[Code of Federal Regulations]
[Title 40, Volume 17]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR82.38]

[Page 535-536]
 
                   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. 82.38  Approved independent standards testing organizations.

    (a) Any independent standards testing organization may apply for 
approval by the Administrator to certify equipment as meeting the 
standards in appendix A, B, C, D, E, or F of this subpart, as 
applicable. The application

[[Page 536]]

shall be sent to: MVACs Recycling Program Manager, Stratospheric 
Protection Division (6205J), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
    (b) Applications for approval must document the following:
    (1) That the organization has the capacity to accurately test 
whether refrigerant recycling 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;
    (ii) The expertise in equipment testing and the technical experience 
of the organization's personnel;
    (iii) 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 certification 
testing; and
    (3) That the organization agrees to allow the Administrator access 
to verify the information contained in the application.
    (c) If approval is denied under this section, the Administrator 
shall give written notice to the organization setting forth the basis 
for his or her determination.
    (d) If at any time an approved independent standards 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 section, 
the Administrator reserves the right to revoke approval.

[57 FR 31261, July 14, 1992, as amended at 60 FR 21687, May 2, 1995; 62 
FR 68048, Dec. 30, 1997]