For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

1

**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 b y maximizing the recapture and recycling of such refrigerants during the maintenance, service, repair, and disposal of appliances and restricting the sale of refrigerants consi sting 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 own ers 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 freez er. 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 b y the Office of Apprenticeship ). A person may onl y be an apprentice for two years from the date of first registering with that office.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

2

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 f acility , 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. C omponent means a part of the refrigerant loop within an appliance inclu ding , 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 p urchased and/or installed without being uniquel y 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 disassembl y of any appliance for discharge, deposit, dumping or placing of its discarded component parts into or on any land or water;For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

3

(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 disassembl y 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 return ed to normal operating characteristics and conditions to verify

that the repair s w ere 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 handh eld gas detection devices. Full charge means the amount of refrigerant required for normal operating characteristic s 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 evacu ated 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 directl y 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 ofFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

4

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 ve rification 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 onl y one of the following methods for all appliances subject to the leak repair requirements located at an operati ng facility
. (1) Annualizin g 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 no rmally contains at full charge; Step 2. Take the shorter of the number of day s 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 ; andFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

5

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 ye ar) ; 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 ye ar) = pounds of refrigerant added over past 365 day s

(or since the last successful follow
- up verification test showing all leaks in the applian ce 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
.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

6

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 unco vering 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. M othball means to evacuate refrigerant from an appliance, or the affected isolated section or component of an appliance, to at least atmospheric pressure , and to t emporarily 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 inclu des , 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 o perating 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 b y the absence of atypical conditions affecting the operation of the appliance. One
- time expansion device means an appliance that relies on the r elease of its refrigerant charge to the environment in ord er to provid e a cooling effect. These are typicall y single releases but could alsoFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

7

include product s 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 an y 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, partner ship, 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 emplo ye e thereof. Process stub means a length of tubing that provides a ccess 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 , Specification s for Refrigerants ) that are applicable to that refrigerant and to verify

that the refrigerant meets these specifications using the anal yt ical methodol ogy 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. InFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

8

general, recycled refrigerant is cleaned using oil separation and single or multiple passes through devices, su ch 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,
con sisting 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 normall y 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 b y an y 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 s ys tem 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 b y 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

-s ealing valve means a valve affixed to a container of refrigerant that automatically seals when not dis pensing refrigerant and meets or exceeds established performance criteria as identified in § 82.154( c )(2).For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

9

Small appliance means any appliance that is full y manufactured, charged, and hermeticall y 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 machin es, 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
. S ystem - 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 dispos es 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 reasonabl y expected to vi olate 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 remov ing 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 reasonabl y expected to violate the integrity

of the refrigerant circuit. Activities conducted on appliances that have been properly evacuated pursuant to §82.156 are not reasonabl y expected to release refrigerants unless the activityFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

10

includes adding refrigerant to the appliance. Technician s could include but are not limited to installers,
c ontractor 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 knowingl y 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 proces s 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); ho usehold refrigerators, freezers, and combination refrigerators and freezers; self
- contained room air conditioners for resid ential and light commercial air
- conditioning; heat pumps; and vending machines;For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

11

(ix) I sobutane (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 m inimis only if they occur when: (i) The required practices in §82.15 5 , §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 ob served. (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) O bserving the required practices in §82.15 5, §82. 156 , and §82. 15 7 ; and (2) U sing recovery and/ or recycling equipment that is certified for that ty pe 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 Ior class II substance or substitute for use as a refrigerant unless: ( i ) The buye r has been certified as a Ty pe I, Ty pe II, Ty pe III, or Universal technician under §82.161;For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

12

( ii ) The buyer employ s at least one technician who is certified as a Ty pe I, Ty pe II, T yp e 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 FEDERALREGI STER] for all containers ho lding 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 priorFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

