Subpart F -- Recycling and Emissions Reduction

§82.150   Purpose and scope.
      (a) The purpose of this subpart is to reduce emissions of class I and class II refrigerants and their substitutes to the lowest achievable level by maximizing the recapture and recycling of such refrigerants during the maintenance, service, repair, and disposal of appliances and restricting the sale of refrigerants consisting in whole or in part of a class I or class II ozone-depleting substance or their substitutes in accordance with Title VI of the Clean Air Act.
      (b) This subpart applies to any person maintaining, servicing, or repairing appliances. This subpart also applies to persons disposing of appliances, including small appliances and motor vehicle air conditioners. In addition, this subpart applies to refrigerant reclaimers, technician certifying programs, appliance owners and operators, manufacturers of appliances, manufacturers of recovery and/or recycling equipment, approved recovery and/or recycling equipment testing organizations, and persons buying, selling, or offering to sell class I, class II, or substitute refrigerants.

§82.152   Definitions.
As used in this subpart, the term:
Appliance means any device which contains and uses a class I or class II substance or substitute as a refrigerant and which is used for household or commercial purposes, including any air conditioner, motor vehicle air conditioner, refrigerator, chiller, or freezer. 
Apprentice means any person who is currently registered as an apprentice in maintenance, service, repair, or disposal of appliances with the U.S. Department of Labor's Office of Apprenticeship (or a State Apprenticeship Council recognized by the Office of Apprenticeship). A person may only be an apprentice for two years from the date of first registering with that office. 
Approved equipment testing organization means any organization which has applied for and received approval from the Administrator pursuant to §82.160.
Class I refers to an ozone-depleting substance that is listed in 40 CFR part 82 subpart A, appendix A.
Class II refers to an ozone-depleting substance that is listed in 40 CFR part 82 subpart A, appendix B.
Comfort cooling means the air-conditioning appliances used to provide cooling in order to control heat and/or humidity in facilities including but not limited to office buildings and commercial buildings. Comfort cooling appliances include building chillers and roof-top self-contained units. They may be used for the comfort of occupants or for climate control to protect equipment within a facility, including but not limited to computer rooms.
Commercial refrigeration means the refrigeration appliances used in the retail food and cold storage warehouse sectors. Retail food includes the refrigeration equipment found in supermarkets, convenience stores, restaurants and other food service establishments. Cold storage includes the refrigeration equipment used to store meat, produce, dairy products, and other perishable goods.  
Component means a part of the refrigerant loop within an appliance including, but not limited to, compressors, condensers, evaporators, receivers, and all of its connections and subassemblies. 
Custom-built means that the equipment or any of its components cannot be purchased and/or installed without being uniquely designed, fabricated and/or assembled to satisfy a specific set of industrial process conditions.  
Disposal means the process leading to and including: 
      (1) The discharge, deposit, dumping or placing of any discarded appliance into or on any land or water; 
      (2) The disassembly of any appliance for discharge, deposit, dumping or placing of its discarded component parts into or on any land or water; 
      (3) The destruction of any appliance such that the refrigerant would be released into the environment if it had not been recovered prior to the destructive activity, or
      (4) The disassembly of any appliance for reuse or recycling of its component parts. 
Follow-up verification test means those tests that involve checking the repairs to an appliance after a successful initial verification test and after the appliance has returned to normal operating characteristics and conditions to verify that the repairs were successful. Follow-up verification tests include, but are not limited to, the use of soap bubbles, electronic or ultrasonic leak detectors, pressure or vacuum tests, fluorescent dye and black light, infrared or near infrared tests, and handheld gas detection devices. 
Full charge means the amount of refrigerant required for normal operating characteristics and conditions of the appliance as determined by using one or a combination of the following four methods:
      (1) Use of the equipment manufacturer's determination of the full charge;
      (2) Use of appropriate calculations based on component sizes, density of refrigerant, volume of piping, and other relevant considerations;
      (3) Use of actual measurements of the amount of refrigerant added to or evacuated from the appliance, including for seasonal variances; and/or
      (4) Use of an established range based on the best available data regarding the normal operating characteristics and conditions for the appliance, where the midpoint of the range will serve as the full charge.
High-pressure appliance means an appliance that uses a refrigerant with a liquid phase saturation pressure between 170 psia and 355 psia at 104 °F. Examples include but are not limited to appliances using R-22, R-407A, R-407C, R-410A, and R-502.
Industrial process refrigeration means complex customized appliances that are directly linked to the processes used in, for example, the chemical, pharmaceutical, petrochemical, and manufacturing industries. This sector also includes industrial ice machines, appliances used directly in the generation of electricity, and ice rinks. Where one appliance is used for both industrial process refrigeration and other applications, it will be considered industrial process refrigeration equipment if 50 percent or more of its operating capacity is used for industrial process refrigeration. 
Industrial process shutdown means when an industrial process or facility temporarily ceases to operate or manufacture whatever is being produced at that facility. 
Initial verification test means those leak tests that are conducted as soon as practicable after the repair is finished to verify that a leak or leaks have been repaired before refrigerant is added back to the appliance. 
Leak inspection means the examination of all visible components of an appliance using a calibrated leak detection device, a bubble test, or visual inspection for oil residue in order to determine the presence and location of refrigerant leaks.
Leak rate means the rate at which an appliance is losing refrigerant, measured between refrigerant charges. The leak rate is expressed in terms of the percentage of the appliance's full charge that would be lost over a 12-month period if the current rate of loss were to continue over that period. The rate is calculated using only one of the following methods for all appliances subject to the leak repair requirements located at an operating facility.
      (1) Annualizing Method. Step 1. Take the number of pounds of refrigerant added to the appliance to return it to a full charge, whether in one addition or if multiple additions related to same leak, and divide it by the number of pounds of refrigerant the appliance normally contains at full charge;
      Step 2. Take the shorter of the number of days that have passed since the last day refrigerant was added or 365 days and divide that number by 365 days;
      Step 3. Take the number calculated in Step 1 and divide it by the number calculated in Step 2; and
      Step 4. Multiply the number calculated in Step 3 by 100 to calculate a percentage. This method is summarized in the following formula: 
                                       
      (2) Rolling Average Method. Step 1. Take the sum of the pounds of refrigerant added to the appliance over the previous 365-day period (or over the period that has passed since the last successful follow-up verification test showing all leaks in the appliance were repaired, if that period is less than one year);
      Step 2. Divide the result of Step 1 by the pounds of refrigerant the appliance normally contains at full charge; and
      Step 3. Multiply the result of Step 2 by 100 to obtain a percentage. This method is summarized in the following formula: 
                                   Leak rate
                                 (% per year)
                                       =
                                       
pounds of refrigerant added over past 365 days
(or since the last successful follow-up verification test showing all leaks in the appliance were repaired, if that period is less than one year)
                     pounds of refrigerant in full charge
                                    x 100%
                                       

Low-loss fitting means any device that is intended to establish a connection between hoses, appliances, or recovery and/or recycling machines and that is designed to close automatically or to be closed manually when disconnected, minimizing the release of refrigerant from hoses, appliances, and recovery and/or recycling machines. 
Low-pressure appliance means an appliance that uses a refrigerant with a liquid phase saturation pressure below 45 psia at 104 °F. Examples include but are not limited to appliances using R-11, R-123, R-113, and R-245fa.
Major maintenance, service, or repair means any maintenance, service, or repair that involves the removal of any or all of the following appliance components: compressor, condenser, evaporator, or auxiliary heat exchange coil; or any maintenance, service, or repair that involves uncovering an opening of more than four (4) square inches of "flow area" for more than 15 minutes. 
Medium-pressure appliance means an appliance that uses a refrigerant with a liquid phase saturation pressure between 45 psia and 170 psia at 104 °F. Examples include but are not limited to appliances using R-114, R-124, R-12, R-134a, and R-500.
Mothball means to evacuate refrigerant from an appliance, or the affected isolated section or component of an appliance, to at least atmospheric pressure, and to temporarily shut down that appliance. 
Motor vehicle air conditioner (MVAC) means any appliance that is a motor vehicle air conditioner as defined in 40 CFR part 82, subpart B. 
MVAC-like appliance means a mechanical vapor compression, open-drive compressor appliance with a full charge of 20 pounds or less of refrigerant used to cool the driver's or passenger's compartment of an off-road motor vehicle. This includes, but is not limited to, the air-conditioning equipment found on agricultural or construction vehicles. This definition is not intended to cover appliances using R-22 refrigerant.
Normal operating characteristics and conditions means appliance operating temperatures, pressures, fluid flows, speeds, and other characteristics, including full charge of the appliance, that would be expected for a given process load and ambient condition during normal operation. Normal operating characteristics and conditions are marked by the absence of atypical conditions affecting the operation of the appliance. 

One-time expansion device means an appliance that relies on the release of its refrigerant charge to the environment in order to provide a cooling effect. These are typically single releases but could also include products that are designed to release refrigerant to the environment through multiple individual charges.
Opening an appliance means any maintenance, service, repair, or disposal of an appliance that would release any refrigerant in the appliance to the atmosphere. Connecting and disconnecting hoses and gauges to measure pressures, add refrigerant, or recover refrigerant from the appliance are not considered "opening an appliance."
Parent company means an individual, corporation, partnership, association, joint-stock company, or an unincorporated organization that can direct or cause the direction of management and policies of another entity, through the ownership of shares or otherwise. 
Person means any individual or legal entity, including an individual, corporation, partnership, association, state, municipality, political subdivision of a state, Indian tribe, and any agency, department, or instrumentality of the United States, and any officer, agent, or employee thereof. 
Process stub means a length of tubing that provides access to the refrigerant inside a small appliance or room air conditioner and that can be resealed at the conclusion of repair or service. 
Reclaim means to reprocess recovered refrigerant to all of the specifications in appendix A of this subpart (based on AHRI Standard 700-2015, Specifications for Refrigerants) that are applicable to that refrigerant and to verify that the refrigerant meets these specifications using the analytical methodology prescribed in section 5 of appendix A of this subpart.
Recover means to remove refrigerant in any condition from an appliance and to store it in an external container without necessarily testing or processing it in any way. 
Recovery efficiency means the percentage of refrigerant in an appliance that is recovered by a piece of recovery and/or recycling equipment. 
Recycle, when referring to refrigerant, means to extract refrigerant from an appliance and clean it for reuse in equipment of the same owner without meeting all of the requirements for reclamation. In general, recycled refrigerant is cleaned using oil separation and single or multiple passes through devices, such as replaceable core filter-driers, which reduce moisture, acidity, and particulate matter. 
Refrigerant means, for purposes of this subpart, any substance, including blends and mixtures, consisting in part or whole of a class I or class II ozone-depleting substance or substitute that is used for heat transfer purposes and provides a cooling effect.
Refrigerant circuit means the parts of an appliance that are normally connected to each other (or are separated only by internal valves) and are designed to contain refrigerant. 
Retire, when referring to an appliance, means the disassembly of the entire appliance including its major components, such that the appliance as a whole cannot be used by any person in the future.
Retrofit means to convert an appliance from one refrigerant to another refrigerant. Retrofitting includes the conversion of the appliance to achieve system compatibility with the new refrigerant and may include, but is not limited to, changes in lubricants, gaskets, filters, driers, valves, o-rings or appliance components.
Seasonal variance means the addition of refrigerant to an appliance due to a change in ambient conditions caused by a change in season, followed by the subsequent removal of an equal amount of refrigerant in the corresponding change in season, where both the addition and removal of refrigerant occurs within one consecutive 12-month period.
Self-contained recovery equipment means refrigerant recovery and/or recycling equipment that is capable of removing the refrigerant from an appliance without the assistance of components contained in the appliance. 
Self-sealing valve means a valve affixed to a container of refrigerant that automatically seals when not dispensing refrigerant and meets or exceeds established performance criteria as identified in §82.154(c)(2).
Small appliance means any appliance that is fully manufactured, charged, and hermetically sealed in a factory with five (5) pounds or less of refrigerant, including, but not limited to, refrigerators and freezers (designed for home, commercial, or consumer use), medical or industrial research refrigeration equipment, room air conditioners (including window air conditioners, portable air conditioners, and packaged terminal air heat pumps), dehumidifiers, under-the-counter ice makers, vending machines, and drinking water coolers.
Substitute means any chemical or product, whether existing or new, that is used as a refrigerant to replace a class I or II ozone-depleting substance. 
System-dependent recovery equipment means refrigerant recovery equipment that requires the assistance of components contained in an appliance to remove the refrigerant from the appliance. 

