cfr_sections
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87 rows where part_number = 82 and title_number = 40 sorted by section_id
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| 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 |
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| 40:40:21.0.1.1.1.1.1.1 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.1 Purpose and scope. | EPA | [63 FR 41642, Aug. 4, 1998] | (a) The purpose of the regulations in this subpart is to implement the Montreal Protocol on Substances that Deplete the Ozone Layer and sections 602, 603, 604, 605, 606, 607, 614 and 616 of the Clean Air Act Amendments of 1990, Public Law 101-549. The Protocol and section 604 impose limits on the production and consumption (defined as production plus imports minus exports, excluding transhipments and used controlled substances) of certain ozone-depleting substances, according to specified schedules. The Protocol also requires each nation that becomes a Party to the agreement to impose certain restrictions on trade in ozone-depleting substances with non-Parties. (b) This subpart applies to any person that produces, transforms, destroys, imports or exports a controlled substance or imports or exports a controlled product. | |||
| 40:40:21.0.1.1.1.1.1.10 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.10 [Reserved] | EPA | |||||
| 40:40:21.0.1.1.1.1.1.11 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.11 Exports of class I controlled substances to Article 5 Parties. | EPA | [60 FR 24986, May 10, 1995, as amended at 70 FR 77047, Dec. 29, 2005] | (a) If apportioned Article 5 allowances under § 82.9(a) or § 82.11(a)(2), a person may produce Class I controlled substances, in accordance with the prohibitions in § 82.4 and the reduction schedule in § 82.11(a)(3), to be exported (not including exports resulting in transformation or destruction, or exports of used controlled substances) to foreign states listed in appendix E to this subpart (Article 5 countries). (1) A person must submit a notice to the Administrator of exports to Article 5 countries (except exports resulting in transformation or destruction, or used controlled substances) at the end of the quarter that includes the following: (i) The identities and addresses of the exporter and the Article 5 country recipient of the exports; (ii) The exporter's Employee Identification Number; (iii) The names and telephone numbers of contact persons for the exporter and for the recipient; (iv) The quantity and the type of controlled substances exported, its source and date purchased; (v) The date on which, and the port from which, the controlled substances were exported from the United States or its territories; (vi) The Article 5 country to which the controlled substances were exported; (vii) A copy of the bill of lading and invoice indicating the net quantity shipped and documenting the sale of the controlled substances to the Article 5 purchaser; (viii) The commodity code of the controlled substance exported; and (ix) A copy of the invoice or sales agreement covering the sale of the controlled substances to the recipient Article 5 country that contains provisions forbidding the reexport of the controlled substance in bulk form and subjecting the recipient or any transferee of the recipient to liquidated damages equal to the resale price of the controlled substances if they are reexported in bulk form. (2) Persons who reported exports of Class I, Group I controlled substances to Article 5 countries in 2000-2003 are apportioned baseline Article 5 allowances as set forth in § 82.11(a)(2)(i). Persons … | |||
| 40:40:21.0.1.1.1.1.1.12 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.12 Transfers of allowances for class I controlled substances. | EPA | [60 FR 24986, May 10, 1995, as amended at 65 FR 70804, Nov. 28, 2000; 66 FR 1471, Jan. 8, 2001; 67 FR 6361, Feb. 11, 2002; 69 FR 77004, Dec. 23, 2004; 79 FR 44311, July 31, 2014; 85 FR 15292, Mar. 17, 2020] | (a) Inter-company transfers. (1) After January 1, 2002, any essential-use allowance holder (including those persons that hold essential-use allowances issued by a Party other than the United States) (“transferor”) may transfer essential-use allowances for CFCs to a metered dose inhaler company solely for the manufacture of essential MDIs. After January 1, 2005, any critical use allowance holder (“transferor”) may transfer critical use allowances to any other person (“transferee”). (i) The transferor must submit to the Administrator a transfer claim setting forth the following: (A) The identities and addresses of the transferor and the transferee; (B) The name and telephone numbers of contact persons for the transferor and the transferee; (C) The type of allowances being transferred, including the names of the controlled substances for which allowances are to be transferred; (D) The group of controlled substances to which the allowances being transferred pertains; (E) The amount of allowances being transferred; (F) The control period(s) for which the allowances are being transferred; (G) The amount of unexpended allowances of the type and for the control period being transferred that the transferor holds under authority of this subpart as of the date the claim is submitted to EPA; and (H) The one percent offset applied to the unweighted amount traded will be deducted from the transferor's production or consumption allowance balance (except for trades from transformers and destroyers to producers or importers for the purpose of allowance reimbursement). In the case of transferring essential use allowances, the amount of one tenth of one percent of the amount traded will be deducted from the transferor's allowance balance. In the case of transferring critical use allowances, the amount of one tenth of one percent of the amount traded will be deducted from the transferor's critical use allowance balance. (I) The transferor must include a signed document from the transferee identifying the CFC MDI products… | |||
| 40:40:21.0.1.1.1.1.1.13 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.13 Recordkeeping and reporting requirements for class I controlled substances. | EPA | [60 FR 24986, May 10, 1995] | (a) Effective dates. Unless otherwise specified, the recordkeeping and reporting requirements set forth in this section take effect on January 1, 1995. For class I, Group VIII controlled substances, the recordkeeping and reporting requirements set forth in this section take effect on August 18, 2003. For critical use methyl bromide, the recordkeeping and reporting requirements set forth in this section take effect January 1, 2005. (b) Reports and records required by this section may be used for purposes of compliance determinations. These requirements are not intended as a limitation on the use of other evidence admissible under the Federal Rules of Evidence. Failure to provide the reports, petitions and records required by this section, and to certify the accuracy of the information in the reports, petitions and records required by this section, will be considered a violation of this subpart. False statements made in reports, petitions and records will be considered violations of Section 113 of the Clean Air Act. (c) Timing of reports. Unless otherwise specified, reports required by this section must be submitted to the Administrator within 45 days of the end of the applicable reporting period. Revisions of reports that are required by this section must be submitted to the Administrator within 180 days of the end of the applicable reporting period, unless otherwise specified. Starting May 18, 2020, reports that are available for submission through the Central Data Exchange or another format specified by EPA must be submitted electronically through that tool. (d) Records and copies of reports required by this section must be retained for three years. (e) In reports required by this section, quantities of controlled substances must be stated in terms of kilograms. (f) Producers. Every person (“producer”) who produces class I controlled substances during a control period must comply with the following recordkeeping and reporting requirements: (1) Within 120 days of May 10, 1995, or within 120 days of th… | |||
| 40:40:21.0.1.1.1.1.1.14 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.14 Process for electronic reporting. | EPA | [85 FR 15296, Mar. 17, 2020, as amended at 89 FR 82432, Oct. 10, 2024] | (a) Starting May 18, 2020, reports and petitions that are available to be submitted through the Central Data Exchange or another format specified by EPA, as well as any related supporting documents, must be submitted through that tool. (b) Entities can register and access the Central Data Exchange as follows: (1) Go to EPA's Central Data Exchange website at https://cdx.epa.gov and follow the links for the submission of ozone-depleting substances. (2) Call EPA's Central Data Exchange Help Desk at 1-888-890-1995. (3) Email the EPA's Central Data Exchange Help Desk at HelpDesk@epacdx.net. | |||
| 40:40:21.0.1.1.1.1.1.15 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.15 Prohibitions for class II controlled substances. | EPA | [68 FR 2848, Jan. 21, 2003, as amended at 69 FR 34031, June 17, 2004; 71 FR 41171, July 20, 2006; 74 FR 66445, Dec. 15, 2009; 79 FR 16686, Mar. 26, 2014; 79 FR 64286, Oct. 28, 2014; 85 FR 15296, Mar. 17, 2020; 85 FR 15296, Mar. 17, 2020] | (a) Production. (1) Effective January 21, 2003, no person may produce class II controlled substances for which EPA has apportioned baseline production and consumption allowances, in excess of the quantity of unexpended production allowances, unexpended Article 5 allowances, unexpended export production allowances, or conferred unexpended HCFC-141b exemption allowances held by that person for that substance under the authority of this subpart at that time in that control period, unless the substances are transformed or destroyed domestically or by a person of another Party, or unless they are produced using an exemption granted in paragraph (f) of this section. Every kilogram of excess production constitutes a separate violation of this subpart. (2) Effective January 21, 2003, no person may use production allowances to produce a quantity of class II controlled substance unless that person holds under the authority of this subpart at the same time consumption allowances sufficient to cover that quantity of class II controlled substances. No person may use consumption allowances to produce a quantity of class II controlled substances unless the person holds under authority of this subpart at the same time production allowances sufficient to cover that quantity of class II controlled substances. (b) Import. (1) Effective January 21, 2003, no person may import class II controlled substances (other than transhipments, heels or used class II controlled substances) for which EPA has apportioned baseline production and consumption allowances , in excess of the quantity of unexpended consumption allowances, or conferred unexpended HCFC-141b exemption allowances held by that person under the authority of this subpart at that time in that control period, unless the substances are for use in a process resulting in their transformation or their destruction, or unless they are produced using an exemption granted in paragraph (f) of this section. Every kilogram of excess import constitutes a separate violation of this subp… | |||
| 40:40:21.0.1.1.1.1.1.16 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.16 Phaseout schedule of class II controlled substances. | EPA | [68 FR 2848, Jan. 21, 2003, as amended at 71 FR 41171, July 20, 2006; 74 FR 66446, Dec. 15, 2009; 76 FR 47467, Aug. 5, 2011; 78 FR 20027, Apr. 3, 2013; 79 FR 64286, Oct. 28, 2014; 85 FR 15296, Mar. 17, 2020] | (a)(1) Calendar-year allowances. In each control period as indicated in the following tables, each person is granted the specified percentage of baseline production allowances and baseline consumption allowances for the specified class II controlled substances apportioned under §§ 82.17 and 82.19: Table 1 to Paragraph ( a )—Calendar-Year HCFC Production Allowances Table 2 to Paragraph ( a )—Calendar-Year HCFC Consumption Allowances (2) Recoupment allowances. In the control period beginning January 1, 2013 and ending December 31, 2013, and again in the control period beginning January 1, 2014 and ending December 31, 2014, certain companies are granted HCFC consumption and production allowances in addition to the percentage of baseline listed in the table at paragraph (a)(1) of this section. The following companies will receive the amounts listed below in both 2013 and 2014: 2,374,846 kg of HCFC-22 consumption allowances and 2,305,924 kg of HCFC-22 production allowances to Arkema; 1,170 kg of HCFC-142b consumption allowances to DuPont; 29,146 kg of HCFC-142b consumption allowances and 53,549 kg of HCFC-142b production allowances to Honeywell; 578,948 kg of HCFC-22 consumption allowances to Solvay Fluorides; and 144,900 kg of HCFC-142b production allowances to Solvay Solexis. (b) Effective January 1, 2003, no person may produce HCFC-141b except for use in a process resulting in its transformation or its destruction, for export under § 82.18(a) using unexpended Article 5 allowances, for export under § 82.18(b) using unexpended export production allowances, for HCFC-141b exemption needs using unexpended HCFC-141b exemption allowances, or for exemptions permitted in § 82.15(f). Effective January 1, 2003, no person may import HCFC-141b (other than transhipments, heels or used class II controlled substances) in excess of the quantity of unexpended HCFC-141b exemption allowances held by that person except for use in a process resulting in its transformation or its destruction, or for exemptions permitted in § 82.1… | |||
| 40:40:21.0.1.1.1.1.1.17 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.17 Apportionment of baseline production allowances for class II controlled substances. | EPA | [79 FR 64287, Oct. 28, 2014] | The following persons are apportioned baseline production allowances for HCFC-22, HCFC-141b, HCFC-142b, HCFC-123, HCFC-124, HCFC-225ca, and HCFC-225cb as set forth in the following table: | |||
| 40:40:21.0.1.1.1.1.1.18 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.18 Availability of production in addition to baseline production allowances for class II controlled substances. | EPA | [68 FR 2848, Jan. 21, 2003, as amended at 74 FR 66446, Dec. 15, 2009; 79 FR 16687, Mar. 26, 2014] | (a) Article 5 allowances. (1) Effective January 1, 2003, a person apportioned baseline production allowances for HCFC-141b, HCFC-22, or HCFC-142b under § 82.17 is also apportioned Article 5 allowances, equal to 15 percent of their baseline production allowances, for the specified HCFC for each control period up until December 31, 2009, to be used for the production of the specified HCFC for export only to foreign states listed in appendix E to this subpart. (2) Effective January 1, 2010, a person apportioned baseline production allowances under § 82.17 for HCFC-141b, HCFC-22, or HCFC-142b is also apportioned Article 5 allowances, equal to 10 percent of their baseline production allowances, for the specified HCFC for each control period up until December 31, 2019, to be used for the production of the specified HCFC for export only to foreign states listed in appendix E to this subpart. (3) Effective January 1, 2015, a person apportioned baseline production allowances under § 82.17 for HCFC-123, HCFC-124, HCFC-225ca, and HCFC-225cb is also apportioned Article 5 allowances, equal to 10 percent of their baseline production allowances, for the specified HCFC for each control period up until December 31, 2019, to be used for the production of the specified HCFC for export only to foreign states listed in appendix E to this subpart. (b) Export Production Allowances. (1) Effective January 1, 2003, a person apportioned baseline production allowances for HCFC-141b under § 82.17 is also apportioned export production allowances, equal to 100 percent of their baseline production allowances, for HCFC-141b for each control period up until December 31, 2009, to be used for the production of HCFC-141b for export only, in accordance with this section. (2) [Reserved] (c) International trades of production allowances, export production allowances and Article 5 allowances. (1) A person may increase or decrease their production allowances, export production allowances, or Article 5 allowances, for a specified control period… | |||
| 40:40:21.0.1.1.1.1.1.19 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.19 Apportionment of baseline consumption allowances for class II controlled substances. | EPA | [79 FR 64288, Oct. 28, 2014] | The following persons are apportioned baseline consumption allowances for HCFC-22, HCFC-142b, HCFC-123, HCFC-124, HCFC-225ca, and HCFC-225cb as set forth in the following table: | |||
| 40:40:21.0.1.1.1.1.1.2 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.2 [Reserved] | EPA | |||||
| 40:40:21.0.1.1.1.1.1.20 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.20 Availability of consumption allowances in addition to baseline consumption allowances for class II controlled substances. | EPA | [68 FR 2848, Jan. 21, 2003, as amended at 71 FR 41172, July 20, 2006; 79 FR 64288, Oct. 28, 2014] | (a) A person may obtain at any time during the control period, in accordance with the provisions of this section, consumption allowances equivalent to the quantity of class II controlled substances that the person exported from the United States and its territories to a foreign state in accordance with this section, when that quantity of class II controlled substance was produced in the U.S. or imported into the United States with expended consumption allowances. Both the export of the class II controlled substance and the request for additional consumption allowances must occur during a calendar year in which consumption allowances were issued for that class II controlled substance. (1) The exporter must submit to the Administrator a request for consumption allowances setting forth the following: (i) The identities and addresses of the exporter and the recipient of the exports; (ii) The exporter's Employer Identification Number; (iii) The names and telephone numbers of contact persons for the exporter and the recipient; (iv) The quantity (in kilograms) and type of class II controlled substances reported; (v) The source of the class II controlled substances and the date purchased; (vi) The date on which, and the port from which, the class II controlled substances were exported from the U.S. or its territories; (vii) The country to which the class II controlled substances were exported; (viii) A copy of the bill of lading and the invoice indicating the net quantity (in kilograms) of class II controlled substances shipped and documenting the sale of the class II controlled substances to the purchaser; (ix) The commodity codes of the class II controlled substances reported; and (x) A written statement from the producer that the class II controlled substances were produced with expended allowances or a written statement from the importer that the class II controlled substances were imported with expended allowances. (2) The Administrator will review the information and documentation submitted under paragr… | |||
