[Federal Register Volume 59, Number 156 (Monday, August 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19889]


[[Page Unknown]]

[Federal Register: August 15, 1994]


_______________________________________________________________________

Part X





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 82




Protection of Stratospheric Ozone; Refrigerant Recycling; Proposed Rule
ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5040-5]

 
Protection of Stratospheric Ozone; Refrigerant Recycling

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is amending the 
rules on refrigerant recycling promulgated under section 608 of the 
Clean Air Act to clarify the conditions under which technician 
certification programs would be grandfathered, allowing technicians who 
had participated in voluntary technician training and certification 
programs prior to the publication of the rule to receive formal 
certification. EPA is also proposing to amend the rule to clarify the 
scope of the technician certification requirement.

DATES: Written comments on the proposed rule must be received by 
September 14, 1994, unless a hearing is requested by August 25, 1994. 
If a hearing is requested, written comments must be received by October 
3, 1994. If requested, a public hearing will be held on September 1, 
1994 at 9 a.m. Individuals wishing to request a hearing must contact 
the Stratospheric Ozone Hotline at 1-800-296-1996 by August 25, 1994. 
To find out whether a hearing will take place, contact the 
Stratospheric Ozone Hotline between August 26, 1994 and September 1, 
1994.

ADDRESSES: Comments should be submitted in duplicate to the attention 
of Air Docket No. A-92-01 VIII.A at: Environmental Protection Agency, 
401 M Street, S.W., Washington, D.C. 20460. The public hearing will be 
held at Washington Information Center (WIC), room 3 North, USEPA, 401 M 
Street SW., Washington, DC. The Air and Radiation Docket and 
Information Center is located in room M-1500, Waterside Mall (Ground 
Floor) Environmental Protection Agency, 401 M Street, S.W., Washington, 
D.C. 20460. Dockets may be inspected from 8:00 a.m. to 4:00 p.m., 
Monday through Friday. A reasonable fee may be charged for copying 
docket materials.

FOR FURTHER INFORMATION CONTACT: Debbie Ottinger, Program 
Implementation Branch, Stratospheric Protection Division, Office of 
Atmospheric Programs, Office of Air and Radiation (6205-J), 401 M 
Street, S.W., Washington, D.C. 20460. The Stratospheric Ozone 
Information Hotline at 1-800-296-1996 can also be contacted for further 
information.

SUPPLEMENTARY INFORMATION:

I. Background

    Final regulations published on May 14, 1993 (58 FR 28660) establish 
a recycling program for ozone-depleting refrigerants recovered during 
the servicing and disposal of air-conditioning and refrigeration 
equipment. The regulations require technicians to observe practices 
that serve to minimize release of refrigerant to the environment. To 
ensure that technicians become knowledgeable of these requirements, 
Sec. 82.161 of the final rule mandates that technicians be certified by 
passing a test. For Type II, Type III, and Universal technicians, the 
test must be a closed-book, proctored examination drawn from a bank of 
test questions kept by the Environmental Protection Agency (EPA) and 
administered in a secure environment by an EPA-approved certifying 
program. For Type I technicians, a mail-in program is permitted. 
Testing and training organizations can apply to EPA to become EPA-
approved technician certifiers under Sec. 82.161(c) by demonstrating 
that they can ensure test security, provide an adequate number of 
proctors during the examination, select questions randomly from the 
test bank, and provide proof of certification to technicians who pass 
the exams. (The specific requirements of the program are presented in 
Sec. 82.161 and appendix D of the final rule.) To date, EPA has 
authorized 66 organizations as technician certifying organizations.