13

to that date must be sold prior to [TWO YEARS FROM PUBLI CATION 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 3.0 0 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
. Ininstances where the buyer employ s a certified technician, the seller must keep the documentation provided by the buyer that he or she employ s at least one technician that is properl y certified
. All records must be kept for three ye ars. (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 ye ars.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

14

( 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 wholl y 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 onl y in an MVAC or MVAC
- like appliance and is to be used only in an MVAC or MVAC
- like appliance and recycled in a ccordance 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 b y 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 ) N o 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. N o person may manufacture or import a one - time expansion device unless the onl y refrigerants it contains h ave 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 ), onl y 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 F EDERAL REGISTER .For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

15

**§82.155 Safe d isposal of**  **appliances .**  Until [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGI STER], this section applies only to dis posal of appliances containing class I and class II refrigerants. Starting on [ONE YEAR FROM PUBLICATION OF A FINALRULE IN THE FEDERAL REGI STER], this section applies to disposal of appliances containing any refrigerant as defined in §82.152. (a) P ersons 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 e ither: (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 n ot 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 an d the date the refrigerant was recovered
. T he signed contract between the supplier and the final processor must stat e that the supplier will recover any remaining refrigerant from the appliance or shipment of appliances in accordance with this paragraph prior to delivery
. (i) Itis a violation of this subpart to accept a signed statement or contract if the person receiving the statement or contract knew or had re ason 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 properl y 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
.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

16

(b ) Persons recovering refrigerant from a small a ppliance, MVAC, or MVAC
- like appliance for purposes of disposal of these appliances must evacuate refri gerant to the levels in § 82.156(b ) or (c )
us ing 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 cop y or in electronic format , f or at least three ye ars. **§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 FINALRULE IN THE FEDERAL REGI STER], 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) A ppliances other than small appliances, MVACs, and MVAC

- like appliances
. Before opening appliances other than small appliances, MVACs, and MVAC
- like applian ces , or disposing of such appliance s , 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 T able 1 using a recovery and/ or recycling machine certified pursuant to §82.158 unless the situations in sub paragraphs ( 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 sy stem receiver . A technician must verify that the applicable level of evacuation has been reached in the appliance or the part before it is opened.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

17

( 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 pres sure 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 ni trogen 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 sy stem 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 T able 1 un attainable 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 T able 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. T his level may not exceed 0 psig.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

18

( 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 ye ars: ( i ) T he company name, location of the equipment, date of recovery , amount and ty pe of refrigerant recovered for each appliance; and (i i ) The quantity

and type of refrigerant transferred for reclamation and/or destruction , to whom it was transferred, and the date of transfer
.

**T ABLE**  **1**

**— R** **EQUIRED L**  **EVELS OF E**  **VACUATION FOR A**  **PPLIANCES** [Except for small appliances, MVACs, and MVAC
- like appliances]

**Type of appliance Inches of Hg vacuum**  **(relative to standard atm ospheric pressure of 29.9** 

**inches Hg) Using recovery**  **and/ or**  **recycling equipment manufactured or**  **im ported before**  **Novem ber 15, 1993**  **Using recovery and/**  **or recycling equipment**  **manufactured or im**  **ported on or after Novem** **ber 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 Lo w - pressure appliance 25 mm Hg absolute 25 mm Hg absolute (b ) S mall 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; orFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

19

( 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 onl y 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 s ys tem pressure to or below 102 mm of mercury vacuum . ( d) Sy stem - dependent equipment may not be used with appliances with a full charge of more than 15 pounds of refrigerant, unless the s ys tem - 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
- o ut 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 b y the same person without being recycled or reclaimed, unless the appliance is an MVAC or MVAC
- like appliance. (h) [R eserved ] (i) The provisions in this paragraph (i) of this section apply to owners and operators of appliances containing more than 50 pounds of class Iand class II refrigerants only until [18 MONTHS FROM PUBLICAT ION OF A FINAL RULE IN T HE FEDERAL REGI STER]. The applianceFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