System receiver means the isolated portion of the appliance, or a specific vessel within the appliance, that is used to hold the refrigerant charge during the servicing or repair of that appliance.
Technician means any person who in the course of maintenance, service, or repair could be reasonably expected to violate the integrity of the refrigerant circuit and therefore release refrigerants into the environment. Technician also means any person who disposes of an appliance that could be reasonably expected to violate the integrity of the refrigerant circuit and therefore release refrigerants from the appliances into the environment, except for persons who dispose only of appliances that are small appliances, MVACs, and MVAC-like appliances. Activities reasonably expected to violate the integrity of the refrigerant circuit include but are not limited to: attaching and detaching hoses and gauges to and from the appliance; adding or removing refrigerant; adding or removing components; and cutting the refrigerant line. Activities such as painting the appliance, rewiring an external electrical circuit, replacing insulation on a length of pipe, or tightening nuts and bolts are not reasonably expected to violate the integrity of the refrigerant circuit. Activities conducted on appliances that have been properly evacuated pursuant to §82.156 are not reasonably expected to release refrigerants unless the activity includes adding refrigerant to the appliance. Technicians could include but are not limited to installers, contractor employees, in-house service personnel, and in some cases owners and/or operators of appliances.
Very high-pressure appliance means an appliance that uses a refrigerant with a critical temperature below 104 °F or with a liquid phase saturation pressure above 355 psia at 104 °F. Examples include but are not limited to appliances using R-13, R-23, R-503, R-508A, and R-508B. 


§82.154   Prohibitions.
      (a) Venting Prohibition. (1) No person maintaining, servicing, repairing, or disposing of an appliance or industrial process refrigeration may knowingly vent or otherwise release into the environment any refrigerant from such appliances. Notwithstanding any other provision of this subpart, the following substitutes in the following end-uses are exempt from this prohibition and from the requirements of this subpart:
      (i) Carbon dioxide in any application;
      (ii) Nitrogen in any application;
      (iii) Water in any application;
      (iv) Ammonia in commercial or industrial process refrigeration or in absorption units;
      (v) Chlorine in industrial process refrigeration (processing of chlorine and chlorine compounds);
      (vi) Hydrocarbons in industrial process refrigeration (processing of hydrocarbons);
      (vii) Ethane (R - 170) in very low temperature refrigeration equipment and equipment for non-mechanical heat transfer;
      (viii) Propane (R - 290) in retail food refrigerators and freezers (stand-alone units only); household refrigerators, freezers, and combination refrigerators and freezers; self-contained room air conditioners for residential and light commercial air-conditioning; heat pumps; and vending machines;
      (ix) Isobutane (R - 600a) in retail food refrigerators and freezers (stand-alone units only) and vending machines;
       (x) R - 441A in retail food refrigerators and freezers (stand-alone units only); self-contained room air conditioners for residential and light commercial air-conditioning; heat pumps; and vending machines.
            
      
      
      
      
      
      
            
      
      
      
      
      
      (2) De minimis releases associated with good faith attempts to recycle or recover refrigerants are not subject to this prohibition. Refrigerant releases are de minimis only if they occur when:
      (i) The required practices in §82.155, §82.156, and §82.157 are observed, recovery and/or recycling machines that meet the requirements in §82.158 are used whenever refrigerant is removed from an appliance, the technician certification provisions in §82.161 are observed, and the reclamation requirements in §82.164 are observed; or
      (ii) The requirements in subpart B of this part are observed.
      (3) The knowing release of a refrigerant after its recovery from an appliance is a violation of the venting prohibition.
      (b) No person may maintain, service, repair, or dispose of an appliance without:
      (1) Observing the required practices in §82.155, §82.156, and §82.157; and 
      (2) Using recovery and/or recycling equipment that is certified for that type of refrigerant and appliance under §82.158.   
      
      (c) Sales Restriction. (1) No person may sell or distribute, or offer for sale or distribution, any substance that consists in whole or in part of a class I or class II substance or substitute for use as a refrigerant unless: 
      (i) The buyer has been certified as a Type I, Type II, Type III, or Universal technician under §82.161; 
      (ii) The buyer employs at least one technician who is certified as a Type I, Type II, Type III, or Universal technician under §82.161 and provides proof of such to the seller; 
      (iii) The buyer has been certified under 40 CFR part 82, subpart B and the refrigerant is acceptable for use in MVACs under 40 CFR part 82, subpart G; 
      (iv) The buyer employs at least one technician who is certified under 40 CFR part 82, subpart B, and provides proof of such to the seller and the refrigerant is acceptable for use in MVACs under 40 CFR part 82, subpart G. Nothing in this provision relieves persons of the requirements of §82.34(b) or §82.42(b); 
      (v) The refrigerant is sold only for eventual resale to certified technicians or to appliance manufacturers (e.g., sold by a manufacturer to a wholesaler, sold by a technician to a reclaimer); 
      (vi) The refrigerant is sold to an appliance manufacturer; 
      (vii) The refrigerant is contained in an appliance with a fully assembled refrigerant circuit or an appliance component; 
      (viii) The refrigerant is charged into an appliance by a certified technician or an apprentice during maintenance, service, or repair of the appliance;
      (ix) The refrigerant is exempted under paragraph (a)(1) of this section; or
      (x) The substitute refrigerant is intended for use in an MVAC and is sold in a container designed to hold two pounds or less of refrigerant, has a unique fitting, and has a self-sealing valve.
       (2) Self-sealing valve specifications. This provision will apply starting [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER] for all containers holding two pounds or less of substitute refrigerant for use in an MVAC that are manufactured and placed into initial inventory or imported on or after that date. All containers holding two pounds or less of substitute refrigerant for use in an MVAC that are manufactured and placed into initial inventory or imported prior to that date must be sold prior to [TWO YEARS FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER]. 
      (i) Each container holding two pounds or less of substitute refrigerant for use in an MVAC must be equipped with a single self-sealing valve that automatically closes and seals when not dispensing refrigerant. 
      (ii) The leakage rate from each container must not exceed 3.00 grams per year when the self-sealing valve is closed. This leakage rate applies to new, full containers as well as containers that may be partially full. 
      (iii) The leakage rate must be determined using the standards described in appendix E. 
      (iv) All testing to demonstrate compliance with this paragraph must be conducted by an independent test laboratory in the United States. For purposes of this requirement, an independent test laboratory is one that is not owned, operated, or affiliated with the applicant certifying equipment and/or products. 
      (3) Recordkeeping. (i) Persons who sell or distribute, or offer to sell or distribute, refrigerant must keep invoices that indicate the name of the purchaser, the date of sale, and the quantity of refrigerant purchased unless they are selling exempt substitutes or small cans of MVAC refrigerant in accordance with paragraph (c)(1)(ix) and (x) of this section. In instances where the buyer employs a certified technician, the seller must keep the documentation provided by the buyer that he or she employs at least one technician that is properly certified. All records must be kept for three years.
      (ii) Electronic or paper copies of all records described in appendix E must be maintained by manufacturers of containers holding two pounds or less of substitute refrigerant for use in an MVAC to verify self-sealing valves meet the requirements specified in paragraph (c)(2) of this section. All records must be kept for three years.
      (d) Sale of Used Refrigerant. No person may sell or distribute, or offer for sale or distribution, for use as a refrigerant any class I or class II substance or substitute consisting wholly or in part of used refrigerant unless the refrigerant: 
      (1) has been reclaimed by a person who has been certified as a reclaimer under §82.164; 
      (2) was used only in an MVAC or MVAC-like appliance and is to be used only in an MVAC or MVAC-like appliance and recycled in accordance with §82.34(d); 
      (3) is contained in an appliance that is sold or offered for sale together with a fully assembled refrigerant circuit; 
      (4) is being transferred between or among a parent company and one or more of its subsidiaries, or between or among subsidiaries having the same parent company;
      (5) is being transferred between or among a Federal agency or department and a facility or facilities owned by the same Federal agency or department; or 
      (6) is exempted under paragraph (a)(1) of this section.
      
      (e) Manufacture and Sale of Appliances. (1) No person may sell or distribute, or offer for sale or distribution, any appliance (except small appliances) unless it is equipped with a servicing aperture to facilitate the removal of refrigerant at servicing and disposal. 
      (2) No person may sell or distribute, or offer for sale or distribution, any small appliance unless it is equipped with a process stub to facilitate the removal of refrigerant at servicing and disposal. 
      
      (f) One-time expansion devices. No person may manufacture or import a one-time expansion device unless the only refrigerants it contains have been exempted under paragraph (a)(1) of this section.
      
      (g) Rules stayed for consideration. Notwithstanding any other provisions of this subpart, the effectiveness of 40 CFR 82.154(c), only as it applies to refrigerant contained in appliances without fully assembled refrigerant circuits, is stayed from April 27, 1995, until EPA takes final action on its reconsideration of these provisions. EPA will publish any such final action in the Federal Register.
    
§82.155 Safe disposal of appliances.
      Until [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER], this section applies only to disposal of appliances containing class I and class II refrigerants. Starting on [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER], this section applies to disposal of appliances containing any refrigerant as defined in §82.152. 
      (a) Persons who take the final step in the disposal process (including but not limited to scrap recyclers and landfill operators) of a small appliance, MVAC, or MVAC-like appliance (the final processor) must either: 
      (1) Recover any remaining refrigerant from the appliance in accordance with paragraph (b) of this section; or
      (2) Verify using a signed statement or a contract that all refrigerant that had not leaked previously has been recovered from the appliance or shipment of appliances in accordance with paragraph (b) of this section. This statement must include the name and address of the person who recovered the refrigerant and the date the refrigerant was recovered. The signed contract between the supplier and the final processor must state that the supplier will recover any remaining refrigerant from the appliance or shipment of appliances in accordance with this paragraph prior to delivery.
      (i) It is a violation of this subpart to accept a signed statement or contract if the person receiving the statement or contract knew or had reason to know that the signed statement or contract is false. 
      (ii) Persons complying with this paragraph must notify suppliers of appliances that refrigerant must be properly recovered in accordance with paragraph (b) of this section before delivery of the items to the facility. The form of this notification may be signs, letters to suppliers, or other equivalent means. 
      (b) Persons recovering refrigerant from a small appliance, MVAC, or MVAC-like appliance for purposes of disposal of these appliances must evacuate refrigerant to the levels in §82.156(b) or (c) using recovery equipment that meets the standards in §82.158(e)-(g), as applicable. 
      (c) Recordkeeping. Persons who take the final step in the disposal process of a small appliance, MVAC, or MVAC-like appliance must keep a copy of all the signed statements or contracts obtained under paragraph (a)(2) of this section on site, in hard copy or in electronic format, for at least three years.

