---
kind: "section"
citation: "40 C.F.R. § 82.34"
title: "40"
number: "82.34"
heading: "Prohibitions and required practices."
url: "https://uscodex.org/cfr/40/82.34"
---

# §82.34. Prohibitions and required practices.

- (a) No person repairing or servicing MVACs for consideration, and no person repairing or servicing MVAC-like appliances, may perform any service involving the refrigerant for such MVAC or MVAC-like appliance:
  - (1) Without properly using equipment approved pursuant to [§ 82.36](/cfr/40/82.36.md);
  - (2) Unless any such person repairing or servicing an MVAC has been properly trained and certified by a technician certification program approved by the Administrator pursuant to [§ 82.40](/cfr/40/82.40.md); and
  - (3) Unless any such person repairing or servicing an MVAC-like appliance has been properly trained and certified by a technician certification program approved by the Administrator pursuant to either [§ 82.40](/cfr/40/82.40.md) or [§ 82.161(a)(5)](/cfr/40/82.161.md?p=a-5).
- (b) Effective November 15, 1992, no person may sell or distribute, or offer for sale or distribution, any class I or class II substance that is suitable for use as a refrigerant in motor vehicle air-conditioner and that is in a container which contains less than 20 pounds of such refrigerant to any person unless that person is properly trained and certified under [§ 82.40](/cfr/40/82.40.md) or intended the containers for resale only, and so certifies to the seller under [§ 82.42(b)(3)](/cfr/40/82.42.md?p=b-3).
- (c) No technician training programs may issue certificates unless the program complies with all of the standards in [§ 82.40(a)](/cfr/40/82.40.md?p=a).
- (d) **Motor vehicle disposal facilities.**
  - (1) Any refrigerant that is extracted from an MVAC or an MVAC-like appliance (as that term is defined in [§ 82.152](/cfr/40/82.152.md)) bound for disposal and located at a motor vehicle disposal facility may not be subsequently used to charge or recharge an MVAC or MVAC-like appliance, unless, prior to such charging or recharging, the refrigerant is either:
    - (i) Recovered, and reclaimed in accordance with the regulations promulgated under [§ 82.32(e)(2)](/cfr/40/82.32.md?p=e-2) of this subpart B; or
    - (ii)
      - (A) Recovered using approved refrigerant recycling equipment dedicated for use with MVACs and MVAC-like appliances, either by a technician certified under [paragraph (a)(2)](#a-2) of this section, or by an employee, owner, or operator of, or contractor to, the disposal facility; and
      - (B) Subsequently recycled by the facility that charges or recharges the refrigerant into an MVAC or MVAC-like appliance, properly using approved refrigerant recycling equipment in accordance with any applicable recommended service procedures set forth in the appendices to this subpart B.
  - (2) Any refrigerant the sale of which is restricted under [subpart F](/cfr/40/subpartF.md) that is extracted from an MVAC or an MVAC-like appliance bound for disposal and located at a motor vehicle disposal facility but not subsequently reclaimed in accordance with the regulations promulgated under [subpart F](/cfr/40/subpartF.md), may be sold prior to its subsequent re-use only to a technician certified under [paragraph (a)(2)](#a-2) of this section. Any technician certified under [paragraph (a)(2)](#a-2) of this section who obtains such a refrigerant may subsequently re-use such refrigerant only in an MVAC or MVAC-like appliance, and only if it has been reclaimed or properly recycled.
- (e) Refrigerant handling equipment manufactured or imported for use during the maintenance, service or repair of MVACs for consideration cannot be introduced into interstate commerce unless meeting the requirements of [§ 82.36](/cfr/40/82.36.md).

## Notes

### Amendments

[57 FR 31261, July 14, 1992, as amended at 62 FR 68047, Dec. 30, 1997; 72 FR 63494, Nov. 9, 2007]

### Source

Source: 57 FR 31261, July 14, 1992, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7414, 7601, 7671-7671q.

### Source

Source: 57 FR 33787, July 30, 1992, unless otherwise noted.

### Amendments

[57 FR 31261, July 14, 1992, as amended at 62 FR 68047, Dec. 30, 1997; 72 FR 63494, Nov. 9, 2007]