20

maintenance and leak repair provisions in § 82.157 apply as of [18 MONTHS FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGI STER]. (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 a s 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 federall y- 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 compl y 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 day s of dis covering 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. I f the extension is not justified, EPA will notify the owner/operator within 30 days of
rec eipt of the notification. (ii) Owners or operators of federall y- owned commercial refrigeration equipment may have more than 30 day s 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 directl y lead to radiological contamination. Only

the additional time needed to conduct and complete repairs in a safe working environment will be permitted.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

21

(iii) Owners or operators of federall y- 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 refrig eration equipment determine that the leak rate cannot be brought to below 35 percent during a 12
- month period within 30 day s (or 120 day s, where an industrial process shutdown in accordance with paragraph (i)(2)(ii) of this section is required,) and in a ccordance with paragraph (i)(9) of this section, and that an extension in accordance with the requirements discussed in this paragraph appl y, the owners or operators of the appliance must document all repair efforts, and notify EPA of the reason for the in ability in accordance with §82.166(n) within 30 day s 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 al l necessary leak repairs, if any , that do not require any additional time beyond the initial 30 or 120 day s. (i) The owners or operators of industrial process refrigeration equipment are permitted more than 30 day s (or 120 day s 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 day s impossibl e. Onl y the additional time needed to receive delivery of the necessary

parts or to comply

with the pertinent regulations will be permitted.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

22

(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 p rofessional 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 day s of completing the repairs or within 30 day s of bringing the appliance back
on - line, if taken off

- li ne, 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 sy stem mothballing, an initial verification test shall be conducted at the co nclusion 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 federall y- owned commercial refrigeratio n or of federall y- 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 initialFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

23

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 proce ss refrigeration equipment, federally
- owned commercial refrigeration appliance, or federall yowned 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, federall y- 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 wi th 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 refrig eration equipment, or federall yowned 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 day s 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 refri geration 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 successfull y completed within 30 days orFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

24

120 day s 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 day s 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 day s of the initial failed follow
- up verification t est, 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 day s of that determination in accordance with §82.166(n) and the owner or operator would no longer be subject to the ob ligation 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 reg arding the failure of the initial follow
- up verification test, if those parameters are acceptable to EPA; otherwise b y parameters selected b y 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 day s of receipt of the notice. Where EPA does not accept the parameters identified b y the owner or operator in its notice, EPA will notFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

25

provide additional time beyond the additional time permitted in paragraph (i)(3)(v) of this section unless specificall y stated in the parameters selected b y EPA. (5) Owners or operators of comfort cooling applianc es normall y containing more than 50 pounds of refrigerant and not covered b y 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 annu al leak rate to below 15 percent. (i) If the owners or operators of federall y- 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 req

uirements 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 day s of discovering that leak repair efforts cannot be completed within 30 days. (ii) Owners or operators of federall y- owned comfort
- cooling appliances may have more than 30 day s to repair leaks wh ere the refrigeration appliance is located in an area subject to radiological contamination or where the shutting down of the appliance will directl y 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 federall y- 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.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

26

(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 day s of discovering a leak greater than the applicable allowable leak rate, or within 30 day s 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
- ye ar 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 ori ginal 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 temporaril y relieved of this obligation if the appliance has undergone s ys tem mothballing as defined in §82.152. (i) If the owner or operator has made good faith efforts to repair leaks from the appliance in
acc ordance 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 day s of the decision to retrofit or retire the appliance. The owner or operator must complete the retrofit or retirement of the appliance within one ye ar and 30 day s 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.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

27

(ii) In all cases, subject to paragraph (i)(6)(i) of this section, the written plan shall be prepared no later than 30 day s 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 day s afte r 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 p rior 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 cop y) 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 Au gust 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 reasonabl y necessary will be allowed for retrofitting or retiring industrial pro cess 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. I f these circumstances appl y, the owner or operator of the facility must notify EPA within six months after the 30
- day period following theFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

