40 C.F.R. § 84.116

Current through November 30, 2024
Section 84.116 - [Effective 12/10/2024] Requirements for disposable cylinders
(a) As of January 1, 2028, any person who uses a disposable cylinder must send such disposable cylinder for further processing to remove the heel, as described in paragraphs (b) and (c) of this section, when:
(1) The disposable cylinder contains a regulated substance(s);
(2) The disposable cylinder was used in the servicing, repair, or installation of refrigerant-containing equipment or fire suppression equipment; and
(3) The person does not intend to use the disposable cylinder in future servicing, repair, or installation of refrigerant-containing equipment or fire suppression equipment.
(b) Except as provided in paragraphs (e) and (g) in this section, disposable cylinders that meet the criteria in paragraphs (a)(1), (a)(2), and (a)(3) of this section must be sent to:
(1) A reclaimer certified under 40 CFR 82.164 ;
(2) A fire suppressant recycler, if the disposable cylinder was used in the servicing, repair, or installation of fire suppression equipment;
(3) A final processor, such as a landfill operator or a scrap metal recycler, who is capable of removing the heel from disposable cylinders; or
(4) A refrigerant supplier (including but not limited to distributors and wholesalers), who is capable of removing the heel from disposable cylinders.
(c) Regulated substance(s) removed from heels of disposable cylinders by those entities identified in paragraphs (b)(3) and (b)(4) of this section, where those removed heels are or are not aggregated into a larger container, must be sent to a reclaimer certified under 40 CFR 82.164 or a fire suppressant recycler.
(1) Regulated substance(s) removed from heels of disposable cylinders that exhibit ignitability characteristics (per 40 CFR 261.21 ), where those removed heels are or are not aggregated into a larger container, must be sent to a reclaimer certified under 40 CFR 82.164 that is in compliance with the requirements at 40 CFR part 266, subpart Q.
(2) [Reserved]
(d) As of January 1, 2028, an entity as described in paragraphs (b)(1), (b)(2), (b)(3), or (b)(4) of this section who receives a disposable cylinder meeting the criteria in paragraphs (a)(1), (a)(2), and (a)(3) of this section must remove all remaining contents from the disposable cylinder prior to discarding the disposable cylinder.
(e) Disposable cylinders that that meet the criteria in paragraphs (a)(1), (a)(2), and (a)(3) of this section may be discarded to a final processor without meeting the requirements in paragraphs (b) and (d) of this section, when:
(1) The heel was removed by a certified technician;
(2) The heel of the used disposable cylinder has been evacuated to a vacuum of 15 in-Hg prior to discarding the cylinder;
(3) The certified technician provides a certification statement, which certifies that the heel was evacuated to a vacuum of 15 in-Hg; states the name and address of the certified technician who evacuated the cylinder(s) and the date the cylinder(s) was/were evacuated; and is signed by the certified technician who evacuated the cylinder(s); and
(4) The certified technician discarding the cylinder to the final processor must provide the signed certification statement described in paragraph (e)(3) of this section to the final processor (which may include a landfill operator or scrap metal recycler) when they discard the cylinder to the final processor.
(f)Recordkeeping. A final processor who receives a disposable cylinder as described in paragraph (e) of this section must maintain a record of the signed statement for three years.
(g) Small cans of refrigerant that contain no more than two pounds of refrigerant and that qualify for the exemption described in 40 CFR 82.154(c)(1)(ix) are not subject to the requirements in paragraphs (b) through (f) of this section.

40 C.F.R. §84.116

89 FR 82859 , 12/10/2024