Chapter ATCP 136

ATCP 136.08   Technician training.

ATCP 136.10   Buying and selling refrigerant.

ATCP 136.12   Recovery and recycling equipment; approval.

ATCP 136.14   Recycled or reclaimed refrigerant; purity standards.

ATCP 136.16   Repair and service practices.

ATCP 136.20   Prohibited practices.

Ch. ATCP 136 Note Note: This chapter is adopted under authority of ss. 93.07 (1), 100.20 (2), and 100.45 (5) and (5e), Stats. Violations of this chapter are subject to the penalties and remedies provided under ss. 93.06 (7) and (8), 100.26 (3) or (6), and 100.45 (6).

Ch. ATCP 136 Note Note: Chapter Ag 136 was renumbered chapter ATCP 136 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448. Chapter ATCP 136 as it existed on February 29, 1996 was repealed and a new chapter ATCP 136 was created effective March 1, 1996.

ATCP 136.01 ATCP 136.01 Definitions. In this chapter:

ATCP 136.01(1) (1) “Approved refrigerant reclamation facility” means a reclamation facility certified by the United States environmental protection agency under 40 CFR 82.164.

ATCP 136.01 Note Note: You may obtain a list of approved reclamation facilities by writing to Weights and Measures Bureau, P.O. Box 8911, Madison, WI 53708-8911.

ATCP 136.01(5) (5) “Buy” or “purchase” means to acquire ownership rights.

ATCP 136.01(6) (6) “Consign” means to deliver to another’s custody for sale.

ATCP 136.01(7) (7) “Consignee” means a person who receives refrigerant from its owner on consignment.

ATCP 136.01(8) (8) “Consignor” means an owner of refrigerant who consigns refrigerant to another’s custody for sale on behalf of the owner.

ATCP 136.01(9) (9) “Individual” means a natural person.

ATCP 136.01(10) (10) “Mobile air conditioner” means mechanical vapor compression refrigeration equipment used to cool the driver, passenger or cargo compartment of a motor vehicle.

ATCP 136.01(11) (11) “Motor vehicle” has the meaning given under s. 100.45 (1) (c), Stats.

ATCP 136.01(11m) (11m) “Ozone-depleting refrigerant” means a substance used in refrigeration that is or contains a class I substance, as defined in 42 USC 7671 (3) or a class II substance, as defined in 42 USC 7671 (4).

ATCP 136.01(12) (12) “Person” means any of the following:

ATCP 136.01(12)(a) (a) An individual.

ATCP 136.01(12)(b) (b) A corporation, partnership, limited liability company, business trust, cooperative, association or other business entity.

ATCP 136.01(12)(c) (c) The state of Wisconsin or any agency of the state.

ATCP 136.01(12)(d) (d) A body corporate or politic.

ATCP 136.01(13) (13) “Receive on consignment” means to receive for sale on behalf of another.

ATCP 136.01(14) (14) “Reclaimed refrigerant” means used refrigerant that is purified at an approved refrigerant reclamation facility to meet applicable purity standards under s. ATCP 136.14 (2).

ATCP 136.01(15) (15) “Recovered refrigerant” means used refrigerant, other than reclaimed or recycled refrigerant.

ATCP 136.01(16) (16) “Recovery equipment” means equipment used to remove refrigerant from a mobile air conditioner or trailer refrigeration equipment without recycling that refrigerant.

ATCP 136.01(17) (17) “Recycling equipment” means equipment used to recycle used refrigerant for sale or use as recycled refrigerant.

ATCP 136.01(18) (18) “Recycled refrigerant” means used refrigerant that is recycled to meet applicable purity standards under s. ATCP 136.14 (1).

ATCP 136.01(19) (19) “Refrigerant” means any substance used, sold for use, or designed or intended for use in a mobile air conditioner or trailer refrigeration equipment to transfer heat out of the space being cooled. “Refrigerant” includes a class I substance as defined in 42 USC 7671(3), a class II substance as defined in 42 USC 7671(4), and any substance used, sold for use, or designed or intended for use as a substitute for a refrigerant.

ATCP 136.01(20) (20) “Sell” means to transfer ownership rights. “Sell” includes selling for another on consignment.

ATCP 136.01(21) (21) “Technician” means an individual who is properly trained and certified in appropriate programs, as specified by the federal environmental protection agency under 42 USC 7671h.

ATCP 136.01(22) (22) “Trailer refrigeration equipment” has the meaning given under s. 100.45 (1) (e), Stats.

ATCP 136.01(23) (23) “Used refrigerant” means refrigerant that is removed from a mobile air conditioner or trailer refrigeration equipment.

