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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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 24:24:1.1.1.1.37.0.59.1 | 24 | Housing and Urban Development | 84 | PART 84—UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS | § 84.1 Applicability of and cross reference to 2 CFR part 200. | HUD | [79 FR 76078, Dec. 19, 2014] | (a) Federal awards to institutions of higher education, hospitals and other non-profit organizations are subject to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards at 2 CFR part 200. (b) Federal awards made prior to December 26, 2014 will continue to be governed by the regulations in effect and codified in 24 CFR part 84 (2013 edition) or as provided under the terms of the Federal award. Where the terms of a Federal award made prior to December 26, 2014, state that the award will be subject to regulations as may be amended, the Federal award shall be subject to 2 CFR part 200. | |||||||
| 33:33:1.0.1.5.39.0.26.1 | 33 | Navigation and Navigable Waters | I | E | 84 | PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES | § 84.01 Definitions. | USCG | (a) The term height above the hull means height above the uppermost continuous deck. This height shall be measured from the position vertically beneath the location of the light. (b) High-speed craft means a craft capable of maximum speed in meters per second (m/s) equal to or exceeding: 3.7▽ 0.1667 ; where ▽ = displacement corresponding to the design waterline (cubic meters). The same formula expressed in pounds and knots is maximum speed in knots (kts) equal to exceeding 1.98 (lbs) 3.7▽ 0.1667 ; where ▽ = displacement corresponding to design waterline in pounds. (c) The term practical cut-off means, for vessels 20 meters or more in length, 12.5 percent of the minimum luminous intensity (Table 84.14(b)) corresponding to the greatest range of visibility for which the requirements of Annex I (33 CFR part 84) are met. (d) The term Rule or Rules has the same meaning as in 33 CFR 83.03(r). | ||||||
| 33:33:1.0.1.5.39.0.26.10 | 33 | Navigation and Navigable Waters | I | E | 84 | PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES | § 84.16 Vertical sectors. | USCG | (a) The vertical sectors of electric lights as fitted, with the exception of lights on sailing vessels underway and on unmanned barges, shall ensure that: (i) At least the required minimum intensity is maintained at all angles from 5 degrees above to 5 degrees below the horizontal; (ii) At least 60 percent of the required minimum intensity is maintained from 7.5 degrees above to 7.5 degrees below the horizontal. (b) In the case of sailing vessels underway, the vertical sectors of electric lights, as fitted, shall ensure that: (i) At least the required minimum intensity is maintained at all angles from 5 degrees above to 5 degrees below the horizontal; (ii) At least 50 percent of the required minimum intensity is maintained from 25 degrees above to 25 degrees below the horizontal. (c) In the case of unmanned barges the minimum required intensity of electric lights as fitted shall be maintained on the horizontal. (d) In the case of lights other than electric lights these specifications shall be met as closely as possible. | ||||||
| 33:33:1.0.1.5.39.0.26.11 | 33 | Navigation and Navigable Waters | I | E | 84 | PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES | § 84.17 Intensity of non-electric lights. | USCG | Non-electric lights shall so far as practicable comply with the minimum intensities, as specified in the Table 84.14(b). | ||||||
| 33:33:1.0.1.5.39.0.26.12 | 33 | Navigation and Navigable Waters | I | E | 84 | PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES | § 84.18 Maneuvering light. | USCG | Notwithstanding the provisions of § 84.02(f), the maneuvering light described in Rule 34(b)(§ 83.34(b) of this chapter) shall be placed approximately in the same fore and aft vertical plane as the masthead light or lights and, where practicable, at a minimum height of one-half meter vertically above the forward masthead light, provided that it shall be carried not less than one-half meter vertically above or below the after masthead light. On a vessel where only one masthead light is carried the maneuvering light, if fitted, shall be carried where it can best be seen, not less than one-half meter vertically apart from the masthead light. | ||||||
| 33:33:1.0.1.5.39.0.26.13 | 33 | Navigation and Navigable Waters | I | E | 84 | PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES | § 84.19 High-speed craft. | USCG | (a) The masthead light of high-speed craft may be placed at a height related to the breadth of the craft lower than that prescribed in § 84.02(a)(i), provided that the base angle of the isosceles triangle formed by the sidelights and masthead light, when seen in end elevation is not less than 27°. (b) On high-speed craft of 50 meters or more in length, the vertical separation between foremast and mainmast light of 4.5 meters required by § 84.02(k) may be modified provided that such distance shall not be less than the value determined by the following formula: Where: y is the height of the mainmast light above the foremast light in meters; a is the height of the foremast light above the water surface in service condition in meters; Ψ is the trim in service condition in degrees; C is the horizontal separation of masthead lights in meters. Where: y is the height of the mainmast light above the foremast light in meters; a is the height of the foremast light above the water surface in service condition in meters; Ψ is the trim in service condition in degrees; C is the horizontal separation of masthead lights in meters. Refer to the International Code of Safety for High-Speed Craft, 1994 and the International Code of Safety for High-Speed Craft, 2000. | ||||||
| 33:33:1.0.1.5.39.0.26.14 | 33 | Navigation and Navigable Waters | I | E | 84 | PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES | § 84.20 Approval. | USCG | The construction of lights and shapes and the installation of lights on board the vessel must satisfy the Commandant, U.S. Coast Guard. | ||||||
| 33:33:1.0.1.5.39.0.26.2 | 33 | Navigation and Navigable Waters | I | E | 84 | PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES | § 84.02 Vertical positioning and spacing of lights. | USCG | [79 FR 37921, July 2, 2014, as amended by USCG-2012-0102, 79 FR 68622, Nov. 18, 2014; USCG-2015-0433, 80 FR 44280, July 27, 2015] | (a) On a power-driven vessel of 20 meters or more in length the masthead lights shall be placed as follows: (i) The forward masthead light, or if only one masthead light is carried, then that light, at a height above the hull of not less than 5 meters, and, if the breadth of the vessel exceeds 5 meters, then at a height above the hull not less than such breadth, so however that the light need not be placed at a greater height above the hull than 8 meters. (ii) When two masthead lights are carried the after one shall be at least 2 meters vertically higher than the forward one. (b) The vertical separation of the masthead lights of power-driven vessels shall be such that in all normal conditions of trim the after light will be seen over and separate from the forward light at a distance of 1000 meters from the stem when viewed from water level. (c) The masthead light of a power-driven vessel of 12 meters but less than 20 meters in length shall be placed at a height above the gunwale of not less than 2.5 meters. (d) The masthead light, or the all-round light described in Rule 23(d)(§ 83.23(d) of this chapter), of a power-driven vessel of less than 12 meters in length shall be carried at least one meter higher than the sidelights. (e) One of the two or three masthead lights prescribed for a power-driven vessel when engaged in towing or pushing another vessel shall be placed in the same position as either the forward masthead light or the after masthead light, provided that the lowest after masthead light shall be at least 2 meters vertically higher than the highest forward masthead light. (f)(i) The masthead light or lights prescribed in Rule 23(a) (§ 83.23(a) of this chapter) shall be so placed as to be above and clear of all other lights and obstructions except as described in paragraph (f)(ii) of this section. (ii) When it is impracticable to carry the all-round lights prescribed in Rule 27(b)(i)(§ 83.27(b)(i) of this chapter) below the masthead lights, they may be carried above the after masthead light(s) o… | |||||
| 33:33:1.0.1.5.39.0.26.3 | 33 | Navigation and Navigable Waters | I | E | 84 | PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES | § 84.03 Horizontal positioning and spacing of lights. | USCG | (a) Except as specified in paragraph (e) of this section, when two masthead lights are prescribed for a power-driven vessel, the horizontal distance between them must not be less than one quarter of the length of the vessel but need not be more than 50 meters. The forward light must be placed not more than one half of the length of the vessel from the stem. (b) On a power-driven vessel of 20 meters or more in length the sidelights shall not be placed in front of the forward masthead lights. They shall be placed at or near the side of the vessel. (c) When the lights prescribed in Rule 27(b)(i) (§ 83.27(b)(i) of this chapter) are placed vertically between the forward masthead light(s) and the after masthead light(s), these all-round lights shall be placed at a horizontal distance of not less than 2 meters from the fore and aft centerline of the vessel in the athwartship direction. (d) When only one masthead light is prescribed for a power-driven vessel, this light must be exhibited forward of amidships. For a vessel of less than 20 meters in length, the vessel shall exhibit one masthead light as far forward as is practicable. (e) On power-driven vessels 50 meters but less than 60 meters in length operated on the Western Rivers, and those waters specified in § 89.25 of this chapter, the horizontal distance between masthead lights shall not be less than 10 meters. | ||||||
| 33:33:1.0.1.5.39.0.26.4 | 33 | Navigation and Navigable Waters | I | E | 84 | PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES | § 84.04 Details of location of direction-indicating lights for fishing vessels, dredgers and vessels engaged in underwater operations. | USCG | (a) The light indicating the direction of the outlying gear from a vessel engaged in fishing as prescribed in Rule 26(c)(ii) (§ 83.26(c)(ii) of this chapter) shall be placed at a horizontal distance of not less than 2 meters and not more than 6 meters away from the two all-round red and white lights. This light shall be placed not higher than the all-round white light prescribed in Rule 26(c)(i)(§ 83.26(c)(i) of this chapter) and not lower than the sidelights. (b) The lights and shapes on a vessel engaged in dredging or underwater operations to indicate the obstructed side and/or the side on which it is safe to pass, as prescribed in Rule 27(d)(i) and (ii)(§ 83.27(d)(i) and (ii) of this chapter), shall be placed at the maximum practical horizontal distance, but in no case less than 2 meters, from the lights or shapes prescribed in Rule 27(b)(i) and (ii)(§ 83.27(b)(i)and (ii) of this chapter). In no case shall the upper of these lights or shapes be at a greater height than the lower of the three lights or shapes prescribed in Rule 27(b)(i) and (ii) (§ 83.27(b)(i) and (ii) of this chapter). | ||||||
| 33:33:1.0.1.5.39.0.26.5 | 33 | Navigation and Navigable Waters | I | E | 84 | PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES | § 84.05 Screens. | USCG | (a) The sidelights of vessels of 20 meters or more in length shall be fitted with matt black inboard screens and meet the requirements of § 84.15. On vessels of less than 20 meters in length, the sidelights, if necessary to meet the requirements of § 84.15, shall be fitted with matt black inboard screens. With a combined lantern, using a single vertical filament and a very narrow division between the green and red sections, external screens need not be fitted. (b) On power-driven vessels less than 12 meters in length constructed after July 31, 1983, the masthead light, or the all-round light described in Rule 23(d)(§ 83.23(d) of this chapter) shall be screened to prevent direct illumination of the vessel forward of the operator's position. | ||||||
| 33:33:1.0.1.5.39.0.26.6 | 33 | Navigation and Navigable Waters | I | E | 84 | PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES | § 84.06 Shapes. | USCG | (a) Shapes shall be black and of the following sizes: (i) A ball shall have a diameter of not less than 0.6 meter. (ii) A cone shall have a base diameter of not less than 0.6 meters and a height equal to its diameter. (iii) A diamond shape shall consist of two cones (as defined in paragraph (a)(ii) of this section) having a common base. (b) The vertical distance between shapes shall be at least 1.5 meters. (c) In a vessel of less than 20 meters in length shapes of lesser dimensions but commensurate with the size of the vessel may be used and the distance apart may be correspondingly reduced. | ||||||
| 33:33:1.0.1.5.39.0.26.7 | 33 | Navigation and Navigable Waters | I | E | 84 | PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES | § 84.13 Color specification of lights. | USCG | (a) The chromaticity of all navigation lights shall conform to the following standards, which lie within the boundaries of the area of the diagram specified for each color by the International Commission on Illumination (CIE), in the “Colors of Light Signals”, which is incorporated by reference. It is Publication CIE No. 2.2. (TC-1.6), 1975, and is available from the Illumination Engineering Society, 345 East 47th Street, New York, NY 10017 and is available for inspection at the Coast Guard, Shore Infrastructure Logistics Center, Aids to Navigation and Marine Environmental Response Product Line (CG-SILC-ATON/MER), 2703 Martin Luther King, Jr. Ave, Mailstop 7714, Washington, DC 20593-7714. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. This incorporation by reference was approved by the Director of the Federal Register. (b) The boundaries of the area for each color are given by indicating the corner co-ordinates, which are as follows: (i) White: x 0.525 0.525 0.452 0.310 0.310 0.443 y 0.382 0.440 0.440 0.348 0.283 0.382 x 0.525 0.525 0.452 0.310 0.310 0.443 y 0.382 0.440 0.440 0.348 0.283 0.382 (ii) Green: x 0.028 0.009 0.300 0.203 y 0.385 0.723 0.511 0.356 x 0.028 0.009 0.300 0.203 y 0.385 0.723 0.511 0.356 (iii) Red: x 0.680 0.660 0.735 0.721 y 0.320 0.320 0.265 0.259 x 0.680 0.660 0.735 0.721 y 0.320 0.320 0.265 0.259 (iv) Yellow: x 0.612 0.618 0.575 0.575 y 0.382 0.382 0.425 0.406 x 0.612 0.618 0.575 0.575 y 0.382 0.382 0.425 0.406 | ||||||
| 33:33:1.0.1.5.39.0.26.8 | 33 | Navigation and Navigable Waters | I | E | 84 | PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES | § 84.14 Intensity of lights. | USCG | (a) The minimum luminous intensity of lights shall be calculated by using the formula: I = 3.43 × 10 6 × T × D 2 × K −D Where: I is luminous intensity in candelas under service conditions, T is threshold factor 2 × 10 −7 lux, D is range of visibility (luminous range) of the light in nautical miles, K is atmospheric transmissivity. For prescribed lights the value of K shall be 0.8, corresponding to a meteorological visibility of approximately 13 nautical miles. Where: I is luminous intensity in candelas under service conditions, T is threshold factor 2 × 10 −7 lux, D is range of visibility (luminous range) of the light in nautical miles, K is atmospheric transmissivity. For prescribed lights the value of K shall be 0.8, corresponding to a meteorological visibility of approximately 13 nautical miles. (b) A selection of figures derived from the formula is given in the following table (Table 84.14(b)): Table 84.14( b ) | ||||||