§82.156   Proper evacuation of refrigerant from appliances.
Until [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER], this section applies only to proper evacuation of refrigerant from appliances containing class I and class II refrigerants. Starting on [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER], this section applies to proper evacuation of refrigerant from appliances containing any refrigerant as defined in §82.152, except that the leak repair provisions in §82.157 apply in lieu of paragraph (i) of this section.
      (a) Appliances other than small appliances, MVACs, and MVAC-like appliances. Before opening appliances other than small appliances, MVACs, and MVAC-like appliances, or disposing of such appliances, persons must evacuate the refrigerant, including all the liquid refrigerant (except as provided in paragraph (a)(1)(ii) of this section), to the levels in Table 1 using a recovery and/or recycling machine certified pursuant to §82.158 unless the situations in subparagraphs (1) or (2) apply. Persons may evacuate either the entire appliance or the part to be serviced, if the refrigerant in the part can be isolated to a system receiver. A technician must verify that the applicable level of evacuation has been reached in the appliance or the part before it is opened.
      
      
      
      
      (1) If evacuation of the appliance to the atmosphere is not to be performed after completion of the maintenance, service, or repair, and if the maintenance, service, or repair is not major as defined at §82.152, the appliance must:
      (i) Be evacuated to a pressure no higher than 0 psig before it is opened if it is a medium-, high- or very high-pressure appliance;
      (ii) Be pressurized to a pressure no higher than 0 psig before it is opened if it is a low-pressure appliance. Persons must cover openings when isolation is not possible. Persons pressurizing low-pressure appliances that use refrigerants with boiling points at or below 85 degrees Fahrenheit at 29.9 inches of mercury (standard atmospheric pressure), must not use methods such as nitrogen that require subsequent purging. Persons pressurizing low-pressure appliances that use refrigerants with boiling points above 85 degrees Fahrenheit at 29.9 inches of mercury, must use heat to raise the internal pressure of the appliance as much as possible, but may use nitrogen to raise the internal pressure of the appliance from the level attainable through use of heat to atmospheric pressure; or
      (iii) For the purposes of oil changes, be evacuated or pressurized to a pressure no higher than 5 psig, before it is opened; or drain the oil into a system receiver to be evacuated or pressurized to a pressure no higher than 5 psig.
      (2) If leaks in the appliance make evacuation to the levels in Table 1 unattainable or would substantially contaminate the refrigerant being recovered, persons opening or disposing of the appliance must:
      (i) Isolate leaking from non-leaking components wherever possible;
      (ii) Evacuate non-leaking components to be opened or disposed of to the levels specified in Table 1; and
      (iii) Evacuate leaking components to be opened or disposed of to the lowest level that can be attained without substantially contaminating the refrigerant. This level may not exceed 0 psig.
      
      (3) Recordkeeping. Persons evacuating refrigerant from appliances with a full charge of more than 5 and less than 50 pounds of refrigerant for purposes of disposal of that appliance must keep records documenting the following for three years:
      (i) The company name, location of the equipment, date of recovery, amount and type of refrigerant recovered for each appliance; and 
      (ii) The quantity and type of refrigerant transferred for reclamation and/or destruction, to whom it was transferred, and the date of transfer. 
      
      
      
              Table 1 -- Required Levels of Evacuation for Appliances
          [Except for small appliances, MVACs, and MVAC-like appliances]
                               Type of appliance
Inches of Hg vacuum
(relative to standard atmospheric pressure of 29.9 inches Hg)

Using recovery and/or
recycling equipment manufactured or
imported before
November 15, 1993
Using recovery and/or
recycling equipment manufactured or
imported on or after
November 15, 1993
Very high-pressure appliance
                                       0
                                       0
High-pressure appliance, or isolated component of such appliance, with a full charge of less than 200 pounds of refrigerant
                                       0
                                       0
High-pressure appliance, or isolated component of such appliance, with a full charge of 200 pounds or more of refrigerant
                                       4
                                      10
Medium-pressure appliance, or isolated component of such appliance, with a full charge of less than 200 pounds of refrigerant
                                       4
                                      10
Medium-pressure appliance, or isolated component of such appliance, with a full charge of 200 pounds or more of refrigerant
                                       4
                                      15
Low-pressure appliance
                               25 mm Hg absolute
                               25 mm Hg absolute
    
