Register January 2012 No. 673
Chapter ATCP 136
MOBILE AIR CONDITIONERS; RECLAIMING OR RECYCLING REFRIGERANT
Repair or service business; registration.
Business operator to register technicians.
Buying and selling refrigerant.
Recovery and recycling equipment; approval.
Recycled or reclaimed refrigerant; purity standards.
Repair and service practices.
Ch. ATCP 136 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 Chapter ATCP 136 as it existed on February 29, 1996 was repealed and a new chapter ATCP 136 was created effective March 1, 1996.
"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 refrigerant reclamation facilities by writing to OZONE, Consumer Protection Bureau, P.O. Box 8911, Madison, WI 53708-8911.
"Business operator" means a person who operates a business or organization that engages in any of the activities identified under s. ATCP 136.02 (1)
"Buy" or "purchase" means to acquire ownership rights.
"Consign" means to deliver to another's custody for sale.
"Consignee" means a person who receives refrigerant from its owner on consignment.
"Consignor" means an owner of refrigerant who consigns refrigerant to another's custody for sale on behalf of the owner.
"Mobile air conditioner" means mechanical vapor compression refrigeration equipment used to cool the driver, passenger or cargo compartment of a motor vehicle.
A corporation, partnership, limited liability company, business trust, cooperative, association or other business entity.
"Receive on consignment" means to receive for sale on behalf of another.
"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)
"Recovered refrigerant" means used refrigerant, other than reclaimed or recycled refrigerant.
"Recovery equipment" means equipment used to remove refrigerant from a mobile air conditioner or trailer refrigeration equipment without recycling that refrigerant.
"Recycling equipment" means equipment used to recycle used refrigerant for sale or use as recycled refrigerant.
"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.
"Sell" means to transfer ownership rights. "Sell" includes selling for another on consignment.
"Used refrigerant" means refrigerant that is removed from a mobile air conditioner or trailer refrigeration equipment.
ATCP 136.01 History
Cr. Register, February, 1996, No. 482
, eff. 3-1-96; r. (2), am. (19), Register, January, 2001, No. 541
, eff. 2-1-01.
Repair or service business; registration. ATCP 136.02(1)(1)
Business registration certificate required.
Except as provided under sub. (2)
, no business operator may do any of the following unless that operator holds a valid annual business registration certificate issued by the department:
Install or service a mobile air conditioner or any trailer refrigeration equipment. This paragraph does not apply to the installation of a mobile air conditioner or trailer refrigeration equipment that is not charged with refrigerant.
Repair a motor vehicle if the repair may release refrigerant from a mobile air conditioner or any trailer refrigeration equipment.
Charge a mobile air conditioner or trailer refrigeration equipment with refrigerant.
(2) Exemptions. Subsection (1)
does not apply to any of the following:
A technician, registered under s. ATCP 136.04
, who performs activities under sub. (1)
solely as an employee of a business operator registered under sub. (1)
A person who engages in activities under sub. (1)
solely as a motor vehicle salvager or dismantler registered with the state of Wisconsin department of natural resources under ch. NR 488
A person who engages in activities under sub. (1)
solely for instructional purposes as part of an approved training program under s. ATCP 136.08
(3) Separate registration certificate for each business location.
A business operator shall obtain a separate business registration certificate for each business location, owned or leased by that operator, at which that operator engages in any of the activities under sub. (1)
. A business operator shall prominently display that certificate at that location.
(4) Applying for a business registration certificate.
To obtain a registration certificate under sub. (1)
, a business operator shall apply on a form provided by the department. The department shall grant or deny an application within 30 days after it receives a complete application. An application shall include all of the following:
The address of the business location for which the applicant is required to hold a business registration certificate under sub. (3)
The trade name under which the applicant does business at each business location under par. (b)