undergo notice and comment review prior to being adopted into the
regulations.
    This final rule will extend the prior reporting requirements that
are applicable to ODS to HFCs and other non-exempt substitutes.
Reclaimers must report annually the aggregate quantity of material sent
to them for reclamation (the combined mass of refrigerant and
contaminants) by refrigerant type, the mass of each refrigerant
reclaimed by type, and the mass of waste products. EPA has been
publishing the aggregate total of each ODS refrigerant reclaimed each
year on its Web site. After these revised reporting requirements take
effect, EPA will begin collecting and making available reclamation data
for non-exempt substitute refrigerants as well as ODS, which should
provide EPA and the general public a greater understanding of the
extent of HFC recovery and reclamation. One commenter encouraged EPA to
publish data on the amount of refrigerant being sent to a reclaimer in
addition to the amount reclaimed. The commenter does not believe that
aggregated data is CBI and believes that sharing the data publicly will
provide further justification for the actions taken in this rule. EPA
responds that the Agency has aggregated and released the reported
quantity of refrigerant received for reclamation, as well as the
aggregate quantity of refrigerant reclaimed since 2010. This includes
an aggregate of all of the different types of refrigerant reported to
EPA as received and/or reclaimed. Because reporting on substitutes was
previously not a requirement, the data on HFCs are incomplete and based
only on reports from companies that chose to provide such data.
3. Revisions to Recordkeeping and Reporting
    Under the prior regulations at Sec.  82.164(b), reclaimers must
certify that the refrigerant reclaimed meets the specifications in AHRI
Standard 700-1995 using the analytical methodology prescribed in
appendix A. In addition to updating the standard to AHRI Standard 700-
2016, EPA is finalizing revisions to the regulations to clarify that
the analysis must be conducted on each batch of refrigerant being
reclaimed and that reclaimers must maintain records of each analysis.
Requiring reclaimers to maintain records helps to ensure that
refrigerant is being reclaimed to the appropriate specifications. The
standard practice for reclaimers currently is to analyze by batch, and
to generate records when doing so, so these revisions update the
regulations to reflect current practices and do not add additional
burden. EPA is also requiring that all recordkeeping and reporting
requirements for reclaimers be maintained and reported by refrigerant
type (i.e., ASHRAE number). Information kept in this format will
provide more clarity on the types and quantities of refrigerants being
reclaimed when aggregated information is reported.
    EPA is also clarifying what aggregate information must be reported
annually to the Agency, and removing a redundant recordkeeping
provision related to that report. Currently, reclaimers provide data on
ODS reclamation to EPA in multiple formats. EPA intends to develop an
electronic form to standardize the reporting across all reclaimers.
This should reduce burden on the Agency and on reclaimers as EPA must
currently engage in a back and forth process to ensure that all
required data have been reported properly. This will also allow the
Agency to publish reclamation data in a more timely manner.
    Previously reclaimers were required to certify that the refrigerant
reclaimed meets the specifications in AHRI Standard 700-1995 using the
analytical methodology prescribed in appendix A. EPA proposed to
specify that reclaimers must, ``[v]erify that each batch of refrigerant
reclaimed meets these specifications using the analytical

methodology prescribed in appendix A,'' but did not propose a
definition of the term batch. Multiple reclaimers supported testing
each batch of refrigerant but suggested that EPA define the term batch.
These commenters proposed identical or similar definitional language
requesting that EPA define a batch of refrigerant as a single bulk
cylinder containing the reclaimed refrigerant after all processing has
been completed but prior to packaging or shipping to the market. EPA
agrees that specifying what a batch is will assist reclaimers in
complying with this requirement and is therefore adding batch to the
defined terms in Sec.  82.152. This added definition is materially
similar to what commenters suggested.
    One commenter suggested that a testing ID or batch number be placed
on each cylinder packaged from the bulk cylinder to allow for
traceability back to the analysis. EPA recognizes that some companies
may want to do this for their own internal quality control. However,
EPA is not presently convinced of the environmental benefit of making
this change at this time.
    Multiple reclaimers requested that the reclaimed refrigerant be
independently analyzed by an accredited laboratory. They stated that
independently verifying that reclaimed refrigerant meets the required
specifications reaffirms the appropriate industry standard already
being followed by most reclaimers. One commenter found that it would
not be necessary to require independent analysis since all reputable
reclaimers already do this. EPA responds that it did not propose to
require independent third-party testing of reclaimed refrigerant and
does not presently have sufficient information to finalize such a
requirement. Before requiring third-party testing, EPA would want to
better understand the frequency with which such testing is done, the
costs involved, whether such testing would improve the quality of the
reclaimed refrigerant on the market, and which and how many companies
conduct such testing. Therefore, at this time EPA is not requiring
independent third-party testing. However, as discussed previously in
this notice, ensuring the quality of reclaimed refrigerant is very
important to its use and to further the goals of the section 608
program and EPA may consider establishing such requirements in a future
rulemaking.