ATCP 136.01 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; r. (2), am. (19), Register, January, 2001, No. 541, eff. 2-1-01; CR 13-043: cr. (11m) Register February 2014 No. 698, eff. 5-1-14; CR 15-015: r. (3), (4), am. (21) Register January 2016 No. 721, eff. 2-1-16.

ATCP 136.08 ATCP 136.08 Technician training. No person may perform motor vehicle repair that releases or may release refrigerant from a mobile air conditioner or trailer refrigeration equipment or may install or service a mobile air conditioner or trailer refrigeration equipment that contains refrigerant unless that person is properly trained and certified in appropriate programs, as specified by the federal environmental protection agency under 42 USC 7671h.

ATCP 136.08 Note Note: A list of currently authorized Mobile Air Conditioning Technician Training and Certification programs can be found here: https://www.epa.gov/section608/section-608-technician-certification-programs and here: https://www.epa.gov/mvac/section-609-technician-training-and-certification-programs

ATCP 136.08 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; r. and recr. (1), r. (4), am. (5), Register, January, 2001, No. 541, eff. 2-1-01; CR 15-015: r. and recr. Register January 2016 No. 721, eff. 2-1-16.

ATCP 136.10 ATCP 136.10 Buying and selling refrigerant.

ATCP 136.10(1) (1) Container size; general. No person may buy, sell or consign refrigerant in a container holding less than 15 pounds of ozone-depleting refrigerant.

ATCP 136.10(2) (2) Selling new or reclaimed refrigerant. No person may sell or consign new or reclaimed refrigerant, except to one of the following:

ATCP 136.10(2)(a) (a) A person who sells or resells that refrigerant in its original container, to persons identified under par. (b). A sale or consignment does not violate this paragraph if the seller or con-signor relies in good faith on a written statement from the buyer or consignee that does all the following:

ATCP 136.10(2)(a)1. 1. Contains the legal name and business address of the buyer or consignee.

ATCP 136.10(2)(a)2. 2. Guarantees that the buyer or consignee will sell or resell the refrigerant only in its original container.

ATCP 136.10(2)(a)3. 3. Guarantees that the buyer or consignee will sell or resell the refrigerant only to persons identified in par. (b).

ATCP 136.10(2)(b) (b) A technician.

ATCP 136.10(3) (3) Buying and selling recovered refrigerant.

ATCP 136.10(3)(a) (a) No person may sell or consign recovered refrigerant, except to one of the following:

ATCP 136.10(3)(a)1. 1. A technician who sells or consigns the recovered refrigerant to the operator of an approved reclamation facility for reclamation at that facility, or who uses approved recycling equipment under s. ATCP 136.12 (3) to recycle the refrigerant for reuse in mobile air conditioners.

ATCP 136.10(3)(a)3. 3. An approved refrigerant reclamation facility.

ATCP 136.10(3)(b) (b) Only the following persons may sell or consign recovered refrigerant to a person in this state:

ATCP 136.10(3)(b)1. 1. A technician.

ATCP 136.10(3)(b)3. 3. A person registered with the state of Wisconsin, department of natural resources under ch. NR 488.

ATCP 136.10(3)(c) (c) No person may buy recovered refrigerant in this state, or receive recovered refrigerant on consignment in this state, from any person other than a person identified under par. (b).

ATCP 136.10(4) (4) Selling recycled refrigerant.

ATCP 136.10(4)(a) (a) No person may sell or consign recycled refrigerant except to one of the following:

ATCP 136.10(4)(a)1. 1. A technician who sells or consigns the recycled refrigerant to the operator of an approved reclamation facility for reclamation at that facility.

ATCP 136.10(4)(a)3. 3. An approved refrigerant reclamation facility.

ATCP 136.10(5) (5) Misrepresentations. No person may represent any of the following, either directly or by implication:

ATCP 136.10(5)(a) (a) That used refrigerant is new refrigerant.

ATCP 136.10(5)(b) (b) That used refrigerant is recycled unless it meets applicable purity standards for recycled refrigerant under s. ATCP 136.14 (1).

ATCP 136.10(5)(c) (c) That used refrigerant is reclaimed unless it is reclaimed at an approved refrigerant reclamation facility and meets purity standards for reclaimed refrigerant under s. ATCP 136.14 (2).

ATCP 136.10(5)(d) (d) That a substitute refrigerant may be used as a replacement for a class I substance as defined in 42 USC 7671(3), or a class II substance as defined in 42 USC 7671(4), unless the person discloses the special repair and service requirements under s. ATCP 136.16 (4).

