40 CFR §82.38
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Any independent standards testing organization may apply for approval by the Administrator to certify equipment as meeting the standards in § 82.36(a) and appendices A, B, C, D, E, and F to this subpart, as applicable. The application shall be sent to: MVACs Recycling Program Manager, Stratospheric Protection Division (6205T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
- (b)Applications for approval must document the following:
- (1)That the organization has the capacity to accurately test whether refrigerant recycling equipment complies with the applicable standards. In particular, applications must document:
- (i)The equipment present at the organization that will be used for equipment testing;
- (ii)The expertise in equipment testing and the technical experience of the organization's personnel;
- (iii)Thorough knowledge of the standards as they appear in the applicable appendices of this subpart; and
- (iv)The test procedures to be used to test equipment for compliance with applicable standards, and why such test procedures are appropriate for that purpose.
- (2)That the organization has no conflict of interest and will receive no financial benefit based on the outcome of certification testing; and
- (3)That the organization agrees to allow the Administrator access to verify the information contained in the application.
- (1)That the organization has the capacity to accurately test whether refrigerant recycling equipment complies with the applicable standards. In particular, applications must document:
- (c)If approval is denied under this section, the Administrator shall give written notice to the organization setting forth the basis for his or her determination.
- (d)If at any time an approved independent standards testing organization is found to be conducting certification tests for the purposes of this subpart in a manner not consistent with the representations made in its application for approval under this section, the Administrator reserves the right to revoke approval.