    EPA requested comment on possible future proposed revisions to the
reclamation requirements including establishing more stringent
certification requirements for reclaimers; establishing a third-party
certification or audit program for reclaimers; and requiring labeling
of reclaimed refrigerant. Many reclaimers and other commenters provided
input on these questions. Because EPA was merely seeking comment for
potential future actions and did not propose any specific action for
this rulemaking, EPA is not responding to those comments at this time
and is not taking final action with respect to any of those comments.
EPA will consider the information received for a potential future
rulemaking.
4. Hazardous Wastes
    EPA received comments related to hazardous waste in the context of
the safe disposal requirements, recovery equipment, and reclamation.
Multiple commenters requested that EPA create new Resource Conservation
and Recovery Act (RCRA) exclusions from the definition of hazardous
waste for all recovered refrigerants, perhaps with the exception of
ammonia. The commenters stated that classifying used refrigerant as a
hazardous waste would prevent technicians from recovering and
transporting used refrigerant and prevent reclaimers from accepting,
processing, or reclaiming such refrigerant. As a result, commenters
foresee less recovery and increased emissions because handling
compounds classified as hazardous waste would be cost prohibitive. The
commenters point to the exclusion EPA created for used CFCs at 40 CFR
261.4(b)(12) as a model.
    EPA responds that to be a hazardous waste, a compound must either
be specifically listed as a hazardous waste per 40 CFR 261 Subpart D or
exhibit one of the following characteristics: Ignitability, reactivity,
toxicity, or corrosivity per 40 CFR 261 Subpart C. In 1990, EPA revised
the toxicity characteristic and as a result, became aware that certain
CFCs may exhibit the toxicity characteristic. On February 13, 1991, the
Agency issued an exclusion from the RCRA hazardous waste regulations
for CFCs used as refrigerants, provided the refrigerant is reclaimed
for further use. Most non-exempt substitute refrigerants are not listed
nor do they exhibit any characteristics of a hazardous waste and
therefore, are not considered hazardous wastes when they are recovered
and reclaimed. However, some refrigerants are flammable (e.g., HFC-32),
which are likely to exhibit the hazardous waste characteristic of
ignitability.
5. Clarifications and Edits for Readability
    EPA is also finalizing revisions in this rule that consolidate
provisions related to refrigerant reclaimers into a single section at
Sec.  82.164. This rule also clarifies what is required of the
reclaimer. The prior regulations required a reclaimer to certify that
he or she will meet a certain set of standards and engage in certain
behaviors. The revised regulations require first, that a reclaimer meet
those standards and behaviors and second, that they certify to having
done so. EPA is making this revision to improve the clarity and
enforceability of these provisions. EPA did not receive any comments on
this proposal.

L. Revisions to the Recordkeeping and Reporting Requirements in Sec.
82.166

1. Background
    The prior regulations included all recordkeeping and reporting
provisions in one section of subpart F (Sec.  82.166). While having all
the provisions in one place can be useful, they are separated from the
required practices specific to that regulated entity. This can create
difficulty for the regulated community in finding what records they
must keep and what reports they must make to remain in compliance with
the section 608 requirements. To improve the readability of the
recordkeeping and reporting provisions, EPA is moving the requirements
that were in Sec.  82.166 to the relevant section describing the
required practices. The recordkeeping and reporting provisions that
remain in Sec.  82.166 relate to the leak repair provisions in Sec.
82.156(i) that are effective until January 1, 2019.
    EPA summarizes some of the key amended recordkeeping and reporting
provisions for this rulemaking below and intends to prepare a guidance
document for this rule that includes all of the recordkeeping and
reporting requirements. Additional discussion of these provisions may
be found in the section of this notice discussing the corresponding
required practice. This summary is not exhaustive, so to determine all
of recordkeeping requirements that apply to a particular requirement,
you must consult the appropriate text in the revised regulations.
2. Summary of Recordkeeping Provisions
    A summary of some key, revised recordkeeping requirements for
subpart F is included here. Unless otherwise noted, all records must be
maintained for at least three years.