A. Grandfathering

    Under Sec. 82.161(g), organizations that seek approval as 
certifying organizations can also apply to grandfather technicians who 
received training and testing under programs established prior to 
promulgation of the final rule (which established the approval process 
for certification programs). Specifically, Sec. 82.161(g) states:
    ``Persons seeking approval of a technician certification program 
may also seek approval for technician certifications granted previously 
under the program. Interested persons may submit to the Administrator 
at the address in Sec. 82.160(a) verification that the program met all 
of the standards of Sec. 82.161(c) and appendix D, * * * except for 
some elements of the test subject material, in which case the person 
must submit verification that supplementary information on that 
material will be provided pursuant to appendix D, section (j)''
    When EPA initially drafted the language requiring programs to meet 
``all of the standards of Sec. 82.161(c) and appendix D,'' these 
standards were considerably more general than those that were 
ultimately incorporated into the rule. The proposal had discussed 
possible requirements in broad terms. For instance, although the 
proposal anticipated that tests would be proctored, it did not suggest 
a specific ratio of proctors to examinees, such as the 1:50 ratio that 
ultimately appeared in the final rule. Similarly, the proposal did not 
specify whether tests would be open- or closed-book. Instead, the 
proposal included general requirements that tests be proctored, that 
test security measures be in place, and that tests be graded 
objectively. EPA believed that many voluntary programs would meet these 
general requirements.
    In response to comments, the requirements for certifying 
organizations grew more specific. EPA believed that increasing the 
specificity of the standards strengthened the technician certification 
program overall. However, EPA did not thoroughly reevaluate and revise 
its grandfathering provision to reflect the new, detailed requirements. 
Instead, the provision inappropriately continued to require voluntary 
programs to have met all the requirements of Sec. 82.161(c) and 
appendix D.
    This error has now come to EPA's attention. The Agency recognizes 
that if voluntary programs were held to each of the detailed standards, 
no voluntary technician certification program could be grandfathered. 
Appendix D contains the specific requirements of the technician 
certification program. Voluntary programs prior to the promulgation of 
the final rule could not have complied with these requirements, as they 
were not yet in existence. Section (a) (Test Preparation) of appendix D 
requires that ``each certifying program must assemble tests by choosing 
a prescribed subset from the EPA test bank.'' However, the test bank 
did not become available until September 30, 1993. In addition, EPA 
requires programs to certify technicians with Type I, Type II, or Type 
III certifications, depending on the level of the test passed by the 
technician. EPA developed these categories after the close of the 
public comment period to the proposed rule. However, other logical 
categorization systems are possible, and until EPA promulgated the 
final rule, many technician certification organizations categorized 
technician types differently. Furthermore, section (a) requires a 
closed-book test, yet most testing organizations prior to the final 
rule offered only open-book tests. Finally, appendix D defines the 
ratio of technicians to proctors, and requires recordkeeping and 
reporting requirements, all requirements that organizations certainly 
could not have complied with prior to the promulgation of the final 
rule.
    Nevertheless, many voluntary programs met most of the standards of 
appendix D, for instance proctoring tests (at least the equivalent of 
Type II, Type III, and Universal tests), ensuring test security, and 
objectively grading tests. Several programs also covered most of the 
required subject matter in the core and at least some technical 
sections, even when they did not establish the same categories in their 
testing as were established in the final rule (Type I, II, etc.). Where 
the content of their voluntary testing fell short of that required by 
the final rule, programs expressed their willingness to provide 
additional testing and training as needed, and the final rule provided 
for this remedy.
    EPA has always intended to grandfather these reasonably stringent 
programs. By training and testing technicians in recycling refrigerants 
before the rule was promulgated (on May 14, 1993), reasonably stringent 
voluntary programs prepared technicians to comply with the prohibition 
on venting that became effective on July 1, 1992, and probably 
significantly reduced refrigerant emissions. These programs also served 
as an impetus for developing a mandatory program, providing a model for 
that program. Indeed, EPA worked with several voluntary programs to 
develop the requirements of the mandatory program. In addition, many 
voluntary organizations provided questions for the test bank, 
determining the scope of the training and the current exam. In 
proposing and adopting the grandfathering provision, EPA recognized 
that these benefits outweighed any costs that might be associated with 
