Restrictions

The requirements of this section are to identify over-arching restrictions when working with refrigerant, MVAC, MVAC-like, or halon containing appliances.  Unless otherwise noted, the requirements are applicable to University staff, contractor, and vendors.  The University must only employ the services of contractors or vendors that adhere to the regulatory requirements of 40 CFR 82 and this program. 

No Venting Rule – (§82.154, §82.270)

It is unlawful for any person, in the course of maintaining, servicing, repairing, or disposing of an appliance or industrial process refrigeration, to knowingly release or dispose of any Class I (including halons) or Class II substances, or non-exempt substitutes including blends and mixtures into the environment.  Further, it is unlawful for any person to knowingly release a Class I or Class II refrigerant or a non-exempt substitute refrigerant including blends and mixtures after its recovery from an appliance.

De minimis releases associated with good faith attempts to recycle or recover refrigerants are not subject to this prohibition. Except for exempt substitutes, refrigerant releases are de minimis only if the release occurred while following all work practices of the requirements in 40 CFR 82.  Contact the Air Quality Compliance Manager (AQCM) in the Environmental Quality Management Department (EQM) for further investigation if a release is thought to be de minimis.

Use of a Certified Technician – (§82.154, §82.270)

Any person who could be reasonably expected to violate the integrity of the refrigerant circuit and release refrigerant to the environment during the maintenance, service, repair, or disposal of appliances must pass an EPA technician certification exam offered by an EPA approved technician certification program.  Persons that dispose of small appliances, motor vehicle air conditioners (MVAC), or MVAC-like appliances are not required to be certified.  Similarly, apprentices are not required to be certified if closely and continually supervised by a certified technician.

Activities reasonably expected to violate the integrity of the appliance refrigerant circuit include but are not limited to attaching or detaching hoses and gauges to and from the appliance; adding or removing refrigerant; adding or removing components; and cutting the refrigerant line. Activities such as painting the appliance, rewiring an external electrical circuit, replacing insulation on a length of pipe, or tightening nuts and bolts are not reasonably expected to violate the integrity of the refrigerant circuit. Activities conducted on appliances that have been properly evacuated are not reasonably expected to release refrigerants unless the activity includes adding refrigerant to the appliance.

The University must only use in-house technicians, contractors, or vendors that have current EPA certification.  A copy of all University employee technician certifications must be retained on file with the technician’s specific Department.  A copy must also be submitted to the AQCM.  Employees of contractors and vendors must verify appropriate technician certification to the University as part of the contract procurement process when the work is reasonably expected to violate the integrity of the appliance refrigerant circuit or when the work includes recycling or disposal of the appliance or refrigerant. 

The table below lists the required certifications needed to work on refrigerant appliances.  Certified technicians may only work on appliances for which they have been properly certified.

Refrigerant Sales or Purchasing (§82.154, §82.34)

The University may only sell unused cylinders of refrigerants, or unused cylinders of refrigerants used in MVAC or MVAC-like appliances to buyers that provide proof that the buyer, or at least one employee of the buyer, is a certified technician through the appropriate Subpart F (Recycling and Emissions Reduction) or Subpart B (Motor Vehicle).

The University may only sell used cylinders of refrigerant if the refrigerant was reclaimed by a certified reclaimer (refer to Section 4.4); is being transferred between one University facility to another; or for MVAC, was used only in a MVAC or MVAC-like appliance and will be used in a MVAC or MVAC-like appliance and was recycled with the requirements of Subpart B.

The University may sell refrigerant that is sold as part of an appliance with a fully assembled refrigerant circuit or an appliance component.

Records of refrigerant sales must be kept for three years.  The invoice must include the name of the purchaser, the date of sale, and the quantity of refrigerant sold. The University must keep the documentation provided by the buyer to demonstrate employment of a person certified under Subpart F or Subpart B for sales of refrigerants which are not contained in an operable refrigerant circuit.  

In order to purchase refrigerants other than in an operable refrigerant circuit, the University must employ a certified technician.  As is the case in Purchasing/Stores, the seller may specify the certified technician be employed by a particular Department rather than the University as a whole.

Reclaimer Certification (§82.164)

The University does not reclaim refrigerant for sell to outside buyers.  If the procedure changes, a process to meet the following requirements of 40 CFR 82.164 must be developed.

• Reclaimed refrigerant for sale to a buyer other than the University must be reclaimed to the specification and analytical methodology of 40 CFR 82, Appendix A.
• The University must be certified by EPA that the reclamation process meets the requirements of the regulation.
• The reclaimer must keep records for three years of the analysis of each batch of reclaimed refrigerant; name and address of the person sending the material for reclamation; and the quantity of the material by refrigerant type.
• The reclaimer must annually submit to EPA the total quantity of material by type, the total mass of each refrigerant reclaimed, and the total mass of waste product. 

Appliance Recovery and Recycling Equipment (§82.158)

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 of §82.158 without resubmitting the altered design for certification testing.

The University must use recovery and/or recycling equipment that meets the following:

• Recovery and/or recycling equipment manufactured or imported before November 15, 1993, intended for use during the maintenance, service, repair, or disposal of appliances (except small appliances, MVACs, and MVAC-like appliances) will be considered certified if it is capable of achieving the level of evacuation specified in Table 2 of §82.158 when tested using a properly calibrated pressure gauge.  Recovery and/or recycling equipment manufactured or imported after November 15, 1993, must be certified by an approved equipment testing organization to meet level of evacuation specified in Table 2 of §82.158.
• Equipment used during the maintenance, service, repair, or disposal of small appliances must be certified by an approved equipment testing organization to be capable of recovering 90 percent of the refrigerant in the test stand when the compressor of the test stand is operational and 80 percent of the refrigerant when the compressor of the test stand is not operational, when used in accordance with the manufacturer's instructions under the conditions of Appendix C, Method for Testing Recovery Devices for Use with Small Appliances.  Equipment manufactured or imported before November 15, 1993, will be considered certified if it is capable of either recovering 80 percent of the refrigerant in the system, whether or not the compressor of the test stand is operational, or achieving a 4-inch vacuum when tested using a properly calibrated pressure gauge.  Equipment manufactured or imported on or after November 15, 1993, may also be certified if it is capable of achieving a 4-inch vacuum under the conditions of Appendix B1 of Subpart F, based upon ARI Standard 740-1993.  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 4-inch vacuum under the conditions of Appendix B2 of Subpart F, based upon ARI Standard 740-1995.  Equipment manufactured or imported on or after January 1, 2017, may also be certified if it is capable of achieving a 4-inch vacuum under the conditions of Appendix B3 of Subpart F (for non-flammable refrigerants), based upon AHRI Standard 740-2016 or Appendix B4 of Subpart F (for flammable refrigerants), based upon both AHRI Standard 740-2016 and UL 1963, Supplement SB, Requirements for Refrigerant Recovery/Recycling Equipment Intended for Use with a Flammable Refrigerant, Fourth Edition, June 1, 2011.
• Equipment used to evacuate refrigerant from small appliances before they are disposed of may also be certified if it is capable of achieving a 4-inch vacuum when tested using a properly calibrated pressure gauge