| 33:33:1.0.1.5.39.0.26.9 | 33 | Navigation and Navigable Waters | I | E | 84 | PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES | § 84.15 Horizontal sectors. | USCG | [79 FR 37921, July 2, 2014, as amended by USCG-2016-0498, 82 FR 35080, July 28, 2017] | (a)(i) In the forward direction, sidelights as fitted on the vessel shall show the minimum required intensities. The intensities shall decrease to reach practical cut-off between 1 and 3 degrees outside the prescribed sectors. (ii) For sternlights and masthead lights and at 22.5 degrees abaft the beam for sidelights, the minimum required intensities shall be maintained over the arc of the horizon up to 5 degrees within the limits of the sectors prescribed in Rule 21 (§ 83.21 of this chapter). From 5 degrees within the prescribed sectors the intensity may decrease by 50 percent up to the prescribed limits; it shall decrease steadily to reach practical cut-off at not more than 5 degrees outside the prescribed sectors. (b)(i) All-round lights shall be so located as not to be obscured by masts, topmasts or structures within angular sectors of more than 6 degrees, except anchor lights prescribed in Rule 30 (§ 83.30 of this chapter), which need not be placed at an impracticable height above the hull, and the all-round white light described in Rule 23(e) (§ 83.23(e) of this chapter), which may not be obscured at all. (ii) If it is impracticable to comply with paragraph (b)(i) of this section by exhibiting only one all-round light, two all-round lights shall be used suitably positioned or screened to appear, as far as practicable, as one light at a minimum distance of one nautical mile. Two unscreened all-round lights that are 1.28 meters apart or less will appear as one light to the naked eye at a distance of one nautical mile. | |||||
| 34:34:1.1.1.1.28.1.113.1 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | A | Subpart A—Purpose and Coverage | § 84.100 What does this part do? | ED | This part carries out the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) that applies to grants. It also applies the provisions of the Act to cooperative agreements and other financial assistance awards, as a matter of Federal Government policy. | ||||||
| 34:34:1.1.1.1.28.1.113.2 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | A | Subpart A—Purpose and Coverage | § 84.105 Does this part apply to me? | ED | (a) Portions of this part apply to you if you are either— (1) A recipient of an assistance award from the Department of Education; or (2) A(n) ED awarding official. (See definitions of award and recipient in §§ 84.605 and 84.660, respectively.) (b) The following table shows the subparts that apply to you: | ||||||
| 34:34:1.1.1.1.28.1.113.3 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | A | Subpart A—Purpose and Coverage | § 84.110 Are any of my Federal assistance awards exempt from this part? | ED | This part does not apply to any award that the ED Deciding Official determines that the application of this part would be inconsistent with the international obligations of the United States or the laws or regulations of a foreign government. | ||||||
| 34:34:1.1.1.1.28.1.113.4 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | A | Subpart A—Purpose and Coverage | § 84.115 Does this part affect the Federal contracts that I receive? | ED | It will affect future contract awards indirectly if you are debarred or suspended for a violation of the requirements of this part, as described in § 84.510(c). However, this part does not apply directly to procurement contracts. The portion of the Drug-Free Workplace Act of 1988 that applies to Federal procurement contracts is carried out through the Federal Acquisition Regulation in chapter 1 of Title 48 of the Code of Federal Regulations (the drug-free workplace coverage currently is in 48 CFR part 23, subpart 23.5). | ||||||
| 34:34:1.1.1.1.28.2.113.1 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 84.200 What must I do to comply with this part? | ED | There are two general requirements if you are a recipient other than an individual. (a) First, you must make a good faith effort, on a continuing basis, to maintain a drug-free workplace. You must agree to do so as a condition for receiving any award covered by this part. The specific measures that you must take in this regard are described in more detail in subsequent sections of this subpart. Briefly, those measures are to— (1) Publish a drug-free workplace statement and establish a drug-free awareness program for your employees (see §§ 84.205 through 84.220); and (2) Take actions concerning employees who are convicted of violating drug statutes in the workplace (see § 84.225). (b) Second, you must identify all known workplaces under your Federal awards (see § 84.230). | ||||||
| 34:34:1.1.1.1.28.2.113.2 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 84.205 What must I include in my drug-free workplace statement? | ED | You must publish a statement that— (a) Tells your employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in your workplace; (b) Specifies the actions that you will take against employees for violating that prohibition; and (c) Lets each employee know that, as a condition of employment under any award, he or she: (1) Will abide by the terms of the statement; and (2) Must notify you in writing if he or she is convicted for a violation of a criminal drug statute occurring in the workplace and must do so no more than five calendar days after the conviction. | ||||||
| 34:34:1.1.1.1.28.2.113.3 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 84.210 To whom must I distribute my drug-free workplace statement? | ED | You must require that a copy of the statement described in § 84.205 be given to each employee who will be engaged in the performance of any Federal award. | ||||||
| 34:34:1.1.1.1.28.2.113.4 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 84.215 What must I include in my drug-free awareness program? | ED | You must establish an ongoing drug-free awareness program to inform employees about— (a) The dangers of drug abuse in the workplace; (b) Your policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that you may impose upon them for drug abuse violations occurring in the workplace. | ||||||
| 34:34:1.1.1.1.28.2.113.5 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 84.220 By when must I publish my drug-free workplace statement and establish my drug-free awareness program? | ED | If you are a new recipient that does not already have a policy statement as described in § 84.205 and an ongoing awareness program as described in § 84.215, you must publish the statement and establish the program by the time given in the following table: | ||||||
| 34:34:1.1.1.1.28.2.113.6 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 84.225 What actions must I take concerning employees who are convicted of drug violations in the workplace? | ED | There are two actions you must take if an employee is convicted of a drug violation in the workplace: (a) First, you must notify Federal agencies if an employee who is engaged in the performance of an award informs you about a conviction, as required by § 84.205(c)(2), or you otherwise learn of the conviction. Your notification to the Federal agencies must— (1) Be in writing; (2) Include the employee's position title; (3) Include the identification number(s) of each affected award; (4) Be sent within ten calendar days after you learn of the conviction; and (5) Be sent to every Federal agency on whose award the convicted employee was working. It must be sent to every awarding official or his or her official designee, unless the Federal agency has specified a central point for the receipt of the notices. (b) Second, within 30 calendar days of learning about an employee's conviction, you must either— (1) Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended; or (2) Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency. | ||||||
| 34:34:1.1.1.1.28.2.113.7 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 84.230 How and when must I identify workplaces? | ED | (a) You must identify all known workplaces under each ED award. A failure to do so is a violation of your drug-free workplace requirements. You may identify the workplaces— (1) To the ED official that is making the award, either at the time of application or upon award; or (2) In documents that you keep on file in your offices during the performance of the award, in which case you must make the information available for inspection upon request by ED officials or their designated representatives. (b) Your workplace identification for an award must include the actual address of buildings (or parts of buildings) or other sites where work under the award takes place. Categorical descriptions may be used ( e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). (c) If you identified workplaces to the ED awarding official at the time of application or award, as described in paragraph (a)(1) of this section, and any workplace that you identified changes during the performance of the award, you must inform the ED awarding official. | ||||||
| 34:34:1.1.1.1.28.3.113.1 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | C | Subpart C—Requirements for Recipients Who Are Individuals | § 84.300 What must I do to comply with this part if I am an individual recipient? | ED | As a condition of receiving a(n) ED award, if you are an individual recipient, you must agree that— (a) You will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity related to the award; and (b) If you are convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity, you will report the conviction: (1) In writing. (2) Within 10 calendar days of the conviction. (3) To the ED awarding official or other designee for each award that you currently have, unless § 84.301 or the award document designates a central point for the receipt of the notices. When notice is made to a central point, it must include the identification number(s) of each affected award. | ||||||
| 34:34:1.1.1.1.28.3.113.2 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | C | Subpart C—Requirements for Recipients Who Are Individuals | § 84.301 [Reserved] | ED | |||||||
| 34:34:1.1.1.1.28.4.113.1 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | D | Subpart D—Responsibilities of ED Awarding Officials | § 84.400 What are my responsibilities as a(n) ED awarding official? | ED | As a(n) ED awarding official, you must obtain each recipient's agreement, as a condition of the award, to comply with the requirements in— (a) Subpart B of this part, if the recipient is not an individual; or (b) Subpart C of this part, if the recipient is an individual. | ||||||
| 34:34:1.1.1.1.28.5.113.1 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | E | Subpart E—Violations of this Part and Consequences | § 84.500 How are violations of this part determined for recipients other than individuals? | ED | A recipient other than an individual is in violation of the requirements of this part if the ED Deciding Official determines, in writing, that— (a) The recipient has violated the requirements of subpart B of this part; or (b) The number of convictions of the recipient's employees for violating criminal drug statutes in the workplace is large enough to indicate that the recipient has failed to make a good faith effort to provide a drug-free workplace. | ||||||
| 34:34:1.1.1.1.28.5.113.2 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | E | Subpart E—Violations of this Part and Consequences | § 84.505 How are violations of this part determined for recipients who are individuals? | ED | An individual recipient is in violation of the requirements of this part if the ED Deciding Official determines, in writing, that— (a) The recipient has violated the requirements of subpart C of this part; or (b) The recipient is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity. | ||||||
| 34:34:1.1.1.1.28.5.113.3 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | E | Subpart E—Violations of this Part and Consequences | § 84.510 What actions will the Federal Government take against a recipient determined to have violated this part? | ED | If a recipient is determined to have violated this part, as described in § 84.500 or § 84.505, the Department of Education may take one or more of the following actions— (a) Suspension of payments under the award; (b) Suspension or termination of the award; and (c) Suspension or debarment of the recipient under 34 CFR Part 85, for a period not to exceed five years. | ||||||
| 34:34:1.1.1.1.28.5.113.4 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | E | Subpart E—Violations of this Part and Consequences | § 84.515 Are there any exceptions to those actions? | ED | The ED Deciding Official may waive with respect to a particular award, in writing, a suspension of payments under an award, suspension or termination of an award, or suspension or debarment of a recipient if the ED Deciding Official determines that such a waiver would be in the public interest. This exception authority cannot be delegated to any other official. | ||||||
| 34:34:1.1.1.1.28.6.113.1 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 84.605 Award. | ED | Award means an award of financial assistance by the Department of Education or other Federal agency directly to a recipient. (a) The term award includes: (1) A Federal grant or cooperative agreement, in the form of money or property in lieu of money. (2) A block grant or a grant in an entitlement program, whether or not the grant is exempted from coverage under the Governmentwide rule 34 CFR Part 85 that implements OMB Circular A-102 (for availability, see 5 CFR 1310.3) and specifies uniform administrative requirements. (b) The term award does not include: (1) Technical assistance that provides services instead of money. (2) Loans. (3) Loan guarantees. (4) Interest subsidies. (5) Insurance. (6) Direct appropriations. (7) Veterans' benefits to individuals ( i.e., any benefit to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Forces of the United States). | ||||||
| 34:34:1.1.1.1.28.6.113.10 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 84.650 Grant. | ED | Grant means an award of financial assistance that, consistent with 31 U.S.C. 6304, is used to enter into a relationship— (a) The principal purpose of which is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, rather than to acquire property or services for the Federal Government's direct benefit or use; and (b) In which substantial involvement is not expected between the Federal agency and the recipient when carrying out the activity contemplated by the award. | ||||||
| 34:34:1.1.1.1.28.6.113.11 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 84.655 Individual. | ED | Individual means a natural person. | ||||||
| 34:34:1.1.1.1.28.6.113.12 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 84.660 Recipient. | ED | Recipient means any individual, corporation, partnership, association, unit of government (except a Federal agency) or legal entity, however organized, that receives an award directly from a Federal agency. | ||||||
| 34:34:1.1.1.1.28.6.113.13 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 84.665 State. | ED | State means any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. | ||||||
