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(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)(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 technician 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;
CR 13-043: am. (1)
Register February 2014 No. 698, eff. 5-1-14;
CR 15-015: am. (2) (a) (intro.), 3., (b), r. (2) (c), (d), am. (3) (a) 1., r. (3) (a) 2., r. and recr. (3) (b) 1., r. (3) (b) 4., am. (4) (a) 1.
Register January 2016 No. 721, eff. 2-1-16.
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 Weights and Measures 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 Weights and Measures 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, August 2011, including the secondary standards incorporated by reference in SAE J2209.
ATCP 136.12(3)(b)
(b) Equipment used to recover but not recycle R134a refrigerant shall meet or exceed the standards specified by the society of automotive engineers in “HFC-134a (R134a) Extraction Equipment for Mobile Automotive Air Conditioning Systems," SAE J1732, November 2011, including the secondary standards incorporated by reference in SAE J1732.
ATCP 136.12(3)(c)
(c) Equipment used to recycle R-12 refrigerant shall meet or exceed the standards specified by the society of automotive engineers in “Extraction and Recycle Equipment for Mobile Automotive Air-Conditioning Systems," SAE J1990, May 2011, including the secondary standards incorporated by reference in SAE J1990.
ATCP 136.12(3)(d)
(d) Equipment manufactured prior to January 1, 2008 used to recycle R-134a refrigerant shall meet or exceed the standards specified by the society of automotive engineers in “HFC-R134a Recycling Equipment for Mobile Air Conditioning Systems," SAE J2210, November 2010, including the secondary standards incorporated by reference in SAE J2210. Equipment manufactured on or after January 1, 2008 shall meet or exceed the standards specified in SAE J2788, January 2013.
ATCP 136.12(3)(e)
(e) Equipment used to recover refrigerant other than R-12, R-134a, or HFO-1234yf shall meet or exceed the standards specified by the air conditioning heating and refrigeration institute in AHRI 740-1998: Refrigerant Recover/Recycling Equipment.
ATCP 136.12(3)(f)
(f) Equipment used to recycle HFO-1234yf refrigerant shall meet or exceed the standards specified by the society of automotive engineers in “R-1234fy (HFO-1234yf) Recovery/Recycling/Recharging Equipment for Flammable Refrigerants for Mobile Air-Conditioning Systems," SAE J2843-2013.
ATCP 136.12(3)(g)
(g) Equipment used to recover but not recycle HFO-1234yf refrigerant shall meet or exceed the standards specified by the society of automotive engineers in “Recovery Equipment for Contaminated Refrigerant from Mobile Automotive Air-Conditioning Systems," SAE J2851-2012.
ATCP 136.12 Note
Note: Standards incorporated by reference under sub. (3) are on file with the department and the legislative reference bureau. You may obtain copies of the SAE standards by contacting the Society of Automotive Engineers, 400 Commonwealth Drive, Warrandale, PA 15096-0001. You may obtain a copy of standard 740-1993 from the Air Conditioning and Refrigeration Institute, 4301 North Fairfax Dr., Suite 425, Arlington, VA 22203.
ATCP 136.12 History
History: Cr.
Register, February, 1996, No. 482, eff. 3-1-96;
CR 08-075: am. (3) (d)
Register April 2009 No. 640, eff. 5-1-09;
CR 13-043: am. (3) (e), cr. (3) (f), (g)
Register February 2014 No. 698, eff. 5-1-14;
CR 15-015: am. (3) (a) to (d)
Register January 2016 No. 721, eff. 2-1-16.
ATCP 136.14
ATCP 136.14 Recycled or reclaimed refrigerant; purity standards. ATCP 136.14(1)(1)
Recycled refrigerant. Recycled refrigerant shall meet the following applicable standards of purity:
ATCP 136.14(1)(a)
(a) R-12 refrigerant shall meet or exceed the standards specified by the society of automotive engineers in “Standard of Purity for Use in Mobile Air Conditioning Systems," SAE J1991, August 2011.
ATCP 136.14(1)(b)
(b) R-134a refrigerant shall meet or exceed the standards specified by the society of automotive engineers in “Standard of Purity for Recycled HFC134a For Use in Mobile Air Conditioning Systems," SAE J2099, April 2012.
ATCP 136.14(1)(c)
(c) HFO-1234yf refrigerant shall meet or exceed the standards specified by the society of automotive engineers in “R1234fy (HFO-1234yf) New Refrigerant Purity and Container Requirements for Use in Mobile Air-Conditioning Systems," SAE J2844-2013.
ATCP 136.14 Note
Note: Standards incorporated by reference under sub. (1) are on file with the department and the legislative reference bureau. You may obtain copies by contacting the Society of Automotive Engineers, 400 Commonwealth Drive, Warrandale, PA 15096-0001.
ATCP 136.14(2)
(2) Reclaimed refrigerant. Reclaimed refrigerant shall meet purity standards established by the air conditioning and refrigeration institute 700 specifications for fluorocarbon and other refrigerant.