the programs' unavoidable failure to have followed every requirement 
that new programs must follow under the final rule. Moreover, EPA did 
not want to discourage future participation in voluntary environmental 
training. Requiring repeat testing for technicians who voluntarily took 
adequate testing and training could discourage people from 
participating in future voluntary programs. For these reasons, EPA is 
modifying the requirements for grandfathering to ensure that these 
programs are not disqualified outright due to a drafting error by the 
Agency.
    Specifically, the EPA today is proposing to amend the 
grandfathering provision of Sec. 82.161(g). This paragraph currently 
states that ``[i]nterested parties may submit to the Administrator at 
the address in Sec. 82.160(a) verification that the program met all of 
the standards of Sec. 82.161(c) and appendix D, or verification that 
the program met all of the standards of Sec. 82.161(c) and appendix D, 
except for some elements of the test subject material, in which case 
the person must submit verification that supplementary information will 
be provided pursuant to appendix D, section (j).'' EPA is proposing to 
amend Sec. 82.161(g) to read ``Interested persons may submit to the 
Administrator at the address in Sec. 82.160(a) verification that the 
program substantially complied with most of the standards of 
Sec. 82.161(c) and appendix D. If the program did not test or train 
participants on some elements of the test subject material, the person 
must submit verification that supplementary information on the omitted 
material will be provided pursuant to appendix D, section (j).''
    In reviewing requests to grandfather technicians, EPA will assess 
the extent to which a program substantially complied with most of the 
requirements in each paragraph of Sec. 82.161(c) and appendix D 
(paragraph (a) of appendix D being test preparation, (b), proctoring, 
(c), test security, etc.) and most of the paragraphs of Sec. 82.161(c) 
and appendix D, considering the information that was available to the 
program at the time of its development. EPA believes that this is 
reasonable given the limited information available to these programs 
before the final rule was published. For example, the proposed rule 
published on December 10, 1992, discussed the need for organizations to 
provide proctored tests under conditions that ensured test security, 
but did not specify that one proctor be provided for every 50 
individuals taking the test. Under the approach proposed in this 
document, voluntary programs that provided proctors, but did not 
necessarily provide exactly one proctor for every 50 individuals taking 
the test, would not be disqualified on that basis alone. EPA believes 
that the modification of the final rule to replace ``met all'' with 
``substantially complied with most'' allows EPA to review these 
programs taking such circumstances into account.
    EPA recognizes that the current rule requires that all technicians 
be certified by November 14, 1994. However, EPA did not anticipate the 
delay caused by this amendment, and EPA does not wish to force 
technicians who completed a voluntary program to take additional 
testing simply because they do not know whether or not their voluntary 
program will be grandfathered. Thus, the Agency proposes to extend the 
deadline until six months after promulgation of this amendment for 
those technicians who successfully completed voluntary programs. During 
the six-month period of the extension, those technicians who 
successfully completed a voluntary program could continue to service, 
maintain, repair, and dispose of appliances and could buy refrigerant 
using the certificates or cards issued by the voluntary program. This 
additional time would allow EPA to consider applications for 
grandfathering and would enable grandfathered voluntary programs to 
provide supplementary information or testing, if necessary, and proof 
of certification to grandfathered technicians. To make their past 
participants eligible for this extension, programs would have to apply 
(or have already applied) within 30 days of publication of the final 
amendment: (1) To be approved as a ``new'' program, and (2) to 
grandfather technicians. This extension would not apply to technicians 
who had not participated in voluntary programs that apply within the 
set period. These technicians would still have to be certified by 
November 14, 1994.
    In addition to the changes outlined above, EPA is clarifying how it 
would determine whether programs and individual technicians would be 
grandfathered for a given Type. Whether a voluntary certification 
program was grandfathered for a Type would depend upon the coverage by 
the program of the material in that Type. Whether an individual 
technician was grandfathered for a given Type would depend upon: (1) 
Whether the technician successfully completed a voluntary program that 
was grandfathered for that Type; (2) whether the technician 
successfully completed the portions of the voluntary certification 
program that correspond to that Type; and (3) whether the technician 
completes any additional testing and training required by the 
Administrator pursuant to Sec. 82.161(g)(i). For clarity, EPA is also 
adding two definitions, defining ``to be grandfathered,'' and 
``voluntary certification program.''