| 34:34:1.1.1.1.28.6.113.14 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 84.670 Suspension. | ED | Suspension means an action taken by a Federal agency that immediately prohibits a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions for a temporary period, pending completion of an investigation and any judicial or administrative proceedings that may ensue. A recipient so prohibited is suspended, in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and the common rule, Government-wide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689. Suspension of a recipient is a distinct and separate action from suspension of an award or suspension of payments under an award. | ||||||
| 34:34:1.1.1.1.28.6.113.2 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 84.610 Controlled substance. | ED | Controlled substance means a controlled substance in schedules I through V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation at 21 CFR 1308.11 through 1308.15. | ||||||
| 34:34:1.1.1.1.28.6.113.3 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 84.615 Conviction. | ED | Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. | ||||||
| 34:34:1.1.1.1.28.6.113.4 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 84.620 Cooperative agreement. | ED | Cooperative agreement means an award of financial assistance that, consistent with 31 U.S.C. 6305, is used to enter into the same kind of relationship as a grant (see definition of grant in § 84.650), except that substantial involvement is expected between the Federal agency and the recipient when carrying out the activity contemplated by the award. The term does not include cooperative research and development agreements as defined in 15 U.S.C. 3710a. | ||||||
| 34:34:1.1.1.1.28.6.113.5 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 84.625 Criminal drug statute. | ED | Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance. | ||||||
| 34:34:1.1.1.1.28.6.113.6 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 84.630 Debarment. | ED | Debarment means an action taken by a Federal agency to prohibit a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions. A recipient so prohibited is debarred, in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and the common rule, Government-wide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689. | ||||||
| 34:34:1.1.1.1.28.6.113.7 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 84.635 Drug-free workplace. | ED | Drug-free workplace means a site for the performance of work done in connection with a specific award at which employees of the recipient are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. | ||||||
| 34:34:1.1.1.1.28.6.113.8 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 84.640 Employee. | ED | (a) Employee means the employee of a recipient directly engaged in the performance of work under the award, including— (1) All direct charge employees; (2) All indirect charge employees, unless their impact or involvement in the performance of work under the award is insignificant to the performance of the award; and (3) Temporary personnel and consultants who are directly engaged in the performance of work under the award and who are on the recipient's payroll. (b) This definition does not include workers not on the payroll of the recipient ( e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the payroll; or employees of subrecipients or subcontractors in covered workplaces). | ||||||
| 34:34:1.1.1.1.28.6.113.9 | 34 | Education | 84 | PART 84—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 84.645 Federal agency or agency. | ED | Federal agency or agency means any United States executive department, military department, government corporation, government controlled corporation, any other establishment in the executive branch (including the Executive Office of the President), or any independent regulatory agency. | ||||||
| 40:40:21.0.1.1.3.1.1.1 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.1 Purpose and scope. | EPA | [86 FR 55206, Oct. 5, 2021] | (a) The purpose of the regulations in this subpart is to implement certain provisions of the American Innovation and Manufacturing Act of 2020 (AIM Act), enacted as part of Public Law 116-260. In particular, the AIM Act imposes limits on the production and consumption of certain regulated substances, according to a specified schedule, which are addressed by this subpart. (b) This subpart applies to any person that produces, transforms, destroys, imports, exports, sells or distributes, offers for sale or distribution, recycles for fire suppression, or reclaims a regulated substance and to end users in the six applications listed in subsection (e)(4)(B)(iv) of the AIM Act. | |||
| 40:40:21.0.1.1.3.1.1.10 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.17 Availability of additional consumption allowances. | EPA | [86 FR 55208, Oct. 5, 2021, as amended at 88 FR 46896, July 20, 2023; 90 FR 41723, Aug. 26, 2025] | A person may obtain at any time during the year, in accordance with the provisions of this section, consumption allowances equivalent to the quantity of regulated substances that the person exported from the United States and its territories to a foreign country in accordance with this section, except for the export of regulated substances produced with a production for export allowance. (a) The exporter must submit to the relevant Agency official a request for consumption allowances setting forth the following: (1) The identities and addresses of the exporter and the recipient of the exports; (2) The exporter's Employer Identification Number; (3) The names, telephone numbers, and email addresses of contact persons for the exporter and the recipient; (4) The quantity (in kilograms) and name of the regulated substances exported; (5) The source of the regulated substances and whether the date purchased was before or after January 1, 2022; (6) The date on which, and the port from which, the regulated substances were exported from the United States or its territories; (7) The country to which the regulated substances were exported; (8) A copy of the bill of lading and the invoice indicating the net quantity (in kilograms) of regulated substances shipped and documenting the sale of the regulated substances to the purchaser; (9) The Harmonized Tariff Schedule codes of the regulated substances exported; (10) Internal Transaction Numbers for all shipments; and (11) All international export declaration documentation ( i.e., electronic export information), which is electronically filed within AES. (b) The relevant Agency official will review the information and documentation submitted under paragraph (a) of this section and will issue a notice to the requestor within 15 working days. (1) The relevant Agency official will determine the quantity of regulated substances that the documentation verifies was exported and issue consumption allowances equivalent to the quantity of regulated substances that were expo… | |||
| 40:40:21.0.1.1.3.1.1.11 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.18 Authorization of production for export allowances. | EPA | [90 FR 41723, Aug. 26, 2025] | (a) EPA will allocate 3,000.0 MTEVe of production for export allowances to Iofina Chemical by October 1 of the calendar year prior to the year in which the allowances may be used for calendar years 2026, 2027, 2028, 2029, and 2030. (b) Production for export allowances cannot be transferred. (c) Any regulated substances produced with production for export allowances must be exported in the same calendar year it was produced. | |||
| 40:40:21.0.1.1.3.1.1.12 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.19 Transfers of allowances. | EPA | [86 FR 55208, Oct. 5, 2021, as amended at 88 FR 46896, July 20, 2023] | (a) Inter-company transfers. As of January 1, 2022, a person (“transferor”) may transfer to any other person (“transferee”) any quantity of the transferor's production allowances, consumption allowances, or application-specific allowances for use by the same type of application, as long as the following conditions are met: (1) An offset equal to five percent of the amount of allowances transferred will be deducted from the transferor's production allowance balance if a transfer is made of production allowances, or deducted from the transferor's consumption allowance balance if a transfer is made of consumption allowances. In the case of transferring application-specific allowances, one percent of the amount of allowances transferred will be deducted from the transferor's application-specific allowance balance. (2) The transferor must submit to the relevant Agency official a transfer claim setting forth the following: (i) The identities and addresses of the transferor and the transferee; (ii) The names, telephone numbers, and email addresses of contact persons for the transferor and the transferee; (iii) The type of allowances being transferred, including the specific application (if applicable), for which allowances are to be transferred; (iv) The quantity (in MTEVe) of allowances being transferred; (v) The total cost of the allowances transferred; (vi) The amount of unexpended allowances of the type and for the year being transferred that the transferor holds under authority of this subpart as of the date the claim is submitted to EPA; (vii) The quantity of the offset to be deducted from the transferor's allowance balance; and (viii) For transfers of application-specific allowances, a signed document from the transferee certifying that the transferee will use the application-specific allowances only for the same application for which the application-specific allowance was allocated. (3) The relevant Agency official will determine whether the records maintained by EPA indicate that the transferor pos… | |||
| 40:40:21.0.1.1.3.1.1.13 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.21 Sale or conveyance of regulated substances produced or imported with application-specific allowances. | EPA | [86 FR 55208, Oct. 5, 2021] | (a) Sale or conveyance of regulated substances produced or imported using application-specific allowances. (1) As of January 1, 2022, any person receiving an application-specific allowance (application-specific seller) may sell or convey regulated substances produced or imported by expending that allowance to another person within the same application (application-specific purchaser) provided that the relevant Agency official approves the sale or conveyance. (2) The application-specific seller must submit a claim to the relevant Agency official for approval before the sale or conveyance can take place. The claim must set forth the following: (i) The identities and addresses of the application-specific seller and the application-specific purchaser; (ii) The name, telephone numbers, and email addresses of contact persons for the application-specific seller and the application-specific purchaser; (iii) The amount of each regulated substance being sold or conveyed; (iv) The cost of the regulated substance being sold or conveyed; (v) The application for which allowances were allocated and the specific products that the application-specific purchaser plans to produce with the regulated substances; and (vi) Certification that the regulated substances will be used only for the same application for which the application-specific allowance under which the substances were produced or imported was allocated. (3) The application-specific purchaser must submit a letter to the relevant Agency official stating that it concurs with the terms of the sale or conveyance as requested by the application-specific seller. (4) Once the claim is complete, and if EPA does not object to the sale or conveyance, the relevant agency official will issue letters to the application-specific seller and the application-specific purchaser within 10 business days indicating that the transaction may proceed. EPA reserves the right to disallow a transaction if the claim is incomplete, or if it has reason to believe that the application-speci… | |||
| 40:40:21.0.1.1.3.1.1.14 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.23 [Reserved] | EPA | |||||
| 40:40:21.0.1.1.3.1.1.15 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.25 Required processes to import regulated substances as feedstocks or for destruction. | EPA | [86 FR 55208, Oct. 5, 2021, as amended at 88 FR 46896, July 20, 2023] | (a)(1) Petition to import regulated substances for use in a process resulting in transformation or destruction. A person must petition the relevant Agency official for the import of each individual shipment of a regulated substance imported for use in a process resulting in transformation or destruction in order to not expend allowances. A petition is required at least 30 days before the shipment is to arrive at a U.S. port, and must contain the following information: (i) Name, Harmonized Tariff Schedule code, and quantity in kilograms of each regulated substance to be imported; (ii) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number; (iii) Name and address of the consignee and the contact person's name, email address, and phone number; (iv) Source country; (v) The U.S. port of entry for the import, the expected date of import, and the vessel transporting the material. If at the time of submitting the petition the entity does not know this information, and the entity receives a non-objection notice for the individual shipment in the petition, the entity is required to notify the relevant Agency official of this information prior to the date of importation (consistent with the definition at 19 CFR 101.1) of the individual shipment into the United States; (vi) Name and address of any intermediary, including a contact person's name, email address and phone number, who will hold the material before the regulated substances are transformed or destroyed; (vii) Name, address, contact person, email address, and phone number of the responsible party at the facility where the regulated substance will be used in a process resulting in the substance's transformation or destruction; (viii) An English translation, if needed, of the export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export; (ix) The capacity of the container; and (x) The uni… | |||
| 40:40:21.0.1.1.3.1.1.16 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.27 Controlling emissions of HFC-23. | EPA | [86 FR 55208, Oct. 5, 2021] | (a) No later than October 1, 2022, as compared to the amount of chemical intentionally produced on a facility line, no more than 0.1 percent of HFC-23 created on the line may be emitted. (1) Requests for extension. The producer may submit a request to the relevant Agency official to request a six-month extension, with a possibility of one additional six-month extension, to meet the 0.1 percent HCFC-23 limit. No entity may have a compliance date later than October 1, 2023. (2) Timing of request. The extension request must be submitted to EPA no later than August 1, 2022, for a first-time extension or February 1, 2023, for a second extension. (3) Content of request. The extension request must contain the following information: (i) Name of the facility submitting the request, contact information for a person at the facility, and the address of the facility. (ii) A description of the specific actions the facility has taken to improve their HFC-23 control, capture, and destruction; the facility's plans to meet the 0.1 percent HFC-23 limit including the expected date by which the equipment will be installed and operating; and verification that the facility has met all applicable reporting requirements. (4) Review of request. Starting on the first working day following receipt by the relevant Agency official of a complete request for extension, the relevant Agency official will initiate review of the information submitted under paragraph (a)(3) of this section and take action within 30 working days. Any grant of a compliance deferral by the relevant Agency official will be made public. (b) Captured HFC-23 is permitted to be destroyed at a different facility than where it is produced. In such instances, HFC-23 emissions during the transportation to and destruction at the different facility will be incorporated into calculations of whether the producer meets the 0.1 percent standard outlined in paragraph (a) of this section. | |||
