Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 82  /  Sec. 82.162 Certification by owners of recovery and recycling equipment.

(a) No later than August 12, 1993, or within 20 days of commencing business for those persons not in business at the time of promulgation, persons maintaining, servicing, or repairing appliances except for MVACs, and persons disposing of appliances except for small appliances and MVACs, must certify to the Administrator that such person has acquired certified recovery or recycling equipment and is complying with the applicable requirements of this subpart. Such equipment may include system-dependent equipment but must include self-contained equipment, if the equipment is to be used in the maintenance, service, or repair of appliances except for small appliances. The owner or lessee of the recovery or recycling equipment may perform this certification for his or her employees. Certification shall take the form of a statement signed by the owner of the equipment or another responsible officer and setting forth:

(1) The name and address of the purchaser of the equipment, including the county name;

(2) The name and address of the establishment where each piece of equipment is or will be located;

(3) The number of service trucks (or other vehicles) used to transport technicians and equipment between the establishment and job sites and the field;

(4) The manufacturer name, the date of manufacture, and if applicable, the model and serial number of the equipment; and

(5) The certification must also include a statement that the equipment will be properly used in servicing or disposing of appliances and that the information given is true and correct. Owners or lessees of recycling or recovery equipment having their places of business in: ConnecticutMaineMassachusettsNew HampshireRhode IslandVermont must send their certifications to: CAA section 608 Enforcement Contact; EPA Region I; Mail Code OES04-5; 5 Post Office Square--Suite 100, Boston, MA 02109-3912.

Owners or lessees of recycling or recovery equipment having their places of business in: New YorkNew JerseyPuerto RicoVirgin Islands must send their certifications to: CAA section 608 Enforcement Contact; EPA Region II (2DECA-AC); 290 Broadway, 21st Floor; New York, NY 10007-1866.

Owners or lessees of recycling or recovery equipment having their places of business in: DelawareDistrict of ColumbiaMarylandPennsylvaniaVirginiaWest Virginia must send their certifications to: CAA section 608 Enforcement Contact; EPA Region III--Wheeling Operations Office; Mail Code 3AP12; 303 Methodist Building; 11th and Chapline Streets; Wheeling, WV 26003.

Owners or lessees of recycling or recovery equipment having their places of business in: AlabamaFloridaGeorgiaKentuckyMississippiNorth CarolinaSouth CarolinaTennessee must send their certifications to: CAA section 608 Enforcement Contact; EPA Region IV(APT-AE); Atlanta Federal Center; 61 Forsyth Street, SW.; Atlanta, GA 30303.

Owners or lessees of recycling or recovery equipment having their places of business in:IllinoisIndianaMichiganMinnesotaOhioWisconsin must send their certifications to:CAA section 608 Enforcement Contact, EPA Region V (AE17J); 77 West Jackson Blvd.; Chicago, IL 60604-3507.

Owners or lessees of recycling or recovery equipment having their places of business in: ArkansasLouisianaNew MexicoOklahomaTexas must send their certifications to: CAA section 608 Enforcement Contact; EPA Region VI (6EN-AA); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202.

Owners or lessees of recycling or recovery equipment having their places of business in: IowaKansasMissouriNebraska must send their certifications to: CAA section 609 Enforcement Contact; EPA Region 7; Mail Code AWMD/APCO/ACES; 11201 Renner Boulevard, Lenexa, Kansas 66219.

Owners or lessees of recycling or recovery equipment having their places of business in: ColoradoMontanaNorth DakotaSouth DakotaUtahWyoming must send their certifications to: CAA section 608 Enforcement Contact, EPA Region VIII, Mail Code 8ENF-T, 999 18th Street, Suite 500, Denver, CO 80202-2466.

Owners or lessees of recycling or recovery equipment having their places of business in:American SamoaArizonaCaliforniaGuamHawaiiNevada must send their certifications to:CAA section 608 Enforcement Contact; EPA Region IX; Mail Code AIR-5; 75 Hawthorne Street; San Francisco, CA 94105.

Owners or lessees of recycling or recovery equipment having their places of business in: AlaskaIdahoOregonWashington must send their certifications to: CAA section 608 Enforcement Contact; EPA Region X (OAQ-107); 1200 Sixth Avenue; Seattle, WA 98101.

(b) Certificates under paragraph (a) of this section are not transferable. In the event of a change of ownership of an entity that maintains, services, or repairs appliances except MVACs, or that disposes of appliances except small appliances, MVACs, and MVAC-like appliances, the new owner of the entity shall certify within 30 days of the change of ownership pursuant to paragraph (a) of this section.

(c) No later than August 12, 1993, persons recovering refrigerant from small appliances, MVACs, and MVAC-like appliances for purposes of disposal of these appliances must certify to the Administrator that such person has acquired recovery equipment that meets the standards set forth in Sec. 82.158 (l) and/or (m), as applicable, and that such person is complying with the applicable requirements of this subpart. Such equipment may include system-dependent equipment but must include self-contained equipment, if the equipment is to be used in the disposal of appliances except for small appliances. The owner or lessee of the recovery or recycling equipment may perform this certification for his or her employees. Certification shall take the form of a statement signed by the owner of the equipment or another responsible officer and setting forth:

(1) The name and address of the purchaser of the equipment, including the county name;

(2) The name and address of the establishment where each piece of equipment is or will be located;

(3) The number of service trucks (or other vehicles) used to transport technicians and equipment between the establishment and job sites and the field;

(4) The manufacturer's name, the date of manufacture, and if applicable, the model and serial number of the equipment; and

(5) The certification must also include a statement that the equipment will be properly used in recovering refrigerant from appliances and that the information given is true and correct. The certification shall be sent to the appropriate address in paragraph (a).

(d) Failure to abide by any of the provisions of this subpart may result in revocation or suspension of certification under paragraph (a) or (c) of this section. In such cases, the Administrator or her or his designated representative shall give notice to the organization setting forth the basis for her or his determination. [58 FR 28712, May 14, 1993, as amended at 59 FR 42962, Aug. 19, 1994; 69 FR 11980, Mar. 12, 2004; 78 FR 37977, June 25, 2013]