[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR82.34]

[Page 394-395]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 82--PROTECTION OF STRATOSPHERIC OZONE--Table of Contents
 
         Subpart B--Servicing of Motor Vehicle Air Conditioners
 
Sec. 82.34  Prohibitions and required practices.

    (a) No person repairing or servicing MVACs for consideration, and no 
person repairing or servicing MVAC-like appliances, may perform any 
service involving the refrigerant for such MVAC or MVAC-like appliance:
    (1) Without properly using equipment approved pursuant to 
Sec. 82.36;
    (2) Unless any such person repairing or servicing an MVAC has been 
properly trained and certified by a technician certification program 
approved by the Administrator pursuant to Sec. 82.40; and
    (3) Unless any such person repairing or servicing an MVAC-like 
appliance has been properly trained and certified by a technician 
certification program approved by the Administrator pursuant to either 
Sec. 82.40 or Sec. 82.161(a)(5).
    (b) Effective November 15, 1992, no person 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-
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 certified under Sec. 82.40 or intended the containers for 
resale only, and so certifies to the seller under Sec. 82.42(b)(3).
    (c) No technician training programs may issue certificates unless 
the program complies with all of the standards in Sec. 82.40(a).
    (d) Motor vehicle disposal facilities. (1) Any refrigerant that is 
extracted from an MVAC or an MVAC-like appliance (as that term is 
defined in Sec. 82.152) bound for disposal and located at a motor 
vehicle disposal facility may not be subsequently 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 regulations 
promulgated under Sec. 82.32(e)(2) of this subpart B; or
    (ii) (A) Recovered using approved refrigerant recycling equipment 
dedicated for use with MVACs and MVAC-like appliances, either by a 
technician certified under paragraph (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 appliance, properly using 
approved refrigerant recycling equipment in accordance with any 
applicable recommended service 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 
disposal and located at a motor vehicle disposal facility but not 
subsequently reclaimed in accordance with the regulations promulgated 
under subpart F, may be sold prior to its subsequent re-use only to a 
technician certified under paragraph

[[Page 395]]

(a)(2) of this section. Any technician certified under paragraph (a)(2) 
of this section who obtains such a refrigerant may subsequently re-use 
such refrigerant only in an MVAC or MVAC-like appliance, and only if it 
has been reclaimed or properly recycled.

[57 FR 31261, July 14, 1992, as amended at 62 FR 68047, Dec. 30, 1997]