---
kind: "section"
citation: "40 C.F.R. § 82.38"
title: "40"
number: "82.38"
heading: "Approved independent standards testing organizations."
url: "https://uscodex.org/cfr/40/82.38"
---

# §82.38. Approved independent standards testing organizations.

- (a) Any independent standards testing organization may apply for approval by the Administrator to certify equipment as meeting the standards in [§ 82.36(a)](/cfr/40/82.36.md?p=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.
- (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.

## Notes

### Amendments

[57 FR 31261, July 14, 1992, as amended at 60 FR 21687, May 2, 1995; 62 FR 68048, Dec. 30, 1997; 86 FR 15595, Mar. 24, 2021]

### 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 60 FR 21687, May 2, 1995; 62 FR 68048, Dec. 30, 1997; 86 FR 15595, Mar. 24, 2021]