- (a) A person who recovers, that is, removes from an appliance and stores in an external container, recycles, or both, ignitable spent refrigerants for reuse either for further use in equipment of the same owner, or in compliance with motor vehicle air conditioner (MVAC) standards in 40 CFR part 82, subpart B, or who sends recovered refrigerant off site to be recycled for reuse shall:
- (1) recover, recycle, or both, for reuse the ignitable spent refrigerant using equipment that is certified for that type of refrigerant and appliance under 40 CFR 82.36, 40 CFR 82.158 or both; and
(2) not speculatively accumulate the ignitable spent refrigerant per Subsection R315-261-1(c).
- (b) A person who receives ignitable spent refrigerants from off site, and are not a transfer facility that stores the refrigerants for less than ten days before sending the refrigerant to another site to be recycled for reuse, shall:
- (1) if recovering the refrigerant, recover the ignitable spent refrigerant using equipment that is certified for that type of refrigerant and appliance under 40 CFR 82.36;
- (2) meet the applicable emergency preparedness and response requirements of Sections R315-261-400, R315-261-410, R315-261-411, and R315-261-420; and
(3) not speculatively accumulate the ignitable spent refrigerant per Subsection R315-261-1(c).
- (c) A person receiving ignitable spent refrigerant from off site to be recycled for reuse in accordance with Sections R315-266-600 through R315-266-602 shall:
- (1) maintain certification by EPA under 40 CFR 82.164;
- (2) meet the applicable emergency preparedness and response requirements of Sections R315-261-400, R315-261-410, R315-261-411, and R315-261-420; and
- (3) starting with the calendar year beginning January 1, 2029, not speculatively accumulate the ignitable spent refrigerant per Subsection R315-261-1(c).
KEY: hazardous waste
Date of Last Change: November 17, 2025
Notice of Continuation: December 11, 2025
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-106