[Code of Federal Regulations]

[Title 40, Volume 17]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR82.34]



[Page 536-537]

 

                   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



[[Page 537]]



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 (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]