      (b) Small appliances. Before opening a small appliance or when disposing of a small appliance, persons must use a recovery and/or recycling machine certified pursuant to §82.158 that meets the following conditions:
      (1) When using recovery equipment manufactured before November 15, 1993, recover 80% of the refrigerant in the small appliance; or
      (2) When using recovery equipment manufactured on or after November 15, 1993, recover 90% of the refrigerant in the appliance when the compressor in the appliance is functioning, or 80% of the refrigerant in the appliance when the compressor in the appliance is not functioning; or
      (3) Evacuate the appliance to four inches of mercury vacuum.
      (c) MVACs and MVAC-like appliances. Persons may only open MVAC and MVAC-like appliances while properly using, as defined at §82.32(e), recovery and/or recycling equipment certified pursuant to §82.158(f) or (g), as applicable. All persons recovering refrigerant from MVACs and MVAC-like appliances for purposes of disposal of these appliances must reduce the system pressure to or below 102 mm of mercury vacuum.
      (d) System-dependent equipment may not be used with appliances with a full charge of more than 15 pounds of refrigerant, unless the system-dependent equipment is permanently attached to the appliance as a pump-out unit.
      (e) Persons who maintain, service, repair, or dispose of only appliances that they own and that contain pump-out units are exempt from the requirement to use certified, self-contained recovery and/or recycling equipment.
      (f) All recovery and/or recycling equipment must be used in accordance with the manufacturer's directions unless such directions conflict with the requirements of this subpart.
      (g) Refrigerant may be returned to the appliance from which it is recovered or to another appliance owned by the same person without being recycled or reclaimed, unless the appliance is an MVAC or MVAC-like appliance.
	(h) [Reserved]
	(i) The provisions in this paragraph (i) of this section apply to owners and operators of appliances containing more than 50 pounds of class I and class II refrigerants only until [18 MONTHS FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER]. The appliance maintenance and leak repair provisions in §82.157 apply as of [18 MONTHS FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER].
      (1) Owners or operators of commercial refrigeration equipment normally containing more than 50 pounds of refrigerant must have leaks repaired in accordance with paragraph (i)(9) of this section, if the appliance is leaking at a rate such that the loss of refrigerant will exceed 35 percent of the total charge during a 12-month period, except as described in paragraphs (i)(6), (i)(8), and (i)(10) of this section and paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this section. Repairs must bring the annual leak rate to below 35 percent. 
      (i) If the owners or operators of the federally-owned commercial refrigerant appliances determine that the leaks cannot be repaired in accordance with paragraph (i)(9) of this section and that an extension in accordance with the requirements discussed in this paragraph (i)(1)(i) of this section apply, they must document all repair efforts, and notify EPA of their inability to comply within the 30-day repair requirement, and the reason for the inability must be submitted to EPA in accordance with §82.166(n). Such notification must be made within 30 days of discovering the leaks. EPA will determine if the extension requested in accordance with the requirements discussed in paragraph (i)(1)(i) of this section is justified. If the extension is not justified, EPA will notify the owner/operator within 30 days of receipt of the notification. 
      (ii) Owners or operators of federally-owned commercial refrigeration equipment may have more than 30 days to repair leaks if the refrigeration appliance is located in an area subject to radiological contamination or where the shutting down of the appliance will directly lead to radiological contamination. Only the additional time needed to conduct and complete repairs in a safe working environment will be permitted.
      (iii) Owners or operators of federally-owned commercial refrigeration equipment requesting or who are granted time extensions under this paragraph must comply with paragraphs (i)(3) and (i)(4) of this section. 
      (2) The owners or operators of industrial process refrigeration equipment normally containing more than 50 pounds of refrigerant must have leaks repaired if the appliance is leaking at a rate such that the loss of refrigerant will exceed 35 percent of the total charge during a 12-month period in accordance with paragraph (i)(9) of this section, except as described in paragraphs (i)(6), (i)(7) and (i)(10) of this section, and paragraphs (i)(2)(i) and (i)(2)(ii) of this section. Repairs must bring annual leak rates to below 35 percent during a 12-month period. If the owners or operators of the industrial process refrigeration equipment determine that the leak rate cannot be brought to below 35 percent during a 12-month period within 30 days (or 120 days, where an industrial process shutdown in accordance with paragraph (i)(2)(ii) of this section is required,) and in accordance with paragraph (i)(9) of this section, and that an extension in accordance with the requirements discussed in this paragraph apply, the owners or operators of the appliance must document all repair efforts, and notify EPA of the reason for the inability in accordance with §82.166(n) within 30 days of making this determination. Owners or operators who obtain an extension pursuant to this section or elect to utilize the additional time provided in paragraph (i)(2)(i) of this section, must conduct all necessary leak repairs, if any, that do not require any additional time beyond the initial 30 or 120 days. 
      (i) The owners or operators of industrial process refrigeration equipment are permitted more than 30 days (or 120 days where an industrial process shutdown in accordance with paragraph (i)(2)(ii) of this section is required) to repair leaks, if the necessary parts are unavailable or if requirements of other applicable federal, state, or local regulations make a repair within 30 or 120 days impossible. Only the additional time needed to receive delivery of the necessary parts or to comply with the pertinent regulations will be permitted. 
      (ii) Owners or operators of industrial process refrigeration equipment will have a 120-day repair period, rather than a 30-day repair period, to repair leaks in instances where an industrial process shutdown is needed to repair a leak or leaks from industrial process refrigeration equipment. 
      (3) Owners or operators of industrial process refrigeration equipment and owners or operators of federally-owned commercial refrigeration equipment or of federally-owned comfort cooling appliances who are granted additional time under paragraphs (i)(1) or (i)(5) of this section, must have repairs performed in a manner that sound professional judgment indicates will bring the leak rate below the applicable allowable leak rate. When an industrial process shutdown has occurred or when repairs have been made while an appliance is mothballed, the owners or operators shall conduct an initial verification test at the conclusion of the repairs and a follow-up verification test. The follow-up verification test shall be conducted within 30 days of completing the repairs or within 30 days of bringing the appliance back on-line, if taken off-line, but no sooner than when the appliance has achieved normal operating characteristics and conditions. When repairs have been conducted without an industrial process shutdown or system mothballing, an initial verification test shall be conducted at the conclusion of the repairs, and a follow-up verification test shall be conducted within 30 days of the initial verification test. In all cases, the follow-up verification test shall be conducted at normal operating characteristics and conditions, unless sound professional judgment indicates that tests performed at normal operating characteristics and conditions will produce less reliable results, in which case the follow-up verification test shall be conducted at or near the normal operating pressure where practicable, and at or near the normal operating temperature where practicable.
      (i) If the owners or operators of industrial process refrigeration equipment takes the appliance off-line, or if the owners or operators of federally-owned commercial refrigeration or of federally-owned comfort cooling appliances who are granted additional time under paragraphs (i)(1) or (i)(5) of this section take the appliance off-line, they cannot bring the appliance back on-line until an initial verification test indicates that the repairs undertaken in accordance with paragraphs (i)(1)(i), (ii), (iii), or (i)(2)(i) and (ii), or (5)(i), (ii), and (iii) of this section have been successfully completed, demonstrating the leak or leaks are repaired. The owners or operators of the industrial process refrigeration equipment, federally-owned commercial refrigeration appliances, or federally-owned comfort cooling appliances are exempted from this requirement only where the owners or operators will retrofit or retire the industrial process refrigeration equipment, federally-owned commercial refrigeration appliance, or federally-owned comfort cooling appliance in accordance with paragraph (i)(6) of this section. Under this exemption, the owner or operators may bring the industrial process refrigeration equipment, federally-owned commercial refrigeration appliance, or federally-owned comfort cooling appliance back on-line without successful completion of an initial verification test.
      (ii) If the follow-up verification test indicates that the repairs to industrial process refrigeration equipment, federally-owned commercial refrigeration equipment, or federally-owned comfort cooling appliances have not been successful, the owner or operator must retrofit or retire the equipment in accordance with paragraph (i)(6) and any such longer time period as may apply under paragraphs (i)(7)(i), (ii) and (iii) or (i)(8)(i) and (ii) of this section. The owners and operators of the industrial process refrigeration equipment, federally-owned commercial refrigeration equipment, or federally-owned comfort cooling appliances are relieved of this requirement if the conditions of paragraphs (i)(3)(iv) and/or (i)(3)(v) of this section are met. 
      (iii) The owner or operator of industrial process refrigeration equipment that fails a follow-up verification test must notify EPA within 30 days of the failed follow-up verification test in accordance with §82.166(n). 
      (iv) The owner or operator is relieved of the obligation to retrofit or replace the industrial process refrigeration equipment as discussed in paragraph (i)(6) of this section if second repair efforts to fix the same leaks that were the subject of the first repair efforts are successfully completed within 30 days or 120 days where an industrial process shutdown is required, after the initial failed follow-up verification test. The second repair efforts are subject to the same verification requirements of paragraphs (i)(3), (i)(3) (i) and (ii) of this section. The owner or operator is required to notify EPA within 30 days of the successful follow-up verification test in accordance with §82.166(n) and the owner or operator is no longer subject to the obligation to retrofit or replace the appliance that arose as a consequence of the initial failure to verify that the leak repair efforts were successful. 
      (v) The owner or operator of industrial process refrigeration equipment is relieved of the obligation to retrofit or replace the equipment in accordance with paragraph (i)(6) of this section if within 180 days of the initial failed follow-up verification test, the owner or operator establishes that the appliance's annual leak rate does not exceed the applicable allowable annual leak rate, in accordance with paragraph (i)(4) of this section. If the appliance's owner or operator establishes that the appliance's annual leak rate does not exceed the applicable allowable annual leak rate, the owner or operator is required to notify EPA within 30 days of that determination in accordance with §82.166(n) and the owner or operator would no longer be subject to the obligation to retrofit or replace the equipment that arose as a consequence of the initial failure to verify that the leak repair efforts were successful. 
      (4) In the case of a failed follow-up verification test subject to paragraph (i)(3)(v) of this section, the determination of whether industrial process refrigeration equipment has an annual leak rate that exceeds the applicable allowable annual leak rate will be made in accordance with parameters identified by the owner or operator in its notice to EPA regarding the failure of the initial follow-up verification test, if those parameters are acceptable to EPA; otherwise by parameters selected by EPA. The determination must be based on the full charge for the affected industrial process refrigeration equipment. The leak rate determination parameters in the owner's or operator's notice will be considered acceptable unless EPA notifies the owners or operators within 30 days of receipt of the notice. Where EPA does not accept the parameters identified by the owner or operator in its notice, EPA will not provide additional time beyond the additional time permitted in paragraph (i)(3)(v) of this section unless specifically stated in the parameters selected by EPA. 
      (5) Owners or operators of comfort cooling appliances normally containing more than 50 pounds of refrigerant and not covered by paragraph (i)(1) or (i)(2) of this section must have leaks repaired in accordance with paragraph (i)(9) of this section if the appliance is leaking at a rate such that the loss of refrigerant will exceed 15 percent of the total charge during a 12-month period, except as described in paragraphs (i)(6), (i)(8) and (i)(10) of this section and paragraphs (i)(5)(i), (i)(5)(ii) and (i)(5)(iii) of this section. Repairs must bring the annual leak rate to below 15 percent. 
      (i) If the owners or operators of federally-owned comfort-cooling appliances determine that the leaks cannot be repaired in accordance with paragraph (i)(9) of this section and that an extension in accordance with the requirements discussed in paragraph (i)(5) of this section apply, they must document all repair efforts, and notify EPA of their inability to comply within the 30-day repair requirement, and the reason for the inability must be submitted to EPA in accordance with §82.166(n). Such notification must be made within 30 days of discovering that leak repair efforts cannot be completed within 30 days. 
      (ii) Owners or operators of federally-owned comfort-cooling appliances may have more than 30 days to repair leaks where the refrigeration appliance is located in an area subject to radiological contamination or where the shutting down of the appliance will directly lead to radiological contamination. Only the additional time needed to conduct and complete work in a safe environment will be permitted. 
      (iii) Owners or operators of federally-owned comfort-cooling appliances requesting, or who are granted, time extensions under this paragraph must comply with paragraphs (i)(3) and (i)(4) of this section. 
      (6) Owners or operators are not required to repair leaks as provided in paragraphs (i)(1), (i)(2), and (i)(5) of this section if, within 30 days of discovering a leak greater than the applicable allowable leak rate, or within 30 days of a failed follow-up verification test, or after making good faith efforts to repair the leaks as described in paragraph (i)(6)(i) of this section, they develop a one-year retrofit or retirement plan for the leaking appliance. Owners or operators who decide to retrofit the appliance must use a refrigerant or substitute with a lower or equivalent ozone-depleting potential than the previous refrigerant and must include such a change in the retrofit plan. Owners or operators who retire and replace the appliance must replace the appliance with an appliance that uses a refrigerant or substitute with a lower or equivalent ozone-depleting potential and must include such a change in the retirement plan. The retrofit or retirement plan (or a legible copy) must be kept at the site of the appliance. The original plan must be made available for EPA inspection upon request. The plan must be dated, and all work performed in accordance with the plan must be completed within one year of the plan's date, except as described in paragraphs (i)(6)(i), (i)(7), and (i)(8) of this section. Owners or operators are temporarily relieved of this obligation if the appliance has undergone system mothballing as defined in §82.152.
      (i) If the owner or operator has made good faith efforts to repair leaks from the appliance in accordance with paragraphs (i)(1), (i)(2), or (i)(5) of this section and has decided prior to completing a follow-up verification test, to retrofit or retire the appliance in accordance with paragraph (i)(6) of this section, the owner or operator must develop a retrofit or retirement plan within 30 days of the decision to retrofit or retire the appliance. The owner or operator must complete the retrofit or retirement of the appliance within one year and 30 days of when the owner or operator discovered that the leak rate exceeded the applicable allowable leak rate, except as provided in paragraphs (i)(7) and (i)(8) of this section. 
      (ii) In all cases, subject to paragraph (i)(6)(i) of this section, the written plan shall be prepared no later than 30 days after the owner or operator has determined to proceed with retrofitting or retiring the appliance. All reports required under §82.166(o) shall be due at the time specified in the paragraph imposing the specific reporting requirement, or no later than 30 days after the decision to retrofit or retire the appliance, whichever is later. 
      (iii) In cases where the owner or operator of industrial process refrigeration equipment has made good faith efforts to retrofit or retire industrial process refrigeration equipment prior to August 8, 1995, and where these efforts are not complete, the owner or operator must develop a retrofit or retirement plan that will complete the retrofit or retirement of the affected appliance by August 8, 1996. This plan (or a legible copy) must be kept at the site of the appliance. The original must be made available for EPA inspection upon request. Where the conditions of paragraphs (i)(7) and (i)(8) of this section apply, and where the length of time necessary to complete the work is beyond August 8, 1996, all records must be submitted to EPA in accordance with §82.166(o), as well as maintained on-site. 
      (7) The owners or operators of industrial process refrigeration equipment will be allowed additional time to complete the retrofit or retirement of industrial process refrigeration equipment if the conditions described in paragraphs (i)(7)(i) or (i)(7)(ii) of this section are met. The owners or operators of industrial process refrigeration equipment will be allowed additional time beyond the additional time provided in paragraph (i)(7)(ii) of this section if the conditions described in paragraph (i)(7)(iii) of this section are met. 
      (i) Additional time, to the extent reasonably necessary will be allowed for retrofitting or retiring industrial process refrigeration equipment due to delays occasioned by the requirements of other applicable federal, state, or local laws or regulations, or due to the unavailability of a suitable replacement refrigerant with a lower ozone depletion potential. If these circumstances apply, the owner or operator of the facility must notify EPA within six months after the 30-day period following the discovery of an exceedance of the 35 percent leak rate. Records necessary to allow EPA to determine that these provisions apply and the length of time necessary to complete the work must be submitted to EPA in accordance with §82.166(o), as well as maintained on-site. EPA will notify the owner or operator of its determination within 60 days of receipt the submittal. 
      (ii) An additional one-year period beyond the initial one-year retrofit period is allowed for industrial process refrigeration equipment where the following criteria are met: 
      (A) The new or the retrofitted industrial process refrigerant equipment is custom-built; 
      (B) The supplier of the appliance or one or more of its critical components has quoted a delivery time of more than 30 weeks from when the order is placed; 
      (C) The owner or operator notifies EPA within six months of the expiration of the 30-day period following the discovery of an exceedance of the 35 percent leak rate to identify the owner or operator, describe the appliance involved, explain why more than one year is needed, and demonstrate that the first two criteria are met in accordance with §82.166(o); and 
      (D) The owner or operator maintains records that are adequate to allow a determination that the criteria are met. 
      (iii) The owners or operators of industrial process refrigeration equipment may request additional time to complete retrofitting or retiring industrial process refrigeration equipment beyond the additional one-year period if needed and where the initial additional one year was granted in accordance with paragraph (i)(7)(ii) of this section. The request shall be submitted to EPA before the end of the ninth month of the first additional year and shall include revisions of information required under §82.166(o). Unless EPA objects to this request submitted in accordance with §82.166(o) within 30 days of receipt, it shall be deemed approved. 
      (8) Owners or operators of federally-owned commercial or comfort-cooling appliances will be allowed an additional year to complete the retrofit or retirement of the appliances if the conditions described in paragraph (i)(8)(i) of this section are met, and will be allowed one year beyond the additional year if the conditions in paragraph (i)(8)(ii) of this section are met. 
      (i) Up to one additional one-year period beyond the initial one-year retrofit period is allowed for such equipment where the following criteria are met: 
      (A) Due to complications presented by the federal agency appropriations and/or procurement process, a delivery time of more than 30 weeks from the beginning of the official procurement process is quoted, or where the appliance is located in an area subject to radiological contamination and creating a safe working environment will require more than 30 weeks; 
      (B) The operator notifies EPA within six months of the expiration of the 30-day period following the discovery of an exceedance of the applicable allowable annual leak rate to identify the operator, describe the appliance involved, explain why more than one year is needed, and demonstrate that the first criterion is met in accordance with §82.166(o); and 
      (C) The operator maintains records adequate to allow a determination that the criteria are met. 
      (ii) The owners or operators of federally-owned commercial or comfort-cooling appliances may request additional time to complete retrofitting, replacement or retiring such appliances beyond the additional one-year period if needed and where the initial additional one year was granted in accordance with paragraph (i)(8)(i) of this section. The request shall be submitted to EPA before the end of the ninth month of the first additional year and shall include revisions of information earlier submitted as required under §82.166(o). Unless EPA objects to this request submitted in accordance with §82.166(o) within 30 days of receipt, it shall be deemed approved. 
      (9) Owners or operators must repair leaks pursuant to paragraphs (i)(1), (i)(2) and (i)(5) of this section within 30 days after discovery, or within 30 days after when the leaks should have been discovered if the owners intentionally shielded themselves from information which would have revealed a leak, unless granted additional time pursuant to §82.156(i). 
      (10) The amount of time for owners and operators to complete repairs, retrofit plans or retrofits/replacements/ retirements under paragraphs (i)(1), (i)(2), (i)(5), (i)(6), (i)(7), (i)(8), and (i)(9) of this section is temporarily suspended at the time an appliance is mothballed as defined in §82.152. The time for owners and operators to complete repairs, retrofit plans, or retrofits/replacements will resume on the day the appliance is brought back on-line and is no longer considered mothballed. All initial and follow-up verification tests must be performed in accordance with paragraphs (i)(3), (i)(3)(i), and (i)(3)(ii) of this section. 
      (11) In calculating annual leak rates, purged refrigerant that is destroyed at a verifiable destruction efficiency of 98 percent or greater will not be counted toward the leak rate. Owners or operators destroying purged refrigerants must maintain information as set forth in §82.166(p)(1) and submit to EPA, within 60 days after the first time such exclusion is used by that facility, information set forth in §82.166(p)(2).
      
