Subpart A General Provisions
Subpart B Gifts From Outside Sources
Subpart C Gifts Between Employees
Subpart D Conflicting Financial Interests
Subpart E Impartiality in Performing Official Duties
Subpart F Seeking Other Employment
Subpart G Misuse of Position
Subpart H Outside Activities
Subpart I Related Statutory Authorities

Terms Used In CFR > Title 5 > Chapter XVI > Subchapter B > Part 2635

  • Act: The Clean Air Act, as amended (42 U. See 40 CFR 85.1502
  • Act: means Part A of Title II of the Clean Air Act, 42 U. See 40 CFR 85.2113
  • Administrator: The Administrator of the Environmental Protection Agency. See 40 CFR 85.1502
  • Administrator: means the Administrator of the United States Environmental Protection Agency or his authorized representative. See 40 CFR 82.3
  • Aftermarket part: means any part offered for sale for installation in or on a motor vehicle after such vehicle has left the vehicle manufacturer's production line. See 40 CFR 85.2113
  • Agency: means the Environmental Protection Agency. See 40 CFR 85.2113
  • 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
  • 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 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
  • Certificate holder: The entity in whose name the certificate of conformity for a class of motor vehicles or motor vehicle engines has been issued. See 40 CFR 85.1502
  • Certificate of conformity: The document issued by the Administrator under section 206(a) of the Act. See 40 CFR 85.1502
  • Certified aftermarket part: means any aftermarket part which has been certified pursuant to this subpart. See 40 CFR 85.2113
  • Class I: refers to the controlled substances listed in appendix A to this subpart. See 40 CFR 82.3
  • Class I: refers to an ozone-depleting substance that is listed in 40 CFR part 82 subpart A, appendix A. See 40 CFR 82.152
  • Class II: refers to the controlled substances listed in appendix B to this subpart. See 40 CFR 82.3
  • Class II: refers to an ozone-depleting substance that is listed in 40 CFR part 82 subpart A, appendix B. See 40 CFR 82.152
  • 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
  • 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
  • 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
  • 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
  • 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
  • Destruction: means the expiration of a controlled substance to the destruction efficiency actually achieved, unless considered completely destroyed as defined in this section. See 40 CFR 82.3
  • 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
  • Emission warranty: means those warranties given by vehicle manufacturers pursuant to section 207 of the Act. See 40 CFR 85.2113
  • Emission-critical parameters: means those critical parameters and tolerances which, if equivalent from one part to another, will not cause the vehicle to exceed applicable emission standards with such parts installed. See 40 CFR 85.2113
  • Engine family: means the basic classification unit of a vehicle's product line for a single model year used for the purpose of emission-data vehicle or engine selection and as determined in accordance with 40 CFR 86. See 40 CFR 85.2113
  • 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
  • et seq: (formerly 42 U. See 40 CFR 85.2113
  • 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
  • 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
  • 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
  • FTP: The Federal Test Procedure at part 86. See 40 CFR 85.1502
  • 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

  • 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

  • Importer: includes the person primarily liable for the payment of any duties on the merchandise or an authorized agent acting on his or her behalf. See 40 CFR 82.3
  • Individual shipment: means the kilograms of a used 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
  • 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
  • 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
  • Medium-pressure appliance: means an appliance that uses a refrigerant with a liquid phase saturation pressure between 45 psia and 170 psia at 104 °F. See 40 CFR 82.152
  • model year: shall mean the calendar year in which a vehicle is modified. See 40 CFR 85.1502
  • 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
  • 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
  • National security exemption: means an exemption which may be granted under section 203(b)(1) of the Act for the purpose of national security. See 40 CFR 85.1702
  • 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 used controlled substance in accordance with §§82. See 40 CFR 82.3
  • Nonconforming vehicle or engine: A motor vehicle or motor vehicle engine which is not covered by a certificate of conformity prior to final or conditional importation and which has not been finally admitted into the United States under the provisions of §85. See 40 CFR 85.1502
  • 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
  • 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
  • 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
  • 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. 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
  • 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
  • Pre-certification vehicle: means an uncertified vehicle which a manufacturer employs in fleets from year to year in the ordinary course of business for product development, production method assessment, and market promotion purposes, but in a manner not involving lease or sale. See 40 CFR 85.1702
  • Pre-certification vehicle engine: means an uncertified heavy-duty engine owned by a manufacturer and used in a manner not involving lease or sale in a vehicle employed from year to year in the ordinary course of business for product development, production method assessment and market promotion purposes. See 40 CFR 85.1702
  • 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
  • Pre-charged appliance component: means any portion of an appliance including but not limited to condensers, compressors, line sets, and coils that is charged with refrigerant prior to sale or distribution or offer for sale or distribution in interstate commerce. See 40 CFR 82.302
  • 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
  • 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
  • Retrofit: means to convert an appliance from one refrigerant to another refrigerant. See 40 CFR 82.152
  • Running changes: Those changes in vehicle or engine configuration, equipment or calibration which are made by an OEM or ICI in the course of motor vehicle or motor vehicle engine production. See 40 CFR 85.1502
  • 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
  • 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
  • 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
  • Testing exemption: means an exemption which may be granted under section 203(b)(1) for the purpose of research investigations, studies, demonstrations or training, but not including national security. See 40 CFR 85.1702
  • 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
  • United States: United States includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the U. See 40 CFR 85.1502
  • 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
  • Useful life: A period of time/mileage as specified in part 86 for a nonconforming vehicle which begins at the time of resale (for a motor vehicle or motor vehicle engine owned by the ICI at the time of importation) or release to the owner (for a motor vehicle or motor vehicle engine not owned by the ICI at the time of importation) of the motor vehicle or motor vehicle engine by the ICI after modification and/or test pursuant to §85. See 40 CFR 85.1502
  • Vehicle or engine configuration: means the specific subclassification unit of an engine family or certified part application group as determined by engine displacement, fuel system, engine code, transmission and inertia weight class, as applicable. See 40 CFR 85.2113
  • Very high-pressure appliance: means an appliance that uses a refrigerant with a critical temperature below 104 °F or with a liquid phase saturation pressure above 355 psia at 104 °F. See 40 CFR 82.152
  • Working day: Any day on which Federal government offices are open for normal business. See 40 CFR 85.1502