B. Clarification of the Scope of the Technician Certification 
Requirement

    EPA is proposing several changes to clarify the scope of the 
technician certification requirement. The current regulation contains 
three provisions addressing the scope of this requirement. These 
provisions are somewhat inconsistent. The first provision is the 
definition of technician at Sec. 82.152(x):
    Technician means any person who performs maintenance, service, or 
repair that could reasonably be expected to release class I or class II 
substances from appliances into the atmosphere, including but not 
limited to installers, contractor employees, in-house service 
personnel, and in some cases, owners. Technician also means any person 
disposing of appliances except for small appliances.
    This definition implies that certification requirements are 
triggered: (1) When persons perform maintenance or repair that has the 
potential to release refrigerants from appliances into the atmosphere 
or (2) when persons dispose of appliances.
    The second provision requiring clarification is the prohibition at 
Sec. 82.154(l):
    (l) Effective November 14, 1994, no person may open an appliance 
except for an MVAC and no person may dispose of an appliance except for 
a small appliance, MVAC, or MVAC-like appliance, unless such person has 
been certified as a technician for that type of appliance pursuant to 
Sec. 82.161.
    The prohibition explicitly links certification requirements to 
``opening'' of appliances. ``Opening'' an appliance is defined as ``any 
service, maintenance, or repair on an appliance that could be 
reasonably expected to release refrigerant from the appliance to the 
atmosphere unless the refrigerant were previously recovered from the 
appliance'' (Sec. 82.152(n)). Like the definition of technician, the 
prohibition also links certification requirements to the disposal of 
appliances, regardless of the potential for refrigerant release during 
any given phase of the disposal process.
    Although the definition of ``opening'' contains language very 
similar to the language in the definition of ``technician,'' 
specifically, ``maintenance, service, or repair that could reasonably 
be expected to release class I or class II substances from appliances 
into the atmosphere,'' EPA intended the definitions to include slightly 
different types of activities. While EPA intended the definition of 
``technician'' to include any work that could release refrigerant into 
the environment, EPA intended ``opening'' to include entry into the 
refrigeration circuit itself. The definition of ``opening'' was 
developed to include exactly the type of work before which refrigerant 
should be recovered from the appliance (or moved to another, isolated 
component of the appliance); thus, ``opening'' an appliance triggers 
EPA's evacuation requirements. Clearly, there are some types of 
activities, such as charging appliances, that have the potential to 
release refrigerant but should not trigger evacuation requirements.
    Nonetheless, when EPA developed its evacuation and certification 
requirements, it believed that for all practical purposes, the same 
group of people would be included under the definition of 
``technician'' and under the prohibition linked to the definition of 
``opening.'' However, EPA has since learned that some individuals 
charge appliances or do other work that could release refrigerant into 
the environment without ever ``opening'' appliances. EPA believes that 
these individuals should be certified. On the other hand, some 
individuals open or disassemble appliances only after refrigerant has 
been removed by someone else. EPA believes that if these individuals 
service, maintain, repair, or dispose of only empty appliances, they 
should not need to be certified.
    The third provision requiring clarification is the technician 
certification requirement itself:
    Effective November 14, 1994, persons who maintain, service, or 
repair appliances, except MVACS, and persons who dispose of appliances, 
except for small appliances, room air conditioners, and MVACs, must be 
certified by an approved technician certification program * * * 
(Sec. 82.161(a)).
    This provision implies that all persons who maintain, service, 
repair or dispose of appliances (except for some types of appliances) 
must be certified, even those who do work (e.g., electrical work) that 
does not have the potential to release refrigerant to the atmosphere. 
While EPA intended this provision to include only the persons who fell 
under the first two provisions, it did not make this explicit in the 
regulation.
    Therefore, EPA is proposing to amend the rule to clarify the scope 
of the certification requirement. First, the proposed rule would modify 
the definition of ``opening'' in order to distinguish it more clearly 
from the definition of ``technician.'' ``Opening'' would be defined as 
any service, maintenance, or repair on an appliance that would (instead 
of ``could'') be reasonably expected to release refrigerant from the 
appliance to the atmosphere unless the refrigerant were previously 
recovered from the appliance. Second, the proposed rule would modify 
the disposal provision of the definition of ``technician'' to include 
only those parts of the disposal process (e.g., evacuation of the 
equipment) that have the potential to release refrigerant. Third, the 
proposal links this definition to the certification requirement at 
Sec. 82.161 by replacing the term ``person'' in that requirement with 
the term ``technician.'' Fourth, the prohibition linking technician 
certification requirements to ``opening'' appliances would be 
eliminated. EPA requests comment on whether these changes sufficiently 
clarify the scope of the technician certification requirement.

C. Limited Exemption From Certification Requirements for Apprentices

    EPA is also amending the rule to clarify that apprentices who meet 
certain requirements are exempt from the certification requirement 
until the end of their field training, as long as that training does 
not exceed two years. EPA recognizes that some educational programs 
train apprentices in the field, allowing them to perform maintenance, 
service, repair, or disposal of appliances under the close supervision 
of more experienced technicians. A person would be considered an 
apprentice if he or she: (1) Was currently registered as an apprentice 
in service, maintenance, repair, or disposal of appliances with the 
U.S. Department of Labor's Bureau of Apprenticeship and Training (or 
its delegate), and (2) had less than two years of experience servicing, 
maintaining, repairing, or disposing of appliances (whether he or she 
was in a training program at the time or not). An apprentice would not 
need to be certified as long as he or she was closely and continuously 
supervised by a certified technician while performing any maintenance, 
service, repair, or disposal that could reasonably be expected to 
release refrigerant from appliances into the atmosphere. Uncertified 
apprentices would not be able to purchase refrigerant after November 
14, 1994, however. This provision clearly would not permit uncertified 
technicians who were not in a training program to perform, under a 
certified supervisor, service, maintenance, repair, or disposal that 
could reasonably be expected to release refrigerant from appliances 
into the atmosphere.
    EPA understands that both union and non-union apprentices in air 
conditioning and refrigeration throughout the U.S. are required to 
register with the U.S. Department of Labor's Bureau of Apprenticeship 
and Training. EPA requests comment on whether there are significant 
exceptions to this requirement and on EPA's proposed use of 
registration with the Bureau as a qualification for status as an 
apprentice under this rule. If registration with the Bureau is not an 
appropriate qualification, EPA requests comment on what other 
qualifications would permit EPA to distinguish bona fide apprentices 
from other technicians.