§82.157   Appliance maintenance and leak repair.
      (a) Applicability. This section applies as of [18 MONTHS FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER]. This section applies only to appliances with a full charge of 50 or more pounds of refrigerant. Unless otherwise specified, the requirements of this section apply to the owner or operator of the appliance. 
      (b) Leak Inspections. (1) Commercial refrigeration and industrial process refrigeration equipment with a full charge of 500 or more pounds of refrigerant must be inspected for leaks once every three months.
      (i) Such equipment may be inspected once per year if no refrigerant has been added in the past 365 days (excluding refrigerant added for seasonal variances). The equipment may continue to be inspected once per year if no refrigerant has been added in the past 365 days (excluding refrigerant added for seasonal variances).
      (ii) If refrigerant is added to an appliance that is on an annual leak inspection schedule under paragraph (b)(1)(i) of this section, the appliance owner or operator must resume quarterly leak inspections.
      (2) Commercial refrigeration and industrial process refrigeration equipment with a full charge of 50 or more pounds but less than 500 pounds of refrigerant must be inspected for leaks once per year. 
      (3) Comfort cooling appliances or other appliances not covered by subparagraphs (1) or (2) with a full charge of 50 or more pounds of refrigerant must be inspected for leaks once per year.
      (4) Quarterly or annual leak inspections as described in paragraph (b)(1)-(3) of this section are not required on appliances continuously monitored by an automatic leak detection system that is audited and calibrated annually. An automatic leak detection system may directly detect refrigerant in air, monitor its surrounding in a manner other than detecting refrigerant concentrations in air, or monitor conditions of the appliance.
      (i) For systems that directly detect the presence of a refrigerant in air, the system must: 
      (A) Only be used on systems where the entire appliance or the compressor, evaporator, condenser, or other component with a high potential to leak is located inside an enclosed building or structure;
      (B) Have sensors or intakes placed so that they will continuously monitor the refrigerant concentrations in air in proximity to the compressor, evaporator, condenser, and other areas with a high potential for a refrigerant leak;
      (C) Accurately detect a concentration level of 10 parts per million of vapor of the specific refrigerant or refrigerants used in the refrigeration appliance(s); and
      (D) Alert the owner or operator when a refrigerant concentration of 100 parts per million of vapor of the specific refrigerant or refrigerants used in the refrigeration appliance(s) is reached. 
      (ii) For a system that monitors its surrounding in a manner other than detecting refrigerant concentrations in air or monitor conditions of the appliance, the system must automatically alert the owner or operator when measurements indicate a loss of 50 pounds of refrigerant or 10 percent of the full charge, whichever is less.
      (5) Owners or operators of federally-owned appliances may submit a request to EPA at the address specified in paragraph (m) of this section to conduct leak inspections less frequently than described in paragraphs (b)(1)-(3) of this section. The frequency of inspections cannot be less than one inspection every three years. The request will be considered approved unless EPA notifies the owner or operator of the appliance within 60 days of receipt of the request that it has been disapproved. Requests must include an alternate leak inspection schedule and demonstrate that:
      (i) The appliance has a history of minimal leakage;
      (ii) The appliance is remotely located or is otherwise difficult to access for routine maintenance; and
      (iii) Use of automatic leak detection equipment is not practical.
      (c) Leak Rate Calculation. Persons adding or removing refrigerant from an appliance must, upon conclusion of that service, provide the owner or operator with documentations that meets the requirements of paragraph (l)(4) of this section. The leak rate must be calculated every time refrigerant is added to an appliance unless the addition is made immediately following a retrofit, installation of a new appliance, or qualifies as a seasonal variance.
       (d) Requirement to Address Significant Leaks through Appliance Repair, or Retrofitting or Retiring an Appliance. (1) Appliances with a leak rate over the applicable leak rate in paragraph (d)(2) of this section must be repaired in accordance with paragraphs (e)-(g) of this section unless the owner elects to retrofit or retire the appliance in compliance with paragraphs (h) and (i) of this section. If the owner or operator elects to repair leaks, but fails to successfully comply with paragraphs (e)-(g) of this section, the owner or operator must create and implement a retrofit or retirement plan in accordance with paragraphs (h) and (i) of this section.
      (2) Applicable Leak Rates:
      (i) 20 percent leak rate for commercial refrigeration equipment;
      (ii) 20 percent leak rate for industrial process refrigeration equipment; and
      (iii) 10 percent leak rate for comfort cooling appliances or other appliances with a full charge of 50 or more pounds of refrigerant not covered by (2)(i) or (ii) of this subsection.
      (e) Appliance Repair. All leaks must be identified and repaired in accordance with this paragraph within 30 days (or 120 days if an industrial process shutdown is required) of an appliance exceeding the applicable leak rate in paragraph (d) of this section.
      (1) A leak inspection must be conducted to identify the location of leaks.
      (2) All identified leaks must be repaired such that there are no longer any detectable leaks, as documented by an initial and follow-up verification test or tests.
      (f) Verification tests. Initial and follow-up verification tests are required on each identified leak required to be repaired in §82.157(e).
      (1) Initial verification test. Unless granted additional time, an initial verification test must be performed within 30 days (or 120 days if an industrial process shutdown is required) of an appliance exceeding the applicable leak rate in paragraph (d) of this section. An initial verification test must demonstrate that all identified leaks on the appliance are repaired.
      (i) For repairs that can be completed without the need to open or evacuate the appliance, the test must be performed as soon as practicable after the conclusion of the repair work and before any additional refrigerant is added to the appliance. 
      (ii) For repairs that require the evacuation of the appliance or portion of the appliance, the test must be performed before adding any refrigerant to the appliance. 
      (iii) If the initial verification test indicates that the repairs have not been successful, the owner or operator may conduct as many additional repairs and initial verification tests as needed within the applicable time period.
      (2) Follow-up verification test. A follow-up verification test must be performed within 10 days of the successful initial verification test or 10 days of the appliance reaching normal operating characteristics and conditions (if appliance or isolated component was evacuated for the repair(s)). 
      (i) A follow-up verification test must demonstrate that all identified leaks on the appliance are repaired. If the follow-up verification test indicates that the repairs have not been successful, the owner or operator may conduct as many additional repairs and follow-up verification tests as needed within the applicable time period.
       (g) Extensions to the appliance repair deadlines in paragraphs (e)-(g) of this section. The timeframes in paragraphs (e)-(g) of this section are temporarily suspended when an appliance is mothballed. The time will resume on the day additional refrigerant is added to the appliance (or component of an appliance if the leaking component was isolated). Additionally, owners or operators may request more than 30 days (or 120 days if an industrial process shutdown is required) to comply with paragraphs (e) and (f) of this section if they meet the requirements of (1) through (4) of this paragraph. The request will be considered approved unless EPA notifies the owners or operators within 30 days of receipt of the request.
      (1) One or more of the following conditions applies:
      (i) The appliance is located in an area subject to radiological contamination or shutting down the appliance will directly lead to radiological contamination. Additional time is permitted to the extent needed to conduct and finish repairs in a safe working environment.
      (ii) Requirements of other applicable Federal, state, or local regulations make a repair within 30 days (or 120 days if an industrial process shutdown is required) impossible. Additional time is permitted to the extent needed to comply with the pertinent regulations. 
      (iii) Necessary parts are unavailable. Additional time is permitted up to 30 days after receiving delivery of the necessary parts, not to exceed 180 days (or 270 days if an industrial process shutdown is required) from the date the appliance exceeded the applicable leak rate. 
      (2) All repairs that do not require additional time must be completed and verified within the initial 30 day repair period (or 120 day repair period if an industrial process shutdown is required);
	(3) The owner or operator must document all repair efforts and the reason for the inability to make the repair within the initial 30 day repair period (or 120 day repair period if an industrial process shutdown is required); and
	(4) The owner or operator must request an extension from EPA at the address specified in paragraph (m) of this section within 30 days (or 120 days if an industrial process shutdown is required) of the appliance exceeding the applicable leak rate in paragraph (d) of this section. Requests must include: Identification and address of the facility; the name of the owner or operator of the appliance; the leak rate; the method used to determine the leak rate and full charge; the date the appliance exceeded the applicable leak rate; the location of leak(s) to the extent determined to date; any repair work that has been performed thus far, including the date that work was completed; the reasons why more than 30 days (or 120 days if an industrial process shutdown is required) are needed to complete the repair; and an estimate of when the work will be completed. If the estimated completion date is to be extended, a new estimated date of completion and documentation of the reason for that change must be submitted to EPA within 30 days. The owner or operator must keep a dated copy of this submission.
      (h) Retrofit or retirement plans. The retrofit or retirement plan must be signed by an authorized company official, dated, accessible at the site of the appliance in paper copy or electronic format, and available for EPA inspection upon request. 
      (1) A retrofit or retirement plan must be created within 30 days of: 
      (i) discovering that an appliance is leaking above the applicable leak rate in paragraph (d) of this section if the owner or operator intends to retrofit or retire rather than repair the leak; or
      (ii) failing to comply with paragraphs (e) and (f) of this section. 
      (2) A retrofit or retirement plan must, at a minimum, contain the following information:
      (i) Identification and location of the appliance; 
      (ii) Type and full charge of the refrigerant used in the appliance; 
      (iii) Type and full charge of the refrigerant to which the appliance will be converted, if retrofitted; 
      (iv) Itemized procedure for converting the appliance to a different refrigerant, including changes required for compatibility with the new substitute, if retrofitted; 
      (v) Plan for the disposition of recovered refrigerant; 
      (vi) Plan for the disposition of the appliance, if retired; and
      (vii) A schedule, not to exceed one-year, for completion of the appliance retrofit or retirement.
      (3) Unless granted additional time, all work performed in accordance with the plan must be finished within one year of the plan's date (not to exceed 13 months from when the plan was required in paragraph (h)(1) of this section).
      (4) All identified leaks must be repaired as part of any retrofit under such a plan.
      (i) Extensions to the one-year retrofit or retirement schedule. The timeframes in paragraphs (h) and (i) of this section are temporarily suspended when an appliance is mothballed. The time will resume on the day additional refrigerant is added to the appliance (or component of an appliance if the leaking component was isolated). Additionally, owners or operators may request more than one year to comply with paragraphs (h) and (i) of this section if they meet the requirements of this paragraph. The request will be considered approved unless EPA notifies the owners or operators within 60 days of receipt of the request. The request must be submitted to EPA at the address specified in §82.157(m) within seven months of discovering the appliance exceeded the applicable leak rate. The request must include the identification of the appliance; name of the owner or operator; the leak rate; the method used to determine the leak rate and full charge; the date the appliance exceeded the applicable leak rate; the location of leaks(s) to the extent determined to date; any repair work that has been finished thus far, including the date that work was finished; a plan to finish the retrofit or retirement of the appliance; the reasons why more than one year is necessary to retrofit or retire the appliance; the date of notification to EPA; and an estimate of when retrofit or retirement work will be finished. A dated copy of the request must be available on-site in either electronic or paper copy. If the estimated completion date is to be revised, a new estimated date of completion and documentation of the reason for that change must be submitted to EPA at the address specified in §82.157(m) within 30 days. 
      (1) Extensions available to any appliance. Owners or operators of commercial refrigeration, industrial process refrigeration, comfort-cooling, or other equipment are automatically allowed 18 months to retire an appliance if the replacement uses a refrigerant exempt from the venting prohibition in §82.154(a). 
      (2) Extensions available to industrial process refrigeration. Owners or operators of industrial process refrigeration equipment may request additional time beyond the one-year period in paragraph (h) of this section to finish the retrofit or retirement under the following circumstances.
      (i) Requirements of other applicable Federal, state, or local regulations make a retrofit or retirement within one year impossible. Additional time is permitted to the extent needed to comply with the pertinent regulations; or
      (ii) The new or the retrofitted equipment is custom-built as defined in this subpart and the supplier of the appliance or one of its components has quoted a delivery time of more than 30 weeks from when the order is placed. The appliance or appliance components must be installed within 120 days after receiving delivery of the necessary parts.
       (3) Extensions available to Federally-owned equipment. Owners or operators of Federally-owned commercial or comfort-cooling equipment may request an additional year beyond the one-year period in paragraph (h) of this section to finish the retrofit or retirement under the following circumstances: 
      (i) A delivery time of more than 30 weeks from the beginning of the official procurement process is quoted due to complications presented by the Federal agency appropriations and/or procurement process;
      (ii) The appliance is located in an area subject to radiological contamination and creating a safe working environment will require more than 30 weeks; or
      (iii) After receiving a one-year extension under subparagraphs (i)(3)(i) or (ii) of this section, additional time is necessary to finish the retrofit or retirement of equipment. The request must be submitted to EPA before the end of the ninth month of the one-year extension and must include the same information submitted for that one-year extension, with any necessary revisions. A dated copy of the request must be available on-site in either electronic or paper copy. The request will be considered approved unless EPA notifies the owners or operators within 60 days of receipt of the request.
      (j) Two-year leak limit. Appliances containing 50 pounds or more of refrigerant are prohibited from leaking more than 75 percent of the full charge in each of two consecutive twelve-month periods. Under paragraph (c) of this section, the leak rate must be calculated every time refrigerant is added to an appliance. By the end of the second twelve-month period, appliances that exceed this limit must be retired or mothballed until retired.
      (k) Purged refrigerant. In calculating annual leak rates, purged refrigerant that is destroyed at a verifiable destruction efficiency of 98 percent or greater will not be counted toward the leak rate. 
      (l) Recordkeeping. All records identified in this paragraph must be kept for at least three years in electronic or paper format. 
      (1) Owners or operators must keep records of leak inspections that include the date of inspection, the method used to conduct the leak inspection, a list of the location of each leak that was identified, and a certification that all visible parts of the appliance were inspected.
      (2) If using an automatic leak detection system, the owner or operator must maintain records regarding the installation and the annual audit and calibration of the system. They also must keep a record of each date the monitoring system identified a leak and the location of the leak. 
      (3) Owners or operators must determine the full charge of all appliances with 50 or more pounds of refrigerant (as defined in §82.152), and maintain the following information for each appliance: 
      (i) the identification of the owner or operator of the appliance; 
      (ii) the address where the appliance is located;
      (iii) the full charge of the appliance and the method for how the full charge was determined;
      (iv) the range for the full charge of the appliance, its midpoint, and how the range was determined (if using method 4, as defined in §82.152, for determining full charge); 
      (v) any revisions of the full charge and how they were determined; and 
      (vi) the dates such revisions occurred.
      (4) Owners or operators are required to maintain a record including the following information for each time an appliance with a full charge of 50 or more pounds is maintained, serviced, repaired, or disposed of, when applicable. If the maintenance, service, repair, or disposal is done by someone other than the owner, that person must provide a record containing the following information to the owner or operator, when applicable:
      (i) the identity and location of the appliance; 
      (ii) the date of the maintenance, service, repair, or disposal performed;
      (iii) the part(s) of the appliance being serviced and for each part, the type of maintenance, service, repair, or disposal performed; 
      (iv) the name of the person performing the maintenance, service, repair or disposal; 
      (v) the amount and type of refrigerant added to or removed from the appliance;
      (vi) the full charge of the appliance; and
      (vii) the leak rate and the method used to determine the leak rate (not applicable when disposing of the appliance, following a retrofit, installation of a new appliance, or if the refrigerant addition qualifies as a seasonal variance).
      (5) Owners or operators must maintain records of the dates and results of all initial and follow-up verification tests. Records must include at minimum the location of the appliance, the date of the verification test or tests, the location of all repaired leaks that were tested, the type of verification test used, and the results of those tests.
      (6) Owners or operators must maintain retrofit or retirement plans developed in accordance with paragraph (h) of this section.
      (7) Owners or operators must maintain retrofit and/or extension requests submitted to EPA in accordance with paragraph (i) of this section. 
      (8) Owners or operators that suspend the deadlines in this section by mothballing an appliance must keep records documenting when the appliance was mothballed and when additional refrigerant was added to the appliance (or isolated component).
      (9) Owners or operators who exclude purged refrigerants that are destroyed from annual leak rate calculations must maintain records to support the amount of refrigerant claimed as sent for destruction. Records must be based on a monitoring strategy that provides reliable data to demonstrate that the amount of refrigerant claimed to have been destroyed is not greater than the amount of refrigerant actually purged and destroyed and that the 98 percent or greater destruction efficiency is met. Records must include flow rate, quantity or concentration of the refrigerant in the vent stream, and periods of purge flow. Records must include:
      (i) the identification of the facility and a contact person, including the address and telephone number; 
      (ii) A description of the appliance, focusing on aspects relevant to the purging of refrigerant and subsequent destruction; 
      (iii) A description of the methods used to determine the quantity of refrigerant sent for destruction and type of records that are being kept by the owners or operators where the appliance is located; 
      (iv) The frequency of monitoring and data-recording; and 
      (v) A description of the control device, and its destruction efficiency.
      (10) Owners or operators that exclude additions of refrigerant due to seasonal variance from their leak rate calculation must maintain records in accordance with paragraph (c) of this section.
      (11) Owners or operators that submit reports to EPA in accordance with paragraph (m) of this section, must maintain copies of the submitted reports and any responses from EPA.
      (12) Owners or operators of federally-owned appliances that request an alternate leak inspection schedule in accordance with paragraph (b)(5) of this section must maintain copies of the submitted requests and all responses from EPA until three years after the less frequent leak inspection schedule is no longer being followed.
      (m) Reporting. All notifications must be submitted electronically to 608reports@epa.gov unless the notification contains confidential business information. If the notification contains confidential business information, the information should be submitted to: Section 608 Program Manager; Stratospheric Protection Division; Mail Code: 6205T; U.S. Environmental Protection Agency; 1200 Pennsylvania Avenue, NW.; Washington, DC 20460.
      (1) Owners or operators must notify EPA at this address in accordance with paragraph (b)(5) of this section when seeking an alternate leak inspection schedule.
      (2) Owners or operators must notify EPA at this address in accordance with paragraph (g) of this section when seeking an extension of time to complete repairs.
      (3) Owners or operators must notify EPA at this address in accordance with paragraph (i) of this section when seeking an extension of time to complete the retrofit or retirement of an appliance.
      (4) When excluding purged refrigerants that are destroyed from annual leak rate calculations, owners or operators must notify EPA at this address within 60 days after the first time the exclusion is used by the facility where the appliance is located. The report must include the information included in paragraph (l)(9) of this section.

