Register November 2005 No. 599
Chapter NR 488
REFRIGERANT RECOVERY FROM SALVAGED OR DISMANTLED
REFRIGERATION EQUIPMENT
NR 488.01 Applicability; purpose. NR 488.04 Registration; issuance; expiration. NR 488.05 Conveyance to scrap metal processors; exemption. NR 488.07 Approval of refrigerant recovery equipment. NR 488.08 Qualifications of individuals who use approved refrigerant recovery equipment. NR 488.09 Approval of training programs. NR 488.10 Safe transport certification; exemptions. NR 488.01(1)(1) Applicability. This chapter applies to any person who salvages or dismantles mechanical vapor compression refrigeration equipment, any person who transports such equipment for salvaging or dismantling, any individual who uses or supervises the use of equipment to transfer regulated refrigerants from salvaged or dismantled mechanical vapor compression refrigeration equipment into storage tanks, any person who conducts a program to train operators of refrigerant recovery equipment and any person who conveys mechanical vapor compression refrigeration equipment to a scrap metal processor for metal recovery. NR 488.01(2)(2) Purpose. The purpose of this chapter is to establish, pursuant to s. 285.59, Stats., requirements for the recovery of regulated refrigerants from salvaged or dismantled mechanical vapor compression refrigeration equipment. NR 488.01 HistoryHistory: Cr. Register, April, 1993, No. 448, eff. 5-1-93; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1997, No. 493; CR 05-018: am. Register November 2005 No. 599, eff. 12-1-05. NR 488.02NR 488.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter: NR 488.02(1)(1) “Approved refrigerant recovery equipment” means any equipment approved under s. NR 488.07 for refrigerant recovery. NR 488.02 NoteNote: “Ozone-depleting refrigerant” is defined in the referenced statute as “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).” Examples of ozone-depleting refrigerants include, but are not limited to, chlorofluorocarbons such as R-11, R-12, R-113, R-114, R-115, R-500 and R-502 and hydrochlorofluorocarbons such as R-22. NR 488.02(3)(3) “Refrigerant recovery” means the transfer of regulated refrigerant from refrigeration equipment to an external container. NR 488.02(4)(4) “Refrigeration equipment” means any mechanical vapor compression device designed to contain and utilize a regulated refrigerant including, but not limited to, motor vehicle air conditioners, industrial and commercial cooling and ice-making equipment, large building cooling systems and home appliances such as refrigerators, freezers, room and central air conditioners, and dehumidifiers. NR 488.02(4m)(4m) “Regulated refrigerant” means a substance used in refrigeration equipment to transfer heat and which is an ozone-depleting refrigerant or any substance used as a substitute for an ozone-depleting refrigerant which is a hydrofluorocarbon (HFC), a perfluorocarbon (PFC) or a blend of any of these substances. NR 488.02 NoteNote: Hydrofluorocarbon refrigerants include, but are not limited to HFC-125 and HFC-134a; and perfluorocarbon refrigerants include, but are not limited to perfluoromethane and perfluoropropane.
NR 488.02(5)(5) “Salvage or dismantle” means to prepare entire units of refrigeration equipment, which have been removed permanently from service, for disposal. Treatment of portions of refrigeration equipment for the purpose of service or repair is not considered salvaging or dismantling. NR 488.02 NoteNote: “Scrap metal processor” is defined in the referenced statute as “a fixed location at which machinery and equipment are utilized for the processing and manufacturing of iron, steel or nonferrous metallic scrap into prepared grades and whose principal product is scrap iron, scrap steel or nonferrous metal scrap for sale for remelting purposes.”
NR 488.02 HistoryHistory: Cr. Register, April, 1993, No. 448, eff. 5-1-93; CR 05-018: am. (3) and (4), cr. (4m) Register November 2005 No. 599, eff. 12-1-05. NR 488.03(1)(1) During the salvaging, dismantling or transporting of refrigeration equipment, no person may knowingly or negligently release regulated refrigerant to the environment, except for minimal releases that occur as a result of efforts to transfer regulated refrigerant into storage tanks. NR 488.03(2)(2) No person may knowingly or negligently release from a storage tank to the environment regulated refrigerant that was removed during the salvaging, dismantling or transporting of refrigeration equipment, except for minimal releases that occur as a result of efforts to transfer regulated refrigerant into refrigeration equipment or other storage tanks. NR 488.03(3)(3) No person may salvage or dismantle any refrigeration equipment unless all the following conditions are met: NR 488.03(3)(a)(a) That person holds and prominently displays an annual registration obtained from the department under s. NR 488.04. NR 488.03(3)(b)(b) That person uses refrigerant recovery equipment approved by the department under s. NR 488.07 to transfer remaining regulated refrigerant from each piece of refrigeration equipment into storage tanks. NR 488.03 NoteNote: Tanks used to transport or store recovered refrigerant should meet the appropriate federal department of transportation requirements as specified in 49 CFR parts 173, 178 and 179. NR 488.03(3)(c)(c) Individuals who use the approved refrigerant recovery equipment have, or are working under the direct supervision of individuals who have, the qualifications required under s. NR 488.08. NR 488.03 HistoryHistory: Cr. Register, April, 1993, No. 448, eff. 5-1-93; am. (3) (intro.), Register, January, 1997, No. 493, eff. 2-1-97; CR 05-018: am. (1), (2), (3) and (b), cr. (4m) Register November 2005 No. 599, eff. 12-1-05. NR 488.04NR 488.04 Registration; issuance; expiration. NR 488.04(1)(1) Registration. In order to obtain an annual registration to salvage or dismantle refrigeration equipment, as required under s. NR 488.03 (3) (a), a person shall submit an application on forms supplied by the department along with the fee required under s. NR 488.11, and certify both of the following to the department: NR 488.04(1)(a)(a) That remaining regulated refrigerants will be transferred from each piece of refrigeration equipment into storage tanks using approved refrigerant recovery equipment and procedures which will minimize the release of regulated refrigerants to the environment. NR 488.04(1)(b)(b) That individuals who use the approved refrigerant recovery equipment have, or are working under the direct supervision of individuals who have, the qualifications required under s. NR 488.08. NR 488.04(2)(2) Issuance. The department shall issue the registration within 30 days of receipt of a completed application and the fee required under s. NR 488.11. NR 488.04(3)(3) Expiration. Registrations issued by the department under sub. (2) shall expire one year after the date of issuance. NR 488.04 NoteNote: Requests for forms for registration under this section, and other items listed in this chapter, should be directed to: Bureau of Air Management NR 488 Program, Department of Natural Resources, PO Box 7921, Madison WI 53707.