28

discovery of an exceedance of the 35 percent leak rate. Records necessary to allow EPA to determine that these provisions app ly 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 day s of receipt the submittal. (ii) An additional one
- ye ar period beyond the initial one
- ye ar 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 foll owing 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 re tiring 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 th e 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 day s of receipt, it shall be deemed approved. (8) Owners or operators of federall y- owned commercial or comfort
- cooling appliances will be allowed an additional ye ar to complete the retrofit or retirement of the appliances if the conditionsFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

29

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
- ye ar retrofit period is allowed for such equipment where the following c riteria are met: (A) Due to complications presented b y 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 th e 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 reco rds adequate to allow a determination that the criteria are met. (ii) The owners or operators of federall y- 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 day s of receipt, it shall be deemed approved. (9) Owners or operators must repair l eaks pursuant to paragraphs (i)(1), (i)(2) and (i)(5) of this section within 30 day s after discovery , or within 30 day s 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).For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

30

(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 brou ght 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 destro yed at a verifiable destruction efficiency

of 98 percent or greater will not be counted toward the leak rate. Owners or operators destro yi ng purged refrigerants must maintain information as set forth in §82.166(p)(1) and submit to EPA, wi thin 60 day s after the first time such exclusion is used by that facility , information set forth in §82.166(p)(2).
**§82.157 Appli ance maintenance and leak**  **repair.** (a) Applicability
. Th is section applies as of [18 MONTHS FROM PUBLICATION OF A FINAL RULE IN THE FEDERALREGI STER]. 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 o perator of the appliance. (b ) Leak Inspection s . ( 1 ) C ommercial 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 day s (excluding refrigerant added for seasonal variances)
. The equipment may continue to beFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

31

inspected once per ye ar if no refrigerant has been added in the p ast 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 quarterl y leak inspections. ( 2 ) C ommercial 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) C omfort cooling appliances or othe r appliances not covered b y subparagraphs (1) or (2) with a full charge of 50 or more pounds of refrigerant must be inspected for leaks once per ye ar. ( 4 ) Quarterl y or annual l eak inspections as described in paragraph (b)(1)
- (3) of this section are not required on appliances continuously monitored by

an automatic leak detection sy stem th at is audited and calibrated annuall y. An automatic leak detection sy stem 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 sy stems that directly detect the presence of a refrigerant in air , the sy stem must : (A) O nl y 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
conc entrations in air in proximity to the compressor, evaporator, condenser, and other areas with a high potential for a refrigerant leak ; ( C ) Accuratel y detect a concentration level of 10 parts per million of vapor of the specific refrigerant or refrigerants used in the refrigeration appliance (s) ; andFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

32

( 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 sy stem that monitor s its surrounding in a manner other than detecting refrigerant concentrations in air or monitor conditions of the appliance , the s y stem 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 federall y- owned appliances may submit a request to EPA at the address specified in paragraph (m) of this section to conduct leak inspections less frequentl y 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 o r operator of the appliance within 60 day s 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 follo wing 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 ownerFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

33

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 successfull y compl y with paragraphs (e)
- (g) of this section, the owner or operator must create and implement a retrofit or retirement plan in accordance with paragra phs (h) and (i) of this section. (2) Applicable Leak Rates: ( i ) 20 percent leak rate for c omm ercial 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 b y (2) ( i ) or ( ii ) of this subsection
. ( e ) Appliance Repair
. All leaks must be identified and repaired in accordance with this paragraph within 30 day s (or 120 day s if an industrial process shutdown is required) of an appliance exceeding the applicable leak rate in paragraph (d) of this section
. ( 1 ) A leak inspectio n 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 b y an initial and follow
- up verification test or tests
. ( f ) Verification tests
. Initial and f ollow
- 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 verificatio n test must be performed within 30 days (or 120 day s 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
.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

