[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: 40CFR82.40]



[Page 539-540]

 

                   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:

    (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



[[Page 540]]



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]