[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: 40CFR82.42]

[Page 537-539]
 
                   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. 82.42  Certification, recordkeeping and public notification
requirements.

    (a) Certification requirements. (1) No later than January 1, 1993, 
any person repairing or servicing motor vehicle air conditioners for 
consideration shall certify to the Administrator that such person has 
acquired, and is properly using, approved equipment and that each 
individual authorized to use the equipment is properly trained and 
certified. Certification shall take the form of a statement signed by 
the owner of the equipment or another responsible officer and setting 
forth:
    (i) The name of the purchaser of the equipment;
    (ii) The address of the establishment where the equipment will be 
located; and
    (iii) The manufacturer name and equipment model number, the date of 
manufacture, and the serial number of the equipment. The certification 
must also include a statement that the equipment will be properly used 
in servicing motor vehicle air conditioners, that each individual 
authorized by the purchaser to perform service is properly trained and 
certified in accordance with Sec. 82.40, and that the information given 
is true and correct.
    (A) Owners or lessees of recycling or recovery equipment having 
their places of business in Connecticut, Maine, Massachusetts, New 
Hampshire, Rhode Island, Vermont must send their certifications to: CAA 
section 609 Enforcement Contact; EPA Region I; Mail Code SEA; JFK 
Federal Building; One Congress Street, Suite 1100; Boston, MA 02114-
2023.
    (B) Owners or lessees of recycling or recovery equipment having 
their places of business in New York, New Jersey, Puerto Rico, Virgin 
Islands must send their certifications to: CAA section 609 Enforcement 
Contact; EPA Region II (2DECA-AC); 290 Broadway, 21st Floor; New York, 
NY 10007-1866.
    (C) Owners or lessees of recycling or recovery equipment having 
their places

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of business in Delaware, District of Columbia, Maryland, Pennsylvania, 
Virginia, West Virginia must send their certifications to: CAA section 
609 Enforcement Contact; EPA Region III--Wheeling Operations Office; 
Mail Code 3AP12; 303 Methodist Building; 11th and Chapline Streets; 
Wheeling, WV 26003.
    (D) Owners or lessees of recycling or recovery equipment having 
their places of business in Alabama, Florida, Georgia, Kentucky, 
Mississippi, North Carolina, South Carolina, Tennessee must send their 
certifications to: CAA section 609 Enforcement Contact; EPA Region IV 
(APT-AE); Atlanta Federal Center; 61 Forsyth Street, SW.; Atlanta, GA 
30303.
    (E) Owners or lessees of recycling or recovery equipment having 
their places of business in Illinois, Indiana, Michigan, Minnesota, 
Ohio, Wisconsin must send their certifications to: CAA section 609 
Enforcement Contact, EPA Region V (AE17J); 77 West Jackson Blvd.; 
Chicago, IL 60604-3507.
    (F) Owners or lessees of recycling or recovery equipment having 
their places of business in Arkansas, Louisiana, New Mexico, Oklahoma, 
Texas must send their certifications to: CAA section 609 Enforcement 
Contact; EPA Region VI (6EN-AA); 1445 Ross Avenue, Suite 1200; Dallas, 
Texas 75202.
    (G) Owners or lessees of recycling or recovery equipment having 
their places of business in Iowa, Kansas, Missouri, Nebraska must send 
their certifications to: CAA section 609 Enforcement Contact; EPA Region 
VII; Mail Code APCO/ARTD; 901 North 5th Street; Kansas City, KS 66101.
    (H) Owners or lessees of recycling or recovery equipment having 
their places of business in Colorado, Montana, North Dakota, South 
Dakota, Utah, Wyoming must send their certifications to: CAA section 609 
Enforcement Contact, EPA Region VIII, Mail Code 8ENF-T, 999 18th Street, 
Suite 500, Denver, CO 80202-2466.
    (I) Owners or lessees of recycling or recovery equipment having 
their places of business in American Samoa, Arizona, California, Guam, 
Hawaii, Nevada must send their certifications to: CAA section 609 
Enforcement Contact; EPA Region IX; Mail Code AIR-5; 75 Hawthorne 
Street; San Francisco, CA 94105.
    (J) Owners or lessees of recycling or recovery equipment having 
their places of business in Alaska, Idaho, Oregon, Washington must send 
their certifications to: CAA section 609 Enforcement Contact; EPA Region 
X (OAQ-107); 1200 Sixth Avenue; Seattle, WA 98101.
    (b) Recordkeeping requirements. (1) Any person who owns approved 
refrigerant recycling equipment certified under Sec. 82.36(a)(2) must 
maintain records of the name and address of any facility to which 
refrigerant is sent.
    (2) Any person who owns approved refrigerant recycling equipment 
must retain records demonstrating that all persons authorized to operate 
the equipment are currently certified under Sec. 82.40.
    (3) Any person who sells or distributes any class I or class II 
substance that is suitable for use as a refrigerant in a motor vehicle 
air conditioner and that is in a container of less than 20 pounds of 
such refrigerant must verify that the purchaser is properly trained and 
certified under Sec. 82.40. The seller must have a reasonable basis for 
believing that the information presented by the purchaser is accurate. 
The only exception to these requirements is if the purchaser is 
purchasing the small containers for resale only. In this case, the 
seller must obtain a written statement from the purchaser that the 
containers are for resale only and indicate the purchasers name and 
business address. Records required under this paragraph must be retained 
for a period of three years.
    (4) All records required to be maintained pursuant to this section 
must be kept for a minimum of three years unless otherwise indicated. 
Entities which service motor vehicle air conditioners for consideration 
must keep these records on-site.
    (5) All entities which service motor vehicle air conditioners for 
consideration must allow an authorized representative of the 
Administrator entry onto their premises (upon presentation of his or her 
credentials) and give the authorized representative access to all 
records required to be maintained pursuant to this section.

[[Page 539]]

    (c) Public notification. Any person who conducts any retail sales of 
a class I or class II substance that is suitable for use as a 
refrigerant in a motor vehicle air conditioner, and that is in a 
container of less than 20 pounds of refrigerant, must prominently 
display a sign where sales of such containers occur which states:

``It is a violation of federal law to sell containers of Class I and 
Class II refrigerant of less than 20 pounds of such refrigerant to 
anyone who is not properly trained and certified to operate approved 
refrigerant recycling equipment.''

[57 FR 31261, July 14, 1992, as amended at 60 FR 21688, May 2, 1995; 72 
FR 63494, Nov. 9, 2007]