82.164—Reclaimer certification.
Effective May 11, 2004, all persons reclaiming used refrigerant for sale to a new owner, except for persons who properly certified under this section prior to May 11, 2004, must certify to the Administrator that such person will:
(a)
Reprocess refrigerant to all of the specifications in Appendix A of this subpart (based on ARI Standard 700-1995, Specification for Fluorocarbons and Other Refrigerants) that are applicable to that refrigerant;
(b)
Verify that the refrigerant meets these specifications using the analytical methodology prescribed in Appendix A, which includes the primary methodologies included in the appendix to the ARI Standard 700-1995;
(d)
Dispose of wastes from the reclamation process in accordance with all applicable laws and regulations.
(3)
The owner or a responsible officer of the reclaimer must sign the certification stating that the refrigerant will be reprocessed to all of the specifications in Appendix A of this subpart (based on ARI Standard 700-1995, Specification for Fluorocarbons and Other Refrigerants) that are applicable to that refrigerant, that the refrigerant's conformance to these specifications will be verified using the analytical methodology prescribed in Appendix A (which includes the primary methodologies included in the appendix to the ARI Standard 700-1995), that no more than 1.5 percent of the refrigerant will be released during the reclamation process, that wastes from the reclamation process will be properly disposed of, that the owner or responsible officer of the reclaimer will maintain records and submit reports in accordance with § 82.166(g) and (h), and that the information given is true and correct. The certification should be sent to the following address: U.S. Environmental Protection Agency; Global Programs Division (6205J); 1200 Pennsylvania Avenue, NW., Washington, DC 20460; Attn: Section 608 Recycling Program Manager—Reclaimer Certification.
(f)
Certificates are not transferable. In the event of a change in ownership of an entity which reclaims refrigerant, the new owner of the entity shall certify within 30 days of the change of ownership pursuant to this section.
(g)
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 or her or his designated representative shall give notice to the organization setting forth the basis for her or his determination.