| 40:40:21.0.1.1.3.1.1.17 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.29 Destruction of regulated substances. | EPA | [86 FR 55208, Oct. 5, 2021] | (a) The following technologies are approved by the Administrator for destruction of all regulated substances except for HFC-23: (1) Cement kiln; (2) Gaseous/fume oxidation; (3) Liquid injection incineration; (4) Porous thermal reactor; (5) Reactor cracking; (6) Rotary kiln incineration; (7) Argon plasma arc; (8) Nitrogen plasma arc; (9) Portable plasma arc; (10) Chemical reaction with hydrogen and carbon dioxide; (11) Gas phase catalytic de-halogenation; and (12) Superheated steam reactor. (b) The following technologies are approved by the Administrator for destruction of HFC-23: (1) Gaseous/fume oxidation; (2) Liquid injection incineration; (3) Reactor cracking; (4) Rotary kiln incineration; (5) Argon plasma arc; (6) Nitrogen plasma arc; (7) Chemical reaction with hydrogen and carbon dioxide; and (8) Superheated steam reactor. | |||
| 40:40:21.0.1.1.3.1.1.18 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.31 Recordkeeping and reporting. | EPA | [86 FR 55201, 55215, Oct. 5, 2021, as amended at 88 FR 46896, July 20, 2023; 90 FR 41723, Aug. 26, 2025] | (a) Recordkeeping and reporting. Any person who produces, imports, exports, transforms, uses as a process agent, destroys, reclaims, or repackages regulated substances or is receiving application-specific allowances must comply with the following recordkeeping and reporting requirements: (1) Reports required by this section must be submitted within 45 days of the end of the applicable reporting period, unless otherwise specified. (2) Reports, petitions, and any related supporting documents must be submitted electronically in a format specified by EPA. (3) Records and copies of reports required by this section must be retained for five years. (4) Quantities of regulated substances must be stated in terms of kilograms unless otherwise specified. (5) Reports are no longer required if an entity notifies the Administrator that they have permanently ceased production, import, export, destruction, transformation, use as a process agent, reclamation, or packaging of regulated substances, but the entity must continue to comply with all applicable recordkeeping requirements. (b) Producers. Persons (“producers”) who produce regulated substances must comply with the following recordkeeping and reporting requirements: (1) One-time report. Within 120 days of January 1, 2022, or within 120 days of the date that a producer first produces a regulated substance, whichever is later, every producer must submit to the Administrator a report describing: (i) The method by which the producer in practice measures daily quantities of regulated substances produced; (ii) Conversion factors by which the daily records as currently maintained can be converted into kilograms of regulated substances produced, including any constants or assumptions used in making those calculations ( e.g., tank specifications, ambient temperature or pressure, density of the regulated substance); (iii) Internal accounting procedures for determining plant-wide production; (iv) The quantity of any fugitive losses accounted for in the production fig… | |||
| 40:40:21.0.1.1.3.1.1.19 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.33 Auditing of recordkeeping and reporting. | EPA | [86 FR 55221, Oct. 5, 2021, as amended at 89 FR 73592, Sept. 11, 2024] | (a) Any person producing, importing, exporting, reclaiming, or recycling for fire suppression a regulated substance, as well as any person receiving application-specific allowances, must arrange for annual third-party auditing of reports submitted to EPA except for persons receiving application-specific allowances for mission-critical military end uses. (b) For producers, importers, and exporters, auditors must review the inputs the regulated entities used to develop quarterly and annual reports including: (1) The amount of production and consumption allowances allocated; (2) The amount, timing, and parties to allowance transfers, and the associated documentation and offset amount; (3) Records documenting the amount of regulated substances imported, exported, produced, and destroyed, transformed, or sent to another entity for such purpose; (4) Records documenting any application-specific allowances allocated or conferred from other companies, including the amounts of allowances conferred, regulated substances purchased and/or sold, the specific application for which the regulated substances were provided, and the names, telephone numbers, and email addresses for contact persons for the recipient companies; (5) The date and the port from which regulated substances were imported or exported; (6) A copy of the bill of lading and the invoice indicating the quantity of regulated substances imported or exported; (7) Relevant Harmonized Tariff Schedule codes; (8) The number and type of railcars, ISO tanks, individual cylinders, drums, small cans, or other containers used to store and transport regulated substances; (9) The inventory of regulated substances as of the end of the prior calendar year; (10) A random sample (5 percent or 10, whichever is higher) of batch testing results; (11) All other reports submitted to EPA under this subpart. (c) For companies issued application-specific allowances by EPA, auditors must review the following: (1) Records documenting the amount of application-specific allowanc… | |||
| 40:40:21.0.1.1.3.1.1.2 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.3 Definitions. | EPA | [86 FR 55201, 55206, Oct. 5, 2021, as amended at 88 FR 46893, July 20, 2023; 88 FR 46894, July 20, 2023; 90 FR 41720, Aug. 26, 2025] | As used in this subpart, the term: Administrator means the Administrator of the United States Environmental Protection Agency or his or her authorized representative. Allowance means a limited authorization for the production or consumption of a regulated substance established under subsection (e) of section 103 in Division S, Innovation for the Environment, of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260) (the AIM Act). An allowance allocated under subsection (e) of section 103 in Division S of the AIM Act does not constitute a property right. Application-specific allowance means a limited authorization granted in accordance with subsection (e)(4)(B)(iv) of the AIM Act for the production or import of a regulated substance for use in the specifically identified applications that are listed in that subsection and in accordance with the restrictions contained at § 84.5(c). An application-specific allowance does not constitute a property right. Batch means a vessel, container, or cylinder from which a producer, importer, reclaimer, recycler, or repackager transfers regulated substances directly for sale or distribution, or for repackaging for sale or distribution; or a population of small vessels, containers, or cylinders with the same nominal composition that a producer, importer, reclaimer, recycler, or repackager directly offers for sale or distribution. Berth means to moor a ship in its allotted place at a wharf or dock. Bulk means a regulated substance of any amount that is in a container for the transportation or storage of that substance such as cylinders, drums, ISO tanks, and small cans. A regulated substance that must first be transferred from a container to another container, vessel, or piece of equipment in order to realize its intended use is a bulk substance. A regulated substance contained in a manufactured product such as an appliance, an aerosol can, or a foam is not a bulk substance. Certificate of analysis means a document that certifies the contents of an import meets … | |||
| 40:40:21.0.1.1.3.1.1.20 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.35 Administrative consequences. | EPA | [86 FR 55221, Oct. 5, 2021] | (a) The relevant agency official may retire, revoke, or withhold the allocation of allowances, or ban a company from receiving future allowance allocations, using the process outlined in paragraph (b) of this section. Applying an administrative consequence to retire, revoke, or withhold allocation of allowances does not, in any way, limit the ability of the United States to exercise any other authority to bring an enforcement action under any applicable law or regulation. (b) The relevant agency official will provide a company notice if the Agency intends to retire, revoke, or withhold allocation of allowances, or ban the company from receiving future allowance allocations. The notice will specify the conduct leading to the administrative consequence and what the consequence will be. The relevant agency official will provide such notice no less than 30 days before the impending consequence. (1) After the relevant agency official provides notice of an impending administrative consequence, the company for which such consequence is pending may not expend, transfer, or confer any allowances. (2) Any company receiving such a notification may provide information or data to EPA on why the administrative consequence should not be taken within 14 days of the date of the EPA's notice. (3) If EPA does not receive a response within 14 days of the date of the Agency notice of impending administrative consequence, the administrative consequences will be effective on the date specified in the notice. | |||
| 40:40:21.0.1.1.3.1.1.21 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.37 Incorporation by reference. | EPA | [88 FR 46898, July 20, 2023, as amended at 88 FR 46898, July 20, 2023] | Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at EPA and at the National Archives and Records Administration (NARA). Contact EPA at: U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC, 202-566-1742. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material also may be obtained from the following sources. (a) Air-Conditioning, Heating, and Refrigeration Institute (AHRI), 2311 Wilson Boulevard, Suite 400, Arlington, VA 22201; phone: 703.524.8800; website: www.ahrinet.org. (1) 2008 Appendix C to AHRI Standard 700-2014, 2008 Appendix C for Analytical Procedures for AHRI Standard 700-2014—Normative, copyright 2008; into § 84.5(i). (2) AHRI RTL OM December 2019, Refrigerant Testing Laboratory Certification Program Operations Manual, copyright 2019; IBR approved for § 84.3. (3) AHRI General OM—January 2023, General Operations Manual, copyright 2022; IBR approved for § 84.3. (b) ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428; phone: 610.832.9500; email: service@astm.org; website: www.astm.org/. (1) ASTM D6064-11 (reapproved 2022), Standard Specification for HFC-227ea, 1,1,1,2,3,3,3-Heptafluoropropane (CF 3 CHFCF 3 ), approved November 1, 2022; IBR approved for § 84.5(i). (2) ASTM D6231/D6231M-21, Standard Specification for HFC-125 (Pentafluoroethane, C2HF5), approved June 1, 2021; IBR approved for § 84.5(i). (3) ASTM D6541-21, Standard Specification for HFC-236fa, 1,1,1,3,3,3-Hexafluoropropane, (CF3CH2CF3), approved June 1, 2021; IBR approved for § 84.5(i). (4) ASTM D6806-02 (reapproved 2022), Standard Practice for Analysis of Halogenated Organic Solvents and Their Admixtures by Gas Chromatography, approv… | |||
| 40:40:21.0.1.1.3.1.1.3 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.5 Prohibitions relating to regulated substances. | EPA | [86 FR 55206, Oct. 5, 2021, as amended at 88 FR 46894, July 20, 2023; 89 FR 73592, Sept. 11, 2024; 90 FR 41721, Aug. 26, 2025] | (a) Production. (1) As of January 1, 2022, no person may produce regulated substances, intentionally or unintentionally, in excess of the quantity of unexpended production allowances and consumption allowances, unexpended production for export allowances, or unexpended application-specific allowances held by that person under the authority of this subpart at that time in that control period. Every kilogram of production in excess of allowances expended constitutes a separate violation of this subpart. The required amount of allowances that must be expended will be calculated to the tenth with a minimum expenditure of 0.1 allowances for any production of regulated substances. (2) As of January 1, 2022, no person may expend production allowances to produce a quantity of regulated substances unless that person expends an equal quantity of consumption allowances at the same time. (3) A person is not required to expend production, consumption, or application-specific allowances to produce regulated substances if the regulated substances are destroyed using a technology approved by the Administrator for destruction under § 84.29 within 30 days of generating the regulated substance if the destruction technology is located at the facility where production occurred or 120 days of generating the regulated substance if the destruction technology is not located at the facility where production occurred. (4) No person may expend production or consumption allowances for generation of HFC-23 that is emitted at the same facility as where it is produced. Consistent with this prohibition, prior to the emissions standard compliance date established in § 84.27, neither production nor consumption allowances are required for HFC-23 emitted at the same facility as where it is produced. (b) Import. This paragraph applies starting January 1, 2022. (1) No person may import bulk regulated substances, either as a single component or a multicomponent substance, except: (i) If the importer of record possesses at the time they are re… | |||
| 40:40:21.0.1.1.3.1.1.4 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.7 Phasedown schedule. | EPA | [86 FR 55201, Oct. 5, 2021, as amended at 88 FR 44225, July 12, 2023; 88 FR 46895, July 20, 2023] | (a) Phasedown from baseline. Total production and consumption of regulated substances in the United States in each year cannot exceed the amounts (shown as a percentage of baseline) in the following table: (b) Annual production and consumption limits. (1) The production baseline for regulated substances is 382,535,439 metric tons of exchange value equivalent. (2) The consumption baseline for regulated substances is 302,538,316 metric tons of exchange value equivalent. (3) Total production and consumption in metric tons of exchange value equivalent for regulated substances in the United States in each year is derived by multiplying the production baseline or consumption baseline by the percentage in paragraph (a) of this section. Total production and consumption allowances issued under this subpart may not exceed the quantities shown in the following table: Table 2 to Paragraph ( b )(3) | |||
