[Federal Register Volume 60, Number 25 (Tuesday, February 7, 1995)]
[Rules and Regulations]
[Pages 7386-7387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2830]
[[Page 7385]]
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Part VI
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 82
Protection of Stratospheric Ozone; Final Rule
Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 /
Rules and Regulations
[[Page 7386]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-5149-3]
Protection of Stratospheric Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of partial stay and reconsideration.
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SUMMARY: This action announces a three-month stay of a provision of the
refrigerant recycling regulations promulgated under section 608 of the
Clean Air Act that restricts the sale of class I or class II
refrigerants contained in appliances without fully assembled
refrigerant circuits. The effectiveness of 40 CFR 82.154(m), including
the applicable compliance date, is stayed for three months pending
reconsideration, only as it applies to refrigerant contained in
appliances without fully assembled refrigerant circuits.
In the proposed rules Section of today's Federal Register notice,
EPA is proposing to extend this stay to the extent necessary to
complete reconsideration (including any appropriate regulatory action)
of the rule in question.
EFFECTIVE DATE: January 27, 1995.
ADDRESSES: Comments and materials supporting this rulemaking are
contained in Public Docket No. A-92-01, Waterside Mall (Ground Floor)
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460 in room M-1500. Dockets may be inspected from 8 a.m. until 5:30
p.m., Monday through Friday. A reasonable fee may be charged for
copying docket materials.
FOR FURTHER INFORMATION CONTACT: Deborah Ottinger, Program
Implementation Branch, Stratospheric Protection Division, Office of
Atmospheric Programs, Office of Air and Radiation (6205-J), 401 M
Street, SW., Washington, DC 20460, (202) 233-9200. The Stratospheric
Ozone Information Hotline at 1-800-296-1996 can also be contacted for
further information.
SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in
the following outline:
I. Background
II. Rules to be Stayed and Reconsidered
III. Issuance of Stay
IV. Authority for Stay and Reconsideration
V. Proposed Additional Temporary Stay
VI. Effective Date
I. Background
On December 16, 1994, Hamilton Home Products, a distributor of pre-
charged split air-conditioning systems, sent to the United States
Environmental Protection Agency (EPA) a petition for reconsideration of
the amendment to the Refrigerant Recycling Rule promulgated on October
28, 1994, (59 FR 55912, November 9, 1994), particularly the sales
restriction provision under 40 CFR 82.154(m) as it applies to
refrigerant contained in appliances without fully assembled refrigerant
circuits. On January 6, 1995, Hamilton Home Products filed a petition
in the United States Court of Appeals for the District of Columbia
Circuit seeking review of this Refrigerant Recycling Rule (Hamilton
Home Products vs. U.S. Envtl. Protection Agency, D.C. Cir. No 95-1019).
By this action, EPA is convening a proceeding for reconsideration.
II. Rules To Be Stayed and Reconsidered
Final regulations published on May 14, 1993 (58 FR 28660),
established a recycling program for ozone-depleting refrigerants
recovered during the servicing and disposal of air-conditioning and
refrigeration equipment. The regulations required technicians to
observe practices that minimize release of refrigerant to the
environment and to be certified as knowledgeable of these requirements
(40 CFR 82.154, 82.156, 82.161). Moreover, to ensure that persons
handling refrigerant are certified technicians, Sec. 82.154(n) (now (m)
by amendment) prohibited the sale of refrigerant unless the buyer was a
certified technician or another exception applied. One exception was
for refrigerant contained in an appliance. This exception was intended
to permit uncertified individuals to purchase appliances, such as
household refrigerators, whose installation would involve very little
risk of refrigerant release (58 FR 28697).
On August 15, 1994, EPA proposed an amendment to the technician
certification provisions of the rule to clarify the scope of the
activities that must only be performed by a certified technician (59 FR
41968). During the comment period on the proposed rule, EPA became
aware that it also needed to clarify the exception for pre-charged
appliances from the sales restriction in light of the other amendments.
It was not clear whether pre-charged split systems should be considered
appliances, which are excepted, or components, which are not. Although
sold as a package, a pre-charged split system is not a fully assembled
appliance.
For the reasons given in the October 28, 1994 final rule (59 FR
55912, published November 9, 1994) EPA revised the relevant paragraphs
of Sec. 82.154(n) to read ``Effective November 14, 1994, no person may
sell or distribute, or offer for sale or distribution, any class I or
class II substance for use as a refrigerant to any person unless: * * *
(6) The refrigerant is contained in an appliance, and after January 9,
1995, the refrigerant is contained in an appliance with a fully
assembled refrigerant circuit * * *.''