ATCP 136.14 Note
Note: Copies of the air conditioning and refrigeration institute 700 specifications for fluorocarbon and other refrigerant are on file with the department and the legislative reference bureau. You may obtain copies from the Air Conditioning and Refrigeration Institute, 4301 North Fairfax Dr., Suite 425, Arlington, VA 22203.
ATCP 136.14 History
History: Cr.
Register, February, 1996, No. 482, eff. 3-1-96;
CR 13-043: cr. (1) (c)
Register February 2014 No. 698, eff. 5-1-14;
CR 15-015: am. (1) (a), (b)
Register January 2016 No. 721, eff. 2-1-16.
ATCP 136.16(1)
(1)
Disclosure required. No person may repair or service a mobile air conditioner or trailer refrigeration equipment unless that person first discloses all of the following to the person requesting that repair or service:
ATCP 136.16(1)(a)
(a) No refrigerant may be added to a leaking mobile air conditioner or leaking trailer refrigeration equipment.
ATCP 136.16(1)(b)
(b) If a mobile air conditioner or trailer refrigeration equipment leaks refrigerant, that mobile air conditioner or trailer refrigeration equipment may not be recharged until the leak is repaired.
ATCP 136.16 Note
Note: Under ch.
ATCP 132, Wis. Adm. Code, a motor vehicle repair shop may not diagnose a problem in a motor vehicle, or repair or service that motor vehicle, without the customer's prior authorization. This chapter does not change ch.
ATCP 132.
ATCP 136.16(2)
(2) Refrigerant leaks; examination. No person may repair or service a mobile air conditioner or trailer refrigeration equipment unless that person first examines that air conditioner or equipment using competent and reliable methods, generally accepted in the industry, to determine whether that air conditioner or equipment is leaking refrigerant. A person who introduces refrigerant into a mobile air conditioner or trailer refrigeration equipment for the purpose of finding leaks in that air conditioner or equipment shall recover that refrigerant without leaking it into the atmosphere.
ATCP 136.16(3)
(3) Recovering refrigerant. A person who removes refrigerant from a mobile air conditioner or trailer refrigeration equipment shall do both of the following using equipment approved by the department under
s. ATCP 136.12:
ATCP 136.16(4)
(4) Substituting refrigerant. A person who charges a mobile air conditioner or trailer refrigeration equipment with a type of refrigerant not originally used in that mobile air conditioner or trailer refrigeration equipment shall do all the following:
ATCP 136.16(4)(a)
(a) Affix to the air conditioner or equipment a prominent label that identifies all the following:
ATCP 136.16(4)(a)1.
1. The date on which the air conditioner or equipment was charged with the substitute refrigerant.
ATCP 136.16(4)(a)3.
3. The name of the technician who charged the mobile air conditioner or trailer refrigeration equipment with the substitute refrigerant.
ATCP 136.16(4)(b)
(b) Install service fittings that are specifically designed by the refrigerant manufacturer to mechanically prevent the refrigerant from cross-charging with another refrigerant. The fittings shall be installed on all refrigerant containers, charging and recovery
equipment, and on all mobile air conditioner service ports.
ATCP 136.16(5)
(5) Repair or service records. A technician shall keep a record of each repair or service transaction. The record shall include the name and address of the owner of the mobile air conditioner or trailer refrigeration equipment. The record shall indicate all of the following:
ATCP 136.16(5)(a)
(a) Whether the mobile air conditioner or trailer refrigeration equipment was leaking refrigerant when it was received for repair or servicing.
ATCP 136.16(5)(b)
(b) Whether the person receiving the mobile air conditioner or trailer refrigeration equipment for repair or servicing did any of the following:
ATCP 136.16(5)(b)1.
1. Performed any repairs on the mobile air conditioner or trailer refrigeration equipment.
ATCP 136.16(5)(b)2.
2. Removed refrigerant from the mobile air conditioner or trailer refrigeration equipment. The record need not indicate how much refrigerant was recovered.
ATCP 136.16(5)(b)3.
3. Added refrigerant to the mobile air conditioner or trailer refrigeration equipment. The record shall indicate the quantity added, if any.
ATCP 136.16 Note
Note: A motor vehicle repair order or invoice prepared under ch.
ATCP 132, complies with sub. (5) if it contains all of the information required under sub. (5).
ATCP 136.16(6)
(6) Availability of records. A person required to keep a record under
sub. (5) shall keep that record for at least 2 years, and shall make that record available for inspection and copying by the department upon request.
ATCP 136.16 History
History: Cr.
Register, February, 1996, No. 482, eff. 3-1-96; am. (4) (intro.), r. and recr., (4) (a) to (c),
Register, January, 2001, No. 541, eff. 2-1-01;
CR 15-015: am. (4) (a) 3., (5) (intro.)
Register January 2016 No. 721, eff. 2-1-16.
ATCP 136.20
ATCP 136.20 Prohibited practices. No person may do any of the following:
ATCP 136.20(1)
(1) Add refrigerant to a mobile air conditioner or trailer refrigeration equipment which is leaking refrigerant. This does not prohibit the use of a test charge in compliance with
s. ATCP 136.16 (2).
ATCP 136.20(2)
(2) Knowingly or negligently release refrigerant into the environment.