§82.158   Standards for recovery and/or recycling equipment.
      (a) No person may manufacture or import recovery and/or recycling equipment for use during the maintenance, service, repair, or disposal of appliances unless the equipment is certified in accordance with this section.
      (b) No person may alter the design of certified refrigerant recovery and/or recycling equipment in a way that would affect the equipment's ability to meet the certification standards in this section without resubmitting the altered design for certification testing. Until it is tested and shown to meet the certification standards in this section, equipment so altered will be considered uncertified.
      (c) Recovery and/or recycling equipment manufactured or imported before November 15, 1993, intended for use during the maintenance, service, repair, or disposal of appliances (except small appliances, MVACs, and MVAC-like appliances) will be considered certified if it is capable of achieving the level of evacuation specified in Table 2 of this section when tested using a properly calibrated pressure gauge.
      (d) Manufacturers and importers of recovery and/or recycling equipment must have such equipment certified by an approved equipment testing organization as follows: 
      (1) Recovery and/or recycling equipment manufactured or imported on or after November 15, 1993, and before September 22, 2003, intended for use during the maintenance, service, repair, or disposal of appliances (except small appliances, MVACs, and MVAC-like appliances) must be certified by an approved equipment testing organization as being capable of achieving the level of evacuation specified in Table 2 of this section under the conditions of appendix B1 of this subpart (based upon the ARI Standard 740-1993, Performance of Refrigerant Recovery, Recycling and/or Reclaim Equipment). 
      (2) Recovery and/or recycling equipment manufactured or imported on or after September 22, 2003, and before January 1, 2017, intended for use during the maintenance, service, repair, or disposal of appliances (except small appliances, MVACs, and MVAC-like appliances) must be certified by an approved equipment testing organization as being capable of achieving the level of evacuation specified in Table 2 of this section under the conditions of appendix B2 of this subpart (based upon the ARI Standard 740-1995, Performance of Refrigerant Recovery, Recycling and/or Reclaim Equipment).
      (3) Recovery and/or recycling equipment manufactured or imported on or after January 1, 2017, intended for use during the maintenance, service, repair, or disposal of appliances (except small appliances, MVACs, and MVAC-like appliances) must be certified by an approved equipment testing organization as being capable of achieving the level of evacuation specified in Table 2 of this section under the conditions of appendix B3 (for non-flammable refrigerants) or appendix B4 (for flammable refrigerants) of this subpart.
      