34

(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
o perator 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 verificatio n test must be performed with in 10 day s 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 with in 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 temporaril y 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 , o wners or operators may request more than 30 day s ( or 120 day s 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 noti fies the owners or operators within 30 day s of receipt of the request. (1) O ne or more of the following conditions applies: ( i ) T he appliance is located in an area subject to radiological contamination or shutting down the appliance will directly

lea d to radiological contamination. A dditional time is permitted to the extent needed to conduct and finish repairs in a safe working environment.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

35

(ii) R equirements of o ther applicable F ederal, state, or local regulations make a repair within 30 day s (or 120 day s if an industrial process shutdown is required) impossible . A dditional time is permitted to the extent needed to comply with the pertinent regulations. (iii ) N ecessary

parts are unavailable . A dditional time is permitted up to 30 day s after receiving deliv ery of the necessary parts , not to exceed 180 day s ( or 270 day s if an industrial process shutdown is required) from the date the appliance exceeded the applicable leak rate
. (2) A ll 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 ( o r 120 day s if an industrial process shutdown is required) of the appliance exceeding the applicable leak rate in paragraph ( d) of this section . Requests must include: I dentification and address of the facility ; the name of the owner or operator of the appl iance ; 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 day s (or 120 day s 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 dat e 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 day s . The owner or operator must keep a dated copy of this submission.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

36

(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 day s 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 compl y 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) Ty pe and full charge of the refrigerant used in the appliance; (iii) Ty pe and ful l 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 o ne - ye ar , 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 1 3 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 temporaril y 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 leakingFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

37

component was isolated)
. Additionally , o wners or operators may request more than one ye ar 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 day s 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
reas ons wh y 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 cop y of the request must be available on
- site in either electronic o r paper cop y. 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 day s . (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
- ye ar period in paragraph (h) of this section to finish the retrofit or retirement under the following circumstances. (i) R equirements of o ther applicable F ederal, state, or local regulations make a retrofit or retirement within one ye ar impossible . A dditional time is permitted to the extent needed t o comply with the pertinent regulations; orFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

38

( ii ) The new or the retrofitted equipment is custom
- bu ilt 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 day s after receiving delivery of the necessary

parts. (3 ) Extensions available to F ederally

- owned equipment. Owners or operators of F ederally
owned commercial or comfort
- coolin g 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 d

ue to complications presented b y the F ederal agency appropriations and/or procurement pro cess; (ii) T he appliance is located in an area subject to radiol ogical contamination and creating a safe working environment will require more than 30 weeks; or ( iii ) After receiving a one
- ye ar extension under sub paragraphs (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 - ye ar extension and must include the same information submitted for that one
- ye ar extension , with any necessary

revisions . A dated cop y of the request must be available on
- site in either electronic or paper cop y. The request will be considered approved unless EPA notifies the owners or operators within 60 day s 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, a ppliances that exceed this limit must be retired or mothballed until retired.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

39

(k) Purged refrigerant . In calculating annual leak rates, purged refrigerant that is destroyed at a v erifiable 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 ye ars in electronic or paper format
. (1) Owners or operators must keep record s 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 sy stem, the owner or operator must maintain records regarding the installation and the annual audit and calibration of the s ys tem. They also must keep a record of each date the monitoring s ys tem 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 s uch 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 :For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

40

(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 ty pe of maintenance, service, repair, or disposal performed; (iv ) the name of the person performing the maintenanc e, service, repair or disposal; (v) the amount and type of refrigerant added to or removed from the appliance; (v i ) the full charge of the appliance; and (vi i ) 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 ty pe 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 mothball ing an appliance must keep records documenting when the appliance was mothballed and when additional refrigerant was added to the appliance (or isolated compon ent)
. ( 9 ) Owners or operators who exclude purged refrigerants that are destro ye d 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 theFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