| 40:40:21.0.1.1.3.1.1.5 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.9 Allocation of calendar-year production allowances. | EPA | [86 FR 55201, Oct. 5, 2021, as amended at 88 FR 46895, July 20, 2023; 90 FR 41721, Aug. 26, 2025] | (a) The relevant agency official will issue, through a separate notification, calendar year 2022 and 2023 production allowances to entities that produced a regulated substance in 2020. The number of production allowances allocated to each eligible entity for 2022-2023 is calculated as follows: (1) Take the average of the three highest annual exchange value-weighted production amounts that each eligible entity reported to the agency for calendar years 2011 through 2019; (2) Sum the “average high year” values determined in step 1 of all eligible entities and determine each entity's percentage of that total; (3) Determine the amount of general pool production allowances by subtracting the quantity of application-specific allowances for that year as determined in accordance with § 84.13 and the set-aside in § 84.15 from the production cap in § 84.7(b)(3); (4) Determine individual entities' production allowance quantities by multiplying each entity's percentage determined in step 2 by the amount of general pool allowances determined in step 3. (b) Starting with the allocation of 2024 calendar years allowances, the relevant Agency official will issue, through a separate notification, calendar year production allowances to entities that produced a regulated substance in 2021 or 2022, or both 2021 and 2022. The allocation of calendar years 2024, 2025, 2026, 2027, and 2028 production allowances is calculated as follows for each entity: (1) Take the average of the three highest annual exchange value-weighted production amounts that each eligible entity reported to the Agency for calendar years 2011 through 2019. If an entity, or commonly owned or controlled group of entities, does not have consumption amounts for three years between calendar years 2011 through 2019, the relevant Agency official will take the average of available year(s) of consumption for calendar years 2011 through 2019; (2) Sum every entity's average values determined in paragraph (b)(1) of this section and determine each entity's percentage of th… | |||
| 40:40:21.0.1.1.3.1.1.6 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.11 Allocation of calendar-year consumption allowances. | EPA | [86 FR 55201, Oct. 5, 2021, as amended at 88 FR 46896, July 20, 2023; 90 FR 41721, Aug. 26, 2025] | (a) The relevant agency official will issue, through a separate notification, calendar years 2022 and 2023 consumption allowances to entities that imported or produced a bulk regulated substance in 2020, unless an individual accommodation is permitted by a relevant Agency official. If multiple entities that imported are related through shared corporate or common ownership or control, the relevant agency official will calculate and issue allowances to a single corporate or common owner. The number of consumption allowances allocated to each eligible entity for 2022-2023 is calculated as follows: (1) Take the average of the three highest annual exchange value-weighted consumption amounts chosen at the corporate or common ownership level for eligible entities reporting to the agency for each calendar year 2011 through 2019; (2) Sum the “average high year” values determined in step 1 of all eligible entities and determine each entity's percentage of that total; (3) Determine the amount of general pool consumption allowances by subtracting the quantity of application-specific allowances for that year as determined in accordance with § 84.13 and the set-aside in § 84.15 from the consumption cap § 84.7(b)(3); (4) Determine individual entity consumption allowance quantities by multiplying each entity's percentage determined in step 2 by the amount of general pool allowances determined in step 3. (b) Starting with the allocation of 2024 calendar years allowances the relevant Agency official will issue, through a separate notification, calendar year consumption allowances. The allocation of calendar year 2024, 2025, 2026, 2027, and 2028 consumption allowances is calculated as follows for each entity: (1) For new market entrants that were allocated allowances pursuant to § 84.15(e)(3), take the allowances allocated for calendar year 2023 and divide that value by the proportion of calendar year 2023 consumption allowances received by general pool allowance holders pursuant to paragraph (a) of this section relative to t… | |||
| 40:40:21.0.1.1.3.1.1.7 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.13 Allocation of application-specific allowances. | EPA | [86 FR 55201, 55208, Oct. 5, 2021, as amended at 90 FR 41721, Aug. 26, 2025] | (a) Application-specific allowances are available to entities for calendar years as designated that use a regulated substance in the following applications: (1) As a propellant in metered dose inhalers for calendar years 2022-2030; (2) In the manufacture of defense sprays for calendar years 2022-2025; (3) In the manufacture of structural composite preformed polyurethane foam for marine use and trailer use for calendar years 2022-2030; (4) In the etching of semiconductor material or wafers and the cleaning of chemical vapor deposition chambers within the semiconductor manufacturing sector for calendar years 2022-2030; (5) For mission-critical military end uses for calendar years 2022-2030; (6) For on board aerospace fire suppression for calendar years 2022-2030; and (7) For any application designated as eligible for application-specific allowances pursuant to § 84.14, but in all instances for no longer than calendar year 2030. (b) Entities identified in paragraph (a) of this section must request application-specific allowances by July 31 of the calendar year prior to the year in which the allowances may be used starting with the calendar year 2023 allocation. The application must include the information required in § 84.31(h)(2) except for applications for mission-critical military end uses, which must include the information required in § 84.31(h)(3). (1) Entities must provide additional information if requesting that EPA consider unique circumstances that are not reflected by the rates of growth calculated in paragraph (c)(1) of this section, including supporting documentation that verifies this need. The relevant agency official will consider the following situations as unique circumstances: (i) Demonstrated manufacturing capacity coming on line; (ii) The acquisition of another domestic manufacturer or its manufacturing facility or facilities; (iii) A global pandemic, other public health emergency, or other healthcare system needs related to increased patients diagnosed with medical conditions treat… | |||
| 40:40:21.0.1.1.3.1.1.8 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.14 Petition for designation of an application as eligible for application-specific allowances. | EPA | [90 FR 41722, Aug. 26, 2025] | (a) Petitions filed pursuant to 42 U.S.C. 7675(e)(4)(B)(ii) requesting the designation of an application as eligible for application-specific allowances must include: (1) A description of the application, including an explanation of what the application is, what purpose or function it achieves, and what populations or commercial products benefit from the application; (2) A list of regulated substance(s) and description of their use(s) in the application and an explanation as to why regulated substances are required in the application; (3) Evidence that no safe or technically achievable substitute, including not-in-kind technologies, is or is expected to be available, and that the petitioner has conducted research to evaluate substitutes for the regulated substance(s); (4) Evidence that supply of the regulated substance(s) used in the application is insufficient to accommodate the application; (5) A signed certification from a responsible corporate officer at the requesting entity that the application cannot use recovered and reprocessed regulated substance in conjunction with or in place of virgin regulated substance, either due to demonstrated lack of technical achievability or insufficient supply, and an explanation and evidence documenting why recovered and reprocessed regulated substance cannot be used for the application; (6) Total quantity (in kilograms) of all regulated substances acquired and used by each individual entity submitting the petition for use in the application specified in the petition in each of the previous three years, including records documenting that quantity; (7) The name of the entity or entities supplying regulated substances and contact information for those suppliers over the past three years; (8) Total quantity (in kilograms) of each regulated substance held in inventory for use in the application specified in the petition by each entity submitting the petition as of the date the petition is submitted; (9) An estimate of the total quantity of regulated substances the peti… | |||
| 40:40:21.0.1.1.3.1.1.9 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.15 Set-aside of application-specific allowances, production allowances, and consumption allowances. | EPA | [86 FR 55201, Oct. 5, 2021, as amended at 90 FR 41722, Aug. 26, 2025] | (a) Total allowances available under this section to be allocated for calendar years 2022 and 2023 are: (1) Up to 7.5 million metric tons of exchange value equivalent consumption allowances annually for calendar years 2022 and 2023. (2) Up to 2.5 million metric tons of exchange value equivalent production allowances for calendar years 2022 and 2023. (b)(1) Consumption and production allowances in paragraph (a) of this section are available in the form of application-specific allowances to entities that qualify for application-specific allowances under § 84.13 that were not issued allowances as of October 1, 2021. (2) Entities must provide the relevant Agency official with the information contained in § 84.13 by November 30, 2021 to be eligible for consideration. (c) Consumption allowances in paragraph (a) of this section are available to either: (1) Persons who imported regulated substances in 2020 that were not required to report under 40 CFR part 98 and were not issued allowances as of October 1, 2021; or (2) Persons who are newly importing regulated substances, do not share corporate or common ownership, corporate affiliation in the past five years, or familial relations with entities receiving allowances through this rule. (d)(1) Persons who meet the criteria listed in paragraph (c)(1) of this section must provide the relevant Agency official with the following information by November 30, 2021, to be eligible for consideration: (i) Name and address of the company, the complete ownership of the company (with percentages of ownership), and contact information for a designated representative at the company; (ii) The following information on an annual basis for all years between 2011 and 2020 where the person imported regulated substances: (A) The total quantity (in kilograms) imported of each regulated substance each year, including each shipment, dates of and port of entry for each import, and country from which the imported regulated substances were imported; (B) The Harmonized Tariff Schedule code… | |||
| 40:40:21.0.1.1.3.2.1.1 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.50 Purpose. | EPA | The purpose of the regulations in this subpart is to implement subsection (i) of 42 U.S.C. 7675, with respect to establishing restrictions on the use of a regulated substance in the sector or subsector in which the regulated substance is used, and to provide requirements associated with the submission of petitions seeking such restrictions. | ||||
| 40:40:21.0.1.1.3.2.1.2 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.52 Definitions. | EPA | For the terms not defined in this subpart but that are defined in § 84.3, the definitions in § 84.3 shall apply. For the purposes of this subpart: Blend containing a regulated substance means any mixture that contains one or more regulated substances. Export means the transport of a product or specified component using a regulated substance from inside the United States or its territories to persons outside the United States or its territories, excluding United States military bases and ships for onboard use. Exporter means the person who contracts to sell any product or specified component using a regulated substance for export or transfers a product or specified component using a regulated substance to an affiliate in another country. Importer means any person who imports any product or specified component using or intended for use with a regulated substance into the United States. Importer includes the person primarily liable for the payment of any duties on the merchandise or an authorized agent acting on his or her behalf. The term also includes: (1) The consignee; (2) The importer of record; (3) The actual owner; or (4) The transferee, if the right to withdraw merchandise from a bonded warehouse has been transferred. Install means to complete a field-assembled system's circuit, including charging with a full charge, such that the system can function and is ready for use for its intended purpose. Manufacture means to complete the manufacturing and assembly processes of a product or specified component such that it is ready for initial sale, distribution, or operation. Product means an item or category of items manufactured from raw or recycled materials which performs a function or task and is functional upon completion of manufacturing. The term includes, but is not limited to: appliances, foams, fully formulated polyols, self-contained fire suppression devices, aerosols, pressurized dispensers, and wipes. Retrofit means to upgrade existing equipment where the regulated substance is chan… | ||||
| 40:40:21.0.1.1.3.2.1.3 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.54 Restrictions on the use of hydrofluorocarbons. | EPA | [88 FR 73205, Oct. 24, 2023; 88 FR 88832, Dec. 26, 2023, as amended at 89 FR 100392, Dec. 12, 2024; 90 FR 41724, Aug. 26, 2025] | (a) No person may manufacture or import any product in the following sectors or subsectors that uses a regulated substance as listed in this paragraph: (1) Effective January 1, 2025, self-contained residential and light commercial air conditioning and heat pump products using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (2) Effective January 1, 2025, residential dehumidifiers using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (3) Effective January 1, 2025, household refrigerators and freezers using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (4) Effective January 1, 2025, retail food refrigeration—stand-alone units using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (5) Effective January 1, 2025, vending machines using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (6) Effective January 1, 2025, refrigerated transport—intermodal containers with the temperature of the refrigerant entering the evaporator (for direct heat exchange systems) or the temperature of the fluid exiting (for chillers) of −50 °C (−58 °F) or higher using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (7) Effective January 1, 2025, self-contained products in refrigerated transport—road and refrigerated transport—marine subsectors using any of the following: R-402A, R-402B, R-404A, R-407B, R-408A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-428A, R-434A, R-438A, R-507A, R-125/290/134a/600a (55/1/42.5/1.5), RS-44 (2003 formulation) or GHG-X5; (8) Self-contained automatic commercial ice machines as follows: (i) Effective January 1, 2026, ice maker products with a harvest rate … | |||