| 40:40:21.0.1.1.1.1.1.21 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | §§ 82.21-82.22 [Reserved] | EPA | |||||
| 40:40:21.0.1.1.1.1.1.22 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.23 Transfers of allowances of class II controlled substances. | EPA | [68 FR 2848, Jan. 21, 2003, as amended at 78 FR 20028, Apr. 3, 2013; 85 FR 15298, Mar. 17, 2020] | (a) Inter-company transfers. Effective January 1, 2003, a person (“transferor”) may transfer to any other person (“transferee”) any quantity of the transferor's class II consumption allowances, production allowances, export production allowances, or Article 5 allowances for the same type of allowance as follows: (i) The transferor must submit to the Administrator a transfer claim setting forth the following: (A) The identities and addresses of the transferor and the transferee; (B) The name and telephone numbers of contact persons for the transferor and the transferee; (C) The type of allowances being transferred, including the names of the class II controlled substances for which allowances are to be transferred; (D) The quantity (in kilograms) of allowances being transferred; (E) The control period(s) for which the allowances are being transferred; (F) [Reserved] (G) For trades of consumption allowances, production allowances, export production allowances, or Article 5 allowances, the quantity of the 0.1 percent offset applied to the unweighted quantity traded that will be deducted from the transferor's allowance balance. (ii) The Administrator will determine whether the records maintained by EPA indicate that the transferor possesses unexpended allowances sufficient to cover the transfer claim on the date the transfer claim is processed. The transfer claim is the quantity (in kilograms) to be transferred plus 0.1 percent of that quantity. The Administrator will take into account any previous transfers, any production, and allowable imports and exports of class II controlled substances reported by the transferor. Within three working days of receiving a complete transfer claim, the Administrator will take action to notify the transferor and transferee as follows: (A) The Administrator will issue a notice indicating that EPA does not object to the transfer if EPA's records show that the transferor has sufficient unexpended allowances to cover the transfer claim. In the case of transfers of production… | |||
| 40:40:21.0.1.1.1.1.1.23 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.24 Recordkeeping and reporting requirements for class II controlled substances. | EPA | [68 FR 2848, Jan. 21, 2003, as amended at 71 FR 41172, July 20, 2006; 81 FR 6768, Feb. 9, 2016; 85 FR 15298, Mar. 17, 2020; 89 FR 82432, Oct. 10, 2024] | (a) Recordkeeping and reporting. Any person who produces, imports, exports, transforms, or destroys class II controlled substances must comply with the following recordkeeping and reporting requirements: (1) Reports required by this section must be submitted to the Administrator within 45 days of the end of the applicable reporting period, unless otherwise specified. Starting May 18, 2020, reports that are available for submission through the Central Data Exchange or another format specified by EPA must be submitted electronically through that tool. (2) Revisions of reports that are required by this section must be mailed to the Administrator within 180 days of the end of the applicable reporting period, unless otherwise specified. (3) Records and copies of reports required by this section must be retained for three years. (4) Quantities of class II controlled substances must be stated in terms of kilograms in reports required by this section. (5) Reports and records required by this section may be used for purposes of compliance determinations. These requirements are not intended as a limitation on the use of other evidence admissible under the Federal Rules of Evidence. Failure to provide the reports, petitions and records required by this section and to certify the accuracy of the information in the reports, petitions and records required by this section, will be considered a violation of this subpart. False statements made in reports, petitions and records will be considered violations of Section 113 of the Clean Air Act and under 18 U.S.C. 1001. (b) Producers. Persons (“producers”) who produce class II controlled substances during a control period must comply with the following recordkeeping and reporting requirements: (1) Reporting—Producers. For each quarter, each producer of a class II controlled substance must provide the Administrator with a report containing the following information: (i) The quantity (in kilograms) of production of each class II controlled substance used in processes res… | |||
| 40:40:21.0.1.1.1.1.1.24 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.25 Emissions of controlled substances from industrial sources. | EPA | [89 FR 82433, Oct. 10, 2024] | (a) Source applicability. The requirements specified in this section apply to every entity which engages in any of the following activities: (1) Use of a controlled substance as a process agent. (2) [Reserved] (b) Emissions of controlled substances to report. Every entity that engages in any activity listed in paragraph (a) of this section must report, for each applicable facility, emissions of the controlled substances in paragraph (b)(1) of this section from the processes listed in paragraph (b)(2) of this section. (1) Emissions of controlled substances. For purposes of reporting emissions under this section, the term “controlled substance” applies to the following controlled substances: (i) Each controlled substance used as a process agent. (ii) [Reserved] (2) Processes. For purposes of this section, the term “process” applies to the following activities: (i) Each activity listed in paragraph (a) of this section; (ii) Each separation process for the reuse or recycling of the controlled substance; (iii) Each transformation process of the controlled substance, where the controlled substance is produced at the facility and used in processes resulting in its transformation at the same facility; (iv) Each transformation process of the controlled substance at the facility, where one or more of the controlled substances transformed at the facility is produced at another facility; and (v) Each destruction process of the controlled substance. (c) Calculating emissions for controlled substances. For every activity listed in paragraph (a) of this section, each entity must calculate emissions of the controlled substances from each process using the emission factor, emission calculation factor, or mass balance method specified in paragraphs (c)(1) through (4) of this section, as appropriate. The mass balance method may only be used for batch operations without on-site production or transformation of controlled substances. For destruction processes that destroy controlled substances, the entity must c… | |||
| 40:40:21.0.1.1.1.1.1.25 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.26 Treatment of data submitted under this subpart. | EPA | [89 FR 82450, Oct. 10, 2024] | (a) Sections 2.201 through 2.215 and 2.301 of this chapter 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 § 2.301(a)(2) of this chapter, 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 and §§ 2.201 through 2.208 and 2.301(c) and (d) of this chapter 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 § 2.211 of this chapter, subject to paragraph (d) of this section and § 2.209 of this chapter. (c) 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. (d) 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: (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 c… | |||
| 40:40:21.0.1.1.1.1.1.26 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.27 Incorporation by reference. | EPA | [89 FR 82450, Oct. 10, 2024] | (a)(1) Certain material is incorporated by reference into this subpart 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 20460, 202-566-1742. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. (2) The IBR material may be obtained from the sources in the following paragraphs of this section or from one or more private resellers listed in this paragraph (a)(2). For material that is no longer commercially available, contact: U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460; a-and-rdocket@epa.gov. (i) Accuris Standards Store, 321 Inverness Drive, South Englewood, CO 80112; phone: (800) 332-6077; website: https://accuristech.com. (ii) American National Standards Institute (ANSI), 25 West 43rd Street, Fourth Floor, New York, NY 10036-7417; phone: (212) 642-4980; email: info@ansi.org; website: www.ansi.org. (iii) GlobalSpec, 257 Fuller Road, Suite NFE 1100, Albany, NY 12203-3621; phone: (800) 261-2052; website: https://standards.globalspec.com. (iv) Nimonik Document Center, 401 Roland Way, Suite 224, Oakland, CA 94624; phone (650) 591-7600; email: info@document-center.com; website: www.document-center.com. (b) American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016, phone: 800.843.2763, email: CustomerCare@asme.org; website: www.asme.org. (1) ASME MFC-3M-2004, Measurement of Fluid Flow in Pipes Using Orifice, Nozzle, and Venturi, issued August 15, 2005; IBR approved for § 82.25(d). (2) ASME MFC-4M-1986 (Reaffirmed 2016), Measurement of Gas Flow by Turbine Meters, reaffirmed 2016, IB… | |||
| 40:40:21.0.1.1.1.1.1.3 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.3 Definitions for class I and class II controlled substances. | EPA | [60 FR 24986, May 10, 1995] | As used in this subpart, the term: Administrator means the Administrator of the United States Environmental Protection Agency or his or her authorized representative. Starting May 18, 2020, reports and petitions that are available to be submitted through the Central Data Exchange, as well as any related supporting documents, must be submitted through that tool. Any other reports and communications shall be submitted to Stratospheric Protection Manager, 1200 Pennsylvania Ave. NW, Mail Code: 6205T, Washington, DC 20460. Aircraft halon bottle means a vessel used as a component of an aircraft fire suppression system containing halon-1301 or halon-1211 approved under FAA rules for installation in a certificated aircraft. Appliance means any device which contains and uses a refrigerant and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer. Applicator means the person who applies methyl bromide. Approved critical use(s) means those uses of methyl bromide listed in Column A of appendix L to this subpart as further clarified in Columns B and C of that appendix. Approved critical user(s) means a person who: (1) For the applicable control period, applied to EPA for a critical use exemption or is a member of a consortium that applied to EPA for a critical use exemption for a use and location of use that was included in the U.S. nomination, authorized by a Decision of the Parties to the Montreal Protocol, and then finally determined by EPA in a notice-and-comment rulemaking to be an approved critical use; and (2) Has an area in the applicable location of use that requires methyl bromide fumigation because the person reasonably expects that the area will be subject to a limiting critical condition during the applicable control period. Article 5 allowances means the allowances apportioned under §§ 82.9(a), 82.11(a)(2), and 82.18(a). Baseline consumption allowances means the consumption allowances apportioned under §§ 82.6 and 82.19. Baseline pr… | |||
| 40:40:21.0.1.1.1.1.1.4 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.4 Prohibitions for class I controlled substances. | EPA | [60 FR 24986, May 10, 1995] | (a)(1) Prior to January 1, 1996, for all Groups of class I controlled substances, and prior to January 1, 2005, for class I, Group VI controlled substances, no person may produce, at any time in any control period, (except that are transformed or destroyed domestically or by a person of another Party) in excess of the amount of unexpended production allowances or unexpended Article 5 allowances for that substance held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess production constitutes a separate violation of this subpart. (2) Effective January 1, 2003, production of class I, Group VI controlled substances is not subject to the prohibitions in paragraph (a)(1) of this section if it is solely for quarantine or preshipment applications as defined in this subpart. (b)(1) Effective January 1, 1996, for any Class I, Group I, Group II, Group III, Group IV, Group V or Group VII controlled substances, and effective January 1, 2005 for any Class I, Group VI controlled substances, and effective August 18, 2003, for any Class I, Group VIII controlled substance, no person may produce, at any time in any control period (except that are transformed or destroyed domestically or by a person of another Party) in excess of the amount of conferred unexpended essential use allowances or exemptions, or in excess of the amount of unexpended critical use allowances, or in excess of the amount of unexpended Article 5 allowances as allocated under § 82.9 and 82.11, as may be modified under § 82.12 (transfer of allowances) for that substance held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess production constitutes a separate violation of this subpart. (2) Effective January 1, 2005, production of class I, Group VI controlled substances is not subject to the prohibitions in paragraph (b)(1) of this section if it is solely for quarantine or preshipment applications as defined in this subpart, or it is so… | |||
| 40:40:21.0.1.1.1.1.1.5 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.5 Apportionment of baseline production allowances for class I controlled substances. | EPA | [60 FR 24986, May 10, 1995, as amended at 68 FR 2848, Jan. 21, 2003] | Persons who produced controlled substances in Group I or Group II in 1986 are apportioned baseline production allowances as set forth in paragraphs (a) and (b) of this section. Persons who produced controlled substances in Group III, IV, or V in 1989 are apportioned baseline production allowances as set forth in paragraphs (c), (d), and (e) of this section. Persons who produced controlled substances in Group VI and VII in 1991 are apportioned baseline allowances as set forth in paragraphs (f) and (g) of this section. | |||
| 40:40:21.0.1.1.1.1.1.6 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.6 Apportionment of baseline consumption allowances for class I controlled substances. | EPA | [60 FR 24986, May 10, 1995, as amended at 68 FR 2848, Jan. 21, 2003] | Persons who produced, imported, or produced and imported controlled substances in Group I or Group II in 1986 are apportioned chemical-specific baseline consumption allowances as set forth in paragraphs (a) and (b) of this section. Persons who produced, imported, or produced and imported controlled substances in Group III, Group IV, or Group V in 1989 are apportioned chemical-specific baseline consumption allowances as set forth in paragraphs (c), (d) and (e) of this section. Persons who produced, imported, or produced and imported controlled substances in Group VI or VII in 1991 are apportioned chemical specific baseline consumption allowances as set forth in paragraphs (f) and (g) of this section. | |||
| 40:40:21.0.1.1.1.1.1.7 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.7 Grant and phase reduction of baseline production and consumption allowances for class I controlled substances. | EPA | [65 FR 70803, Nov. 28, 2000] | For each control period specified in the following table, each person is granted the specified percentage of the baseline production and consumption allowances apportioned to him under §§ 82.5 and 82.6 of this subpart. | |||
| 40:40:21.0.1.1.1.1.1.8 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.8 Grant of essential use allowances and critical use allowances. | EPA | [69 FR 77003, Dec. 23, 2004] | (a) Effective January 1, 1996, persons in the following list are allocated essential-use allowances or exemptions for quantities of a specific class I controlled substance for a specific essential-use (the Administrator reserves the right to revise the allocations based on future decisions of the Parties). Table I—Essential Use Allowances for Calendar Year 2010 (b) There is a global exemption for the production and import of class I controlled substances for essential laboratory and analytical uses, subject to the restrictions in appendix G of this subpart, and subject to the recordkeeping and reporting requirements at § 82.13(u) through (x). There is no amount specified for this exemption. (c) Effective January 1, 2005, critical use allowances are apportioned as set forth in paragraph (c)(1) of this section for the exempted production and import of class I, Group VI controlled substances specifically for those approved critical uses listed in appendix L to this subpart for the applicable control period. Every kilogram of production and import in excess of the total number and type of unexpended critical use allowances held for a particular type of use constitutes a separate violation of this subpart. (1) Allocated critical use allowances granted for specified control period. * For production or import of Class I, Group VI controlled substance exclusively for the pre-plant or post-harvest uses specified in appendix L to this subpart. (2) [Reserved] | |||
| 40:40:21.0.1.1.1.1.1.9 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | A | Subpart A—Production and Consumption Controls | § 82.9 Availability of production allowances in addition to baseline production allowances for class I controlled substances. | EPA | [60 FR 24986, May 10, 1995, as amended at 63 FR 41643, Aug. 4, 1998; 63 FR 53290, Oct. 5, 1998; 65 FR 70804, Nov. 28, 2000; 67 FR 6360, Feb. 11, 2002; 67 FR 21134, Apr. 29, 2002; 70 FR 77047, Dec. 29, 2005; 85 FR 15292, Mar. 17, 2020] | (a)—(b) [Reserved] (c) A company may increase or decrease its production allowances, including its Article 5 allowances, by trading with another Party to the Protocol according to the provision under this paragraph (c). A company may increase or decrease its essential-use allowances for CFCs for use in essential MDIs according to the provisions under this paragraph (c). A nation listed in appendix C to this subpart (Parties to the Montreal Protocol) must agree either to transfer to the person for the current control period some amount of production or import that the nation is permitted under the Montreal Protocol or to receive from the person for the current control period some amount of production or import that the person is permitted under this subpart. If the controlled substance is produced under the authority of production allowances and is to be sold in the United States or to another Party (not the Party from whom the allowances are received), the U.S. company must expend its consumption allowances allocated under §§ 82.6 and 82.7 in order to produce with the additional production allowances. (1) For trades from a Party, the person must obtain from the principal diplomatic representative in that nation's embassy in the United States a signed document stating that the appropriate authority within that nation has established or revised production limits or essential-use allowance limits for the nation to equal the lesser of the maximum production that the nation is allowed under the Protocol minus the amount transferred, the maximum production or essential-use allowances that are allowed under the nation's applicable domestic law minus the amount transferred, or the average of the nation's actual national production level for the three years prior to the transfer minus the production transferred. The person must submit to the Administrator a transfer request that includes a true copy of this document and that sets forth the following: (i) The identity and address of the person; (ii) The identity of the… | |||
