82.160—Approved equipment testing organizations.

(a) Any equipment testing organization may apply for approval by the Administrator to certify equipment pursuant to the standards in § 82.158 and appendices B2 or C of this subpart. The application shall be mailed to: Section 608 Recycling Program Manager; Global Programs Division; Mail Code: 6205J; U.S. Environmental Protection Agency; 1200 Pennsylvania Avenue, NW.; Washington, DC 20460.
(b) Applications for approval must include written information verifying the following:
(1) The list of equipment present at the organization that will be used for equipment testing.
(2) Expertise in equipment testing and the technical experience of the organization's personnel.
(3) Thorough knowledge of the standards and recordkeeping and reporting requirements as they appear in §§ 82.158 and 82.166 and Appendices B2 and/or C (as applicable) of this subpart.
(4) The organization must describe its program for verifying the performance of certified recycling and recovery equipment manufactured over the long term, specifying whether retests of equipment or inspections of equipment at manufacturing facilities will be used.
(5) The organization must have no conflict of interest and receive no direct or indirect financial benefit from the outcome of certification testing.
(6) The organization must agree to allow the Administrator access to records and personnel to verify the information contained in the application.
(c) Organizations may not certify equipment prior to receiving approval from EPA. If approval is denied under this section, the Administrator or her or his designated representative shall give written notice to the organization setting forth the basis for her or his determination.
(d) If at any time an approved testing organization is found to be conducting certification tests for the purposes of this subpart in a manner not consistent with the representations made in its application for approval under this section, the Administrator reserves the right to revoke approval in accordance with § 82.169. 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.

Code of Federal Regulations

[58 FR 28712, May 14, 1993, as amended at 59 FR 42962, Aug. 19, 1994; 68 FR 43808, July 24, 2003]