| 40:40:21.0.1.1.3.2.1.4 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.56 Exemptions. | EPA | (a) The regulations under this subpart, including §§ 84.54, 84.58, 84.60, and 84.62, do not apply to: (1) Equipment in existence in the United States prior to December 27, 2020; and (2) Any product using a regulated substance or a blend containing a regulated substance, or intended to use a regulated substance or a blend containing a regulated substance, in an application listed at § 84.13(a), for a year or years for which that application receives an application-specific allowance as defined at § 84.3. (b) The prohibitions on the manufacture, import, sale, distribution, offer for sale or distribution, or export of products in § 84.54(a) and (b) do not apply to components that use, or are intended to use, any regulated substance. (c) The prohibitions on the sale, distribution, offer for sale or distribution, or export of products in § 84.54(b) do not apply to: (1) Products after a period of ordinary utilization or operation by a consumer; or (2) Products within the disposal or recycling chain. (d) The prohibition on the import of used products in § 84.54(a) does not apply to: (1) Systems in use by a conveyance in trade travelling into U.S. jurisdiction including refrigeration, air-conditioning, and heat pump systems in operation aboard ships, planes, motor vehicles, and intermodal containers; (2) Products in the possession of a consumer for personal use; or (3) Products imported solely for recycling or disposal. | ||||
| 40:40:21.0.1.1.3.2.1.5 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.58 Labeling. | EPA | (a) Effective upon the dates listed for each subsector in § 84.54(a) and (c), any product, specified component, or system manufactured, imported, or installed within the refrigeration, air-conditioning, and heat pump sector using any regulated substance, or blend containing any regulated substance, regardless of global warming potential must have a permanent label compliant with paragraph (d) of this section stating: (1) The chemical name(s) or American Society of Heating, Refrigerating and Air-Conditioning Engineers designation of the regulated substance(s) or blend containing a regulated substance; (2) The full date, or at minimum the four-digit year, of manufacture. For field-charged system installations, this shall be the date of first charge and the label shall be completed at first charge. For MVACs listed in § 84.54(a)(13)(i) and (ii), the model year may be used instead of the date of manufacture. (3) An indication of the full refrigerant charge capacity, either as the specific charge size of the system, or the charge size as it relates to the threshold for the relevant subsector. This means an indication that the charge is either two hundred pounds or more, or less than two hundred pounds, in the following subsectors: (i) Industrial process refrigeration (without chillers); (ii) Retail food refrigeration—supermarket systems; (iii) Retail food refrigeration—remote condensing units; and (iv) Cold storage warehouses. (4) An indication of the charge size of the equipment or the charge size as it relates to the threshold for self-contained refrigerated food processing and dispensing products. This means an indication that the charge is greater than or equal to 500 grams, or less than 500 grams. (5) An indication of the harvest rate, either as the specific harvest rate of the equipment, or the harvest rate as it relates to the threshold for self-contained automatic commercial ice machines, and the type of ice machine (either batch or continuous). This means an indication that that harvest rate is eithe… | ||||
| 40:40:21.0.1.1.3.2.1.6 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.60 Reporting and recordkeeping. | EPA | (a) Reporting. (1) Effective January 1, 2025, any person who imports or manufactures a product or specified component within a sector or subsector listed in § 84.54 that uses or is intended to use a regulated substance or blend containing a regulated substance must comply with the following reporting and recordkeeping requirements: (i) Reports must be submitted annually to EPA within 90 days of the end of the reporting period; (ii) Reports must be submitted electronically in a format specified by EPA; (iii) Each report shall be signed and attested; (2) Each report must include: (i) The reporting entity's name, address, contact person, email address, and phone number of the contact person; (ii) The year covered under the report and the date of submittal; (iii) All applicable NAICS code(s); and (iv) A statement of certification that the data are accurate and that the products use regulated substances, or blends containing regulated substances, that meet the requirements of § 84.54, and are labeled in accordance with § 84.58. (3) Reports for products and specified components in the refrigeration, air-conditioning, and heat pump sector must also include the following information: (i) For each set of products or specified components with the same combination of charge size and regulated substance(s), the report must specify the subsector of the product or specified component based on the categorization in § 84.54; the identity of the regulated substance or blend containing a regulated substance, the charge size (including holding charge or no charge, if applicable), and the number of units imported, manufactured, and exported; (ii) For products and specified components that include closed-cell foam containing a regulated substance, the report must include the identity of the regulated substance(s) in the foam, the mass of the regulated substance(s) in the foam, and the number of products manufactured, imported, or exported with the same combination of mass and identity of regulated substance(s) within the… | ||||
| 40:40:21.0.1.1.3.2.1.7 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.62 Technology transitions petition requirements. | EPA | (a) Each petition sent to the Administrator under subsection (i) of the AIM Act shall include the following elements: (1) The sector and subsector(s) for which restrictions on use of the regulated substance would apply. (2) For each sector and subsector identified in a petition, the restriction on the use of a regulated substance through any of the following: (i) A global warming potential limit that will apply to regulated substances or blends containing regulated substances with global warming potentials at or above that limit; (ii) Identification of the regulated substance(s) or blend(s) containing a regulated substance to be restricted and its global warming potential according to § 84.64; or (iii) Another form of restriction with an explanation for why a restriction under paragraph (a)(2)(i) or (ii) of this section would not be appropriate. (3) For each restriction on the use of a regulated substance contained in a petition, the effective date on which the regulated substance use restriction would commence and information supporting the identified effective date. (4) Address whether the Administrator negotiate with stakeholders in accordance with the negotiated rulemaking procedure provided for under subchapter III of chapter 5 of title 5, United States Code, including an explanation of their position to support or oppose the use of the negotiated rulemaking procedure. (5) For each requested restriction, to the extent practicable, information related to the considerations provided in subsection (i)(4) of 42 U.S.C. 7675 to facilitate the Agency's review of the petition. (b) Any petition submitted to the Administrator must be submitted electronically using the methods prescribed by the Administrator. | ||||
| 40:40:21.0.1.1.3.2.1.8 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.64 Global warming potentials. | EPA | (a) The global warming potential of a regulated substance is the exchange value for the regulated substance listed in subsection (c) of the AIM Act and in appendix A to this part 84. (b) For blends containing a regulated substance, the global warming potential of the blend is the sum of the global warming potentials of each constituent of the blend multiplied by the nominal mass fraction of that constituent within the blend. The global warming potential of each constituent shall be as follows: Table 1 to Paragraph (b) (c) For constituents of a blend containing a regulated substance that do not have a global warming potential as provided in paragraph (b) of this section, the constituent and its nominal mass fraction in the blend shall be excluded from the calculation in paragraph (b). | ||||
| 40:40:21.0.1.1.3.3.1.1 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.100 Purpose. | EPA | The purpose of the regulations in this subpart is to implement subsection (h) of 42 U.S.C. 7675, including with respect to establishing requirements to control practices, processes, or activities regarding the servicing, repair, disposal, or installation of equipment, for purposes of maximizing reclaiming, minimizing the release of regulated substances from equipment, and ensuring the safety of technicians and consumers. | ||||
| 40:40:21.0.1.1.3.3.1.10 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.118 Treatment of data submitted under 40 CFR part 84, subpart C | EPA | (a) Except as otherwise provided in this section, 40 CFR 2.201 through 2.215 and 2.301 do not apply to data submitted under this subpart that EPA has determined through rulemaking to be either of the following: (1) Emission data, as defined in 40 CFR 2.301(a)(2), determined in accordance with section 114(c) and 307(d) of the Clean Air Act; or (2) Data not otherwise entitled to confidential treatment. (b) Except as otherwise provided in paragraph (d) of this section, 40 CFR 2.201 through 2.208 and 2.301(c) and (d) do not apply to data submitted under this subpart that EPA has determined through rulemaking to be entitled to confidential treatment. EPA shall treat that information as confidential in accordance with the provisions of 40 CFR 2.211, subject to paragraph (d) of this section and 40 CFR 2.209. (c) Upon receiving a request under 5 U.S.C. 552 for data submitted under this subpart that EPA has determined through rulemaking to be entitled to confidential treatment, the relevant Agency official shall furnish the requestor a notice that the information has been determined to be entitled to confidential treatment and that the request is therefore denied. The notice shall include or cite to the appropriate EPA determination. (d) A determination made through rulemaking that information submitted under this subpart is entitled to confidential treatment shall continue in effect unless, subsequent to the confidentiality determination through rulemaking, EPA takes one of the following actions: (1) EPA determines through a subsequent rulemaking that the information is emission data or data not otherwise entitled to confidential treatment; or (2) The Office of General Counsel issues a final determination, based on the requirements of 5 U.S.C. 552(b)(4), stating that the information is no longer entitled to confidential treatment because of change in the applicable law or newly discovered or changed facts. Prior to making such final determination, EPA shall afford the business an opportunity to submit comments on … | ||||
| 40:40:21.0.1.1.3.3.1.11 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.120 Relationship to other laws. | EPA | Section (k) of the AIM Act states that sections 113, 114, 304, and 307 of the Clean Air Act (42 U.S.C. 7413, 7414, 7604, 7607) shall apply to this section and any rule, rulemaking, or regulation promulgated by the Administrator pursuant to this section as though this section were expressly included in title VI of that Act (42 U.S.C. 7671 et seq. ). Violation of this part is subject to Federal enforcement and the penalties laid out in section 113 of the Clean Air Act. | ||||
| 40:40:21.0.1.1.3.3.1.2 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.102 Definitions. | EPA | For the terms not defined in this subpart but that are defined in § 84.3, the definitions in § 84.3 shall apply. For the purposes of this subpart C: Certified technician means a technician that has been certified per the provisions at 40 CFR 82.161. Comfort cooling means the refrigerant-containing appliances used for air conditioning to provide cooling in order to control heat and/or humidity in occupied facilities including but not limited to residential, office, and commercial buildings. Comfort cooling appliances include but are not limited to chillers, commercial split systems, dual-function heat pumps, and packaged roof-top units. Commercial refrigeration means the refrigerant-containing appliances used in the retail food and cold storage warehouse subsectors. Retail food appliances include the refrigerant-containing appliances found in supermarkets, convenience stores, restaurants, and other food service establishments. Cold storage includes the refrigerant-containing appliances used to store meat, produce, dairy products, and other perishable goods. Component, as it relates to a refrigerant-containing appliance, means a part of the refrigerant circuit within an appliance including but not limited to compressors, condensers, evaporators, receivers, and all of its connections and subassemblies. Custom-built means that the industrial process refrigeration equipment or any of its components cannot be purchased and/or installed without being uniquely designed, fabricated and/or assembled to satisfy a specific set of industrial process conditions. Disposal, as it relates to refrigerant-containing equipment, means the process leading to and including: (1) The discharge, deposit, dumping, or placing of any discarded refrigerant-containing equipment into or on any land or water; (2) The disassembly of any refrigerant-containing equipment for discharge, deposit, dumping, or placing of its discarded component parts into or on any land or water; (3) The vandalism of any refrigerant-containing equipment … | ||||
| 40:40:21.0.1.1.3.3.1.3 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.104 Prohibitions. | EPA | (a) Sale of recovered refrigerant. No person may sell, distribute, or transfer to a new owner, or offer for sale, distribution, or transfer to a new owner, any regulated substance used as a refrigerant in stationary refrigerant-containing equipment consisting in whole or in part of recovered regulated substances, unless the recovered regulated substance: (1) Has been reclaimed by a person who has been certified as a reclaimer under 40 CFR 82.164 and has been reclaimed by being reprocessed to all of the specifications in appendix A to 40 CFR part 82, subpart F that are applicable to that regulated substance and verified to meet these specifications using the analytical methodology prescribed in section 5 of appendix A to 40 CFR part 82, subpart F; or (2) Is sold, distributed, or transferred to a new owner, or offered for sale, distribution, or transfer to a new owner solely for the purposes of being reclaimed or destroyed. (b) [Reserved] | ||||
