Chapter NR 488

NR 488.07(1) (1) The department may approve refrigerant recovery equipment if all of the following conditions are met:

NR 488.07(1)(a) (a) A nationally recognized testing laboratory has approved the recovery equipment.

NR 488.07(1)(b) (b) The department determines that the laboratory’s approval is based on adequate testing for safety and recovery efficiency.

NR 488.07(1)(c) (c) The refrigerant recovery equipment is capable of recovering at least 90% of refrigerant remaining in salvaged or dismantled refrigeration equipment.

NR 488.07(2) (2) Refrigerant recovery equipment approved by the department of agriculture, trade & consumer protection under ch. ATCP 136 or the department of safety and professional services under ch. SPS 345 is considered approved under this section.

NR 488.07 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; am. (1) (intro.), Register, January, 1997, No. 493, eff. 2-1-97; correction in (2) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

NR 488.08 NR 488.08 Qualifications of individuals who use approved refrigerant recovery equipment. To be qualified to use or supervise the use of approved refrigerant recovery equipment, an individual shall successfully complete a training program specifically designed to certify that individual to recover refrigerant from the type of refrigeration equipment that individual will salvage or dismantle. This training program shall be approved by the department under s. NR 488.09, or approved by the department of agriculture, trade and consumer protection under ch. ATCP 136 or the department of safety and professional services under ch. SPS 305.

NR 488.08 Note Note: Certification for individuals performing refrigerant recovery from salvaged vehicle air conditioners can be provided by training programs approved by the Wisconsin department of agriculture, trade and consumer protection under s. ATCP 136.08.

NR 488.08 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; CR 05-018: am. Register November 2005 No. 599, eff. 12-1-05; correction made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

NR 488.09 NR 488.09 Approval of training programs.

NR 488.09(1) (1) The department may approve a training program that certifies an individual to use or supervise the use of approved refrigerant recovery equipment if the training program provides all of the following:

NR 488.09(1)(a) (a) A presentation of the environmental concerns, including the destruction of stratospheric ozone and the global greenhouse effect, relating to the emission of regulated refrigerants.

NR 488.09(1)(b) (b) A presentation of applicable state and federal laws regulating the recovery and handling of regulated refrigerants.

NR 488.09(1)(c) (c) Instruction on general safety precautions to be followed during the recovery and handling of regulated refrigerants.

NR 488.09(1)(d) (d) Instruction for each person participating in the training program in the use of approved refrigerant recovery equipment. This instruction shall include an opportunity for each participant to operate or closely observe the operation of approved refrigerant recovery equipment.

NR 488.09 Note Note: The recovery equipment should be of the type meant for refrigerant recovery from the kinds of refrigeration equipment expected to be salvaged or dismantled by training program participants.

NR 488.09(1)(e) (e) An evaluation of each individual participating in the course to verify successful completion.

NR 488.09(1)(f) (f) A certificate which identifies each individual who has successfully completed the program and each individual who was responsible for the presentation of the program.

NR 488.09(2) (2) Application for approval of a training program shall be made by submitting an application on forms provided by the department along with the fee required under s. NR 488.11. The applicant shall demonstrate to the satisfaction of the department that the individuals who are responsible for the presentation of that program have adequate knowledge in all subject areas identified in sub. (1) (a) to (d).

NR 488.09 Note Note: Forms for this application are available from the Bureau of Air Management NR 488 Program.

NR 488.09(3) (3) Approval of a training program shall expire 3 years after the date of approval.

NR 488.09 Note Note: A list of approved training programs is available from the Bureau of Air Management NR 488 Program.

NR 488.09 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; CR 05-018: am. (1) (a) to (c) Register November 2005 No. 599, eff. 12-1-05.

NR 488.10 NR 488.10 Safe transport certification; exemptions.

NR 488.10(1) (1) Safe transport certification. Any person who transports, for the purposes of salvaging or dismantling, refrigeration equipment that contains regulated refrigerant shall certify to the department that that person will not knowingly or negligently release regulated refrigerant to the environment, except for minimal releases that occur as a result of refrigerant recovery efforts. This certification shall be submitted annually, along with a description of the safe transport methods to be used, and the fees required under s. NR 488.11. The department shall provide a receipt acknowledging the submission of this certification and fees.