| 40:40:21.0.1.1.1.2.1.1 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.30 Purpose and scope. | EPA | [57 FR 31261, July 14, 1992, as amended at 62 FR 68046, Dec. 30, 1997] | (a) The purpose of the regulations in this subpart B is to implement section 609 of the Clean Air Act, as amended (Act) regarding the servicing of motor vehicle air conditioners (MVACs), and to implement section 608 of the Act regarding certain servicing, maintenance, repair and disposal of air conditioners in MVACs and MVAC-like appliances (as that term is defined in 40 CFR 82.152). (b) These regulations apply to any person performing service on a motor vehicle for consideration when this service involves the refrigerant in the motor vehicle air conditioner. | |||
| 40:40:21.0.1.1.1.2.1.2 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.31 Incorporation by reference. | EPA | [86 FR 15595, Mar. 24, 2021] | (a) Certain material is incorporated by reference into this subpart part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. You can obtain the material from the sources listed in paragraph (b) of this section. You may inspect a copy of the approved material at U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov or go to www.archives.gov/federal-register/cfr/ibr-locations.html. (b) SAE International. SAE Customer Service, 400 Commonwealth Drive, Warrendale, PA 15096-0001 USA; Email: CustomerService@sae.org; Telephone: 1-877-606-7323 (U.S. and Canada only) or 1-724-776-4970 (outside the U.S. and Canada); internet address: http://store.sae.org/dlabout.htm. (1) SAE J2843 TM . R-1234yf (HFO-1234yf) Recovery/Recycling/Recharging Equipment for Flammable Refrigerants for Mobile Air-Conditioning Systems. Revised July 2019; IBR approved for § 82.36(a). (2) SAE J2851. Recovery Equipment for Contaminated R-134a or R-1234yf Refrigerant from Mobile Automotive Air Conditioning Systems. Revised February 2015; IBR approved for § 82.36(a). (3) SAE J3030. Automotive Refrigerant Recovery/Recycling/Recharging Equipment Intended for use with Both R-1234yf and R-134a. Issued July 2015 ( Note: SAE J3030 heading says “revised”); IBR approved for § 82.36(a). | |||
| 40:40:21.0.1.1.1.2.1.3 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.32 Definitions. | EPA | [57 FR 31261, July 14, 1992, as amended at 60 FR 21687, May 2, 1995; 62 FR 68046, Dec. 30, 1997; 86 FR 15595, Mar. 24, 2021] | (a) Approved independent standards testing organization means any organization which has applied for and received approval from the Administrator pursuant to § 82.38. (b) Approved refrigerant recycling equipment means equipment certified by the Administrator or an organization approved under § 82.38 as meeting either one of the standards in § 82.36. Such equipment extracts and recycles refrigerant or extracts refrigerant for recycling on-site or reclamation off-site. (c) Motor vehicle as used in this subpart 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. (d) Motor vehicle air conditioners means mechanical vapor compression refrigeration equipment used to cool the driver's or passenger's compartment of any motor vehicle. This definition is not intended to encompass the hermetically sealed refrigeration systems used on motor vehicles for refrigerated cargo and the air conditioning systems on passenger buses using HCFC-22 refrigerant. (e) Properly using. (1) Properly using means using equipment in conformity with the regulations set forth in this subpart, including but not limited to the prohibitions and required practices set forth in § 82.34, and the recommended service procedures and practices for the containment of refrigerant set forth in § 82.36(a) and appendices A, B, C, D, E, and F to this subpart, as applicable. In addition, this term includes operating the equipment in accordance with the manufacturer's guide to operation and maintenance and using the equipment only for the controlled substance for which the machine is designed. For equipment that extracts and recycles refrigerant, properly using also means to recycle refrigerant before it is returned to a motor vehicle air conditioner or MVAC-li… | |||
| 40:40:21.0.1.1.1.2.1.4 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.34 Prohibitions and required practices. | EPA | [57 FR 31261, July 14, 1992, as amended at 62 FR 68047, Dec. 30, 1997; 72 FR 63494, Nov. 9, 2007] | (a) No person repairing or servicing MVACs for consideration, and no person repairing or servicing MVAC-like appliances, may perform any service involving the refrigerant for such MVAC or MVAC-like appliance: (1) Without properly using equipment approved pursuant to § 82.36; (2) Unless any such person repairing or servicing an MVAC has been properly trained and certified by a technician certification program approved by the Administrator pursuant to § 82.40; and (3) Unless any such person repairing or servicing an MVAC-like appliance has been properly trained and certified by a technician certification program approved by the Administrator pursuant to either § 82.40 or § 82.161(a)(5). (b) Effective November 15, 1992, no person may sell or distribute, or offer for sale or distribution, any class I or class II substance that is suitable for use as a refrigerant in motor vehicle air-conditioner and that is in a container which contains less than 20 pounds of such refrigerant to any person unless that person is properly trained and certified under § 82.40 or intended the containers for resale only, and so certifies to the seller under § 82.42(b)(3). (c) No technician training programs may issue certificates unless the program complies with all of the standards in § 82.40(a). (d) Motor vehicle disposal facilities. (1) Any refrigerant that is extracted from an MVAC or an MVAC-like appliance (as that term is defined in § 82.152) bound for disposal and located at a motor vehicle disposal facility may not be subsequently used to charge or recharge an MVAC or MVAC-like appliance, unless, prior to such charging or recharging, the refrigerant is either: (i) Recovered, and reclaimed in accordance with the regulations promulgated under § 82.32(e)(2) of this subpart B; or (ii) (A) Recovered using approved refrigerant recycling equipment dedicated for use with MVACs and MVAC-like appliances, either by a technician certified under paragraph (a)(2) of this section, or by an employee, owner, or operator of, or contractor … | |||
| 40:40:21.0.1.1.1.2.1.5 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.36 Approved refrigerant handling equipment. | EPA | [57 FR 31261, July 14, 1992, as amended at 60 FR 21687, May 2, 1995; 62 FR 68047, Dec. 30, 1997; 72 FR 63494, Nov. 9, 2007; 73 FR 34647, June 18, 2008; 86 FR 15595, Mar. 24, 2021] | (a)(1) Refrigerant recycling equipment must be certified by the Administrator or an independent standards testing organization approved by the Administrator under § 82.38 to meet the following standard: (2) Equipment that recovers and recycles CFC-12 refrigerant must meet the standards set forth in appendix A of this subpart (Recommended Service Procedure for the Containment of CFC-12, Extraction and Recycle Equipment for Mobile Automotive Air-Conditioning Systems, and Standard of Purity for Use in Mobile Air Conditioning Systems). (3) Equipment that recovers but does not recycle CFC-12 refrigerant must meet the standards set forth in appendix B of this subpart (Recommended Service Procedure for the Containment of CFC-12 and Extraction Equipment for Mobile Automotive Air-Conditioning Systems). (4) Effective January 1, 2008, equipment that recovers and recycles HFC-134a refrigerant and equipment that recovers and recycles HFC-134a refrigerant and recharges systems with HFC-134a refrigerant must meet the standards set forth in Appendix C of this subpart based upon J2788—HFC-134a (R-134a) Recovery/Recycling Equipment and Recovery/Recycling/Recharging for Mobile Air-Conditioning Systems. (5) Effective October 31, 2008, equipment that recovers but does not recycle HFC-134a refrigerant must meet the standards set forth in Appendix D of this subpart based upon J2810—HFC-134a (R-134a) Recovery Equipment Mobile Air-Conditioning Systems. (6) Equipment that recovers and recycles both CFC-12 and HFC-134a using common circuitry must meet the standards set forth in appendix E of this subpart (Automotive Refrigerant Recycling Equipment Intended for Use with both CFC-12 and HFC-134a, Recommended Service Procedure for the Containment of CFC-12, and Recommended Service Procedure for the Containment of HFC-134a). (7) Equipment that recovers but does not recycle refrigerants other than CFC-12, HFC-134a, and HFO-1234yf must meet the standards set forth in appendix F of this subpart (Recover-Only Equipment that Extracts a Single… | |||
| 40:40:21.0.1.1.1.2.1.6 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.38 Approved independent standards testing organizations. | EPA | [57 FR 31261, July 14, 1992, as amended at 60 FR 21687, May 2, 1995; 62 FR 68048, Dec. 30, 1997; 86 FR 15595, Mar. 24, 2021] | (a) Any independent standards testing organization may apply for approval by the Administrator to certify equipment as meeting the standards in § 82.36(a) and appendices A, B, C, D, E, and F to this subpart, as applicable. The application shall be sent to: MVACs Recycling Program Manager, Stratospheric Protection Division (6205T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460. (b) Applications for approval must document the following: (1) That the organization has the capacity to accurately test whether refrigerant recycling equipment complies with the applicable standards. In particular, applications must document: (i) The equipment present at the organization that will be used for equipment testing; (ii) The expertise in equipment testing and the technical experience of the organization's personnel; (iii) Thorough knowledge of the standards as they appear in the applicable appendices of this subpart; and (iv) The test procedures to be used to test equipment for compliance with applicable standards, and why such test procedures are appropriate for that purpose. (2) That the organization has no conflict of interest and will receive no financial benefit based on the outcome of certification testing; and (3) That the organization agrees to allow the Administrator access to verify the information contained in the application. (c) If approval is denied under this section, the Administrator shall give written notice to the organization setting forth the basis for his or her determination. (d) If at any time an approved independent standards testing organization is found to be conducting certification tests for the purposes of this subpart in a manner not consistent with the representations made in its application for approval under this section, the Administrator reserves the right to revoke approval. | |||
| 40:40:21.0.1.1.1.2.1.7 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.40 Technician training and certification. | EPA | [57 FR 31261, July 14, 1992, as amended at 60 FR 21688, May 2, 1995; 62 FR 68048, Dec. 30, 1997; 86 FR 15595, Mar. 24, 2021] | (a) Any technician training and certification program may apply for approval, in accordance with the provisions of this paragraph, by submitting to the Administrator at the address in § 82.38(a) verification that the program meets all of the following standards: (1) Training. Each program must provide adequate training, through one or more of the following means: on-the-job training, training through self-study of instructional material, or on-site training involving instructors, videos or a hands-on demonstration. (2) Test subject material. The certification tests must adequately and sufficiently cover the following: (i) The standards established for the service and repair of MVACs and MVAC-like appliances as set forth in § 82.36(a) and appendices A, B, C, D, E, and F to this subpart. These standards relate to the recommended service procedures for the containment of refrigerant, extraction equipment, extraction and recycle equipment, and the standard of purity for refrigerant in motor vehicle air conditioners. (ii) Anticipated future technological developments, such as the introduction of HFC-134a in new motor vehicle air conditioners. (iii) The environmental consequences of refrigerant release and the adverse effects of stratospheric ozone layer depletion. (iv) As of August 13, 1992, the requirements imposed by the Administrator under section 609 of the Act. (3) Test administration. Completed tests must be graded by an entity or individual who receives no benefit based on the outcome of testing; a fee may be charged for grading. Sufficient measures must be taken at the test site to ensure that tests are completed honestly by each technician. Each test must provide a means of verifying the identification of the individual taking the test. Programs are encouraged to make provisions for non-English speaking technicians by providing tests in other languages or allowing the use of a translator when taking the test. If a translator is used, the certificate received must indicate that translator assistan… | |||
| 40:40:21.0.1.1.1.2.1.8 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | B | Subpart B—Servicing of Motor Vehicle Air Conditioners | § 82.42 Certification, recordkeeping and public notification requirements. | EPA | [57 FR 31261, July 14, 1992, as amended at 60 FR 21688, May 2, 1995; 72 FR 63494, Nov. 9, 2007; 76 FR 49673, Aug. 11, 2011; 78 FR 37977, June 25, 2013; 84 FR 34070, July 17, 2019; 84 FR 44230, Aug. 23, 2019] | (a) Certification requirements. (1) No later than January 1, 1993, any person repairing or servicing motor vehicle air conditioners for consideration shall certify to the Administrator that such person has acquired, and is properly using, approved equipment and that each individual authorized to use the equipment is properly trained and certified. Certification shall take the form of a statement signed by the owner of the equipment or another responsible officer and setting forth: (i) The name of the purchaser of the equipment; (ii) The address of the establishment where the equipment will be located; and (iii) The manufacturer name and equipment model number, the date of manufacture, and the serial number of the equipment. The certification must also include a statement that the equipment will be properly used in servicing motor vehicle air conditioners, that each individual authorized by the purchaser to perform service is properly trained and certified in accordance with § 82.40, and that the information given is true and correct. (A) Owners or lessees of recycling or recovery equipment having their places of business in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont must send their certifications to: CAA section 609 Enforcement Contact; EPA Region I; Mail Code 04-2; 5 Post Office Square—Suite 100, Boston, MA 02109-3912. (B) Owners or lessees of recycling or recovery equipment having their places of business in New York, New Jersey, Puerto Rico, Virgin Islands must send their certifications to: CAA section 609 Enforcement Contact; EPA Region II (2DECA-AC); 290 Broadway, 21st Floor; New York, NY 10007-1866. (C) Owners or lessees of recycling or recovery equipment having their places of business in Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia must send their certifications to: CAA section 609 Enforcement Contact; EPA Region III—Wheeling Operations Office; Mail Code 3AP12; 303 Methodist Building; 11th and Chapline Streets; Wheeling, WV 26003.… | |||
| 40:40:21.0.1.1.1.3.1.1 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | C | Subpart C—Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured With Class II Substances | § 82.60 Purpose. | EPA | The purpose of this subpart is to implement the requirements of sections 608 and 610 of the Clean Air Act as amended in 1990 on emission reductions and nonessential products. | ||||
| 40:40:21.0.1.1.1.3.1.2 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | C | Subpart C—Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured With Class II Substances | § 82.62 Definitions. | EPA | [58 FR 69675, Dec. 30, 1993, as amended at 61 FR 64427, Dec. 4, 1996; 66 FR 57522, Nov. 15, 2001; 85 FR 15300, Mar. 17, 2020] | For purposes of this subpart: Chlorofluorocarbon means any substance listed as Class I group I or Class I group III in 40 CFR part 82, appendix A to subpart A. Class II Substance means any substance designated as class II in 40 CFR part 82, appendix B to subpart A. Commercial, when used to describe the purchaser of a product, means a person that uses the product in the purchaser's business or sells it to another person and has one of the following identification numbers: (1) A federal employer identification number; (2) A state sales tax exemption number; (3) A local business license number; or (4) A government contract number. Consumer, when used to describe a person taking action with regard to a product, means the ultimate purchaser, recipient or user of a product. Distributor, when used to describe a person taking action with regard to a product means: (1) The seller of a product to a consumer or another distributor; or (2) A person who sells or distributes that product in interstate commerce for export from the United States. Foam Insulation Product, when used to describe a product containing or consisting of plastic foam, means a product containing or consisting of the following types of foam: (1) Closed cell rigid polyurethane foam; (2) Closed cell rigid polystyrene boardstock foam; (3) Closed cell rigid phenolic foam; and (4) Closed cell rigid polyethylene foam when such foam is suitable in shape, thickness and design to be used as a product that provides thermal insulation around pipes used in heating, plumbing, refrigeration, or industrial process systems. Hydrochlorofluorocarbon means any substance listed as class II in 40 CFR part 82, appendix B to subpart A. Initial Inventory means that the original product has completed all of its manufacturing processes and is ready for sale by the manufacturer. Products in initial inventory may be subsequently incorporated into another product by a different manufacturer after purchase. To continue selling products after the effective dat… | |||