After promulgation of the October 28, 1994 rule and within the 60
day judicial review period, Hamilton Home Products (Hamilton) objected
to the rule and submitted information to EPA regarding the effects of
the sales restriction on pre-charged split systems. Hamilton claims
that it was impracticable to raise the objection during the comment
period due to lack of notice. While EPA believes its final rule is a
logical outgrowth of the notice, the notice itself did not specifically
address pre-charged split systems.
Hamilton's petition states that the Quick Connect assembly used in
Hamilton's products, which are sold to homeowners, ``enable[s]
homeowners to have the installation completed with no refrigerant
loss.'' Hamilton further notes that ``in the six (6) years that
Hamilton has been distributing ``Quick-Connect'' Split Systems for
sale, there have been no returns as a result of any product loss of
refrigerant.'' In addition, Hamilton states that consumers who buy
split systems themselves, rather than through a contractor, realize
significant savings even if the consumer hires a contractor to assemble
the refrigerant circuit. Finally, Hamilton argues that loss of the
split-system market would represent an extreme economic burden on the
company.
EPA has completed a preliminary review of Hamilton's information
and is now reconsidering the sales restriction provisions in light of
this new information. Hamilton's information indicates that the risk of
release of refrigerant during the assembly of quick-connect split
systems, and therefore the benefit of restricting sale of split
systems, may be small. At the same time, the cost to consumers and to
distributors such as Hamilton of restricting sale of split systems may
be significant.
III. Issuance of Stay
EPA hereby issues a three-month administrative stay of the
effectiveness [[Page 7387]] of Sec. 82.154(m), including all applicable
compliance dates, as this provision applies to refrigerant contained in
appliances without fully assembled refrigerant circuits (59 FR 55912).
This stay does not affect refrigerant contained in pre-charged parts or
bulk containers.1 EPA will reconsider this rule, as discussed
above and, following the notice and comment procedures of section
307(d) of the Clean Air Act, will take appropriate action. If the
reconsideration results in restrictions on the sale of class I and
class II refrigerants that are stricter than the existing rule, EPA
will propose an adequate compliance period from the date of final
action on reconsideration. EPA will seek to ensure that the affected
parties are not unduly prejudiced by the Agency's reconsideration.
\1\EPA considers a ``part'' to be any component or set of
components that makes up less than an appliance. For example, this
includes line sets, evaporators, or condensers that are not sold as
part of a set from which one can construct a complete split system
or other appliance. On the other hand, EPA considers a ``pre-charged
split system'' to be a set of parts or components, at least one of
which is pre-charged, from which one can assemble a complete split
system. This may include a pre-charged condenser, pre-charged
evaporator, and pre-charged line set, or simply a pre-charged
condenser sold along with an evaporator and line set containing only
nitrogen.
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IV. Authority for Stay and Reconsideration
The administrative stay and reconsideration of the rule and
associated compliance period announced by this notice are being
undertaken pursuant to section 307(d)(7)(B) of the Clean Air Act, 42
U.S.C. 7607(d)(7)(B). The issues in the petition for reconsideration
were impracticable to raise during the comment period, and are of
central relevance to the outcome of this provision of the rule.
V. Proposed Additional Temporary Stay
Because EPA may not be able to complete the reconsideration
(including any appropriate regulatory action) of the rule stayed by
this notice within the three-month period expressly provided in section
307(d)(7)(B), in the Proposed Rules Section of today's Federal
Register, EPA proposes a temporary extension of the stay beyond the
three months provided, only to the extent necessary to complete
reconsideration of the rule in question.
VI. Effective Date
This action will become final on January 27, 1995.
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Chemicals, Chlorofluorocarbons, Exports,
Hydrochlorofluorocarbons, Imports, Interstate commerce, Nonessential
products, Reporting and recordkeeping requirements, Stratospheric ozone
layer.
Dated: January 27, 1995.
Carol M. Browner,
Administrator.
Part 82, chapter I, title 40, of the Code of Federal Regulations,
is amended to read 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 82.154 is amended by adding paragraph (m)(9) to read as
follows:
Sec. 82.154 Prohibitions.
* * * * *
(m) * * *
(9) Rules stayed for reconsideration. Notwithstanding any other
provisions of this subpart, the effectiveness of 40 CFR 82.154(m), only
as it applies to refrigerant contained in appliances without fully
assembled refrigerant circuits, is stayed from January 27, 1995 to
April 27, 1995.
* * * * *
[FR Doc. 95-2830 Filed 2-6-95; 8:45 am]
BILLING CODE 6560-50-P