      
                                          
                                          
                                          
      
                                                                               
      
                                                                               
      
                                                                               
      
                                                                               
      
                                                                               
      
                                                                               



Table 2 -- Levels of Evacuation Which Must Be Achieved by Recovery and/or Recycling Equipment
         Except for small appliances, MVACs, and MVAC-like appliances.
Type of appliance with which recovery and/or recycling machine is intended to be used 
Inches of Hg vacuum (relative to standard atmospheric pressure of 29.9 inches Hg)
                                       
               Manufactured or imported before November 15, 1993
            Manufactured or imported on or after November 15, 1993
HCFC-22 appliances, or isolated component of such appliances, with a full charge of less than 200 pounds of refrigerant
0
0
HCFC-22 appliances, or isolated component of such appliances, with a full charge of 200 pounds or more of refrigerant
4
10
Very high-pressure appliances
0
0
Other high-pressure appliances, or isolated component of such appliances, with a full charge of less than 200 pounds of refrigerant
4
10
Other high-pressure appliances, or isolated component of such appliances, with a full charge of 200 pounds or more of refrigerant
4
15
Medium-pressure appliances, or isolated component of such appliances, with a full charge of less than 200 pounds of refrigerant
4
10
Medium-pressure appliances, or isolated component of such appliances, with a full charge of 200 pounds or more of refrigerant
4
15
Low-pressure appliances
25 mm Hg absolute
25 mm Hg absolute
      (4) Recovery and/or recycling equipment whose recovery efficiency cannot be tested according to the procedures in appendix B1, B2, B3, or B4 of this subpart as applicable may be certified if an approved third-party testing organization adopts and performs a test that demonstrates, to the satisfaction of the Administrator, that the recovery efficiency of that equipment is equal to or better than that of equipment that:
      (i) Is intended for use with the same type of appliance; and 
      (ii) Achieves the level of evacuation in Table 2. The manufacturer's instructions must specify how to achieve the required recovery efficiency, and the equipment must be tested when used according to these instructions. 
      (5) The equipment must meet the minimum requirements for certification under appendix B1, B2, B3, or B4 of this subpart as applicable. 
      (6) If the equipment is equipped with a noncondensables purge device, the equipment must not release more than 3 percent of the quantity of refrigerant being recycled through noncondensables purging under the conditions of appendix B1, B2, B3, or B4 of this subpart as applicable. 
      (7) The equipment must be equipped with low-loss fittings on all hoses.
      (8) The equipment must have its liquid recovery rate and its vapor recovery rate measured under the conditions of appendix B1, B2, B3, or B4 as applicable, unless the equipment has no inherent liquid or vapor recovery rate. 
                                          
                                          
                                          
                                          
      
                                                                               
      
                                                                               
      
                                                                               
      
                                                                               
      
                                                                               
      
                                                                               
      
      (e) Small Appliances. Equipment used during the maintenance, service, repair, or disposal of small appliances must be certified by an approved equipment testing organization to be capable of recovering 90% of the refrigerant in the test stand when the compressor of the test stand is operational and 80% of the refrigerant when the compressor of the test stand is not operational, when used in accordance with the manufacturer's instructions under the conditions of appendix C, Method for Testing Recovery Devices for Use with Small Appliances. 
      (1) Equipment manufactured or imported before November 15, 1993, will be considered certified if it is capable of either recovering 80% of the refrigerant in the system, whether or not the compressor of the test stand is operational, or achieving a four-inch vacuum when tested using a properly calibrated pressure gauge.
      (2) Equipment manufactured or imported on or after November 15, 1993, may also be certified if it is capable of achieving a four-inch vacuum under the conditions of appendix B1 of this subpart, based upon ARI Standard 740-1993.
      (3) Equipment manufactured or imported on or after September 22, 2003, and before January 1,  2017, may also be certified if it is capable of achieving a four-inch vacuum under the conditions of appendix B2 of this subpart, based upon ARI Standard 740-1995. 
      (4) Equipment manufactured or imported on or after January 1, 2017, may also be certified if it is capable of achieving a four-inch vacuum under the conditions of appendix B3 (for non-flammable refrigerants) or appendix B4 (for flammable refrigerants) of this subpart.
      (5) Equipment used to evacuate refrigerant from small appliances before they are disposed of may also be certified if it is capable of achieving a four-inch vacuum when tested using a properly calibrated pressure gauge.
      
      
      
      
      
      
      
      
      (f) MVAC-like appliances. (1) Manufacturers and importers of recovery and/or recycling equipment intended for use during the maintenance, service, repair, or disposal of MVAC-like appliances must certify such equipment in accordance with §82.36(a). 
      (2) Equipment manufactured or imported before November 15, 1993, intended for use during the maintenance, service, or repair of MVAC-like appliances must be capable of reducing the system pressure to 102 mm of mercury vacuum under the conditions of the SAE Standard, SAE J1990 (appendix A to 40 CFR part 82, subpart B).
      (g) MVACs. Equipment used to evacuate refrigerant from MVACs before they are disposed of must be certified in accordance with §82.36(a).
       (h) Labeling. Manufacturers and importers of equipment certified under paragraphs (d) and (e) of this section must place a label on each piece of equipment stating the following:
      THIS EQUIPMENT HAS BEEN CERTIFIED BY [APPROVED EQUIPMENT TESTING ORGANIZATION] TO MEET EPA's MINIMUM REQUIREMENTS FOR RECYCLING OR RECOVERY EQUIPMENT INTENDED FOR USE WITH [APPROPRIATE CATEGORY OF APPLIANCE].
      The label must also show the date of manufacture and the serial number (if applicable) of the equipment. The label must be affixed in a readily visible or accessible location, be made of a material expected to last the lifetime of the equipment, present required information in a way that it is likely to remain legible for the lifetime of the equipment, and be affixed in such a way that it cannot be removed from the equipment without damage to the label.
      (i) Retesting. At least once every three years, manufacturers or importers of recovery and/or recycling equipment intended for use during the maintenance, service, or repair of appliances (except MVACs or MVAC-like appliances) or during the disposal of appliances (except small appliances, MVACs, and MVAC-like appliances) must have approved equipment testing organizations conduct either:
      (1) Retests of certified recovery and/or recycling equipment in accordance with paragraphs (d) and (e) of this section; or 
      (2) Inspections of recovery and/or recycling equipment at manufacturing facilities to ensure that each equipment model line that has been certified under this section continues to meet the certification criteria. 
      (j) Revocation. An equipment model line that has been certified under this section may have its certification revoked if it is subsequently determined to fail to meet the certification criteria. In such cases, the Administrator must give notice to the manufacturer or importer setting forth the basis for the determination.
      
      
      
      
      (k) Equipment that is advertised or marketed as "recycling equipment" must be capable of recycling the standard contaminated refrigerant sample of appendix B2, B3, or B4 of this subpart (as applicable) to the levels in the following table when tested under the conditions of appendix B2, B3 or B4 of this subpart:
Maximum Levels of Contaminants Permissible in Refrigerant Processed Through Equipment Advertised as "Recycling" Equipment
Contaminants
Low-pressure (R-11, R-123, R-113) systems
R-12 systems
All other systems
Acid Content (by wt.)
1.0 PPM
1.0 PPM
1.0 PPM
Moisture (by wt.)
20 PPM
10 PPM
20 PPM
Noncondensable Gas (by vol.)
N/A
2.0%
2.0%
High Boiling Residues (by vol.)
1.0%
0.02%
0.02%
Chlorides by Silver Nitrate Test
No turbidity
No turbidity
No turbidity
Particulates
Visually clean
Visually clean
Visually clean

§82.160   Approved equipment testing organizations.
 	(a) Any equipment testing organization may apply for approval by the Administrator to certify equipment under the standards in §82.158 and appendices B2, B3, B4, or C of this subpart. Applications must be sent to 608reports@epa.gov, or if containing confidential business information, mailed to: Section 608 Program Manager; Stratospheric Protection Division; Mail Code: 6205T; U.S. Environmental Protection Agency; 1200 Pennsylvania Avenue, NW.; Washington, DC 20460. 
      (b) Applications for approval must include: 
      (1) A list of equipment present at the organization that will be used for equipment testing. 
      (2) Verification of the organization's expertise in equipment testing and the technical experience of the organization's personnel. 
      (3) Verification of the organization's knowledge of the standards and recordkeeping and reporting requirements of this subpart. 
      (4) A description of the organization's program for verifying the performance of certified recovery and/or recycling equipment manufactured over the long term, specifying whether retests of equipment or inspections of equipment at manufacturing facilities will be used. 
      (5) Verification that the organization has no conflict of interest and receives no direct or indirect financial benefit from the outcome of certification testing. 
      (6) Agreement to allow the Administrator access to records and personnel to verify the information contained in the application. 
      (c) Organizations may not certify equipment before receiving approval from EPA. If approval is denied under this section, the Administrator must give written notice to the organization setting forth the basis for the determination. 
      (d) If an approved testing organization conducts certification tests in a way not consistent with the representations made in its application or with the provisions of this subpart, , the Administrator may revoke approval in accordance with §82.169. In such cases, the Administrator must give notice to the organization setting forth the basis for the determination.
      (e) Recordkeeping and reporting. (1) Approved equipment testing organizations must maintain records of equipment testing and performance and a list of equipment that meets EPA requirements. This list must include the name of the manufacturer and the name and/or serial number of the model line. Approved equipment testing organizations must publish online a list of all certified equipment that includes the information specified above and update the list annually.
      (2) Approved equipment testing organizations must notify EPA at 608reports@epa.gov if retests of equipment or inspections of manufacturing facilities conducted under to §82.158(i) show that a previously certified model line fails to meet EPA requirements. Such notification must be received within thirty days of the retest or inspection.

§82.161   Technician certification.
      Until [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER], this section applies only to technicians and organizations certifying technicians that maintain, service, or repair appliances containing class I and class II refrigerants. Starting on [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER], this section applies to technicians and organizations certifying technicians that maintain, service, or repair appliances containing any refrigerant as defined in §82.152. 
      (a) Requirements for Technicians. (1) Technicians must pass a certification exam offered by an approved technician certification program to work on different types of appliances, as follows: 
      (i) Technicians who maintain, service, or repair small appliances must be certified as Type I technicians. 
      (ii) Technicians who maintain, service, repair, or dispose of medium-, high-, or very high-pressure appliances (except small appliances, MVACs, and MVAC-like appliances) must be certified as Type II technicians.
      (iii) Technicians who maintain, service, repair, or dispose of low-pressure appliances must be certified as Type III technicians. 
      (iv) Excluding persons who exclusively dispose of small appliances, MVACs, and MVAC-like appliances, technicians who maintain, service, repair, or dispose of appliances as described in paragraph (a)(1)(i)-(iii) of this section must be certified as Universal technicians. 
      (v) Technicians who maintain, service, or repair MVAC-like appliances must either be certified as Type II technicians or be certified by a training and certification program approved under §82.40. 
      (vi) Technicians who maintain, service, or repair MVAC appliances must be certified by a training and certification program approved under §82.40.
      (2) Apprentices are exempt from the requirement in paragraph (a)(1) of this section provided the apprentice is closely and continually supervised by a certified technician while performing any maintenance, service, repair, or disposal that could reasonably be expected to release refrigerant from an appliance into the environment. The supervising certified technician and the apprentice have the responsibility to ensure that the apprentice complies with this subpart. 
      (3) The Administrator may require technicians to demonstrate at their place of business 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 or suspension of the certificate. Failure to abide by any of the provisions of this subpart may also result in revocation or suspension of the certificate. If a technician's certificate is revoked, the technician would need to recertify before maintaining, servicing, repairing, or disposing of any appliances. 
      (4) Technicians certified under this section must keep a copy of their certificate at their place of business. 
      (5) Recertification. The Administrator reserves the right to specify a requirement for technician recertification at some future date, if necessary, by placing a notice in the Federal Register. 
      (b) Requirements for Technician Certification Programs. (1) No technician training or testing program may issue certificates under this section unless the program complies with all the standards of this section and appendix D, and has been granted approval by the Administrator. 
      (2) Program Approval. Persons may seek approval of any technician certification program (program), in accordance with this paragraph, by submitting to the Administrator at the address in §82.160(a) verification that the program meets all the standards listed in appendix D. The Administrator reserves the right to consider other relevant factors to ensure the effectiveness of certification programs. If approval is denied under this section, the Administrator must give written notice to the program setting forth the basis for the determination.
      (3) Alternative Examinations. 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. A test may be administered orally to any person who makes this request, in writing, to the program at least 30 days before the scheduled date for the examination. The written request must explain why the request is being made.
      