| 40:40:21.0.1.1.1.3.1.3 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | C | Subpart C—Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured With Class II Substances | § 82.64 Prohibitions. | EPA | [58 FR 69675, Dec. 30, 1993, as amended at 85 FR 15300, Mar. 17, 2020] | (a) Effective February 16, 1993, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products identified as being nonessential in § 82.66(a). (b) Effective February 16, 1993, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products specified in § 82.66(b) to a person who does not provide proof of being a commercial purchaser, as defined under § 82.62. (c) Effective January 17, 1994, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products identified as being nonessential in § 82.66(c) or § 82.66(d) except as permitted under § 82.65(g). (d) Except as permitted under § 82.65, effective January 1, 1994, no person may sell or distribute, or offer for sale or distribution, in interstate commerce any product identified as being nonessential in § 82.70(a) or § 82.70(c). (e) Except as permitted under § 82.65, effective January 1, 1994, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products specified in § 82.70(b) to a person who does not provide proof of being a commercial purchaser, as defined under § 82.62. (f) Except as permitted under § 82.65(d), effective January 1, 1996, no person may sell or distribute, or offer for sale or distribution, in interstate commerce any product identified as being nonessential in § 82.70(c)(ii). (g) It is a violation of this subpart to sell or distribute, or offer for sale or distribution, products effected by the provisions of § 82.68 if the seller knew or should have known that the purchaser was purchasing the product for a prohibited application. (h) No person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products identified as being nonessential in § 82.66(f). | |||
| 40:40:21.0.1.1.1.3.1.4 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | C | Subpart C—Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured With Class II Substances | § 82.65 Temporary exemptions. | EPA | [58 FR 69675, Dec. 30, 1993, as amended at 66 FR 57522, Nov. 15, 2001] | (a) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any products specified as nonessential in § 82.70 which are manufactured and placed into initial inventory by December 31, 1993. (b) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any products specified as nonessential in § 82.70 which are manufactured and placed into initial inventory within the date 90 days after the effective date of any federal approvals required for product reformulation, where application for the required approval was timely and properly submitted to the approving federal agency prior to January 1, 1994. (c)(1) Any person may sell or distribute or offer to sell or distribute, in interstate commerce, at any time, any products specified as nonessential in § 82.70 which are manufactured and placed into initial inventory within 45 days after the receipt of denial by any federal agency of an application for reformulation where initial application for the required approval was timely and properly submitted to the approving federal agency prior to January 1, 1994. (2) If, within 45 days of receipt of a denial of an application for reformulation, a person submits a new viable application for federal approval of a reformulation, that person may continue to sell and distribute, or offer to sell and distribute until 45 days of denial of that application. (d) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any integral skin foam utilized to provide for motor vehicle safety in accordance with Federal Motor Vehicle Safety Standards, which are manufactured and placed into initial inventory prior to January 1, 1996. (e) Any person selling or distributing, or offering to sell or distribute, any product specified in this section after January 1, 1994, or January 1, 1996 for paragraph (d) of this section, or after January 17, 1994 for any product specified in paragraph (g) of this sectio… | |||
| 40:40:21.0.1.1.1.3.1.5 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | C | Subpart C—Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured With Class II Substances | § 82.66 Nonessential Class I products and exceptions. | EPA | [58 FR 69675, Dec. 30, 1993, as amended at 66 FR 57522, Nov. 15, 2001; 85 FR 15300, Mar. 17, 2020] | The following products which release a Class I substance (as defined in 40 CFR part 82, appendix A to subpart A) are identified as being nonessential, and subject to the prohibitions specified under § 82.64— (a) Any plastic party streamer or noise horn which is propelled by a chlorofluorocarbon, including but not limited to— (1) String confetti; (2) Marine safety horns; (3) Sporting event horns; (4) Personal safety horns; (5) Wall-mounted alarms used in factories or other work areas; and (6) Intruder alarms used in homes or cars. (b) Any cleaning fluid for electronic and photographic equipment which contains a chlorofluorocarbon: (1) Including but not limited to liquid packaging, solvent wipes, solvent sprays, and gas sprays; and (2) Except for those sold or distributed to a commercial purchaser. (c) Any plastic foam product which is manufactured with or contains a Class I substance; except any plastic foam product blown with CFC-11, but which contains no other Class I substances and where this product is used to provide thermal protection to external tanks for space vehicles; (d) Any aerosol product or other pressurized dispenser, other than those banned in § 82.64(a) or § 82.64(b), which contains a chlorofluorocarbon, (1) Including but not limited to household, industrial, automotive and pesticide uses, (2) Except— (i) Medical devices listed in 21 CFR 2.125(e); (ii) Lubricants, coatings or cleaning fluids for electrical or electronic equipment, which contain CFC-11, CFC-12, or CFC-113 for solvent purposes, but which contain no other CFCs; (iii) Lubricants, coatings or cleaning fluids used for aircraft maintenance, which contain CFC-11 or CFC-113 as a solvent, but which contain no other CFCs; (iv) Mold release agents used in the production of plastic and elastomeric materials, which contain CFC-11 or CFC-113 as a solvent, but which contain no other CFCs, and/or mold release agents that contain CFC-12 as a propellant, but which contain no other CFCs; (v) Spinnerette lubricant/cleaning sprays us… | |||
| 40:40:21.0.1.1.1.3.1.6 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | C | Subpart C—Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured With Class II Substances | § 82.68 Verification and public notice requirements. | EPA | [58 FR 69675, Dec. 30, 1993, as amended at 61 FR 64427, Dec. 4, 1996] | (a) Effective February 16, 1993, any person who sells or distributes any cleaning fluid for electronic and photographic equipment which contains a chlorofluorocarbon must verify that the purchaser is a commercial entity as defined in § 82.62. In order to verify that the purchaser is a commercial entity, the person who sells or distributes this product must request documentation that proves the purchaser's commercial status by containing one or more of the commercial identification numbers specified in § 82.62(b). The seller or distributor must have a reasonable basis for believing that the information presented by the purchaser is accurate. (b) Effective February 16, 1993, any person who sells or distributes any cleaning fluid for electronic and photographic equipment which contains a chlorofluorocarbon must prominently display a sign where sales of such product occur which states: “It is a violation of federal law to sell, distribute, or offer to sell or distribute, any chlorofluorocarbon-containing cleaning fluid for electronic and photographic equipment to anyone who is not a commercial user of this product. The penalty for violating this prohibition can be up to $25,000 per sale. Individuals purchasing such products must present proof of their commercial status in accordance with § 82.68(a).” (c) Effective January 1, 1994, any person who sells or distributes any aerosol or pressurized dispenser of cleaning fluid for electronic and photographic equipment which contains a class II substance must verify that the purchaser is a commercial entity as defined in § 82.62(b). In order to verify that the purchaser is a commercial entity, the person who sells or distributes this product must request documentation that proves the purchaser's commercial status by containing one or more of the commercial identification numbers specified in § 82.62(b). (d) Effective January 1, 1994, any person who sells or distributes any aerosol or other pressurized dispenser of cleaning fluid for electronic and photographic equipment w… | |||
| 40:40:21.0.1.1.1.3.1.7 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | C | Subpart C—Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured With Class II Substances | § 82.70 Nonessential Class II products and exceptions. | EPA | [58 FR 69675, Dec. 30, 1993, as amended at 61 FR 64427, Dec. 4, 1996] | The following products which release a class II substance (as designated as class II in 40 CFR part 82, appendix B to subpart A) are identified as being nonessential and the sale or distribution of such products is prohibited under § 82.64 (d), (e), or (f)— (a) Any aerosol product or other pressurized dispenser which contains a class II substance: (1) Including but not limited to household, industrial, automotive and pesticide uses; (2) Except— (i) Medical devices listed in 21 CFR 2.125(e); (ii) Lubricants, coatings or cleaning fluids for electrical or electronic equipment, which contain class II substances for solvent purposes, but which contain no other class II substances; (iii) Lubricants, coatings or cleaning fluids used for aircraft maintenance, which contain class II substances for solvent purposes but which contain no other class II substances; (iv) Mold release agents used in the production of plastic and elastomeric materials, which contain class II substances for solvent purposes but which contain no other class II substances, and/or mold release agents that contain HCFC-22 as a propellant where evidence of good faith efforts to secure alternatives indicates that, other than a class I substance, there are no suitable alternatives; (v) Spinnerette lubricants/cleaning sprays used in the production of synthetic fibers, which contain class II substances for solvent purposes and/or contain class II substances for propellant purposes; (vi) Document preservation sprays which contain HCFC-141b as a solvent, but which contain no other class II substance; and/or which contain HCFC-22 as a propellant, but which contain no other class II substance and which are used solely on thick books, books with coated, dense or paper and tightly bound documents; (vii) Portable fire extinguishing equipment used for non-residential applications; and (viii) Wasp and hornet sprays for use near high-tension power lines that contain a class II substance for solvent purposes only, but which contain no other class II subst… | |||
| 40:40:21.0.1.1.1.4.1.1 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | D | Subpart D—Federal Procurement | § 82.80 Purpose and scope. | EPA | (a) The purpose of this subpart is to require Federal departments, agencies, and instrumentalities to adopt procurement regulations which conform to the policies and requirements of title VI of the Clean Air Act as amended, and which maximize the substitution in Federal procurement of safe alternatives, as identified under section 612 of the Clean Air Act, for class I and class II substances. (b) The regulations in this subpart apply to each department, agency, and instrumentality of the United States. | ||||
| 40:40:21.0.1.1.1.4.1.2 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | D | Subpart D—Federal Procurement | § 82.82 Definitions. | EPA | (a) Class I substance means any substance designated as class I by EPA pursuant to 42 U.S.C. 7671(a), including but not limited to chlorofluorocarbons, halons, carbon tetrachloride and methyl chloroform. (b) Class II substance means any substance designated as class II by EPA pursuant to 42 U.S.C. 7671(a), including but not limited to hydrochlorofluorocarbons. (c) Controlled substance means a class I or class II ozone-depleting substance. (d) Department, agency and instrumentality of the United States refers to any executive department, military department, or independent establishment within the meaning of 5 U.S.C. 101, 102, and 104(1), respectively, any wholly owned Government corporation, the United States Postal Service and Postal Rate Commission, and all parts of and establishments within the legislative and judicial branches of the United States. | ||||
| 40:40:21.0.1.1.1.4.1.3 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | D | Subpart D—Federal Procurement | § 82.84 Requirements. | EPA | (a) No later than October 24, 1994, each department, agency and instrumentality of the United States shall conform its procurement regulations to the requirements and policies of title VI of the Clean Air Act, 42 U.S.C. 7671-7671g. Each such regulation shall provide, at a minimum, the following: (1) That in place of class I or class II substances, or of products made with or containing such substances, safe alternatives identified under 42 U.S.C. 7671k (or products made with or containing such alternatives) shall be substituted to the maximum extent practicable. Substitution is not required for class II substances identified as safe alternatives under 42 U.S.C. 7671k, or for products made with or containing such substances, and such substances may be used as substitutes for other class I or class II substances. (2) That, consistent with the phaseout schedules for ozone-depleting substances, no purchases shall be made of class II substances, or products containing class II substances, for the purpose of any use prohibited under 42 U.S.C. 7671d(c); (3) That all active or new contracts involving the performance of any service or activity subject to 42 U.S.C. 7671g or 7671h or regulations promulgated thereunder include, or be modified to include, a condition requiring the contractor to ensure compliance with all requirements of those sections and regulations; (4) That no purchases shall be made of products whose sale is prohibited under 42 U.S.C. 7671h, except when they will be used by persons certified under section 609 to service vehicles, and no purchase shall be made of nonessential products as defined under 42 U.S.C. 7671i; (5) That proper labeling under 42 U.S.C. 7671j shall be a specification for the purchase of any product subject to that section. (b) For agencies subject to the Federal Acquisition Regulation, 48 CFR part 1, amendment of the FAR, consistent with this subpart, shall satisfy the requirement of this section. | ||||
| 40:40:21.0.1.1.1.4.1.4 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | D | Subpart D—Federal Procurement | § 82.86 Reporting requirements. | EPA | (a) No later than one year after October 22, 1993, each agency, department, and instrumentality of the United States shall certify to the Office of Management and Budget that its procurement regulations have been amended in accordance with this section. (b) Certification by the General Services Administration that the Federal Acquisition Regulation has been amended in accordance with this section shall constitute adequate certification for purposes of all agencies subject to the Federal Acquisition Regulation. | ||||
| 40:40:21.0.1.1.1.5.1.1 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | E | Subpart E—The Labeling of Products Using Ozone-Depleting Substances | § 82.100 Purpose. | EPA | The purpose of this subpart is to require warning statements on containers of, and products containing or manufactured with, certain ozone-depleting substances, pursuant to section 611 of the Clean Air Act, as amended. | ||||
| 40:40:21.0.1.1.1.5.1.10 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | E | Subpart E—The Labeling of Products Using Ozone-Depleting Substances | § 82.118 Compliance by wholesalers, distributors and retailers. | EPA | (a) Requirement of compliance by wholesalers, distributors and retailers. All wholesalers, distributors and retailers of products or containers to which this subpart applies are required to pass through the labeling information that accompanies the product, except those purchasing from other manufacturers or suppliers spare parts manufactured with controlled substances and selling those parts for the demonstrable sole purpose of repair. (b) Reliance on reasonable belief. The wholesaler, distributor or retailer of a product may rely on the labeling information that it receives with the product or container, and is not required to independently investigate whether the requirements of this subpart are applicable to the product or container, as long as the wholesaler, distributor or retailer reasonably believes that the supplier of the product or container is reliably and accurately complying with the requirements of this subpart. (c) Contractual obligations. A wholesaler, distributor or retailer's contractual relationship with its supplier under which the supplier is required to accurately label, consistent with the requirements of this subpart, any products manufactured with a controlled substance that are supplied to the wholesaler, distributor or retailer is evidence of reasonable belief. | ||||
| 40:40:21.0.1.1.1.5.1.11 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | E | Subpart E—The Labeling of Products Using Ozone-Depleting Substances | § 82.120 Petitions. | EPA | (a) Requirements for procedure and timing. Persons seeking to apply the requirements of this regulation to a product containing a class II substance or a product manufactured with a class I or a class II substance which is not otherwise subject to the requirements, or to temporarily exempt a product manufactured with a class I substance, based on a showing of a lack of currently or potentially available alternatives, from the requirements of this regulation may submit petitions to: Labeling Program Manager, Stratospheric Protection Division, Office of Atmospheric Programs, U.S. Environmental Protection Agency, 6202-J, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Such persons must label their products while such petitions are under review by the Agency. (b) Requirement for adequate data. Any petition submitted under paragraph (a) of this section shall be accompanied by adequate data, as defined in § 82.120(c). If adequate data are not included by the petitioner, the Agency may return the petition and request specific additional information. (c) Adequate data. A petition shall be considered by the Agency to be supported by adequate data if it includes all of the following: (1) A part clearly labeled “Section I.A.” which contains the petitioner's full name, company or organization name, address and telephone number, the product that is the subject of the petition, and, in the case of a petition to temporarily exempt a product manufactured with a class I substance from the labeling requirement, the manufacturer or manufacturers of that product. (2) For petitions to temporarily exempt a product manufactured with a class I substance only, a part clearly labeled “Section I.A.T.” which states the length of time for which an exemption is requested. (3) A part clearly labeled “Section I.B.” which includes the following statement, signed by the petitioner or an authorized representative: “I certify under penalty of law that I have personally examined and am familiar with the information submitted in this p… | ||||