| 40:40:21.0.1.1.3.3.1.4 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.106 Leak repair. | EPA | (a) Applicability. This section applies to refrigerant-containing appliances with a full charge of 15 or more pounds of refrigerant where the refrigerant contains: (1) A regulated substance, (2) A substitute for a regulated substance that has a global warming potential greater than 53, based on the global warming potentials listed in table 1 of § 84.64(b). (3) Notwithstanding the criteria in paragraphs (a)(1) and (2) of this section, the requirements of this section do not apply to: (i) Appliances (as defined in 40 CFR 82.152) containing solely an ozone-depleting substance as listed in 40 CFR part 82, subpart A as a refrigerant; (ii) Refrigerant-containing appliances used for the residential and light commercial air conditioning and heat pump subsector. (4) The requirements of this section apply as of January 1, 2026. (b) Leak rate calculation. Persons adding or removing refrigerant from a refrigerant-containing appliance must, upon conclusion of that installation, service, repair, or disposal, provide the owner or operator with documentation that meets the applicable requirements of paragraph (l)(2) of this section. The owner or operator must calculate the leak rate every time refrigerant is added to an appliance unless the addition is made immediately following a retrofit, installation of a new refrigerant-containing appliance, or qualifies as a seasonal variance. (1) Where an owner or operator is using the annualizing method to calculate a leak rate for a refrigerant-containing appliance for the first time after January 1, 2026, the calculation should substitute 365 days as the number of days since last refrigerant addition. (2) Where an owner or operator is using the rolling average method to calculate a leak rate for a refrigerant-containing appliance for the first time after January 1, 2026, the calculation should substitute pounds of refrigerant added since January 1, 2026. (3) An owner or operator may switch to a different leak rate calculation methodology only if the following requirements … | ||||
| 40:40:21.0.1.1.3.3.1.5 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.108 Automatic leak detection systems. | EPA | (a) Owners or operators of refrigerant-containing appliances used for industrial process refrigeration or commercial refrigeration with a full charge of 1,500 pounds or greater of a refrigerant containing a regulated substance or a substitute for a regulated substance with a global warming potential greater than 53 must install and use an automatic leak detection system in accordance with this section. (1) If the refrigerant in a refrigerant-containing appliance contains a substitute for a regulated substance, whether the global warming potential of the substitute is greater than 53 will be determined as described in § 84.106(a)(2). (2) [Reserved] (b)(1) Owners and operators of refrigerant-containing appliances that are subject to the requirements under paragraph (a) of this section and that are installed on or after January 1, 2026, must install and use an automatic leak detection system upon installation of the refrigerant-containing appliance or within 30 days of installation of the refrigerant-containing appliance. (2) Owners and operators of refrigerant-containing appliances that are subject to the requirements under paragraph (a) of this section and that were installed on or after January 1, 2017, and before January 1, 2026, must install and use an automatic leak detection system by January 1, 2027. (c) Automatic leak detection systems must be installed in accordance with manufacturer instructions. (d) Automatic leak detection systems must be audited and calibrated annually. (e) Automatic leak detection systems are required to monitor components located inside an enclosed building or structure. (f) For automatic leak detection systems that directly detect the presence of a refrigerant in air, the system must: (1) Have sensors or intakes placed so that they will continuously monitor the refrigerant concentrations in air in proximity to the compressor, evaporator, condenser, and other areas with a high potential for a refrigerant leak; (2) Accurately detect a concentration level of 10 parts per mill… | ||||
| 40:40:21.0.1.1.3.3.1.6 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.110 Emissions from fire suppression equipment. | EPA | (a) As of January 1, 2026, no person installing, servicing, repairing, or disposing of fire suppression equipment containing a regulated substance may knowingly vent or otherwise release into the environment any regulated substances used in such equipment. (1) Release of regulated substances during testing of fire suppression equipment is not subject to the prohibition under this paragraph (a) if the following four conditions are met: (i) Equipment employing suitable alternative fire suppression agents are not available; (ii) Release of fire suppression agent is essential to demonstrate equipment functionality; (iii) Failure of the system or equipment would pose great risk to human safety or the environment; and (iv) A simulant agent cannot be used in place of the regulated substance for testing purposes. (2) The prohibition under this paragraph (a) does not apply to qualification and development testing during the design and development process of fire suppression equipment containing regulated substances when such tests are essential to demonstrate equipment functionality and when a suitable simulant agent cannot be used in place of the regulated substance for testing purposes. (3) The prohibition under this paragraph (a) does not apply to the emergency release of regulated substances for the legitimate purpose of fire extinguishing, explosion inertion, or other emergency applications for which the fire suppression equipment was designed. (b) As of January 1, 2026, no owner or operator of fire suppression equipment containing regulated substances shall allow the release of regulated substances to occur as a result of failure to maintain such fire suppression equipment. (c) As of January 1, 2030, recycled regulated substances must be used for the initial installation of new fire suppression equipment, including both total flooding systems and streaming applications, that is installed in the United States. As of January 1, 2026, recycled regulated substances must be used for the servicing and/or repair o… | ||||
| 40:40:21.0.1.1.3.3.1.7 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.112 Reclamation. | EPA | (a) Reclamation Standard. As of January 1, 2026, no person may sell, identify, or report refrigerant as being reclaimed for use in the installation, servicing, or repair of refrigerant-containing equipment if the regulated substance component of the resulting refrigerant contains more than 15 percent, by weight, of virgin regulated substance. (b) Bona fide use. No person may sell, identify, or report refrigerant as being reclaimed if it contains any recovered regulated substance that has not had bona fide use in equipment, unless that refrigerant was removed from the heel or residue of a container that had a bona fide use in the servicing, repair, or installation of refrigerant-containing equipment. (c) Labeling. As of January 1, 2026, reclaimers certified under 40 CFR 82.164 must affix a label to any container they fill that is being sold or distributed or offered for sale or distribution and that contains reclaimed regulated substances to certify that the contents do not exceed 15 percent, by weight, of virgin regulated substances. (1) The label must read: “The contents of this container do not exceed the limit of 15 percent, by weight, on virgin regulated substance per 40 CFR 84.112(a) .” (2) The label must be: (i) In English; (ii) Durable and printed or otherwise labeled on, or affixed to, an external surface of the container; (iii) Readily visible and legible; (iv) Able to withstand open weather exposure without a substantial reduction in visibility or legibility; and (v) Displayed on a background of contrasting color. (d) Recordkeeping. As of January 1, 2026, reclaimers certified under 40 CFR 82.164 must generate a record to certify that the reclaimed regulated substance(s) being used to fill a container that will be sold or distributed or offered for sale or distribution do not exceed 15 percent, by weight, of virgin regulated substances. (1) The record must be generated electronically, in a format specified by EPA. (2) The record must contain the following information: (i) The name, … | ||||
| 40:40:21.0.1.1.3.3.1.8 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.114 Exemptions. | EPA | (a) Notwithstanding the other provisions of this subpart, the regulations under this subpart do not apply to a regulated substance or a substitute for a regulated substance that is contained in a foam. (b) Notwithstanding the other provisions of this subpart, the regulations under this subpart do not apply to two applications, mission-critical military end uses and on board aerospace fire suppression, as listed at § 84.13(a), for a year or years for which that application receives an application-specific allowance as defined at § 84.3. | ||||
| 40:40:21.0.1.1.3.3.1.9 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.116 Requirements for disposable cylinders. | EPA | (a) As of January 1, 2028, any person who uses a disposable cylinder must send such disposable cylinder for further processing to remove the heel, as described in paragraphs (b) and (c) of this section, when: (1) The disposable cylinder contains a regulated substance(s); (2) The disposable cylinder was used in the servicing, repair, or installation of refrigerant-containing equipment or fire suppression equipment; and (3) The person does not intend to use the disposable cylinder in future servicing, repair, or installation of refrigerant-containing equipment or fire suppression equipment. (b) Except as provided in paragraphs (e) and (g) in this section, disposable cylinders that meet the criteria in paragraphs (a)(1), (a)(2), and (a)(3) of this section must be sent to: (1) A reclaimer certified under 40 CFR 82.164; (2) A fire suppressant recycler, if the disposable cylinder was used in the servicing, repair, or installation of fire suppression equipment; (3) A final processor, such as a landfill operator or a scrap metal recycler, who is capable of removing the heel from disposable cylinders; or (4) A refrigerant supplier (including but not limited to distributors and wholesalers), who is capable of removing the heel from disposable cylinders. (c) Regulated substance(s) removed from heels of disposable cylinders by those entities identified in paragraphs (b)(3) and (b)(4) of this section, where those removed heels are or are not aggregated into a larger container, must be sent to a reclaimer certified under 40 CFR 82.164 or a fire suppressant recycler. (1) Regulated substance(s) removed from heels of disposable cylinders that exhibit ignitability characteristics (per 40 CFR 261.21), where those removed heels are or are not aggregated into a larger container, must be sent to a reclaimer certified under 40 CFR 82.164 that is in compliance with the requirements at 40 CFR part 266, subpart Q. (2) [Reserved] (d) As of January 1, 2028, an entity as described in paragraphs (b)(1), (b)(2), (b)(3), or (b)(4) o… | ||||
| 50:50:9.0.1.5.27.1.37.1 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | A | Subpart A—General Background | § 84.10 What is the purpose and scope of this rule? | FWS | The regulations in this part establish the requirements for coastal State participation in the National Coastal Wetlands Conservation Grant Program authorized by Section 305 of the Coastal Wetlands Planning, Protection and Restoration Act (Pub L. 101-646, title III; 16 U.S.C. 3954). The primary goal of the National Coastal Wetlands Conservation Grant Program is the long-term conservation of coastal wetlands ecosystems. It accomplishes this by helping States protect, restore, and enhance their coastal habitats through a competitive grants program. Results are measured in acres protected, restored, and enhanced. | ||||
| 50:50:9.0.1.5.27.1.37.2 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | A | Subpart A—General Background | § 84.11 How does the Service define the terms used in this rule? | FWS | Terms used have the following meaning in this part: Coastal barrier. A depositional geologic feature that is subject to wave, tidal, and wind energies; protects landward aquatic habitats from direct wave attack; and includes all associated aquatic habitats such as adjacent wetlands, marshes, estuaries, inlets, and nearshore waters. These can include islands; spits of land connected to a mainland at one end; sand bars that connect two headlands and enclose aquatic habitat; broad, sandy, dune beaches; or fringing mangroves. Coastal barriers are found on coastlines including major embayments and the Great Lakes of the United States and its territories. Coastal Barrier Resources System. A defined set of undeveloped coastal areas, designated by the Coastal Barrier Resources Act of 1982 (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591). Within these defined units of the System, Federal expenditures are restricted to discourage development of coastal barriers. Coastal States. States bordering the Great Lakes (Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin); States bordering the Atlantic, Gulf (except Louisiana), and Pacific coasts (Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Oregon, Rhode Island, South Carolina, Texas, Virginia, and Washington); and American Samoa, Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands. (Louisiana is not included because it has its own wetlands conservation program authorized by the Coastal Wetlands Planning, Protection and Restoration Act and implemented by the Corps of Engineers with assistance from the State of Louisiana, the Environmental Protection Agency, and the Departments of the Interior, Agriculture, and Commerce.) Coastal wetland ecosystems. Ecosystems that consist of multiple, interrelated coastal land features. They include wetlands in… | ||||
| 50:50:9.0.1.5.27.1.37.3 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | A | Subpart A—General Background | § 84.12 What are the information collection, record keeping, and reporting requirements? | FWS | (a) Information collection requirements include: (1) An Application for Federal Assistance (Standard Form 424); (2) A proposal, following the guidance of OMB Circular A-102 and the Federal Aid Grant Application Booklet (OMB Control Number 1018-0109), that includes statements of need and objective(s); a description of expected results or benefits; the approach to be used, such as procedures, schedules, key personnel and cooperators, location of the proposed action, and estimated costs to accomplish the objective(s); identification of any other actions that may relate to the grant; and a description of public involvement and interagency coordination; (3) Discussion of ranking criteria, including a completed summary information form (USFWS Form 3-2179); (4) Assurances of compliance with all applicable Federal laws, regulations, and policies (SF 424B or SF 424D); and (5) Documents, as appropriate, supporting the proposal; for example, environmental assessments (including the NEPA compliance checklist, USFWS Form 3-2185) and evaluations of effects on threatened and endangered species. (6) A grant agreement form if the proposal is selected for an award (USFWS Form 3-1552); and (7) A grant amendment form if the agreement is modified (USFWS Form 3-1591). (b) Record-keeping requirements include the tracking of costs and accomplishments related to the grant as required by 43 CFR 12.60, monitoring and reporting program performance (43 CFR 12.80), and financial reporting (43 CFR 12.81). The project report should include information about the acres conserved, with a breakdown by conservation method (for example, acquired, restored, or both) and type of habitat (list habitat types and include the acreage of each). Are the results of the project being monitored? Is there evidence that the resources targeted in the proposal (for example, anadromous fish, threatened and endangered species, and migratory birds) have benefited? (c) Reporting requirements include retention and access requirements as specified in 43 CFR 12.8… | ||||