      (4) Proof of Certification. Programs certifying technicians must provide technicians with identification cards in accordance with section (f) of appendix D of this subpart. 
      
      (5) Programs certifying technicians must maintain records in accordance with section (g) of appendix D of this subpart. 
      (6) Starting January 1, 2018, programs certifying technicians, excluding Federally-run programs, must create and maintain a publicly-searchable database of technicians they have certified. 
      (i) At a minimum, the database must include all technicians certified after January 1, 2017.
      (ii) The database must provide the first name, middle initial, and last name of the certified technician, the technician's city of residence when taking the test, the type(s) of certification received, and the date each certification was completed.
      (iii) Programs certifying technicians must provide notice to technicians of their inclusion in the database in compliance with any other federal, state or local regulations, and give technicians the ability to opt out of being included in the database.
      (7) If an approved program violates any of the above requirements, the Administrator may revoke approval in accordance with §82.169. In such cases, the Administrator must give notice to the organization setting forth the basis for the determination. 
      (c) Test Subject Material. A bank of test questions developed by the Administrator consists of groups, including a core group and technical groups. The Administrator will release this bank of questions only to approved technician certification programs. Each test for each type of certification must include at least 25 questions drawn from the core group and at least 25 questions drawn from each relevant technical group. These questions must address the subject areas in appendix D. 













§82.162   [Reserved] 



 
    (4) 
    








    






    








    










    








    







    






    








    








    






     
    
    
    
    
    
    

§82.164   Reclaimer certification.
       (a) All persons reclaiming used refrigerant for sale to a new owner must meet the following requirements:
      (1) Reclaim refrigerant to all the specifications in appendix A of this subpart (based on AHRI Standard 700-2015, Specifications for Refrigerants) that are applicable to that refrigerant;
      (2) Verify that each batch of refrigerant reclaimed meets these specifications using the analytical methodology prescribed in appendix A, which includes the primary methodologies included in the appendix to the AHRI Standard 700-2015;
      (3) Release no more than 1.5 percent of the refrigerant during the reclamation process;
      (4) Dispose of wastes from the reclamation process in accordance with all applicable laws and regulations; and 
      (5) Maintain records and submit reports in accordance with paragraph (d) of this section.
      (b) The owner or a responsible officer reclaiming used refrigerant for sale to a new owner, except for persons who properly certified under this section before May 11, 2004, must certify to the Administrator at the address in §82.160(a) that they will meet the requirements in paragraph (a) of this section. 
      The certification must include the name and address of the reclaimer and a list of equipment used to reclaim the refrigerant to the required standard, and to analyze the refrigerant to ensure it meets these specifications.
      (
      c) Certificates are not transferable. In the event of a change in ownership of an entity which reclaims refrigerant, the new owner of the entity must certify with the Administrator within 30 days of the change of ownership under this section. In the event of a change in business management, location, or contact information, the owner of the entity must notify EPA within 30 days of the change at the address in §82.160(a).  
      (d) Recordkeeping and reporting. (1) Reclaimers must maintain records of the analysis conducted to verify that reclaimed refrigerant meets the necessary specifications in paragraph (a)(2) of this section.
      (2) Reclaimers must maintain records of the names and addresses of persons sending them material for reclamation and the quantity of the material (the combined mass of refrigerant and contaminants) by refrigerant type sent to them for reclamation. Such records must be maintained on a transactional basis for three years.
      (3) Reclaimers must report to the Administrator annually within 30 days of the end of the calendar year the total annual quantity of material (the combined mass of refrigerant and contaminants) by refrigerant type sent to them for reclamation, the total annual mass of each refrigerant reclaimed, and the total annual mass of waste products.
      (e) Failure to abide by any of the provisions of this subpart may result in revocation or suspension of the certification of the reclaimer in accordance with §82.169. In such cases, the Administrator must give notice to the organization setting forth the basis for the determination.  

§82.166   Reporting and recordkeeping requirements.
      (a)  -  (i) [Reserved]
      (j) Persons servicing appliances normally containing 50 or more pounds of refrigerant must provide the owner/operator of such appliances with an invoice or other documentation, which indicates the amount of refrigerant added to the appliance. 
      (k) Owners/operators of appliances normally containing 50 or more pounds of refrigerant must keep servicing records documenting the date and type of service, as well as the quantity of refrigerant added. The owner/operator must keep records of refrigerant purchased and added to such appliances in cases where owners add their own refrigerant. Such records should indicate the date(s) when refrigerant is added. 
      (l) [Reserved]
      (m) All records required to be maintained pursuant to this section must be kept for a minimum of three years unless otherwise indicated. 
      (n) The owners or operators of appliances must maintain on-site and report to EPA Headquarters at the address listed in §82.160 the information specified in paragraphs (n)(1), (n)(2), and (n)(3) of this section, within the timelines specified under §82.156 (i)(1), (i)(2), (i)(3) and (i)(5) where such reporting or recordkeeping is required. This information must be relevant to the affected appliance.
      (1) An initial report to EPA under §82.156(i)(1)(i), (i)(2), or (i)(5)(i) regarding why more than 30 days are needed to complete repairs must include: Identification of the facility; the leak rate; the method used to determine the leak rate and full charge; the date a leak rate above the applicable leak rate was discovered; the location of leak(s) to the extent determined to date; any repair work that has been completed thus far and the date that work was completed; the reasons why more than 30 days are needed to complete the work and an estimate of when the work will be completed. If changes from the original estimate of when work will be completed result in extending the completion date from the date submitted to EPA, the reasons for these changes must be documented and submitted to EPA within 30 days of discovering the need for such a change.
      (2) If the owners or operators intend to establish that the appliance's leak rate does not exceed the applicable allowable leak rate in accordance with §82.156(i)(3)(v), the owner or operator must submit a plan to fix other outstanding leaks for which repairs are planned but not yet completed to achieve a rate below the applicable allowable leak rate. A plan to fix other outstanding leaks in accordance with §82.156(i)(3)(v) must include the following information: The identification of the facility; the leak rate; the method used to determine the leak rate and full charge; the date a leak rate above the applicable allowable leak rate was discovered; the location of leak(s) to the extent determined to date; and any repair work that has been completed thus far, including the date that work was completed. Upon completion of the repair efforts described in the plan, a second report must be submitted that includes the date the owner or operator submitted the initial report concerning the need for additional time beyond the 30 days and notification of the owner or operator's determination that the leak rate no longer exceeds the applicable allowable leak rate. This second report must be submitted within 30 days of determining that the leak rate no longer exceeds the applicable allowable leak rate.
      (3) Owners or operators must maintain records of the dates, types, and results of all initial and follow-up verification tests performed under §82.156(i)(3). Owners or operators must submit this information to EPA within 30 days after conducting each test only where required under §82.156 (i)(1), (i)(2), (i)(3) and (i)(5). These reports must also include: Identification and physical address of the facility; the leak rate; the method used to determine the leak rate and full charge; the date a leak rate above the applicable allowable leak rate was discovered; the location of leak(s) to the extent determined to date; and any repair work that has been completed thus far and the date that work was completed. Submitted reports must be dated and include the name of the owner or operator of the appliance, and must be signed by an authorized company official. 
      (o) The owners or operators of appliances must maintain on-site and report to EPA at the address specified in §82.160 the following information where such reporting and recordkeeping is required and in the timelines specified in §82.156 (i)(7) and (i)(8), in accordance with §82.156 (i)(7) and (i)(8). This information must be relevant to the affected appliance and must include: 
      (1) The identification of the industrial process facility; 
      (2) The leak rate; 
      (3) The method used to determine the leak rate and full charge; 
      (4) The date a leak rate above the applicable allowable rate was discovered. 
      (5) The location of leaks(s) to the extent determined to date; 
      (6) Any repair work that has been completed thus far and the date that work was completed; 
      (7) A plan to complete the retrofit or retirement of the system;
      (8) The reasons why more than one year is necessary to retrofit or retire the system; 
      (9) The date of notification to EPA; and 
      (10) An estimate of when retrofit or retirement work will be completed. If the estimated date of completion changes from the original estimate and results in extending the date of completion, the owner or operator must submit to EPA the new estimated date of completion and documentation of the reason for the change within 30 days of discovering the need for the change, and must retain a dated copy of this submission. 
      (p)(1) Owners or operators who wish to exclude purged refrigerants that are destroyed from annual leak rate calculations must maintain records on-site to support the amount of refrigerant claimed as sent for destruction. Records shall be based on a monitoring strategy that provides reliable data to demonstrate that the amount of refrigerant claimed to have been destroyed is not greater than the amount of refrigerant actually purged and destroyed and that the 98 percent or greater destruction efficiency is met. Records shall include flow rate, quantity or concentration of the refrigerant in the vent stream, and periods of purge flow. 
      (2) Owners or operators who wish to exclude purged refrigerants that are destroyed from annual leak rate calculations must maintain on-site and make available to EPA upon request the following information after the first time the exclusion is utilized by the facility: 
      (i) The identification of the facility and a contact person, including the address and telephone number; 
      (ii) A general description of the refrigerant appliance, focusing on aspects of the appliance relevant to the purging of refrigerant and subsequent destruction; 
      (iii) A description of the methods used to determine the quantity of refrigerant sent for destruction and type of records that are being kept by the owners or operators where the appliance is located; 
      (iv) The frequency of monitoring and data-recording; and 
      (v) A description of the control device, and its destruction efficiency. 
      This information must also be included, where applicable, in any reporting requirements required for compliance with the leak repair and retrofit requirements for industrial process refrigeration equipment, as set forth in paragraphs (n) and (o) of this section. 
      (q) Owners or operators choosing to determine the full charge as defined in §82.152 of an affected appliance by using an established range or using that methodology in combination with other methods for determining the full charge as defined in §82.152 must maintain the following information: 
      (1) The identification of the owner or operator of the appliance; 
      (2) The location of the appliance; 
      (3) The original range for the full charge of the appliance, its midpoint, and how the range was determined; 
      (4) Any and all revisions of the full charge range and how they were determined; and 
      (5) The dates such revisions occurred. 