IV. Summary of Supporting Analysis

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether this regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant'' regulatory action as 
one that is likely to lead to a rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely and materially affect a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined by OMB and EPA that this amendment to the 
final rule is not a ``significant regulatory action'' under the terms 
of Executive Order 12866 and is therefore not subject to OMB review 
under the Executive Order.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601-602, requires that 
Federal agencies examine the impacts of their regulations on small 
entities. Under 5 U.S.C. 604(a), whenever an agency is required to 
publish a general notice of proposed rulemaking, it must prepare and 
make available for public comment an initial regulatory flexibility 
analysis (RFA). Such an analysis is not required if the head of an 
agency certifies that a rule will not have a significant economic 
impact on a substantial number of small entities, pursuant to 5 U.S.C. 
605(b).
    EPA believes that any impact that this amendment will have on the 
regulated community will serve only to provide relief from otherwise 
applicable regulations, and will therefore limit the negative economic 
impact associated with the regulations previously promulgated under 
section 608. An examination of the impacts on small entities was 
discussed in the final rule (58 FR 28660). That final rule assessed the 
impact the rule may have on small entities. A separate regulatory 
impact analysis accompanied the final rule and is contained in Docket 
A-92-01. I certify that this amendment to the refrigerant recycling 
rule will not have any additional negative economic impacts on any 
small entities.

C. Paperwork Reduction Act

    Any information collection requirements in a rule must be submitted 
for approval to the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Because no additional 
informational collection requirements are required by this amendment, 
EPA has determined that the Paperwork Reduction Act does not apply to 
this rulemaking and no new Information Collection Request document has 
been prepared.

V. Judicial Review

    Under section 307(b)(1) of the Act, EPA finds that these 
regulations are of national applicability. Accordingly, judicial review 
of this action is available only by the filing of a petition for review 
in the United States Court of Appeals for the District of Columbia 
Circuit within sixty days of publication of this action in the Federal 
Register. Under section 307(b)(2), the requirements of this rule may 
not be challenged later in judicial proceedings brought to enforce 
those requirements.

List of Subjects in 40 CFR Part 82

    Administrative practice and procedure, Air pollution control, 
Chemicals, Chlorofluorocarbons, Hydrochlorofluorocarbons, Recovery and 
recycle, Reporting and recordkeeping requirements, Stratospheric ozone 
layer.

    Dated: August 4, 1994.
Carol M. Browner,
Administrator.

    Title 40, Code of Federal Regulations, part 82, is amended as 
follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

    1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671q.

    2. Section 82.152 is amended by redesignating paragraphs (f) 
through (y) as paragraphs (h) through (aa), redesignating paragraphs 
(b) through (e) as paragraphs (c) through (f), revising newly 
designated paragraphs (p) and (z), and by adding new paragraphs (b), 
(g), and (bb) to read as follows:


Sec. 82.152  Definitions.

* * * * *
    (b) Apprentice means any person who is currently registered as an 
apprentice in service, maintenance, repair, or disposal of appliances 
with the U.S. Department of Labor's Bureau of Apprenticeship and 
Training (or its delegate). If more than two years have elapsed since 
the person first began performing maintenance, service, repair or 
disposal of appliances or registered as an apprentice with the Bureau 
of Apprenticeship and Training, the person shall not be considered an 
apprentice.
* * * * *
    (g) To be grandfathered means:
    (1) To receive the approval of the Administrator pursuant to 
Sec. 82.161(g)(1) to certify technicians who successfully completed a 
voluntary certification program; or
    (2) To become certified as a technician pursuant to 
Sec. 82.161(g)(2).
* * * * *
    (p) Opening an appliance means any service, maintenance, or repair 
on an appliance that would be reasonably expected to release class I or 
class II refrigerant from the appliance to the atmosphere unless the 
refrigerant were previously recovered from the appliance.
* * * * *
    (z) Technician means any person who performs maintenance, service, 
or repair that could be reasonably expected to release class I or class 
II refrigerants from appliances, except for MVACs, into the atmosphere, 
including but not limited to installers, contractor employees, in-house 
service personnel, and in some cases, owners. Technician also means any 
person who performs disposal of appliances, except for small 
appliances, MVACs, and MVAC-like appliances, that could reasonably be 
expected to release class I or class II refrigerants from the 
appliances into the atmosphere.
* * * * *
    (bb) Voluntary certification program means a technician testing 
program operated by a person before that person obtained approval of a 
technician certification program pursuant to Sec. 82.161(c).

