[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





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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