41

amount of refrigerant claimed to have been destroyed is not greater than the amount of refrigerant actuall y purged and destroyed and that the 98 percent or greater destruction efficiency is met. Records
mu st 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 descrip tion 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
. ( 1 0 ) 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
. ( 1 1 ) 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 federall y- owned appliances that request an alternate leak inspection schedule in accordance with paragraph (b)(5) of this section must maintain copies o f 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;For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

42

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 inspec tion 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 paragr aph (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 addr ess within 60 day s 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 ) R ecovery and/or recycling e quipment 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 ofFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

43

achieving the level of evacuation specified in Table 2 of this section when tested using a properl y calibrated pressure gauge. ( d) M anufacturers and importers of recovery and/or recycling equipment must have such equipment certified b y an approved equipment testing organization as follows: ( 1 ) Recovery and/or recycling e quipment manufactured or imported on or after November 15, 1993 , and before September 22, 2003, intended for use during th e 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 ARIStandard 740
- 1993, Performance of Refrigerant Recovery, Recycling and/o r Reclaim Equipment). (2) Recovery and/or recycling e quipment 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, Performanc e of Refrigerant Recovery, Recycling and/or Reclaim Equipment ). ( 3 ) Recovery

and/or recycling e quipment manufactured or imported on or after January 1, 2017 , intend ed for use during the maintenance, service, repair , or disposal of appliances ( except small appliances, MVACs, and MVAC
- like appliances ) must be certified b y 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 B 3 (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.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

44

Ty pe 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 im ported before November 15, 1993 Manufactured or im ported 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 Lo w - 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 dem onstrates, 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 ty pe 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 unde r 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 noncond ensables 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.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

45

( 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
. E quipment used during the maintenance, service, repair, or disposal of small appliances must be certified b y an approved equipment testing organization to be capable of recovering 90% of the refrigerant in the test stand when the compressor of the test stan d 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 Ap pliances. (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 s ys tem, whether or not the compressor of the test stand is operational, or achievin g a four
- inch vacuum when tested using a properl y 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 ARIStandard 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 und er the conditions of appendix B3 (for non
- flammable refrigerants) or appendix B4 (for flammable refrigerants) of this subpart.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

46

( 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 properl y calibrated pressure gauge. ( f ) MVAC
- like appliances
. (1) Manufacturers and importer s 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 s ys tem pressure to 102 mm of mercury vacuum under the conditions of the SAE St andard, 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 e quipment stating the following: THI S EQUIPMENT HAS BEEN CERTIFIED BY [APPROVED EQUIPMENT TESTING ORGANIZAT ION] TO MEET EPA's MI NIMUM REQUIREMENTS FOR RECYCLING OR RECOVERY EQUIPMENT INTENDED FOR USE WI TH [APPR OPRIATE 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 affix ed in such a way that it cannot be removed from the equipment without damage to the label.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

47

( i ) Retesting . At least once every three years, m anufacturers 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 organizati ons conduct either: (1) Retests of certified recovery and/or recycling equipment in accordance with paragraph s ( 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 m eet 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) E quipment 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 Lo w - 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 cleanFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

48

**§82.160 Approved equipment testing organizations.**  (a) An y equipment testing organization may appl y for approval b y the Administrator to certify equipment under the standards in §82.158 and appendices B2 , B3, B4, or C of this subpart. Application s must be sent to 608reports@epa.gov , or if containing confidential business information, mailed to: Section 608 Program Manager; Stratospheric Protection Division; Mail Code: 6205 T ; U.S. Environmental Protection Agency ; 1200 Penns yl vania 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 e xpertise 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 re cycling 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 rec eive s no direct or indirect financial benefit from the outcome of certification testing. (6) A greement to allow the Administrator access to records and personnel to verify the information contained in the application. (c) Organ izations may

not certify

equipment before receiving approval from EPA. I f 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 mayFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