    3. Section 82.154 is amended by removing paragraph (l), by 
redesignating paragraphs (m) through (o) as (l) through (n) 
respectively, and by redesignating newly designated paragraphs (m)(2) 
through (m)(6) as (m)(3) through (m)(7) respectively, and by adding 
paragraphs (m)(2) and (m)(8) to read as follows:


Sec. 82.154  Prohibitions.

* * * * *
    (m) * * *
    (2) The buyer has successfully completed a voluntary certification 
program requesting grandfathering under Sec. 82.161(g) by [30 days 
after publication of the final rule]. This paragraph (m)(2) expires on 
[six months after publication of the final rule].
* * * * *
    (8) The refrigerant is charged into an appliance by a technician 
who successfully completed a voluntary certification program requesting 
grandfathering under Sec. 82.161(g) by [30 days after publication of 
the final rule]. This paragraph (m)(8)expires on [six months after 
publication of the final rule].

    4. Section 82.161 is amended by revising paragraph (a) introductory 
text; by revising the word ``Persons'' to read ``Technicians'' in 
paragraphs (a)(1) through (a)(5); by revising paragraph (g); and by 
adding paragraph (a)(6) to read as follows:


Sec. 82.161  Technician certification.

    (a) Effective November 14, 1994, technicians, except technicians 
who successfully completed voluntary certification programs that apply 
for grandfathering under Sec. 82.161(g) by [30 days after publication 
of the final rule], must be certified by an approved technician 
certification program under the requirements of this paragraph. 
Effective [six months after publication of the final rule], technicians 
who successfully completed voluntary certification programs that apply 
for grandfathering under Sec. 82.161(g) by [30 days after publication 
of the final rule] but who are not grandfathered for the appropriate 
type as set forth in this paragraph (a) and in Sec. 82.161(g)(2) must 
be certified by an approved technician certification program under the 
requirements of this paragraph (a). Effective [six months after 
publication of the final rule], technicians who are grandfathered for 
the appropriate type as set forth in this paragraph and in 
Sec. 82.161(g)(2) must have completed any additional testing and 
training specified by the Agency pursuant to Sec. 82.161(g) and 
appendix D of subpart F, section (j).
* * * * *
    (6) Apprentices are exempt from this requirement provided the 
apprentice is closely and continuously supervised by a certified 
technician while performing any maintenance, service, repair, or 
disposal that could reasonably be expected to release refrigerant from 
appliances into the environment. The supervising certified technician 
is responsible for ensuring that the apprentice complies with this 
subpart.
* * * * *
    (g)(1) Any person seeking approval of a technician certification 
program may also seek approval to certify technicians who successfully 
completed a voluntary certification program operated previously by that 
person. Interested persons must submit to the Administrator at the 
address in Sec. 82.160(a) verification that the voluntary certification 
program substantially complied with most of the standards of 
Sec. 82.161(c) and appendix D of subpart F. If the program did not test 
or train participants on some elements of the test subject material, 
the person must submit verification that supplementary information on 
the omitted material will be provided pursuant to appendix D of subpart 
F, section (j). Approval may be granted for Type I, Type II, or Type 
III certification, or some combination of these, depending upon the 
coverage in the voluntary certification program of the information in 
each Type. In order to have their programs considered for 
grandfathering, persons must submit applications both for approval as a 
technician certification program and for grandfathering by [30 days 
after publication of the final rule].
    (2) Technicians who successfully completed voluntary certification 
programs may receive certification in a given Type through that program 
only if:
    (i) The voluntary certification program successfully completed by 
the technician is grandfathered for that Type pursuant to 
Sec. 82.161(g)(1);
    (ii) The technician successfully completed the portions of the 
voluntary certification program that correspond to that Type; and
    (iii) The technician completes any additional testing and training 
required by the Administrator pursuant to Sec. 82.161(g)(i).

[FR Doc. 94-19889 Filed 8-12-94; 8:45 am]
BILLING CODE 6560-50-P