NR 488.04 HistoryHistory: Cr. Register, April, 1993, No. 448, eff. 5-1-93; am. (1), Register, January, 1997, No. 493, eff. 2-1-97; CR 05-018: am. (1) (intro.), (a) and (2) Register November 2005 No. 599, eff. 12-1-05. NR 488.05NR 488.05 Conveyance to scrap metal processors; exemption. NR 488.05(1)(1) Conveyance to a scrap metal processor. Any person who sells, gives or transports refrigeration equipment to a scrap metal processor shall do all of the following: NR 488.05(1)(a)(a) Transfer regulated refrigerant from the refrigeration equipment into a storage tank using approved refrigerant recovery equipment or obtain and possess documentation that another person performed the transfer. NR 488.05(1)(b)(b) Provide documentation to the scrap metal processor that he or she has complied with par. (a). NR 488.05 NoteNote: Sample forms for this documentation are available from the Bureau of Air Management NR 488 Program.
NR 488.05(2)(2) Exemption. Subsection (1) does not apply to a person who sells, gives or transports refrigeration equipment to a scrap metal processor when that processor has agreed in writing to transfer the regulated refrigerant into a storage tank using approved refrigerant recovery equipment and is registered with the department under s. NR 488.04. NR 488.05 HistoryHistory: Cr. Register, April, 1993, No. 448, eff. 5-1-93; am. (1) (intro.), Register, January, 1997, No. 493, eff. 2-1-97; CR 05-018: am. (1) (a) and (2) Register November 2005 No. 599, eff. 12-1-05. NR 488.06(1)(1) Salvager or dismantler. Persons who salvage or dismantle refrigeration equipment shall keep records of their refrigerant recovery activities. These records shall be kept for 3 years, shall be made available to the department upon request and shall include: NR 488.06(1)(a)(a) A training certificate for each individual certified to operate approved refrigerant recovery equipment under s. NR 488.08. NR 488.06(1)(b)(b) The brand, model number and serial number of each piece of approved refrigerant recovery equipment used for refrigerant recovery. NR 488.06(1)(c)(c) The type of equipment, the serial number or other identification number of each individual unit of refrigeration equipment salvaged or dismantled, and the date that the person either recovers the regulated refrigerant from that unit or determines that no regulated refrigerant remained in that unit. Examples of records suitable to identify individual units of refrigeration equipment include make, model and vehicle identification number (VIN) for vehicles with air conditioning, and numbering or marking which uniquely identifies each unit of refrigeration equipment salvaged or dismantled. NR 488.06(1)(d)(d) Records regarding the repair and maintenance of approved refrigerant recovery equipment, including date and nature of each repair or maintenance action. NR 488.06(2)(2) Conveyance to scrap metal processors. Documentation provided under s. NR 488.05 shall be retained by both the provider and the recipient for 3 years and shall be made available to the department upon request. NR 488.06(3)(3) Transporters. Persons certifying safe transport of refrigeration equipment under s. NR 488.10 shall retain the department’s receipt for this certification and a copy of this receipt in each vehicle used for such transport. The receipt and copies in vehicles shall be kept while valid and shall be made available to the department upon request. NR 488.06(4)(4) Training programs. Any person approved to conduct a training program under s. NR 488.09 shall retain records of certifications provided including identification of each individual successfully completing the program and the date of that individual’s certification. These records shall be kept for 10 years and shall be made available to the department upon request. NR 488.06 HistoryHistory: Cr. Register, April, 1993, No. 448, eff. 5-1-93; CR 05-018: am. (1) (intro.), (c) and (2) Register November 2005 No. 599, eff. 12-1-05. NR 488.07NR 488.07 Approval of refrigerant recovery equipment. 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 HistoryHistory: 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 488.08NR 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.
