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).