ATCP 136.08(1)(1)
Training required. A business operator may not register a technician under
s. ATCP 136.04 unless the technician has successfully completed a department-approved training program under
sub. (2). This training requirement does not apply if the technician meets the following applicable requirements:
ATCP 136.08(1)(a)
(a) The technician has done all of the following if the technician will be servicing mobile air conditioners:
ATCP 136.08(1)(a)1.
1. Serviced mobile air conditioners in another state within the previous 5 years.
ATCP 136.08(1)(a)3.
3. Successfully completed an open book examination administered by the department.
ATCP 136.08(1)(b)
(b) The technician has done all of the following if the technician will be servicing trailer refrigeration equipment:
ATCP 136.08(1)(b)1.
1. Serviced trailer refrigeration equipment in another state within the previous 5 years.
ATCP 136.08(1)(b)3.
3. Successfully completed an open book examination administered by the department.
ATCP 136.08(2)
(2) Training programs; department approval. The department may approve a technician training program that meets all of the following requirements:
ATCP 136.08(2)(a)2.
2. Instruction on environmental concerns related to the release of refrigerants.
ATCP 136.08(2)(a)3.
3. Instruction on applicable state and federal laws which regulate the handling of refrigerants.
ATCP 136.08(2)(a)4.
4. Instruction on safety precautions needed during the recovery, recycling and recharging of refrigerant.
ATCP 136.08(2)(b)
(b) Each trainee is evaluated to verify that he or she has successfully completed the training program.
ATCP 136.08(2)(c)
(c) Each trainee who successfully completes the program receives a certificate which identifies all of the following:
ATCP 136.08(2)(c)2.
2. The name of the successful trainee, and a unique identification number assigned to that trainee.
ATCP 136.08(3)
(3) Requesting approval for training program. To obtain department approval for a technician training program, the provider of that training program shall submit a written application to the department. The department shall grant or deny approval within 30 days after it receives a complete application. An application shall include all of the following:
ATCP 136.08(3)(a)
(a) The name, telephone number and address of the person providing the training program, including the name, telephone number and address of an individual whom the department can contact regarding the training program.
ATCP 136.08(3)(b)
(b) A training program syllabus and description showing that the training program complies with the requirements under
sub. (2).
ATCP 136.08(3)(c)
(c) Samples or a description of written materials that will be provided to trainees.
ATCP 136.08(3)(d)
(d) Samples or a description of audio or video materials that will be used in the training program.
ATCP 136.08(3)(e)
(e) A description of the training that will be provided related to the use of recovery and recycling equipment.
ATCP 136.08(3)(g)
(g) The names and qualifications of program instructors, and an identification of those portions of the training program which each instructor will present. The description of each instructor's qualifications shall be adequate to demonstrate that the instructor has expertise in each of the areas taught by that instructor.
ATCP 136.08(5)
(5) Department audit of training programs. The department may audit a training program and may periodically review training program materials to assess compliance with this chapter, s.
100.45, Stats., and the representations made under
sub. (3).
ATCP 136.08(6)
(6) Change in training program; notice to department. Before changing instructors or making any other material change in an approved training program, the provider of that training program shall notify the department of the intended change.
ATCP 136.08(7)
(7) Withdrawing approval for training program. The department may withdraw its approval of a training program for cause.
ATCP 136.08 Note
Note: You may obtain a list of approved training programs by writing to OZONE, Consumer Protection Bureau, P.O. Box 8911, Madison, WI 53708-8911.
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.
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 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
pars. (b) to
(d). A sale or consignment does not violate this paragraph if the seller or consignor relies in good faith on a written statement from the buyer or consignee that does all the following:
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
pars. (b) to
(d).
ATCP 136.10(2)(d)
(d) A person who is not a resident of Wisconsin and who holds valid certification from the environmental protection agency.
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 person holding a valid business registration certificate under
s. ATCP 136.02 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)2.
2. A person who is registered with the state of Wisconsin, department of safety and professional services under
s. SPS 305.70, and who sells or consigns the recovered refrigerant to the operator of an approved reclamation facility for reclamation at that 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)(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)(a)(a) No person may sell or consign recycled refrigerant except to one of the following:
ATCP 136.10(4)(a)1.
1. A person who holds a valid business registration certificate under
s. ATCP 136.02, and who sells or consigns the recycled refrigerant to the operator of an approved reclamation facility for reclamation at that facility.