| 50:50:9.0.1.5.27.2.37.1 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | B | Subpart B—Applying for Grants | § 84.20 What are the grant eligibility requirements? | FWS | (a) Eligible grant activities include: (1) Acquisition of a real property interest in coastal lands or waters from willing sellers or partners (coastal wetlands ecosystems), providing that the terms and conditions will ensure the real property will be administered for long-term conservation. (2) The restoration, enhancement, or management of coastal wetlands ecosystems, providing restoration, enhancement, or management will be administered for long-term conservation. (b) Ineligible activities include but are not limited to: (1) Projects that primarily benefit navigation, irrigation, flood control, or mariculture; (2) Acquisition, restoration, enhancement, or management of lands to mitigate recent or pending habitat losses resulting from the actions of agencies, organizations, companies, or individuals; (3) Creation of wetlands by humans where wetlands did not previously exist; (4) Enforcement of fish and wildlife laws and regulations, except when necessary for the accomplishment of approved project purposes; (5) Research; (6) Planning as a primary project focus (planning is allowable as a minimal component of project plan development); (7) Operations and maintenance; (8) Acquiring and/or restoring upper portions of watersheds where benefits to the coastal wetlands ecosystem are not significant and direct; and (9) Projects providing less than 20 years of conservation benefits. | ||||
| 50:50:9.0.1.5.27.2.37.2 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | B | Subpart B—Applying for Grants | § 84.21 How do I apply for a National Coastal Wetlands Conservation Grant? | FWS | [67 FR 49267, July 30, 2002, as amended at 78 FR 35152, June 12, 2013] | (a) Eligible applicants should submit their proposals to the appropriate Regional Director of the U.S. Fish and Wildlife Service. Proposals must be complete upon submission, and must include the information outlined in § 84.22 to be complete. (1) Service Regional Wildlife and Sport Fish Restoration Offices' responsibilities for administration of this grant program include: Notifying the States of the program, its requirements, and any changes that occur; determining the State agencies designated by the Governor as eligible applicants; ensuring that only eligible applicants apply for grants; coordinating with various Service programs to ensure that sound and consistent guidance is communicated to the States; determining proposal eligibility and substantiality; and determining 75 percent match eligibility and notifying the States of approved and disapproved proposals. (2) Service Divisions of Ecological Services in the regions and field and Fisheries and Habitat Conservation in the national office provide technical assistance and work with Wildlife and Sport Fish Restoration to encourage State participation in this process. (3) Send your proposal to “Regional Director (Attention: Wildlife and Sport Fish Restoration)” at the address of the appropriate regional office, as provided at 50 CFR 2.2. (b) The Program operates on an annual cycle. Regional Wildlife and Sport Fish Restoration Offices request proposals from the States in early April. Proposals must be received by the Regional Director on or before a due date set in early June in order to be considered for funding in the following fiscal year. Check with your Regional Office each year for the exact due dates. Regions review proposals for eligibility and substantiality. Regions may rank eligible and substantial proposals and submit them to the national office of the Service in Washington, DC, by a date set in late June. A Review Panel coordinated by the Service's National Office of Fisheries and Habitat Conservation reviews and ranks proposals in early Augus… | |||
| 50:50:9.0.1.5.27.2.37.3 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | B | Subpart B—Applying for Grants | § 84.22 What needs to be included in grant proposals? | FWS | Proposals must include the following: (a) Application for Federal Assistance (Standard Form 424); (b) A Statement of Assurances of compliance with applicable Federal laws, regulations, and policies (either Standard Form 424B or 424D); and (c) A project statement that identifies and describes: (1) The need within the purposes of the Act; (2) Discrete, quantifiable, and verifiable objective(s) to be accomplished during a specified time period; (3) Expected results or benefits, in terms of coastal lands and waters, the hydrology, water quality, or fish and wildlife dependent on the wetlands; (4) The approach to be used in meeting the objectives, including specific procedures, schedules, key personnel, and cooperators; (5) A project location, including two maps: A map of the State showing the general location of the proposal, and a map of the project site; (6) Estimated costs to attain the objective(s) (the various activities or components of each project should be broken down by cost and by cooperator); (7) If the request is more than $100,000 (Federal share), the applicant must submit a Form DI-2010, certifying that the grant money will not be used for lobbying activities; (8) A concise statement, with documentation, of how the proposal addresses each of the 13 numeric criteria including a summary using FWS Form No. 3-2179 (see § 84.32); (9) A description of the State trust fund that supports a request for a 75 percent Federal share in sufficient detail for the Service to make an eligibility determination, or a statement that eligibility has been previously approved and no change has occurred in the fund; (10) A list of other current coastal acquisition, restoration, enhancement, and management actions; agency(ies) involved; relationship to the proposed grant; and how the proposal fits into comprehensive natural resource plans for the area, if any; and (11) Public involvement or interagency coordination on coastal wetlands conservation projects that has occurred or is planned that relates to this prop… | ||||
| 50:50:9.0.1.5.27.3.37.1 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | C | Subpart C—Project Selection | § 84.30 How are projects selected for grants? | FWS | [67 FR 49267, July 30, 2002, as amended at 78 FR 35152, June 12, 2013] | Project selection is a three-step process: proposal acceptance, proposal ranking, and proposal selection. (a) Proposal acceptance. (1) The Regional Wildlife and Sport Fish Restoration Offices decide whether a proposal should be accepted for consideration by determining if the proposal is complete, substantial, and contains activities that are eligible. Proposals that do not qualify are immediately returned to the State. Revision and resubmission of returned proposals is allowable during this period, which is in June (check with your Regional Office for the exact dates each year). If any of the factors of completeness, substantiality, or eligibility are not met, the Regions should not forward the proposal to Headquarters. (2) To be considered for acceptance, the proposal must be substantial in character and design. A substantial proposal is one that: (i) Identifies and describes a need within the purposes of the Act; (ii) Identifies the objective to be accomplished based on the stated need; (iii) Uses accepted principles, sound design, and appropriate procedures; (iv) Provides public conservation benefits that are cost effective and long-term, i.e. , at least 20 years; and (v) Identifies obtainable, quantified performance measures (acres enhanced, restored, or protected) that help achieve the management goals and objectives of the National Coastal Wetlands Conservation Grant Program. Through this program, the States' efforts and leadership will help the Service meet its Long-Term and Annual Performance Goals as expressed in the Service's Annual Performance Plan. 1 1 The Service's Annual Performance Plan can be found on the Service's homepage at http://www./.fws.gov/r9gpra. For more information you might also contact the Budget Office at 202-208-4596 or the Planning and Evaluation Staff at 202-208-2549. (3) The grant limit is $1 million. Proposals requesting Program awards that exceed $1 million will be returned to the appropriate State. Similarly, individual projects that have clearly been divided… | |||
| 50:50:9.0.1.5.27.3.37.2 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | C | Subpart C—Project Selection | § 84.31 An overview of the ranking criteria. | FWS | (a) The primary objective of the proposal will be to acquire, restore, enhance, or manage coastal wetlands to benefit coastal wetlands and the hydrology, water quality, and fish and wildlife dependent upon them. The Program will not provide grants, for example, for construction or repair of boat ramps or docks for recreational purposes and construction or support of research facilities or activities. The purpose of the ranking criteria is to provide a means for selecting the best projects—those that produce the maximum benefits to coastal wetlands and the fish and wildlife that depend on them. (b) Proposal ranking factors —(1) Ranking criteria. As explained in § 84.32, we will evaluate proposals according to 13 ranking criteria. These criteria have varying point values. Proposals must address each of these 13 criteria. (2) Additional considerations. Even though the criteria provide the primary evaluation of proposals, we may factor additional considerations into the ranking decision at the national level. In case of a tie, we will use these additional considerations to rank proposals having identical scores. (c) The criteria in § 84.32 are not listed in priority order. (d) Points are assigned on the basis of a completed project, rather than current conditions, e.g., count 50 acres of estuarine emergent wetlands if 50 acres of that habitat type will be restored when the project is completed. (e) A range of points rather than a set point value allows the reviewer to distinguish between, for example, a proposal that provides some foraging habitat for a threatened species versus one that provides critical nesting habitat of several endangered species. Scoring guidance is included with the individual criteria. (f) A total of 64 points is possible under the scoring system. (g) If a grant proposal is not selected, the State may resubmit it for reconsideration in subsequent fiscal years. Resubmission of a grant proposal is the responsibility of the applicant. | ||||
| 50:50:9.0.1.5.27.3.37.3 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | C | Subpart C—Project Selection | § 84.32 What are the ranking criteria? | FWS | (a) The U.S. Fish and Wildlife Service will rank proposals using the 13 criteria listed below. In the following list, a description of each criterion is followed by examples and the points they would receive for that criterion. (1) Wetlands conservation. Will the project reverse coastal wetland loss or habitat degradation in decreasing or stable coastal wetland types? Will it conserve wetlands to prevent losses of decreasing or stable wetland types? (Maximum: 7 points) (i) The majority of the project area (over 50 percent) is nationally decreasing coastal wetland types, 2 or the majority is regionally decreasing wetlands types in which the case for regionally decreasing is well-documented (Up to 7 points). The nationally decreasing types are estuarine intertidal emergent; estuarine intertidal forested; estuarine intertidal scrub-shrub; marine intertidal; palustrine emergent; palustrine forested; and palustrine scrub-shrub. Describe the wetlands using terms listed above. Include a breakdown showing the percentage of the proposal's total and wetland acreage in decreasing types. Provide National Wetlands Inventory codes/information if available. Information about these can be found on the National Wetland Inventory's web site at http://wetlands.fws.gov. 2 These designations are based on the National Wetlands Priority Conservation Plan. For more information about the plan, or to receive a copy of the document, refer to the contact information provided in § 84.21. (ii) The majority of the project area (over 50 percent) is nationally stable coastal wetlands types 2 (Up to 5 points). The nationally stable types are estuarine intertidal non-vegetated and estuarine subtidal. Describe the wetlands using the terms listed above. Include a breakdown showing the percentage of the proposal's total and wetland acreage in stable types. Provide National Wetlands Inventory codes/information if available. (iii) Wetlands benefited are less than 50 percent of the project area. (Up to 3 points) (iv) If the project wo… | ||||
| 50:50:9.0.1.5.27.4.37.1 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | D | Subpart D—Conditions on Acceptance/Use of Federal Money | § 84.40 What conditions must I follow to accept Federal grant money? | FWS | (a) The audit requirements for State and local governments (43 CFR part 12), and (b) The uniform administrative requirements for grants and cooperative agreements with State and local governments (43 CFR part 12). | ||||
| 50:50:9.0.1.5.27.4.37.10 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | D | Subpart D—Conditions on Acceptance/Use of Federal Money | § 84.49 What if the project costs more or less than originally expected? | FWS | [67 FR 49267, July 30, 2002, as amended at 78 FR 35153, June 12, 2013] | All requests for additional monies for approved coastal wetland grants will be subject to the entire review process along with new grants. Any monies left over after the project is complete, or if the project is not completed, should be returned to Headquarters for use in following years. If a State has lands it wishes to acquire, restore, or enhance in close proximity to the original project, and the Region deems that spending project monies in these areas would provide similar benefits, the Region may use unspent balances to pay for these projects with prior approval from Headquarters. States must provide adequate justification and documentation to the Regions that the lands acquired, restored, or enhanced are similar to those in the original proposal and provide similar benefits to fish and wildlife. | |||
| 50:50:9.0.1.5.27.4.37.11 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | D | Subpart D—Conditions on Acceptance/Use of Federal Money | § 84.50 How does a State certify compliance with Federal laws, regulations, and policies? | FWS | (a) In accepting Federal money, coastal State representatives must agree to and certify compliance with all applicable Federal laws, regulations, and policies. The applicant will need to submit a Statement of Assurances (either SF 424B or SF 424D) signed and dated by an authorized agency representative as part of the proposal. (b) Compliance with environmental and other laws, as defined in the Service Manual 523 FW Chapter 1, 6 may require additional documentation. Consult with Regional Offices for how this applies to a specific project. 6 The Fish and Wildlife Service Manual, see footnote 3 for availability. | ||||
| 50:50:9.0.1.5.27.4.37.2 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | D | Subpart D—Conditions on Acceptance/Use of Federal Money | § 84.41 Who prepares a grant agreement? What needs to be included? | FWS | The coastal State and the Fish and Wildlife Service work together to develop a Grant Agreement (Form 3-1552) upon completion of the review by the Regional Director to determine compliance with applicable Federal laws and regulations. The Grant Agreement includes the grant title, the grant cost distribution, the agreement period, other grant provisions, and special grant conditions. If a Coastal Barrier Unit is affected, the Service must conduct internal consultations pursuant to Section 6 of the Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act, prior to providing any grant monies to that State. |
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