| 40:40:21.0.1.1.1.5.1.12 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | E | Subpart E—The Labeling of Products Using Ozone-Depleting Substances | § 82.122 Certification, recordkeeping, and notice requirements. | EPA | [60 FR 4020, Jan. 19, 1995, as amended at 79 FR 64289, Oct. 28, 2014] | (a) Certification. (1) Persons claiming the exemption provided in § 82.106(b)(4) must submit a written certification to the following address: Labeling Program Manager, Stratospheric Protection Division, Office of Atmospheric Programs, 6205-T, 1200 Pennsylvania Ave. NW., Washington DC 20460. (2) The certification must contain the following information: (i) The exact location of documents verifying calendar year 1990 usage and the 95% reduced usage during a twelve month period; (ii) A description of the records maintained at that location; (iii) A description of the type of system used to track usage; (iv) An indication of which 12 month period reflects the 95% reduced usage, and; (v) Name, address, and telephone number of a contact person. (3) Persons who submit certifications postmarked on or before May 15, 1993, need not place warning labels on their products manufactured using CFC-113 or methyl chloroform as a solvent. Persons who submit certifications postmarked after May 15, 1993, must label their products manufactured using CFC-113 or methyl chloroform as a solvent for 14 days following such submittal of the certification. (4) Persons certifying must also include a statement that indicates their future annual use will at no time exceed 5% of their 1990 usage. (5) Certifications must be signed by the owner or a responsible corporate officer. (6) If the Administrator determines that a person's certification is incomplete or that information supporting the exemption is inadequate, then products manufactured using CFC-113 or methyl chloroform as a solvent by such person must be labeled pursuant to § 82.106(a). (b) Recordkeeping. Persons claiming the exemption under section 82.106(b)(2) must retain supporting documentation at one of their facilities. (c) Notice Requirements. Persons who claim an exemption under § 82.106(b)(2) must submit a notice to the address in paragraph (a)(1) of this section within 30 days of the end of any 12 month period in which their usage of CFC-113 or methyl chlorofo… | |||
| 40:40:21.0.1.1.1.5.1.13 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | E | Subpart E—The Labeling of Products Using Ozone-Depleting Substances | § 82.124 Prohibitions. | EPA | (a) Warning statement —(1) Absence or presence of warning statement. (i) Applicable May 15, 1993, except as indicated in paragraph (a)(5) of this section, no container or product identified in § 82.102(a) may be introduced into interstate commerce unless it bears a warning statement that complies with the requirements of § 82.106(a) of this subpart, unless such labeling is not required under § 82.102(c), § 82.106(b), § 82.112 (c) or (d), § 82.116(a), § 82.118(a), or temporarily exempted pursuant to § 82.120. (ii) On January 1, 2015, or any time between May 15, 1993 and January 1, 2015 that the Administrator determines for a particular product manufactured with or containing a class II substance that there are substitute products or manufacturing processes for such product that do not rely on the use of a class I or class II substance, that reduce the overall risk to human health and the environment, and that are currently or potentially available, no product identified in § 82.102(b) may be introduced into interstate commerce unless it bears a warning statement that complies with the requirements of § 82.106, unless such labeling is not required under § 82.106(b), § 82.112 (c) or (d), § 82.116(a) or § 82.118(a). (2) Placement of warning statement. (i) On May 15, 1993, except as indicated in paragraph (a)(5) of this section, no container or product identified in § 82.102(a) may be introduced into interstate commerce unless it bears a warning statement that complies with the requirements of § 82.108 of this subpart, unless such labeling is not required under § 82.102(c), § 82.106(b), § 82.112 (c) or (d), § 82.116(a), § 82.118(a), or temporarily exempted pursuant to § 82.120. (ii) On January 1, 2015, or any time between May 15, 1993 and January 1, 2015 that the Administrator determines for a particular product manufactured with or containing a class II substance that there are substitute products or manufacturing processes for such product that do not rely on the use of a class I or class II substance, that … | ||||
| 40:40:21.0.1.1.1.5.1.2 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | E | Subpart E—The Labeling of Products Using Ozone-Depleting Substances | § 82.102 Applicability. | EPA | (a) In the case of substances designated as class I or class II substances as of February 11, 1993, the applicable date of the requirements in this paragraph (a) is May 15, 1993. In the case of any substance designated as a class I or class II substance after February 11, 1993, the applicable date of the requirements in this paragraph (a) is one year after the designation of such substance as a class I or class II substance unless otherwise specified in the designation. On the applicable date indicated in this paragraph (a), the requirements of this subpart shall apply to the following containers and products except as exempted under paragraph (c) of this section: (1) All containers in which a class I or class II substance is stored or transported. (2) All products containing a class I substance. (3) All products directly manufactured with a process that uses a class I substance, unless otherwise exempted by this subpart or, unless the Administrator determines for a particular product that there are no substitute products or manufacturing processes for such product that do not rely on the use of a class I substance, that reduce overall risk to human health and the environment, and that are currently or potentially available. If the Administrator makes such a determination for a particular product, then the requirements of this subpart are effective for such product no later than January 1, 2015. (b) Applicable January 1, 2015 in any case, or one year after any determination between May 15, 1993 and January 1, 2015, by the Administrator for a particular product that there are substitute products or manufacturing processes for such product that do not rely on the use of a class I or class II substance, that reduce the overall risk to human health and the environment, and that are currently or potentially available, the requirements of this subpart shall apply to the following: (1) All products containing a class II substance. (2) All products manufactured with a process that uses a class II substance. (c) Th… | ||||
| 40:40:21.0.1.1.1.5.1.3 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | E | Subpart E—The Labeling of Products Using Ozone-Depleting Substances | § 82.104 Definitions. | EPA | [60 FR 4020, Jan. 19, 1995, as amended at 81 FR 6768, Feb. 9, 2016; 85 FR 15300, Mar. 17, 2020] | (a) Class I substance means any substance designated as class I in 40 CFR part 82, appendix A to subpart A, including chlorofluorocarbons, halons, carbon tetrachloride and methyl chloroform and any other substance so designated by the Agency at a later date. (b) Class II substance means any substance designated as class II in 40 CFR part 82, appendix A to subpart A, including hydrochlorofluorocarbons and any other substance so designated by the Agency at a later date. (c) Completely destroy means to cause the destruction of a controlled substance by one of the destruction processes approved by the Parties and listed in § 82.3 at a demonstrable destruction efficiency of 98 percent or more or a greater destruction efficiency if required under other applicable Federal regulations. (d) Consumer means a commercial or non-commercial purchaser of a product or container that has been introduced into interstate commerce. (e) Container means the immediate vessel in which a controlled substance is stored or transported. (f) Container containing means a container that physically holds a controlled substance within its structure that is intended to be transferred to another container, vessel or piece of equipment in order to realize its intended use. (g) Controlled substance means a class I or class II ozone-depleting substance. (h) Destruction means the expiration of a controlled substance to the destruction efficiency actually achieved, unless considered completely destroyed as defined in this section. Such destruction might result in a commercially useful end product but such usefulness would be secondary to the act of destruction. Destruction must be achieved using one of the controlled processes approved by the Parties and listed in the definition of destruction in § 82.3. (i) Distributor means a person to whom a product is delivered or sold for purposes of subsequent resale, delivery or export. (j) Export means the transport of virgin, used, or recycled class I or class II substances or pr… | |||
| 40:40:21.0.1.1.1.5.1.4 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | E | Subpart E—The Labeling of Products Using Ozone-Depleting Substances | § 82.106 Warning statement requirements. | EPA | [60 FR 4020, Jan. 19, 1995, as amended at 85 FR 15300, Mar. 17, 2020] | (a) Required warning statements. (1) Unless otherwise exempted by this subpart, each container or product identified in § 82.102(a) or (b) shall bear the following warning statement, meeting the requirements of this subpart for placement and form: WARNING: Contains [or Manufactured with, if applicable] [ insert name of substance ], a substance which harms public health and environment by destroying ozone in the upper atmosphere. (2) Each container of fire suppression agent containing HCFC-123 produced or imported on or after January 1, 2020 shall bear the following warning statement, meeting the requirements of this subpart for placement and form: WARNING: Contains [insert name of substance], a substance which harms public health and environment by destroying ozone in the upper atmosphere. Use Only for Recharge of Equipment Manufactured before January 1, 2020. (3) Each container of fire suppression agent containing reclaimed HCFC-123 or HCFC-123 that was imported prior to January 1, 2020, shall bear the following warning statement, meeting the requirements of this subpart for placement and form: WARNING: Contains [insert name of substance], a substance which harms public health and environment by destroying ozone in the upper atmosphere. For use in any equipment. (b) Exemptions from warning label requirement. The following products need not bear a warning label: (1) Products containing trace quantities of a controlled substance remaining as a residue or impurity due to a chemical reaction, and where the controlled substance serves no useful purpose in or for the product itself. However, if such product was manufactured using the controlled substance, the product is required to be labeled as a “product manufactured with” the controlled substance, unless otherwise exempted; (2) Containers containing a controlled substance in which trace quantities of that controlled substance remain as a residue or impurity; (3) Waste containing controlled substances or blends of controlled substances bound for discard… | |||
| 40:40:21.0.1.1.1.5.1.5 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | E | Subpart E—The Labeling of Products Using Ozone-Depleting Substances | § 82.108 Placement of warning statement. | EPA | The warning statement shall be placed so as to satisfy the requirement of the Act that the warning statement be “clearly legible and conspicuous.” The warning statement is clearly legible and conspicuous if it appears with such prominence and conspicuousness as to render it likely to be read and understood by consumers under normal conditions of purchase. Such placement includes, but is not limited to, the following: (a) Display panel placement. For any affected product or container that has a display panel that is normally viewed by the purchaser at the time of the purchase, the warning statement described in § 82.106 may appear on any such display panel of the affected product or container such that it is “clearly legible and conspicuous” at the time of the purchase. If the warning statement appears on the principal display panel or outer packaging of any such affected product or container, the warning statement shall qualify as “clearly legible and conspicuous,” as long as the label also fulfills all other requirements of this subpart and is not obscured by any outer packaging, as required by paragraph (b) of this section. The warning statement need not appear on such display panel if either: (1) The warning statement appears on the outer packaging of the product or container, consistent with paragraph (b) of this section, and is clearly legible and conspicuous; or (2) The warning statement is placed in a manner consistent with paragraph (c) of this section. (b) Outer packaging. If the product or container is normally packaged, wrapped, or otherwise covered when viewed by the purchaser at the time of the purchase the warning statement described in § 82.106 shall appear on any outer packaging, wrapping or other covering used in the retail display of the product or container, such that the warning statement is clearly legible and conspicuous at the time of the purchase. If the outer packaging has a display panel that is normally viewed by the purchaser at the time of the purchase, the warning statement s… | ||||
| 40:40:21.0.1.1.1.5.1.6 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | E | Subpart E—The Labeling of Products Using Ozone-Depleting Substances | § 82.110 Form of label bearing warning statement. | EPA | [60 FR 4020, Jan. 19, 1995, as amended at 79 FR 64289, Oct. 28, 2014] | (a) Conspicuousness and contrast. The warning statement shall appear in conspicuous and legible type by typography, layout, and color with other printed matter on the label. The warning statement shall appear in sharp contrast to any background upon which it appears. Examples of combinations of colors which may not satisfy the proposed requirement for sharp contrast are: black letters on a dark blue or dark green background, dark red letters on a light red background, light red letters on a reflective silver background, and white letters on a light gray or tan background. (b) Name of substance. The name of the class I or class II substance to be inserted into the warning statement shall be the standard chemical name of the substance as listed in 40 CFR part 82, appendix A to subpart A, except that: (1) The acronym “CFC” may be substituted for “chlorofluorocarbon.” (2) The acronym “HCFC” may be substituted for “hydrochlorofluorocarbon.” (3) The term “1,1,1-trichloroethane” may be substituted for “methyl chloroform.” (c) Combined statement for multiple controlled substances. If a container containing or a product contains or is manufactured with, more than one class I or class II substance, the warning statement may include the names of all of the substances in a single warning statement, provided that the combined statement clearly distinguishes which substances the container or product contains and which were used in the manufacturing process. (d) Format. (1) The warning statement shall be blocked within a square or rectangular area, with or without a border. (2) The warning statement shall appear in lines that are parallel to the surrounding text on the product's PDP, display panel, supplemental printed material or promotional printed material. (e) Type style. The ratio of the height of a capital letter to its width shall be such that the height of the letter is no more than 3 times its width; the signal word “WARNING” shall appear in all capital letters. (f) Type size. The warning statement … | |||
| 40:40:21.0.1.1.1.5.1.7 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | E | Subpart E—The Labeling of Products Using Ozone-Depleting Substances | § 82.112 Removal of label bearing warning statement. | EPA | [60 FR 4020, Jan. 19, 1995, as amended at 79 FR 64289, Oct. 28, 2014] | (a) Prohibition on removal. Except as described in paragraph (b) or (c) of this section, any warning statement that accompanies a product or container introduced into interstate commerce, as required by this subpart, must remain with the product or container and any product incorporating such product or container, up to and including the point of sale to the ultimate consumer. (b) Incorporation of warning statement by subsequent manufacturers. A manufacturer of a product that incorporates a product that is accompanied by a label bearing the warning statement may remove such label from the incorporated product if the information on such label is incorporated into a warning statement accompanying the manufacturer's product, or if, pursuant to paragraph (c) of this section, the manufacturer of the product is not required to pass through the information contained on or incorporated in the product's label. (c) Manufacturers that incorporate products manufactured with controlled substances. A manufacturer that incorporates into its own product a component product that was purchased from another manufacturer, was manufactured with a process that uses a controlled substance(s), but does not contain such substance(s), may remove such label from the incorporated product and need not apply a warning statement to its own product, if the manufacturer does not use a controlled substance in its own manufacturing process. A manufacturer that uses controlled substances in its own manufacturing process, and is otherwise subject to the regulations of this subpart, must label pursuant to § 82.106, but need not include information regrading the incorporated product on the required label. (d) Manufacturers, distributors, wholesalers, retailers that sell spare parts manufactured with controlled substances solely for repair. Manufacturers, distributors, wholesalers, and retailers that purchase spare parts manufactured with a class I or class II substance from another manufacturer or supplier, and sell such spare parts for the… | |||
