Maintain records adequate to determine unit
is custom built and quoted delivery for
critical components >30 weeks.
Additional one-year period beyond initial
one-year period allowed for
retrofit/retirement.
182.1560X7)]
If you have not already done so, follow the
other applicable pathways to determine the
total amount of time allowed for
retrofit/retirement activities.
If the estimated completion date previously
submitted under 82.166(0) must be extended,
notify EPA within 30 days of discovering the need
for die change. Submit the reason and the new
completion date.
Complete the retrofit or retirement work
within the total time allowed.
fS2.156, 8X152)
-------
Page 3 of 6
So 1o pg. 2-
H
Retrofit/
Retire
from pg. 2
Other Regs or Unsuitable
Replacement Refrigerant
Path (Path 2}
More than Two Years Needed
for Retrofit/Retirement
Path (Path 3)
Do other regulations require
delays and/or is a suitable
replacement refrigerant with
lower ODP unavailable?
Notify EPA of the need for additional
time along with the records necessary to
allow EPA to determine that delays
occasioned by other regulations and/or
due to the unavailability of a suitable
refrigerant apply per £2,166(0),
Notification and records must be
submitted within. 6 njpMhs after the
jQ-day period following the >jj% leak
discovery.
[82.1S6(iX7K«)l
Maximum time
of fittE year
from the plan's
date allowed
unless
additional tine
allowed from a
different
pathway.
Additional time, to the extent
reasonably necessary, is allowed unless
EPA objects. EPA will notify of its
determination within 60 days of
submittal.
[82.156(1X7)0)1
Was an additional year
received via Path 1 and still
more time is needed?
Maximum time
of two years
from the plan's
due allowed
unless
additional time
allowed from a
different
pathway.
month of the first additional year.
submit a request to EPA per
82.166(o) to further extend the
deadline for completing
retrofit/retirement activities.
Extension is automatically granted
unless EPA objects within 30 days of
receipt.
Retrofit/Retire
H
T
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4 of 8
s an industrial process
shutdown needed to repair
leaks?
jO-day repair period
allowed.
|82.156(i)<9)|
Are necessary leak repair p
unavailable or do other regulations
make a repair within 30/120 days
impossible?
[82,156(iK2)(i)]
L*a* Repair
(nm pg. 1
Go to pg. S
Notify EPA within 30 days of
this determination per 82.166!
Conduct initial verficarion testing at the
conclusion of the repair effort (and prior to
replacement of the refrigerant, if evacuated).
If offline, system may not be brought back
on line until test
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Page 5 of 6
Leak(s) not successfully
repaired during first repair
effort.
(from pg. 4)
Within 30 days of failed follow-up verification test;
1) Notify EPA that venficauon test was failed per SI !66(n); asA
2) Develop a one-year ic&oftt/mirtmem plan. Keep plan (or a legible cop>) at Hie
sue of the equipment,
Choose one or more of the options below. Two options, if successfully
taken, may relieve the obligation to retrofit or retire.**
. S2.156e obligation to retrofit or rvurc a
• are ultimately unsuccessful.
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Page S of 6
Follow tfie arrows
around pg. 3 to
pg.2
1
H
from fig. 5
Relief from Retrofit/Retirement:
180-day Venficition Option
Retrofit/Retirement Option
In ROtificauofl of failed venftcatton lest tan initial
repair efforts, notify EPA of pawnews » be used
for establishing leak rut is less than 35%,
Parameters are acceptable unless EPA objects
within 30 days of receipt of notice.
tS2,156fi)<4)I
Retrofit or retire the leaking
equipment within one veif .of.the
plan'i date Proceed throuf h tfie
remainder of tte flow chan so
determine if time beyond one
year is permitted
Determine leak rate of system using
acceptable parameters within ISO days
of failed follow-up verification test
from first repair efforts.
180-Day
Verification
Yes
Verification test
indicates leak(s) not
successfully np*ir*d.
Notify EPA of determination within
30 days per 82.166(n).
Obligation to retrofit/replace is
relieved,
|S2.1S6(!X3K*»l
JtetrofWRetinrrmnt,
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CHAPTER FOUR
MVAC INSPECTION CHECKLIST
24
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MVAC Inspection Checklist
1. Facility Name:
2. Facility Address:
3.
4.
5.
6.
Name of Owner/Operator
8.
9.
10.
11.
12.
13.
Name and Title of Person in Charge:
Telephone Number of Person in Charge:
Facility setting (check all that apply):
Industrial Rural Suburban
Facility Description:
Regional/National Service Chain
Independent Shop
Fleet Garage
.Urban
Dealership
Filling Station
Other
Does this facility service MVACs? Yes No
What kind of MVAC service is performed? top-off only more than top-off
How did the facility find out about EPA's requirements?
Fact Sheet EPA web site EPA hotline
Word of Mouth
Trade Association
Technician training
Other:
Articles
Did not know about requirements
Where does the facility purchase refrigerants?
List all refrigerants that the facility uses:
Where does the facility send used refrigerant for reclamation?.
14. A, Does the facility have a refrigerant identifier? Yes
B. If No, what method is used to identify contaminated refrigerants?
No
25
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15. How many recover-only and recover-recycle devices does the facility have?
16. Record the name, model number, date purchased and rated refrigerants of each unit;
17. Does the facility have equipment dedicated to each refrigerant used? Yes No
18. A. Has the facility submitted to EPA the equipment owner's certification? Yes No
B. Did the company keep a copy for their own fites? Yes No
19. How many facility technicians perform MVAC service?
20. Using copies of the technician certifications, record the names and training programs of all MVAC
technicians:
21. Does the facility perform service with and/or retrofits to alternative refrigerant?
Yes No
22. A. Does the facility have in stock the following for each alternative (HFC-134a or a blend) used:
Unique service fittings Yes No
Permanent labels Yes No
Barrier Hoses (required only for blends that contain R-22) Yes No
Compressor Shutoff Switch (required only for A/C systems that include a high-pressure cut-off switch)
Yes No
B. Provide more detail on all NO answers in question 22A:
23. A. Has any of the recovery/recycling equipment been converted to alternative refrigerant servic*-
Yes No
26
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B, If Yes, are unique service fittings permanently attached? Yes Nc
24. A. Does the facility use HC-12a®, OZ-12®, EC-12a, Duracool-12a or any other flammat
ants?
Yes No
B. If Yes, which ones:
25. Characterize the condition of the facility's service invoices:
Records have all information available
Records have only a few missing items
Records are lacking most required information
26. If the facility has recover-only equipment, how many pounds of refrigerant(s) have been
off-site for reclamation? (Include the number of reclamation receipts used to determine *
amount.)
27. A. If the facility performs refrigerant retrofits (question 21), do retrofit service invoices inc :
evacuation of old refrigerant and installation of unique fittings, labels and/or barrier hosss"
Yes No
B. If No, make copies of retrofit invoices missing any of this information.
28. If the facility does not have recovery/recycling equipment for all refrigerants serviced (que •
15), make copies of any invoices for MVAC service.
29. If the facility has a file copy of the equipment certification form (question 18B), make a cc:
30. If the facility has any technicians who are not certified (questions 19 and 20), make copies
any invoices for MVAC service involving that technician.
31. Inspector's Name:
32. Inspection Date: _
33. Time of Inspection:
34. Inspector Signature:
27
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