ATCP 136.10(5)
(5) Misrepresentations. No person may represent any of the following, either directly or by implication:
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).
ATCP 136.10(6)
(6) Used refrigerant; containers and labeling. No person may hold, sell or consign used refrigerant except in a container that complies with standards adopted by the United States department of transportation under
49 CFR 173.304. The container shall be clearly labeled to indicate all of the following:
ATCP 136.10(7)
(7) Purchase records. A person who buys refrigerant or receives refrigerant on consignment shall keep an accurate record of all the following:
ATCP 136.10(7)(a)
(a) The legal name and complete address of the person from whom that person purchased or received that refrigerant.
ATCP 136.10(7)(c)
(c) Whether, at the time of purchase or receipt, the refrigerant was new, reclaimed, recycled or recovered.
ATCP 136.10 Note
Note: A purchaser or consignee may use purchase or consignment invoices to comply with sub. (7) if the invoices contain all of the information required under sub. (7).
ATCP 136.10(8)
(8) Sales records. A person who sells or consigns refrigerant to another person shall keep accurate records of all the following:
ATCP 136.10(8)(a)
(a) The legal name and complete address of the person to whom the refrigerant was sold or consigned.
ATCP 136.10(8)(c)
(c) Whether, at the time of sale or consignment, the refrigerant was new, reclaimed, recycled or recovered.
ATCP 136.10 Note
Note: A seller or consignor may use sale or consignment invoices to comply with this subsection if the invoices contain all of the information required under this subsection.
ATCP 136.10(9)
(9) Availability of records. A person required to keep a record under
sub. (7) or
(8) shall retain that record for at least 2 years, and shall make the record available for inspection and copying by the department upon request.
ATCP 136.10 History
History: Cr.
Register, February, 1996, No. 482, eff. 3-1-96; corrections in (2) (c) and (3) (b) 4. made under s. 13.93 (2m) (b) 6. and 7., Stats.,
Register, April, 1999, No. 520; r. and recr. (2) (intro.), (a), (3) (a) 2., am. (3) (a) (intro.) and 1., (b) (intro.), (4) (a) (intro.), 1., (7) (a), (8) (a), r. (3) (b) 2., (4) (a) 2., (b), cr. (5) (d),
Register, January, 2001, No. 541, eff. 2-1-01; corrections in (2) (c), (3) (a) 2. and (b) 4. made under s. 13.92 (4) (b) 6., 7., Stats.,
Register January 2012 No. 673.
ATCP 136.12
ATCP 136.12
Recovery and recycling equipment; approval. ATCP 136.12(1)(1)
Approval required. No person may recover or recycle used refrigerant from a mobile air conditioner or trailer refrigeration equipment unless the department first approves the equipment used to recover or recycle that refrigerant. The department shall approve recovery or recycling equipment if one of the following conditions is met:
ATCP 136.12(1)(a)
(a) An approved independent testing organization under
sub. (2) tests the equipment and certifies that it complies with applicable standards under
sub. (3).
ATCP 136.12(1)(b)
(b) The equipment manufacturer demonstrates that the United States environmental protection agency has designated the equipment as substantially identical to equipment approved under
par. (a).
ATCP 136.12 Note
Note: You may obtain a list of approved recovery and recycling equipment by writing to OZONE, Consumer Protection Bureau, P.O. Box 8911, Madison, WI 53708-8911.
ATCP 136.12(2)
(2) Independent testing organizations; approval. The department shall approve an independent testing organization to test and certify recovery and recycling equipment for compliance with
sub. (3) if the organization provides evidence that the United States environmental protection agency has approved the organization under s.
40 CFR 82.38. If the United States environmental protection agency withdraws its approval, the department shall withdraw its approval.
ATCP 136.12 Note
Note: You may obtain a list of approved independent testing organizations by writing to OZONE, Consumer Protection Bureau, P.O. Box 8911, Madison, WI 53708-8911.
ATCP 136.12(3)
(3) Certification standards. To be certified under
sub. (1) (a), refrigerant recovery or recycling equipment shall meet all of the following standards which apply to that equipment:
ATCP 136.12(3)(a)
(a) Equipment used to recover but not recycle R-12 refrigerant shall meet or exceed standards specified by the society of automotive engineers in "CFC-12 Extraction Equipment for Mobile Automotive Air-Conditioning Equipment," SAE J2209, June 1992, including the secondary standards incorporated by reference in SAE J2209.
