Subpart A Production and Consumption Controls
Subpart B Servicing of Motor Vehicle Air Conditioners
Subpart C Ban On Nonessential Products Containing Class I Substances and Ban On Nonessential Products Containing or Manufactured With Class II Substances
Subpart D Federal Procurement
Subpart E The Labeling of Products Using Ozone-Depleting Substances
Subpart F Recycling and Emissions Reduction
Subpart G Significant New Alternatives Policy Program
Subpart H Halon Emissions Reduction
Subpart I Ban On Refrigeration and Air-Conditioning Appliances Containing Hcfcs

Terms Used In 40 CFR Part 82

  • act: means the National Housing Act, as amended. See 24 CFR 207.251
  • Administrator: means the Administrator of the United States Environmental Protection Agency or his or her authorized representative. See 40 CFR 82.3
  • Amortization: Paying off a loan by regular installments.
  • Appliance: means any device which contains and uses a class I or class II substance or substitute as a refrigerant and which is used for household or commercial purposes, including any air conditioner, motor vehicle air conditioner, refrigerator, chiller, or freezer. See 40 CFR 82.152
  • Appliance: means any device which contains and uses a refrigerant and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer. See 40 CFR 82.302
  • Appliance: means any device which contains and uses a refrigerant and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer. See 40 CFR 82.3
  • Applicator: means the person who applies methyl bromide. See 40 CFR 82.3
  • Apprentice: means any person who is currently registered as an apprentice in maintenance, service, repair, or disposal of appliances with the U. See 40 CFR 82.152
  • Approved equipment testing organization: means any organization which has applied for and received approval from the Administrator pursuant to §82. See 40 CFR 82.152
  • Approved independent standards testing organization: means any organization which has applied for and received approval from the Administrator pursuant to §82. See 40 CFR 82.32
  • Approved refrigerant recycling equipment: means equipment certified by the Administrator or an organization approved under §82. See 40 CFR 82.32
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Baseline consumption allowances: means the consumption allowances apportioned under §§82. See 40 CFR 82.3
  • Baseline production allowances: means the production allowances apportioned under §§82. See 40 CFR 82.3
  • Batch: means a single bulk cylinder of refrigerant after all reclamation has been completed prior to packaging or shipping to the market. See 40 CFR 82.152
  • Bundled unit: means the cumulative licensed thermal power rating of a number of SMR reactors on the same site that, for 10 CFR part 171 purposes only, is considered a single fee unit. See 10 CFR 171.5
  • Central Data Exchange: means EPA's centralized electronic document receiving system, or its successors. See 40 CFR 82.3
  • Class I: refers to the controlled substances listed in appendix A to this subpart. See 40 CFR 82.3
  • Class II: refers to the controlled substances listed in appendix B to this subpart. See 40 CFR 82.3
  • Comfort cooling: means the air-conditioning appliances used to provide cooling in order to control heat and/or humidity in occupied facilities including but not limited to residential, office, and commercial buildings. See 40 CFR 82.152
  • Commercial refrigeration: means the refrigeration appliances used in the retail food and cold storage warehouse sectors. See 40 CFR 82.152
  • Commission: means the U. See 10 CFR 171.5
  • Commissioner: means the Federal Housing Commissioner. See 24 CFR 207.251
  • Component: means a part of the refrigerant circuit within an appliance including, but not limited to, compressors, condensers, evaporators, receivers, and all of its connections and subassemblies. See 40 CFR 82.152
  • Confer: means to shift the essential-use allowances obtained under §82. See 40 CFR 82.3
  • Consortium: means an organization representing a group of methyl bromide users that has collectively submitted an application for a critical use exemption on behalf of all members of the group. See 40 CFR 82.3
  • Consumption: means the production plus imports minus exports of a controlled substance (other than transhipments, or used controlled substances). See 40 CFR 82.3
  • Consumption allowances: means the privileges granted by this subpart to produce and import controlled substances. See 40 CFR 82.3
  • Contract: A legal written agreement that becomes binding when signed.
  • contract of insurance: means the agreement evidenced by such endorsement and includes the terms, conditions and provisions of this part and of the National Housing Act. See 24 CFR 207.251
  • Control period: means the period from January 1, 1992 through December 31, 1992, and each twelve-month period from January 1 through December 31, thereafter. See 40 CFR 82.3
  • Controlled product: means a product that contains a controlled substance listed as a Class I, Group I or II substance in appendix A to this subpart. See 40 CFR 82.3
  • Controlled substance: means any substance listed in appendix A or appendix B to this subpart, whether existing alone or in a mixture, but excluding any such substance or mixture that is in a manufactured product other than a container used for the transportation or storage of the substance or mixture. See 40 CFR 82.3
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Critical use: means a circumstance in which the following two conditions are satisfied:

    (1) There are no technically and economically feasible alternatives or substitutes for methyl bromide available that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances involved, and

    (2) The lack of availability of methyl bromide for a particular use would result in significant market disruption. See 40 CFR 82.3

  • Critical use methyl bromide: means the class I, Group VI controlled substance produced or imported through expending a critical use allowance or that portion of inventory produced or imported prior to the January 1, 2005 phaseout date that is sold only for approved critical uses. See 40 CFR 82.3
  • Custom-built: means that the industrial process equipment or any of its components cannot be purchased and/or installed without being uniquely designed, fabricated and/or assembled to satisfy a specific set of industrial process conditions. See 40 CFR 82.152
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Destruction: means the expiration of a controlled substance to the destruction and removal efficiency actually achieved, unless considered completely destroyed as defined in this section. See 40 CFR 82.3
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disposal: means the process leading to and including:

    (1) The discharge, deposit, dumping or placing of any discarded appliance into or on any land or water. See 40 CFR 82.152

  • Distributor of methyl bromide: means the person directly selling a class I, Group VI controlled substance to an applicator. See 40 CFR 82.3
  • Docket: A log containing brief entries of court proceedings.
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Essential-Use Allowances: means the privileges granted by §82. See 40 CFR 82.3
  • Essential-Uses: means those uses of controlled substances designated by the Parties to the Protocol to be necessary for the health and safety of, or critical for the functioning of, society. See 40 CFR 82.3
  • exempt substitutes: refers to certain substitutes when used in certain end-uses that are specified in §82. See 40 CFR 82.152
  • Export: means the transport of virgin or used controlled substances from inside the United States or its territories to persons outside the United States or its territories, excluding United States military bases and ships for on-board use. See 40 CFR 82.3
  • Export production allowances: means the privileges granted by §82. See 40 CFR 82.3
  • Exporter: means the person who contracts to sell controlled substances for export or transfers controlled substances to his affiliate in another country. See 40 CFR 82.3
  • Facility: means any process equipment (e. See 40 CFR 82.3
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Follow-up verification test: means those tests that involve checking the repairs to an appliance after a successful initial verification test and after the appliance has returned to normal operating characteristics and conditions to verify that the repairs were successful. See 40 CFR 82.152
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign state: means an entity which is recognized as a sovereign nation or country other than the United States of America. See 40 CFR 82.3
  • Full charge: means the amount of refrigerant required for normal operating characteristics and conditions of the appliance as determined by using one or a combination of the following four methods:

    (1) Use of the equipment manufacturer's determination of the full charge. See 40 CFR 82.152

  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Halon bank: means a facility run by a national government or privately run and authorized by a national government that collects and stores previously-recovered halon for reuse at a later date. See 40 CFR 82.3
  • Heel: means the amount of a controlled substance that remains in a container after it is discharged or off-loaded (that is no more than ten percent of the volume of the container). See 40 CFR 82.3
  • High-pressure appliance: means an appliance that uses a refrigerant with a liquid phase saturation pressure between 170 psia and 355 psia at 104 °F. See 40 CFR 82.152
  • Hydrostatic testing: means checking a gas pressure vessel for leaks or flaws. See 40 CFR 82.3
  • Import: means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into any place subject to the jurisdiction of the United States whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States, with the following exemptions:

    (1) Off-loading used or excess controlled substances or controlled products from a ship during servicing,