| 40:40:21.0.1.1.1.5.1.8 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | E | Subpart E—The Labeling of Products Using Ozone-Depleting Substances | § 82.114 Compliance by manufacturers and importers with requirements for labeling of containers of controlled substances, or products containing controlled substances. | EPA | (a) Compliance by manufacturers and importers with requirements for labeling of containers of controlled substances, or products containing controlled substances. Each manufacturer of a product incorporating another product or container containing a controlled substance, to which § 82.102 (a)(1), or, (a)(2) or (b)(1) applies, that is purchased or obtained from another manufacturer or supplier, is required to pass through and incorporate the labeling information that accompanies such incorporated product in a warning statement accompanying the manufacturer's finished product. Each importer of a product, or container containing a controlled substance, to which § 82.102 (a)(1), (a)(2), or (b)(1) applies, including a component product or container incorporated into the product, that is purchased from a foreign manufacturer or supplier, is required to apply a label, or to ensure that a label has been properly applied, at the site of U.S. Customs clearance. (b) Reliance on reasonable belief. The manufacturer or importer of a product that incorporates another product container from another manufacturer or supplier may rely on the labeling information (or lack thereof) that it receives with the product, and is not required to independently investigate whether the requirements of this subpart are applicable to such purchased product or container, as long as the manufacturer reasonably believes that the supplier or foreign manufacturer is reliably and accurately complying with the requirements of this subpart. (c) Contractual obligations. A manufacturer's or importer's contractual relationship with its supplier under which the supplier is required to accurately label, consistent with the requirements of this subpart, any products containing a controlled substance or containers of a controlled substance that are supplied to the manufacturer or importer, is evidence of reasonable belief. | ||||
| 40:40:21.0.1.1.1.5.1.9 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | E | Subpart E—The Labeling of Products Using Ozone-Depleting Substances | § 82.116 Compliance by manufacturers or importers incorporating products manufactured with controlled substances. | EPA | (a) Compliance by manufacturers or importers incorporating products manufactured with controlled substances, or importing products manufactured with controlled substances. Each manufacturer or importer of a product incorporating another product to which § 82.102 (a)(3) or (b)(2) applies, that is purchased from another manufacturer or supplier, is not required to pass through and incorporate the labeling information that accompanies such incorporated product in a warning statement accompanying the manufacturer's or importer's finished product. Importers of products to which § 82.102 (a)(3) or (b)(2) applies are required to apply a label, or to ensure that a label has been properly applied at the site of U.S. Customs clearance. (b) Reliance on reasonable belief. The importer of a product purchased or obtained from a foreign manufacturer or supplier, which product may have been manufactured with a controlled substance, may rely on the information that it receives with the purchased product, and is not required to independently investigate whether the requirements of this subpart are applicable to the purchased or obtained product, as long as the importer reasonably believes that there was no use of controlled substances by the final manufacturer of the product being imported. (c) Contractual obligations. An importer's contractual relationship with its supplier under which the supplier is required to accurately label, consistent with the requirements of this subpart, any products manufactured with a controlled substance that are supplied to the importer, or to certify to the importer whether a product was or was not manufactured with a controlled substance is evidence of reasonable belief. | ||||
| 40:40:21.0.1.1.1.6.1.1 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | F | Subpart F—Recycling and Emissions Reduction | § 82.150 Purpose and scope. | EPA | [81 FR 82349, Nov. 11, 2016] | (a) The purpose of this subpart is to reduce emissions of class I and class II refrigerants and their non-exempt substitutes to the lowest achievable level by maximizing the recapture and recycling of such refrigerants during the maintenance, service, repair, and disposal of appliances and restricting the sale of refrigerants consisting in whole or in part of a class I or class II ozone-depleting substance or their non-exempt substitutes in accordance with Title VI of the Clean Air Act. (b) This subpart applies to any person maintaining, servicing, or repairing appliances containing class I, class II or non-exempt substitute refrigerants. This subpart also applies to persons disposing of such appliances (including small appliances and motor vehicle air conditioners), refrigerant reclaimers, technician certifying programs, appliance owners and operators, manufacturers of appliances, manufacturers of recovery and/or recycling equipment, approved recovery and/or recycling equipment testing organizations, and persons buying, selling, or offering to sell class I, class II, or non-exempt substitute refrigerants. | |||
| 40:40:21.0.1.1.1.6.1.10 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | F | Subpart F—Recycling and Emissions Reduction | § 82.162 [Reserved] | EPA | |||||
| 40:40:21.0.1.1.1.6.1.11 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | F | Subpart F—Recycling and Emissions Reduction | § 82.164 Reclaimer certification. | EPA | [81 FR 82364, Nov. 18, 2016] | (a) All persons reclaiming used class I or II refrigerant or non-exempt substitute refrigerant for sale to a new owner must meet the following requirements: (1) Reclaim such refrigerant to all the specifications in appendix A of this subpart (based on AHRI Standard 700-2016, Specifications for Refrigerants ) that are applicable to that refrigerant; (2) Verify that each batch of such refrigerant reclaimed meets these specifications using the analytical methodology prescribed in appendix A of this subpart, which includes the primary methodologies included in appendix A of AHRI Standard 700-2016; (3) Release no more than 1.5 percent of the refrigerant during the reclamation process; (4) Dispose of wastes from the reclamation process in accordance with all applicable laws and regulations; and (5) Maintain records and submit reports in accordance with paragraph (d) of this section. (b) The owner or a responsible officer reclaiming used refrigerant for sale to a new owner, except for persons who properly certified under this section before May 11, 2004, must certify to the Administrator at the address in § 82.160(a) that they will meet the requirements in paragraph (a) of this section. The certification must include the name and address of the reclaimer and a list of equipment used to reclaim the refrigerant to the required standard, and to analyze the refrigerant to ensure it meets these specifications. (c) Certificates are not transferable. In the event of a change in ownership of an entity which reclaims refrigerant, the new owner of the entity must certify with the Administrator within 30 days of the change that they will meet the reclaimer certification requirements. In the event of a change in business management, location, or contact information, the owner of the entity must notify EPA within 30 days of the change at the address in § 82.160(a). (d) Recordkeeping and reporting. (1) Reclaimers must maintain records, by batch, of the results of the analysis conducted to verify that reclaimed refrigerant … | |||
| 40:40:21.0.1.1.1.6.1.12 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | F | Subpart F—Recycling and Emissions Reduction | § 82.166 Reporting and recordkeeping requirements for leak repair. | EPA | [58 FR 28712, May 14, 1993, as amended at 59 FR 42957, Aug. 19, 1994; 60 FR 40443, Aug. 8, 1995; 69 FR 11981, Mar. 12, 2004; 70 FR 1992, Jan. 11, 2005; 79 FR 64290, Oct. 28, 2014; 81 FR 82364, Nov. 18, 2016] | This section contains leak repair reporting and recordkeeping requirements that apply to owners and operators of appliances containing 50 or more pounds of class I or class II refrigerants until January 1, 2019. Starting January 1, 2019, the recordkeeping and reporting requirements in the leak repair provisions in § 82.157(l) and (m) apply to owners and operators of appliances containing 50 or more pounds of class I or class II refrigerants or non-exempt substitutes. (a)-(i) [Reserved] (j) Persons servicing appliances normally containing 50 or more pounds of refrigerant must provide the owner/operator of such appliances with an invoice or other documentation, which indicates the amount of refrigerant added to the appliance. (k) Owners/operators of appliances normally containing 50 or more pounds of refrigerant must keep servicing records documenting the date and type of service, as well as the quantity of refrigerant added. The owner/operator must keep records of refrigerant purchased and added to such appliances in cases where owners add their own refrigerant. Such records should indicate the date(s) when refrigerant is added. (l) [Reserved] (m) All records required to be maintained pursuant to this section must be kept for a minimum of three years unless otherwise indicated. (n) The owners or operators of appliances must maintain on-site and report to EPA Headquarters at the address listed in § 82.160 the information specified in paragraphs (n)(1), (n)(2), and (n)(3) of this section, within the timelines specified under § 82.156 (i)(1), (i)(2), (i)(3) and (i)(5) where such reporting or recordkeeping is required. This information must be relevant to the affected appliance. (1) An initial report to EPA under § 82.156(i)(1)(i), (i)(2), or (i)(5)(i) regarding why more than 30 days are needed to complete repairs must include: Identification of the facility; the leak rate; the method used to determine the leak rate and full charge; the date a leak rate above the applicable leak rate was discovered; the locatio… | |||
| 40:40:21.0.1.1.1.6.1.13 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | F | Subpart F—Recycling and Emissions Reduction | § 82.168 Incorporation by Reference. | EPA | [81 FR 82364, Nov. 18, 2016] | (a) Certain material is incorporated by reference into this subpart part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. You can obtain the material from the sources listed below. You may inspect a copy of the approved material at U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC, or 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 . (b) Air-Conditioning, Heating, and Refrigeration Institute (AHRI), 2111 Wilson Boulevard, Suite 500, Arlington, VA 22201, www.ahrinet.org . (1) AHRI Standard 110-2016, 2016 Standard for Air-Conditioning, Heating and Refrigerating Equipment Nameplate Voltages , copyright 2016, into Appendix B3 to subpart F. (2) 2008 Appendix C to AHRI Standard 700-2014, 2008 Appendix C for Analytical Procedures for AHRI Standard 700-2014 — Normative , copyright 2008, into Appendix A to subpart F. (3) 2008 Appendix D to AHRI Standard 700-2014, 2012 Appendix D for Gas Chromatograms for AHRI Standard 700-2014—Informative , copyright 2012, into Appendix A to subpart F. (c) American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., (ASHRAE), 1791 Tullie Circle NE., Atlanta, GA 30329, U.S.A. (1) ANSI/ASHRAE Standard 63.2-1996 (RA 2010), Method of Testing Liquid-Line Filter Drier Filtration Capability, Reaffirmed June 26, 2010, into Appendix B3 to subpart F. (d) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, www.astm.org . (1) ASTM D1296-01 (Reapproved 2012), Standard Test Method for Odor of Volatile Solvents and Diluents , approved July 1, 2012, into Appendix A to subpart F. (2) [Reserved] (e) Gas Processors Association, 6526 East 60th Street, Tulsa, Oklahoma 74145. (1) GPA Standard STD-2177-13, Analysis of Natural Gas Liquid… | |||
| 40:40:21.0.1.1.1.6.1.14 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | F | Subpart F—Recycling and Emissions Reduction | § 82.169 Suspension and revocation procedures. | EPA | [68 FR 43809, July 24, 2003] | (a) Failure to abide by any of the provisions of this subpart may result in the revocation or suspension of the approval to certify technicians (under § 82.161), approval to act as a recovery/recycling equipment testing organization (under § 82.160), or reclaimer certification (under § 82.164), hereafter referred to as the “organization.” In such cases, the Administrator or her or his designated representative shall give notice of an impending suspension to the person or organization setting forth the facts or conduct that provide the basis for the revocation or suspension. (b) Any organization that has received notice of an impending suspension or revocation may choose to request a hearing and must file that request in writing within 30 days of the date of the Agency's notice at the address listed in § 82.160 and shall set forth their objections to the revocation or suspension and data to support the objections. (c) If the Agency does not receive a written request for a hearing within 30 days of the date of the Agency's notice, the revocation will become effective upon the date specified in the notice of an impending suspension. (d) If after review of the request and supporting data, the Administrator or her or his designated representative finds that the request raises a substantial factual issue, she or he shall provide the organization with a hearing. (e) After granting a request for a hearing the Administrator or her or his designated representative shall designate a Presiding Officer for the hearing. (f) The hearing shall be held as soon as practicable at a time and place determined by the Administrator, the designated representative, or the Presiding Officer. (g) The Administrator or her or his designated representative may, at his or her discretion, direct that all argument and presentation of evidence be concluded within a specified period established by the Administrator or her or his designated representative. Said period may be no less than 30 days from the date that the first written offer of a… | |||
| 40:40:21.0.1.1.1.6.1.2 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | F | Subpart F—Recycling and Emissions Reduction | § 82.152 Definitions. | EPA | [58 FR 28712, May 14, 1993, as amended at 59 FR 42956, Aug. 19, 1994; 59 FR 55925, Nov. 9, 1994; 60 FR 40439, Aug. 8, 1995; 68 FR 43806, July 24, 2003; 69 FR 11978, Mar. 12, 2004; 70 FR 1991, Jan. 11, 2005; 70 FR 19278, Apr. 13, 2005; 81 FR 82349, Nov. 18, 2016] | Appliance means any device which contains and uses a class I or class II substance or substitute as a refrigerant and which is used for household or commercial purposes, including any air conditioner, motor vehicle air conditioner, refrigerator, chiller, or freezer. For a system with multiple circuits, each independent circuit is considered a separate appliance. Apprentice means any person who is currently registered as an apprentice in maintenance, service, repair, or disposal of appliances with the U.S. Department of Labor's Office of Apprenticeship (or a State Apprenticeship Council recognized by the Office of Apprenticeship). A person may only be an apprentice for two years from the date of first registering with that office. Approved equipment testing organization means any organization which has applied for and received approval from the Administrator pursuant to § 82.160. Batch means a single bulk cylinder of refrigerant after all reclamation has been completed prior to packaging or shipping to the market. Class I refers to an ozone-depleting substance that is listed in 40 CFR part 82 subpart A, appendix A. Class II refers to an ozone-depleting substance that is listed in 40 CFR part 82 subpart A, appendix B. Certified refrigerant recovery or recycling equipment means equipment manufactured before November 15, 1993, that meets the standards in § 82.158(c), (e), or (g); equipment certified by an approved equipment testing organization to meet the standards in § 82.158(b), (d), or (f); or equipment certified pursuant to § 82.36(a). Comfort cooling means the air-conditioning appliances used 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, and packaged roof-top units. Commercial refrigeration means the refrigeration appliances used in the retail food and cold storage warehouse sectors. Retail … | |||
| 40:40:21.0.1.1.1.6.1.3 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | F | Subpart F—Recycling and Emissions Reduction | § 82.154 Prohibitions. | EPA | [81 FR 82352, Nov. 18, 2016, as amended at 81 FR 86881, Dec. 1, 2016; 82 FR 61184, Dec. 27, 2017; 85 FR 14171, Apr. 10, 2020; 89 FR 50463, June 13, 2024] | (a) Venting prohibition. (1) No person maintaining, servicing, repairing, or disposing of an appliance or industrial process refrigeration may knowingly vent or otherwise release into the environment any refrigerant from such appliances. Notwithstanding any other provision of this subpart, the following substitutes in the following end-uses are exempt from this prohibition and from the requirements of this subpart: (i) Carbon dioxide in any application; (ii) Nitrogen in any application; (iii) Water in any application; (iv) Ammonia in commercial or industrial process refrigeration or in absorption units; (v) Chlorine in industrial process refrigeration (processing of chlorine and chlorine compounds); (vi) Hydrocarbons in industrial process refrigeration (processing of hydrocarbons); (vii) Ethane (R-170) in very low temperature refrigeration equipment and equipment for non-mechanical heat transfer; (viii) Propane (R-290) in retail food refrigerators and freezers—stand-alone units; household refrigerators, freezers, and combination refrigerators and freezers; self-contained room air conditioners for residential and light commercial air-conditioning and heat pumps; vending machines; self-contained commercial ice machines, very low temperature refrigeration equipment, and water coolers; and effective July 15, 2024, retail food refrigeration—refrigerated food processing and dispensing equipment; (ix) Isobutane (R-600a) in retail food refrigerators and freezers (stand-alone units only); household refrigerators, freezers, and combination refrigerators and freezers; and vending machines; (x) R-441A in retail food refrigerators and freezers (stand-alone units only); household refrigerators, freezers, and combination refrigerators and freezers; self-contained room air conditioners for residential and light commercial air-conditioning; heat pumps; and vending machines. (2) De minimis releases associated with good faith attempts to recycle or recover refrigerants are not subject to this prohibition. Except for … | |||