ATCP 136.10(6) (6) Used refrigerant; containers and labeling. No person may hold, sell or consign used refrigerant except in a container that complies with standards adopted by the United States department of transportation under 49 CFR 173.304. The container shall be clearly labeled to indicate all of the following:

ATCP 136.10(6)(a) (a) The type of refrigerant.

ATCP 136.10(6)(b) (b) Whether the refrigerant is recovered, recycled or reclaimed.

ATCP 136.10(7) (7) Purchase records. A person who buys refrigerant or receives refrigerant on consignment shall keep an accurate record of all the following:

ATCP 136.10(7)(a) (a) The legal name and complete address of the person from whom that person purchased or received that refrigerant.

ATCP 136.10(7)(b) (b) The type and amount of refrigerant purchased or received.

ATCP 136.10(7)(c) (c) Whether, at the time of purchase or receipt, the refrigerant was new, reclaimed, recycled or recovered.

ATCP 136.10 Note Note: A purchaser or consignee may use purchase or consignment invoices to comply with sub. (7) if the invoices contain all of the information required under sub. (7).

ATCP 136.10(8) (8) Sales records. A person who sells or consigns refrigerant to another person shall keep accurate records of all the following:

ATCP 136.10(8)(a) (a) The legal name and complete address of the person to whom the refrigerant was sold or consigned.

ATCP 136.10(8)(b) (b) The type and amount of refrigerant sold or consigned.

ATCP 136.10(8)(c) (c) Whether, at the time of sale or consignment, the refrigerant was new, reclaimed, recycled or recovered.

ATCP 136.10(8)(d) (d) A copy of any written guarantee received under sub. (2) (a) from the buyer or consignee.

ATCP 136.10 Note Note: A seller or consignor may use sale or consignment invoices to comply with this subsection if the invoices contain all of the information required under this subsection.

ATCP 136.10(9) (9) Availability of records. A person required to keep a record under sub. (7) or (8) shall retain that record for at least 2 years, and shall make the record available for inspection and copying by the department upon request.

ATCP 136.10 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; corrections in (2) (c) and (3) (b) 4. made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, April, 1999, No. 520; r. and recr. (2) (intro.), (a), (3) (a) 2., am. (3) (a) (intro.) and 1., (b) (intro.), (4) (a) (intro.), 1., (7) (a), (8) (a), r. (3) (b) 2., (4) (a) 2., (b), cr. (5) (d), Register, January, 2001, No. 541, eff. 2-1-01; corrections in (2) (c), (3) (a) 2. and (b) 4. made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673; CR 13-043: am. (1) Register February 2014 No. 698, eff. 5-1-14; CR 15-015: am. (2) (a) (intro.), 3., (b), r. (2) (c), (d), am. (3) (a) 1., r. (3) (a) 2., r. and recr. (3) (b) 1., r. (3) (b) 4., am. (4) (a) 1. Register January 2016 No. 721, eff. 2-1-16.

ATCP 136.12 ATCP 136.12 Recovery and recycling equipment; approval.

ATCP 136.12(1) (1) Approval required. No person may recover or recycle used refrigerant from a mobile air conditioner or trailer refrigeration equipment unless the department first approves the equipment used to recover or recycle that refrigerant. The department shall approve recovery or recycling equipment if one of the following conditions is met:

ATCP 136.12(1)(a) (a) An approved independent testing organization under sub. (2) tests the equipment and certifies that it complies with applicable standards under sub. (3).

ATCP 136.12(1)(b) (b) The equipment manufacturer demonstrates that the United States environmental protection agency has designated the equipment as substantially identical to equipment approved under par. (a).

ATCP 136.12 Note Note: You may obtain a list of approved recovery and recycling equipment by writing to Weights and Measures Bureau, P.O. Box 8911, Madison, WI 53708-8911.

ATCP 136.12(2) (2) Independent testing organizations; approval. The department shall approve an independent testing organization to test and certify recovery and recycling equipment for compliance with sub. (3) if the organization provides evidence that the United States environmental protection agency has approved the organization under s. 40 CFR 82.38. If the United States environmental protection agency withdraws its approval, the department shall withdraw its approval.

ATCP 136.12 Note Note: You may obtain a list of approved independent testing organizations by writing to Weights and Measures Bureau, P.O. Box 8911, Madison, WI 53708-8911.

ATCP 136.12(3) (3) Certification standards. To be certified under sub. (1) (a), refrigerant recovery or recycling equipment shall meet all of the following standards which apply to that equipment: