section_id,title_number,title_name,chapter,subchapter,part_number,part_name,subpart,subpart_name,section_number,section_heading,agency,authority,source_citation,amendment_citations,full_text 24:24:1.1.1.1.37.0.59.1,24,Housing and Urban Development,,,84,"PART 84—UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS",,,,§ 84.1 Applicability of and cross reference to 2 CFR part 200.,HUD,,,"[79 FR 76078, Dec. 19, 2014]","(a) Federal awards to institutions of higher education, hospitals and other non-profit organizations are subject to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards at 2 CFR part 200. (b) Federal awards made prior to December 26, 2014 will continue to be governed by the regulations in effect and codified in 24 CFR part 84 (2013 edition) or as provided under the terms of the Federal award. Where the terms of a Federal award made prior to December 26, 2014, state that the award will be subject to regulations as may be amended, the Federal award shall be subject to 2 CFR part 200." 33:33:1.0.1.5.39.0.26.1,33,Navigation and Navigable Waters,I,E,84,PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES,,,,§ 84.01 Definitions.,USCG,,,,"(a) The term height above the hull means height above the uppermost continuous deck. This height shall be measured from the position vertically beneath the location of the light. (b) High-speed craft means a craft capable of maximum speed in meters per second (m/s) equal to or exceeding: 3.7▽ 0.1667 ; where ▽ = displacement corresponding to the design waterline (cubic meters). The same formula expressed in pounds and knots is maximum speed in knots (kts) equal to exceeding 1.98 (lbs) 3.7▽ 0.1667 ; where ▽ = displacement corresponding to design waterline in pounds. (c) The term practical cut-off means, for vessels 20 meters or more in length, 12.5 percent of the minimum luminous intensity (Table 84.14(b)) corresponding to the greatest range of visibility for which the requirements of Annex I (33 CFR part 84) are met. (d) The term Rule or Rules has the same meaning as in 33 CFR 83.03(r)." 33:33:1.0.1.5.39.0.26.10,33,Navigation and Navigable Waters,I,E,84,PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES,,,,§ 84.16 Vertical sectors.,USCG,,,,"(a) The vertical sectors of electric lights as fitted, with the exception of lights on sailing vessels underway and on unmanned barges, shall ensure that: (i) At least the required minimum intensity is maintained at all angles from 5 degrees above to 5 degrees below the horizontal; (ii) At least 60 percent of the required minimum intensity is maintained from 7.5 degrees above to 7.5 degrees below the horizontal. (b) In the case of sailing vessels underway, the vertical sectors of electric lights, as fitted, shall ensure that: (i) At least the required minimum intensity is maintained at all angles from 5 degrees above to 5 degrees below the horizontal; (ii) At least 50 percent of the required minimum intensity is maintained from 25 degrees above to 25 degrees below the horizontal. (c) In the case of unmanned barges the minimum required intensity of electric lights as fitted shall be maintained on the horizontal. (d) In the case of lights other than electric lights these specifications shall be met as closely as possible." 33:33:1.0.1.5.39.0.26.11,33,Navigation and Navigable Waters,I,E,84,PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES,,,,§ 84.17 Intensity of non-electric lights.,USCG,,,,"Non-electric lights shall so far as practicable comply with the minimum intensities, as specified in the Table 84.14(b)." 33:33:1.0.1.5.39.0.26.12,33,Navigation and Navigable Waters,I,E,84,PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES,,,,§ 84.18 Maneuvering light.,USCG,,,,"Notwithstanding the provisions of § 84.02(f), the maneuvering light described in Rule 34(b)(§ 83.34(b) of this chapter) shall be placed approximately in the same fore and aft vertical plane as the masthead light or lights and, where practicable, at a minimum height of one-half meter vertically above the forward masthead light, provided that it shall be carried not less than one-half meter vertically above or below the after masthead light. On a vessel where only one masthead light is carried the maneuvering light, if fitted, shall be carried where it can best be seen, not less than one-half meter vertically apart from the masthead light." 33:33:1.0.1.5.39.0.26.13,33,Navigation and Navigable Waters,I,E,84,PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES,,,,§ 84.19 High-speed craft.,USCG,,,,"(a) The masthead light of high-speed craft may be placed at a height related to the breadth of the craft lower than that prescribed in § 84.02(a)(i), provided that the base angle of the isosceles triangle formed by the sidelights and masthead light, when seen in end elevation is not less than 27°. (b) On high-speed craft of 50 meters or more in length, the vertical separation between foremast and mainmast light of 4.5 meters required by § 84.02(k) may be modified provided that such distance shall not be less than the value determined by the following formula: Where: y is the height of the mainmast light above the foremast light in meters; a is the height of the foremast light above the water surface in service condition in meters; Ψ is the trim in service condition in degrees; C is the horizontal separation of masthead lights in meters. Where: y is the height of the mainmast light above the foremast light in meters; a is the height of the foremast light above the water surface in service condition in meters; Ψ is the trim in service condition in degrees; C is the horizontal separation of masthead lights in meters. Refer to the International Code of Safety for High-Speed Craft, 1994 and the International Code of Safety for High-Speed Craft, 2000." 33:33:1.0.1.5.39.0.26.14,33,Navigation and Navigable Waters,I,E,84,PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES,,,,§ 84.20 Approval.,USCG,,,,"The construction of lights and shapes and the installation of lights on board the vessel must satisfy the Commandant, U.S. Coast Guard." 33:33:1.0.1.5.39.0.26.2,33,Navigation and Navigable Waters,I,E,84,PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES,,,,§ 84.02 Vertical positioning and spacing of lights.,USCG,,,"[79 FR 37921, July 2, 2014, as amended by USCG-2012-0102, 79 FR 68622, Nov. 18, 2014; USCG-2015-0433, 80 FR 44280, July 27, 2015]","(a) On a power-driven vessel of 20 meters or more in length the masthead lights shall be placed as follows: (i) The forward masthead light, or if only one masthead light is carried, then that light, at a height above the hull of not less than 5 meters, and, if the breadth of the vessel exceeds 5 meters, then at a height above the hull not less than such breadth, so however that the light need not be placed at a greater height above the hull than 8 meters. (ii) When two masthead lights are carried the after one shall be at least 2 meters vertically higher than the forward one. (b) The vertical separation of the masthead lights of power-driven vessels shall be such that in all normal conditions of trim the after light will be seen over and separate from the forward light at a distance of 1000 meters from the stem when viewed from water level. (c) The masthead light of a power-driven vessel of 12 meters but less than 20 meters in length shall be placed at a height above the gunwale of not less than 2.5 meters. (d) The masthead light, or the all-round light described in Rule 23(d)(§ 83.23(d) of this chapter), of a power-driven vessel of less than 12 meters in length shall be carried at least one meter higher than the sidelights. (e) One of the two or three masthead lights prescribed for a power-driven vessel when engaged in towing or pushing another vessel shall be placed in the same position as either the forward masthead light or the after masthead light, provided that the lowest after masthead light shall be at least 2 meters vertically higher than the highest forward masthead light. (f)(i) The masthead light or lights prescribed in Rule 23(a) (§ 83.23(a) of this chapter) shall be so placed as to be above and clear of all other lights and obstructions except as described in paragraph (f)(ii) of this section. (ii) When it is impracticable to carry the all-round lights prescribed in Rule 27(b)(i)(§ 83.27(b)(i) of this chapter) below the masthead lights, they may be carried above the after masthead light(s) or vertically in between the forward masthead light(s) and after masthead light(s), provided that in the latter case the requirement of § 84.03(c) shall be complied with. (g) The sidelights of a power-driven vessel shall be placed at least one meter lower than the forward masthead light. They shall not be so low as to be interfered with by deck lights. (h) [Reserved] (i) When the Rules in this subchapter E prescribe two or three lights to be carried in a vertical line, they shall be spaced as follows: (i) On a vessel of 20 meters in length or more such lights shall be spaced not less than 1 meter apart, and the lowest of these lights shall, except where a towing light is required, be placed at a height of not less than 4 meters above the hull. (ii) On a vessel of less than 20 meters in length such lights shall be spaced not less than 1 meter apart and the lowest of these lights shall, except where a towing light is required, be placed at a height of not less than 2 meters above the gunwale. (iii) When three lights are carried they shall be equally spaced. (j) The lower of the two all-round lights prescribed for a vessel when engaged in fishing shall be at a height above the sidelights not less than twice the distance between the two vertical lights. (k) The forward anchor light prescribed in Rule 30(a)(i) (§ 83.30(a)(i)), when two are carried, shall not be less than 4.5 meters above the after one. On a vessel of 50 meters or more in length this forward anchor light shall be placed at a height or not less than 6 meters above the hull." 33:33:1.0.1.5.39.0.26.3,33,Navigation and Navigable Waters,I,E,84,PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES,,,,§ 84.03 Horizontal positioning and spacing of lights.,USCG,,,,"(a) Except as specified in paragraph (e) of this section, when two masthead lights are prescribed for a power-driven vessel, the horizontal distance between them must not be less than one quarter of the length of the vessel but need not be more than 50 meters. The forward light must be placed not more than one half of the length of the vessel from the stem. (b) On a power-driven vessel of 20 meters or more in length the sidelights shall not be placed in front of the forward masthead lights. They shall be placed at or near the side of the vessel. (c) When the lights prescribed in Rule 27(b)(i) (§ 83.27(b)(i) of this chapter) are placed vertically between the forward masthead light(s) and the after masthead light(s), these all-round lights shall be placed at a horizontal distance of not less than 2 meters from the fore and aft centerline of the vessel in the athwartship direction. (d) When only one masthead light is prescribed for a power-driven vessel, this light must be exhibited forward of amidships. For a vessel of less than 20 meters in length, the vessel shall exhibit one masthead light as far forward as is practicable. (e) On power-driven vessels 50 meters but less than 60 meters in length operated on the Western Rivers, and those waters specified in § 89.25 of this chapter, the horizontal distance between masthead lights shall not be less than 10 meters." 33:33:1.0.1.5.39.0.26.4,33,Navigation and Navigable Waters,I,E,84,PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES,,,,"§ 84.04 Details of location of direction-indicating lights for fishing vessels, dredgers and vessels engaged in underwater operations.",USCG,,,,"(a) The light indicating the direction of the outlying gear from a vessel engaged in fishing as prescribed in Rule 26(c)(ii) (§ 83.26(c)(ii) of this chapter) shall be placed at a horizontal distance of not less than 2 meters and not more than 6 meters away from the two all-round red and white lights. This light shall be placed not higher than the all-round white light prescribed in Rule 26(c)(i)(§ 83.26(c)(i) of this chapter) and not lower than the sidelights. (b) The lights and shapes on a vessel engaged in dredging or underwater operations to indicate the obstructed side and/or the side on which it is safe to pass, as prescribed in Rule 27(d)(i) and (ii)(§ 83.27(d)(i) and (ii) of this chapter), shall be placed at the maximum practical horizontal distance, but in no case less than 2 meters, from the lights or shapes prescribed in Rule 27(b)(i) and (ii)(§ 83.27(b)(i)and (ii) of this chapter). In no case shall the upper of these lights or shapes be at a greater height than the lower of the three lights or shapes prescribed in Rule 27(b)(i) and (ii) (§ 83.27(b)(i) and (ii) of this chapter)." 33:33:1.0.1.5.39.0.26.5,33,Navigation and Navigable Waters,I,E,84,PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES,,,,§ 84.05 Screens.,USCG,,,,"(a) The sidelights of vessels of 20 meters or more in length shall be fitted with matt black inboard screens and meet the requirements of § 84.15. On vessels of less than 20 meters in length, the sidelights, if necessary to meet the requirements of § 84.15, shall be fitted with matt black inboard screens. With a combined lantern, using a single vertical filament and a very narrow division between the green and red sections, external screens need not be fitted. (b) On power-driven vessels less than 12 meters in length constructed after July 31, 1983, the masthead light, or the all-round light described in Rule 23(d)(§ 83.23(d) of this chapter) shall be screened to prevent direct illumination of the vessel forward of the operator's position." 33:33:1.0.1.5.39.0.26.6,33,Navigation and Navigable Waters,I,E,84,PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES,,,,§ 84.06 Shapes.,USCG,,,,"(a) Shapes shall be black and of the following sizes: (i) A ball shall have a diameter of not less than 0.6 meter. (ii) A cone shall have a base diameter of not less than 0.6 meters and a height equal to its diameter. (iii) A diamond shape shall consist of two cones (as defined in paragraph (a)(ii) of this section) having a common base. (b) The vertical distance between shapes shall be at least 1.5 meters. (c) In a vessel of less than 20 meters in length shapes of lesser dimensions but commensurate with the size of the vessel may be used and the distance apart may be correspondingly reduced." 33:33:1.0.1.5.39.0.26.7,33,Navigation and Navigable Waters,I,E,84,PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES,,,,§ 84.13 Color specification of lights.,USCG,,,,"(a) The chromaticity of all navigation lights shall conform to the following standards, which lie within the boundaries of the area of the diagram specified for each color by the International Commission on Illumination (CIE), in the “Colors of Light Signals”, which is incorporated by reference. It is Publication CIE No. 2.2. (TC-1.6), 1975, and is available from the Illumination Engineering Society, 345 East 47th Street, New York, NY 10017 and is available for inspection at the Coast Guard, Shore Infrastructure Logistics Center, Aids to Navigation and Marine Environmental Response Product Line (CG-SILC-ATON/MER), 2703 Martin Luther King, Jr. Ave, Mailstop 7714, Washington, DC 20593-7714. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. This incorporation by reference was approved by the Director of the Federal Register. (b) The boundaries of the area for each color are given by indicating the corner co-ordinates, which are as follows: (i) White: x 0.525 0.525 0.452 0.310 0.310 0.443 y 0.382 0.440 0.440 0.348 0.283 0.382 x 0.525 0.525 0.452 0.310 0.310 0.443 y 0.382 0.440 0.440 0.348 0.283 0.382 (ii) Green: x 0.028 0.009 0.300 0.203 y 0.385 0.723 0.511 0.356 x 0.028 0.009 0.300 0.203 y 0.385 0.723 0.511 0.356 (iii) Red: x 0.680 0.660 0.735 0.721 y 0.320 0.320 0.265 0.259 x 0.680 0.660 0.735 0.721 y 0.320 0.320 0.265 0.259 (iv) Yellow: x 0.612 0.618 0.575 0.575 y 0.382 0.382 0.425 0.406 x 0.612 0.618 0.575 0.575 y 0.382 0.382 0.425 0.406" 33:33:1.0.1.5.39.0.26.8,33,Navigation and Navigable Waters,I,E,84,PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES,,,,§ 84.14 Intensity of lights.,USCG,,,,"(a) The minimum luminous intensity of lights shall be calculated by using the formula: I = 3.43 × 10 6 × T × D 2 × K −D Where: I is luminous intensity in candelas under service conditions, T is threshold factor 2 × 10 −7 lux, D is range of visibility (luminous range) of the light in nautical miles, K is atmospheric transmissivity. For prescribed lights the value of K shall be 0.8, corresponding to a meteorological visibility of approximately 13 nautical miles. Where: I is luminous intensity in candelas under service conditions, T is threshold factor 2 × 10 −7 lux, D is range of visibility (luminous range) of the light in nautical miles, K is atmospheric transmissivity. For prescribed lights the value of K shall be 0.8, corresponding to a meteorological visibility of approximately 13 nautical miles. (b) A selection of figures derived from the formula is given in the following table (Table 84.14(b)): Table 84.14( b )" 33:33:1.0.1.5.39.0.26.9,33,Navigation and Navigable Waters,I,E,84,PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES,,,,§ 84.15 Horizontal sectors.,USCG,,,"[79 FR 37921, July 2, 2014, as amended by USCG-2016-0498, 82 FR 35080, July 28, 2017]","(a)(i) In the forward direction, sidelights as fitted on the vessel shall show the minimum required intensities. The intensities shall decrease to reach practical cut-off between 1 and 3 degrees outside the prescribed sectors. (ii) For sternlights and masthead lights and at 22.5 degrees abaft the beam for sidelights, the minimum required intensities shall be maintained over the arc of the horizon up to 5 degrees within the limits of the sectors prescribed in Rule 21 (§ 83.21 of this chapter). From 5 degrees within the prescribed sectors the intensity may decrease by 50 percent up to the prescribed limits; it shall decrease steadily to reach practical cut-off at not more than 5 degrees outside the prescribed sectors. (b)(i) All-round lights shall be so located as not to be obscured by masts, topmasts or structures within angular sectors of more than 6 degrees, except anchor lights prescribed in Rule 30 (§ 83.30 of this chapter), which need not be placed at an impracticable height above the hull, and the all-round white light described in Rule 23(e) (§ 83.23(e) of this chapter), which may not be obscured at all. (ii) If it is impracticable to comply with paragraph (b)(i) of this section by exhibiting only one all-round light, two all-round lights shall be used suitably positioned or screened to appear, as far as practicable, as one light at a minimum distance of one nautical mile. Two unscreened all-round lights that are 1.28 meters apart or less will appear as one light to the naked eye at a distance of one nautical mile." 34:34:1.1.1.1.28.1.113.1,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),A,Subpart A—Purpose and Coverage,,§ 84.100 What does this part do?,ED,,,,"This part carries out the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) that applies to grants. It also applies the provisions of the Act to cooperative agreements and other financial assistance awards, as a matter of Federal Government policy." 34:34:1.1.1.1.28.1.113.2,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),A,Subpart A—Purpose and Coverage,,§ 84.105 Does this part apply to me?,ED,,,,"(a) Portions of this part apply to you if you are either— (1) A recipient of an assistance award from the Department of Education; or (2) A(n) ED awarding official. (See definitions of award and recipient in §§ 84.605 and 84.660, respectively.) (b) The following table shows the subparts that apply to you:" 34:34:1.1.1.1.28.1.113.3,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),A,Subpart A—Purpose and Coverage,,§ 84.110 Are any of my Federal assistance awards exempt from this part?,ED,,,,This part does not apply to any award that the ED Deciding Official determines that the application of this part would be inconsistent with the international obligations of the United States or the laws or regulations of a foreign government. 34:34:1.1.1.1.28.1.113.4,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),A,Subpart A—Purpose and Coverage,,§ 84.115 Does this part affect the Federal contracts that I receive?,ED,,,,"It will affect future contract awards indirectly if you are debarred or suspended for a violation of the requirements of this part, as described in § 84.510(c). However, this part does not apply directly to procurement contracts. The portion of the Drug-Free Workplace Act of 1988 that applies to Federal procurement contracts is carried out through the Federal Acquisition Regulation in chapter 1 of Title 48 of the Code of Federal Regulations (the drug-free workplace coverage currently is in 48 CFR part 23, subpart 23.5)." 34:34:1.1.1.1.28.2.113.1,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),B,Subpart B—Requirements for Recipients Other Than Individuals,,§ 84.200 What must I do to comply with this part?,ED,,,,"There are two general requirements if you are a recipient other than an individual. (a) First, you must make a good faith effort, on a continuing basis, to maintain a drug-free workplace. You must agree to do so as a condition for receiving any award covered by this part. The specific measures that you must take in this regard are described in more detail in subsequent sections of this subpart. Briefly, those measures are to— (1) Publish a drug-free workplace statement and establish a drug-free awareness program for your employees (see §§ 84.205 through 84.220); and (2) Take actions concerning employees who are convicted of violating drug statutes in the workplace (see § 84.225). (b) Second, you must identify all known workplaces under your Federal awards (see § 84.230)." 34:34:1.1.1.1.28.2.113.2,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),B,Subpart B—Requirements for Recipients Other Than Individuals,,§ 84.205 What must I include in my drug-free workplace statement?,ED,,,,"You must publish a statement that— (a) Tells your employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in your workplace; (b) Specifies the actions that you will take against employees for violating that prohibition; and (c) Lets each employee know that, as a condition of employment under any award, he or she: (1) Will abide by the terms of the statement; and (2) Must notify you in writing if he or she is convicted for a violation of a criminal drug statute occurring in the workplace and must do so no more than five calendar days after the conviction." 34:34:1.1.1.1.28.2.113.3,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),B,Subpart B—Requirements for Recipients Other Than Individuals,,§ 84.210 To whom must I distribute my drug-free workplace statement?,ED,,,,You must require that a copy of the statement described in § 84.205 be given to each employee who will be engaged in the performance of any Federal award. 34:34:1.1.1.1.28.2.113.4,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),B,Subpart B—Requirements for Recipients Other Than Individuals,,§ 84.215 What must I include in my drug-free awareness program?,ED,,,,"You must establish an ongoing drug-free awareness program to inform employees about— (a) The dangers of drug abuse in the workplace; (b) Your policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that you may impose upon them for drug abuse violations occurring in the workplace." 34:34:1.1.1.1.28.2.113.5,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),B,Subpart B—Requirements for Recipients Other Than Individuals,,§ 84.220 By when must I publish my drug-free workplace statement and establish my drug-free awareness program?,ED,,,,"If you are a new recipient that does not already have a policy statement as described in § 84.205 and an ongoing awareness program as described in § 84.215, you must publish the statement and establish the program by the time given in the following table:" 34:34:1.1.1.1.28.2.113.6,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),B,Subpart B—Requirements for Recipients Other Than Individuals,,§ 84.225 What actions must I take concerning employees who are convicted of drug violations in the workplace?,ED,,,,"There are two actions you must take if an employee is convicted of a drug violation in the workplace: (a) First, you must notify Federal agencies if an employee who is engaged in the performance of an award informs you about a conviction, as required by § 84.205(c)(2), or you otherwise learn of the conviction. Your notification to the Federal agencies must— (1) Be in writing; (2) Include the employee's position title; (3) Include the identification number(s) of each affected award; (4) Be sent within ten calendar days after you learn of the conviction; and (5) Be sent to every Federal agency on whose award the convicted employee was working. It must be sent to every awarding official or his or her official designee, unless the Federal agency has specified a central point for the receipt of the notices. (b) Second, within 30 calendar days of learning about an employee's conviction, you must either— (1) Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended; or (2) Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency." 34:34:1.1.1.1.28.2.113.7,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),B,Subpart B—Requirements for Recipients Other Than Individuals,,§ 84.230 How and when must I identify workplaces?,ED,,,,"(a) You must identify all known workplaces under each ED award. A failure to do so is a violation of your drug-free workplace requirements. You may identify the workplaces— (1) To the ED official that is making the award, either at the time of application or upon award; or (2) In documents that you keep on file in your offices during the performance of the award, in which case you must make the information available for inspection upon request by ED officials or their designated representatives. (b) Your workplace identification for an award must include the actual address of buildings (or parts of buildings) or other sites where work under the award takes place. Categorical descriptions may be used ( e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). (c) If you identified workplaces to the ED awarding official at the time of application or award, as described in paragraph (a)(1) of this section, and any workplace that you identified changes during the performance of the award, you must inform the ED awarding official." 34:34:1.1.1.1.28.3.113.1,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),C,Subpart C—Requirements for Recipients Who Are Individuals,,§ 84.300 What must I do to comply with this part if I am an individual recipient?,ED,,,,"As a condition of receiving a(n) ED award, if you are an individual recipient, you must agree that— (a) You will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity related to the award; and (b) If you are convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity, you will report the conviction: (1) In writing. (2) Within 10 calendar days of the conviction. (3) To the ED awarding official or other designee for each award that you currently have, unless § 84.301 or the award document designates a central point for the receipt of the notices. When notice is made to a central point, it must include the identification number(s) of each affected award." 34:34:1.1.1.1.28.3.113.2,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),C,Subpart C—Requirements for Recipients Who Are Individuals,,§ 84.301 [Reserved],ED,,,, 34:34:1.1.1.1.28.4.113.1,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),D,Subpart D—Responsibilities of ED Awarding Officials,,§ 84.400 What are my responsibilities as a(n) ED awarding official?,ED,,,,"As a(n) ED awarding official, you must obtain each recipient's agreement, as a condition of the award, to comply with the requirements in— (a) Subpart B of this part, if the recipient is not an individual; or (b) Subpart C of this part, if the recipient is an individual." 34:34:1.1.1.1.28.5.113.1,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),E,Subpart E—Violations of this Part and Consequences,,§ 84.500 How are violations of this part determined for recipients other than individuals?,ED,,,,"A recipient other than an individual is in violation of the requirements of this part if the ED Deciding Official determines, in writing, that— (a) The recipient has violated the requirements of subpart B of this part; or (b) The number of convictions of the recipient's employees for violating criminal drug statutes in the workplace is large enough to indicate that the recipient has failed to make a good faith effort to provide a drug-free workplace." 34:34:1.1.1.1.28.5.113.2,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),E,Subpart E—Violations of this Part and Consequences,,§ 84.505 How are violations of this part determined for recipients who are individuals?,ED,,,,"An individual recipient is in violation of the requirements of this part if the ED Deciding Official determines, in writing, that— (a) The recipient has violated the requirements of subpart C of this part; or (b) The recipient is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity." 34:34:1.1.1.1.28.5.113.3,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),E,Subpart E—Violations of this Part and Consequences,,§ 84.510 What actions will the Federal Government take against a recipient determined to have violated this part?,ED,,,,"If a recipient is determined to have violated this part, as described in § 84.500 or § 84.505, the Department of Education may take one or more of the following actions— (a) Suspension of payments under the award; (b) Suspension or termination of the award; and (c) Suspension or debarment of the recipient under 34 CFR Part 85, for a period not to exceed five years." 34:34:1.1.1.1.28.5.113.4,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),E,Subpart E—Violations of this Part and Consequences,,§ 84.515 Are there any exceptions to those actions?,ED,,,,"The ED Deciding Official may waive with respect to a particular award, in writing, a suspension of payments under an award, suspension or termination of an award, or suspension or debarment of a recipient if the ED Deciding Official determines that such a waiver would be in the public interest. This exception authority cannot be delegated to any other official." 34:34:1.1.1.1.28.6.113.1,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),F,Subpart F—Definitions,,§ 84.605 Award.,ED,,,,"Award means an award of financial assistance by the Department of Education or other Federal agency directly to a recipient. (a) The term award includes: (1) A Federal grant or cooperative agreement, in the form of money or property in lieu of money. (2) A block grant or a grant in an entitlement program, whether or not the grant is exempted from coverage under the Governmentwide rule 34 CFR Part 85 that implements OMB Circular A-102 (for availability, see 5 CFR 1310.3) and specifies uniform administrative requirements. (b) The term award does not include: (1) Technical assistance that provides services instead of money. (2) Loans. (3) Loan guarantees. (4) Interest subsidies. (5) Insurance. (6) Direct appropriations. (7) Veterans' benefits to individuals ( i.e., any benefit to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Forces of the United States)." 34:34:1.1.1.1.28.6.113.10,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),F,Subpart F—Definitions,,§ 84.650 Grant.,ED,,,,"Grant means an award of financial assistance that, consistent with 31 U.S.C. 6304, is used to enter into a relationship— (a) The principal purpose of which is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, rather than to acquire property or services for the Federal Government's direct benefit or use; and (b) In which substantial involvement is not expected between the Federal agency and the recipient when carrying out the activity contemplated by the award." 34:34:1.1.1.1.28.6.113.11,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),F,Subpart F—Definitions,,§ 84.655 Individual.,ED,,,,Individual means a natural person. 34:34:1.1.1.1.28.6.113.12,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),F,Subpart F—Definitions,,§ 84.660 Recipient.,ED,,,,"Recipient means any individual, corporation, partnership, association, unit of government (except a Federal agency) or legal entity, however organized, that receives an award directly from a Federal agency." 34:34:1.1.1.1.28.6.113.13,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),F,Subpart F—Definitions,,§ 84.665 State.,ED,,,,"State means any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States." 34:34:1.1.1.1.28.6.113.14,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),F,Subpart F—Definitions,,§ 84.670 Suspension.,ED,,,,"Suspension means an action taken by a Federal agency that immediately prohibits a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions for a temporary period, pending completion of an investigation and any judicial or administrative proceedings that may ensue. A recipient so prohibited is suspended, in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and the common rule, Government-wide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689. Suspension of a recipient is a distinct and separate action from suspension of an award or suspension of payments under an award." 34:34:1.1.1.1.28.6.113.2,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),F,Subpart F—Definitions,,§ 84.610 Controlled substance.,ED,,,,"Controlled substance means a controlled substance in schedules I through V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation at 21 CFR 1308.11 through 1308.15." 34:34:1.1.1.1.28.6.113.3,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),F,Subpart F—Definitions,,§ 84.615 Conviction.,ED,,,,"Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes." 34:34:1.1.1.1.28.6.113.4,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),F,Subpart F—Definitions,,§ 84.620 Cooperative agreement.,ED,,,,"Cooperative agreement means an award of financial assistance that, consistent with 31 U.S.C. 6305, is used to enter into the same kind of relationship as a grant (see definition of grant in § 84.650), except that substantial involvement is expected between the Federal agency and the recipient when carrying out the activity contemplated by the award. The term does not include cooperative research and development agreements as defined in 15 U.S.C. 3710a." 34:34:1.1.1.1.28.6.113.5,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),F,Subpart F—Definitions,,§ 84.625 Criminal drug statute.,ED,,,,"Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance." 34:34:1.1.1.1.28.6.113.6,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),F,Subpart F—Definitions,,§ 84.630 Debarment.,ED,,,,"Debarment means an action taken by a Federal agency to prohibit a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions. A recipient so prohibited is debarred, in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and the common rule, Government-wide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689." 34:34:1.1.1.1.28.6.113.7,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),F,Subpart F—Definitions,,§ 84.635 Drug-free workplace.,ED,,,,"Drug-free workplace means a site for the performance of work done in connection with a specific award at which employees of the recipient are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance." 34:34:1.1.1.1.28.6.113.8,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),F,Subpart F—Definitions,,§ 84.640 Employee.,ED,,,,"(a) Employee means the employee of a recipient directly engaged in the performance of work under the award, including— (1) All direct charge employees; (2) All indirect charge employees, unless their impact or involvement in the performance of work under the award is insignificant to the performance of the award; and (3) Temporary personnel and consultants who are directly engaged in the performance of work under the award and who are on the recipient's payroll. (b) This definition does not include workers not on the payroll of the recipient ( e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the payroll; or employees of subrecipients or subcontractors in covered workplaces)." 34:34:1.1.1.1.28.6.113.9,34,Education,,,84,PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE),F,Subpart F—Definitions,,§ 84.645 Federal agency or agency.,ED,,,,"Federal agency or agency means any United States executive department, military department, government corporation, government controlled corporation, any other establishment in the executive branch (including the Executive Office of the President), or any independent regulatory agency." 40:40:21.0.1.1.3.1.1.1,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.1 Purpose and scope.,EPA,,,"[86 FR 55206, Oct. 5, 2021]","(a) The purpose of the regulations in this subpart is to implement certain provisions of the American Innovation and Manufacturing Act of 2020 (AIM Act), enacted as part of Public Law 116-260. In particular, the AIM Act imposes limits on the production and consumption of certain regulated substances, according to a specified schedule, which are addressed by this subpart. (b) This subpart applies to any person that produces, transforms, destroys, imports, exports, sells or distributes, offers for sale or distribution, recycles for fire suppression, or reclaims a regulated substance and to end users in the six applications listed in subsection (e)(4)(B)(iv) of the AIM Act." 40:40:21.0.1.1.3.1.1.10,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.17 Availability of additional consumption allowances.,EPA,,,"[86 FR 55208, Oct. 5, 2021, as amended at 88 FR 46896, July 20, 2023; 90 FR 41723, Aug. 26, 2025]","A person may obtain at any time during the year, in accordance with the provisions of this section, consumption allowances equivalent to the quantity of regulated substances that the person exported from the United States and its territories to a foreign country in accordance with this section, except for the export of regulated substances produced with a production for export allowance. (a) The exporter must submit to the relevant Agency official a request for consumption allowances setting forth the following: (1) The identities and addresses of the exporter and the recipient of the exports; (2) The exporter's Employer Identification Number; (3) The names, telephone numbers, and email addresses of contact persons for the exporter and the recipient; (4) The quantity (in kilograms) and name of the regulated substances exported; (5) The source of the regulated substances and whether the date purchased was before or after January 1, 2022; (6) The date on which, and the port from which, the regulated substances were exported from the United States or its territories; (7) The country to which the regulated substances were exported; (8) A copy of the bill of lading and the invoice indicating the net quantity (in kilograms) of regulated substances shipped and documenting the sale of the regulated substances to the purchaser; (9) The Harmonized Tariff Schedule codes of the regulated substances exported; (10) Internal Transaction Numbers for all shipments; and (11) All international export declaration documentation ( i.e., electronic export information), which is electronically filed within AES. (b) The relevant Agency official will review the information and documentation submitted under paragraph (a) of this section and will issue a notice to the requestor within 15 working days. (1) The relevant Agency official will determine the quantity of regulated substances that the documentation verifies was exported and issue consumption allowances equivalent to the quantity of regulated substances that were exported. (i) The grant of the consumption allowances will be effective on the date the notice is issued. (ii) The consumption allowances will be granted to the person the exporter indicates, whether it is the producer, the importer, or the exporter. (iii) The consumption allowances will be valid until December 31 of the same calendar year in which the regulated substances were exported. (2) The relevant Agency official will issue a notice that the consumption allowances are not granted if the official determines that the information and documentation do not satisfactorily substantiate the exporter's claims." 40:40:21.0.1.1.3.1.1.11,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.18 Authorization of production for export allowances.,EPA,,,"[90 FR 41723, Aug. 26, 2025]","(a) EPA will allocate 3,000.0 MTEVe of production for export allowances to Iofina Chemical by October 1 of the calendar year prior to the year in which the allowances may be used for calendar years 2026, 2027, 2028, 2029, and 2030. (b) Production for export allowances cannot be transferred. (c) Any regulated substances produced with production for export allowances must be exported in the same calendar year it was produced." 40:40:21.0.1.1.3.1.1.12,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.19 Transfers of allowances.,EPA,,,"[86 FR 55208, Oct. 5, 2021, as amended at 88 FR 46896, July 20, 2023]","(a) Inter-company transfers. As of January 1, 2022, a person (“transferor”) may transfer to any other person (“transferee”) any quantity of the transferor's production allowances, consumption allowances, or application-specific allowances for use by the same type of application, as long as the following conditions are met: (1) An offset equal to five percent of the amount of allowances transferred will be deducted from the transferor's production allowance balance if a transfer is made of production allowances, or deducted from the transferor's consumption allowance balance if a transfer is made of consumption allowances. In the case of transferring application-specific allowances, one percent of the amount of allowances transferred will be deducted from the transferor's application-specific allowance balance. (2) The transferor must submit to the relevant Agency official a transfer claim setting forth the following: (i) The identities and addresses of the transferor and the transferee; (ii) The names, telephone numbers, and email addresses of contact persons for the transferor and the transferee; (iii) The type of allowances being transferred, including the specific application (if applicable), for which allowances are to be transferred; (iv) The quantity (in MTEVe) of allowances being transferred; (v) The total cost of the allowances transferred; (vi) The amount of unexpended allowances of the type and for the year being transferred that the transferor holds under authority of this subpart as of the date the claim is submitted to EPA; (vii) The quantity of the offset to be deducted from the transferor's allowance balance; and (viii) For transfers of application-specific allowances, a signed document from the transferee certifying that the transferee will use the application-specific allowances only for the same application for which the application-specific allowance was allocated. (3) The relevant Agency official will determine whether the records maintained by EPA indicate that the transferor possesses unexpended allowances sufficient to cover the transfer claim as of the date the transfer claim is processed. The transfer claim is the quantity in EVe to be transferred plus the quantity of the offset. The relevant Agency official will take into account any previous transfers, any production, and allowable imports and exports of regulated substances reported by the transferor. Within three working days of receiving a complete transfer claim, the relevant Agency official will take action to notify the transferor and transferee as follows: (i) The relevant Agency official will issue a non-objection notice to both the transferor and transferee indicating if EPA's records show that the transferor has sufficient unexpended allowances to cover the transfer claim. In the case of transfers of production allowances or consumption allowances, the relevant agency official will reduce the transferor's balance of unexpended allowances by the quantity to be transferred plus five percent of that quantity. In the case of transfers of application-specific allowances the relevant agency official will reduce the transferor's balance of unexpended allowances by the quantity to be transferred plus one percent of that quantity. The transferor and the transferee may proceed with the transfer when the relevant agency official issues a non-objection notice. However, if EPA ultimately finds that the transferor did not have sufficient unexpended allowances to cover the claim, the transferor and transferee will be liable for any violations of the regulations of this subpart that occur as a result of, or in conjunction with, the improper transfer. (ii) The relevant Agency official will issue an objection notice disallowing the transfer if EPA's records show that the transferor has insufficient unexpended allowances to cover the transfer claim, that the transferor has failed to respond to one or more Agency requests to supply information needed to make a determination, or that the transferor or transferee has been notified of an impending administrative consequence and therefore is disallowed from transferring allowances in accordance with § 84.35. Either transferor or transferee may file a notice of appeal, with supporting reasons, with the relevant Agency official within 10 working days after receipt of the objection notice. The official may affirm or vacate the disallowance. If no appeal is filed electronically by the tenth working day after notification, the disallowance shall be final on that day. (4) The transferer and transferee must maintain a copy of the transfer claim and a copy of EPA's non-objection or objection notice for five years. (5) An entity does not need to follow the procedures in this paragraph (a) to expend allowances possessed by another entity that is majority owned by it, it majority owns, related to it through majority ownership, or commonly owned with it. (b) International transfers of production allowances —(1) Requests. A person may request to increase or decrease their production allowances for a specified control period through transfers of such allowances with a person in a foreign country if the applicable conditions in this paragraph are met. Once transferred, all allowances transferred consistent with this paragraph will function as a production allowance, as defined in § 84.3. (i) Timing of requests. Any request for an increase or decrease in production allowances based on an international transfer under this paragraph must be submitted by October 1 of the year prior to the calendar year in which the transferred allowances would be usable. (ii) Timing of the transfer. International transfers under this paragraph will be deemed to occur, and the transferred allowances will be usable, as of January 1 of the calendar year to which the transfer applies. (2) Transfer from a person in a foreign country—information requirements. (i) A person requesting to change their production allowances based on a transfer from a person in a foreign country must submit to the relevant Agency official at the time the international transfer is requested a signed document from an official representative in that country's embassy in the United States stating that the appropriate authority within that country has revised the domestic production limits for that country equal to the lowest of the following three production quantities and identifying which of the following three production quantities was lowest: (A) The maximum production level permitted in § 84.7(b) in the year of the international transfer minus the quantity of production allowances (in exchange value-weighted kilograms) to be transferred; (B) The maximum production level for the applicable regulated substances that are allowed under applicable law (including the foreign country's applicable domestic law) minus the quantity of production allowances (in exchange value-weighted kilograms) to be transferred; or (C) The average of the foreign country's actual national production level of the applicable regulated substances for the three calendar years prior to the year of the transfer minus the quantity of production allowances (in exchange value-weighted kilograms) to be transferred. (ii) A person requesting a revision based on a transfer from a foreign country (“transferee”) must also submit to the relevant Agency official a true copy of the document that sets forth the following: (A) The identity and address of the transferee; (B) The foreign country authorizing the transfer; (C) The names, telephone numbers, and email addresses of contact persons for the transferee and for the person in the foreign country; (D) The name of the chemical and quantity (in kilograms) of production being transferred; (E) Documentation that the foreign country possesses the necessary quantity of unexpended production rights; (F) The calendar year to which the transfer applies; and (G) A signed statement from a responsible official describing whether the increased production is intended for export or the market in the United States. (3) Transfer to a person in a foreign country—Information requirements. A person requesting a transfer to a person in a foreign country must submit a request to the relevant Agency official that sets forth the following information: (i) The identity and address of the person seeking to transfer the allowances (“transferor”); (ii) The foreign country authorizing the transfer; (iii) The names, telephone numbers, and email addresses of contact persons for the transferor and for the person in the foreign country; (iv) The name of the chemical and quantity (in kilograms) of allowable production being transferred; and (v) The calendar year to which the transfer applies; (vi) A signed statement from a responsible official requesting that the relevant Agency official revise the number of production allowances the transferor holds such that the aggregate national production in the United States is equal to the lowest of the following three production quantities and identifying which of the following three production quantities was lowest: (A) The maximum production level permitted in § 84.7(b) in the year of the international transfer minus the quantity of production allowances (in exchange value-weighted kilograms) to be transferred; (B) The maximum production for the applicable regulated substances that are allowed under applicable law minus the quantity of production allowances (in exchange value-weighted kilograms) to be transferred; or (C) The average of the United States' actual national production level of the applicable regulated substances for the three calendar years prior to the year of the transfer minus the quantity of production allowances (in exchange value-weighted kilograms) to be transferred. (4) Review of international transfer request to a foreign country. After receiving a transfer request that meets the requirements of paragraph (b)(3) of this section, the relevant Agency official may, at his/her discretion, consider the following factors in deciding whether to approve such a transfer: (i) Possible economic hardships created by a transfer; (ii) Potential effects on trade; (iii) Potential environmental implications; and (iv) The total quantity of unexpended production allowances held by entities in the United States. (5) Notice of transfer. The relevant Agency official will review the submitted requests to determine whether the foreign country in which the person is located has enacted or otherwise established the same or similar requirements or otherwise undertaken commitments regarding the production and consumption of regulated substances as are contained in the AIM Act, within a reasonable time frame of the date of its enactment. If it is determined that these conditions are not met, the relevant Agency official will notify the requestor in writing that no transfers to or from the country can occur. If these conditions are satisfied such that transfers to or from the country can occur, the relevant Agency official will consider if the request meets the applicable requirements of paragraph (b) of this section. If the request meets the requirements of paragraph (b)(2) of this section for transfers from foreign countries and paragraph (b)(3) of this section for transfers to foreign countries, and if the relevant Agency official has not decided to disapprove the request based on consideration of factors listed in paragraph (b)(4) of this section if applicable, the relevant Agency official will notify the person in writing that the appropriate production allowances were either granted or deducted and specify the control period to which the transfer applies. Notifications of production allowances granted or deducted will be provided before January 1 of the calendar year to which the transfer applies. (i) For transfers from a foreign country, such notification will reflect a revision of the balance of allowances held by the recipient of the transfer to equal the unexpended production allowances held by the recipient of the transfer plus the quantity of allowable production transferred from the foreign country minus an offset of five percent of the quantity transferred. The relevant Agency official will not adjust available allowances until the foreign country's representative has confirmed the appropriate number of allowances were deducted in the foreign country. (ii) For transfers to a foreign country, such notification will reflect a revision of the balance of production allowances for the transferor such that the aggregate national production of the regulated substance to be transferred is equal to the value the relevant Agency official determines to be the lowest of: (A) The maximum production level permitted in § 84.7(b) in the year of the international transfer minus the quantity of production allowances transferred and minus an offset of five percent of the quantity transferred; or (B) The maximum production level for the applicable regulated substances that is allowed under applicable law (in exchange-value weighted kilograms) minus the quantity of production allowances transferred and minus an offset of five percent of the quantity transferred; or (C) The average of the actual annual U.S. production of the applicable regulated substances for the three years prior to the date of the transfer (in exchange-value weighted kilograms minus the quantity of production allowances transferred and minus an offset of five percent of the quantity transferred). (6) Revised production limit for previous transferors. If the average actual U.S. production during the three most recent calendar years before the date of the transfer is less than the total allowable U.S. production for the applicable regulated substances permitted in § 84.7(b) for a calendar year for which international transfers are approved to occur, the aggregate allowed national U.S. production of those substances will be reduced by an additional amount beyond a simple deduction of the number of allowances reflected in the notifications under paragraph (b)(5)(ii)(B) of this section. In these circumstances, the relevant Agency official will revise the production limit for each transferor who obtained approval of a transfer of the applicable regulated substances to a foreign country in the same calendar year and notify each transferor of the revision in writing. The amount of the revision will equal the result of the following set of calculations: (i) The total U.S. allowable production of the applicable regulated substances minus the average of the actual annual U.S. production of those substances during the three most recent calendar years prior to the calendar year of the transfer. (ii) The quantity of production allowances for the applicable regulated substances transferred by the transferor in that calendar year divided by the total quantity of production allowances for those substances approved for transfer to a person in a foreign country by all the persons approved to make such transfers in that calendar year. (iii) The result of paragraph (b)(6)(i) of this section multiplied by the result of paragraph (b)(6)(ii) of this section. (iv) The unexpended production allowances held by the person minus the result of paragraph (b)(6)(iii) of this section. (7) Effective date of revised production limit s. If a revision is issued under paragraph (b)(6) of this section, the change in production allowances will be effective on the date that the notification is issued." 40:40:21.0.1.1.3.1.1.13,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.21 Sale or conveyance of regulated substances produced or imported with application-specific allowances.,EPA,,,"[86 FR 55208, Oct. 5, 2021]","(a) Sale or conveyance of regulated substances produced or imported using application-specific allowances. (1) As of January 1, 2022, any person receiving an application-specific allowance (application-specific seller) may sell or convey regulated substances produced or imported by expending that allowance to another person within the same application (application-specific purchaser) provided that the relevant Agency official approves the sale or conveyance. (2) The application-specific seller must submit a claim to the relevant Agency official for approval before the sale or conveyance can take place. The claim must set forth the following: (i) The identities and addresses of the application-specific seller and the application-specific purchaser; (ii) The name, telephone numbers, and email addresses of contact persons for the application-specific seller and the application-specific purchaser; (iii) The amount of each regulated substance being sold or conveyed; (iv) The cost of the regulated substance being sold or conveyed; (v) The application for which allowances were allocated and the specific products that the application-specific purchaser plans to produce with the regulated substances; and (vi) Certification that the regulated substances will be used only for the same application for which the application-specific allowance under which the substances were produced or imported was allocated. (3) The application-specific purchaser must submit a letter to the relevant Agency official stating that it concurs with the terms of the sale or conveyance as requested by the application-specific seller. (4) Once the claim is complete, and if EPA does not object to the sale or conveyance, the relevant agency official will issue letters to the application-specific seller and the application-specific purchaser within 10 business days indicating that the transaction may proceed. EPA reserves the right to disallow a transaction if the claim is incomplete, or if it has reason to believe that the application-specific purchaser plans use the regulated substance in anything other than the stated application. If EPA objects to the transaction, the relevant agency official will issue letters to the application-specific seller and the application-specific purchaser stating the basis for disallowing the transaction. (5) The burden of proof is placed on the application-specific purchaser to retain sufficient records to prove that the sold or conveyed regulated substances are used only for the stated application. (b) [Reserved]" 40:40:21.0.1.1.3.1.1.14,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.23 [Reserved],EPA,,,, 40:40:21.0.1.1.3.1.1.15,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.25 Required processes to import regulated substances as feedstocks or for destruction.,EPA,,,"[86 FR 55208, Oct. 5, 2021, as amended at 88 FR 46896, July 20, 2023]","(a)(1) Petition to import regulated substances for use in a process resulting in transformation or destruction. A person must petition the relevant Agency official for the import of each individual shipment of a regulated substance imported for use in a process resulting in transformation or destruction in order to not expend allowances. A petition is required at least 30 days before the shipment is to arrive at a U.S. port, and must contain the following information: (i) Name, Harmonized Tariff Schedule code, and quantity in kilograms of each regulated substance to be imported; (ii) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number; (iii) Name and address of the consignee and the contact person's name, email address, and phone number; (iv) Source country; (v) The U.S. port of entry for the import, the expected date of import, and the vessel transporting the material. If at the time of submitting the petition the entity does not know this information, and the entity receives a non-objection notice for the individual shipment in the petition, the entity is required to notify the relevant Agency official of this information prior to the date of importation (consistent with the definition at 19 CFR 101.1) of the individual shipment into the United States; (vi) Name and address of any intermediary, including a contact person's name, email address and phone number, who will hold the material before the regulated substances are transformed or destroyed; (vii) Name, address, contact person, email address, and phone number of the responsible party at the facility where the regulated substance will be used in a process resulting in the substance's transformation or destruction; (viii) An English translation, if needed, of the export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export; (ix) The capacity of the container; and (x) The unique identification number of the container used to transport the regulated substances as part of the petition. (2) Review of petition to import for use in a process resulting in transformation or destruction. (i) The relevant Agency official will initiate a review of the information submitted under paragraph (a)(1) of this section and take action within 21 days to issue either an objection notice or a non-objection notice for the individual shipment to the person who submitted the petition. (ii) The relevant Agency official may issue an objection notice to a petition for the following reasons: (A) If the relevant Agency official determines that the information is insufficient; that is, if the petition lacks or appears to lack any of the information required under paragraph (a)(1) of this section or other information that may be requested during the review of the petition necessary to verify that the regulated substance is for use in a process resulting in transformation or destruction; (B) If the relevant Agency official determines that any portion of the petition contains false, inaccurate, or misleading information, or the official has information from other U.S. or foreign government agencies indicating that the petition contains false, inaccurate, or misleading information. (iii) Within 10 working days after receipt of an objection notice with the basis being “insufficient information,” the importer may re-petition the relevant Agency official. If no re-petition is taken by the tenth working day after the date on the objection notice, the objection shall become final. Only one re-petition will be accepted for any petition received by EPA. (iv) Any information contained in the re-petition which is inconsistent with the original petition must be identified and a description of the reason for the inconsistency must accompany the re-petition. (v) In cases where the relevant Agency official does not object to the petition, the official will issue a non-objection notice. (vi) If, following EPA's issuance of a non-objection notice, new information is brought to EPA's attention which shows that the non-objection notice was issued based on false, inaccurate, or misleading information, then EPA has the right to: (A) Revoke and void the non-objection notice from the approval date; (B) Pursue all means to ensure that the regulated substance is not imported into the United States; and (C) Take appropriate enforcement and apply administrative consequences. (3) Timing. (i) An individual shipment authorized through a non-objection notice must be used in the process resulting in its transformation within one year of import. (ii) An individual shipment authorized through a non-objection notice must be used in the process resulting in its destruction within 120 days of import. (4) Quantity. An individual shipment authorized through a non-objection notice may not exceed the quantity (in MTEVe) of the regulated substance stated in the non-objection notice. (b)(1) Petition to import used regulated substances for disposal by destruction. A person must petition the relevant Agency official for the import of each individual shipment of a used regulated substance imported for purposes of destruction in order to not expend allowances. A petition is required at least 30 working days before the shipment is to leave the foreign port of export, and contain the following information: (i) Name, Harmonized Tariff Schedule code, and quantity in kilograms of each regulated substance to be imported; (ii) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number; (iii) Name and address of the consignee and the contact person's name, email address, and phone number; (iv) Name and address of any intermediary who will hold regulated substances imported for destruction, and the contact person's name, email address, and phone number; (v) Source country; (vi) An English translation, if needed, of the export license (or application for an export license) from the appropriate government agency in the country of export; (vii) The U.S. port of entry for the import, the expected date of import, and the vessel transporting the material. If at the time of submitting the petition the importer does not know this information, and the importer receives a non-objection notice for the individual shipment in the petition, the importer is required to notify the relevant Agency official of this information prior to the entry of the individual shipment into the United States; and (viii) Name, address, contact person, email address, and phone number of the responsible party at the destruction facility. (2) Review of petition to import for destruction. (i) The relevant Agency official will initiate a review of the information submitted under paragraph (b)(1) of this section and take action within 30 working days to issue either an objection notice or a non-objection notice for the individual shipment to the person who submitted the petition. (ii) The relevant Agency official may issue an objection notice to a petition for the following reasons: (A) If the relevant Agency official determines that the information is insufficient; that is, if the petition lacks or appears to lack any of the information required under paragraph (b)(1) of this section or other information that may be requested during the review of the petition necessary to verify that the regulated substance is used; (B) If the relevant Agency official determines that any portion of the petition contains false, inaccurate, or misleading information, or the relevant Agency official has information from other U.S. or foreign government agencies indicating that the petition contains false, inaccurate, or misleading information; (C) If allowing the import of the used regulated substance would run counter to government restrictions from either the country of recovery or export regarding regulated substances; (D) If destruction capacity is installed or is being installed for that specific regulated substance in the country of recovery or country of export and the capacity is funded in full or in part through the Multilateral Fund to the Montreal Protocol. (iii) Within 10 working days after receipt of an objection notice with the basis being “insufficient information,” the importer may re-petition the relevant Agency official. If no re-petition is taken by the tenth working day after the date on the objection notice, the objection shall become final. Only one re-petition will be accepted for any petition received by EPA. (iv) Any information contained in the re-petition that is inconsistent with the original petition must be identified and a description of the reason for the inconsistency must accompany the re-petition. (v) In cases where the relevant Agency official does not object to the petition, the official will issue a non-objection notice. (vi) If, following EPA's issuance of a non-objection notice, new information is brought to EPA's attention which shows that the non-objection notice was issued based on false, inaccurate, or misleading information, then EPA and the relevant Agency official has the right to: (A) Revoke and void the non-objection notice from the approval date; (B) Pursue all means to ensure that the regulated substance is not imported into the United States; and (C) Take appropriate enforcement and apply administrative consequences. (3) Timing. An individual shipment authorized through a non-objection notice must be destroyed within 120 days of import. (4) Quantity. An individual shipment authorized through a non-objection notice may not exceed the quantity (in MTEVe) of the regulated substance stated in the non-objection notice. (5) Proof of destruction. For each individual shipment of a used regulated substance imported with the intent to destroy that substance for which EPA issues a non-objection notice, an importer must submit to the Administrator records indicating that the substance has been destroyed with their quarterly reports in § 84.31(c)(1). (6) Recordkeeping. The person receiving the non-objection notice from the relevant Agency official for a petition to import used regulated substances must maintain the following records for five years: (i) A copy of the petition; (ii) The EPA non-objection notice; (iii) The bill of lading for the import; (iv) The U.S. Customs entry number; and (v) Records demonstrating that the substance has been destroyed in accordance with approved technologies in § 84.29." 40:40:21.0.1.1.3.1.1.16,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.27 Controlling emissions of HFC-23.,EPA,,,"[86 FR 55208, Oct. 5, 2021]","(a) No later than October 1, 2022, as compared to the amount of chemical intentionally produced on a facility line, no more than 0.1 percent of HFC-23 created on the line may be emitted. (1) Requests for extension. The producer may submit a request to the relevant Agency official to request a six-month extension, with a possibility of one additional six-month extension, to meet the 0.1 percent HCFC-23 limit. No entity may have a compliance date later than October 1, 2023. (2) Timing of request. The extension request must be submitted to EPA no later than August 1, 2022, for a first-time extension or February 1, 2023, for a second extension. (3) Content of request. The extension request must contain the following information: (i) Name of the facility submitting the request, contact information for a person at the facility, and the address of the facility. (ii) A description of the specific actions the facility has taken to improve their HFC-23 control, capture, and destruction; the facility's plans to meet the 0.1 percent HFC-23 limit including the expected date by which the equipment will be installed and operating; and verification that the facility has met all applicable reporting requirements. (4) Review of request. Starting on the first working day following receipt by the relevant Agency official of a complete request for extension, the relevant Agency official will initiate review of the information submitted under paragraph (a)(3) of this section and take action within 30 working days. Any grant of a compliance deferral by the relevant Agency official will be made public. (b) Captured HFC-23 is permitted to be destroyed at a different facility than where it is produced. In such instances, HFC-23 emissions during the transportation to and destruction at the different facility will be incorporated into calculations of whether the producer meets the 0.1 percent standard outlined in paragraph (a) of this section." 40:40:21.0.1.1.3.1.1.17,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.29 Destruction of regulated substances.,EPA,,,"[86 FR 55208, Oct. 5, 2021]","(a) The following technologies are approved by the Administrator for destruction of all regulated substances except for HFC-23: (1) Cement kiln; (2) Gaseous/fume oxidation; (3) Liquid injection incineration; (4) Porous thermal reactor; (5) Reactor cracking; (6) Rotary kiln incineration; (7) Argon plasma arc; (8) Nitrogen plasma arc; (9) Portable plasma arc; (10) Chemical reaction with hydrogen and carbon dioxide; (11) Gas phase catalytic de-halogenation; and (12) Superheated steam reactor. (b) The following technologies are approved by the Administrator for destruction of HFC-23: (1) Gaseous/fume oxidation; (2) Liquid injection incineration; (3) Reactor cracking; (4) Rotary kiln incineration; (5) Argon plasma arc; (6) Nitrogen plasma arc; (7) Chemical reaction with hydrogen and carbon dioxide; and (8) Superheated steam reactor." 40:40:21.0.1.1.3.1.1.18,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.31 Recordkeeping and reporting.,EPA,,,"[86 FR 55201, 55215, Oct. 5, 2021, as amended at 88 FR 46896, July 20, 2023; 90 FR 41723, Aug. 26, 2025]","(a) Recordkeeping and reporting. Any person who produces, imports, exports, transforms, uses as a process agent, destroys, reclaims, or repackages regulated substances or is receiving application-specific allowances must comply with the following recordkeeping and reporting requirements: (1) Reports required by this section must be submitted within 45 days of the end of the applicable reporting period, unless otherwise specified. (2) Reports, petitions, and any related supporting documents must be submitted electronically in a format specified by EPA. (3) Records and copies of reports required by this section must be retained for five years. (4) Quantities of regulated substances must be stated in terms of kilograms unless otherwise specified. (5) Reports are no longer required if an entity notifies the Administrator that they have permanently ceased production, import, export, destruction, transformation, use as a process agent, reclamation, or packaging of regulated substances, but the entity must continue to comply with all applicable recordkeeping requirements. (b) Producers. Persons (“producers”) who produce regulated substances must comply with the following recordkeeping and reporting requirements: (1) One-time report. Within 120 days of January 1, 2022, or within 120 days of the date that a producer first produces a regulated substance, whichever is later, every producer must submit to the Administrator a report describing: (i) The method by which the producer in practice measures daily quantities of regulated substances produced; (ii) Conversion factors by which the daily records as currently maintained can be converted into kilograms of regulated substances produced, including any constants or assumptions used in making those calculations ( e.g., tank specifications, ambient temperature or pressure, density of the regulated substance); (iii) Internal accounting procedures for determining plant-wide production; (iv) The quantity of any fugitive losses accounted for in the production figures; (v) A list of any coproducts, byproducts, or emissions from the production line that are other regulated substances; ozone-depleting substances listed in 40 CFR part 82, subpart A; or hazardous air pollutants initially identified in section 112 of the Clean Air Act, and as revised through rulemaking and codified in 40 CFR part 63; (vi) The estimated percent efficiency of the production process for the regulated substance; and (vii) A description of any processes that use a regulated substance as a process agent. Within 60 days of any change in the measurement procedures or the information specified in the above report, the producer must submit a report specifying the changes to the relevant Agency official. (2) Reporting—producers. Within 45 days after the end of each quarter, each producer of a regulated substance must provide to the relevant Agency official a report containing the following information for each facility: (i) The quantity (in kilograms) of production of each regulated substance used in processes resulting in their transformation by the producer; for any regulated substance that is used in processes resulting in their transformation at a facility that differs from the facility of production, but both facilities are owned by the producer, the name, quantity (in kilograms), and recipient facility of each regulated substance; and the quantity (in kilograms) intended for transformation by a second party; (ii) The quantity (in kilograms) of production of each regulated substance used in processes resulting in their destruction by the producer; for any regulated substance that is used in processes resulting in their destruction at a facility that differs from the facility of production, but both facilities are owned by the producer, the name, quantity (in kilograms), and recipient facility of each regulated substance; and the quantity (in kilograms) intended for destruction by a second party; (iii) The quantity (in kilograms) of production of each regulated substance used as a process agent by the producer; for any regulated substance that is used as a process agent at a facility that differs from the facility of production, but both facilities are owned by the producer, the name, quantity (in kilograms), and recipient facility of each regulated substance; and the quantity (in kilograms) intended for use as a process agent by a second party; (iv) The quantity (in exchange value equivalents) of allowances expended for each regulated substance and the quantity (in kilograms) of each regulated substance produced; (v) The quantity (in kilograms) of regulated substances sold or transferred during the quarter to a person other than the producer for use in processes resulting in their transformation, destruction, or use as a process agent; (vi) The quantity (in kilograms) of regulated substances produced by the producer that were exported by the producer or by other U.S. companies to a foreign country that will be transformed or destroyed and therefore were produced without expending production or consumption allowances; (vii) For transformation in the United States or by a person in a foreign country, one copy of a transformation verification from the transformer for the specific regulated substance(s) and a list of additional quantities shipped to that same transformer for the quarter; (viii) For destruction in the United States or by a person in a foreign country of a regulated substance that was produced without allowances, one copy of a destruction verification for each particular destroyer confirming it destroyed the same regulated substance, and a list of additional quantities shipped to that same destroyer for the quarter; (ix) A list of the entities conferring application-specific allowances from whom orders were placed, and the quantity (in kilograms) of specific regulated substances produced for those listed applications; (x) The conferral certificate number, generated by the Department of Defense, for any regulated substances produced using application-specific allowances for mission-critical military end uses; and (xi) For the fourth quarter report only, the quantity of each regulated substance held in inventory on December 31. (3) Recordkeeping—producers. Every producer of a regulated substance must maintain the following records: (i) Dated records of the quantity (in kilograms) of each regulated substance produced at each facility; (ii) Dated records of the quantity (in kilograms) of regulated substances produced for use in processes that result in their transformation, destruction, or as a process agent; (iii) Dated records of the quantity (in kilograms) of regulated substances sold for use in processes that result in their transformation, destruction, or as a process agent; (iv) Dated records of the quantity (in kilograms) of regulated substances produced by expending conferred application-specific allowances and quantity sold for use in each listed application; (v) Copies of invoices or receipts documenting sale of regulated substances for use in processes that result in their transformation, destruction, or as a process agent; (vi) Dated records of the quantity (in kilograms) of each regulated substance used at each facility as feedstocks or destroyed in the manufacture of a regulated substance or in the manufacture of any other substance, and any regulated substance introduced into the production process of the same regulated substance at each facility; (vii) Dated records of the quantity (in kilograms) of each regulated substance used at each facility as a process agent; (viii) Dated records identifying the quantity (in kilograms) of each coproduct and byproduct chemical not a regulated substance produced within each facility also producing one or more regulated substances; (ix) Dated records of the quantity (in kilograms) of raw materials and feedstock chemicals used at each facility for the production of regulated substances; (x) Dated records of the shipments of each regulated substance produced at each plant; (xi) Dated records of batch tests of regulated substances packaged for sale or distribution, including instrument calibration, sample testing data files, audit trail files, and results summaries of both sample test results and quality control test results that are in a form suitable and readily available for review; (xii) The quantity (in kilograms) of regulated substances, the date received, and names and addresses of the source of used materials containing regulated substances which are recycled or reclaimed at each plant; (xiii) Records of the date, the regulated substance, and the estimated quantity of any spill or release of a regulated substance that equals or exceeds 100 pounds; (xiv) The transformation verification in the case of transformation, or the destruction verification in the case of destruction, showing that the purchaser or recipient of a regulated substance, in the United States or in another foreign country, certifies the intent to either transform or destroy the regulated substance, or sell the regulated substance for transformation or destruction in cases when allowances were not expended; and (xv) The certifications from application-specific allowance holders stating that the regulated substances were purchased solely for an application listed in § 84.5(c)(2) and will not be resold for use in a different application or used in any other manufacturing process. (4) Additional Requirements: producers of HFC-23. (i) Each producer of HFC-23 must include the following additional information in their one-time report in paragraph (b)(1) of this section: (A) Information on the capacity to produce the intended chemical on the line on which HFC-23 is produced; (B) A description of actions taken at the facility to control the generation of HFC-23 and its emissions; (C) Identification of approved destruction technology and its location intended for use for HFC-23 destruction; (D) A copy of the destruction removal efficiency report associated with the destruction technology; and (E) Within 60 days of any change in the information specified in the above report, the producer must submit a report specifying the changes to the relevant Agency official. (ii) Each producer of HFC-23 must include the following additional information in their fourth quarter report: (A) Annual facility-level data on HFC-23 (in metric tons) on amounts: Emitted; generated; generated and captured for any purpose; generated and captured for consumptive use; generated and captured for feedstock use in the United States; generated and captured for destruction; used for feedstock without prior capture; and destroyed without prior capture. (B) [Reserved] (iii) If captured HFC-23 is destroyed in a subsequent control period, producers must submit records to EPA indicating the HFC-23 has been destroyed in their next quarterly report. (iv) In developing any required report, each producer of HFC-23 must abide by the following monitoring and quality assurance and control provisions: (A) To calculate the quantities of HFC-23 generated and captured for any use, generated and captured for destruction, used for feedstock without prior capture, and destroyed without prior capture, facilities shall comply with the monitoring methods and quality assurance and control requirements set forth at 40 CFR 98.414 and the calculation methods set forth at 40 CFR 98.413, except 40 CFR 98.414(p) shall not apply. (B) To calculate the quantity of HFC-23 emitted, facilities shall comply with the monitoring methods and quality assurance and control requirements set forth at 40 CFR 98.124 and the calculation methods set forth at 40 CFR 98.123. (5) Agency assumption —For any person who fails to maintain the records required by this paragraph, or to submit the reports required by this paragraph, EPA may assume that the person has produced at full capacity during the period for which records were not kept. (c) Importers. Persons (“importers”) who import regulated substances must comply with the following recordkeeping and reporting requirements: (1) Reporting—importers. Within 45 days after the end of each quarter, an importer of record of a regulated substance must submit to the relevant Agency official a report containing the following information: (i) Summaries of the records required in paragraph (c)(2) of this section for the previous quarter; (ii) The total quantity (in kilograms) imported of each regulated substance for that quarter; (iii) The Harmonized Tariff Schedule codes for the regulated substances or blends imported; (iv) A list of the application-specific allowance holders from whom orders were placed, number of application-specific allowances conferred, and the quantity (in kilograms) of specific regulated substances imported for those listed applications; (v) The conferral certificate number, generated by the Department of Defense, for any regulated substances imported using application-specific allowances for mission-critical military end uses; (vi) The quantity (in kilograms) of regulated substances imported for use in processes resulting in their transformation or destruction; (vii) The quantity (in kilograms) of regulated substances sold or transferred during that quarter to each person for use in processes resulting in their transformation or destruction; (viii) The transformation verifications showing that the purchaser or recipient of imported regulated substances intends to transform those substances or destruction verifications showing that the purchaser or recipient intends to destroy the regulated substances; (vix) Records required under § 84.25(b)(5) documenting proof that material imported for destruction was destroyed; and (x) For the fourth quarter report only, the quantity of each regulated substance held in inventory on December 31. (2) Recordkeeping—importers. An importer of a regulated substance must maintain the following records: (i) The quantity (in kilograms) of each regulated substance imported, either alone or in mixtures, including the percentage of each mixture that consists of a regulated substance; (ii) The quantity (in kilograms) of used regulated substances imported for destruction under the process described in § 84.25(b); (iii) The quantity (in kilograms) of regulated substances imported for use in processes resulting in their transformation or destruction; (iv) The quantity (in kilograms) of regulated substances imported and sold for use in processes that result in their transformation or destruction; (v) The date on which the regulated substances were imported; (vi) The port of entry through which the regulated substances passed; (vii) The country from which the imported regulated substances were imported; (viii) The company that produced the imported regulated substances; (ix) The Harmonized Tariff Schedule code for the regulated substances imported; (x) The importer number for the shipment; (xi) A copy of the bill of lading for the import; (xii) The invoice for the import; (xiii) The U.S. Customs entry number; (xiv) Dated records documenting the sale or transfer of regulated substances for use in processes resulting in their transformation or destruction; (xv) Copies of transformation verifications or destruction verifications indicating that the regulated substances will be transformed or destroyed; (xvi) Dated records of the quantity of regulated substances imported for an application listed at § 84.5(c)(2); (xvii) The certifications from application-specific allowance holders stating that the regulated substances were purchased solely for an application listed in § 84.5(c)(2) and will not be resold for use in a different application or used in any other manufacturing process; (xviii) Dated records of batch tests of regulated substances packaged for sale or distribution, including instrument calibration, sample testing data files, audit trail files, and results summaries of both sample test results and quality control test results that are in a form suitable and readily available for review; and (xix) For any entity subject to an order issued by the Department of Commerce that is receiving allowances for 2022 or 2023, documentation of cash deposit of and final payment of the antidumping and countervailing duty for regulated substances imported. (3) Transhipments. (i) A person must notify the relevant Agency official of each shipment of a regulated substance that is to be transhipped through the United States. The notification is required at least 30 working days before the shipment is to leave the foreign port of export for importation into the United States as a transhipment, and must contain the following information: (A) Name, Harmonized Tariff Schedule code, and quantity in kilograms of each regulated substance to be transhipped; (B) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number; (C) Source country; and (D) The U.S. port of entry, the expected date of importation (consistent with the definition at 19 CFR 101.1), and the vessel transporting the material. If at the time of submitting the petition the importer does not know this information, the importer is required to notify the relevant Agency official of this information prior to the entry of each shipment into the United States. (ii) The person in paragraph (c)(3)(i) of this section must notify the relevant Agency official of each shipment of a regulated substance that has been transhipped when it is exported from the United States. The notification is required at least 10 working days after the shipment is exported from the United States, and must contain the following information: (A) Name, Harmonized Tariff Schedule code, and quantity in kilograms of each regulated substance to be transhipped; (B) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number; and (C) Date of departure and name of vessel. (iii) Any person who tranships a regulated substance must maintain records that indicate: (A) That the regulated substance shipment originated in a foreign country; (B) That the regulated substance shipment is destined for another foreign country; and (C) That the regulated substance shipment will not enter U.S. commerce within the United States. (4) Additional recordkeeping requirements—importers of used regulated substances for destruction. A person receiving a non-objection notice from the relevant Agency official to import used regulated substances for destruction must maintain the following records: (i) A copy of the petition to import for destruction; (ii) The EPA non-objection notice; (iii) A copy of the export license, export license application, or official communication from the appropriate government agency in the country of export; (iv) An English translation of the document in paragraph (c)(4)(iii) of this section; (v) U.S. Customs entry documents for the import that must include the Harmonized Tariff Schedule codes; (vi) The date, amount, and name of the regulated substances sent for destruction, per shipment; (vii) An invoice from the destruction facility verifying the shipment was received; and (viii) Records from the destruction facility indicating that the substance has been destroyed. (5) Recordkeeping requirements—aggregators. A person aggregating a regulated substance prior to destruction, regardless of whether the person is an importer, must: (i) Maintain transactional records that include the name and address of the entity from whom they received the regulated substance imported for destruction; (ii) Maintain transactional records that include the name and address of the entity to whom they sent the regulated substance imported for destruction; (iii) Maintain records that include the date and quantity of the imported regulated substance received for destruction; (iv) Maintain records that include the date and quantity of the imported regulated substance sent for destruction; and (v) If the person is the final aggregator of such a regulated substance before the material is destroyed, maintain a copy of records indicating that the substance has been destroyed. (6) Recordkeeping requirements—vessel owners/operators. A person offloading regulated substances recovered from equipment aboard a marine vessel, aircraft, or other aerospace vehicle while in a U.S. port must maintain records of the company name, vessel name or identifier, location of the appliance, date of recovery, person doing the recovery, the amount of regulated substances recovered and type of refrigerant recovered for each servicing event, and the amount of each regulated substance or blend of regulated substances offloaded and the date it was offloaded. (7) Additional reporting for importers of record. The importer of record must include the following no later than 10 days if arriving by marine vessel or 5 days for non-marine vessel prior to the date of importation (consistent with the definition at 19 CFR 101.1), via a U.S. Customs and Border Protection-authorized electronic data interchange system, such as the Automated Broker Interface (authorized agents may permissibly file on behalf of an importer of record): (i) Cargo Description; (ii) Net weight; (iii) Container number(s) associated with the shipment, as applicable; (iv) Gross Weight; (v) Weight Unit of Measure; (vi) Port of Entry; (vii) Scheduled Entry Date; (viii) Harmonized Tariff Schedule (HTS) code; (ix) Harmonized Tariff Schedule (HTS) Description; (x) Origin Country; (xi) Importer of Record Name and Associated Number; (xii) Consignee Entity Name; (xiii) CAS Number(s) of the regulated substance(s) imported and, for regulated substances that are in a mixture, either the ASHRAE numerical designation of the refrigerant or the percentage of the mixture containing each regulated substance; (xiv) If importing regulated substances for transformation or destruction, a copy of the non-objection notice issued consistent with § 84.25; (xv) If importing regulated substances as a transhipment, a copy of the confirmation documenting the entity reported the transhipment consistent with paragraph (c)(3)(i) of this section; and (xvi) A certificate of analysis, if the certificate of analysis is not physically accompanying the shipment pursuant to § 84.5(b)(1)(v)). (8) One-time report—payment of antidumping and countervailing duties. By November 30, 2021, any entity importing regulated substances subject to an antidumping and countervailing duty order issued by the Department of Commerce that is receiving allowances for 2022 or 2023 must provide documentation of cash deposit of and final payment of such duties for the regulated substances imported from January 1, 2017, through May 19, 2021, or provide evidence that those imports were not subject to such duties for those years. (9) Importer of record information. (i) Any entity that falls under any of the following criteria must submit the information outlined in paragraph (c)(9)(ii) of this section: (A) That is issued allowances by EPA and anticipates being the importer of record for a shipment of regulated substances; or (B) That is not issued allowances by EPA, but receives transferred or conferred allowances. (ii) The following information must be submitted to EPA by the date specified under paragraph (c)(9)(iii) of this section: (A) Names of all subsidiaries; (B) Entities commonly owned or majority owned by the same person or persons; (C) Alternative names under which the entity does business; (D) Importer of record numbers; and (E) If providing information under paragraph (c)(9)(ii) (A), (B), or (C) of this section: ( 1 ) The relationship between the allowance holder and each subsidiary and each entity commonly owned or majority owned by the same person or persons, including alternative names under which each listed entity does business; and ( 2 ) If applicable, the identity of owners and their respective percentage of ownership. (iii) The information outlined in paragraph (c)(9)(ii) of this section must be submitted each year by: (A) November 15 after being issued allowances for an entity that falls under paragraph (c)(9)(i)(A) of this section; or (B) within 15 calendar days of receiving a non-objection notice for conferral of application-specific allowances pursuant to § 84.13(h) or for inter-company transfer of consumption allowances pursuant to § 84.19(a) for an entity that falls under paragraph (c)(9)(i)(B) of this section. (iv) If changes occur to the information previously provided to the Agency, such changes must be transmitted to the Agency at least 21 days prior to expenditure of allowances pursuant to § 84.5(b)(1)(i). (d) Exporters. Persons (“exporters”) who export regulated substances must comply with the following reporting requirements: (1) Reporting requirements—exporters. Within 45 days after the end of each quarter, each exporter of a regulated substance must submit to the relevant Agency official a report containing the following information if such information was not already reported under paragraph (b)(2) of this section: (i) The names and addresses of the exporter and the recipient of the exports; (ii) The exporter's Employer Identification Number; (iii) The quantity of each specific regulated substance exported, including the quantity of regulated substance that is used, reclaimed, or recycled; (iv) The date on which, and the port from which, the regulated substances were exported from the United States or its territories; (v) The country to which the regulated substances were exported; (vi) The Harmonized Tariff Schedule codes for the regulated substances shipped; (vii) Internal Transaction Numbers for all shipments, except shipments where an exemption from the requirements for the filing of Electronic Export Information (EEI) is provided in 15 CFR part 30, subpart D; (viii) For persons exporting for transformation or destruction of the regulated substance, the invoice or sales agreement containing language similar to the transformation verifications that importers use, or destruction verifications showing that the purchaser or recipient intends to destroy the regulated substances; and (ix) For the fourth quarter report only, the quantity of each regulated substance held in inventory on December 31. (2) Recordkeeping. (i) Exporters must maintain dated records of batch tests of regulated substances packaged for sale or distribution, including instrument calibration, sample testing data files, audit trail files, and results summaries of both sample test results and quality control test results that are in a form suitable and readily available for review. (ii) [Reserved] (3) Used regulated substances. Any exporter of used regulated substances must indicate on the bill of lading or invoice that the regulated substance is used. (e) Second-party transformation and destruction. Any person who transforms or destroys regulated substances produced or imported by another person must comply with the following recordkeeping and reporting requirements: (1) Reporting—second-party transformation and destruction. Any person who transforms or destroys regulated substances produced or imported by another person must report the following for each facility: (i) The names and quantities (in kilograms) of the regulated substances transformed for each calendar year within 45 days after the end of that year; and (ii) The names and quantities (in kilograms) of the regulated substances destroyed for each calendar year within 45 days after the end of that year. (2) Recordkeeping—second-party transformation and destruction. Any person who transforms or destroys regulated substances produced or imported by another person must maintain the following: (i) Copies of the invoices or receipts documenting the sale or transfer of the regulated substances to the person; (ii) Records identifying the producer or importer of the regulated substances received by the person; (iii) Dated records of inventories of regulated substances at each plant on the first day of each quarter; (iv) Dated records of the quantity (in kilograms) of each regulated substance transformed or destroyed; (v) In the case where regulated substances were purchased or transferred for transformation purposes, a copy of the person's transformation verification; (vi) Dated records of the names, commercial use, and quantities (in kilograms) of the resulting chemical(s) when the regulated substances are transformed; (vii) Dated records of shipments to purchasers of the resulting chemical(s) when the regulated substances are transformed; and (viii) In the case where regulated substances were purchased or transferred for destruction purposes, a copy of the person's destruction verification. (3) Transformation verifications. Any person who purchases regulated substances for purposes of transformation must provide the producer or importer of the regulated substances with a transformation verification that the regulated substances are to be used in processes that result in their transformation. The verification can only be valid for one year. The transformation verification shall include the following: (i) Identity and address of the person intending to transform the regulated substances; (ii) The quantity (in kilograms) of regulated substances intended for transformation; (iii) Identity of shipments by purchase order number(s), purchaser account number(s), location(s), or other means of identification; (iv) Period of time over which the person intends to transform the regulated substances; and (v) Signature and title of the verifying person. (4) Destruction verifications. Any person who purchases or receives regulated substances in processes that result in their destruction shall provide the producer or importer of the regulated substances with a destruction verification that the regulated substances are to be used in processes that result in their destruction. The verification can only be valid for up to 120 days. The destruction verification shall include the following: (i) Identity and address of the person intending to destroy regulated substances; (ii) The quantity (in kilograms) of regulated substances intended for destruction; (iii) Identity of shipments by purchase order number(s), purchaser account number(s), location(s), or other means of identification; (iv) The destruction efficiency at which such substances will be destroyed; (v) Period of time over which the person intends to destroy regulated substances; and (vi) Signature and title of the verifying person. (5) Transformation reporting—one-time report. Within 120 days of January 1, 2022, or within 120 days of the date that an entity first transforms a regulated substance, whichever is later, any person who transforms a regulated substance must provide EPA with a one-time report containing the following information: (i) A description of the transformation use; (ii) A description of all technologies and actions taken to minimize emissions of regulated substances; (iii) The name of the product manufactured in the process; (iv) A list of any coproducts, byproducts, or emissions from the line on which the regulated substance is to be transformed that are other regulated substances; ozone-depleting substances listed in 40 CFR part 82, subpart A; or hazardous air pollutants initially identified in section 112 of the Clean Air Act, and as revised through rulemaking and codified in 40 CFR part 63; (v) The estimated annual fugitive emissions by chemical associated with the transformation process; (vi) The anticipated ratio of regulated substance used for transformation to the amount of end product manufactured; and (vii) A mass balance equation of the transformation reaction. (f) All destruction facilities —(1) Destruction—one-time report. Within 120 days of January 1, 2022, or within 120 days of the date that an entity first destroys a regulated substance, whichever is later, every person who destroys regulated substances, whether in a process for destruction or for disposal of a used substance, shall provide EPA with a report containing the following information: (i) The destruction unit's destruction efficiency; (ii) The methods used to determine destruction efficiency; (iii) The methods used to record the volume destroyed; (iv) The name of other relevant federal or state regulations that may apply to the destruction process; and (v) Any changes to the information in this paragraph must be reflected in a revision to be submitted to EPA within 60 days of the change(s). (2) Proof of destruction. Any person who destroys used regulated substances for disposal of that substance, shall provide the importer or aggregator with a record indicating the substance was destroyed within 30 days of the date of destruction. (g) Process agents —(1) Reporting—one-time report. Within 120 days of January 1, 2022, or within 120 days of the date that an entity first uses a regulated substance as a process agent, whichever is later, any person who uses a regulated substance as a process agent must provide EPA a one-time report containing the following information: (i) A description of the process agent use that includes details of the percentages of process agent retained within the process, recovered after the process, and emitted or entrained in the final product; (ii) A description of all technologies and actions taken to minimize emissions of regulated substances; (iii) The name of the product and byproducts manufactured in the process; and (iv) The anticipated ratio of process agent emissions to end product manufactured. (2) Annual report. Any person who uses a regulated substance as a process agent must provide an annual report containing the following information: (i) Contact information including email address and phone number for a primary and alternate contact person; (ii) The amount of regulated substance used as a process agent; (iii) The amount of product and the amount of byproducts manufactured (including amounts eventually destroyed or used as feedstock); (iv) The stack point source emissions; and (v) A description of any regulated substance emission reduction actions planned or currently under investigation. (h) Holders of application-specific allowances. (1) Reporting. Any person allocated application-specific allowances, except for persons receiving application-specific allowances for mission-critical military end uses, must submit to the relevant Agency official a report by July 31 (covering prior activity from January 1 through June 30) and January 31 (covering prior activity from July 1 through December 31) of each year. The report shall contain the following information: (i) The quantity (in kilograms) of regulated substances acquired through conferring allowances during the previous six months, including a copy of the sales records, invoices, or other records documenting that quantity; (ii) The quantity (in kilograms) of regulated substances acquired through expending allowances and directly imported during the previous six months, including a copy of the sales records, invoices, or other records documenting that quantity; (iii) The quantity (in kilograms) of regulated substances purchased for application-specific use without expending application-specific allowances during the previous six months ( i.e., from the open market), including a copy of the sales records, invoices, or other records documenting that quantity; (iv) The quantity (in kilograms) of inventory on the last day of the previous six-month period of each regulated substance for application-specific use held by the reporting company or held under contract by another company for the reporting company's use, with separate reporting on any inventory of stockpiled HFCs acquired pursuant to § 84.13(b)(1)(iv), including a copy of inventory records documenting that quantity if said quantity is greater than zero; (v) The quantity (in kilograms) of each regulated substance for application-specific use that was destroyed or recycled during the previous six months; (vi) The names and contact information of each company to which application-specific allowances were conferred, and the quantity of allowances conferred from each company, and the quantity of regulated substances received from each company; (vii) In the July 31 report only, a description of plans to transition application-specific use of regulated substances to regulated substances with a lower exchange value or alternatives to regulated substances; (viii) In the July 31 report only, if a company is requesting additional allowances due to one or more of the circumstances listed in § 84.13(b)(1), the report must include a projection of the monthly quantity of additional regulated substances needed for application-specific use(s) by month in the next calendar year and a detailed explanation, including relevant supporting documentation to justify the additional need; (ix) In the July 31 report only, if a company is contracting out the manufacturing of defense sprays or metered dose inhalers, or paying another person (whether it is in cash, credit, goods, or services) to perform the servicing of onboard aerospace fire suppression, the name, address, and email address for a representative of the person doing the manufacturing or servicing, and clarification on whether the responses in paragraph (h)(1) of this section apply to the company that is allocated application-specific allowances or the company receiving the contract for manufacturing and/or servicing using application-specific allowances; (x) If allowances are allocated for a unique circumstance under § 84.13(b)(1)(v), the quantity (in kilograms) of each regulated substance purchased with the intent to build inventory during the prior six-month period, including a copy of records documenting that quantity; and (xi) The quantity (in kilograms) of each regulated substance that was sold, returned, or otherwise conveyed to another entity during the previous six months, excluding heels as defined in § 84.3, including a copy of records documenting that quantity. (2) New Requests. Persons requesting application-specific allowances for the first time must submit to EPA the following information: (i) A description of the use of regulated substances and a detailed explanation of how the use is an application-specific use listed in § 84.13(a); (ii) Total quantity (in kilograms) of all regulated substances acquired for application-specific use in the previous three years, including a copy of the sales records, invoices, or other records documenting that quantity; (iii) The name of the entity or entities supplying regulated substances for application-specific use and contact information for those suppliers; (iv) The quantities (in kilograms) of regulated substances held in inventory for application-specific use as of June 30 of the prior year and June 30 in the current year, including a copy of inventory records documenting that quantity if said quantity is greater than zero; (v) A description of plans to transition to regulated substances with a lower exchange value or alternatives to regulated substances; (vi) If a company is requesting additional allowances due to one or more of the circumstances listed in § 84.13(b)(1), the report must include a projection of the monthly quantity of additional regulated substances needed by month in the next calendar year and a detailed explanation, including relevant supporting documentation to justify the additional need; and (vii) If a company is contracting out the manufacturing of defense sprays or metered dose inhalers, or contracting out the servicing of onboard aerospace fire suppression, the name, address, and email address for a representative of the person doing the manufacturing or servicing, and clarification on whether the responses in paragraph (h)(2) of this section apply to the company that is requesting application-specific allowances or the company receiving the contract for manufacturing and/or servicing using application-specific allowances. (3) Report for Application-specific Allowances for Mission-critical Military End Use. The Department of Defense must provide a report to EPA biannually by July 31 (covering prior activity from January 1 through June 30) and January 31 (covering prior activity from July 1 through December 31) of each year contains the following information: (i) The quantity (in kilograms) of each regulated substance acquired for application-specific use by conferring application-specific allowances; (ii) The quantity of inventory on June 30 of each regulated substance for application-specific use held by the Department of Defense or held under contract by another company for use by the Department of Defense; (iii) The quantity of each regulated substance requested for mission-critical military end uses in the next calendar year; (iv) The broad sectors of use covered by current mission-critical military end uses in the next calendar year; and (v) A description of plans to transition application-specific use(s) to regulated substances with a lower exchange value or alternatives to regulated substances, including not-in-kind substitutes. (4) Conferral of allowances. Entities who confer application-specific allowances must submit the following information about each conferral to the relevant Agency official prior to conferring allowances: (i) The identities and addresses of the conferrer and the conferee; (ii) The names, telephone numbers, and email addresses of contact persons for the conferrer and the conferee; (iii) The specific application for which application-specific allowances are to be conferred; (iv) The quantity (in MTEVe) of application-specific allowances being conferred; (v) The amount of unexpended application-specific allowances of the type and for the year being conferred that the conferrer holds under authority of this subpart as of the date the claim is submitted to EPA; (vi) A certification from the conferrer and the conferee stating that the regulated substances being acquired, produced, or imported are solely for an application listed in § 84.5(c)(2) and will not be resold for use in a different application or used in any other manufacturing process; and (vii) For the conferral of allowances for mission-critical military end uses, a conferral certificate number generated by the Department of Defense. (5) Confirmation of conferral. If the conferrer has sufficient application-specific allowances for the conferral, the conferral will occur and the relevant Agency official will issue a confirmation notice to both the conferrer and conferee documenting the conferral occurred. The relevant agency official will reduce the conferrer's balance of unexpended allowances by the quantity conferred. However, if EPA ultimately finds that the conferrer did not have sufficient unexpended allowances to cover the conferral or that the regulated substances produced or imported with conferred allowances are used for anything other than the specific application identified in the conferee's submittal and for the application those allowances were allocated for, the conferrer and conferee will be liable for any violations of the regulations of this subpart that occur as a result of, or in conjunction with, the improper conferral. (6) Recordkeeping. Entities who receive via allocation, transfer, or conferral of application-specific allowances, except for mission-critical military end uses, must maintain the following records for five years: (i) Records necessary to develop the biannual reports; (ii) A copy of certifications provided to entities when conferring and transferring allowances for application-specific use; (iii) A copy of confirmation notices when conferring allowances for application-specific use; (iv) A copy of the annual submission requesting application-specific allowances; (v) Invoices and order records related to the purchase of regulated substances; (vi) Records related to the transfer and conferral of application-specific allowances to other entities; and (vii) Records documenting how regulated substances acquired with application-specific allowances were used. (7) Recordkeeping—Mission-Critical Military End Uses. The Department of Defense must maintain the following records: (i) Records necessary to develop the biannual report; (ii) A copy of certifications provided to entities when conferring allowances for application-specific use; (iii) A copy of confirmation notices when conferring allowances for application-specific use; (iv) Invoices and order records related to the purchase of regulated substances; (v) Records documenting the conferral(s) of application-specific allowances to other entities up to and including the producer and or importer of the chemical; (vi) Records documenting the transfer of regulated substances to an agent or unit of the Department of Defense where the regulated substance will be used for mission-critical applications; and (vii) Copies of current and historical plans prescribed by the Office of the Secretary of Defense documenting internal Department of Defense monitoring and review procedures for accuracy. (i) Reclaimers. Persons (“reclaimers”) who reclaim regulated substances must comply with the following recordkeeping and reporting requirements: (1) One-time report. By February 14, 2022, any person who reclaims a regulated substance must provide a one-time report containing the following information: (i) The quantity of each regulated substance held in inventory as of December 31, 2021, broken out by whether the regulated substance is recovered, reclaimed, and virgin; (ii) The name of the laboratory that conducts batch testing and a signed statement from that laboratory confirming there is an ongoing business relationship with the reclaimer; (iii) The number of batches tested for each regulated substance or blend containing a regulated substance in the prior year; and (iv) The number of batches that did not meet the specifications in appendix A to 40 CFR part 82, subpart F in the prior year. (2) Quarterly reporting. Within 45 days after the end of each quarter, each reclaimer of a regulated substance must submit to the relevant Agency official a report containing the quantity of material (the combined mass of regulated substance and contaminants) by regulated substance sent to them for reclamation, the total mass of each regulated substance, and the total mass of waste products. (3) Annual reporting. Within 45 days after the end of the fourth quarter, each reclaimer of a regulated substance must submit to the relevant Agency official a report containing the quantity of each regulated substance held in inventory onsite as of December 31 broken out by whether the regulated substance is recovered, reclaimed, and virgin. (4) Recordkeeping. (i) Reclaimers must maintain records, by batch, of the results of the analysis conducted to verify that reclaimed regulated substance meets the necessary specifications in appendix A to 40 CFR part 82, subpart F (based on AHRI Standard 700-2016), including instrument calibration, sample testing data files, audit trail files, and results summaries of both sample test results and quality control test results that are in a form suitable and readily available for review. Such records must be maintained for five years. (ii) Reclaimers must maintain records of the names and addresses of persons sending them material for reclamation and the quantity of the material (the combined mass of regulated substance and contaminants) by regulated substance sent to them for reclamation. Such records must be maintained on a transactional basis for five years. (j) Fire suppressant recycling. Persons (“recycler”) who recycle regulated substances used as a fire suppressant must comply with the following recordkeeping and reporting requirements: (1) Quarterly reporting. Within 45 days after the end of each quarter, each recycler of a regulated substance used as a fire suppressant must submit to the relevant Agency official a report containing the quantity of material (the combined mass of regulated substance and contaminants) by regulated substance sent to them for recycling, the total mass of each regulated substance recycled, and the total mass of waste products. (2) Annual reporting. Within 45 days after the end of the fourth quarter, each recycler of a regulated substance used as a fire suppressant must submit to the relevant Agency official a report containing the quantity of each regulated substance held in inventory onsite broken out by recovered, recycled, and virgin. (3) Recordkeeping. (i) Recyclers must maintain records of the names and addresses of persons sending them material for recycling and the quantity of the material (the combined mass of regulated substance and contaminants) by regulated substance sent to them for recycling. Such records must be maintained on a transactional basis for five years. (ii) Recyclers must maintain dated records of batch tests of regulated substances packaged for sale or distribution, including instrument calibration, sample testing data files, audit trail files, and results summaries of both sample test results and quality control test results that are in a form suitable and readily available for review. (k) Repackagers. Persons who transfer regulated substances, either alone or in a blend from one container to another container prior to sale or distribution or offer for sale or distribution must comply with the following recordkeeping requirements: (1) Recordkeeping. Repackagers must maintain dated records of batch tests of regulated substances packaged for sale or distribution, including instrument calibration, sample testing data files, audit trail files, and results summaries of both sample test results and quality control test results that are in a form suitable and readily available for review. (2) [Reserved] (l) Holders of production for export allowances. Any person allocated production for export allowances must comply with the following recordkeeping and reporting requirements: (1) Quarterly reporting. Within 45 days after the end of each quarter, each holder of production for export allowances must submit to the relevant Agency official a report containing the following information: (i) The quantity (in exchange value equivalent) of production for export allowances expended for each regulated substance and the quantity (in kilograms) of each regulated substance produced for export; (ii) The quantity (in kilograms) of each regulated substance produced using production for export allowances that was exported; (iii) The quantity (in kilograms) of each regulated substance produced with production for export allowances held in inventory at the end of the quarter; (iv) Internal Transaction Numbers for all exports of regulated substances produced with production for export allowances; (v) The country or countries to which regulated substances produced using production for export allowances were exported. (2) Annual reporting. Within 45 days after the end of the fourth quarter, each holder of production for export allowances must submit to the relevant Agency official a report containing the following information: (i) In instances where the regulated HFCs produced using production for export allowances are sold directly to final foreign users, signed certifications by a responsible corporate officer from all foreign customers attesting that any regulated substances produced using production for export allowances will only be used in an application as listed in § 84.13(a). Each certification must include the name and address of the foreign entity, and a contact person's name, email address, and phone number; (ii) In instances where the regulated HFCs produced using production for export allowances are held at an intermediary prior to receipt by final foreign users, signed certifications by a responsible corporate officer from the intermediary attesting that any regulated substances produced using production for export allowances will only be used in an application as listed in § 84.13(a). Each certification must include the name and address of the foreign entity, and a contact person's name, email address, and phone number; and (iii) A description of how the use identified in the signed certifications from either the final foreign user or intermediary as appropriate, provided pursuant to paragraph (i) aligns with the applications as listed in § 84.13(a). (3) Recordkeeping. Entities who receive production for export allowances must maintain the following records for three years: (i) A copy of all certifications reported pursuant to paragraph (2)(i); and (ii) Records demonstrating due diligence undertaken to verify and ensure that all regulated substances produced with production for export allowances and exported are being used in an application as listed in § 84.13(a). (m) Purchasers of HFCs at a government auction. Any entity purchasing regulated substances at a government auction authorized by U.S. Customs and Border Protection must report such purchase to EPA as if they were an import consistent with the applicable provisions under this section, except for the following adjustments. (i) Quarterly reporting. The date that the regulated substances were released to the purchaser by U.S. Customs and Border Protection or an authorized agent acting consistent with direction from U.S. Customs and Border Protection must be reported as the date on which the regulated substances were imported for purposes of paragraph (c)(1)(v). Unless otherwise unavailable, all requirements of paragraph (c)(1) must be reported to EPA. If a data element is unavailable, the auction purchaser must contact EPA and state that fact in writing by the time they make their filed report. (ii) Recordkeeping. In addition to the records specified in paragraph (c)(2), the auction purchaser must maintain records of the auction purchase, including the accepted bid, confirmation of payment, certification by the entity that they expended allowances, container composition testing to verify the regulated substances contained within the cylinder, and all other final documentation of the auction purchase. Unless otherwise unavailable, all requirements of paragraph (c)(2) must be met. If a data element is unavailable, the auction purchaser must contact EPA and state that fact in writing by the time they make their filed report. (iii) Advance notification. The auction purchaser must report the information specified in paragraph (c)(7) electronically in a format specified by EPA within 30 calendar days and prior to the HFCs entering U.S. commerce. The requirement in paragraph (c)(7)(xvi) does not apply if a certificate of analysis is not available at the time of submitting the information in paragraph (c)(7). The entity must complete all required sampling and testing required in this subpart prior to sale in U.S. commerce and maintain such records consistent with 84.31. (n) Treatment of data submitted under 40 CFR part 84. (1) Except as otherwise provided in paragraph (i) of this section, 40 CFR 2.201 through 2.215 and 2.301 do not apply to data submitted under this part that EPA has determined through rulemaking to be either of the following: (i) Emission data, as defined in 40 CFR 2.301(a)(2), determined in accordance with section 114(c) and 307(d) of the Clean Air Act; or (ii) Data not otherwise entitled to confidential treatment. (2) Except as otherwise provided in paragraph (k)(4) of this section, 40 CFR 2.201 through 2.208 and 2.301(c) and (d) do not apply to data submitted under this part that EPA has determined through rulemaking to be entitled to confidential treatment. EPA shall treat that information as confidential in accordance with the provisions of 40 CFR 2.211, subject to paragraph (h)(4) of this section and 40 CFR 2.209. (3) Upon receiving a request under 5 U.S.C. 552 for data submitted under this part that EPA has determined through rulemaking to be entitled to confidential treatment, the relevant Agency official shall furnish the requestor a notice that the information has been determined to be entitled to confidential treatment and that the request is therefore denied. The notice shall include or cite to the appropriate EPA determination. (4) A determination made through rulemaking that information submitted under this part is entitled to confidential treatment shall continue in effect unless, subsequent to the confidentiality determination through rulemaking, EPA takes one of the following actions: (i) EPA determines through a subsequent rulemaking that the information is emission data or data not otherwise entitled to confidential treatment; or (ii) The Office of General Counsel issues a final determination, based on the requirements of 5 U.S.C. 552(b)(4), stating that the information is no longer entitled to confidential treatment because of change in the applicable law or newly discovered or changed facts. Prior to making such final determination, EPA shall afford the business an opportunity to submit comments on pertinent issues in the manner described by 40 CFR 2.204(e) and 2.205(b). If, after consideration of any timely comments submitted by the business, the Office of General Counsel makes a revised final determination that the information is not entitled to confidential treatment, the relevant agency official will notify the business in accordance with the procedures described in 40 CFR 2.205(f)(2)." 40:40:21.0.1.1.3.1.1.19,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.33 Auditing of recordkeeping and reporting.,EPA,,,"[86 FR 55221, Oct. 5, 2021, as amended at 89 FR 73592, Sept. 11, 2024]","(a) Any person producing, importing, exporting, reclaiming, or recycling for fire suppression a regulated substance, as well as any person receiving application-specific allowances, must arrange for annual third-party auditing of reports submitted to EPA except for persons receiving application-specific allowances for mission-critical military end uses. (b) For producers, importers, and exporters, auditors must review the inputs the regulated entities used to develop quarterly and annual reports including: (1) The amount of production and consumption allowances allocated; (2) The amount, timing, and parties to allowance transfers, and the associated documentation and offset amount; (3) Records documenting the amount of regulated substances imported, exported, produced, and destroyed, transformed, or sent to another entity for such purpose; (4) Records documenting any application-specific allowances allocated or conferred from other companies, including the amounts of allowances conferred, regulated substances purchased and/or sold, the specific application for which the regulated substances were provided, and the names, telephone numbers, and email addresses for contact persons for the recipient companies; (5) The date and the port from which regulated substances were imported or exported; (6) A copy of the bill of lading and the invoice indicating the quantity of regulated substances imported or exported; (7) Relevant Harmonized Tariff Schedule codes; (8) The number and type of railcars, ISO tanks, individual cylinders, drums, small cans, or other containers used to store and transport regulated substances; (9) The inventory of regulated substances as of the end of the prior calendar year; (10) A random sample (5 percent or 10, whichever is higher) of batch testing results; (11) All other reports submitted to EPA under this subpart. (c) For companies issued application-specific allowances by EPA, auditors must review the following: (1) Records documenting the amount of application-specific allowances allocated; (2) The amount, timing, and parties to allowance transfers, and the associated documentation and offset amount; (3) Records documenting any application-specific allowances conferred to or from other companies, including the amounts of allowances conferred, regulated substances purchased, the specific application for which the regulated substances were provided, and the names, telephone numbers, and email addresses for contact persons for the recipient companies; (4) Records documenting the total amount of regulated substances purchased for the application-specific end use, and the amount of regulated substances sold to another company for application-specific used; (5) Inventory of regulated substances at the end of the calendar year; and (6) All other reports submitted to EPA under this subpart. (d) For reclaimers and fire suppressant recyclers, auditors must review the following: (1) The quantity of regulated substances received for reclamation or recycling; (2) A random sample (5 percent or 10, whichever is higher) of records documenting the names and addresses of persons sending them material and the quantity of the material, measured in the combined mass of refrigerant and contaminants, by regulated substance to them; (3) Records documenting the quantity of regulated substances reclaimed; (4) All other reports submitted to EPA under this subpart. (e) An auditor must meet the following requirements: (1) The auditor must be a certified public accountant, or firm of such accountants, that is independent of the regulated person. Such an auditor must comply with the requirements for professional conduct, including the independence requirements, and the quality control requirements in 40 CFR 1090.1800(b)(1)(ii), as well as applicable rules of state boards of public accountancy. Such an auditor must also meet the requirements to perform an attestation engagement in 40 CFR 1090.1800(b)(1)(ii). (2) The auditor must meet the independence requirements in paragraph (f) of this section. (3) Any auditor suspended or debarred under 2 CFR part 1532 or 48 CFR part 9, subpart 9.4, is not qualified to perform attestation engagements under this section. (f) All reports required under this paragraph must be signed and certified as meeting all the applicable requirements of this subpart by the independent third-party auditor. The auditor must: (1) Attest that the information in the audit report is accurate; (2) Attest that the company submitted all required reports to the Agency or specify which reports are missing and provide an assessment on whether missing reports should have been submitted; and (3) Obtain a signed statement from a responsible corporate officer that all reports submitted to the EPA for the prior calendar year are complete and accurate. (g) The following provisions apply to each audit performed under this section: (1) The auditor must prepare a report identifying the applicable procedures specified in this section along with the auditor's corresponding findings for each procedure. The auditor must submit the report electronically to EPA by May 31 of the year following the compliance period. (2) The auditor must identify any instances where compared values do not agree or where specified values do not meet applicable requirements under this part. (3) Laboratory analysis refers to the original test result for each analysis of a product's properties. (4) For a reclaimer that relies on a third-party laboratory for batch testing, the laboratory analysis consists of the results provided by the third-party laboratory. (h) The independent third party, their contractors, subcontractors, and their organizations must be independent of the regulated party. All the criteria listed in paragraph (a) of this section must be met by each person involved in the specified activities in this section that the independent third party is hired to perform for a regulated party. (1) Employment criteria. No person employed by an independent third party, including contractor and subcontractor personnel, who is involved in a specified activity performed by the independent third party under the provisions of this section, may be employed, currently or previously, by the regulated party for any duration within the 12 months preceding the date when the regulated party hired the independent third party to provide services under this section. (2) Financial criteria. (i) The third-party's personnel, the third-party's organization, or any organization or individual that may be contracted or subcontracted by the third party must meet all the following requirements: (A) Have received no more than one-quarter of their revenue from the regulated party during the year prior to the date of hire of the third party by the regulated party for any purpose. (B) Have no interest in the regulated party's business. Income received from the third party to perform specified activities under this section is excepted. (C) Not receive compensation for any specified activity in this section that is dependent on the outcome of the specified activity. (ii) The regulated party must be free from any interest in the third-party's business. (iii) [Reserved] (iv) Department of Defense data and reports for application-specific allowances for mission-critical military end uses shall be subject to internal Department of Defense monitoring and review for accuracy as prescribed by the Office of the Secretary of Defense. The results of this review shall be reported electronically to EPA by May 31 of the year following the compliance period." 40:40:21.0.1.1.3.1.1.2,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.3 Definitions.,EPA,,,"[86 FR 55201, 55206, Oct. 5, 2021, as amended at 88 FR 46893, July 20, 2023; 88 FR 46894, July 20, 2023; 90 FR 41720, Aug. 26, 2025]","As used in this subpart, the term: Administrator means the Administrator of the United States Environmental Protection Agency or his or her authorized representative. Allowance means a limited authorization for the production or consumption of a regulated substance established under subsection (e) of section 103 in Division S, Innovation for the Environment, of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260) (the AIM Act). An allowance allocated under subsection (e) of section 103 in Division S of the AIM Act does not constitute a property right. Application-specific allowance means a limited authorization granted in accordance with subsection (e)(4)(B)(iv) of the AIM Act for the production or import of a regulated substance for use in the specifically identified applications that are listed in that subsection and in accordance with the restrictions contained at § 84.5(c). An application-specific allowance does not constitute a property right. Batch means a vessel, container, or cylinder from which a producer, importer, reclaimer, recycler, or repackager transfers regulated substances directly for sale or distribution, or for repackaging for sale or distribution; or a population of small vessels, containers, or cylinders with the same nominal composition that a producer, importer, reclaimer, recycler, or repackager directly offers for sale or distribution. Berth means to moor a ship in its allotted place at a wharf or dock. Bulk means a regulated substance of any amount that is in a container for the transportation or storage of that substance such as cylinders, drums, ISO tanks, and small cans. A regulated substance that must first be transferred from a container to another container, vessel, or piece of equipment in order to realize its intended use is a bulk substance. A regulated substance contained in a manufactured product such as an appliance, an aerosol can, or a foam is not a bulk substance. Certificate of analysis means a document that certifies the contents of an import meets the nominal composition following sampling and testing requirements prescribed in § 84.5(i)(3) for the appropriate regulated substance or blend of regulated substances. Chemical vapor deposition chamber cleaning means, in the context of semiconductor manufacturing, a process type in which chambers used for depositing thin films are cleaned periodically using plasma-generated fluorine atoms and other reactive fluorine-containing fragments. Commonly owned: An entity that is related to another entity by a shared individual natural person(s), where either: (1) There is at least a single individual that owns 30 percent or more of each entity; or (2) Individuals that share a direct family relationship (parent, child, sibling, or spouse) own a majority of each entity. Confer means to shift unexpended application-specific allowances obtained in accordance with subsection (e)(4)(B)(iv) of the AIM Act from the end user allocated such allowances to one or more entities in the supply chain for the production or import of a regulated substance for use by the end user. Consumption, with respect to a regulated substance, means production plus imports minus exports. Consumption allowances means a limited authorization to produce and import regulated substances; however, consumption allowances may be used to produce regulated substances only in conjunction with production allowances. A person's consumption allowances are the total of the allowances obtained under § 84.11 or § 84.15 as may be modified under §§ 84.17 (availability of additional consumption allowances), 84.19 (transfer of allowances), and 84.35 (administrative consequences). Defense spray means an aerosol-based spray used for self-defense, including pepper spray and animal sprays, and containing the irritant capsaicin and related capsaicinoids (derived from oleoresin capsicum), an emulsifier, and an aerosol propellant. Destruction means the expiration of a regulated substance to the destruction and removal efficiency actually achieved. Such destruction might result in a commercially useful end product, but such usefulness would be secondary to the act of destruction. Etching means, in the context of semiconductor manufacturing, a process type that uses plasma-generated fluorine atoms and other reactive fluorine-containing fragments that chemically react with exposed thin films ( e.g., dielectric, metals) or substrate ( e.g., silicon) to selectively remove portions of material. This includes semiconductor production processes using fluorinated GHG reagents to clean wafers. Exchange value means the value assigned to a regulated substance in accordance with AIM Act subsections (c) and (e), as applicable, and as provided in appendix A to this part. Exchange value equivalent (EVe) means the exchange value-weighted amount of a regulated substance obtained by multiplying the mass of a regulated substance by the exchange value of that substance. Expend means to subtract the number of allowances required for the production or import of regulated substances under this part from a person's unexpended allowances. Export means the transport from inside the United States or its territories to persons outside the United States or its territories, excluding United States military bases and ships for onboard use. Exporter means the person who contracts to sell regulated substances for export or transfers regulated substances to his affiliate in another country. Facility means one or more production lines at the same location owned by or under common control of the same person. Final customer means the last person to purchase a bulk regulated substance before its intended use. Final customer includes, but is not limited to, air conditioning contractors in the residential air conditioning market, foam systems houses, aerosol fillers, semiconductor manufacturers, air conditioning and refrigeration equipment manufacturers that ship equipment pre-charged, and fire extinguisher manufacturers. Fire suppressant recycler means, generally, an entity that collects used HFC fire suppressants and directly resells those collected and aggregated HFCs—with or without any additional reprocessing—to another entity for reuse as a fire suppressant (also referred to as a “recycler for fire suppression” in this subpart). An entity that collects and aggregates used HFC fire suppressants for distribution to another entity for reprocessing before being sold for reuse as a fire suppressant would not be a fire suppressant recycler. An entity that resells HFC fire suppressants that have already been reprocessed for use as a fire suppressant by another entity would not be a fire suppressant recycler. Foreign country means an entity that is recognized as a sovereign nation or country other than the United States of America. Healthcare system need means circumstances where an increase in demand for MDIs used to treat asthma, chronic obstructive pulmonary disease, and other respiratory diseases may occur because of a change in market conditions that otherwise would not be included in calculated rates of growth. Heel means the amount of a regulated substance that remains in a container after the container is discharged or offloaded (that is no more than 10 percent of the volume of the container). Import means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, regardless of whether that landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. Offloading used regulated substances recovered from equipment aboard a marine vessel, aircraft, or other aerospace vehicle during servicing is not considered an import. Importer means any person who imports a regulated substance into the United States. “Importer” includes the person primarily liable for the payment of any duties on the merchandise or an authorized agent acting on his or her behalf. The term also includes: (1) The consignee; (2) The importer of record; (3) The actual owner; or (4) The transferee, if the right to draw merchandise in a bonded warehouse has been transferred. Individual shipment means the kilograms of a regulated substance for which a person may make one (1) U.S. Customs entry, as identified in the non-objection notice obtained from the relevant Agency official in accordance with § 84.25. Laboratory testing means the use of the sampling and testing methodology prescribed in § 84.5(i)(3) by a laboratory that is accredited to ISO 17025 in accordance with ISO/IEC 17025:2017(E) (incorporated by reference, see § 84.37), or certified under the AHRI Refrigerant Testing Laboratory Certification Program in accordance with the AHRI RTL OM and AHRI General OM (both incorporated by reference, see § 84.37), or recognized under OSHA's Nationally Recognized Testing Laboratory program in accordance with requirements codified at 29 CFR 1910.7. Majority owned means when a corporate entity has at least a fifty percent stake in another entity. Metered dose inhaler (MDI) means a handheld pressurized inhalation system that delivers small, precisely measured therapeutic doses of medication directly to the airways of a patient. MDIs treat health conditions such as asthma and chronic obstructive pulmonary disease and are approved for such use by the U.S. Food and Drug Administration (FDA). Mission-critical military end uses means those uses of regulated substances by an agency of the Federal Government responsible for national defense that have a direct impact on mission capability, as determined by the U.S. Department of Defense, including, but not limited to uses necessary for development, testing, production, training, operation, and maintenance of Armed Forces vessels, aircraft, space systems, ground vehicles, amphibious vehicles, deployable/expeditionary support equipment, munitions, and command and control systems. Non-objection notice means the limited authorization granted by the relevant Agency official to import a specific individual shipment of a regulated substance in accordance with § 84.25. On board aerospace fire suppression means use of a regulated substance in fire suppression equipment used on board commercial and general aviation aircraft, including commercial-derivative aircraft for military use; rotorcraft; and space vehicles. On board commercial aviation fire suppression systems are installed throughout mainline and regional passenger and freighter aircraft, including engine nacelles, auxiliary power units (APUs), lavatory trash receptacles, baggage/crew compartments, and handheld extinguishers. Person means any individual or legal entity, including an individual, corporation, partnership, association, state, municipality, political subdivision of a state, Indian tribe; any agency, department, or instrumentality of the United States; and any officer, agent, or employee thereof. Process agent means the use of a regulated substance to form the environment for a chemical reaction or inhibiting an unintended chemical reaction ( e.g., use as a solvent, catalyst, or stabilizer) where the regulated substance is not consumed in the reaction, but is removed or recycled back into the process and where no more than trace quantities remain in the final product. A feedstock, in contrast, is consumed during the reaction. Production/Produce means the manufacture of a regulated substance from a raw material or feedstock chemical (but not including the destruction of a regulated substance by a technology approved by the Administrator as provided in § 84.29). The term production does not include: (1) The manufacture of a regulated substance that is used and entirely consumed (except for trace quantities) in the manufacture of another chemical; (2) The reclamation, reuse, or recycling of a regulated substance; or (3) Insignificant quantities of a regulated substance inadvertently or coincidentally generated from any of the following, independent circumstances: during a chemical manufacturing process, resulting from unreacted feedstock, from the listed substance's use as a process agent present as a trace quantity in the chemical substance being manufactured, as an unintended byproduct of research and development applications, or during semiconductor manufacturing processes. Production allowances means the limited authorization to produce regulated substances; however, production allowances may be used to produce regulated substances only in conjunction with consumption allowances. A person's production allowances are the total of the allowances obtained under § 84.9 or § 84.15 as may be modified under §§ 84.19 (transfer of allowances) and 84.35 (administrative consequences). Production line means any process equipment ( e.g., reactor, distillation column) used to convert raw materials or feedstock chemicals into regulated substances or consume regulated substances in the production of other chemicals. Reclaim means the reprocessing of regulated substances to all of the specifications in appendix A to 40 CFR part 82, subpart F (based on AHRI Standard 700-2016) that are applicable to that regulated substance and to verify that the regulated substance meets these specifications using the analytical methodology prescribed in section 5 of appendix A to 40 CFR part 82, subpart F. Regulated substance means a hydrofluorocarbon listed in the table contained in subsection (c)(1) of the AIM Act and a substance included as a regulated substance by the Administrator under the authority granted in subsection (c)(3). A current list of regulated substances can be found in appendix A to this part. Repackagers means entities who transfer regulated substances, either alone or in a blend, from one container to another container prior to sale or distribution or offer for sale or distribution. An entity that services system cylinders for use in fire suppression equipment and returns the same regulated substances to the same system cylinder it was recovered from after the system cylinder is serviced is not a repackager. Representative sample means a sample collected from a container offered for sale or distribution using a sampling method that obtains all components of regulated substance(s) in an unbiased and precise manner; and a sample that can be used to infer that the composition of regulated substance(s) in a population of containers offered for sale or distribution that constitute, or are derived from, the batch, are within stated tolerances. Responsible corporate officer means a person who is authorized by the regulated entity to make representations on behalf of, or obligate the company as ultimately responsible for, any activity regulated under 40 CFR part 84, subpart A. Responsible official means a person who is authorized by the regulated entity to make representations on behalf of, or obligate the company as ultimately responsible for, any activity regulated under 40 CFR part 84, subpart A. Space vehicle means a man-made device, either manned or unmanned, designed for operation beyond Earth's atmosphere. This definition includes integral equipment such as models, mock-ups, prototypes, molds, jigs, tooling, hardware jackets, and test coupons. Also included is auxiliary equipment associated with tests, transport, and storage, which through contamination can compromise the space vehicle performance. Structural composite preformed polyurethane foam means a foam blown from polyurethane that is reinforced with fibers and with polymer resin during the blowing process, and is preformed into the required shape ( e.g., specific boat or trailer design) to increase structural strength while reducing the weight of such structures. Transform means to use and entirely consume (except for trace quantities) a controlled substance in the manufacture of other chemicals. A regulated substance that is used and entirely consumed (except for trace quantities) in the manufacture of another chemical is called a feedstock. Transhipment means the continuous shipment of a regulated substance, from a foreign country of origin through the United States or its territories, to a second foreign country of final destination, as long as the shipment does not enter U.S. commerce. A transhipment, as it moves through the United States or its territories, cannot be repackaged, sorted, or otherwise changed in condition. Used regulated substances means regulated substances that have been recovered from their intended use systems (including regulated substances that have been, or may be subsequently, recycled or reclaimed)." 40:40:21.0.1.1.3.1.1.20,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.35 Administrative consequences.,EPA,,,"[86 FR 55221, Oct. 5, 2021]","(a) The relevant agency official may retire, revoke, or withhold the allocation of allowances, or ban a company from receiving future allowance allocations, using the process outlined in paragraph (b) of this section. Applying an administrative consequence to retire, revoke, or withhold allocation of allowances does not, in any way, limit the ability of the United States to exercise any other authority to bring an enforcement action under any applicable law or regulation. (b) The relevant agency official will provide a company notice if the Agency intends to retire, revoke, or withhold allocation of allowances, or ban the company from receiving future allowance allocations. The notice will specify the conduct leading to the administrative consequence and what the consequence will be. The relevant agency official will provide such notice no less than 30 days before the impending consequence. (1) After the relevant agency official provides notice of an impending administrative consequence, the company for which such consequence is pending may not expend, transfer, or confer any allowances. (2) Any company receiving such a notification may provide information or data to EPA on why the administrative consequence should not be taken within 14 days of the date of the EPA's notice. (3) If EPA does not receive a response within 14 days of the date of the Agency notice of impending administrative consequence, the administrative consequences will be effective on the date specified in the notice." 40:40:21.0.1.1.3.1.1.21,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.37 Incorporation by reference.,EPA,,,"[88 FR 46898, July 20, 2023, as amended at 88 FR 46898, July 20, 2023]","Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at EPA and at the National Archives and Records Administration (NARA). Contact EPA at: U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC, 202-566-1742. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material also may be obtained from the following sources. (a) Air-Conditioning, Heating, and Refrigeration Institute (AHRI), 2311 Wilson Boulevard, Suite 400, Arlington, VA 22201; phone: 703.524.8800; website: www.ahrinet.org. (1) 2008 Appendix C to AHRI Standard 700-2014, 2008 Appendix C for Analytical Procedures for AHRI Standard 700-2014—Normative, copyright 2008; into § 84.5(i). (2) AHRI RTL OM December 2019, Refrigerant Testing Laboratory Certification Program Operations Manual, copyright 2019; IBR approved for § 84.3. (3) AHRI General OM—January 2023, General Operations Manual, copyright 2022; IBR approved for § 84.3. (b) ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428; phone: 610.832.9500; email: service@astm.org; website: www.astm.org/. (1) ASTM D6064-11 (reapproved 2022), Standard Specification for HFC-227ea, 1,1,1,2,3,3,3-Heptafluoropropane (CF 3 CHFCF 3 ), approved November 1, 2022; IBR approved for § 84.5(i). (2) ASTM D6231/D6231M-21, Standard Specification for HFC-125 (Pentafluoroethane, C2HF5), approved June 1, 2021; IBR approved for § 84.5(i). (3) ASTM D6541-21, Standard Specification for HFC-236fa, 1,1,1,3,3,3-Hexafluoropropane, (CF3CH2CF3), approved June 1, 2021; IBR approved for § 84.5(i). (4) ASTM D6806-02 (reapproved 2022), Standard Practice for Analysis of Halogenated Organic Solvents and Their Admixtures by Gas Chromatography, approved May 1, 2022; IBR approved for § 84.5(i). (c) International Organization for Standardization (ISO), Chemin de Blandonnet 8, CP 401—1214 Vernier, Geneva, Switzerland; tel.: + 41 22 749 01 11; fax: + 41 22 733 34 30; email: central@iso.org; website: www.iso.org. (1) ISO/IEC 17025:2017(E), “General requirements for the competence of testing and calibration laboratories”, Third Edition, published November 2017; IBR approved for § 84.3. (2) [Reserved]" 40:40:21.0.1.1.3.1.1.3,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.5 Prohibitions relating to regulated substances.,EPA,,,"[86 FR 55206, Oct. 5, 2021, as amended at 88 FR 46894, July 20, 2023; 89 FR 73592, Sept. 11, 2024; 90 FR 41721, Aug. 26, 2025]","(a) Production. (1) As of January 1, 2022, no person may produce regulated substances, intentionally or unintentionally, in excess of the quantity of unexpended production allowances and consumption allowances, unexpended production for export allowances, or unexpended application-specific allowances held by that person under the authority of this subpart at that time in that control period. Every kilogram of production in excess of allowances expended constitutes a separate violation of this subpart. The required amount of allowances that must be expended will be calculated to the tenth with a minimum expenditure of 0.1 allowances for any production of regulated substances. (2) As of January 1, 2022, no person may expend production allowances to produce a quantity of regulated substances unless that person expends an equal quantity of consumption allowances at the same time. (3) A person is not required to expend production, consumption, or application-specific allowances to produce regulated substances if the regulated substances are destroyed using a technology approved by the Administrator for destruction under § 84.29 within 30 days of generating the regulated substance if the destruction technology is located at the facility where production occurred or 120 days of generating the regulated substance if the destruction technology is not located at the facility where production occurred. (4) No person may expend production or consumption allowances for generation of HFC-23 that is emitted at the same facility as where it is produced. Consistent with this prohibition, prior to the emissions standard compliance date established in § 84.27, neither production nor consumption allowances are required for HFC-23 emitted at the same facility as where it is produced. (b) Import. This paragraph applies starting January 1, 2022. (1) No person may import bulk regulated substances, either as a single component or a multicomponent substance, except: (i) If the importer of record possesses at the time they are required to submit reports to EPA pursuant to § 84.31(c)(7), and expends at the time of ship berthing for vessel arrivals, border crossing for land arrivals such as trucks, rails, and autos, and first point of terminus in U.S. jurisdiction for arrivals via air, consumption or application-specific allowances in a quantity equal to the exchange-value weighted equivalent of the regulated substances imported, whether present as a single component or a multicomponent blend. The required amount of allowances must be calculated to the tenth, but a minimum expenditure of 0.1 allowances is required for any import of regulated substances; (ii) After receipt of a non-objection notice for substances for use in a process resulting in their transformation or their destruction in accordance with § 84.25(a); (iii) After receipt of a non-objection notice for used regulated substances imported for destruction in accordance with § 84.25(b); (iv) As a transhipment in accordance with § 84.31(c)(3) if all transhipped regulated substance is exported from the United States within six months of its import; or (v) All imports pursuant to paragraph (b)(1)(i) or (ii) of this section must be physically accompanied by a certificate of analysis, if the certificate of analysis has not been electronically submitted pursuant to § 84.31(c)(7)(xvi). (2) No person may attempt to land bulk regulated substances on, bring regulated substances into, or introduce regulated substances into, any place subject to the jurisdiction of the United States without meeting one of the categories set forth in § 84.5(b)(1). (3) Each person meeting the definition of importer for a particular regulated substance import transaction is jointly and severally liable for a violation of paragraph (b)(1) of this section, unless they can demonstrate that the importer of record possessed and expended allowances in accordance with the requirement outlined in paragraph (b)(1)(i) or (v) of this section or another party who meets the definition of an importer met one of the exceptions set forth in paragraphs (b)(1)(ii) through (iv) of this section. (4) Imports authorized under paragraph (b)(1)(ii) of this section may not be in containers designed to hold 100 pounds or less of a regulated substance. (5) A person issued a non-objection notice for the import of an individual shipment of regulated substances under paragraph (b)(1)(ii) or (iii) of this section may not transfer or confer the right to import. (6) No person may introduce into U.S. commerce any regulated substance claimed as a transhipment. (7) Every kilogram of bulk regulated substances imported contrary to this paragraph (b) constitutes a separate violation of this subpart. Import of less than one kilogram of bulk regulated substance contrary to this paragraph (b) constitutes a separate violation of this subpart. (c) Application-specific uses. (1) As of January 1, 2022, no person may confer application-specific allowances for the production or import of a regulated substance in excess of the amount of unexpended application-specific allowances held by that person under the authority of this subpart at that time in that control period. No person may expend an application-specific allowance for regulated substances to be used in any application other than the one identified by the application-specific allowance expended. Every kilogram of production or import in excess of the application-specific allowances expended by the producer or importer constitutes a separate violation of this subpart. Production or import of less than one kilogram of regulated substance in excess of the application-specific allowances expended by the producer or importer constitutes a separate violation of this subpart. (2) No person may use a regulated substance produced or imported by expending application-specific allowances for any purpose other than those for which the application-specific allowance was allocated, and as set forth in this paragraph (c). Application-specific allowances are apportioned to a person under §§ 84.13 and 84.15 for the production or import of regulated substances solely for the individual application listed on the allowance. (3) This provision applies starting January 1, 2022. (i) No person may acquire application-specific allowances unless for use in the same application as associated with the application-specific allowance. No person may transfer or confer application-specific allowances unless for use in the same application as associated with the application-specific allowance. (ii) No person may acquire or sell regulated substances produced or imported using application-specific allowances for use in anything other than the application for which it was originally allocated. Every kilogram of a regulated substance imported or exported in contravention of this paragraph constitutes a separate violation of this subpart. Import or export of less than one kilogram of regulated substance in contravention of this paragraph constitutes a separate violation of this subpart. (d) Calendar-year allowances. All production, consumption, production for export, and application-specific allowances may only be expended for production or import occurring in the calendar year for which the allowances are allocated ( i.e., January 1 through December 31). No person may expend, transfer, or confer a production, consumption, production for export, or application-specific allowance after December 31 of the year for which it was issued. Entities may transfer or confer their production, consumption, or application-specific allowances before January 1 of the calendar year for which the allowances were allocated. (e) International transfers. This paragraph applies starting January 1, 2022. (1) No person subject to the requirements of this subpart may transfer a production allowance to a person in a foreign country unless that country has established the same or similar requirements or otherwise undertaken commitments regarding the production and consumption of regulated substances as are contained in the AIM Act, as determined by the relevant agency official. (2) No person may transfer production allowances to or from a person in a foreign country without satisfying the requirements in § 84.19. Every production allowance transferred in contravention of this paragraph constitutes a separate violation of this subpart. (f) Sale and distribution. No person may sell or distribute, or offer for sale or distribution, any regulated substance that was produced or imported in violation of paragraphs (a) through (d) of this section, except for such actions needed to re-export the regulated substance or if the regulated substance was purchased at a government auction authorized by the United States Customs and Border Protection and consumption allowances were expended in the requisite quantity to cover the regulated substances at issue. Every kilogram of a regulated substance sold or distributed, or offered for sale or distribution, in contravention of this paragraph constitutes a separate violation of this subpart. Sale or distribution, or offer for sale or distribution, of less than one kilogram of regulated substance in contravention of this paragraph constitutes a separate violation of this subpart. (g) False information. No person may provide false, inaccurate, or misleading information to the EPA when petitioning, reporting, or for any communication required under this subpart. (h) [Reserved] (i) Labeling. (1) As of January 1, 2022, no person may sell or distribute, offer for sale or distribution, or import containers containing a regulated substance that lacks a label or other permanent markings stating the common name(s), chemical name(s), or ASHRAE designation of the regulated substance(s) or blend contained within, and the percentages of the regulated substances if a blend. The label or other permanent markings must be: (i) Durable and printed or otherwise labeled on, or affixed to, the external surface of the bulk regulated substance container; (ii) Readily visible and legible; (iii) Able to withstand open weather exposure without a substantial reduction in visibility or legibility; (iv) Displayed on a background of contrasting color; and (v) If a container of a regulated substance is contained within a box or other overpack, the exterior packaging must contain legible and visible information of what regulated substance is contained within. (2) No person other than the importer of record may repackage or relabel regulated substances that were initially unlabeled or mislabeled. In order to repackage the regulated substances, the importer of record must either: (i) Expend consumption allowances equal to the amount of allowances that would be required if each cylinder were full of HFC-23; or (ii) Verify the contents with independent laboratory testing results and affix a correct label on the container that matches the lab-verified test results before the date of importation (consistent with the definition at 19 CFR 101.1) of the container. (3)(i) No person producing, importing, exporting, reclaiming, recycling for fire suppression, or repackaging regulated substances, whether as a single or multicomponent substance, may sell or distribute, or offer for sale or distribution, those regulated substances without first conducting laboratory testing of a representative sample of the regulated substances that they are producing, importing, exporting, reclaiming, recycling for fire suppression, or repackaging to verify that the composition of the regulated substance(s) matches the container labeling using the sampling and testing methodology prescribed in appendix A to 40 CFR part 82, subpart F for regulated substances offered for sale and distribution as refrigerants and using the following sampling and testing method for regulated substances offered for non-refrigerant uses: Table 1 to Paragraph (i)(3)(i) Non-Refrigerant Regulated Substance Sampling and Testing Methods 1 Only applicable portions of section 8 as specified here are required. Canisters may be used in place of bags for the purposes of these requirements. A sampling and analysis procedure under section 8.2 which provides for a representative sample is required (while section 8.2.1.5 is likely most appropriate, other procedures may be acceptable). Sections 8.4.1, 8.4.2.1, and 8.4.2.2 are required. 2 “Dry basis” concentrations do not need to be recorded. 3 ASTM D6064-11 (reapproved 2022), Standard Specification for HFC-227ea, 1,1,1,2,3,3,3-Heptafluoropropane (CF3CHFCF3) (incorporated by reference in § 84.37) may be used as an alternative for non-refrigerant regulated substances offered for fire suppression use. 4 ASTM D6231/D6231M-21, Standard Specification for HFC-125 (Pentafluoroethane, C2HF5) (incorporated by reference in § 84.37) and ASTM D6541-21 Standard Specification for HFC-236fa, 1,1,1,3,3,3-Hexafluoropropane, (CF3CH2CF3), (incorporated by reference in § 84.37) reference ASTM D6806 and may be used as an alternative for non-refrigerant regulated substances offered for fire suppression use. (ii) No person may sell or distribute, or offer for sale or distribution, regulated substances, whether as a single or multicomponent substance, as a refrigerant (except if recovered from and recycled for use in motor vehicle air conditioning or motor vehicle air conditioning-like appliances in accordance with 40 CFR part 82, subpart B) that do not meet the specifications in appendix A to 40 CFR part 82, subpart F—Specifications for Refrigerants, or, if not listed therein, appendix A1 to 40 CFR part 82, subpart F. For persons who are producing, importing, reclaiming, recycling for fire suppression, or repackaging regulated substances, the applicable specifications must be verified using laboratory testing and the sampling and testing methodology prescribed in appendix A to 40 CFR part 82, subpart F. (j) Relationship to other laws. Section (k) of the AIM Act states that sections 113, 114, 304, and 307 of the Clean Air Act (42 U.S.C. 7413, 7414, 7604, 7607) shall apply to this section and any rule, rulemaking, or regulation promulgated by the Administrator pursuant to this section as though this section were expressly included in title VI of that Act (42 U.S.C. 7671 et seq. ). Violation of this part is subject to Federal enforcement and the penalties laid out in section 113 of the Clean Air Act. (k) Production for export allowances. No person may use a regulated substance produced by expending production for export allowances for any purpose other than those for which the production for export allowance was allocated, aligning with the applications as listed in § 84.13(a)." 40:40:21.0.1.1.3.1.1.4,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.7 Phasedown schedule.,EPA,,,"[86 FR 55201, Oct. 5, 2021, as amended at 88 FR 44225, July 12, 2023; 88 FR 46895, July 20, 2023]","(a) Phasedown from baseline. Total production and consumption of regulated substances in the United States in each year cannot exceed the amounts (shown as a percentage of baseline) in the following table: (b) Annual production and consumption limits. (1) The production baseline for regulated substances is 382,535,439 metric tons of exchange value equivalent. (2) The consumption baseline for regulated substances is 302,538,316 metric tons of exchange value equivalent. (3) Total production and consumption in metric tons of exchange value equivalent for regulated substances in the United States in each year is derived by multiplying the production baseline or consumption baseline by the percentage in paragraph (a) of this section. Total production and consumption allowances issued under this subpart may not exceed the quantities shown in the following table: Table 2 to Paragraph ( b )(3)" 40:40:21.0.1.1.3.1.1.5,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.9 Allocation of calendar-year production allowances.,EPA,,,"[86 FR 55201, Oct. 5, 2021, as amended at 88 FR 46895, July 20, 2023; 90 FR 41721, Aug. 26, 2025]","(a) The relevant agency official will issue, through a separate notification, calendar year 2022 and 2023 production allowances to entities that produced a regulated substance in 2020. The number of production allowances allocated to each eligible entity for 2022-2023 is calculated as follows: (1) Take the average of the three highest annual exchange value-weighted production amounts that each eligible entity reported to the agency for calendar years 2011 through 2019; (2) Sum the “average high year” values determined in step 1 of all eligible entities and determine each entity's percentage of that total; (3) Determine the amount of general pool production allowances by subtracting the quantity of application-specific allowances for that year as determined in accordance with § 84.13 and the set-aside in § 84.15 from the production cap in § 84.7(b)(3); (4) Determine individual entities' production allowance quantities by multiplying each entity's percentage determined in step 2 by the amount of general pool allowances determined in step 3. (b) Starting with the allocation of 2024 calendar years allowances, the relevant Agency official will issue, through a separate notification, calendar year production allowances to entities that produced a regulated substance in 2021 or 2022, or both 2021 and 2022. The allocation of calendar years 2024, 2025, 2026, 2027, and 2028 production allowances is calculated as follows for each entity: (1) Take the average of the three highest annual exchange value-weighted production amounts that each eligible entity reported to the Agency for calendar years 2011 through 2019. If an entity, or commonly owned or controlled group of entities, does not have consumption amounts for three years between calendar years 2011 through 2019, the relevant Agency official will take the average of available year(s) of consumption for calendar years 2011 through 2019; (2) Sum every entity's average values determined in paragraph (b)(1) of this section and determine each entity's percentage of that total; (3) Determine the amount of general pool production allowances by subtracting the quantity of application-specific allowances for that year as determined in accordance with § 84.13 and 3,000.0 MTEVe allowances to be allocated pursuant to § 84.18, from the production cap in § 84.7(b)(3); and (4) Determine individual entities' production allowance quantities by multiplying each entity's percentage determined in paragraph (b)(2) of this section by the amount of general pool allowances determined in paragraph (b)(3) of this section. (c) Starting with the allocation of 2026 calendar year allowances, the relevant Agency official will withhold 1,000,000 MTEVe of production allowances. If there are remaining production allowances after distribution from the set-aside under § 84.15, the relevant agency official will distribute such allowances pro rata to all entities receiving production allowances in that calendar year. (d)(1) EPA will allocate calendar year production allowances to individual entities by October 1 of the calendar year prior to the year in which the allowances may be used based on the exchange value-weighted quantities calculated in paragraph (a)(4) of this section. (2) EPA will provide public notice of the list of companies receiving production allowances as well as the quantities they will be allocated by that date. (3) In addition to the procedure in paragraph (a) of this section, the relevant agency official will allocate calendar year production allowances to entities that qualified for allowances under § 84.15. (4) If there are remaining production allowances after distribution from the set-aside under § 84.15, the relevant agency official will distribute such allowances on a pro rata basis to the entities in paragraph (a) of this section by March 31 of the calendar year in which the allowances may be used." 40:40:21.0.1.1.3.1.1.6,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.11 Allocation of calendar-year consumption allowances.,EPA,,,"[86 FR 55201, Oct. 5, 2021, as amended at 88 FR 46896, July 20, 2023; 90 FR 41721, Aug. 26, 2025]","(a) The relevant agency official will issue, through a separate notification, calendar years 2022 and 2023 consumption allowances to entities that imported or produced a bulk regulated substance in 2020, unless an individual accommodation is permitted by a relevant Agency official. If multiple entities that imported are related through shared corporate or common ownership or control, the relevant agency official will calculate and issue allowances to a single corporate or common owner. The number of consumption allowances allocated to each eligible entity for 2022-2023 is calculated as follows: (1) Take the average of the three highest annual exchange value-weighted consumption amounts chosen at the corporate or common ownership level for eligible entities reporting to the agency for each calendar year 2011 through 2019; (2) Sum the “average high year” values determined in step 1 of all eligible entities and determine each entity's percentage of that total; (3) Determine the amount of general pool consumption allowances by subtracting the quantity of application-specific allowances for that year as determined in accordance with § 84.13 and the set-aside in § 84.15 from the consumption cap § 84.7(b)(3); (4) Determine individual entity consumption allowance quantities by multiplying each entity's percentage determined in step 2 by the amount of general pool allowances determined in step 3. (b) Starting with the allocation of 2024 calendar years allowances the relevant Agency official will issue, through a separate notification, calendar year consumption allowances. The allocation of calendar year 2024, 2025, 2026, 2027, and 2028 consumption allowances is calculated as follows for each entity: (1) For new market entrants that were allocated allowances pursuant to § 84.15(e)(3), take the allowances allocated for calendar year 2023 and divide that value by the proportion of calendar year 2023 consumption allowances received by general pool allowance holders pursuant to paragraph (a) of this section relative to their high three average calculated pursuant to paragraph (a)(2) of this section; (2) For entities that produced or imported a regulated substance in 2021 or 2022, or both 2021 and 2022, and have not been allocated allowances pursuant to § 84.15(e)(3), the relevant Agency official will calculate and issue allowances. This calculation and issuance will be to a single entity if multiple entities with historic consumption data are related through shared corporate or common ownership. The relevant Agency official will take the average of the three highest annual exchange value-weighted consumption amounts, which for entities related through shared corporate or common ownership or control would be aggregated and averaged at the corporate or common ownership level, that each eligible entity reported to the Agency for calendar years 2011 through 2019. If an entity, or commonly owned or controlled group of entities, does not have consumption amounts for three years between calendar years 2011 through 2019, the relevant Agency official will take the average of available year(s) of consumption for calendar years 2011 through 2019; (3) If an entity has a value calculated under paragraphs (b)(1) and (b)(2) of this section, take the single higher value; (4) If an entity allocated allowances pursuant to § 84.15(e)(3) was acquired by an entity that has a market share calculable under paragraph (b)(2) of this section, and EPA has approved this acquisition, sum the value calculated under paragraph (b)(1) of this section for the entity allocated allowances pursuant to § 84.15(e)(3) with the value calculated under paragraph (b)(2) of this section disregarding any historic consumption activity by the entity allocated allowances pursuant to § 84.15(e)(3), except this paragraph (b)(4) shall not apply to an entity allocated allowances pursuant to § 84.15(e)(3) that has a higher value calculated under paragraph (b)(2) of this section than under paragraph (b)(1) of this section; (5) Sum every entity's values as determined in paragraphs (b)(1), (2), (3), and (4) of this section and determine each entity's percentage of that total; (6) Determine the amount of general pool consumption allowances by subtracting the quantity of application-specific allowances for that year as determined in accordance with § 84.13 from the consumption cap in § 84.7(b)(3); and (7) Determine individual entities' consumption allowance quantities by multiplying each entity's percentage determined in paragraph (b)(5) of this section by the amount of general pool allowances determined in paragraph (b)(6) of this section. (c) Starting with the allocation of 2026 calendar year allowances, the relevant Agency official will withhold 1,000,000 MTEVe of consumption allowances. If there are remaining consumption allowances after distribution from the set-aside under § 84.15, the relevant agency official will distribute such allowances to all entities receiving consumption allowances in that calendar year. (d)(1) EPA will allocate calendar year consumption allowances to individual entities by October 1 of the calendar year prior to the year in which the allowances may be used based on the exchange value-weighted quantities calculated in paragraph (a)(4) of this section. (2) EPA will provide public notice of the list of companies receiving consumption allowances as well as how they will be allocated by that date." 40:40:21.0.1.1.3.1.1.7,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.13 Allocation of application-specific allowances.,EPA,,,"[86 FR 55201, 55208, Oct. 5, 2021, as amended at 90 FR 41721, Aug. 26, 2025]","(a) Application-specific allowances are available to entities for calendar years as designated that use a regulated substance in the following applications: (1) As a propellant in metered dose inhalers for calendar years 2022-2030; (2) In the manufacture of defense sprays for calendar years 2022-2025; (3) In the manufacture of structural composite preformed polyurethane foam for marine use and trailer use for calendar years 2022-2030; (4) In the etching of semiconductor material or wafers and the cleaning of chemical vapor deposition chambers within the semiconductor manufacturing sector for calendar years 2022-2030; (5) For mission-critical military end uses for calendar years 2022-2030; (6) For on board aerospace fire suppression for calendar years 2022-2030; and (7) For any application designated as eligible for application-specific allowances pursuant to § 84.14, but in all instances for no longer than calendar year 2030. (b) Entities identified in paragraph (a) of this section must request application-specific allowances by July 31 of the calendar year prior to the year in which the allowances may be used starting with the calendar year 2023 allocation. The application must include the information required in § 84.31(h)(2) except for applications for mission-critical military end uses, which must include the information required in § 84.31(h)(3). (1) Entities must provide additional information if requesting that EPA consider unique circumstances that are not reflected by the rates of growth calculated in paragraph (c)(1) of this section, including supporting documentation that verifies this need. The relevant agency official will consider the following situations as unique circumstances: (i) Demonstrated manufacturing capacity coming on line; (ii) The acquisition of another domestic manufacturer or its manufacturing facility or facilities; (iii) A global pandemic, other public health emergency, or other healthcare system needs related to increased patients diagnosed with medical conditions treated by metered dose inhalers; and (iv) Buildup of a stockpile of a specific regulated substance in the event of a production cessation. Requests for this unique circumstances must include: a letter from the applicant's supplier signed by a responsible corporate officer stating that the supplier is ceasing all production of the regulated substance at issue within three years; certification and supporting documentation that the applicant has regulatory requirements beyond this part that limit ability to switch suppliers or there are no other suppliers that can supply the regulated substance in the quantity needed; and evidence that the applicant has a restricted supply chain for regulated substances. Applicants must specify: quantity (in kilograms) they intend to purchase of each HFC; the year(s) of intended purchase; and description of stockpile plan. (2) Entities must provide an estimate of the total quantity of regulated substances they expect to purchase in the following calendar year based on their expected eligibility for allowances. (c) The relevant agency official will determine the quantity of application-specific allowances to issue to each company by: (1) Accounting for verified changes in inventory and quantities of regulated substances acquired (excluding amounts conveyed or sold) in calculating use, except for applications for mission-critical military end uses; (2) Accounting for any additional information provided regarding unique circumstances described in paragraph (b)(1) of this section; (3) Excluding quantities reported under § 84.31(h)(1)(x) and (xi) in calculating growth rates and use amounts; (4) Allocating allowances equivalent to the highest verified use amount measured in exchange value equivalent from the prior three years for entities that meet any of the following criteria: (i) Entity purchased equal to or less than 100 kilograms of regulated substances in at least one of the last three years, and the average growth rate of use for the company over the past three years calculated under subparagraph (7)(i) is equal to or greater than 200 percent; (ii) Entity has a Year 3 use amount that is less than or equal to 33 percent of its Year 2 use; (iii) Entity had zero purchases or use in one of the last three years for reasons other than newly using regulated substances; or (iv) Entity purchased equal to or less than 100 kilograms of regulated substances in each of the past three years; (5) For entities that do not meet any of the criteria in paragraph (4), multiplying the use of regulated substances by the company in the specific application in the prior year by the higher of: (i) The average growth rate of use for the company over the past three years; or (ii) The average growth rate of use by all companies requesting allowances for that specific application over the past three years; and (6) For an entity operating in the etching of semiconductor material or wafers and the cleaning of chemical vapor deposition chambers within the semiconductor manufacturing application, add 10 percent of the quantity derived pursuant to paragraphs 1 through 5; (7) Subtracting out any general pool allowances allocated to the company for that calendar year; and (8) In all instances, using the amount reported in paragraph (b)(2) if it is less than the quantity otherwise determined under this paragraph. (d)(1) EPA will allocate application-specific allowances by October 1 of the calendar year prior to the year in which the allowances may be used. The relevant agency official will issue, through a separate notification, application-specific allowances to eligible entities consistent with paragraphs (a) through (c) of this section. (2) EPA will provide public notice by that date of the list of entities receiving application-specific allowances, the quantity of allowances for each entity, and the specific application(s) for which the allowances may be used. (e) EPA will publish a list of entities allocated application-specific allowances, the application for which they may use regulated substances, and the quantity of allowances allocated. (f) Application-specific allowances may be expended for either the import or production of a regulated substance. (g) Entities allocated application-specific allowances may confer application-specific allowances to a producer, importer, or other supplier without being subject to the offset required of transfers of allowances in § 84.19. The recipient of a conferred application-specific allowance may continue to confer the allowance until it is expended for production or import. When conferring application-specific allowances, the conferring party must provide a statement certifying that the regulated substances produced or imported with the conferred allowances will only be used for the application-specific use associated with the allowance(s). The producer(s), importer(s), and/or supplier(s) receiving application-specific allowances must certify to the conferring party that they will not sell regulated substances produced or imported with application-specific allowances for any application or use other than the application-specific use associated with the allowance(s)." 40:40:21.0.1.1.3.1.1.8,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,§ 84.14 Petition for designation of an application as eligible for application-specific allowances.,EPA,,,"[90 FR 41722, Aug. 26, 2025]","(a) Petitions filed pursuant to 42 U.S.C. 7675(e)(4)(B)(ii) requesting the designation of an application as eligible for application-specific allowances must include: (1) A description of the application, including an explanation of what the application is, what purpose or function it achieves, and what populations or commercial products benefit from the application; (2) A list of regulated substance(s) and description of their use(s) in the application and an explanation as to why regulated substances are required in the application; (3) Evidence that no safe or technically achievable substitute, including not-in-kind technologies, is or is expected to be available, and that the petitioner has conducted research to evaluate substitutes for the regulated substance(s); (4) Evidence that supply of the regulated substance(s) used in the application is insufficient to accommodate the application; (5) A signed certification from a responsible corporate officer at the requesting entity that the application cannot use recovered and reprocessed regulated substance in conjunction with or in place of virgin regulated substance, either due to demonstrated lack of technical achievability or insufficient supply, and an explanation and evidence documenting why recovered and reprocessed regulated substance cannot be used for the application; (6) Total quantity (in kilograms) of all regulated substances acquired and used by each individual entity submitting the petition for use in the application specified in the petition in each of the previous three years, including records documenting that quantity; (7) The name of the entity or entities supplying regulated substances and contact information for those suppliers over the past three years; (8) Total quantity (in kilograms) of each regulated substance held in inventory for use in the application specified in the petition by each entity submitting the petition as of the date the petition is submitted; (9) An estimate of the total quantity of regulated substances the petitioner expects to purchase for use in the application specified in the petition in the first year it would be eligible for ASAs; (10) Data on the proportion of the overall cost of the product or system that reflects the cost of regulated substances for each entity; (11) Historic and projected sales for the product or system for each entity; (12) Evidence of research into design changes to decrease the amount of regulated substance used in the product or system; (13) An explanation regarding whether the use of the regulated substance(s) is necessary for the health, safety, or is critical for the functioning of society (encompassing cultural and intellectual aspects); (14) An explanation regarding steps taken to minimize the use of the regulated substance and any associated emission of the regulated substance(s); and (15) Information on regulatory restrictions related to possible alternatives and substitutes. (b) If the petition does not include the required information listed in paragraph (a), the petition will be deemed incomplete, and EPA will notify the entity submitting the petition. The Agency will not consider the petition until it is complete. (c) In the event that an application becomes eligible to receive application-specific allowances: (1) EPA will allocate allowances to entities in a new application in accordance with § 84.13; and (2) A new application would be eligible to receive application-specific allowances for no longer than the latest calendar year included in § 84.13(a)." 40:40:21.0.1.1.3.1.1.9,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,A,Subpart A—Production and Consumption Controls,,"§ 84.15 Set-aside of application-specific allowances, production allowances, and consumption allowances.",EPA,,,"[86 FR 55201, Oct. 5, 2021, as amended at 90 FR 41722, Aug. 26, 2025]","(a) Total allowances available under this section to be allocated for calendar years 2022 and 2023 are: (1) Up to 7.5 million metric tons of exchange value equivalent consumption allowances annually for calendar years 2022 and 2023. (2) Up to 2.5 million metric tons of exchange value equivalent production allowances for calendar years 2022 and 2023. (b)(1) Consumption and production allowances in paragraph (a) of this section are available in the form of application-specific allowances to entities that qualify for application-specific allowances under § 84.13 that were not issued allowances as of October 1, 2021. (2) Entities must provide the relevant Agency official with the information contained in § 84.13 by November 30, 2021 to be eligible for consideration. (c) Consumption allowances in paragraph (a) of this section are available to either: (1) Persons who imported regulated substances in 2020 that were not required to report under 40 CFR part 98 and were not issued allowances as of October 1, 2021; or (2) Persons who are newly importing regulated substances, do not share corporate or common ownership, corporate affiliation in the past five years, or familial relations with entities receiving allowances through this rule. (d)(1) Persons who meet the criteria listed in paragraph (c)(1) of this section must provide the relevant Agency official with the following information by November 30, 2021, to be eligible for consideration: (i) Name and address of the company, the complete ownership of the company (with percentages of ownership), and contact information for a designated representative at the company; (ii) The following information on an annual basis for all years between 2011 and 2020 where the person imported regulated substances: (A) The total quantity (in kilograms) imported of each regulated substance each year, including each shipment, dates of and port of entry for each import, and country from which the imported regulated substances were imported; (B) The Harmonized Tariff Schedule codes and CAS numbers for the regulated substances or blends imported; (C) The quantity (in kilograms) of regulated substances imported for use in processes resulting in their transformation or destruction; and (D) The quantity (in kilograms) of regulated substances sold or transferred during that year to each person for use in processes resulting in their transformation or destruction. (iii) The following information on an annual basis for all years between 2011 and 2020 where the person exported regulated substances: (A) The names and addresses of the exporter and the recipient of the exports; (B) The exporter's Employer Identification Number; (C) The quantity of each specific regulated substance exported, including the quantity of regulated substance that is used, reclaimed, or recycled; (D) The date on which, and the port from which, the regulated substances were exported from the United States or its territories; (E) The country to which the regulated substances were exported; and (F) The Harmonized Tariff Schedule codes and CAS numbers for the regulated substances shipped. (2) Persons who meet the criteria listed in paragraph (c)(2) of this section must provide the relevant Agency official with the following information by November 30, 2021, to be eligible for consideration: (i) Name and address of the company, the complete ownership of the company (with percentages of ownership), and contact information for a designated representative at the company; (ii) Whether the company is a woman- or minority-owned business; (iii) Contact information for the owner of the company; (iv) The date of incorporation and State in which the company is incorporated; (v) State license identifier; (vi) A plan for importing regulated substances; (vii) A prospective foreign exporter that the applicant anticipates working with; (viii) A certification that the business owner understands the regulatory requirements of this part and will make best efforts to comply with the regulatory requirements; and (ix) A certification that the information submitted is complete, accurate, and truthful. (e) The relevant Agency official will allocate calendar-year 2022 and 2023 allowances in paragraph (a) of this section no later than March 31, 2022, in the following manner: (1) First, persons who meet the criteria listed in paragraph (b) of this section are allocated application-specific allowances (subtracted from both the production and consumption portions of the set-aside pool) for 2022 equal to the estimated need, based on projected, current, and historical trends, and subject to the same conditions for such allowances in § 84.13; (2) Second, persons who meet the criteria listed in paragraph (c)(1) of this section are allocated allowances for 2022 by calculating their “average high year” based on the formula in § 84.11(a)(1) and then applying the same reduction percentage between the values calculated in § 84.11(a)(1) and (4) for all general pool allowance holders. (3) Third, persons who meet the criteria listed in paragraph (c)(2) of this section are allocated up to 0.2 million metric tons exchange value equivalent in allowances for 2022 and 2023. (4) If the eligible requests received total an amount of allowances that exceeds the remaining quantity of allowances in the set-aside pool, after subtracting allowances issued under paragraphs (b)(1) and (c)(1) of this section, the amount provided to each person who meets the criteria listed in paragraph (c)(2) of this section that has applied to the set-aside pool will be allocated an amount of allowances that is reduced on a pro rata basis. If any allowances remain after the steps outlined in paragraphs (b)(1) and (c)(1) and (2) of this section, those allowances will be distributed to the persons who meet the criteria listed in §§ 84.9 and 84.11 on a pro rata basis. (f) EPA is placing restrictions on allowances allocated under this section. (1) Allowances allocated to persons under paragraph (e)(3) of this section, due to their eligibility of meeting the criteria in paragraph (c)(2) of this section, may not be transferred to another entity. (2) Allowances issued under this section are not available to companies that are a subsidiary of, have any common ownership stake with, had corporate affiliation in the past five years with, or have a familial relationship with another allowance holder. (g) EPA will provide public notice by March 31, 2022, of the list of entities receiving allowances under this paragraph, the quantity of allowances for each entity, and the specific application(s) for which the allowances may be used, where applicable. (h) Consumption and production allowances from § 84.9(c) and § 84.11(c) are available in the form of application-specific allowances to entities that request them no later than April 30 of the calendar year in which the allowances may be expended that: (1) Qualify for application-specific allowances under § 84.13; (2) Provide supporting documentation that verify a need to purchase regulated substances in the present calendar year beyond what is reflected by the rates of growth calculated in § 84.13(c)(1); (3) Provide the total quantities (in kg) of regulated substances held in inventory as of the date the application is submitted, including documentation to verify this quantity (this includes zero quantities), and an explanation of why that inventory, if available, will not be sufficient to accommodate this increased demand; (4) Are facing a situation that qualifies as a unique circumstance as defined in § 84.13(b)(iii); and (5) Demonstrate to the satisfaction of the relevant Agency official that the situation described in subparagraph (3) was unknowable at the time the entity made its request for application-specific allowances pursuant to § 84.13(b)." 40:40:21.0.1.1.3.2.1.1,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,B,Subpart B—Restrictions on the Use of Hydrofluorocarbons,,§ 84.50 Purpose.,EPA,,,,"The purpose of the regulations in this subpart is to implement subsection (i) of 42 U.S.C. 7675, with respect to establishing restrictions on the use of a regulated substance in the sector or subsector in which the regulated substance is used, and to provide requirements associated with the submission of petitions seeking such restrictions." 40:40:21.0.1.1.3.2.1.2,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,B,Subpart B—Restrictions on the Use of Hydrofluorocarbons,,§ 84.52 Definitions.,EPA,,,,"For the terms not defined in this subpart but that are defined in § 84.3, the definitions in § 84.3 shall apply. For the purposes of this subpart: Blend containing a regulated substance means any mixture that contains one or more regulated substances. Export means the transport of a product or specified component using a regulated substance from inside the United States or its territories to persons outside the United States or its territories, excluding United States military bases and ships for onboard use. Exporter means the person who contracts to sell any product or specified component using a regulated substance for export or transfers a product or specified component using a regulated substance to an affiliate in another country. Importer means any person who imports any product or specified component using or intended for use with a regulated substance into the United States. Importer includes the person primarily liable for the payment of any duties on the merchandise or an authorized agent acting on his or her behalf. The term also includes: (1) The consignee; (2) The importer of record; (3) The actual owner; or (4) The transferee, if the right to withdraw merchandise from a bonded warehouse has been transferred. Install means to complete a field-assembled system's circuit, including charging with a full charge, such that the system can function and is ready for use for its intended purpose. Manufacture means to complete the manufacturing and assembly processes of a product or specified component such that it is ready for initial sale, distribution, or operation. Product means an item or category of items manufactured from raw or recycled materials which performs a function or task and is functional upon completion of manufacturing. The term includes, but is not limited to: appliances, foams, fully formulated polyols, self-contained fire suppression devices, aerosols, pressurized dispensers, and wipes. Retrofit means to upgrade existing equipment where the regulated substance is changed, which— (1) Includes the conversion of equipment to achieve system compatibility; and (2) May include changes in lubricants, gaskets, filters, driers, valves, o-rings, or equipment components for that purpose. Examples of equipment subject to retrofit include air-conditioning and refrigeration appliances, fire suppression systems, and foam blowing equipment. Sector means a broad category of applications including but not limited to: refrigeration, air conditioning and heat pumps; foams; aerosols; chemical manufacturing; cleaning solvents; fire suppression and explosion protection; and semiconductor manufacturing. Specified component for purposes of equipment in the refrigeration, air conditioning, and heat pump sector means condensing units, condensers, compressors, evaporator units, and evaporators. Subsector means processes, classes of applications, or specific uses that are related to one another within a single sector or subsector. Substitute means any substance, blend, or alternative manufacturing process, whether existing or new, that may be used, or is intended for use, in a sector or subsector with a restriction on the use of regulated substances and that has a lower global warming potential than the GWP limit or restricted list of regulated substances and blends in that sector or subsector. System means an assemblage of separate components that typically are connected and charged in the field with a regulated substance or substitute to perform a function or task. Use means for any person to take any action with or to a regulated substance, regardless of whether the regulated substance is in bulk, contained within a product, or otherwise, except for the destruction of a regulated substance. Actions include, but are not limited to, the utilization, deployment, sale, distribution, offer for sale or distribution, discharge, incorporation, transformation, or other manipulation." 40:40:21.0.1.1.3.2.1.3,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,B,Subpart B—Restrictions on the Use of Hydrofluorocarbons,,§ 84.54 Restrictions on the use of hydrofluorocarbons.,EPA,,,"[88 FR 73205, Oct. 24, 2023; 88 FR 88832, Dec. 26, 2023, as amended at 89 FR 100392, Dec. 12, 2024; 90 FR 41724, Aug. 26, 2025]","(a) No person may manufacture or import any product in the following sectors or subsectors that uses a regulated substance as listed in this paragraph: (1) Effective January 1, 2025, self-contained residential and light commercial air conditioning and heat pump products using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (2) Effective January 1, 2025, residential dehumidifiers using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (3) Effective January 1, 2025, household refrigerators and freezers using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (4) Effective January 1, 2025, retail food refrigeration—stand-alone units using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (5) Effective January 1, 2025, vending machines using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (6) Effective January 1, 2025, refrigerated transport—intermodal containers with the temperature of the refrigerant entering the evaporator (for direct heat exchange systems) or the temperature of the fluid exiting (for chillers) of −50 °C (−58 °F) or higher using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (7) Effective January 1, 2025, self-contained products in refrigerated transport—road and refrigerated transport—marine subsectors using any of the following: R-402A, R-402B, R-404A, R-407B, R-408A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-428A, R-434A, R-438A, R-507A, R-125/290/134a/600a (55/1/42.5/1.5), RS-44 (2003 formulation) or GHG-X5; (8) Self-contained automatic commercial ice machines as follows: (i) Effective January 1, 2026, ice maker products with a harvest rate as determined in accordance with 10 CFR 431.134, using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater as follows: (A) Batch type, as defined in 10 CFR 431.132, with a harvest rate less than or equal to 1,000 pounds of ice per 24 hours; (B) Continuous type, as defined in 10 CFR 431.132, with a harvest rate less than or equal to 1,200 pounds of ice per 24 hours; (ii) Effective January 1, 2027, batch type ice maker products, as defined in 10 CFR 431.132, with a harvest rate greater than 1,000 pounds of ice per 24 hours, as determined in accordance with 10 CFR 431.134, and continuous type ice machine products, as defined in 10 CFR 431.132, with a harvest rate greater than 1,200 pounds of ice per 24 hours, as determined in accordance with 10 CFR 431.134, using any of the following: R-402A, R-402B, R-404A, R-407A, R-407B, R-407C, R-407F, R-408A, R-410A, R-410B, R-411A, R-411B, R-417A, R-417C, R-420A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-428A, R-434A, R-437A, R-438A, R-442A, R-507A, HFC-134a, R-125/290/134a/600a (55/1/42.5/1.5), RB-276, RS-24 (2002 formulation), RS-44 (2003 formulation), GHG-X5, G2018C, or Freeze 12; (9) Self-contained refrigerated food processing and dispensing products as follows: (i) Effective January 1, 2027, products outside the scope of UL 621, “Ice Cream Makers,” Edition 7, dated May 07, 2010, with revisions through September 16, 2020, as of December 26, 2023, with refrigerant charge sizes less than or equal to 500 g using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (ii) Effective January 1, 2027, products outside the scope of UL 621, “Ice Cream Makers,” Edition 7, dated May 7, 2010, with revisions through September 16, 2020, as of December 26, 2023, with refrigerant charge sizes greater than 500 g, using any of the following: R-402A, R-402B, R-404A, R-407A, R-407B, R-407C, R-407F, R-407H, R-408A, R-410A, R-410B, R-411A, R-411B, R-417A, R-417C, R-420A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-427A, R-428A, R-434A, R-437A, R-438A, R-507A, HFC-134a, HFC-227ea, R-125/290/134a/600a (55/1/42.5/1.5), RB-276, RS-24 (2002 formulation), RS-44 (2003 formulation), GHG-X5, or Freeze 12; and (iii) Effective January 1, 2028, for refrigerated food processing and dispensing products within the scope of UL 621, “Ice Cream Makers,” Edition 7, dated May 7, 2010, with revisions through September 16, 2020, as of December 26, 2023, using any of the following: R-402A, R-402B, R-404A, R-407A, R-407B, R-407C, R-407F, R-407H, R-408A, R-410A, R-410B, R-411A, R-411B, R-417A, R-417C, R-420A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-427A, R-428A, R-434A, R-437A, R-438A, R-507A, HFC-134a, HFC-227ea, R-125/290/134a/600a (55/1/42.5/1.5), RB-276, RS-24 (2002 formulation), RS-44 (2003 formulation), GHG-X5, or Freeze 12. (10) Chillers, when a stand-alone product, as follows: (i) Effective January 1, 2025, chillers for comfort cooling using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (ii) Effective January 1, 2025, chillers for ice rinks using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (iii) Effective January 1, 2026, chillers for industrial process refrigeration where the temperature of the fluid exiting the chiller is greater than −22 °F (−30 °C) using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (iv) Effective January 1, 2028, chillers for industrial process refrigeration where the temperature of the fluid exiting the chiller is greater than or equal to −50 °C (−58 °F) and less than or equal to −30 °C (−22 °F) using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (11) Effective January 1, 2027, self-contained products in data center, information technology equipment facility, and computer room cooling using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (12) Industrial process refrigeration products, other than chillers, as follows: (i) Effective January 1, 2026, products with a refrigerant charge capacity of 200 pounds or greater and with the refrigerant temperature entering the evaporator higher than −30 °C (−22 °F) using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (ii) Effective January 1, 2026, products with a refrigerant charge capacity less than 200 pounds and with the refrigerant temperature entering the evaporator higher than −30 °C (−22 °F), using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 300 or greater; (iii) Effective January 1, 2028, where the temperature of the refrigerant entering the evaporator is greater than or equal to −50 °C (−58 °F) and is less than or equal to −30 °C (−22 °F), using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (13) Motor vehicle air-conditioning as follows: (i) Effective October 24, 2024, for Model Year 2025 and subsequent model year light-duty passenger cars and trucks (vehicles with a gross vehicle weight rating less than 8,500 lb) using or intended to use a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (ii) For Model Year 2028 and subsequent model year medium-duty passenger vehicles, heavy-duty pick-up trucks, and complete heavy-duty vans, as defined by the Federal Highway Administration at 40 CFR 86.1803-01, which have air conditioning equipment that will not be modified by upfitters using or intended to use a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (iii) Effective January 1, 2028, certain nonroad vehicles (agricultural tractors greater than 40 horsepower; self-propelled agricultural machinery; compact equipment; construction, forestry, and mining equipment; and commercial utility vehicles) using or intended to use a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (14) Effective January 1, 2025, foam products (but not including foam products in paragraph (a)(15) of this section) in the following subsectors using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater: (i) Rigid polyurethane appliance foam, commercial refrigeration foam, laminated boardstock, marine flotation foam, sandwich panels, and slabstock; (ii) Flexible polyurethane; (iii) Integral skin polyurethane; (iv) Polystyrene—extruded boardstock, billet, and extruded sheet; (v) Phenolic insulation board and bunstock; (vi) Polyisocyanurate laminated boardstock; (vii) Polyolefin; and (viii) Rigid polyurethane spray foam ( i.e., high-pressure two-component, low-pressure two-component, and one-component foam sealants). (15) Effective January 1, 2026, foam products in the formulations specified in paragraphs (a)(14)(i) through (viii) of this section that are for use in space and military applications, except spray and pour foams that are for use in space vehicles as defined in § 84.3, which are not subject to a use restriction. (16) Aerosol products as follows: (i) Effective January 1, 2025, all aerosol products using a regulated substance with a global warming potential of 150 or greater, except products that use HFC-43-10mee (1,1,1,2,3,4,4,5,5,5-pentafluoropentane) or HFC-245fa (1,1,1,3,3-pentafluoropropane) as an aerosol solvent, defense sprays as defined in § 84.3, or those that use HFC-134a in the following specific uses; (A) Cleaning products for removal of grease, flux and other soils from electrical equipment or electronics; (B) Refrigerant flushes; (C) Products for sensitivity testing of smoke detectors; (D) Lubricants and freeze sprays for electrical equipment or electronics; (E) Sprays for aircraft maintenance; (F) Sprays containing corrosion preventive compounds used in the maintenance of aircraft, electrical equipment or electronics, or military equipment; (G) Pesticides for use near electrical wires or in aircraft, in total release insecticide foggers, or in certified organic use pesticides for which EPA has specifically disallowed all other lower-GWP propellants; (H) Mold release agents and mold cleaners; (I) Lubricants and cleaners for spinnerets for synthetic fabrics; (J) Duster sprays specifically for removal of dust from photographic negatives, semiconductor chips, specimens under electron microscopes, and energized electrical equipment; (K) Adhesives and sealants in large canisters; (L) Document preservation sprays; (M) Wound care sprays; (N) Topical coolant sprays for pain relief; (O) Products for removing bandage adhesives from skin. (ii) Effective January 1, 2028, all aerosol products using a regulated substance with a global warming potential of 150 or greater, except defense sprays as defined in § 84.3. (b) Effective three years after the dates listed for each subsector in paragraph (a) of this section, no person may sell, distribute, offer for sale or distribution, make available for sale or distribution, purchase or receive for sale or distribution, or attempt to purchase or receive for sale or distribution, or export any product that uses a regulated substance as listed in paragraph (a). (c) No person may install any system, nor have any such system be installed through their position as a designer, owner, or operator of that system, in the following sectors or subsectors that uses a regulated substance as listed in this paragraph (c): (1) Effective January 1, 2025, residential or light commercial air-conditioning or heat pump systems using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater, except for variable refrigerant flow air-conditioning and heat pump systems. New residential and light commercial air-conditioning and heat pump systems using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater may be installed prior to January 1, 2026, where all specified components of that system are manufactured or imported prior to January 1, 2025. (2) Effective January 1, 2026, variable refrigerant flow systems for use as residential or light commercial air-conditioning or heat pumps, using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater. Such new variable refrigerant flow systems using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater may be installed prior to January 1, 2027, where all specified components of that system are manufactured or imported prior to January 1, 2026. Such new variable refrigerant flow systems using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater may be installed prior to January 1, 2028, when an approved building permit issued prior to October 5, 2023, specifies the use of a restricted regulated substance, or blend containing a restricted regulated substance, in such system detailed in that building permit, and where all specified components of that system are manufactured or imported prior to January 1, 2026. (3) Effective January 1, 2025, chillers for comfort cooling using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (4) Effective January 1, 2025, ice rinks using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (5) Effective January 1, 2026, chillers for industrial process refrigeration where the temperature of the fluid exiting the chiller is greater than −22 °F (−30 °C) using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (6) Effective January 1, 2028, chillers for industrial process refrigeration where the temperature of the fluid exiting the chiller is greater than or equal to −50 °C (−58 °F) and less than or equal to −30 °C (−22 °F) using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (7) Effective January 1, 2025, refrigerated transport—intermodal containers with the temperature of the refrigerant entering the evaporator (for direct heat exchange systems) or the temperature of the fluid exiting (for chillers) of −50 °C (−58 °F) or higher using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (8) Effective January 1, 2025, refrigerated transport—road or refrigerated transport—marine systems using any of the following: R-402A, R-402B, R-404A, R-407B, R-408A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-428A, R-434A, R-438A, R-507A, R-125/290/134a/600a (55/1/42.5/1.5), RS-44 (2003 formulation) or GHG-X5; (9) Effective January 1, 2026, cold storage warehouse systems as follows: (i) Systems with a refrigerant charge capacity of 200 pounds or greater, that are not the high temperature side of a cascade system, using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (ii) Systems with a refrigerant charge capacity less than 200 pounds, using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 300 or greater; (iii) Cascade refrigerant systems using a regulated substance, or a blend containing a regulated substance, on the high temperature side of the system with a global warming potential of 300 or greater; (10) Industrial process refrigeration systems, other than chiller systems, as follows: (i) Effective January 1, 2026, systems with a refrigerant charge capacity of 200 pounds or greater and with the refrigerant temperature entering the evaporator higher than −30 °C (−22 °F), that are not the high temperature side of a cascade system, using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (ii) Effective January 1, 2026, systems with a refrigerant charge capacity less than 200 pounds and with the refrigerant temperature entering the evaporator higher than −30 °C (−22 °F), using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 300 or greater; (iii) Effective January 1, 2026, the high temperature side of cascade systems with the refrigerant temperature entering the evaporator higher than −30 °C (−22 °F) using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 300 or greater; (iv) Effective January 1, 2028, where the temperature of the refrigerant entering the evaporator is greater than or equal to −50 °C (−58 °F) and is less than or equal to −30 °C (−22 °F), using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (11) Effective January 1, 2026, remote condensing units in retail food refrigeration systems as follows: (i) Systems with a refrigerant charge capacity of 200 pounds or greater, that are not the high temperature side of a cascade system, using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (ii) Systems with a refrigerant charge capacity less than 200 pounds using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 300 or greater; (iii) Cascade refrigerant systems using a regulated substance, or a blend containing a regulated substance, on the high temperature side of the system with a global warming potential of 300 or greater; (12) Effective January 1, 2027, supermarket systems as follows: (i) Systems with a refrigerant charge capacity of 200 pounds or greater, that are not the high temperature side of a cascade system, using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (ii) Systems with a refrigerant charge capacity less than 200 pounds using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 300 or greater; (iii) Cascade refrigerant systems using a regulated substance, or a blend containing a regulated substance, on the high temperature side of the system with a global warming potential of 300 or greater; (13) Effective January 1, 2027, data center, information technology equipment facility, and computer room cooling systems using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (14) Effective January 1, 2027, automatic commercial ice machines with a remote condenser using any of the following: R-402A, R-402B, R-404A, R-407B, R-408A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-428A, R-434A, R-438A, R-507A, R-125/290/134a/600a (55/1/42.5/1.5), RS-44 (2003 formulation), or GHG-X5. (15) Effective January 1, 2027, refrigerated food processing and dispensing equipment with a remote condenser using any of the following: R-402A, R-402B, R-404A, R-407A, R-407B, R-407C, R-407F, R-407H, R-408A, R-410A, R-410B, R-411A, R-411B, R-417A, R-417C, R-420A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-427A, R-428A, R-434A, R-437A, R-438A, R-507A, HFC-134a, HFC-227ea, R-125/290/134a/600a (55/1/42.5/1.5), RB-276, RS-24 (2002 formulation), RS-44 (2003 formulation), GHG-X5, or Freeze 12. (d) The compliance date for the installation of a system in paragraph (c) of this section for the industrial process refrigeration systems with a January 1, 2026, compliance date, retail food—supermarket, cold storage warehouse, and ice rink subsectors is extended one year beyond the specified compliance date when an approved building permit issued prior to October 5, 2023, specifies the use of a restricted regulated substance, or blend containing a regulated substance, in a system detailed in that permit. (e) The following actions, upon charging the system to full charge, are considered an installation of a refrigeration, air conditioning, and heat pump system under paragraph (c) of this section: (1) Assembling a system for the first time from used or new components; (2) Increasing the cooling capacity, in BTU per hour, of an existing system; or (3) Replacing 75 percent or more of evaporators (by number) and 100 percent of the compressor racks, condensers, and connected evaporator loads of an existing system. (f) Effective upon the dates listed for each subsector in paragraphs (a) and (c) of this section, no person may manufacture, import, sell, distribute, offer for sale or distribution, make available for sale or distribution, purchase or receive for sale or distribution, or attempt to purchase or receive for sale or distribution, or export any product or specified component that is not labeled in accordance with § 84.58. (g) Every product or system using or intended to use a regulated substance or blend containing a regulated substance that is manufactured, imported, sold, distributed, offered for sale or distribution, made available for sale or distribution, purchased or received for sale or distribution, or attempted to be purchased or received for sale or distribution, or exported in contravention of paragraphs (a) through (f) of this section constitutes a separate violation of this subpart. (h) No person may provide false, inaccurate, or misleading information to EPA when reporting or providing any communication required under this subpart. (i) No person may falsely indicate through marketing, packaging, labeling, or other means that a product or specified component uses or is intended to use a regulated substance, blend containing a regulated substance, or substitute that differs from the regulated substance, blend containing a regulated substance, or substitute that is actually used. (j) Section (k) of the AIM Act states that sections 113, 114, 304, and 307 of the Clean Air Act (42 U.S.C. 7413, 7414, 7604, 7607) shall apply to this section and any rule, rulemaking, or regulation promulgated by the Administrator pursuant to this section as though this section were expressly included in title VI of that Act (42 U.S.C. 7671 et seq. ). Violation of this part is subject to Federal enforcement and the penalties laid out in section 113 of the Clean Air Act." 40:40:21.0.1.1.3.2.1.4,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,B,Subpart B—Restrictions on the Use of Hydrofluorocarbons,,§ 84.56 Exemptions.,EPA,,,,"(a) The regulations under this subpart, including §§ 84.54, 84.58, 84.60, and 84.62, do not apply to: (1) Equipment in existence in the United States prior to December 27, 2020; and (2) Any product using a regulated substance or a blend containing a regulated substance, or intended to use a regulated substance or a blend containing a regulated substance, in an application listed at § 84.13(a), for a year or years for which that application receives an application-specific allowance as defined at § 84.3. (b) The prohibitions on the manufacture, import, sale, distribution, offer for sale or distribution, or export of products in § 84.54(a) and (b) do not apply to components that use, or are intended to use, any regulated substance. (c) The prohibitions on the sale, distribution, offer for sale or distribution, or export of products in § 84.54(b) do not apply to: (1) Products after a period of ordinary utilization or operation by a consumer; or (2) Products within the disposal or recycling chain. (d) The prohibition on the import of used products in § 84.54(a) does not apply to: (1) Systems in use by a conveyance in trade travelling into U.S. jurisdiction including refrigeration, air-conditioning, and heat pump systems in operation aboard ships, planes, motor vehicles, and intermodal containers; (2) Products in the possession of a consumer for personal use; or (3) Products imported solely for recycling or disposal." 40:40:21.0.1.1.3.2.1.5,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,B,Subpart B—Restrictions on the Use of Hydrofluorocarbons,,§ 84.58 Labeling.,EPA,,,,"(a) Effective upon the dates listed for each subsector in § 84.54(a) and (c), any product, specified component, or system manufactured, imported, or installed within the refrigeration, air-conditioning, and heat pump sector using any regulated substance, or blend containing any regulated substance, regardless of global warming potential must have a permanent label compliant with paragraph (d) of this section stating: (1) The chemical name(s) or American Society of Heating, Refrigerating and Air-Conditioning Engineers designation of the regulated substance(s) or blend containing a regulated substance; (2) The full date, or at minimum the four-digit year, of manufacture. For field-charged system installations, this shall be the date of first charge and the label shall be completed at first charge. For MVACs listed in § 84.54(a)(13)(i) and (ii), the model year may be used instead of the date of manufacture. (3) An indication of the full refrigerant charge capacity, either as the specific charge size of the system, or the charge size as it relates to the threshold for the relevant subsector. This means an indication that the charge is either two hundred pounds or more, or less than two hundred pounds, in the following subsectors: (i) Industrial process refrigeration (without chillers); (ii) Retail food refrigeration—supermarket systems; (iii) Retail food refrigeration—remote condensing units; and (iv) Cold storage warehouses. (4) An indication of the charge size of the equipment or the charge size as it relates to the threshold for self-contained refrigerated food processing and dispensing products. This means an indication that the charge is greater than or equal to 500 grams, or less than 500 grams. (5) An indication of the harvest rate, either as the specific harvest rate of the equipment, or the harvest rate as it relates to the threshold for self-contained automatic commercial ice machines, and the type of ice machine (either batch or continuous). This means an indication that that harvest rate is either greater than 1,000 pounds of ice per day or less than or equal to 1,000 pounds of ice per day for batch type ice makers, and an indication that the harvest rate is either greater than 1,200 pounds of ice per day or less than or equal to 1,200 pounds of ice per day for continuous type ice makers. (6) An indication of the designed exiting fluid temperature range for industrial process refrigeration chillers and the designed refrigerant temperature range when it enters the evaporator for industrial process refrigeration systems without chillers. (b) Effective upon the date listed for each subsector in § 84.54(c), or the earliest date should the specified component be used in multiple subsectors, any specified component manufactured or imported and intended for use in those subsectors that uses or is intended to use any regulated substance, or blend containing any regulated substance, regardless of global warming potential, must have a permanent label compliant with paragraph (c) of this section containing the information in paragraph (a)(1) of this section. For specified components that are intended for use with a regulated substance or blends containing a regulated substance that exceed the applicable GWP limit or HFC restriction, the label must state “For servicing existing equipment only” in addition to the other required labeling elements. (c) Effective upon the dates listed for each subsector in § 84.54(a) and (c), any product manufactured, imported, or installed within the foam or aerosol sectors using any regulated substance, or blend containing any regulated substance, regardless of global warming potential, must have a permanent label compliant with paragraph (d) of this section stating: (1) The chemical name(s) or American Society of Heating, Refrigerating and Air-Conditioning Engineers designation of any regulated substance(s) or blend containing a regulated substance used; (2) If an HFC with a GWP higher than the limit is used or if multiple HFCs are used, either the weights of the HFC(s) relative to the other blowing agents, propellants, solvents, or to the other HFCs must be on the label, or the label must state “GWP<150.” (3) The full date, or at minimum the four-digit year, of manufacture. (d) The permanent label must be: (1) In English; (2) Durable and printed or otherwise labeled on, or affixed to, an external surface of the product; (3) Readily visible and legible; (4) Able to withstand open weather exposure without a substantial reduction in visibility or legibility, if applicable; and (5) Displayed on a background of contrasting color. (e) The requirements of this section may be met through the use of existing labels required under other authorities that contain the necessary information. The labeling requirements may also be met by providing the required information in packaging materials or through an on-product QR code. The packaging must be present with the product or specified component at the point of sale and import. The QR code must direct to the required information and meet all the requirements of the on-product label. The QR code must be functional and include adjacent text to indicate the purpose of the QR code. (f) For products sold or distributed, offered for sale or distribution, or made available electronically through online commerce, the label must be readily visible and legible in either photographs of the products, photographs of packaging materials that contain the required information, or an item description that contains the required information. (g) Any product or system, using a regulated substance manufactured, imported, or installed after the compliance date for that sector or subsector, that lacks a label will be presumed to use a regulated substance with a global warming potential that exceeds the limit or is specifically listed in § 84.54(a) or (c)." 40:40:21.0.1.1.3.2.1.6,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,B,Subpart B—Restrictions on the Use of Hydrofluorocarbons,,§ 84.60 Reporting and recordkeeping.,EPA,,,,"(a) Reporting. (1) Effective January 1, 2025, any person who imports or manufactures a product or specified component within a sector or subsector listed in § 84.54 that uses or is intended to use a regulated substance or blend containing a regulated substance must comply with the following reporting and recordkeeping requirements: (i) Reports must be submitted annually to EPA within 90 days of the end of the reporting period; (ii) Reports must be submitted electronically in a format specified by EPA; (iii) Each report shall be signed and attested; (2) Each report must include: (i) The reporting entity's name, address, contact person, email address, and phone number of the contact person; (ii) The year covered under the report and the date of submittal; (iii) All applicable NAICS code(s); and (iv) A statement of certification that the data are accurate and that the products use regulated substances, or blends containing regulated substances, that meet the requirements of § 84.54, and are labeled in accordance with § 84.58. (3) Reports for products and specified components in the refrigeration, air-conditioning, and heat pump sector must also include the following information: (i) For each set of products or specified components with the same combination of charge size and regulated substance(s), the report must specify the subsector of the product or specified component based on the categorization in § 84.54; the identity of the regulated substance or blend containing a regulated substance, the charge size (including holding charge or no charge, if applicable), and the number of units imported, manufactured, and exported; (ii) For products and specified components that include closed-cell foam containing a regulated substance, the report must include the identity of the regulated substance(s) in the foam, the mass of the regulated substance(s) in the foam, and the number of products manufactured, imported, or exported with the same combination of mass and identity of regulated substance(s) within the closed-cell foam. (iii) Total mass in metric tons of each regulated substance or blend containing a regulated substance contained in all products or specified components manufactured, imported, and exported annually. (4) Reports for products in the foam sector must also include the following information: (i) For containers or foam blowing products that contain foam blowing agent and are intended for use to blow foam, the report must specify the subsector of the product based on the categorization in § 84.54, the identity of the regulated substance(s) contained in the product, the mass of the regulated substance(s) used, and the number of units manufactured, imported, or exported. (ii) For each set of products, other than containers described in paragraph (a)(4)(i) of this section, with the same combination of density and identity of regulated substance(s), the report must specify the subsector of the product based on the categorization in § 84.54, the identity of the regulated substance(s) contained in the foam, the volume of foam, and the number of units manufactured, imported, or exported; and (iii) Total mass in metric tons of each regulated substance contained in all products manufactured, imported, and exported annually. (5) Reports for products in the aerosol sector must also include the following information: (i) For each set of products with the same combination of regulated substance(s) and quantity of regulated substance(s), the report must specify the subsector of the product based on the categorization in § 84.54, the identity of the regulated substance(s), their percentages if more than one regulated substance is used, and the number of units manufactured, imported, or exported; and (ii) Total mass in metric tons of each regulated substance contained in all products manufactured, imported, and exported annually. (6) Any failure by a domestic manufacturer or importer of a product or specified component that uses or is intended to use a regulated substance or a blend containing a regulated substance to report required information or provide accurate information pursuant to this section shall be considered a violation of this section. (b) Recordkeeping. (1) Each domestic manufacturer or importer of a product or specified component within a sector or subsector listed in § 84.54 that uses or is intended to use a regulated substance or blend containing a regulated substance must retain the following records for a minimum of three years from the date of creation of the record and must make them available to EPA upon request: (i) Records that form the basis of the reports required in paragraph (a) of this section; and (ii) The entity to whom the product or specified component using a regulated substance were sold, distributed, or in any way conveyed to. (2) In addition to the records in paragraph (b)(1) of this section, importers of products and specified components using or intended to use a regulated substance or a blend containing a regulated substance must retain the following records for each import for a minimum of three years from the date of creation of the record and must make them available to EPA upon request: (i) A copy of the bill of lading; (ii) The invoice; (iii) The U.S. Customs and Border Protection entry documentation; (iv) Port of entry; (v) Country of origin and the country of shipment to the United States." 40:40:21.0.1.1.3.2.1.7,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,B,Subpart B—Restrictions on the Use of Hydrofluorocarbons,,§ 84.62 Technology transitions petition requirements.,EPA,,,,"(a) Each petition sent to the Administrator under subsection (i) of the AIM Act shall include the following elements: (1) The sector and subsector(s) for which restrictions on use of the regulated substance would apply. (2) For each sector and subsector identified in a petition, the restriction on the use of a regulated substance through any of the following: (i) A global warming potential limit that will apply to regulated substances or blends containing regulated substances with global warming potentials at or above that limit; (ii) Identification of the regulated substance(s) or blend(s) containing a regulated substance to be restricted and its global warming potential according to § 84.64; or (iii) Another form of restriction with an explanation for why a restriction under paragraph (a)(2)(i) or (ii) of this section would not be appropriate. (3) For each restriction on the use of a regulated substance contained in a petition, the effective date on which the regulated substance use restriction would commence and information supporting the identified effective date. (4) Address whether the Administrator negotiate with stakeholders in accordance with the negotiated rulemaking procedure provided for under subchapter III of chapter 5 of title 5, United States Code, including an explanation of their position to support or oppose the use of the negotiated rulemaking procedure. (5) For each requested restriction, to the extent practicable, information related to the considerations provided in subsection (i)(4) of 42 U.S.C. 7675 to facilitate the Agency's review of the petition. (b) Any petition submitted to the Administrator must be submitted electronically using the methods prescribed by the Administrator." 40:40:21.0.1.1.3.2.1.8,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,B,Subpart B—Restrictions on the Use of Hydrofluorocarbons,,§ 84.64 Global warming potentials.,EPA,,,,"(a) The global warming potential of a regulated substance is the exchange value for the regulated substance listed in subsection (c) of the AIM Act and in appendix A to this part 84. (b) For blends containing a regulated substance, the global warming potential of the blend is the sum of the global warming potentials of each constituent of the blend multiplied by the nominal mass fraction of that constituent within the blend. The global warming potential of each constituent shall be as follows: Table 1 to Paragraph (b) (c) For constituents of a blend containing a regulated substance that do not have a global warming potential as provided in paragraph (b) of this section, the constituent and its nominal mass fraction in the blend shall be excluded from the calculation in paragraph (b)." 40:40:21.0.1.1.3.3.1.1,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,C,Subpart C—Management of Regulated Substances,,§ 84.100 Purpose.,EPA,,,,"The purpose of the regulations in this subpart is to implement subsection (h) of 42 U.S.C. 7675, including with respect to establishing requirements to control practices, processes, or activities regarding the servicing, repair, disposal, or installation of equipment, for purposes of maximizing reclaiming, minimizing the release of regulated substances from equipment, and ensuring the safety of technicians and consumers." 40:40:21.0.1.1.3.3.1.10,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,C,Subpart C—Management of Regulated Substances,,"§ 84.118 Treatment of data submitted under 40 CFR part 84, subpart C",EPA,,,,"(a) Except as otherwise provided in this section, 40 CFR 2.201 through 2.215 and 2.301 do not apply to data submitted under this subpart that EPA has determined through rulemaking to be either of the following: (1) Emission data, as defined in 40 CFR 2.301(a)(2), determined in accordance with section 114(c) and 307(d) of the Clean Air Act; or (2) Data not otherwise entitled to confidential treatment. (b) Except as otherwise provided in paragraph (d) of this section, 40 CFR 2.201 through 2.208 and 2.301(c) and (d) do not apply to data submitted under this subpart that EPA has determined through rulemaking to be entitled to confidential treatment. EPA shall treat that information as confidential in accordance with the provisions of 40 CFR 2.211, subject to paragraph (d) of this section and 40 CFR 2.209. (c) Upon receiving a request under 5 U.S.C. 552 for data submitted under this subpart that EPA has determined through rulemaking to be entitled to confidential treatment, the relevant Agency official shall furnish the requestor a notice that the information has been determined to be entitled to confidential treatment and that the request is therefore denied. The notice shall include or cite to the appropriate EPA determination. (d) A determination made through rulemaking that information submitted under this subpart is entitled to confidential treatment shall continue in effect unless, subsequent to the confidentiality determination through rulemaking, EPA takes one of the following actions: (1) EPA determines through a subsequent rulemaking that the information is emission data or data not otherwise entitled to confidential treatment; or (2) The Office of General Counsel issues a final determination, based on the requirements of 5 U.S.C. 552(b)(4), stating that the information is no longer entitled to confidential treatment because of change in the applicable law or newly discovered or changed facts. Prior to making such final determination, EPA shall afford the business an opportunity to submit comments on pertinent issues in the manner described by 40 CFR 2.204(e) and 2.205(b). If, after consideration of any timely comments submitted by the business, the Office of General Counsel makes a revised final determination that the information is not entitled to confidential treatment, the relevant agency official will notify the business in accordance with the procedures described in 40 CFR 2.205(f)(2)." 40:40:21.0.1.1.3.3.1.11,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,C,Subpart C—Management of Regulated Substances,,§ 84.120 Relationship to other laws.,EPA,,,,"Section (k) of the AIM Act states that sections 113, 114, 304, and 307 of the Clean Air Act (42 U.S.C. 7413, 7414, 7604, 7607) shall apply to this section and any rule, rulemaking, or regulation promulgated by the Administrator pursuant to this section as though this section were expressly included in title VI of that Act (42 U.S.C. 7671 et seq. ). Violation of this part is subject to Federal enforcement and the penalties laid out in section 113 of the Clean Air Act." 40:40:21.0.1.1.3.3.1.2,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,C,Subpart C—Management of Regulated Substances,,§ 84.102 Definitions.,EPA,,,,"For the terms not defined in this subpart but that are defined in § 84.3, the definitions in § 84.3 shall apply. For the purposes of this subpart C: Certified technician means a technician that has been certified per the provisions at 40 CFR 82.161. Comfort cooling means the refrigerant-containing appliances used for air conditioning to provide cooling in order to control heat and/or humidity in occupied facilities including but not limited to residential, office, and commercial buildings. Comfort cooling appliances include but are not limited to chillers, commercial split systems, dual-function heat pumps, and packaged roof-top units. Commercial refrigeration means the refrigerant-containing appliances used in the retail food and cold storage warehouse subsectors. Retail food appliances include the refrigerant-containing appliances found in supermarkets, convenience stores, restaurants, and other food service establishments. Cold storage includes the refrigerant-containing appliances used to store meat, produce, dairy products, and other perishable goods. Component, as it relates to a refrigerant-containing appliance, means a part of the refrigerant circuit within an appliance including but not limited to compressors, condensers, evaporators, receivers, and all of its connections and subassemblies. Custom-built means that the industrial process refrigeration equipment or any of its components cannot be purchased and/or installed without being uniquely designed, fabricated and/or assembled to satisfy a specific set of industrial process conditions. Disposal, as it relates to refrigerant-containing equipment, means the process leading to and including: (1) The discharge, deposit, dumping, or placing of any discarded refrigerant-containing equipment into or on any land or water; (2) The disassembly of any refrigerant-containing equipment for discharge, deposit, dumping, or placing of its discarded component parts into or on any land or water; (3) The vandalism of any refrigerant-containing equipment such that the refrigerant is released into the environment or would be released into the environment if it had not been recovered prior to the destructive activity; (4) The disassembly of any refrigerant-containing equipment for reuse of its component parts; or (5) The recycling of any refrigerant-containing equipment for scrap. Disposal, as it relates to fire suppression equipment, means the process leading to and including: (1) The discharge, deposit, dumping, or placing of any fire suppression equipment into or on any land or water; (2) The disassembly of any fire suppression equipment for discharge, deposit, dumping, or placing of its discarded component parts into or on any land or water; or (3) The disassembly of any fire suppression equipment for reuse of its component parts. Equipment means any device that contains, uses, detects, or is otherwise connected to or associated with a regulated substance or substitute for a regulated substance, including any component, system, refrigerant-containing appliance, and fire suppression equipment. Fire suppression equipment means any device that is connected to or associated with a regulated substance or substitute for a regulated substance, including blends and mixtures, consisting in part or whole of a regulated substance or a substitute for a regulated substance, and that is used for fire suppression purposes. This term includes any such equipment, component, or system. This term does not include military equipment used in deployable and expeditionary situations. This term also does not include space vehicles as defined in 40 CFR 84.3. Fire suppression technician means any person who in the course of servicing, repair, disposal, or installation of fire suppression equipment could be reasonably expected to violate the integrity of the fire suppression equipment and therefore release fire suppressants into the environment. Follow-up verification test, as it relates to a refrigerant-containing appliance, means those tests that involve checking the repairs to an appliance after a successful initial verification test and after the appliance has returned to normal operating characteristics and conditions to verify that the repairs were successful. Potential methods for follow-up verification tests include but are not limited to the use of soap bubbles as appropriate, electronic or ultrasonic leak detectors, pressure or vacuum tests, fluorescent dye and black light, infrared or near infrared tests, and handheld gas detection devices. Full charge, as it relates to a refrigerant-containing appliance, means the amount of refrigerant required for normal operating characteristics and conditions of the appliance as determined by using one or a combination of the following four methods: (1) Use of the equipment manufacturer's determination of the full charge; (2) Use of appropriate calculations based on component sizes, density of refrigerant, volume of piping, and other relevant considerations; (3) Use of actual measurements of the amount of refrigerant added to or evacuated from the appliance, including for seasonal variances; and/or (4) Use of an established range based on the best available data regarding the normal operating characteristics and conditions for the appliance, where the midpoint of the range will serve as the full charge. Industrial process refrigeration means complex customized refrigerant-containing appliances that are directly linked to the processes used in, for example, the chemical, pharmaceutical, petrochemical, and manufacturing industries. This sector also includes industrial ice machines, appliances used directly in the generation of electricity, and ice rinks. Where one appliance is used for both industrial process refrigeration and other applications, it will be considered industrial process refrigeration equipment if 50 percent or more of its operating capacity is used for industrial process refrigeration. Initial verification test, as it relates to a refrigerant-containing appliance, means those leak tests that are conducted after the repair is finished to verify that a leak or leaks have been repaired before refrigerant is added back to the appliance. Installation means the process of setting up equipment for use, which may include steps such as completing the refrigerant circuit, including charging equipment with a regulated substance or substitute for a regulated substance, or connecting cylinders containing a regulated substance or a substitute for a regulated substance to a total flooding fire suppression system, such that the equipment can function and is ready for use for its intended purpose. Leak inspection, as it relates to a refrigerant-containing appliance, means the examination of an appliance to detect and determine the location of refrigerant leaks. Potential methods include but are not limited to ultrasonic tests, gas-imaging cameras, bubble tests as appropriate, or the use of a leak detection device operated and maintained according to manufacturer guidelines. Methods that determine whether the appliance is leaking refrigerant but not the location of a leak, such as standing pressure/vacuum decay tests, sight glass checks, viewing receiver levels, pressure checks, and charging charts, must be used in conjunction with methods that can determine the location of a leak. Leak rate, as it relates to a refrigerant-containing appliance, means the rate at which an appliance is losing refrigerant, measured between refrigerant charges. The leak rate is expressed in terms of the percentage of the appliance's full charge that would be lost over a 12-month period if the current rate of loss were to continue over that period. The rate must be calculated using one of the following methods. The same method must be used for all appliances subject to the leak repair requirements located at an operating facility. (1) Annualizing Method —(i) Step 1. Take the number of pounds of refrigerant added to the appliance to return it to a full charge, whether in one addition or in multiple additions related to same leak, and divide it by the number of pounds of refrigerant the appliance normally contains at full charge; (ii) Step 2. Take the shorter of the number of days that have passed since the last day refrigerant was added or 365 days and divide that number by 365 days; (iii) Step 3. Take the number calculated in Step 1 and divide it by the number calculated in Step 2; and (iv) Step 4. Multiply the number calculated in Step 3 by 100 to calculate a percentage. This method is summarized in the following formula: (2) Rolling Average Method —(i) Step 1. Take the sum of the pounds of refrigerant added to the appliance over the previous 365-day period (or over the period that has passed since the last successful follow-up verification test showing all identified leaks in the appliance were repaired, if that period is less than one year); (ii) Step 2. Divide the result of Step 1 by the pounds of refrigerant the appliance normally contains at full charge; and (iii) Step 3. Multiply the result of Step 2 by 100 to obtain a percentage. This method is summarized in the following formula: Mothball, as it relates to a refrigerant-containing appliance, means to evacuate refrigerant from an appliance, or the affected isolated section or component of an appliance, to at least atmospheric pressure, and to temporarily shut down that appliance. Motor vehicle means any vehicle which is self-propelled and designed for transporting persons or property on a street or highway, including but not limited to passenger cars, light-duty vehicles, and heavy-duty vehicles. This definition does not include a vehicle where final assembly of the vehicle has not been completed by the original equipment manufacturer. Motor vehicle air conditioners (MVAC) means mechanical vapor compression refrigerant-containing appliances used to cool the driver's or passenger's compartment of any motor vehicle. This definition is intended to have the same meaning as in 40 CFR 82.32. MVAC-like appliance means a mechanical vapor compression, open-drive compressor refrigerant-containing appliance with a full charge of 20 pounds or less of refrigerant used to cool the driver's or passenger's compartment of off-road vehicles. This includes, but is not limited to, the air-conditioning appliances found on agricultural or construction vehicles. This definition is intended to have the same meaning as in 40 CFR 82.152. Normal operating characteristics and conditions, as it relates to a refrigerant-containing appliance, means appliance operating temperatures, pressures, fluid flows, speeds, and other characteristics, including full charge of the appliance, that would be expected for a given process load and ambient condition during normal operation. Normal operating characteristics and conditions are marked by the absence of atypical conditions affecting the operation of the appliance. Owner or operator means any person who owns, leases, operates, or controls any equipment, or who controls or supervises any practice, process, or activity that is subject to any requirement pursuant to this subpart. Recover means the process by which a regulated substance, or where applicable, a substitute for a regulated substance, is (1) removed, in any condition, from equipment and (2) stored in an external container, with or without testing or processing the regulated substance or substitute for a regulated substance. Recycling, when referring to fire suppression or fire suppressants, means the testing and/or reprocessing of regulated substances used in the fire suppression sector to certain purity standards. Refrigerant means any substance, including blends and mixtures, consisting in part or whole of a regulated substance or a substitute for a regulated substance that is used for heat transfer purposes and provides a cooling effect. Refrigerant circuit, as it relates to a refrigerant-containing appliance, means the parts of an appliance that are normally connected to each other (or are separated only by internal valves) and are designed to contain refrigerant. Refrigerant-containing appliance means any device that contains and uses a regulated substance or substitute for a regulated substance as a refrigerant including but not limited to any air conditioner, MVAC, MVAC-like appliance, refrigerator, chiller, or freezer. For such devices with multiple circuits, each independent circuit is considered a separate appliance. Refrigerant-containing equipment means equipment as defined in this subpart that contains, uses, or is otherwise connected to or associated with a regulated substance or substitute for a regulated substance that is used as a refrigerant. This definition includes refrigerant-containing components and refrigerant-containing appliances. This term does not include military equipment used in deployable and expeditionary situations. This term also does not include space vehicles as defined in 40 CFR 84.3. Repackager means an entity that transfers regulated substances, either alone or in a blend, from one container to another container prior to sale or distribution or offer for sale or distribution. An entity that services system cylinders for use in fire suppression equipment and returns the same regulated substances to the same system cylinder it was recovered from after the system cylinder is serviced is not a repackager. Repair, as it relates to a particular leak in a refrigerant-containing appliance, means making adjustments or other alterations to that refrigerant-containing appliance that have the effect of stopping leakage of refrigerant from that particular leak. Reprocess means using procedures such as filtering, drying, distillation, and other chemical procedures to remove impurities from a regulated substance or a substitute for a regulated substance. Retire, as it relates to a refrigerant-containing appliance, means the removal of the refrigerant and the disassembly or impairment of the refrigerant circuit such that the appliance as a whole is rendered unusable by any person in the future. Retrofit, as it relates to a refrigerant-containing appliance, means to convert an appliance from one refrigerant to another refrigerant. Retrofitting includes the conversion of the appliance to achieve system compatibility with the new refrigerant and may include, but is not limited to, changes in lubricants, gaskets, filters, driers, valves, o-rings, or appliance components. Seasonal variance, as it relates to a refrigerant-containing appliance, means the removal of refrigerant from an appliance due to a change in ambient conditions caused by a change in season, followed by the subsequent addition of an amount that is less than or equal to the amount of refrigerant removed in the prior change in season, where both the removal and addition of refrigerant occurs within one consecutive 12-month period. Stationary refrigerant-containing equipment means refrigerant-containing equipment, as defined in this subpart, that is not an MVAC or an MVAC-like appliance, as defined in this subpart. Substitute for a regulated substance means a substance that can be used in equipment in the same or similar applications as a regulated substance, to serve the same or a similar purpose, including but not limited to a substance used as a refrigerant in a refrigerant-containing appliance or as a fire suppressant in fire suppression equipment, provided that the substance is not a regulated substance or an ozone-depleting substance. Technician, as it relates to any person who works with refrigerant-containing appliances, means any person who in the course of servicing, repair, or installation of a refrigerant-containing appliance (except MVACs) could be reasonably expected to violate the integrity of the refrigerant circuit and therefore release refrigerants into the environment. Technician also means any person who in the course of disposal of a refrigerant-containing appliance (except small appliances as defined in 40 CFR 82.152, MVACs, and MVAC-like appliances) could be reasonably expected to violate the integrity of the refrigerant circuit and therefore release refrigerants from the appliances into the environment. Activities reasonably expected to violate the integrity of the refrigerant circuit include but are not limited to: Attaching or detaching hoses and gauges to and from the appliance; adding or removing refrigerant; adding or removing components; and cutting the refrigerant line. Activities such as painting the appliance, rewiring an external electrical circuit, replacing insulation on a length of pipe, or tightening nuts and bolts are not reasonably expected to violate the integrity of the refrigerant circuit. Activities conducted on refrigerant-containing appliances that have been properly evacuated pursuant to 40 CFR 82.156 are not reasonably expected to release refrigerants unless the activity includes adding refrigerant to the appliance. Technicians could include but are not limited to installers, contractor employees, in-house service personnel, and owners and/or operators of refrigerant-containing appliances. Virgin regulated substance means any regulated substance that has not had any bona fide use in equipment." 40:40:21.0.1.1.3.3.1.3,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,C,Subpart C—Management of Regulated Substances,,§ 84.104 Prohibitions.,EPA,,,,"(a) Sale of recovered refrigerant. No person may sell, distribute, or transfer to a new owner, or offer for sale, distribution, or transfer to a new owner, any regulated substance used as a refrigerant in stationary refrigerant-containing equipment consisting in whole or in part of recovered regulated substances, unless the recovered regulated substance: (1) Has been reclaimed by a person who has been certified as a reclaimer under 40 CFR 82.164 and has been reclaimed by being reprocessed to all of the specifications in appendix A to 40 CFR part 82, subpart F that are applicable to that regulated substance and verified to meet these specifications using the analytical methodology prescribed in section 5 of appendix A to 40 CFR part 82, subpart F; or (2) Is sold, distributed, or transferred to a new owner, or offered for sale, distribution, or transfer to a new owner solely for the purposes of being reclaimed or destroyed. (b) [Reserved]" 40:40:21.0.1.1.3.3.1.4,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,C,Subpart C—Management of Regulated Substances,,§ 84.106 Leak repair.,EPA,,,,"(a) Applicability. This section applies to refrigerant-containing appliances with a full charge of 15 or more pounds of refrigerant where the refrigerant contains: (1) A regulated substance, (2) A substitute for a regulated substance that has a global warming potential greater than 53, based on the global warming potentials listed in table 1 of § 84.64(b). (3) Notwithstanding the criteria in paragraphs (a)(1) and (2) of this section, the requirements of this section do not apply to: (i) Appliances (as defined in 40 CFR 82.152) containing solely an ozone-depleting substance as listed in 40 CFR part 82, subpart A as a refrigerant; (ii) Refrigerant-containing appliances used for the residential and light commercial air conditioning and heat pump subsector. (4) The requirements of this section apply as of January 1, 2026. (b) Leak rate calculation. Persons adding or removing refrigerant from a refrigerant-containing appliance must, upon conclusion of that installation, service, repair, or disposal, provide the owner or operator with documentation that meets the applicable requirements of paragraph (l)(2) of this section. The owner or operator must calculate the leak rate every time refrigerant is added to an appliance unless the addition is made immediately following a retrofit, installation of a new refrigerant-containing appliance, or qualifies as a seasonal variance. (1) Where an owner or operator is using the annualizing method to calculate a leak rate for a refrigerant-containing appliance for the first time after January 1, 2026, the calculation should substitute 365 days as the number of days since last refrigerant addition. (2) Where an owner or operator is using the rolling average method to calculate a leak rate for a refrigerant-containing appliance for the first time after January 1, 2026, the calculation should substitute pounds of refrigerant added since January 1, 2026. (3) An owner or operator may switch to a different leak rate calculation methodology only if the following requirements are met: (i) The owner or operator has purchased or otherwise acquired an operating facility with one or more refrigerant-containing appliance(s) which was previously using a different leak rate calculation methodology than the methodology being used at other facilities owned or operated by the owner or operator; (ii) The owner or operator has determined the refrigerant-containing appliance(s) at any operating facility for which the leak rate calculation methodology would change are not exceeding the applicable leak rate in paragraph (c)(2) of this section under either of the leak rate calculation methodologies ; and (iii) The owner or operator must retain a record of this change as described in paragraph (l)(3) of this section. (c) Requirement to address leaks through repair, or retrofitting or retiring a refrigerant-containing appliance. (1) Owners or operators must repair leaks in refrigerant-containing appliances with a leak rate over the applicable leak rate in this paragraph in accordance with paragraphs (d) through (f) of this section unless the owner or operator elects to retrofit or retire the refrigerant-containing appliance in compliance with paragraphs (h) and (i) of this section. If the owner or operator elects to repair leaks but fails to bring the leak rate below the applicable leak rate, the owner or operator must create and implement a retrofit or retirement plan in accordance with paragraphs (h) and (i) of this section. Repairs must be conducted by a certified technician, as defined in this subpart. (2) Leak rates: (i) 20 percent leak rate for commercial refrigeration appliances; (ii) 30 percent leak rate for industrial process refrigeration appliances; and (iii) 10 percent leak rate for comfort cooling appliances, refrigerated transport appliances, or other refrigerant-containing appliances with a full charge of 15 or more pounds of refrigerant not covered by paragraph (c)(2)(i) or (ii) of this section. (d) Appliance repair. Owners or operators must identify and repair leaks in accordance with this paragraph within 30 days (or 120 days if an industrial process shutdown is required) of when refrigerant is added to a refrigerant-containing appliance exceeding the applicable leak rate in paragraph (c) of this section. (1) A certified technician must conduct a leak inspection, as described in paragraph (g) of this section, to identify the location of leaks. (2) Leaks must be repaired such that the leak rate of the refrigerant-containing appliance is brought below the applicable leak rate. This must be confirmed by the leak rate calculation performed upon the next refrigerant addition. Leak repairs will be presumed to be successful if, over the 12-month period after the date of a successful follow-up verification test, there is no further refrigerant addition or if the leak inspections required under paragraph (g) and/or automatic leak detection systems required by § 84.108 do not find any leaks in the appliance. Repairs of leaks must be documented by both an initial and a follow-up verification test or tests. (3) The time frames in paragraphs (d) through (f) of this section are temporarily suspended when an appliance is mothballed. The time will resume on the day additional refrigerant is added to the refrigerant-containing appliance (or component of a refrigerant-containing appliance if the leaking component was isolated). (e) Verification tests. The owner or operator must conduct both initial and follow-up verification tests on each leak that was repaired under paragraph (d) of this section. (1) Initial verification test. Unless granted additional time, an initial verification test must be performed within 30 days (or 120 days if an industrial process shutdown is required) of a refrigerant-containing appliance exceeding the applicable leak rate in paragraph (c) of this section. An initial verification test must demonstrate that for leaks where repair attempts were made, the adjustments or alterations to the refrigerant-containing appliance have held. (i) For repairs that can be completed without the need to open or evacuate the refrigerant-containing appliance, the test must be performed after the conclusion of the repairs and before any additional refrigerant is added to the refrigerant-containing appliance. (ii) For repairs that require the evacuation of the refrigerant-containing appliance or portion of the refrigerant-containing appliance, the test must be performed before adding any refrigerant to the refrigerant-containing appliance. (iii) If the initial verification test indicates that the repairs have not been successful, the owner or operator may conduct as many additional repairs and initial verification tests as needed within the applicable time period. (2) Follow-up verification test. A follow-up verification test must be performed within 10 days of the successful initial verification test or 10 days of the refrigerant-containing appliance reaching normal operating characteristics and conditions (if the refrigerant-containing appliance or isolated component was evacuated for the repair(s)). Where it is unsafe to be present or otherwise impossible to conduct a follow-up verification test when the system is operating at normal operating characteristics and conditions, the verification test must, where practicable, be conducted prior to the system returning to normal operating characteristics and conditions. (i) A follow-up verification test must demonstrate that leaks where repair attempts were made are repaired. If the follow-up verification test indicates that the repairs have not been successful, the owner or operator may conduct as many additional repairs and verification tests as needed to bring the refrigerant-containing appliance below the leak rate within the applicable time period and to verify the repairs. (ii) [Reserved] (f) Extensions to the appliance repair deadlines. Owners or operators are permitted more than 30 days (or 120 days if an industrial process shutdown is required) to comply with paragraphs (d) and (e) of this section if they meet the requirements of paragraphs (f)(1) through (4) of this section or the refrigerant-containing appliance is mothballed. Extension requests must be signed by an authorized company official. The request will be considered approved unless EPA notifies the owners or operators otherwise. (1) One or more of the following conditions must apply: (i) The refrigerant-containing appliance is located in an area subject to radiological contamination or shutting down the refrigerant-containing appliance will directly lead to radiological contamination. Additional time is permitted to the extent needed to conduct and finish repairs in a safe working environment. (ii) Requirements of other applicable Federal, State, local, or Tribal regulations make repairs within 30 days (or 120 days if an industrial process shutdown is required) impossible. Additional time is permitted to the extent needed to comply with the pertinent regulations. (iii) Components that must be replaced are not available within 30 days (or 120 days if an industrial process shutdown is required). Additional time is permitted up to 30 days after receiving delivery of the necessary components, not to exceed 180 days (or 270 days if an industrial process shutdown is required) from the date the refrigerant-containing appliance exceeded the applicable leak rate. (2) Repairs to leaks that the technician has identified as significantly contributing to the exceedance of the leak rate and that do not require additional time must be completed and verified within the initial 30-day repair period (or 120-day repair period if an industrial process shutdown is required); (3) The owner or operator must document all repair efforts and the reason for the inability to make all necessary repairs within the initial 30-day repair period (or 120-day repair period if an industrial process shutdown is required); and (4) The owner or operator must request an extension from EPA electronically, using the Agency's applicable reporting platform, within 30 days (or 120 days if an industrial process shutdown is required) of the refrigerant-containing appliance exceeding the applicable leak rate in paragraph (c) of this section. Extension requests must include: Identification and address of the facility; the name of the owner or operator of the refrigerant-containing appliance; the leak rate; the method used to determine the leak rate and full charge; the date the refrigerant-containing appliance exceeded the applicable leak rate; the location of leak(s) to the extent determined to date; any repairs that have been performed thus far, including the date that repairs were completed; the reasons why more than 30 days (or 120 days if an industrial process shutdown is required) are needed to complete the repairs; an estimate of when the repairs will be completed; and a signature from an authorized company official. If the estimated completion date is to be extended, a new estimated date of completion and documentation of the reason for that change must be submitted to EPA within 30 days of identifying that the completion date must be extended. The owner or operator must keep a dated copy of these submissions. (g) Leak inspections. (1) The owner or operator must conduct a leak inspection in accordance with the following schedule on any refrigerant-containing appliance exceeding the applicable leak rate in paragraph (c)(2) of this section. (i) For commercial refrigeration and industrial process refrigeration appliances with a full charge of 500 or more pounds, leak inspections must be conducted once every three months after the date of a successful follow-up verification test, until the owner or operator can demonstrate through the leak rate calculations required under paragraph (b) of this section that the appliance has not leaked in excess of the applicable leak rate for four quarters in a row. (ii) For commercial refrigeration and industrial process refrigeration appliances with a full charge of 15 or more pounds but less than 500 pounds, leak inspections must be conducted once per year after the date of a successful follow-up verification test, until the owner or operator can demonstrate through the leak rate calculations required under paragraph (b) of this section that the appliance has not leaked in excess of the applicable leak rate for one year. (iii) For comfort cooling appliances and other appliances not covered by paragraphs (g)(1)(i) and (ii) of this section, leak inspections must be conducted once per year after the date of a successful follow-up verification test, until the owner or operator can demonstrate through the leak rate calculations required under paragraph (b) of this section that the appliance has not leaked in excess of the applicable leak rate for one year. (2) Leak inspections must be conducted by a certified technician using method(s) determined by the certified technician to be appropriate for that refrigerant-containing appliance. (3) All visible and accessible components of a refrigerant-containing appliance must be inspected, with the following exceptions: (i) Where components are insulated, under ice that forms on the outside of equipment, underground, behind walls, or are otherwise inaccessible; (ii) Where personnel must be elevated more than two meters above a support surface; or (iii) Where components are unsafe to inspect, as determined by site personnel. (4) Quarterly or annual leak inspections are not required on refrigerant-containing appliances, or portions of refrigerant-containing appliances, continuously monitored by an automatic leak detection system that is audited or calibrated annually. An automatic leak detection system may directly detect refrigerant in air, monitor its surrounding in a manner other than detecting refrigerant concentrations in air, or monitor conditions of the appliance. An automatic leak detection system being used for this purpose must meet the requirements for automatic leak detection systems in § 84.108(c) through (g) and § 84.108(i). (i) When an automatic leak detection system is only being used to monitor portions of a refrigerant-containing appliance, the remainder of the refrigerant-containing appliance continues to be subject to any applicable leak inspection requirements. (ii) [Reserved] (h) Retrofit or retirement plans. (1) The owner or operator must create a retrofit or retirement plan within 30 days of: (i) A refrigerant-containing appliance leaking above the applicable leak rate in paragraph (c) of this section if the owner or operator intends to retrofit or retire rather than repair leaks; (ii) A refrigerant-containing appliance leaking above the applicable leak rate in paragraph (c) of this section if the owner or operator fails to take any action to identify or repair leaks; or (iii) A refrigerant-containing appliance continues to leak above the applicable leak rate after having conducted the required repairs and verification tests under paragraphs (d) and (e) of this section. (2) A retrofit or retirement plan must, at a minimum, contain the following information: (i) Identification and location of the refrigerant-containing appliance; (ii) Type and full charge of the refrigerant used in the refrigerant-containing appliance; (iii) Type and full charge of the refrigerant to which the refrigerant-containing appliance will be converted, if retrofitted; (iv) Itemized procedure for converting the refrigerant-containing appliance to a different refrigerant, including changes required for compatibility with the new refrigerant, if retrofitted; (v) Plan for the disposition of recovered refrigerant; (vi) Plan for the disposition of the refrigerant-containing appliance, if retired; and (vii) A schedule, not to exceed one year, for completion of the appliance retrofit or retirement. (3) The retrofit or retirement plan must be signed by an authorized company official, dated, accessible at the site of the refrigerant-containing appliance in paper copy or electronic format, and available for EPA inspection upon request. (4) All identified leaks must be repaired as part of any retrofit under such a plan. (5) A retrofit or retirement plan must be implemented as follows: (i) Unless granted additional time, all work performed in accordance with the plan must be finished within one year of the plan's date (not to exceed 12 months from when the plan was finalized as required in paragraph (h)(1) of this section). (ii) The owner or operator may request that EPA relieve it of the obligation to retrofit or retire a refrigerant-containing appliance if the owner or operator can establish within 180 days of the plan's date that the refrigerant-containing appliance no longer exceeds the applicable leak rate and if the owner or operator agrees in writing to repair all identified leaks within one year of the plan's date consistent with paragraphs (h)(4) and (h)(5)(i) of this section. The owner or operator must submit to EPA the retrofit or retirement plan as well as the following information: The date that the requirement to develop a retrofit or retirement plan was triggered; the leak rate; the method used to determine the leak rate and full charge; the location of the leak(s) identified in the leak inspection; a description of the repairs that have been completed; a description of repairs that have not been completed; a description of why repairs were not conducted within the time frames required under paragraphs (d) and (f) of this section; and a statement signed by an authorized company official that all identified leaks will be repaired and an estimate of when those repairs will be completed (not to exceed one year from date of the plan). The request will be considered approved unless EPA notifies the owner or operator within 60 days of receipt of the request that it is not approved. (i) Extensions to the one-year retrofit or retirement schedule. Owners or operators may request more than one year to comply with paragraph (h) of this section if they meet the requirements of this paragraph. The request will be considered approved unless EPA notifies the owners or operators within 60 days of receipt of the request that it is not approved. The request must be submitted to EPA electronically, using the Agency's applicable reporting platform, within seven months of discovering the refrigerant-containing appliance exceeded the applicable leak rate. The request must include the identification of the refrigerant-containing appliance; name of the owner or operator; the leak rate; the method used to determine the leak rate and full charge; the date the refrigerant-containing appliance exceeded the applicable leak rate; the location of leaks(s) to the extent determined to date; any repairs that have been finished thus far, including the date that repairs were finished; a plan to finish the retrofit or retirement of the refrigerant-containing appliance; the reasons why more than one year is necessary to retrofit or retire the refrigerant-containing appliance; the date of notification to EPA; a signature from an authorized company official; and an estimate of when the retrofit or retirement will be finished. A dated copy of the request must be available on-site in either electronic or paper copy. If the estimated completion date is to be revised, a new estimated date of completion and documentation of the reason for that change must be submitted to EPA electronically, using the Agency's applicable reporting platform, within 30 days. Additionally, the time frames in paragraph (h) of this section and this paragraph (i) are temporarily suspended when a refrigerant-containing appliance is mothballed. The time will resume running on the day additional refrigerant is added to the refrigerant-containing appliance (or component of a refrigerant-containing appliance if the leaking component was isolated). (1) Extensions available to industrial process refrigeration. Owners or operators of industrial process refrigeration appliances may request additional time beyond the one-year period in paragraph (h) of this section to finish the retrofit or retirement under the following circumstances: (i) Requirements of other applicable Federal, State, local, or Tribal regulations make a retrofit or retirement within one year impossible. Additional time is permitted to the extent needed to comply with the pertinent regulations; (ii) The new or the retrofitted equipment is custom-built as defined in this subpart and the supplier of the appliance or one of its components has quoted a delivery time of more than 30 weeks from when the order is placed. The appliance or appliance components must be installed within 120 days after receiving delivery of the necessary parts; (iii) The equipment or component is located in an area subject to radiological contamination and creating a safe working environment will require more than 30 weeks; or (iv) After receiving an extension under paragraph (i)(1)(ii) of this section, owners or operators may request additional time if necessary to finish the retrofit or retirement of the refrigerant-containing appliance. The request must be submitted to EPA before the end of the ninth month of the initial extension and must include the same information submitted for that extension, with any necessary revisions. A dated copy of the request must be available on-site in either electronic or paper copy. The request will be considered approved unless EPA notifies the owners or operators within 60 days of receipt of the request that it is not approved. (2) [Reserved] (j) Chronically leaking appliances. Owners or operators of refrigerant-containing appliances containing 15 or more pounds of refrigerant that leak 125 percent or more of the full charge in a calendar year must submit a report containing the information required in paragraph (m)(4) of this section to EPA by March 1 of the subsequent year. (k) Purged refrigerant. In calculating annual leak rates, purged refrigerant that is destroyed at a verifiable destruction efficiency of 98 percent or greater will not be counted toward the leak rate. (l) Recordkeeping. All records identified in this paragraph must be kept for at least three years in electronic or paper format, unless otherwise specified. (1) By January 1, 2026, or upon installation for refrigerant-containing appliances installed on or after January 1, 2026, owners or operators must determine the full charge of all refrigerant-containing appliances with 15 or more pounds of refrigerant and maintain the following information for each appliance until three years after the appliance is retired: (i) The identification of the owner or operator of the refrigerant-containing appliance; (ii) The address where the appliance is located; (iii) The full charge of the refrigerant-containing appliance and the method for how the full charge was determined; (iv) If using method 4 (using an established range) for determining full charge, records must include the range for the full charge of the refrigerant-containing appliance, its midpoint, and how the range was determined; (v) Any revisions of the full charge, how they were determined, and the dates such revisions occurred; and (vi) The date of installation. (2) Owners or operators must maintain a record including the following information for each time a refrigerant-containing appliance with a full charge of 15 or more pounds is installed, serviced, repaired, or disposed of, when applicable. (i) The identity and location of the refrigerant-containing appliance; (ii) The date of the installation, service, repair, or disposal performed; (iii) The part(s) of the refrigerant-containing appliance being installed, serviced, repaired, or disposed; (iv) The type of installation, service, repair, or disposal performed for each part; (v) The name of the person performing the installation, service, repair, or disposal; (vi) The amount and type of refrigerant added to, or in the case of disposal removed from, the appliance; (vii) The full charge of the refrigerant-containing appliance; and (viii) The leak rate and the method used to determine the leak rate (not applicable when disposing of the refrigerant-containing appliance, following a retrofit, installing a new refrigerant-containing appliance, or if the refrigerant addition qualifies as a seasonal variance). (3) Owners or operators must maintain the following records of changes to the leak rate calculation method after a change in ownership or acquisition specified in paragraph (b)(3) of this section: (i) Basic identification information ( i.e., owner or operator, facility name, facility address where appliance is located, and appliance ID or description); (ii) The date the operating facility referenced in paragraph (b)(3)(i) was purchased or otherwise acquired; (iii) The leak rates for all refrigerant-containing appliances at any operating facility for which the leak rate calculation methodology would change, listing the results for each leak rate calculation methods (the annualizing method and the rolling average method) separately; (iv) The date the new leak rate calculation method is adopted; and (v) The leak rate calculation method the owner or operator is using after the change. (4) If the installation, service, repair, or disposal is done by someone other than the owner or operator, that person must provide a record containing the information specified in paragraph (l)(2)(i) through (l)(2)(vi) of this section, when applicable, to the owner or operator. (5) Owners or operators must keep records of leak inspections that include the date of inspection, the method(s) used to conduct the leak inspection, a list of the location of each leak that was identified, and a certification that all visible and accessible parts of the refrigerant-containing appliance were inspected. The certified technicians conducting the leak inspections must, upon conclusion of that service, provide the owner or operator of the refrigerant-containing appliance with documentation that meets these requirements. (6) If using an automatic leak detection system, the owner or operator must maintain records regarding the installation and the annual audit and calibration of the system, a record of each date the monitoring system identified a leak, and the location of the leak. (7) Owners or operators must maintain records of the dates and results of all initial and follow-up verification tests. Records must include the location of the refrigerant-containing appliance, the date(s) of the verification tests, the location(s) of all repaired leaks that were tested, the type(s) of verification test(s) used, and the results of those tests. The certified technicians conducting the initial or follow-up verification tests must, upon conclusion of that service, provide the owner or operator of the appliance with documentation that meets these requirements. (8) Owners or operators must maintain retrofit or retirement plans developed in accordance with paragraph (h) of this section. (9) Owners or operators must maintain retrofit and/or retirement extension requests submitted to EPA in accordance with paragraph (i) of this section. (10) Owners or operators that suspend the deadlines in this section by mothballing a refrigerant-containing appliance must keep records documenting when the appliance was mothballed and when additional refrigerant was added to the appliance (or isolated component). (11) Owners or operators who exclude purged refrigerants that are destroyed from annual leak rate calculations must maintain records to support the amount of refrigerant claimed as sent for destruction. Records must be based on a monitoring strategy that provides reliable data to demonstrate that the amount of refrigerant claimed to have been destroyed is not greater than the amount of refrigerant actually purged and destroyed and that the 98 percent or greater destruction efficiency is met. Records must include flow rate, quantity or concentration of the refrigerant in the vent stream, and periods of purge flow. Records must include: (i) The identification of the facility and a contact person, including the address and telephone number; (ii) A description of the refrigerant-containing appliance, focusing on aspects relevant to the purging of refrigerant and subsequent destruction; (iii) A description of the methods used to determine the quantity of refrigerant sent for destruction and type of records that are being kept by the owners or operators where the appliance is located; (iv) The frequency of monitoring and data-recording; and (v) A description of the control device, and its destruction efficiency. (12) Owners or operators that exclude additions of refrigerant due to seasonal variance from their leak rate calculation must maintain records stating that they are using the seasonal variance flexibility and documenting the amount added and removed under paragraph (l)(2) of this section. (13) Owners or operators that submit reports to EPA in accordance with paragraph (m) of this section must maintain copies of the submitted reports and any responses from EPA. (m) Reporting. All notifications must be submitted electronically using the Agency's applicable reporting platform. (1) Owners or operators must notify EPA electronically, using the Agency's applicable reporting platform, in accordance with paragraph (f) of this section when seeking an extension of time to complete repairs. (2) Owners or operators must notify EPA electronically, using the Agency's applicable reporting platform, in accordance with paragraph (h)(5)(ii) of this section when seeking relief from the obligation to retrofit or retire an appliance. (3) Owners or operators must notify EPA electronically, using the Agency's applicable reporting platform, in accordance with paragraph (i) of this section when seeking an extension of time to complete the retrofit or retirement of an appliance. (4) Owners or operators must report to EPA electronically, using the Agency's applicable reporting platform, the following information in accordance with paragraph (j) of this section for any refrigerant-containing appliance containing 15 or more pounds of refrigerant that leaks 125 percent or more of the full charge in a calendar year: (i) Basic identification information ( i.e., owner or operator, facility name, facility address where appliance is located, and appliance ID or description); (ii) Refrigerant-containing appliance type (comfort cooling or other, industrial process refrigeration, or commercial refrigeration); (iii) Refrigerant type; (iv) Full charge of appliance (pounds); (v) Annual percent refrigerant loss; (vi) Dates of refrigerant addition; (vii) Amounts of refrigerant added; (viii) Date of last successful follow-up verification test; (ix) Explanation of cause refrigerant losses; (x) Description of repair actions taken; (xi) Whether a retrofit or retirement plan has been developed for the refrigerant-containing appliance and if so, the anticipated date of retrofit or retirement; and (xii) A signed statement from an authorized company official. (5) When excluding purged refrigerants that are destroyed from annual leak rate calculations, owners or operators must notify EPA electronically, using the Agency's applicable reporting platform, within 60 days after the first time the exclusion is used by the facility where the appliance is located. The report must include the information included in paragraph (l)(11) of this section and must be signed by an authorized company official." 40:40:21.0.1.1.3.3.1.5,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,C,Subpart C—Management of Regulated Substances,,§ 84.108 Automatic leak detection systems.,EPA,,,,"(a) Owners or operators of refrigerant-containing appliances used for industrial process refrigeration or commercial refrigeration with a full charge of 1,500 pounds or greater of a refrigerant containing a regulated substance or a substitute for a regulated substance with a global warming potential greater than 53 must install and use an automatic leak detection system in accordance with this section. (1) If the refrigerant in a refrigerant-containing appliance contains a substitute for a regulated substance, whether the global warming potential of the substitute is greater than 53 will be determined as described in § 84.106(a)(2). (2) [Reserved] (b)(1) Owners and operators of refrigerant-containing appliances that are subject to the requirements under paragraph (a) of this section and that are installed on or after January 1, 2026, must install and use an automatic leak detection system upon installation of the refrigerant-containing appliance or within 30 days of installation of the refrigerant-containing appliance. (2) Owners and operators of refrigerant-containing appliances that are subject to the requirements under paragraph (a) of this section and that were installed on or after January 1, 2017, and before January 1, 2026, must install and use an automatic leak detection system by January 1, 2027. (c) Automatic leak detection systems must be installed in accordance with manufacturer instructions. (d) Automatic leak detection systems must be audited and calibrated annually. (e) Automatic leak detection systems are required to monitor components located inside an enclosed building or structure. (f) For automatic leak detection systems that directly detect the presence of a refrigerant in air, the system must: (1) Have sensors or intakes placed so that they will continuously monitor the refrigerant concentrations in air in proximity to the compressor, evaporator, condenser, and other areas with a high potential for a refrigerant leak; (2) Accurately detect a concentration level of 10 parts per million of vapor of the specific refrigerant or refrigerants used in the refrigerant-containing appliance(s); and (3) Alert the owner or operator when a refrigerant concentration of 100 parts per million of vapor of the specific refrigerant or refrigerants used in the appliance(s) is reached. (g) For automatic leak detection systems that monitor conditions of the refrigerant-containing appliance, the system must automatically alert the owner or operator when measurements indicate a loss of 50 pounds of refrigerant or 10 percent of the full charge, whichever is less. (h) When an automatic leak detection system alerts an owner or operator of a leak as described in this section, owners and operators of refrigerant-containing appliances using automatic leak detection systems must comply with the requirements either in paragraph (h)(1) or in (h)(2) of this section and must also comply with paragraph (h)(3) of this section where applicable: (1) Calculate the leak rate within 30 days (or 120 days where an industrial process shutdown would be necessary) of an alert and, if the leak rate is above the applicable leak rate as described in § 84.106(c)(2), comply with the full suite of leak repair provisions in § 84.106; or (2) Preemptively repair the identified leak(s) before adding refrigerant to the appliance and then calculate the leak rate within 30 days (or 120 days where an industrial process shutdown would be necessary) of an alert. If the leak rate is above the applicable leak rate as described in § 84.106(c)(2), the owner or operator must comply with the full suite of leak repair provisions in § 84.106. (3) Where a refrigerant-containing appliance using an automatic leak detection system is found to be leaking above the applicable leak rate as described in § 84.106(c)(2), and the automatic leak system is only being used to monitor portions of an appliance, the remainder of the appliance continues to be subject to any applicable leak inspection requirements, as described in § 84.106(g). (i) Recordkeeping. The owner or operator must maintain records for at least three years in electronic or paper format, unless otherwise specified, regarding: (1) The installation of the automatic leak detection system; (2) The annual audit and calibration of the system; (3) A record of each date the automatic leak detection system triggers an alert; and (4) The location of the leak(s) which resulted in the alarm." 40:40:21.0.1.1.3.3.1.6,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,C,Subpart C—Management of Regulated Substances,,§ 84.110 Emissions from fire suppression equipment.,EPA,,,,"(a) As of January 1, 2026, no person installing, servicing, repairing, or disposing of fire suppression equipment containing a regulated substance may knowingly vent or otherwise release into the environment any regulated substances used in such equipment. (1) Release of regulated substances during testing of fire suppression equipment is not subject to the prohibition under this paragraph (a) if the following four conditions are met: (i) Equipment employing suitable alternative fire suppression agents are not available; (ii) Release of fire suppression agent is essential to demonstrate equipment functionality; (iii) Failure of the system or equipment would pose great risk to human safety or the environment; and (iv) A simulant agent cannot be used in place of the regulated substance for testing purposes. (2) The prohibition under this paragraph (a) does not apply to qualification and development testing during the design and development process of fire suppression equipment containing regulated substances when such tests are essential to demonstrate equipment functionality and when a suitable simulant agent cannot be used in place of the regulated substance for testing purposes. (3) The prohibition under this paragraph (a) does not apply to the emergency release of regulated substances for the legitimate purpose of fire extinguishing, explosion inertion, or other emergency applications for which the fire suppression equipment was designed. (b) As of January 1, 2026, no owner or operator of fire suppression equipment containing regulated substances shall allow the release of regulated substances to occur as a result of failure to maintain such fire suppression equipment. (c) As of January 1, 2030, recycled regulated substances must be used for the initial installation of new fire suppression equipment, including both total flooding systems and streaming applications, that is installed in the United States. As of January 1, 2026, recycled regulated substances must be used for the servicing and/or repair of existing fire suppression equipment in the United States, including both total flooding systems and streaming applications. Notwithstanding the prior sentences, if the fire suppression equipment does not use any regulated substance, this requirement does not apply. If the fire suppression equipment uses a regulated substance in combination with other fire suppression agents, this requirement will only apply to the regulated substance used. (d) Any person who employs fire suppression technicians who install, service, repair, or dispose of fire suppression equipment containing regulated substances shall train technicians hired on or before January 1, 2026, on emissions reduction of regulated substances by June 1, 2026. Fire suppression technicians hired after January 1, 2026, shall be trained regarding emissions reduction of regulated substances within 30 days of hiring, or by June 1, 2026, whichever is later. (1) The fire suppression technician training shall include an explanation of the purpose of the training requirement and also address the following: (i) The significance of minimizing releases of regulated substances and ensuring technician safety; (ii) An overview of regulated substances and environmental concerns with regulated substances, including discussion of other federal, State, local, or Tribal fire, building, safety, and environmental codes and standards; (iii) A review of relevant regulations concerning regulated substances, including the requirements of this subpart that apply with respect to fire suppression equipment; and (iv) Specific technical instruction relevant to avoiding unnecessary emissions of regulated substances during the servicing, repair, disposal, or installation of fire suppression equipment at the different types of facilities where the technician might perform such work on fire suppression equipment. (2) [Reserved] (e) As of January 1, 2026, no person shall dispose of fire suppression equipment containing regulated substances except by either recovering the regulated substances themselves before sending the equipment for disposal or by leaving the regulated substances in the equipment and sending it for disposal to a facility, such as a fire suppression equipment manufacturer, a distributor, or a fire suppressant recycler. (f) As of January 1, 2026, no person shall dispose of regulated substances used as a fire suppression agent except by sending it for recycling to a fire suppressant recycler or a reclaimer certified under 40 CFR 82.164, or by arranging for its destruction using one of the controlled processes listed in § 84.29. (1) Any person using a device to recover, store, and/or transfer regulated substances used in fire suppression equipment must: evacuate the device used to recover, store, and/or transfer regulated substances prior to each use to prevent contamination, arrange for destruction of the recovered regulated substances as necessary; and collect and dispose of wastes from the recycling process. (2) Any person using recovery and recycling equipment to recover regulated substances from fire suppression equipment must: (i) Operate and maintain recovery and recycling equipment in accordance with manufacturer specifications to ensure that the equipment performs as specified; (ii) Repair leaks in storage, recovery, recycling, and/or charging equipment used with regulated substances before use; and (iii) Ensure that cross-contamination does not occur through the mixing of regulated substances that may be contained in similar cylinders. (g)(1) As of January 1, 2026, any person who performs first fill of fire suppression equipment, service ( e.g., recharge) of fire suppression equipment, and/or recycles regulated substances recovered from fire suppression equipment, such as equipment manufacturers, distributors, agent suppliers, or installers that recycle regulated substances, must submit a report to EPA annually covering the prior year's activity from January 1 through December 31. The first annual report must be submitted to the Agency on February 14, 2027, and subsequent annual reports must be submitted by February 14 of each subsequent year. Each annual report must be submitted electronically, using the Agency's applicable reporting platform. Each annual report must contain basic identification information ( i.e., owner name, facility name, facility address where equipment is located) and the following information for each regulated substance: the quantity of material (the combined mass of regulated substance and contaminants) sold for the purpose of installation of new fire suppression equipment and servicing and/or repair of existing fire suppression equipment; the quantity of material (the combined mass of regulated substance and contaminants) in inventory onsite for the purpose of installation of new fire suppression equipment and servicing and/or repair of existing fire suppression equipment broken out by recovered, recycled, and virgin; the total mass of each regulated substance sold for the purpose of installation of new fire suppression equipment and servicing and/or repair of existing fire suppression equipment; the total mass of each regulated substance in inventory onsite for the purpose of installation of new fire suppression equipment and servicing and/or repair of existing fire suppression equipment broken out by recovered, recycled, and virgin; and the total mass of waste products the reporting entity sent for disposal, along with information about the disposal facility if waste is not processed by the reporting entity. A copy of the submitted reports must be maintained for three years in either electronic or paper format. If any entity reports information to EPA under § 84.31(j) that is also required to be reported under this paragraph, to the extent the information reported under § 84.31(j) overlaps with the information that must be reported under this paragraph, in lieu of reporting the same information twice, the entity may refer to the corresponding information reported under § 84.31(j) and explain how it satisfies the reporting requirements in completing the reporting under this paragraph. (2) As of January 1, 2026, any person who employs fire suppression technicians who service, repair, install, or dispose of fire suppression equipment containing regulated substances must maintain an electronic or paper copy of the fire suppression technician training used to meet the requirements in paragraph (d) of this section and make that copy available to EPA upon request. These entities must document that they have provided training to personnel as specified in paragraph (d) of this section and must maintain these records for three years after each training in either electronic or paper format. (3) As of January 1, 2026, owners and operators of fire suppression equipment containing regulated substances must maintain records documenting that regulated substances are recovered from the fire suppression equipment before it is sent for disposal as specified in paragraph (e) of this section. Such records must be maintained for three years after the relevant equipment is sent for disposal in either electronic or paper format." 40:40:21.0.1.1.3.3.1.7,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,C,Subpart C—Management of Regulated Substances,,§ 84.112 Reclamation.,EPA,,,,"(a) Reclamation Standard. As of January 1, 2026, no person may sell, identify, or report refrigerant as being reclaimed for use in the installation, servicing, or repair of refrigerant-containing equipment if the regulated substance component of the resulting refrigerant contains more than 15 percent, by weight, of virgin regulated substance. (b) Bona fide use. No person may sell, identify, or report refrigerant as being reclaimed if it contains any recovered regulated substance that has not had bona fide use in equipment, unless that refrigerant was removed from the heel or residue of a container that had a bona fide use in the servicing, repair, or installation of refrigerant-containing equipment. (c) Labeling. As of January 1, 2026, reclaimers certified under 40 CFR 82.164 must affix a label to any container they fill that is being sold or distributed or offered for sale or distribution and that contains reclaimed regulated substances to certify that the contents do not exceed 15 percent, by weight, of virgin regulated substances. (1) The label must read: “The contents of this container do not exceed the limit of 15 percent, by weight, on virgin regulated substance per 40 CFR 84.112(a) .” (2) The label must be: (i) In English; (ii) Durable and printed or otherwise labeled on, or affixed to, an external surface of the container; (iii) Readily visible and legible; (iv) Able to withstand open weather exposure without a substantial reduction in visibility or legibility; and (v) Displayed on a background of contrasting color. (d) Recordkeeping. As of January 1, 2026, reclaimers certified under 40 CFR 82.164 must generate a record to certify that the reclaimed regulated substance(s) being used to fill a container that will be sold or distributed or offered for sale or distribution do not exceed 15 percent, by weight, of virgin regulated substances. (1) The record must be generated electronically, in a format specified by EPA. (2) The record must contain the following information: (i) The name, address, contact person, email address, and phone number of the reclaimer certified under 40 CFR 82.164 who is making the certification; (ii) The date the container was filled with reclaimed regulated substance(s); (iii) The amount and name of the regulated substance(s) in the container(s); (iv) Certification that the contents of the container are from a batch where the amount of virgin regulated substance(s) does not exceed 15 percent, by weight, of the total regulated substance(s); (v) The unique serial number associated with the container(s) filled from the batch; (vi) Identification of the batch of reclaimed regulated substance(s) used to fill the container(s); and (vii) The percent, by weight, of virgin regulated substance(s) in the batch used to fill the container(s). (3) The record must be maintained by the reclaimer certified under 40 CFR 82.164 for three years. (e) Servicing and/or repair. As of January 1, 2029, the servicing and/or repair of refrigerant-containing equipment that contains a regulated substance must be done with reclaimed refrigerant that meets the requirements of 84.112(a)-(c) of this section if such equipment is in one or more of the following subsectors: (1) Supermarket systems; (2) Refrigerated transport; and (3) Automatic commercial ice makers. (f) Reporting. (1) Reclaimers, distributors, and wholesalers of reclaimed refrigerants that contain regulated substances that are sold or distributed for the intended purpose of servicing and/or repair of refrigerant-containing equipment in the subsectors listed in paragraph (e) of this section must submit a report to EPA electronically, using the Agency's applicable reporting platform, by February 14, 2027, covering activity from January 1 through December 31, 2026 and containing the following information: name and address of the company; contact person, email address, and phone number of the responsible party; the quantity of reclaimed refrigerant containing regulated substance(s) by the name and mass of reclaimed refrigerant(s); and indication of the specific subsector(s) where the reclaimed refrigerant(s) containing regulated substance(s) are sold or distributed. (2) Reclaimers, distributors, and wholesalers of reclaimed refrigerants that contain regulated substances that are sold or distributed for the intended purpose of servicing and/or repair of refrigerant-containing equipment in the subsectors listed in paragraph (e) of this section must submit a report to EPA electronically, using the Agency's applicable reporting platform, by February 14, 2028, covering activity from January 1 through December 31, 2027 and containing the following information: name and address of the company; contact person, email address, and phone number of the responsible party; the quantity of reclaimed refrigerant containing regulated substance(s) by the name and mass of reclaimed refrigerant(s); and indication of the specific subsector(s) where the reclaimed refrigerant(s) containing regulated substance(s) are sold or distributed." 40:40:21.0.1.1.3.3.1.8,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,C,Subpart C—Management of Regulated Substances,,§ 84.114 Exemptions.,EPA,,,,"(a) Notwithstanding the other provisions of this subpart, the regulations under this subpart do not apply to a regulated substance or a substitute for a regulated substance that is contained in a foam. (b) Notwithstanding the other provisions of this subpart, the regulations under this subpart do not apply to two applications, mission-critical military end uses and on board aerospace fire suppression, as listed at § 84.13(a), for a year or years for which that application receives an application-specific allowance as defined at § 84.3." 40:40:21.0.1.1.3.3.1.9,40,Protection of Environment,I,C,84,PART 84—PHASEDOWN OF HYDROFLUOROCARBONS,C,Subpart C—Management of Regulated Substances,,§ 84.116 Requirements for disposable cylinders.,EPA,,,,"(a) As of January 1, 2028, any person who uses a disposable cylinder must send such disposable cylinder for further processing to remove the heel, as described in paragraphs (b) and (c) of this section, when: (1) The disposable cylinder contains a regulated substance(s); (2) The disposable cylinder was used in the servicing, repair, or installation of refrigerant-containing equipment or fire suppression equipment; and (3) The person does not intend to use the disposable cylinder in future servicing, repair, or installation of refrigerant-containing equipment or fire suppression equipment. (b) Except as provided in paragraphs (e) and (g) in this section, disposable cylinders that meet the criteria in paragraphs (a)(1), (a)(2), and (a)(3) of this section must be sent to: (1) A reclaimer certified under 40 CFR 82.164; (2) A fire suppressant recycler, if the disposable cylinder was used in the servicing, repair, or installation of fire suppression equipment; (3) A final processor, such as a landfill operator or a scrap metal recycler, who is capable of removing the heel from disposable cylinders; or (4) A refrigerant supplier (including but not limited to distributors and wholesalers), who is capable of removing the heel from disposable cylinders. (c) Regulated substance(s) removed from heels of disposable cylinders by those entities identified in paragraphs (b)(3) and (b)(4) of this section, where those removed heels are or are not aggregated into a larger container, must be sent to a reclaimer certified under 40 CFR 82.164 or a fire suppressant recycler. (1) Regulated substance(s) removed from heels of disposable cylinders that exhibit ignitability characteristics (per 40 CFR 261.21), where those removed heels are or are not aggregated into a larger container, must be sent to a reclaimer certified under 40 CFR 82.164 that is in compliance with the requirements at 40 CFR part 266, subpart Q. (2) [Reserved] (d) As of January 1, 2028, an entity as described in paragraphs (b)(1), (b)(2), (b)(3), or (b)(4) of this section who receives a disposable cylinder meeting the criteria in paragraphs (a)(1), (a)(2), and (a)(3) of this section must remove all remaining contents from the disposable cylinder prior to discarding the disposable cylinder. (e) Disposable cylinders that that meet the criteria in paragraphs (a)(1), (a)(2), and (a)(3) of this section may be discarded to a final processor without meeting the requirements in paragraphs (b) and (d) of this section, when: (1) The heel was removed by a certified technician; (2) The heel of the used disposable cylinder has been evacuated to a vacuum of 15 in-Hg prior to discarding the cylinder; (3) The certified technician provides a certification statement, which certifies that the heel was evacuated to a vacuum of 15 in-Hg; states the name and address of the certified technician who evacuated the cylinder(s) and the date the cylinder(s) was/were evacuated; and is signed by the certified technician who evacuated the cylinder(s); and (4) The certified technician discarding the cylinder to the final processor must provide the signed certification statement described in paragraph (e)(3) of this section to the final processor (which may include a landfill operator or scrap metal recycler) when they discard the cylinder to the final processor. (f) Recordkeeping. A final processor who receives a disposable cylinder as described in paragraph (e) of this section must maintain a record of the signed statement for three years. (g) Small cans of refrigerant that contain no more than two pounds of refrigerant and that qualify for the exemption described in 40 CFR 82.154(c)(1)(ix) are not subject to the requirements in paragraphs (b) through (f) of this section." 50:50:9.0.1.5.27.1.37.1,50,Wildlife and Fisheries,I,F,84,PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM,A,Subpart A—General Background,,§ 84.10 What is the purpose and scope of this rule?,FWS,,,,"The regulations in this part establish the requirements for coastal State participation in the National Coastal Wetlands Conservation Grant Program authorized by Section 305 of the Coastal Wetlands Planning, Protection and Restoration Act (Pub L. 101-646, title III; 16 U.S.C. 3954). The primary goal of the National Coastal Wetlands Conservation Grant Program is the long-term conservation of coastal wetlands ecosystems. It accomplishes this by helping States protect, restore, and enhance their coastal habitats through a competitive grants program. Results are measured in acres protected, restored, and enhanced." 