State Codes and Statutes

Statutes > Wisconsin > 101 > 101.177

101.177

101.177 Refrigeration equipment and ozone-depleting refrigerant.

101.177(1)

(1) Definitions. In this section:

101.177(1)(a)

(a) "Approved refrigerant reclaiming equipment" means equipment that the department or an independent standards testing organization approved by the department determines will treat ozone-depleting refrigerant removed from refrigeration equipment so that the ozone-depleting refrigerant meets the standard of purity for reclaimed refrigerant established under sub. (4) (a) 1.

101.177(1)(am)

(am) "Approved refrigerant recycling equipment" means equipment that the department or an independent standards testing organization approved by the department determines will reduce contaminants in used ozone-depleting refrigerant by oil separation and passes through devices that reduce moisture, acidity and particulate matter.

101.177(1)(b)

(b) "Ozone-depleting refrigerant" has the meaning given in s. 100.45 (1) (d).

101.177(1)(c)

(c) "Refrigeration equipment" means mechanical vapor compression refrigeration equipment except for a mobile air conditioner, as defined in s. 100.45 (1) (b), or trailer refrigeration equipment, as defined in s. 100.45 (1) (e).

101.177(1)(d)

(d) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the Lower Fox River Remediation Authority.

101.177(2)

(2) Servicing. No person, including a state agency, may install or service a piece of refrigeration equipment that contains ozone-depleting refrigerant unless the person certifies all of the following to the department:

101.177(2)(a)

(a) That the person does not use ozone-depleting refrigerant for cleaning purposes, including to clean the interior or exterior surfaces of refrigeration equipment.

101.177(2)(b)

(b) That the person transfers the ozone-depleting refrigerant from refrigeration equipment to storage containers using equipment that is approved by the department whenever the person removes ozone-depleting refrigerant from refrigeration equipment.

101.177(2)(c)

(c) That the individuals who use the equipment to transfer ozone-depleting refrigerant under par. (b) have the qualifications established under sub. (4) (a) 2.

101.177(2)(d)

(d) That the person does not knowingly or negligently release ozone-depleting refrigerant to the environment, except for minimal releases that occur as a result of efforts to recover, reclaim or recycle ozone-depleting refrigerant removed from refrigeration equipment.

101.177(2)(e)

(e) That the person inspects and, if necessary, repairs refrigeration equipment that leaks, or is suspected of leaking, before putting additional ozone-depleting refrigerant into that refrigeration equipment.

101.177(2)(g)

(g) That, for the purposes of determining whether repairs are necessary under par. (e), the person uses a yearly leak rate identified by the federal environmental protection agency.

101.177(3)

(3) Sale of used refrigerant.

101.177(3)(a)

(a) After December 31, 1991, no person, including a state agency, may sell used ozone-depleting refrigerant removed from refrigeration equipment for reuse unless the person certifies all of the following to the department:

101.177(3)(a)1.

1. That the person or another person reclaims the ozone-depleting refrigerant using approved refrigerant reclaiming equipment.

101.177(3)(a)2.

2. That the individuals who use the approved refrigerant reclaiming equipment under subd. 1. have the qualifications established under sub. (4) (a) 3.

101.177(3)(b)

(b) Paragraph (a) does not apply to a person that sells used ozone-depleting refrigerant removed from refrigeration equipment to another person for reclaiming, as provided in par. (a) 1., by that other person if the person informs the other person that the ozone-depleting refrigerant has not been reclaimed as provided in par. (a) 1.

101.177(3m)

(3m) Sale of new or reclaimed refrigerant. No person may sell or offer to sell new or reclaimed ozone-depleting refrigerant except as authorized in s. 100.45 (3) (b) or to one of the following:

101.177(3m)(a)

(a) A person who intends to resell the ozone-depleting refrigerant.

101.177(3m)(b)

(b) A person who provides certification to the department under sub. (2).

101.177(4)

(4) Department duties. The department shall do all of the following:

101.177(4)(a)

(a) Promulgate rules for the administration of this section including establishing all of the following:

101.177(4)(a)1.

1. A standard of purity for reclaimed refrigerant that is based on recognized national industry standards.

101.177(4)(a)2.

2. Qualifications, which may include training or certification requirements, for individuals who use equipment to transfer ozone-depleting refrigerant from refrigeration equipment to storage containers.

101.177(4)(a)2m.

2m. Qualifications, which may include training or certification requirements, for individuals who transfer ozone-depleting refrigerant from storage containers to approved refrigerant recycling equipment, approved refrigerant reclaiming equipment or other storage containers.

101.177(4)(a)3.

3. Qualifications, which may include training or certification requirements, for individuals who use approved refrigerant recycling equipment.

101.177(4)(a)3m.

3m. Qualifications, which may include training or certification requirements, for individuals who use approved refrigerant reclaiming equipment.

101.177(4)(a)4.

4. Fees to cover the cost of administering subs. (2) and (3).

101.177(4)(b)

(b) Identify approved refrigerant recycling equipment or approve independent testing organizations that may identify approved refrigerant recycling equipment.

101.177(4)(bm)

(bm) Identify approved refrigerant reclaiming equipment or approve independent testing organizations that may identify approved refrigerant reclaiming equipment.

101.177(4)(c)

(c) Approve equipment for the transfer of ozone-depleting refrigerant from refrigeration equipment to storage containers.

101.177(4m)

(4m) Department powers. The department may promulgate rules providing that any portion of sub. (2), (3) or (3m) applies with respect to a substance used as a substitute for an ozone-depleting refrigerant.

101.177(5)

(5) Penalties.

101.177(5)(a)

(a) Any person who violates sub. (2) shall be required to forfeit not less than $50 nor more than $1,000. Each installation or servicing in violation of sub. (2) constitutes a violation.

101.177(5)(b)

(b) Any person who violates sub. (3) or (3m) shall be required to forfeit not less than $50 nor more than $1,000. Each sale in violation of sub. (3) or (3m) constitutes a violation.

101.177 - ANNOT.

History: 1989 a. 284; 1991 a. 97; 1993 a. 243; 1997 a. 27; 2005 a. 74, 335; 2007 a. 20, 97; 2009 a. 28.

101.177 - ANNOT.

Cross Reference: See also ss. Comm 5.70, 5.71, 5.72, and 45.01, Wis. adm. code.