    (2) Bringing controlled substances into the U. See 40 CFR 82.3

  • Individual shipment: means the kilograms of a controlled substance for which a person may make one (1) U. See 40 CFR 82.3
  • Industrial process refrigeration: means complex customized appliances that are directly linked to the processes used in, for example, the chemical, pharmaceutical, petrochemical, and manufacturing industries. See 40 CFR 82.152
  • Industrial process shutdown: means when an industrial process or facility temporarily ceases to operate or manufacture whatever is being produced at that facility. See 40 CFR 82.152
  • Initial verification test: means those leak tests that are conducted after the repair is finished to verify that a leak or leaks have been repaired before refrigerant is added back to the appliance. See 40 CFR 82.152
  • Interstate commerce: means the distribution or transportation of any controlled substance between one state, territory, possession or the District of Columbia, and another state, territory, possession or the District of Columbia, or the sale, use or manufacture of any controlled substance in more than one state, territory, possession or District of Columbia. See 40 CFR 82.3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Leak inspection: means the examination of an appliance to determine the location of refrigerant leaks. See 40 CFR 82.152
  • Leak rate: means the rate at which an appliance is losing refrigerant, measured between refrigerant charges. See 40 CFR 82.152
  • Limiting critical condition: means the regulatory, technical, and economic circumstances listed in Column C of Appendix L to this subpart that establish conditions of critical use for methyl bromide in a fumigation area. See 40 CFR 82.3
  • Location of use: means the geographic area (such as a state, region, or the entire United States) covered by an application for a critical use exemption in which the limiting critical condition may occur. See 40 CFR 82.3
  • Low-pressure appliance: means an appliance that uses a refrigerant with a liquid phase saturation pressure below 45 psia at 104 °F. See 40 CFR 82.152
  • manufactured: means the date that the original equipment manufacturer has physically completed assembly of the component, the component is charged with refrigerant, and the component is ready for initial sale or distribution. See 40 CFR 82.302
  • Materials license: means a license, certificate, approval, registration or other form of permission issued or granted by the NRC under the regulations in 10 CFR parts 30, 31 through 36, 39, 40, 61, 70, 71, 72, and 76. See 10 CFR 171.5
  • Montreal Protocol: means the Montreal Protocol on Substances that Deplete the Ozone Layer, a protocol to the Vienna Convention for the Protection of the Ozone Layer, including adjustments adopted by the Parties thereto and amendments that have entered into force. See 40 CFR 82.3
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • mortgage: means such a first lien upon real estate and other property as is commonly given to secure advances on, or the unpaid purchase price of, real estate under the laws of the State, district or territory in which the real estate is located, together with the credit instrument or instruments, if any, secured thereby. See 24 CFR 207.251
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • mortgagee: means the original lender under a mortgage its successors and such of its assigns as are approved by the Commissioner, and includes the holders of the credit instruments issued under a trust indenture, mortgage or deed of trust pursuant to which such holders act by and through a trustee therein named. See 24 CFR 207.251
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • mortgagor: means the original borrower under a mortgage and its successors and such of its assigns as are approved by the Commissioner. See 24 CFR 207.251
  • Motor vehicle: as used in this subpart means any vehicle which is self-propelled and designed for transporting persons or property on a street or highway, including but not limited to passenger cars, light duty vehicles, and heavy duty vehicles. See 40 CFR 82.32
  • Motor vehicle air conditioners: means mechanical vapor compression refrigeration equipment used to cool the driver's or passenger's compartment of any motor vehicle. See 40 CFR 82.32
  • Motor vehicle disposal facility: means any commercial facility that engages in the disposal (which includes dismantling, crushing or recycling) of MVACs or MVAC-like appliances, including but not limited to automotive recycling facilities, scrap yards, landfills and salvage yards engaged in such operations. See 40 CFR 82.32
