[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Rules and Regulations]
[Pages 19273-19278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7407]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-7899-3]
RIN 2060-AM51


Protection of Stratospheric Ozone: Substitute Refrigerant 
Recycling; Amendment to the Definition of Refrigerant

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is promulgating this 
direct final rule to correct the final rule published in the Federal 
Register on March 12, 2004. Specifically, EPA is amending the 
regulatory text for the definitions of refrigerant and technician. EPA 
is also amending the prohibition against venting substitute 
refrigerants to reflect the changes in the definitions. These changes 
are being finalized to make certain that the regulations promulgated on 
March 12, 2004 cannot be construed as a restriction on the sales of 
substitutes that do not consist of an ozone-depleting substance (ODS), 
such as pure hydrofluorocarbon (HFC) and perfluorocarbon (PFC) 
substitutes.

DATES: This direct rule is effective on June 13, 2005, without further 
notice, unless EPA receives adverse comment by May 13, 2005. If EPA 
receives adverse comment, the Agency will publish a timely withdrawal 
in the Federal Register informing the public that this rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2004-
0070 by one of the following methods:
     Federal eRulemaking portal http://www.regulations.gov. 
Follow the on-line instructions for submitting comments;
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments;
     Fax comments to (202) 566-1741; or
     Mail/hand delivery: Submit comments to Air and Radiation 
Docket at EPA West, 1301 Constitution Avenue, NW., Room B108, Mail Code 
6102T, Washington, DC 20460, phone: (202) 566-1742.
    Instructions: Direct your comments to Docket ID No. OAR-2004-0070. 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available on-line at 
http://www.epa.gov/edocket, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through EDOCKET, 
regulations.gov, or e-mail. The EPA EDOCKET and the Federal 
regulations.gov Web sites are ``anonymous access'' systems, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through EDOCKET or regulations.gov, your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit EDOCKET on-line or see the 
Federal Register of May 31, 2002 (67 FR 38102).
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the Air and Radiation Docket EPA/DC, EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: Julius Banks; (202) 343-9870; 
Stratospheric Protection Division, Office of Atmospheric Programs, 
Office of Air and Radiation (6205J); 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460. The Stratospheric Ozone Information Hotline, 800-
296-1996, and the Ozone Web page, http://www.epa.gov/ozone/title6/608/regulations/index.html, can also be contacted for further information 
concerning this correction.

SUPPLEMENTARY INFORMATION: EPA is publishing this rule without prior 
proposal because we view this as a noncontroversial amendment and 
anticipate no adverse comment. EPA

[[Page 19274]]

emphasizes that it is not re-proposing the June 11, 1998, proposal (63 
FR 32044) to restrict the sale of hydrofluorocarbon (HFC) and 
perfluorocarbon (PFC) substitutes, but is only taking action to correct 
the definitions of refrigerant and technician at Sec.  82.152 and amend 
the venting prohibition at Sec.  82.154(a) to make certain that the 
definitions and prohibition are consistent with the expressed intent of 
the March 12, 2004 (69 FR 11946) final rule to not restrict the sales 
of such substitutes. EPA discussed and responded to comments concerning 
the sales restrictions on substitutes for refrigerants, and its 
extension to substitutes for refrigerants that consist in part or whole 
of a class I or class II ozone-depleting substance in the March 12, 
2004, final rulemaking (69 FR 11969).
    In the ``Proposed Rules'' section of today's Federal Register 
publication, EPA is publishing a separate document that will serve as 
the proposal to amend the definitions of refrigerant and technician and 
prohibit the knowing venting of HFC and PFC substitutes. This direct 
final rule will become effective on June 13, 2005, without further 
notice unless we receive adverse comment regarding the intent of the 
amended definitions by May 13, 2005. If EPA receives adverse comment on 
the intent of the corrected definitions and the amended prohibition, we 
will publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. EPA will address all public 
comments on the proposed rule in a subsequent final rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

Table of Contents

I. Regulated Entities
II. Overview
III. Today's Action
    A. Correction to the Definition of Refrigerant
    B. Amendment to the Prohibition Against Venting Substitutes
    C. Correction to the Definition of Technician
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health & Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. The Congressional Review Act

I. Regulated Entities

    Entities potentially regulated by this action include those that 
manufacture, own, maintain, service, repair, or dispose of all types of 
air-conditioning and refrigeration equipment (i.e., appliances as 
defined by Sec.  82.152); those who sell, purchase, or reclaim 
refrigerants and their substitutes; and those who own refrigerant 
recycling or recovery equipment. This listing is not intended to be 
exhaustive, but rather provides a guide for readers regarding entities 
likely to be regulated by this action. To determine whether your 
company is regulated by this action, you should carefully examine the 
applicability criteria contained in section 608 of the Clean Air Act 
Amendments of 1990 (the Act). The applicability criteria are discussed 
below and in regulations published on December 30, 1993 (58 FR 69638). 
If you have questions regarding the applicability of this action to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

II. Overview

    On March 12, 2004 (69 FR 11946), EPA amended the rule on 
refrigerant recycling, promulgated under section 608 of the Act, to 
clarify how the requirements of section 608 apply to substitutes for 
chlorofluorocarbon (CFC) and hydrochlorofluorocarbon (HCFC) 
refrigerants. This rule explicated the self-effectuating statutory 
prohibition against the knowing venting of substitutes to the 
atmosphere during the maintenance, service, repair, and disposal of 
appliances that became effective on November 15, 1995. The rule also 
exempted certain substitutes from the venting prohibition on the basis 
of current evidence that their release is adequately addressed by other 
authorities; hence, such release does not pose a threat to the 
environment under section 608 (69 FR 11949).
    EPA also amended the refrigerant recovery and recycling 
requirements for CFC and HCFC refrigerants to accommodate the 
proliferation of new substitutes for these refrigerants on the market, 
and to clarify that the venting prohibition applies to all substitutes 
and refrigerants for which EPA has not made a determination that their 
release ``does not pose a threat to the environment,'' including HFC 
and PFC substitutes. The March 12, 2004 final rule was not intended to 
either mandate section 608 technician certification for those 
maintaining, repairing, or servicing appliances using substitutes that 
do not consist of a class I or class II ODS or to restrict the sale of 
substitutes that do not contribute to the depletion of the 
stratospheric ozone layer, such as pure HFC and PFC substitutes (69 FR 
11946).

III. Today's Action

    With this action, EPA is correcting the definitions of refrigerant 
and technician at Sec.  82.152 and amending the prohibition against the 
knowing venting of substitutes at Sec.  82.154(a). These amendments are 
being made to reflect the intent of the March 12, 2004 final rule to 
not regulate the sale of substitutes that do not consist of a class I 
or class II ozone-depleting substance.

A. Correction to the Definition of Refrigerant

    While the intent of the March 12, 2004 final rule was not to 
restrict the sale of refrigerant substitutes that do not contribute to 
the depletion of the stratospheric ozone layer (69 FR 11946), the 
accompanying regulatory text could be construed as having the opposite 
effect. Specifically, the final rule's definition of refrigerant at 
Sec.  82.152 (69 FR 11957) stated that, refrigerant means, for purposes 
of this subpart, any substance consisting in part or whole of a class I 
or class II ozone-depleting substance that is used for heat transfer 
purposes and provides a cooling effect, or any substance used as a 
substitute for such a class I or class II substance by any user in a 
given end-use, except for the following substitutes in the following 
end-uses:
    (1) Ammonia in commercial or industrial process refrigeration or in 
absorption units;
    (2) Hydrocarbons in industrial process refrigeration (processing of 
hydrocarbons);
    (3) Chlorine in industrial process refrigeration (processing of 
chlorine and chlorine compounds);
    (4) Carbon dioxide in any application;
    (5) Nitrogen in any application; or
    (6) Water in any application.
    EPA is aware that the above definition of refrigerant could be 
construed as being at odds with the preamble that discusses the 
Agency's intent to not restrict the sale of substitutes that do not 
consist of a class I or class II ODS. The unintentional inclusion of 
the phrase or any substance used as a substitute for such a class I or 
class II substance * * *, implies that any substance, including pure 
HFCs and PFCs, used as a substitute for such a class I or class II

[[Page 19275]]

substance would be captured under the definition of refrigerant. If 
left uncorrected, this could create ambiguity about the interpretation 
of the regulations promulgated at 40 CFR part 82, subpart F (i.e., 
section 608 regulations) and could have unintended implications on the 
prohibitions, required practices, and reporting and recordkeeping 
requirements of the regulations promulgated under section 608 of Title 
VI of the Clean Air Act (e.g., mandatory certification of technicians 
servicing appliances using pure HFC refrigerants and a restriction on 
the sale of HFC substitutes to certified technicians).
    Therefore, EPA is correcting the definition of refrigerant by 
deleting the aforementioned phrase. The corrected definition at Sec.  
82.152 reads: Refrigerant means, for purposes of this subpart, any 
substance consisting in part or whole of a class I or class II ozone-
depleting substance that is used for heat transfer purposes and 
provides a cooling effect. EPA has deleted the text specifying the 
exempted substitutes (namely, ammonia in commercial or industrial 
process refrigeration or in absorption units; hydrocarbons in 
industrial process refrigeration (processing of hydrocarbons); chlorine 
in industrial process refrigeration (processing of chlorine and 
chlorine compounds); carbon dioxide in any application; nitrogen in any 
application; or water in any application). Since these substances do 
not contain a class I or class II ODS, such a level of specificity is 
not required within the amended definition.

B. Amendment to the Prohibition Against Venting Substitutes

    The correction to the definition of refrigerant requires an 
amendment to the regulatory venting prohibition at Sec.  82.154(a). The 
March 12, 2004 amendment to the section 608 regulatory venting 
prohibition (69 FR 11979) states that, Effective May 11, 2004, no 
person maintaining, servicing, repairing, or disposing of appliances 
may knowingly vent or otherwise release into the environment any 
refrigerant from such appliances. * * * If not addressed, the corrected 
definition of refrigerant would exclude pure HFC and PFC substitutes 
\1\ from the venting prohibition, because they do not consist in part 
or whole of a class I or class II ozone-depleting substance. The 
preamble to the March 12, 2004, final rule made clear that the Agency 
intended to exempt certain substitutes, namely, ammonia in commercial 
or industrial process refrigeration or in absorption units; 
hydrocarbons in industrial process refrigeration (processing of 
hydrocarbons); chlorine in industrial process refrigeration (processing 
of chlorine and chlorine compounds); carbon dioxide in any application; 
nitrogen in any application; or water in any application (69 FR 11949-
54) from the statutory venting prohibition, because their release is 
adequately addressed by other entities; therefore, their release does 
not pose a threat to the environment under section 608 of Title VI of 
the Clean Air Act. However, EPA did not make such a finding for 
substitutes consisting in part or whole of an HFC or PFC substitute. So 
it remains illegal to knowingly vent substitutes consisting in part or 
whole of an HFC or PFC substitute during the maintenance, service, 
repair, or disposal of appliances (69 FR 11947).
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    \1\ As defined at Sec.  82.152, Substitute means any chemical or 
product, whether existing or new, that is used by any person as an 
EPA approved replacement for a class I or II ozone-depleting 
substance in a given refrigeration or air-conditioning end-use.
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    In accordance with section 608(c)(2) of Title VI of the Clean Air 
Act (as amended in 1990), de minimis releases associated with good 
faith attempts to recapture and recycle or safely dispose of such 
substitutes shall not be subject to the prohibition. EPA has not 
promulgated regulations mandating certification of refrigerant 
recycling/recovery equipment intended for use with substitutes; 
therefore, EPA is not including a regulatory provision for the 
mandatory use of certified recovery/recycling equipment as an option 
for determining de minimis releases of substitutes. However, the lack 
of a regulatory provision should not be interpreted as an exemption to 
the venting prohibition for non-exempted substitutes. The regulatory 
prohibition at Sec.  82.154(a) reflects the statutory reference to de 
minimis releases of substitutes as they pertain to good faith attempts 
to recapture and recycle or safely dispose of such substitutes.
    In order to emphasize that the knowingly venting of HFC and PFC 
substitutes remains illegal during the maintenance, service, repair, 
and disposal of appliances and to make certain that the de minimis 
exemption for refrigerants remains in the regulatory prohibition, Sec.  
82.154(a) is amended to reflect the venting prohibition of section 
608(c)(2) of the Act. Therefore, the amended definition of refrigerant 
means that refrigerant releases shall be considered de minimis only if 
they occur when: (1) The required practices set forth in Sec.  82.156 
are observed, recovery or recycling machines that meet the requirements 
set forth in Sec.  82.158 are used, and the technician certification 
provisions set forth in Sec.  82.161 are observed; or (2) the 
requirements set forth for the service of motor vehicle air-
conditioners (MVACs) in subpart B (i.e., section 609) of this part are 
observed. EPA is also specifying, in the regulatory prohibition at 
Sec.  82.154(a), the substitutes that have been exempted from the 
statutory venting prohibition. EPA has made this edit in order to 
clarify which substitutes are exempt from the venting prohibition. 
Hence, EPA is amending the prohibition at Sec.  82.154(a) to read: (a) 
Effective June 13, 2005, no person maintaining, servicing, repairing, 
or disposing of appliances may knowingly vent or otherwise release into 
the environment any refrigerant or substitute from such appliances, 
with the exception of the following substitutes in the following end-
uses:
    (1) Ammonia in commercial or industrial process refrigeration or in 
absorption units;
    (2) Hydrocarbons in industrial process refrigeration (processing of 
hydrocarbons);
    (3) Chlorine in industrial process refrigeration (processing of 
chlorine and chlorine compounds);
    (4) Carbon dioxide in any application;
    (5) Nitrogen in any application; or
    (6) Water in any application.

The knowing release of a refrigerant or non-exempt substitute 
subsequent to its recovery from an appliance shall be considered a 
violation of this prohibition. De minimis releases associated with good 
faith attempts to recycle or recover refrigerants or non-exempt 
substitutes are not subject to this prohibition. Refrigerant releases 
shall be considered de minimis only if they occur when: (1) The 
required practices set forth in Sec.  82.156 are observed, recovery or 
recycling machines that meet the requirements set forth in Sec.  82.158 
are used, and the technician certification provisions set forth in 
Sec.  82.161 are observed; or (2) The requirements set forth in subpart 
B of this part are observed.

C. Correction to the Definition of Technician

    In 1994, EPA finalized the definition of technician at Sec.  82.152 
to read: 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. 
* * * (59 FR 55912 (November 9, 1994)). On June 11, 1998 (63 FR 32089), 
EPA proposed an amendment to the definition of technician to include 
persons who perform maintenance, service, repair, or

[[Page 19276]]

disposal that could be reasonably expected to release class I 
substances, class II substances, or substitutes from appliances into 
the atmosphere (63 FR 32059). The intent of proposed amendment to the 
definition was to require section 608 technician certification for 
persons maintaining, repairing, servicing, or disposing of appliances 
containing non-exempt substitutes; however, EPA did not intend to 
remove the phrase except for MVACs from the definition of technician.
    A petition for review challenging the March 12, 2004 final rule 
stated that the amended definition of technician could be 
misinterpreted to mean that technicians servicing and maintaining MVACs 
must also have section 608 technician certification. In the course of 
finalizing the March 12, 2004 rulemaking (69 FR 11979), EPA 
inadvertently removed the text except for MVACs from the definition of 
technician, at Sec.  82.152. Since EPA did not intend for the amended 
definition of technician to include persons servicing or repairing 
MVACs, the Agency is reverting to the original definition.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, (58 FR 51,735 (October 4, 1993)) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to the Office of Management and Budget (OMB) 
review and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may: (1) Have an annual effect on the economy of $100 million 
or more or adversely affect in a material way the economy, 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 entitlements, 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 that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to Executive Order 12866 review.

B. Paperwork Reduction Act

    OMB has previously approved the information collection requirements 
contained in the existing regulations at 40 CFR part 82, subpart F 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. and has assigned OMB Control Number 2060-0256, EPA ICR number 
1626.07. A copy of the OMB approved Information Collection Request 
(ICR) may be obtained from Susan Auby, Collection Strategies Division; 
U.S. Environmental Protection Agency (2822T); 1200 Pennsylvania Ave., 
NW., Washington, DC 20460 or by calling (202) 566-1672. This action 
does not impose any new information collection burden beyond the 
already-approved ICR.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information. An agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number. The OMB control numbers for EPA's regulations in 40 CFR 
are listed in 40 CFR part 9.

C. Regulatory Flexibility Analysis

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this direct final rule. For 
purposes of assessing the impacts of today's rule on small entities, 
small entity is defined as: (1) A small business as defined by Small 
Business Administration size standards primarily engaged in the supply 
and sale of motor vehicle air-conditioning refrigerants as defined by 
NAIC codes 42114, 42193, and 441310; (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
EPA has determined that approximately 819 small entities will 
experience an impact ranging from 0.001 percent to 0.163 percent, based 
on their annual sales and revenues.
    Although this final rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this rule on small entities. EPA is 
finalizing this rulemaking to make certain that the regulatory text in 
the March 12, 2004 rulemaking (63 FR 11946) is consistent with the 
intent to not regulate the use or sale of substitutes that do not 
consist of a class I or class II ozone-depleting substance, while 
making certain that the statutory prohibition against knowingly 
releasing such substitutes remains. This rule corrects the definitions 
of refrigerant and technician and makes certain that only substances 
consisting whole or in part of a class I or class II ODS are covered 
under the section 608 refrigerant regulations. Hence any burden 
associated with technician certification or sales of refrigerant 
substitutes not consisting of an ODS is removed.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative

[[Page 19277]]

was not adopted. Before EPA establishes any regulatory requirements 
that may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government Agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any one year. This rule supplements the statutory self-
effectuating prohibition against venting refrigerants by ensuring that 
certain service practices are conducted that reduce emissions and 
establish equipment and reclamation certification requirements. These 
standards are amendments to the recycling standards under section 608 
of the Clean Air Act. Many of these standards involve reporting 
requirements and are not expected to be a high cost issue. Thus, 
today's rule is not subject to the requirements of sections 202 and 205 
of the UMRA.
    For the reasons outlined above, EPA has also determined that this 
rule contains no regulatory requirements that might significantly or 
uniquely affect small governments. Thus, today's rule is not subject to 
the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255 (August 
10, 1999)), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This direct final rule does not have federalism implications. It 
will not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132. The regulations 
promulgated under today's action are done so under Title VI of the Act 
which does not grant delegation rights to the States. Thus, Executive 
Order 13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249 (November 9, 2000)), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This direct final rule does 
not have tribal implications, as specified in Executive Order 13175. 
Today's rule does not significantly or uniquely affect the communities 
of Indian tribal governments. Thus, Executive Order 13175 does not 
apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health & Safety Risks

    Executive Order 13045: Protection of Children from Environmental 
Health & Safety Risks (62 FR 19885 (April 23, 1997)) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This direct final rule is not subject to the Executive Order 
because it does not concern an environmental health or safety risk that 
EPA has reason to believe may have a disproportionate effect on 
children. This rule amends the recycling standards for refrigerants to 
protect the stratosphere from ozone depletion, which in turn protects 
human health and the environment from increased amounts of UV 
radiation.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards. This 
rulemaking does not involve voluntary consensus standards.

J. The Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). It will become effective June 13, 2005.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemicals, Exports, Imports, Reporting and 
recordkeeping requirements.

    Dated: April 7, 2005.
Stephen L. Johnson,
Acting Administrator.

0
Part 82, chapter I, title 40, of the Code of Federal Regulations, is 
amended as follows:

[[Page 19278]]

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

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

Subpart F--[Amended]

0
2. Section 82.152 is amended by revising the definitions of 
``refrigerant'' and ``technician'' to read as follows:


Sec.  82.152  Definitions.

* * * * *
    Refrigerant means, for purposes of this subpart, any substance 
consisting in part or whole of a class I or class II ozone-depleting 
substance that is used for heat transfer purposes and provides a 
cooling effect.
* * * * *
    Technician means any person who performs maintenance, service, or 
repair, that could be reasonably expected to release refrigerants from 
appliances, except for MVACs, into the atmosphere. Technician also 
means any person who performs disposal of appliances, except for small 
appliances, MVACs, and MVAC-like appliances, that could be reasonably 
expected to release refrigerants from the appliances into the 
atmosphere. Performing maintenance, service, repair, or disposal could 
be reasonably expected to release refrigerants only if the activity is 
reasonably expected to violate the integrity of the refrigerant 
circuit. Activities reasonably expected to violate the integrity of the 
refrigerant circuit include activities such as attaching and detaching 
hoses and gauges to and from the appliance to add or remove refrigerant 
or to measure pressure and adding refrigerant to and removing 
refrigerant from the appliance. Activities such as painting the 
appliance, rewiring an external electrical circuit, replacing 
insulation on a length of pipe, or tightening nuts and bolts on the 
appliance are not reasonably expected to violate the integrity of the 
refrigerant circuit. Performing maintenance, service, repair, or 
disposal of appliances that have been evacuated pursuant to Sec.  
82.156 could not be reasonably expected to release refrigerants from 
the appliance unless the maintenance, service, or repair consists of 
adding refrigerant to the appliance. Technician includes but is not 
limited to installers, contractor employees, in-house service 
personnel, and in some cases owners and/or operators.
* * * * *

0
3. Section 82.154 is amended by revising paragraph (a) to read as 
follows:


Sec.  82.154  Prohibitions.

    (a)(1) Effective June 13, 2005, no person maintaining, servicing, 
repairing, or disposing of appliances may knowingly vent or otherwise 
release into the environment any refrigerant or substitute from such 
appliances, with the exception of the following substitutes in the 
following end-uses:
    (i) Ammonia in commercial or industrial process refrigeration or in 
absorption units;
    (ii) Hydrocarbons in industrial process refrigeration (processing 
of hydrocarbons);
    (iii) Chlorine in industrial process refrigeration (processing of 
chlorine and chlorine compounds);
    (iv) Carbon dioxide in any application;
    (v) Nitrogen in any application; or
    (vi) Water in any application.
    (2) The knowing release of a refrigerant or non-exempt substitute 
subsequent to its recovery from an appliance shall be considered a 
violation of this prohibition. De minimis releases associated with good 
faith attempts to recycle or recover refrigerants or non-exempt 
substitutes are not subject to this prohibition. Refrigerant releases 
shall be considered de minimis only if they occur when:
    (i) The required practices set forth in Sec.  82.156 are observed, 
recovery or recycling machines that meet the requirements set forth in 
Sec.  82.158 are used, and the technician certification provisions set 
forth in Sec.  82.161 are observed; or
    (ii) The requirements set forth in subpart B of this part are 
observed.
* * * * *
[FR Doc. 05-7407 Filed 4-12-05; 8:45 am]
BILLING CODE 6560-50-P