50:50:9.0.1.5.27.1.37.2,50,Wildlife and Fisheries,I,F,84,PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM,A,Subpart A—General Background,,§ 84.11 How does the Service define the terms used in this rule?,FWS,,,,"Terms used have the following meaning in this part: Coastal barrier. A depositional geologic feature that is subject to wave, tidal, and wind energies; protects landward aquatic habitats from direct wave attack; and includes all associated aquatic habitats such as adjacent wetlands, marshes, estuaries, inlets, and nearshore waters. These can include islands; spits of land connected to a mainland at one end; sand bars that connect two headlands and enclose aquatic habitat; broad, sandy, dune beaches; or fringing mangroves. Coastal barriers are found on coastlines including major embayments and the Great Lakes of the United States and its territories. Coastal Barrier Resources System. A defined set of undeveloped coastal areas, designated by the Coastal Barrier Resources Act of 1982 (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591). Within these defined units of the System, Federal expenditures are restricted to discourage development of coastal barriers. Coastal States. States bordering the Great Lakes (Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin); States bordering the Atlantic, Gulf (except Louisiana), and Pacific coasts (Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Oregon, Rhode Island, South Carolina, Texas, Virginia, and Washington); and American Samoa, Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands. (Louisiana is not included because it has its own wetlands conservation program authorized by the Coastal Wetlands Planning, Protection and Restoration Act and implemented by the Corps of Engineers with assistance from the State of Louisiana, the Environmental Protection Agency, and the Departments of the Interior, Agriculture, and Commerce.) Coastal wetland ecosystems. Ecosystems that consist of multiple, interrelated coastal land features. They include wetlands in drainage basins of estuaries or coastal waters that contain saline, brackish, and nearshore waters; coastlines and adjacent lands; adjacent freshwater and intermediate wetlands that interact as an ecological unit; and river mouths and those portions of major river systems affected by tidal influence—all of which interact as an integrated ecological unit. Shorelands, dunes, nearshore islands, barrier islands and associated headlands, and freshwater wetlands within estuarine drainages are included in the definition since these interrelated features are critical to coastal fish, wildlife, and their habitats. The definition of a coastal wetland ecosystem also applies to the Great Lakes and their watersheds, where freshwater plays a similar hydrologic role. The Great Lakes coastal wetland ecosystem is made up of multiple interrelated coastal landscape features along the Great Lakes. The Great Lakes coastal wetland ecosystem includes wetlands located adjacent to any of the Great Lakes including Lake St. Clair and connecting waters, and mouths of river or stream systems draining directly into the Great Lakes. Shorelands, dunes, offshore islands, and barrier islands and associated headlands are included in the definition since these interrelated features are critical to Great Lakes fish, wildlife, and their habitats. Coastal Wetlands Act or Act. The Coastal Wetlands Planning, Protection and Restoration Act of 1990 (16 U.S.C. 3951-3956). Eligible applicant. Any agency or agencies of a coastal State designated by the Governor. It is usually a State natural resource or fish and wildlife agency. Enhancement. The manipulation of the physical, chemical, or biological characteristics of a wetland (undisturbed or degraded) site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Fund. A fund established and used by a coastal State for acquiring coastal wetlands, other natural areas, or open spaces. The fund can be a trust fund from which the principal is not spent, or a fund derived from a dedicated recurring source of monies including, but not limited to, real estate transfer fees or taxes, cigarette taxes, tax checkoffs, or motor vehicle license plate fees. Grant. An award of financial assistance by the Federal Government to an eligible applicant. Long-term conservation. Protecting and restoring terrestrial and aquatic environments for at least 20 years. This includes the hydrology, water quality, and fish and wildlife that depend on these environments. Maintenance. (These activities are ineligible under the program; the definition is included to distinguish these activities from acquisition, restoration, enhancement, and management.) Maintenance includes those activities necessary for upkeep of a facility or habitat. These activities include routine, recurring custodial maintenance such as housekeeping and minor repairs as well as the supplies, materials, and tools necessary to carry out the work. Also included is nonroutine cyclical maintenance to keep facilities or habitat improvements fully functional. Cyclical maintenance is major maintenance or renovation activities conducted at intervals normally greater than 1 year. Management. (Includes habitat management only.) Habitat management includes vegetation manipulation and restoration of habitat to support fish and wildlife populations. Creation of wetlands where they did not previously exist is not included in the definition of management. Maritime forest. Maritime forests are defined, for the purposes of this regulation, as broad-leaved forests that occur on barrier islands and along the mainland coast from Delaware to Texas. Examples are primarily characterized by a closed canopy of various combinations of live oak ( Quercus virginiana ), upland laurel oak ( Quercus hemisphaerica ), pignut hickory ( Carya glabra ), southern magnolia ( Magnolia grandiflora ), sugarberry ( Celtis laevigata ), and cabbage palm ( Sabal palmetto ). Shrubs and smaller trees typical of the understory include live oak, upland laurel oak, pignut hickory, red mulberry ( Morus rubra ), wild olive ( Osmanthus americanus ), American holly ( Ilex opaca ), yaupon ( Ilex vomitoria ), beautyberry ( Callicarpa americana ), bumelia ( Sideraxylon spp.), and small-flowered pawpaw ( Asimina parviflora ). The herb layer is generally rich and diverse, typically including partridgeberry ( Mitchella repens ), coralbean ( Erythrina herbacea ), small-leaved milk pea ( Galactia microphylla ), tick trefoils ( Desmodium spp.), and spikegrass ( Chasmanthium sessiliflorum ). Vines are represented by muscadine grape ( Vitis rotundifolia ), Virginia creeper ( Parrhenocissus quinquefolia ), and various briers ( Smilax spp.). This natural community type becomes established on old coastal dunes that have been stabilized long enough to sustain forests. In time, the accumulation of humus contributes to moisture retention of soils, while the canopy minimizes temperature fluctuations by reducing soil warming during the day and heat loss at night. Because of the underlying deep sands, maritime forests are generally well-drained. Maritime forests have become prime resort and residential property because of their relatively protected locations along the coast. Although this community type originally occurred in virtually continuous strips along the Atlantic and Gulf Coasts, residential developments and infrastructure encroachments have severely fragmented most occurrences. National Wetlands Inventory. A Service program that produces information on the characteristics, extent, and status of the Nation's wetlands and deepwater habitat. The program's strongest mandates come from the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3901), which directs the Service to map wetlands, conduct wetlands status and trends studies, and disseminate the information produced. National Wetlands Priority Conservation Plan. A plan developed by the Service for the U.S. Department of the Interior at the direction of Congress through the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3901). The plan provides the criteria and guidance for identifying wetlands that warrant attention for Federal and State acquisition using Land and Water Conservation Fund appropriations. Operations. (These activities are ineligible under the program; the definition is included to distinguish these activities from acquisition, restoration, enhancement, and management.) Operations include activities necessary for the functioning of a facility or habitat to produce desired results. These include public use management and facility management. Program. The National Coastal Wetlands Conservation Grant Program. A program administered by the Service that awards Federal grants through a competitive process to State agencies for projects to acquire, restore, manage, or enhance coastal wetlands. Project. One or more related activities necessary to fulfill a stated objective to provide for the long-term conservation of coastal wetlands including the lands and waters, hydrology, water quality, and wetland-dependent wildlife. These activities can include acquisition, restoration, enhancement, or management of coastal wetlands. Restoration. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded wetland." 50:50:9.0.1.5.27.1.37.3,50,Wildlife and Fisheries,I,F,84,PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM,A,Subpart A—General Background,,"§ 84.12 What are the information collection, record keeping, and reporting requirements?",FWS,,,,"(a) Information collection requirements include: (1) An Application for Federal Assistance (Standard Form 424); (2) A proposal, following the guidance of OMB Circular A-102 and the Federal Aid Grant Application Booklet (OMB Control Number 1018-0109), that includes statements of need and objective(s); a description of expected results or benefits; the approach to be used, such as procedures, schedules, key personnel and cooperators, location of the proposed action, and estimated costs to accomplish the objective(s); identification of any other actions that may relate to the grant; and a description of public involvement and interagency coordination; (3) Discussion of ranking criteria, including a completed summary information form (USFWS Form 3-2179); (4) Assurances of compliance with all applicable Federal laws, regulations, and policies (SF 424B or SF 424D); and (5) Documents, as appropriate, supporting the proposal; for example, environmental assessments (including the NEPA compliance checklist, USFWS Form 3-2185) and evaluations of effects on threatened and endangered species. (6) A grant agreement form if the proposal is selected for an award (USFWS Form 3-1552); and (7) A grant amendment form if the agreement is modified (USFWS Form 3-1591). (b) Record-keeping requirements include the tracking of costs and accomplishments related to the grant as required by 43 CFR 12.60, monitoring and reporting program performance (43 CFR 12.80), and financial reporting (43 CFR 12.81). The project report should include information about the acres conserved, with a breakdown by conservation method (for example, acquired, restored, or both) and type of habitat (list habitat types and include the acreage of each). Are the results of the project being monitored? Is there evidence that the resources targeted in the proposal (for example, anadromous fish, threatened and endangered species, and migratory birds) have benefited? (c) Reporting requirements include retention and access requirements as specified in 43 CFR 12.82 and authorized by OMB through the Federal Aid Grant Application Booklet (OMB Control Number 1018-0109)." 50:50:9.0.1.5.27.2.37.1,50,Wildlife and Fisheries,I,F,84,PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM,B,Subpart B—Applying for Grants,,§ 84.20 What are the grant eligibility requirements?,FWS,,,,"(a) Eligible grant activities include: (1) Acquisition of a real property interest in coastal lands or waters from willing sellers or partners (coastal wetlands ecosystems), providing that the terms and conditions will ensure the real property will be administered for long-term conservation. (2) The restoration, enhancement, or management of coastal wetlands ecosystems, providing restoration, enhancement, or management will be administered for long-term conservation. (b) Ineligible activities include but are not limited to: (1) Projects that primarily benefit navigation, irrigation, flood control, or mariculture; (2) Acquisition, restoration, enhancement, or management of lands to mitigate recent or pending habitat losses resulting from the actions of agencies, organizations, companies, or individuals; (3) Creation of wetlands by humans where wetlands did not previously exist; (4) Enforcement of fish and wildlife laws and regulations, except when necessary for the accomplishment of approved project purposes; (5) Research; (6) Planning as a primary project focus (planning is allowable as a minimal component of project plan development); (7) Operations and maintenance; (8) Acquiring and/or restoring upper portions of watersheds where benefits to the coastal wetlands ecosystem are not significant and direct; and (9) Projects providing less than 20 years of conservation benefits." 50:50:9.0.1.5.27.2.37.2,50,Wildlife and Fisheries,I,F,84,PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM,B,Subpart B—Applying for Grants,,§ 84.21 How do I apply for a National Coastal Wetlands Conservation Grant?,FWS,,,"[67 FR 49267, July 30, 2002, as amended at 78 FR 35152, June 12, 2013]","(a) Eligible applicants should submit their proposals to the appropriate Regional Director of the U.S. Fish and Wildlife Service. Proposals must be complete upon submission, and must include the information outlined in § 84.22 to be complete. (1) Service Regional Wildlife and Sport Fish Restoration Offices' responsibilities for administration of this grant program include: Notifying the States of the program, its requirements, and any changes that occur; determining the State agencies designated by the Governor as eligible applicants; ensuring that only eligible applicants apply for grants; coordinating with various Service programs to ensure that sound and consistent guidance is communicated to the States; determining proposal eligibility and substantiality; and determining 75 percent match eligibility and notifying the States of approved and disapproved proposals. (2) Service Divisions of Ecological Services in the regions and field and Fisheries and Habitat Conservation in the national office provide technical assistance and work with Wildlife and Sport Fish Restoration to encourage State participation in this process. (3) Send your proposal to “Regional Director (Attention: Wildlife and Sport Fish Restoration)” at the address of the appropriate regional office, as provided at 50 CFR 2.2. (b) The Program operates on an annual cycle. Regional Wildlife and Sport Fish Restoration Offices request proposals from the States in early April. Proposals must be received by the Regional Director on or before a due date set in early June in order to be considered for funding in the following fiscal year. Check with your Regional Office each year for the exact due dates. Regions review proposals for eligibility and substantiality. Regions may rank eligible and substantial proposals and submit them to the national office of the Service in Washington, DC, by a date set in late June. A Review Panel coordinated by the Service's National Office of Fisheries and Habitat Conservation reviews and ranks proposals in early August using the criteria established in this rule. The Director selects the proposals and announces the grant recipients at the beginning of the new fiscal year (October 1). (c) More than one agency in a State may submit proposals to the Service if the Governor determines that more than one agency has responsibility for coastal wetlands. (d) A project proposal that includes several separate and distinct phases may be submitted in phases, but any succeeding phases must compete against other proposals in the year submitted. Obtaining money for one phase of a project will not be contingent upon acquiring money for another phase of that same project. (e) The Federal (Program) share will not exceed $1 million per project. (f) The percentage of non-Federal match (cash or in-kind) must not be less than 25 percent of the total costs if the State has a designated fund or not less than 50 percent without a fund." 50:50:9.0.1.5.27.2.37.3,50,Wildlife and Fisheries,I,F,84,PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM,B,Subpart B—Applying for Grants,,§ 84.22 What needs to be included in grant proposals?,FWS,,,,"Proposals must include the following: (a) Application for Federal Assistance (Standard Form 424); (b) A Statement of Assurances of compliance with applicable Federal laws, regulations, and policies (either Standard Form 424B or 424D); and (c) A project statement that identifies and describes: (1) The need within the purposes of the Act; (2) Discrete, quantifiable, and verifiable objective(s) to be accomplished during a specified time period; (3) Expected results or benefits, in terms of coastal lands and waters, the hydrology, water quality, or fish and wildlife dependent on the wetlands; (4) The approach to be used in meeting the objectives, including specific procedures, schedules, key personnel, and cooperators; (5) A project location, including two maps: A map of the State showing the general location of the proposal, and a map of the project site; (6) Estimated costs to attain the objective(s) (the various activities or components of each project should be broken down by cost and by cooperator); (7) If the request is more than $100,000 (Federal share), the applicant must submit a Form DI-2010, certifying that the grant money will not be used for lobbying activities; (8) A concise statement, with documentation, of how the proposal addresses each of the 13 numeric criteria including a summary using FWS Form No. 3-2179 (see § 84.32); (9) A description of the State trust fund that supports a request for a 75 percent Federal share in sufficient detail for the Service to make an eligibility determination, or a statement that eligibility has been previously approved and no change has occurred in the fund; (10) A list of other current coastal acquisition, restoration, enhancement, and management actions; agency(ies) involved; relationship to the proposed grant; and how the proposal fits into comprehensive natural resource plans for the area, if any; and (11) Public involvement or interagency coordination on coastal wetlands conservation projects that has occurred or is planned that relates to this proposal (Specify the organizations or agencies involved and dates of involvement.)." 50:50:9.0.1.5.27.3.37.1,50,Wildlife and Fisheries,I,F,84,PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM,C,Subpart C—Project Selection,,§ 84.30 How are projects selected for grants?,FWS,,,"[67 FR 49267, July 30, 2002, as amended at 78 FR 35152, June 12, 2013]","Project selection is a three-step process: proposal acceptance, proposal ranking, and proposal selection. (a) Proposal acceptance. (1) The Regional Wildlife and Sport Fish Restoration Offices decide whether a proposal should be accepted for consideration by determining if the proposal is complete, substantial, and contains activities that are eligible. Proposals that do not qualify are immediately returned to the State. Revision and resubmission of returned proposals is allowable during this period, which is in June (check with your Regional Office for the exact dates each year). If any of the factors of completeness, substantiality, or eligibility are not met, the Regions should not forward the proposal to Headquarters. (2) To be considered for acceptance, the proposal must be substantial in character and design. A substantial proposal is one that: (i) Identifies and describes a need within the purposes of the Act; (ii) Identifies the objective to be accomplished based on the stated need; (iii) Uses accepted principles, sound design, and appropriate procedures; (iv) Provides public conservation benefits that are cost effective and long-term, i.e. , at least 20 years; and (v) Identifies obtainable, quantified performance measures (acres enhanced, restored, or protected) that help achieve the management goals and objectives of the National Coastal Wetlands Conservation Grant Program. Through this program, the States' efforts and leadership will help the Service meet its Long-Term and Annual Performance Goals as expressed in the Service's Annual Performance Plan. 1 1 The Service's Annual Performance Plan can be found on the Service's homepage at http://www./.fws.gov/r9gpra. For more information you might also contact the Budget Office at 202-208-4596 or the Planning and Evaluation Staff at 202-208-2549. (3) The grant limit is $1 million. Proposals requesting Program awards that exceed $1 million will be returned to the appropriate State. Similarly, individual projects that have clearly been divided into multiple proposals for submission in one grant cycle to avoid this limit will be returned to the appropriate State. The State can revise and resubmit the proposal so that the request does not exceed the $1 million limit. (b) Proposal ranking. Once a proposal is accepted by the Region, the Regional Wildlife and Sport Fish Restoration Office sends the proposal to the National Wildlife and Sport Fish Restoration Office, which works with the National Office of the Fish and Wildlife Management and Habitat Restoration Program for distribution to a Review Panel. The Review Panel includes representation from our coastal Regions and from other Service Programs, for example, the Endangered Species Program. The Fisheries and Habitat Conservation Program is responsible for coordinating the review and ranking of proposals according to the established criteria, a process that usually involves a national meeting. (c) Proposal selection. The Review Panel's recommendations are forwarded to the Director of the Service for a final review and project selection. The Director announces the selection by October 1." 50:50:9.0.1.5.27.3.37.2,50,Wildlife and Fisheries,I,F,84,PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM,C,Subpart C—Project Selection,,§ 84.31 An overview of the ranking criteria.,FWS,,,,"(a) The primary objective of the proposal will be to acquire, restore, enhance, or manage coastal wetlands to benefit coastal wetlands and the hydrology, water quality, and fish and wildlife dependent upon them. The Program will not provide grants, for example, for construction or repair of boat ramps or docks for recreational purposes and construction or support of research facilities or activities. The purpose of the ranking criteria is to provide a means for selecting the best projects—those that produce the maximum benefits to coastal wetlands and the fish and wildlife that depend on them. (b) Proposal ranking factors —(1) Ranking criteria. As explained in § 84.32, we will evaluate proposals according to 13 ranking criteria. These criteria have varying point values. Proposals must address each of these 13 criteria. (2) Additional considerations. Even though the criteria provide the primary evaluation of proposals, we may factor additional considerations into the ranking decision at the national level. In case of a tie, we will use these additional considerations to rank proposals having identical scores. (c) The criteria in § 84.32 are not listed in priority order. (d) Points are assigned on the basis of a completed project, rather than current conditions, e.g., count 50 acres of estuarine emergent wetlands if 50 acres of that habitat type will be restored when the project is completed. (e) A range of points rather than a set point value allows the reviewer to distinguish between, for example, a proposal that provides some foraging habitat for a threatened species versus one that provides critical nesting habitat of several endangered species. Scoring guidance is included with the individual criteria. (f) A total of 64 points is possible under the scoring system. (g) If a grant proposal is not selected, the State may resubmit it for reconsideration in subsequent fiscal years. Resubmission of a grant proposal is the responsibility of the applicant." 50:50:9.0.1.5.27.3.37.3,50,Wildlife and Fisheries,I,F,84,PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM,C,Subpart C—Project Selection,,§ 84.32 What are the ranking criteria?,FWS,,,,"(a) The U.S. Fish and Wildlife Service will rank proposals using the 13 criteria listed below. In the following list, a description of each criterion is followed by examples and the points they would receive for that criterion. (1) Wetlands conservation. Will the project reverse coastal wetland loss or habitat degradation in decreasing or stable coastal wetland types? Will it conserve wetlands to prevent losses of decreasing or stable wetland types? (Maximum: 7 points) (i) The majority of the project area (over 50 percent) is nationally decreasing coastal wetland types, 2 or the majority is regionally decreasing wetlands types in which the case for regionally decreasing is well-documented (Up to 7 points). The nationally decreasing types are estuarine intertidal emergent; estuarine intertidal forested; estuarine intertidal scrub-shrub; marine intertidal; palustrine emergent; palustrine forested; and palustrine scrub-shrub. Describe the wetlands using terms listed above. Include a breakdown showing the percentage of the proposal's total and wetland acreage in decreasing types. Provide National Wetlands Inventory codes/information if available. Information about these can be found on the National Wetland Inventory's web site at http://wetlands.fws.gov. 2 These designations are based on the National Wetlands Priority Conservation Plan. For more information about the plan, or to receive a copy of the document, refer to the contact information provided in § 84.21. (ii) The majority of the project area (over 50 percent) is nationally stable coastal wetlands types 2 (Up to 5 points). The nationally stable types are estuarine intertidal non-vegetated and estuarine subtidal. Describe the wetlands using the terms listed above. Include a breakdown showing the percentage of the proposal's total and wetland acreage in stable types. Provide National Wetlands Inventory codes/information if available. (iii) Wetlands benefited are less than 50 percent of the project area. (Up to 3 points) (iv) If the project would benefit wetlands in the upper portion of the coastal watershed, but does not demonstrate significant and direct benefits to coastal wetlands, the proposal will not receive any points. (0 points) (v) We will award a full 7 points to proposals that document that over 50 percent of their project area would be, upon project completion, decreasing coastal wetland types. A combination of decreasing and stable types that is over 50 percent of the project area could receive an intermediate score of 4, 5, or 6 points, depending on the balance between decreasing and stable types. If wetlands are 50 percent or less of the project area, use the following guide for allocating points: 25 to 50 percent of the project area is decreasing or stable wetlands, 2, 3, or 4 points; 5 to 24 percent, 1 or 2 points; and less than 5 percent, 0 points. (2) Maritime forests on coastal barriers. Will the proposal significantly benefit maritime forests on coastal barriers? The coastal barrier does not need to be a unit of the Coastal Barrier Resources System. (Maximum: 7 points) (i) The proposal documents significant benefit to maritime forests on a coastal barrier. Describe the forest in sufficient detail so reviewers can determine whether it meets the definition of “maritime forest.” (Up to 7 points) (ii) The proposal does not benefit maritime forests on a coastal barrier. (0 points) (iii) For this criterion most scores should be either 0 or 7. If questions arise about the significance of the benefit or whether the forests meet the strict definition, an intermediate score could be given. (3) Long-term conservation. Does the project ensure long-term conservation of coastal wetland functions? The project must provide at least 20 years of conservation benefits to be eligible. (Maximum: 7 points) (i) Once the project is complete, the project will provide continuing coastal wetlands benefits in perpetuity (100 years or longer). (7 points) (ii) Once the project is complete, the project will provide continuing coastal wetland benefits for 50-99 years. (3 to 6 points) (iii) Once the project is complete, the proposal will provide continuing coastal wetlands benefits for 20-49 years. (1 to 3 points) (iv) The proposal should show how the project will be maintained and the benefits sustained over time. Proposals must include adequate documentation of long-term conservation of coastal wetland values, such as a 25-year easement, to receive points for this criterion. If part of the project's benefits will be perpetual (owned in fee title, for example) and part is estimated to last 20 years, reviewers should weigh the different elements of the project and give an intermediate score. (4) Coastal watershed management. Would the completed project help accomplish the natural resource goals and objectives of one or more formal, ongoing coastal ecosystem or coastal watershed management plan(s) or effort(s)? Describe the management plan or effort(s). (Maximum: 3 points) (i) The project supports the natural resource goals of identified formal, ongoing coastal ecosystem or coastal watershed management plans or efforts. Describe the management plan(s) and/or effort(s) and explain how this project relates to its objectives. A plan that very specifically identifies the site will receive more points than a plan containing many generic references. (Up to 3 points) (ii) The project does not support the natural resource goals and objectives of a formal, ongoing coastal ecosystem or coastal watershed management effort. If the proposal benefits the upper portions of coastal watersheds, but provides no significant and direct benefits to the coastal wetlands ecosystems, the proposal will not receive points. (0 points) (5) Conservation of threatened and endangered species. Will the project benefit any federally listed endangered or threatened species, species proposed for Federal listing, recently delisted species, or designated or proposed critical habitat in coastal wetlands? Will it benefit State-listed threatened and endangered species? (Maximum: 5 points) (i) The project will provide, restore, or enhance important habitat (e.g., nesting, breeding, feeding, nursery areas) for federally listed or proposed endangered or threatened species that use the coastal area project site for at least part of their life cycle. The project will benefit recently delisted species and habitat conservation plans developed under the auspices of the Endangered Species Act. List the species and their status (e.g., threatened or endangered) and provide documentation (e.g., cite recovery plan, attach letter from species expert) of current or recent species occurrence in the coastal area project site. Describe the importance of the habitat. (Up to 5 points) (ii) The project will provide, restore, or enhance important habitat for State-listed threatened and endangered species. (Up to 2 points) (iii) The project will not provide, restore, or enhance important habitat for federally or State-listed or proposed endangered or threatened species in the coastal area project site for any part of their life cycle. If the proposal provides benefits to threatened and endangered species in the upper portion of the coastal watershed, but provides no significant and direct benefits to threatened and endangered species using coastal wetlands ecosystem habitat, the proposal will not receive any points. (0 points) (iv) The combined scores of subparagraphs (a)(5)(i) and (a)(5)(ii) of this section cannot exceed the 5-point maximum. (6) Benefits to fish. Will the project provide, restore, or enhance important fisheries habitat? (Maximum: 5 points) (i) The project will provide, restore, or enhance important habitat ( i.e. , spawning, nursery, juvenile, or foraging habitat) for specific species that use the coastal area project site for at least part of their life cycle. These species may include anadromous, interjurisdictional, or other important species. List species, habitat types, and benefits to each species. (Up to 5 points) (ii) The project does not document current or future benefits to fish species and their habitat. (0 points) (iii) The more specific the information is on the use of the area and the importance of the habitat, the greater the points. An area specifically identified as critical for conservation in a fisheries management plan will, for example, receive more points than one which is not. (7) Benefits to coastal-dependent or migratory birds. Will the project provide, restore, or enhance important habitat for coastal-dependent or migratory birds? (i) The project will provide, restore, or enhance important habitat ( i.e. , breeding, staging, foraging, wintering/summering habitat) benefits for at least part of the life cycle of coastal dependent or migratory birds. List the species and habitat types, and describe the benefits to each. (Up to 5 points) (ii) The project will not significantly benefit coastal-dependent or migratory birds. (0 points) (iii) We will give maximum points to projects that benefit coastal-dependent species identified in the North American Waterfowl Plan or listed as species of management concern. 3 Proposals should also include information that demonstrates how the project will contribute to the regional goals developed under the U.S. Shorebird Conservation Plan, the North American Waterbird Conservation Plan, Partners in Flight, the North American Waterfowl Management Plan, or other bird conservation initiatives. Proposals that fail to do so will not receive maximum points. Indicate if the proposed area has been specifically identified by any program or agency for its migratory bird values. 3 For more information about species of management concern, visit the website migratorybirds.fws.gov or contact the Division of Migratory Bird Management at 703-358-1714. (8) Prevent or reduce contamination. Will the project prevent or reduce input of contaminants to the coastal wetlands and associated coastal waters, or restore coastal wetlands and other associated coastal waters that are already contaminated? (Maximum: 5 points) (i) The project will prevent significant inputs of contaminants or will provide significant improvements to the quality of the coastal wetland and associated waters through protection from contaminants or restoration, including assimilation of nutrients and nonpersistent toxic substances. Describe the types and sources of possible or current impairment to the coastal wetland and other associated coastal waters (e.g., to water quality, sediments, flora, or fauna). Describe how contaminant inputs or residues will be prevented, reduced, or eliminated. Preventing contaminants by precluding residential development through acquisition will not normally warrant full points unless the applicant can be shown that significant contamination would have occurred otherwise. (Up to 5 points) (ii) The proposal will not significantly prevent impairment or improve the quality of the coastal wetland and associated coastal waters. If the proposal provides positive water quality benefits in the upper portions of watersheds, but provides no significant and direct positive water quality benefits to coastal wetland ecosystems, the proposal will not receive points. (0 points) (iii) Show direct links between contamination and wildlife and aquatic habitats. To receive full points, you should provide documentation of the linkage. Reviewers may consider the extent of contaminants prevention/reduction when assigning points. Proposals having the potential to produce an attractive nuisance (e.g., acquiring and/or restoring a wetland that will be attractive to wildlife and that also has the potential to accumulate high levels of persistent toxic metals or hydrocarbon compounds) will not receive points. (9) Catalyst for future conservation. Is the project proposal designed to leverage other ongoing coastal wetlands protection projects in the area, such as acquisition of areas to add to already acquired coastal lands, or provide impetus for additional restoration? (Maximum: 4 points) (i) The project will be essential (e.g., key to completion or implementation of a greater conservation plan) to further advance or promote other coastal projects under way. Explain why. (Up to 4 points) (ii) The project proposal does not demonstrate a positive impact on other coastal projects. (0 points) (iii) To receive the maximum number of points, the proposal should be essential to the initiation or completion of a larger project. Examples may include acquisition of key in-holdings within a larger protected area, funds necessary to acquire fee simple interest in properties where a conservation easement has already been secured, and funds necessary to complete restoration activities to a protected area. (10) Partners in conservation. Will the proposal receive financial support, including in-kind match, from private, local, or other Federal interests? (Maximum: 4 points) (i) The proposal includes the State applicant plus one or more non-State financial partners. (Up to 4 points) (ii) The proposal includes only financial support from the State applicant. (0 points) (iii) A written description of commitment of funds or in-kind match from the partners must accompany the proposal. (This requirement is in addition to signing the Assurances Form.) The purpose of this criterion is to promote partnerships with private, local, or other Federal agencies rather than to increase the dollar amount of the matching share. Therefore, no specific minimum amount is indicated here. At least two partners, in addition to the State applicant, should have committed money to the project to receive maximum points. (11) Federal share reduced. Does the proposal significantly reduce the Federal share by providing more than the required match amount? In the case of a Territory or Commonwealth that does not require match funds, does the proposal include financial support from sources other than the Territory or Commonwealth? (Maximum: 5 points) (i) The State, territory, or commonwealth applicant must have a non-Federal funding source (in-kind match does not count for this criterion) that reduces the Federal share. (Up to 5 points) (ii) The maximum Federal share is requested by the proposal. (0 points) (iii) The purpose of this criterion is to increase the amount of money from non-Federal sources. This increase decreases the need for Federal match dollars, so that Federal dollars can help more projects. Documentation of each partner's financial commitment must accompany the proposal to receive points. If the State itself provides the excess match, the State should receive credit for reducing the Federal share. Each 5 percent above the required State match would be approximately equal to 1 point. The following two examples, using both a 50 and 75 percent Federal match share, define a 10 percent increase in a State's match amount. (A) Example 1-50—Percent Federal Match If the total project costs are $100,000, then the required State match share is $50,000. If the State or a partner provides an additional cash contribution equal to 10 percent of the $50,000, $5,000. This is defined as a 10 percent increase in the State match. 4 4 From sources other than Federal agencies. Natural Resource Damage Assessment funds may in some cases be defined as “non-Federal.” See discussion under § 84.46 on What are the cost-sharing requirements? (B) Example 2-75—Percent Federal Match If the total project costs are $100,000, then the required State match share is $25,000. If the State or a partner provides an additional cash contribution equal to 10 percent of the $25,000, $2,500. This is defined as a 10 percent increase in the State match. 4 (12) Education/outreach program or wildlife-oriented recreation. Is the project designed to increase environmental awareness and develop support for coastal wetlands conservation? Does it provide recreational opportunities that are consistent with the conservation goals of the site? (Maximum: 3 points) (i) The proposal includes a site-specific, substantive education/outreach or wildlife-oriented recreation program. (Up to 3 points) (ii) The proposal does not include a substantive education/outreach or wildlife-oriented recreation program. (0 points) (iii) The proposal must describe what makes this program substantive and link it closely with the specific site to receive full points. Programs supported by activities or funds from partners should be encouraged over use of project dollars. Project proposals may include substantive education/outreach components necessary for the completion of the project. However, these should be activities that complement or support the primary goal of the project. (13) Other factors. Do any other factors, not covered in the previous criteria, make this project or site particularly unique and valuable? Does the project offer important benefits that are not reflected in the other criteria? The following list includes examples of projects that provide benefits not reflected in other criteria. (Maximum: 4 points) (i) The project might provide significant benefits to, for example: rare or threatened habitat types; biodiverse habitats; rare and declining species; and the local community. (ii) The project would be particularly cost-effective, providing very significant resource benefits for the cost. (iii) The project would assist in the prevention or control of invasive species. (iv) The project would provide important cultural or historical resource benefits. (v) The project would provide other benefits. (vi) Reviewers should not assign points to resource values covered by other criteria. The proposal should provide a short narrative to support claims to Other Factors points. (b) Additional considerations. We will factor the following considerations into the ranking process if two or more proposals have the same point totals. The tie-breaking factors are as follows: (1) The project would prevent the destruction or degradation of habitat from pending sale of property, from adverse effects of current activities such as draining of wetlands, or from natural processes such as erosion at excessive rates; (2) The project would protect unique and significant biological diversity; (3) The project has lower costs per acre conserved; and (4) In the project proposal the State or third party provides lands as opposed to using lands already owned by the State or third party as part of the State matching share. (c) All proposals must include the information described in paragraphs (b) (1)-(4) of this section. If a tie occurs between two or more proposals, the reviewers need to have this information available immediately to decide which proposal or proposals should be recommended for selection." 50:50:9.0.1.5.27.4.37.1,50,Wildlife and Fisheries,I,F,84,PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM,D,Subpart D—Conditions on Acceptance/Use of Federal Money,,§ 84.40 What conditions must I follow to accept Federal grant money?,FWS,,,,"(a) The audit requirements for State and local governments (43 CFR part 12), and (b) The uniform administrative requirements for grants and cooperative agreements with State and local governments (43 CFR part 12)." 50:50:9.0.1.5.27.4.37.10,50,Wildlife and Fisheries,I,F,84,PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM,D,Subpart D—Conditions on Acceptance/Use of Federal Money,,§ 84.49 What if the project costs more or less than originally expected?,FWS,,,"[67 FR 49267, July 30, 2002, as amended at 78 FR 35153, June 12, 2013]","All requests for additional monies for approved coastal wetland grants will be subject to the entire review process along with new grants. Any monies left over after the project is complete, or if the project is not completed, should be returned to Headquarters for use in following years. If a State has lands it wishes to acquire, restore, or enhance in close proximity to the original project, and the Region deems that spending project monies in these areas would provide similar benefits, the Region may use unspent balances to pay for these projects with prior approval from Headquarters. States must provide adequate justification and documentation to the Regions that the lands acquired, restored, or enhanced are similar to those in the original proposal and provide similar benefits to fish and wildlife." 50:50:9.0.1.5.27.4.37.11,50,Wildlife and Fisheries,I,F,84,PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM,D,Subpart D—Conditions on Acceptance/Use of Federal Money,,"§ 84.50 How does a State certify compliance with Federal laws, regulations, and policies?",FWS,,,,"(a) In accepting Federal money, coastal State representatives must agree to and certify compliance with all applicable Federal laws, regulations, and policies. The applicant will need to submit a Statement of Assurances (either SF 424B or SF 424D) signed and dated by an authorized agency representative as part of the proposal. (b) Compliance with environmental and other laws, as defined in the Service Manual 523 FW Chapter 1, 6 may require additional documentation. Consult with Regional Offices for how this applies to a specific project. 6 The Fish and Wildlife Service Manual, see footnote 3 for availability." 50:50:9.0.1.5.27.4.37.2,50,Wildlife and Fisheries,I,F,84,PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM,D,Subpart D—Conditions on Acceptance/Use of Federal Money,,§ 84.41 Who prepares a grant agreement? What needs to be included?,FWS,,,,"The coastal State and the Fish and Wildlife Service work together to develop a Grant Agreement (Form 3-1552) upon completion of the review by the Regional Director to determine compliance with applicable Federal laws and regulations. The Grant Agreement includes the grant title, the grant cost distribution, the agreement period, other grant provisions, and special grant conditions. If a Coastal Barrier Unit is affected, the Service must conduct internal consultations pursuant to Section 6 of the Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act, prior to providing any grant monies to that State."