| 40:40:21.0.1.1.1.6.1.4 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | F | Subpart F—Recycling and Emissions Reduction | § 82.155 Safe disposal of appliances. | EPA | [81 FR 82353, Nov. 18, 2016] | Until January 1, 2018, this section applies only to disposal of appliances containing class I and class II refrigerants. Starting on January 1, 2018, this section applies to disposal of appliances containing any class I or class II refrigerant or any non-exempt substitute refrigerant. (a) Persons recovering refrigerant from a small appliance, MVAC, or MVAC-like appliance for purposes of disposal of these appliances must evacuate refrigerant to the levels in § 82.156(b) through (d) using recovery equipment that meets the standards in § 82.158(e) through (g), or 40 CFR part 82 subpart B, as applicable. (b) The final processor— i.e., persons who take the final step in the disposal process (including but not limited to scrap recyclers and landfill operators) of a small appliance, MVAC, or MVAC-like appliance—must either: (1) Recover any remaining refrigerant from the appliance in accordance with paragraph (a) of this section; or (2) Verify using a signed statement or a contract that all refrigerant that had not leaked previously has been recovered from the appliance or shipment of appliances in accordance with paragraph (a) of this section. If using a signed statement, it must include the name and address of the person who recovered the refrigerant and the date the refrigerant was recovered. If using a signed contract between the supplier and the final processor, it must either state that the supplier will recover any remaining refrigerant from the appliance or shipment of appliances in accordance with paragraph (a) of this section prior to delivery or verify that the refrigerant had been properly recovered prior to receipt by the supplier. (i) It is a violation of this subpart to accept a signed statement or contract if the person receiving the statement or contract knew or had reason to know that the signed statement or contract is false. (ii) The final processor must notify suppliers of appliances that refrigerant must be properly recovered in accordance with paragraph (a) of this section before delivery of… | |||
| 40:40:21.0.1.1.1.6.1.5 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | F | Subpart F—Recycling and Emissions Reduction | § 82.156 Proper evacuation of refrigerant from appliances. | EPA | [58 FR 28712, May 14, 1993, as amended at 59 FR 42956, 42962, Aug. 19, 1994; 59 FR 55926, Nov. 9, 1994; 60 FR 40440, Aug. 8, 1995; 68 FR 43807, July 24, 2003; 69 FR 11979, Mar. 12, 2004; 70 FR 1991, Jan. 11, 2005; 79 FR 29690, May 23, 2014; 8a FR 82354, Nov. 18, 2016] | Until January 1, 2018, this section applies only to evacuation of refrigerant from appliances containing class I or class II refrigerants. Starting on January 1, 2018, this section applies to evacuation of refrigerant from appliances containing any class I or class II refrigerant or any non-exempt substitute refrigerant, excluding paragraph (i) of this section which applies only to appliances containing class I or class II refrigerants until January 1, 2019. Starting January 1, 2019, the provisions in § 82.157 apply in lieu of paragraph (i) of this section. (a) Appliances (except small appliances, MVACs, and MVAC-like appliances). Before opening appliances (except small appliances, MVACs, and MVAC-like appliances) or disposing of such appliances, technicians must evacuate the refrigerant, including all the liquid refrigerant, to the levels in Table 1 using a recovery and/or recycling machine certified pursuant to § 82.158 unless the situations in paragraphs (a)(1) or (2) of this section apply. Technicians may evacuate either the entire appliance or the part to be serviced, if the refrigerant in the part can be isolated to a system receiver. A technician must verify that the applicable level of evacuation has been reached in the appliance or the part before it is opened. (1) If evacuation of the appliance to the atmosphere is not to be performed after completion of the maintenance, service, or repair, and if the maintenance, service, or repair is not major as defined at § 82.152, the appliance must: (i) Be evacuated to a pressure no higher than 0 psig before it is opened if it is a medium-, high- or very high-pressure appliance; (ii) Be pressurized to a pressure no higher than 0 psig before it is opened if it is a low-pressure appliance. Persons must cover openings when isolation is not possible. Persons pressurizing low-pressure appliances that use refrigerants with boiling points at or below 85 degrees Fahrenheit at 29.9 inches of mercury (standard atmospheric pressure), must not use methods such as nitrog… | |||
| 40:40:21.0.1.1.1.6.1.6 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | F | Subpart F—Recycling and Emissions Reduction | § 82.157 Appliance maintenance and leak repair. | EPA | [81 FR 82356, Nov. 18, 2016, as amended at 85 FR 14171, Apr. 10, 2020] | (a) Applicability. This section applies as of January 1, 2019. As of April 10, 2020, this section applies only to appliances with a full charge of 50 or more pounds of any class I or class II refrigerant or blend containing a class I or class II refrigerant. Notwithstanding the use of the term refrigerant in this section, the requirements of this section do not apply to appliances containing solely substitute refrigerants. Unless otherwise specified, the requirements of this section apply to the owner or operator of the appliance. (b) Leak rate calculation. Persons adding or removing refrigerant from an appliance must, upon conclusion of that service, 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 appliance, or qualifies as a seasonal variance. (c) Requirement to address leaks through appliance repair, or retrofitting or retiring an appliance. (1) Owners or operators must repair 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 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. (2) Leak Rates: (i) 20 percent leak rate for commercial refrigeration equipment; (ii) 30 percent leak rate for industrial process refrigeration equipment; and (iii) 10 percent leak rate for comfort cooling appliances or other appliances with a full charge of 50 or more pounds of refrigerant not covered by (c)(2)(i) or (ii) of this section. (d) Appliance repai… | |||
| 40:40:21.0.1.1.1.6.1.7 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | F | Subpart F—Recycling and Emissions Reduction | § 82.158 Standards for recovery and/or recycling equipment. | EPA | [81 FR 82360, Nov. 18, 2016] | Starting January 1, 2017, this section applies to recovery and/or recycling equipment for use during the maintenance, service, repair, or disposal of appliances containing any class I or class II refrigerant or any non-exempt substitute refrigerant. (a) No person may manufacture or import recovery and/or recycling equipment for use during the maintenance, service, repair, or disposal of appliances unless the equipment is certified in accordance with this section. (b) No person may alter the design of certified refrigerant recovery and/or recycling equipment in a way that would affect the equipment's ability to meet the certification standards in this section without resubmitting the altered design for certification testing. Until it is tested and shown to meet the certification standards in this section, equipment so altered will be considered uncertified. (c) Recovery and/or recycling equipment manufactured or imported before November 15, 1993, intended for use during the maintenance, service, repair, or disposal of appliances (except small appliances, MVACs, and MVAC-like appliances) will be considered certified if it is capable of achieving the level of evacuation specified in Table 2 of this section when tested using a properly calibrated pressure gauge. (d) Manufacturers and importers of recovery and/or recycling equipment must have such equipment certified by an approved equipment testing organization as follows: (1) Recovery and/or recycling equipment manufactured or imported on or after November 15, 1993, and before September 22, 2003, intended for use during the maintenance, service, repair, or disposal of appliances (except small appliances, MVACs, and MVAC-like appliances) must be certified by an approved equipment testing organization as being capable of achieving the level of evacuation specified in Table 2 of this section under the conditions of appendix B1 of this subpart (based upon the ARI Standard 740-1993, Performance of Refrigerant Recovery, Recycling and/or Reclaim Equipment ). (2) Rec… | |||
| 40:40:21.0.1.1.1.6.1.8 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | F | Subpart F—Recycling and Emissions Reduction | § 82.160 Approved equipment testing organizations. | EPA | [81 FR 82362, Nov. 18, 2016] | (a) Any equipment testing organization may apply for approval by the Administrator to certify equipment under the standards in § 82.158 and appendices B2, B3, B4, or C of this subpart. Applications must be sent to 608reports@epa.gov , or if containing confidential business information, mailed to: Section 608 Program Manager, Stratospheric Protection Division, Mail Code: 6205T, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460. (b) Applications for approval must include: (1) A list of equipment present at the organization that will be used for equipment testing. (2) Verification of the organization's expertise in equipment testing and the technical experience of the organization's personnel. (3) Verification of the organization's knowledge of the standards and recordkeeping and reporting requirements of this subpart. (4) A description of the organization's program for verifying the performance of certified recovery and/or recycling equipment manufactured over the long term, specifying whether retests of equipment or inspections of equipment at manufacturing facilities will be used. (5) Verification that the organization has no conflict of interest and receives no direct or indirect financial benefit from the outcome of certification testing. (6) Agreement to allow the Administrator access to records and personnel to verify the information contained in the application. (c) Organizations may not certify equipment before receiving approval from EPA. If approval is denied under this section, the Administrator must give written notice to the organization setting forth the basis for the determination. (d) If an approved testing organization conducts certification tests in a way not consistent with the representations made in its application or with the provisions of this subpart, the Administrator may revoke approval in accordance with § 82.169. In such cases, the Administrator must give notice to the organization setting forth the basis for the determination. (e) Recor… | |||
| 40:40:21.0.1.1.1.6.1.9 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | F | Subpart F—Recycling and Emissions Reduction | § 82.161 Technician certification. | EPA | [81 FR 82363, Nov. 18, 2016] | Until January 1, 2018, this section applies only to technicians and organizations certifying technicians that maintain, service, or repair appliances containing class I or class II refrigerants. Starting on January 1, 2018, this section applies to technicians and organizations certifying technicians that maintain, service, or repair appliances containing any class I or class II refrigerant or any non-exempt substitute refrigerant. (a) Certification requirements. (1) Any person who could be reasonably expected to violate the integrity of the refrigerant circuit during the maintenance, service, repair, or disposal of appliances (as follows in this paragraph) containing a class I or class II refrigerant or a non-exempt substitute refrigerant must pass a certification exam offered by an approved technician certification program. (i) Persons who maintain, service, or repair small appliances must be certified as Type I technicians. (ii) Persons who maintain, service, repair, or dispose of medium-, high-, or very high-pressure appliances (except small appliances, MVACs, and MVAC-like appliances) must be certified as Type II technicians. (iii) Persons who maintain, service, repair, or dispose of low-pressure appliances must be certified as Type III technicians. (iv) Persons who maintain, service, repair, or dispose of all appliances described in paragraph (a)(1)(i) through (iii) of this section must be certified as Universal technicians. (v) Technicians who maintain, service, or repair MVAC-like appliances must either be certified as Type II technicians or be certified in accordance with 40 CFR part 82, subpart B. (vi) Persons who maintain, service, or repair MVAC appliances for consideration must be certified in accordance with 40 CFR part 82, subpart B. (vii) Persons who dispose of small appliances, MVACs, and MVAC-like appliances are not required to be certified. (2) Apprentices are exempt from the requirement in paragraph (a)(1) of this section provided the apprentice is closely and continually supervised … | |||
| 40:40:21.0.1.1.1.7.1.1 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | G | Subpart G—Significant New Alternatives Policy Program | § 82.170 Purpose and scope. | EPA | (a) The purpose of these regulations in this subpart is to implement section 612 of the Clean Air Act, as amended, regarding the safe alternatives policy on the acceptability of substitutes for ozone-depleting compounds. This program will henceforth be referred to as the “Significant New Alternatives Policy” (SNAP) program. The objectives of this program are to identify substitutes for ozone-depleting compounds, to evaluate the acceptability of those substitutes, to promote the use of those substitutes believed to present lower overall risks to human health and the environment, relative to the class I and class II compounds being replaced, as well as to other substitutes for the same end-use, and to prohibit the use of those substitutes found, based on the same comparisons, to increase overall risks. (b) The regulations in this subpart describe persons and substitutes subject to reporting requirements under the SNAP program and explain preparation and submission of notices and petitions on substitutes. The regulations also establish Agency procedures for reviewing and processing EPA's determinations regarding notices and petitions on substitutes. Finally, the regulations prohibit the use of alternatives which EPA has determined may have adverse effects on human health or the environment where EPA has identified alternatives in particular industrial use sectors that on an overall basis, reduce risk to human health and the environment and are currently or potentially available. EPA will only prohibit substitutes where it has identified other substitutes for a specific application that are acceptable and are currently or potentially available. (c) Notifications, petitions and other materials requested shall be sent to: SNAP Document Control Officer, U.S. Environmental Protection Agency (6205-J), 1200 Pennsylvania Ave., NW., Washington, DC 20460. | ||||
| 40:40:21.0.1.1.1.7.1.2 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | G | Subpart G—Significant New Alternatives Policy Program | § 82.172 Definitions. | EPA | Act means the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. Agency means the U.S. Environmental Protection Agency. Application means a specific use within a major industrial sector end-use. Class I or class II means the specific ozone-depleting compounds described in section 602 of the Act. Decision means any final determination made by the Agency under section 612 of the Act on the acceptability or unacceptability of a substitute for a class I or II compound. EPA means the U.S. Environmental Protection Agency. End-use means processes or classes of specific applications within major industrial sectors where a substitute is used to replace an ozone-depleting substance. Formulator means any person engaged in the preparation or formulation of a substitute, after chemical manufacture of the substitute or its components, for distribution or use in commerce. Health and safety study or study means any study of any effect of a substitute or its components on health and safety, or the environment or both, including underlying data and epidemiological studies, studies of occupational, ambient, and consumer exposure to a substitute, toxicological, clinical, and ecological, or other studies of a substitute and its components, and any other pertinent test. Chemical identity is always part of a health and safety study. Information which arises as a result of a formal, disciplined study is included in the definition. Also included is information relating to the effects of a substitute or its components on health or the environment. Any available data that bear on the effects of a substitute or its components on health or the environment would be included. Examples include: (1) Long- and short-term tests of mutagenicity, carcinogenicity, or teratogenicity; data on behavioral disorders; dermatoxicity; pharmacological effects; mammalian absorption, distribution, metabolism, and excretion; cumulative, additive, and synergistic effects; acute, subchronic, and chronic effects; and structure/activity analyses;… | ||||
| 40:40:21.0.1.1.1.7.1.3 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | G | Subpart G—Significant New Alternatives Policy Program | § 82.174 Prohibitions. | EPA | [59 FR 13147, Mar. 18, 1994, as amended at 59 FR 63256, Dec. 8, 1994; 60 FR 3303, Jan. 13, 1995] | (a) No person may introduce a new substitute into interstate commerce before the expiration of 90 days after a notice is initially submitted to EPA under § 82.176(a). (b) No person may use a substitute which a person knows or has reason to know was manufactured, processed or imported in violation of the regulations in this subpart, or knows or has reason to know was manufactured, processed or imported in violation of any use restriction in the acceptability determination, after the effective date of any rulemaking imposing such restrictions. (c) No person may use a substitute without adhering to any use restrictions set by the acceptability decision, after the effective date of any rulemaking imposing such restrictions. (d) No person may use a substitute after the effective date of any rulemaking adding such substitute to the list of unacceptable substitutes. (e) Rules Stayed for Reconsideration. Notwithstanding any other provision of this subpart, the effectiveness of subpart G is stayed from December 8, 1994, to March 8, 1995, only as applied to use of substitutes for export. | |||
