[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: 40CFR82.40]

[Page 396-397]
 
                   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. 82.40  Technician training and certification.

    (a) Any technician training and certification program may apply for 
approval, in accordance with the provisions of this paragraph, by 
submitting to the Administrator at the address in Sec. 82.38(a) 
verification that the program meets all of the following standards:
    (1) Training. Each program must provide 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, videos or a hands-on demonstration.
    (2) Test subject material. The certification tests must adequately 
and sufficiently cover the following:

[[Page 397]]

    (i) The standards established for the service and repair of MVACs 
and MVAC-like appliances as set forth in appendices A, B, C, D, E, and F 
of 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 depletion.
    (iv) As of August 13, 1992, the requirements 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 speaking 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 received 
must indicate that translator assistance was required.
    (4) Proof of certification. Each certification program must offer 
individual proof of certification, such as a certificate, wallet-sized 
card, or display card, upon successful completion of the test. Each 
certification program must provide a unique number for each certified 
technician.
    (b) In deciding whether to approve an application, the Administrator 
will consider the extent to which the applicant 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 effectiveness 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 approval 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 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 Administrator reserves the right to specify 
the need for technician 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 section, the Administrator reserves the right 
to revoke approval.
    (f) Authorized representatives of the Administrator may require 
technicians to demonstrate on the business entity's premises their 
ability to perform proper procedures for recovering and/or recycling 
refrigerant. Failure to demonstrate or failure to properly use the 
equipment may result in revocation of the technician's certificate by 
the Administrator. Technicians whose certification is revoked must be 
recertified before servicing or repairing any motor vehicle air 
conditioners.

[57 FR 31261, July 14, 1992, as amended at 60 FR 21688, May 2, 1995; 62 
FR 68048, Dec. 30, 1997]