  • MVAC-like appliance: means a mechanical vapor compression, open-drive compressor appliance with a full charge of 20 pounds or less of refrigerant used to cool the driver's or passenger's compartment of off-road vehicles or equipment. See 40 CFR 82.152
  • non-exempt substitutes: refers to all other substitutes and end-uses not so specified in §82. See 40 CFR 82.152
  • Non-Objection notice: means the privilege granted by the Administrator to import a specific individual shipment of a controlled substance in accordance with §§82. See 40 CFR 82.3
  • Nonprofit educational institution: means a public or nonprofit educational institution whose primary function is education, whose programs are accredited by a nationally recognized accrediting agency or association, who is legally authorized to provide a program of organized instruction or study, who provides an educational program for which it awards academic degrees, and whose educational programs are available to the public. See 10 CFR 171.5
  • Normal operating characteristics and conditions: means appliance operating temperatures, pressures, fluid flows, speeds, and other characteristics, including full charge of the appliance, that would be expected for a given process load and ambient condition during normal operation. See 40 CFR 82.152
  • Nuclear reactor: means an apparatus, other than an atomic weapon, used to sustain fission in a self-supporting chain reaction. See 10 CFR 171.5
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • One-time expansion device: means an appliance that relies on the release of its refrigerant charge to the environment in order to provide a cooling effect. See 40 CFR 82.152
  • Operating license: means having a license issued pursuant to §50. See 10 CFR 171.5
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Parent company: means an individual, corporation, partnership, association, joint-stock company, or an unincorporated organization that can direct or cause the direction of management and policies of another entity, through the ownership of shares or otherwise. See 40 CFR 82.152
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means a foreign state that has deposited instruments of ratification, acceptance, or other form of approval with the Directorate of the United Nations Secretariat, evidencing the foreign state's ratification of the provisions of the 1987 Montreal Protocol, the London Amendment, the Copenhagen Amendment, or the Beijing Amendment, as specified. See 40 CFR 82.3
  • Person: means any individual or legal entity, including an individual, corporation, partnership, association, state, municipality, political subdivision of a state, Indian tribe, and any agency, department, or instrumentality of the United States, and any officer, agent, or employee thereof. See 40 CFR 82.152
  • Person: means any individual or legal entity, including an individual, corporation, partnership, association, State, municipality, political subdivision of a State, Indian tribe. See 40 CFR 82.302
  • Person: means any individual or legal entity, including an individual, corporation, partnership, association, state, municipality, political subdivision of a state, Indian tribe. See 40 CFR 82.3
  • Plant: means one or more facilities at the same location owned by or under common control of the same person. See 40 CFR 82.3
  • Power reactor: means a nuclear reactor designed to produce electrical or heat energy and licensed by the Commission under the authority of section 103 or subsection 104b of the Atomic Energy Act of 1954, as amended, and pursuant to the provisions of §50. See 10 CFR 171.5
  • Pre-charged appliance: means any appliance charged with refrigerant prior to sale or distribution, or offer for sale or distribution in interstate commerce. See 40 CFR 82.302
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Process stub: means a length of tubing that provides access to the refrigerant inside a small appliance or room air conditioner and that can be resealed at the conclusion of repair or service. See 40 CFR 82.152
  • Product: means an item or category of items manufactured from raw or recycled materials which is used to perform a function or task. See 40 CFR 82.302
  • Production: means the manufacture of a controlled substance from any raw material or feedstock chemical, but does not include:

    (1) The manufacture of a controlled substance that is subsequently transformed. See 40 CFR 82.3

  • Production allowances: means the privileges granted by this subpart to produce controlled substances. See 40 CFR 82.3
  • Properly using: (1) Properly using means using equipment in conformity with the regulations set forth in this subpart, including but not limited to the prohibitions and required practices set forth in §82. See 40 CFR 82.32
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Reclaim: means to reprocess recovered refrigerant to all of the specifications in appendix A of this subpart (based on AHRI Standard 700-2016, Specifications for Refrigerants) that are applicable to that refrigerant and to verify that the refrigerant meets these specifications using the analytical methodology prescribed in section 5 of appendix A of this subpart. See 40 CFR 82.152
  • Recover: means to remove refrigerant in any condition from an appliance and to store it in an external container without necessarily testing or processing it in any way. See 40 CFR 82.152
  • Recovery efficiency: means the percentage of refrigerant in an appliance that is recovered by a piece of recovery and/or recycling equipment. See 40 CFR 82.152
  • Refrigerant: means any class I or class II substance used in a motor vehicle air conditioner. See 40 CFR 82.32
  • Refrigerant circuit: means the parts of an appliance that are normally connected to each other (or are separated only by internal valves) and are designed to contain refrigerant. See 40 CFR 82.152
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Research reactor: means a nuclear reactor licensed by the Commission under the authority of subsection 104c of the Act and pursuant to the provisions of §50. See 10 CFR 171.5
  • Retrofit: means to convert an appliance from one refrigerant to another refrigerant. See 40 CFR 82.152
  • Seasonal variance: means the removal of refrigerant from an appliance due to a change in ambient conditions caused by a change in season, followed by the subsequent addition of an amount that is less than or equal to the amount of refrigerant removed in the prior change in season, where both the removal and addition of refrigerant occurs within one consecutive 12-month period. See 40 CFR 82.152
  • Self-sealing valve: means a valve affixed to a container of refrigerant that automatically seals when not dispensing refrigerant and meets or exceeds established performance criteria as identified in §82. See 40 CFR 82.152
  • Service involving refrigerant: means any service during which discharge or release of refrigerant from the MVAC or MVAC-like appliance to the atmosphere can reasonably be expected to occur. See 40 CFR 82.32
  • Small appliance: means any appliance that is fully manufactured, charged, and hermetically sealed in a factory with five (5) pounds or less of refrigerant, including, but not limited to, refrigerators and freezers (designed for home, commercial, or consumer use), medical or industrial research refrigeration equipment, room air conditioners (including window air conditioners, portable air conditioners, and packaged terminal air heat pumps), dehumidifiers, under-the-counter ice makers, vending machines, and drinking water coolers. See 40 CFR 82.152
  • Source facility: means the location at which a used controlled substance was recovered from a piece of equipment, including the name of the company responsible for, or owning the piece of equipment, a contact person at the location, the mailing address for that specific location, and a phone number and a fax number for the contact person at the location. See 40 CFR 82.3
  • Space vehicle: means a man-made device, either manned or unmanned, designed for operation beyond earth's atmosphere. See 40 CFR 82.3
  • Substitute: means any chemical or product, whether existing or new, that is used as a refrigerant to replace a class I or II ozone-depleting substance. See 40 CFR 82.152
  • System receiver: means the isolated portion of the appliance, or a specific vessel within the appliance, that is used to hold the refrigerant charge during the servicing or repair of that appliance. See 40 CFR 82.152
  • Technician: means any person who in the course of maintenance, service, or repair of an appliance (except MVACs) could be reasonably expected to violate the integrity of the refrigerant circuit and therefore release refrigerants into the environment. See 40 CFR 82.152
  • Testify: Answer questions in court.
  • Third party applicator: means an applicator of critical use methyl bromide who fumigates or treats commodities, structures, crops, or land on behalf of an approved critical user. See 40 CFR 82.3
  • Transform: means to use and entirely consume (except for trace quantities) a controlled substance in the manufacture of other chemicals for commercial purposes. See 40 CFR 82.3
  • Transhipment: means the continuous shipment of a controlled substance, from a foreign state of origin through the United States or its territories, to a second foreign state of final destination, as long as the shipment does not enter into United States jurisdiction. See 40 CFR 82.3
  • Unexpended consumption allowances: means consumption allowances that have not been used. See 40 CFR 82.3
  • Unexpended destruction and transformation credits: means destruction and transformation credits that have not been used. See 40 CFR 82.3
  • Unexpended essential-use allowances: means essential-use allowances that have not been used. See 40 CFR 82.3
  • Unexpended export production allowances: means export production allowances that have not been used. See 40 CFR 82.3
  • Unexpended production allowances: means production allowances that have not been used. See 40 CFR 82.3
  • Used controlled substances: means controlled substances that have been recovered from their intended use systems (may include controlled substances that have been, or may be subsequently, recycled or reclaimed). See 40 CFR 82.3