| 40:40:21.0.1.1.1.7.1.4 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | G | Subpart G—Significant New Alternatives Policy Program | § 82.176 Applicability. | EPA | (a) Any producer of a new substitute must submit a notice of intent to introduce a substitute into interstate commerce 90 days prior to such introduction. Any producer of an existing substitute already in interstate commerce must submit a notice as of July 18, 1994, if such substitute has not already been reviewed and approved by the Agency. (b) With respect to the following substitutes, producers are exempt from notification requirements: (1) Substitutes already listed as acceptable. Producers need not submit notices on substitutes that are already listed as acceptable under SNAP. (2) Small sectors. Persons using substitutes in sectors other than the nine principal sectors reviewed under this program are exempt from the notification requirements. This exemption shall not be construed to nullify an unacceptability determination or to allow use of an otherwise unacceptable substitute. (3) Small volume use within SNAP sectors. Within the nine principal SNAP sectors, persons introducing a substitute whose expected volume of use amounts to less than 10,000 lbs. per year within a SNAP sector are exempt from notification requirements. This exemption shall not be construed to allow use of an otherwise unacceptable substitute in any quantity. Persons taking advantage of this exemption for small uses must maintain documentation for each substitute describing how the substitute meets this small use definition. This documentation must include annual production and sales information by sector. (4) Research and development. Production of substitutes for the sole purpose of research and development is exempt from reporting requirements. (5) Test marketing. Use of substitutes for the sole purpose of test marketing is exempt from SNAP notification requirements until 90 days prior to the introduction of such substitutes for full-scale commercial sale in interstate commerce. Persons taking advantage of this exemption are, however, required to notify the Agency in writing that they are conducting test marketing 30 d… | ||||
| 40:40:21.0.1.1.1.7.1.5 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | G | Subpart G—Significant New Alternatives Policy Program | § 82.178 Information required to be submitted. | EPA | (a) Persons whose substitutes are subject to reporting requirements pursuant to § 82.176 must provide the following information: (1) Name and description of the substitute. The substitute should be identified by its: Chemical name; trade name(s); identification numbers; chemical formula; and chemical structure. (2) Physical and chemical information. The substitute should be characterized by its key properties including but not limited to: Molecular weight; physical state; melting point; boiling point; density; taste and/or odor threshold; solubility; partition coefficients (Log K ow , Log K oc ); atmospheric lifetime and vapor pressure. (3) Substitute applications. Identification of the applications within each sector end-use in which the substitutes are likely to be used. (4) Process description. For each application identified, descriptive data on processing, including in-place pollution controls. (5) Ozone depletion potential. The predicted 100-year ozone depletion potential (ODP) of substitute chemicals. The submitter must also provide supporting documentation or references. (6) Global warming impacts. Data on the total global warming potential of the substitute, including information on the GWP index and the indirect contributions to global warming caused by the production or use of the substitute (e.g., changes in energy efficiency). GWP must be calculated over a 100, 500 and 1000-year integrated time horizon. (7) Toxicity data. Health and safety studies on the effects of a substitute, its components, its impurities, and its degradation products on any organism (e.g., humans, mammals, fish, wildlife, and plants). For tests on mammals, the Agency requires a minimum submission of the following tests to characterize substitute risks: A range-finding study that considers the appropriate exposure pathway for the specific use (e.g., oral ingestion, inhalation, etc.), and a 90-day subchronic repeated dose study in an appropriate rodent species. For certain substitutes, a cardiotoxicity study i… | ||||
| 40:40:21.0.1.1.1.7.1.6 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | G | Subpart G—Significant New Alternatives Policy Program | § 82.180 Agency review of SNAP submissions. | EPA | [59 FR 13147, Mar. 18, 1994, as amended at 61 FR 25592, May 22, 1996; 61 FR 54039, Oct. 16, 1996] | (a) Processing of SNAP notices —(1) 90-day review process. The 90-day review process will begin once EPA receives a submission and determines that such submission includes data on the substitute that are complete and adequate, as described in § 82.178. The Agency may suspend or extend the review period to allow for submission of additional data needed to complete the review of the notice. (2) Initial review of notice. The SNAP Document Control Officer will review the notice to ensure that basic information necessary to process the submission is present (i.e., name of company, identification of substitute, etc.). The SNAP Document Control Officer will also review substantiation of any claim of confidentiality. (3) Determination of data adequacy. Upon receipt of the SNAP submission, the Agency will review the completeness of the information supporting the application. If additional data are needed, the submitter will be contacted following completion of this review. The 90-day review period will not commence until EPA has received data it judges adequate to support analysis of the submission. (4) Letter of receipt. The SNAP Document Control Officer will send a letter of receipt to the submitter to confirm the date of notification and the beginning of EPA's 90-day review period. The SNAP Document Control Officer will also assign the SNAP notice a tracking number, which will be identified in the letter of receipt. (5) Availability of new information during review period. If critical new information becomes available during the review period that may influence the Agency's evaluation of a substitute, the submitter must notify the Agency about the existence of such information within 10 days of learning of such data. The submitter must also inform the Agency of new studies underway, even if the results will not be available within the 90-day review period. The Agency may contact the submitter to explore extending or suspending the review period depending on the type of information received and the stage … | |||
| 40:40:21.0.1.1.1.7.1.7 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | G | Subpart G—Significant New Alternatives Policy Program | § 82.182 Confidentiality of data. | EPA | (a) Clean Air Act provisions. Anyone submitting information must assert a claim of confidentiality at the time of submission for any data they wish to have treated as confidential business information (CBI) under 40 CFR part 2, subpart B. Failure to assert a claim of confidentiality at the time of submission may result in disclosure of the information by the Agency without further notice to the submitter. The submitter should also be aware that under section 114(c), emissions data may not be claimed as confidential. (b) Substantiation of confidentiality claims. At the time of submission, EPA requires substantiation of any confidentiality claims made. Failure to provide any substantiation may result in disclosure of information without further notice by the Agency. All submissions must include adequate substantiation in order for an acceptability determination on a substitute to be published. Moreover, under 40 CFR part 2, subpart B, there are further instances in which confidentiality assertions may later be reviewed even when confidentiality claims are initially received. The submitter will also be contacted as part of such an evaluation process. (c) Confidentiality provisions for toxicity data. In the event that toxicity or health and safety studies are listed as confidential, this information cannot be maintained as confidential where such data are also submitted under TSCA or FIFRA, to the extent that confidential treatment is prohibited under those statutes. However, information contained in a toxicity study that is not health and safety data and is not relevant to the effects of a substance on human health and the environment (e.g., discussion of process information, proprietary blends) can be maintained as confidential subject to 40 CFR part 2, subpart B. (d) Joint submissions under other statutes. Information submitted as part of a joint submission to either SNAP/TSCA or SNAP/FIFRA must adhere to the security provisions of the program offices implementing these statutes. For such submissions, t… | ||||
| 40:40:21.0.1.1.1.7.1.8 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | G | Subpart G—Significant New Alternatives Policy Program | § 82.184 Petitions. | EPA | (a) Who may petition. Any person may petition the Agency to amend existing listing decisions under the SNAP program, or to add a new substance to any of the SNAP lists. (b) Types of petitions. Five types of petitions exist: (1) Petitions to add a substitute not previously reviewed under the SNAP program to the acceptable list. This type of petition is comparable to the 90-day notifications, except that it would generally be initiated by entities other than the companies that manufacture, formulate, or otherwise use the substitute. Companies that manufacture, formulate, or use substitutes that want to have their substitutes added to the acceptable list should submit information on the substitute under the 90-day review program; (2) Petitions to add a substitute not previously reviewed under the SNAP program to the unacceptable list; (3) Petitions to delete a substitute from the acceptable list and add it to the unacceptable list or to delete a substitute from the unacceptable and add it to the acceptable list; (4) Petitions to add or delete use restrictions on an acceptability listing. (5) Petitions to grandfather use of a substitute listed as unacceptable or acceptable subject to use restrictions. (c) Content of the petition. The Agency requires that the petitioner submit information on the type of action requested and the rationale for the petition. Petitions in paragraphs (b)(1) and (2) of this section must contain the information described in § 82.178, which lists the items to be submitted in a 90-day notification. For petitions that request the re-examination of a substitute previously reviewed under the SNAP program, the submitter must also reference the prior submittal or existing listing. Petitions to grandfather use of an unacceptable substitute must describe the applicability of the test to judge the appropriateness of Agency grandfathering as established by the United States District Court for the District of Columbia Circuit (see Sierra Club v. EPA, 719 F.2d 436 (D.C. Cir. 1983)). This… | ||||
| 40:40:21.0.1.1.1.8.1.1 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | H | Subpart H—Halon Emissions Reduction | § 82.250 Purpose and scope. | EPA | (a) The purpose of this subpart is to reduce the emissions of halon in accordance with section 608 of the Clean Air Act by banning the manufacture of halon blends; banning the intentional release of halons during repair, testing, and disposal of equipment containing halons and during technician training; requiring organizations that employ technicians to provide emissions reduction training; and requiring proper disposal of halons and equipment containing halons. (b) This subpart applies to any person testing, servicing, maintaining, repairing or disposing of equipment that contains halons or using such equipment during technician training. This subpart also applies to any person disposing of halons; to manufacturers of halon blends; and to organizations that employ technicians who service halon-containing equipment. | ||||
| 40:40:21.0.1.1.1.8.1.2 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | H | Subpart H—Halon Emissions Reduction | § 82.260 Definitions. | EPA | Halon-containing equipment means equipment used to store, transfer, and/or disperse halon. Disposal of halon means the process leading to and including discarding of halon from halon-containing equipment. Disposal of halon-containing equipment means the process leading to and including: (1) The discharge, deposit, dumping or placing of any discarded halon-containing equipment into or on any land or water; (2) The disassembly of any halon-containing equipment for discharge, deposit, or dumping or placing of its discarded component parts into or on any land or water; or (3) The disassembly of any halon-containing equipment for reuse of its component parts. Halon means any of the Class I, Group II substances listed in subpart A, appendix A of 40 CFR part 82. This group consists of the three halogenated hydrocarbons known as Halon 1211, Halon 1301, and Halon 2402, and all isomers of these chemicals. Halon product means any mixture or combination of substances that contains only one halon (e.g., Halon 1301 plus dinitrogen gas (N 2 )) Halon blend means any mixture or combination of substances that contains two or more halons. Manufacturer means any person engaged in the direct manufacture of halon, halon blends or halon-containing equipment. Person means any individual or legal entity, including an individual, corporation, partnership, association, state, municipality, political subdivision of a state, Indian tribe, and any agency, department, or instrumentality of the United States, and any officer, agent, or employee thereof. Technician means any person who performs testing, maintenance, service, or repair that could reasonably be expected to release halons from equipment into the atmosphere. Technician also means any person who performs disposal of equipment that could reasonably be expected to release halons from the equipment into the atmosphere. Technician includes but is not limited to installers, contractor employees, in-house service personnel, and in some cases, owners. | ||||
| 40:40:21.0.1.1.1.8.1.3 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | H | Subpart H—Halon Emissions Reduction | § 82.270 Prohibitions. | EPA | [63 FR 11096, Mar. 5, 1998, as amended at 85 FR 15301, Mar. 17, 2020] | (a) Effective April 6, 1998 no person may newly manufacture any halon blend. Halon blends manufactured solely for the purpose of aviation fire protection are not subject to this prohibition, provided that: (1) The manufacturer or its designee is capable of recycling the blend to the relevant industry standards for the chemical purity of each individual halon; (2) The manufacturer includes in all sales contracts for blends produced by it on or after April 6, 1998 the provision that the blend must be returned to it or its designee for recycling; and (3) The manufacturer or its designee in fact recycles blends produced by the manufacturer on or after April 6, 1998 and returned to it for recycling to the relevant industry standards for the chemical purity of each individual halon. (b) Effective April 6, 1998, no person testing, maintaining, servicing, repairing, or disposing of halon-containing equipment or using such equipment for technician training may knowingly vent or otherwise release into the environment any halons used in such equipment. (1) De minimis releases associated with good faith attempts to recycle or recover halon are not subject to this prohibition. (2) Release of residual halon contained in fully discharged total flooding fire extinguishing systems would be considered a de minimis release associated with good faith attempts to recycle or recover halon. (3) Release of halons during testing of fire extinguishing systems is not subject to this prohibition if the following four conditions are met: (i) Systems or equipment employing suitable alternative fire extinguishing agents are not available; (ii) System or equipment testing requiring release of extinguishing agent is essential to demonstrate system or 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 halon during system or equipment testing for technical reasons. (4) Releases of halons associated with re… | |||
| 40:40:21.0.1.1.1.9.1.1 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | I | Subpart I—Ban on Refrigeration and Air-Conditioning Appliances Containing HCFCs | § 82.300 Purpose. | EPA | The purpose of this subpart is to protect stratospheric ozone by restricting the sale and distribution of HCFC containing appliances under authority of section 615 of the Clean Air Act as amended in 1990. | ||||
| 40:40:21.0.1.1.1.9.1.2 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | I | Subpart I—Ban on Refrigeration and Air-Conditioning Appliances Containing HCFCs | § 82.302 Definitions. | EPA | As used in this subpart, the term: Appliance means any device which contains and uses a refrigerant and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer. Class I substance means any controlled substance designated as class I in 40 CFR part 82, appendix A to subpart A. Class II substance means any controlled substance designated as class II in 40 CFR part 82, appendix B to subpart A. Consumer, when used to describe a person taking action with regard to a product, means the ultimate purchaser, recipient or user of a product. Distributor, when used to describe a person taking action with regard to a product, means: (1) The seller of a product to a consumer or another distributor; or (2) A person who sells or distributes that product in interstate commerce, including sale or distribution preceding export from, or following import to, the United States. Hydrochlorofluorocarbon means any substance listed as class II in 40 CFR part 82, appendix B to subpart A. Manufactured, for an appliance, means the date on which the appliance's refrigerant circuit is complete, the appliance can function, the appliance holds a refrigerant charge, and the appliance is ready for use for its intended purposes; for a pre-charged appliance component, “manufactured” means the date that the original equipment manufacturer has physically completed assembly of the component, the component is charged with refrigerant, and the component is ready for initial sale or distribution. 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. Pre-charged appliance means any appliance charged with refrigerant prior to sale or distribution, or offer for sale or distribution in interstate commerce. Pre-charged appliance component means any p… | ||||
| 40:40:21.0.1.1.1.9.1.3 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | I | Subpart I—Ban on Refrigeration and Air-Conditioning Appliances Containing HCFCs | § 82.304 Prohibitions. | EPA | Effective January 1, 2010, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any product identified in § 82.306. | ||||
| 40:40:21.0.1.1.1.9.1.4 | 40 | Protection of Environment | I | C | 82 | PART 82—PROTECTION OF STRATOSPHERIC OZONE | I | Subpart I—Ban on Refrigeration and Air-Conditioning Appliances Containing HCFCs | § 82.306 Prohibited products. | EPA | Effective January 1, 2010, the following products are subject to the prohibitions specified under § 82.304— (a) Any pre-charged appliance manufactured on or after January 1, 2010 containing HCFC-22, HCFC-142b or a blend containing one or both of these controlled substances. (b) Any pre-charged appliance component for air-conditioning or refrigeration appliances manufactured on or after January 1, 2010 containing HCFC-22, HCFC-142b, or a blend containing one or both of these controlled substances. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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agency TEXT,
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