NR 488.10 Note Note: Forms for this certification and description are available from the Bureau of Air Management NR 488 Program.

NR 488.10(2) (2) Exemptions. The certification requirement in sub. (1) does not apply to:

NR 488.10(2)(a) (a) An individual who transports his or her personal refrigeration equipment.

NR 488.10 Note Note: Individuals are prohibited from releasing regulated refrigerants in s. NR 488.03 (1).

NR 488.10(2)(b) (b) Any person transporting a vehicle, for the purposes of salvaging or dismantling, in a manner which will not interfere with the refrigeration equipment of the vehicle, including transporting vehicles on their own wheels, by tow trucks or secured on a vehicle specifically designed to transport motor vehicles.

NR 488.10 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; CR 05-018: am. (1) Register November 2005 No. 599, eff. 12-1-05.

NR 488.11 NR 488.11 Fees.

NR 488.11(1) (1) Any person applying for registration under s. NR 488.04, approval of training programs under s. NR 488.09 or certifying safe transport under s. NR 488.10 shall pay the applicable fee or fees as follows:

NR 488.11(1)(a) (a) Persons applying for annual registration to salvage or dismantle refrigeration equipment under s. NR 488.04 shall submit a nonrefundable fee of $250.00, except as provided under par. (b).

NR 488.11(1)(b) (b) Persons applying for annual registration to salvage or dismantle refrigeration equipment under s. NR 488.04 and who are already registered for refrigerant recovery with the department of agriculture, trade and consumer protection under ch. ATCP 136 or the department of safety and professional services under ch. SPS 305 and who salvage or dismantle as a minor activity incidental to providing service to their customers shall submit a nonrefundable fee of $125.00.

NR 488.11(1)(c) (c) Persons requesting approval of a training program under s. NR 488.09 shall submit a nonrefundable fee of $500.00.

NR 488.11(1)(d) (d) Persons certifying safe transport of refrigeration equipment for the purposes of salvaging or dismantling under s. NR 488.10 shall submit both of the following:

NR 488.11(1)(d)1. 1. An annual, nonrefundable fee of $75.00.

NR 488.11(1)(d)2. 2. An annual, nonrefundable fee of $25.00 times the number of vehicles to be used during the next year for safe transport of refrigeration equipment for the purposes of salvaging or dismantling.

NR 488.11(2) (2) Persons applying for annual registration under sub. (1) (a) or (b) are not required to submit the fee under sub. (1) (d) 1., but shall submit the fee required under sub. (1) (d) 2.

NR 488.11 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; am. (1) (d) (intro.)., 1., Register, January, 1997, No. 493, eff. 2-1-97; CR 05-018: am. (1) (a) Register November 2005 No. 599, eff. 12-1-05; corrections in (1) (b) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register November 2005 No. 599; correction in (1) (b) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

NR 488.12 NR 488.12 Penalties.

NR 488.12(1) (1) Any person who salvages or dismantles refrigeration equipment in violation of s. NR 488.03 (3) shall forfeit not less than $100 nor more than $1000. Each act of salvaging or dismantling in violation of s. NR 488.03 (3) constitutes a separate violation.

NR 488.12(2) (2) Any person who sells, gives or transports refrigeration equipment to a scrap metal processor in violation of s. NR 488.05 shall forfeit not less than $100 nor more than $1000. Each unit sold, given or transported in violation of s. NR 488.05 constitutes a separate violation.

NR 488.12(3) (3) Any person who releases regulated refrigerant in violation of s. NR 488.03 (1) or (2) or who transports refrigeration equipment in violation of s. NR 488.10 (1) shall forfeit not less than $100 nor more than $1000. Each release in violation of s. NR 488.03 (1) or (2) or transport in violation of s. NR 488.10 (1) constitutes a separate violation.

NR 488.12 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; am. (1) (b), Register, December, 1995, No. 480, eff. 1-1-96; CR 05-018: am. (3) Register November 2005 No. 599, eff. 12-1-05.