49

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 annual ly
. ( 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

cert ified model line fails to meet EPA requirements. Such notification must be received within thirty

day s of the retest or inspection.
**§82.161 Technician certification.**  Until [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGI STER], 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 REGI STER], this section
a pplies 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) T echnicians 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 Ty pe I technicians.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

50

( 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 ce rtified as Ty pe II technicians. ( iii ) Technicians who maintain, service, repair , or dispose of low
- pressure appliances must be certified as Ty

pe III technicians. ( iv ) Excluding persons who exclusively dispose of small appliances, MVACs, and MVAC
- like appliances, t echnicians 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 Ty pe 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 b y 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 reasonabl y 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 ) T he 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 properl y 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 ne ed to recertify before maintaining, servicing, repairing , or disposing of any appliances.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

51

( 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) N o 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, b y s ubmitting 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 sett ing forth the basis for the determination. ( 3 ) Alternative Examinations
. Programs are encouraged to make provisions for non
- English speaking technicians b y providing tests in other languages or allowing the use of a translator when taking the te st. A test may be administered orally

to any person who makes this request , in writing, to the program at least 30 day s 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 F ederall y- run programs, must create and maintain a publ icly
- searchable database of technicians they have certified.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

52

( 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 technic ian, 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 organi zation setting forth the basis for the determination. ( c ) Test Subject Material
. A bank of test questions developed b y the Administrator consists of groups, including a core group and te chnical groups. The Administrator will release this bank of questions only

to approved technician certification programs. Each t est 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]
**§82.164 Reclaimer certification.**  (a) A ll persons reclaiming used refrigerant for sale to a new owner must meet the following requirements : ( 1 ) Reclaim refrigerant to all the specifications in a ppendix A of this subpart (based on AHRI Standard 700
- 2015 , Specifica tion s for Refrigerants ) that are applicable to that refrigerant;For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

53

( 2 ) Verify that each batch of refrigerant reclaimed meets these specifications using the analy tical methodology

prescribed in a

ppendix 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 paragrap h ( d) of this section
. (b) The owner or a responsible officer reclaiming used refrigerant for sale to a new owner, except for persons who properl y certified under this section before May 11, 2004, must certify

to the Administrator at the address in § 82.160(a) that th ey 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 day s of the change at the address in § 82.160(a)
. (d) Recordkeeping and reporting
. (1) Reclaimers must maintain records of the anal ys is 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 andFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

54

contaminants) by

refrigerant ty

pe 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 day s of the end of the calendar year the total annual quantity of material (the combined mass of re frigerant 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 normall y 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 ty pe 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 ye ars unless otherwise indicated.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

55

(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 speci fied 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 day s 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 day s are neede d 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 do cumented and submitted to EPA within 30 day s 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 o wner or operator submitted the initial report concerning the need for additional time beyond the 30 day s and notification of the owner or operator's determination that the leak rate no longerFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

56

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, ty pes, 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 day s after conducting each test onl y where required under §82.156 (i)(1), (i)(2), (i)(3) and (i)(5). These reports must also include: Identification and phy sical addres s 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 h as 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 b y an authorized company official. (o) The owners or operators of appliance s 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) An y 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 sy stem; (8) The reasons wh y more than one ye ar is necessary to retrofit or retire the sy stem; (9) The date of notification to EPA; andFor reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

57

(10) An estimate of when retrofit or retirement work will be completed. If the estimated date of comp letion 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 day s of discovering the need f or the change, and must retain a dated copy of this submission. (p)(1) Owners or operators who wish to exclude purged refrigerants that are destro yed 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 destro yed is not greater than the amount of refrigerant actuall y purged and destro yed 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 co ntact 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 contro l device, and its destruction efficiency
.For reference only. Please refer to the Federal Register Notice for the official ch anges proposed in this action.

58

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 b y using an established range or using that methodology in combination with other methods for de termining 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, it s midpoint, and how the range was determined; (4) An y and all revisions of the full charge range and how they were determined; and (5) The dates such revisions occurred.