     Disposal of Small Appliances, MVACs, and MVAC-like
Appliances: Persons who take the final step in the disposal process of
such appliances

must keep a copy of all the signed statements indicating refrigerant
was recovered properly. This statement must include the name and
address of the person who recovered the refrigerant and the date the
refrigerant was recovered. Alternatively, the statement may be a signed
contract stating either that the supplier will recover any remaining
refrigerant from the appliance in accordance with Sec.  82.155 prior to
delivery or will verify that the refrigerant has been properly
recovered before receipt by the supplier.
     Disposal of Appliances Containing More than 5 and Less
than 50 Pounds of Refrigerant: Persons evacuating refrigerant from
appliances with a full charge of more than 5 and less than 50 pounds of
refrigerant for purposes of disposal of that appliance must maintain
records documenting their company name, location of the appliance, date
of recovery, and type of refrigerant recovered for each appliance. They
must also keep records of the quantity of refrigerant, by type,
recovered from such appliances in each calendar month and the quantity
and type of refrigerant transferred for reclamation, the person to whom
it was transferred, and the date of transfer.
     Leak Inspection: Owners or operators of appliances with a
full charge of 50 or more pounds of refrigerant must maintain
documentation from quarterly or annual leak inspections that includes
the date of inspection, method used for the inspection, a list of
locations where leaks were discovered, and a certification that all
visible and accessible parts of the appliance were inspected.
Technicians conducting leak inspections must provide such documentation
to the owner or operator. Alternatively, owners or operators may
install an automatic leak detection system and maintain records for
that system, including records showing that the system is audited or
calibrated annually and records related to the leaks that the system
identifies.
     Full Charge: Owners or operators of appliances with a full
charge of 50 or more pounds of refrigerant must maintain records
relating to the full charge of the appliance, including records
documenting what the full charge amount is for such appliances, how it
was determined, the range and its midpoint for the full charge, and any
revisions to the full charge. The record for the current full charge
must be maintained until three years after the appliance is retired.
     Service Records Provided by Technicians: Persons adding or
removing refrigerant from an appliance with a full charge of 50 or more
pounds of refrigerant must provide the owner or operator with
documentation containing the identity and location of the appliance;
the date and type of maintenance, service, repair, or disposal
performed; the parts of the appliance serviced, maintained, repaired,
or disposed of; the name of the person performing the maintenance,
service, repair or disposal; and the amount and type of refrigerant
added to or removed from the appliance. The appliance owner or operator
must maintain service records provided by technicians.
     Verification Tests: Owners or operators of any appliance
with a full charge of 50 or more pounds of refrigerant must maintain
records relating to any verification tests, including records of the
dates, types, and results of all initial and follow-up verification
tests. Technicians conducting verification tests must provide
documentation of such activities to the owner or operator.
     Retrofit/Retirement Plans: Owners or operators of
appliances with a full charge of 50 or more pounds of refrigerant that
are subject to retrofit/retirement requirements must maintain retrofit
or retirement plans. The plan must contain the following information:
Identification and location of the appliance; type and full charge of
the refrigerant used; type and full charge of the refrigerant to which
the appliance will be converted, if retrofitted; itemized procedure for
converting the appliance to a different refrigerant, including changes
required for compatibility with the new substitute, if retrofitted;
plan for the disposition of recovered refrigerant; plan for the
disposition of the appliance, if retired; and a schedule, not to exceed
one year, for completion of the appliance retrofit or retirement.
     Requests to Extend the Deadline to Repair or Retrofit/
Retire Appliances: Owners or operators of appliances with a full charge
of 50 or more pounds of refrigerant must maintain copies of extension
requests.
     Chronically Leaking Systems: Owners or operators of
appliances with a full charge of 50 or more pounds of refrigerant that
leak 125 percent or more of the full charge in a calendar year period
must maintain copies of reports submitted to EPA.
     Mothballing: Owners or operators of appliances with a full
charge of 50 or more pounds of refrigerant that mothball an appliance
must keep records documenting when the system was mothballed and when
they add refrigerant back into the appliance.
     Purged Refrigerant: Owners or operators of appliances with
a full charge of 50 or more pounds of refrigerant who exclude from
their leak rate calculation purged refrigerant that is destroyed must
maintain records related to the destruction of that purged refrigerant,
including records that demonstrate that a 98 percent or greater
destruction efficiency is met and that include flow rate, quantity or
concentration of the refrigerant in the vent stream, and periods of
purge flow.
     Seasonal Variances: Owners or operators of appliances with
a full charge of 50 or more pounds of refrigerant who exclude additions
of refrigerant due to seasonal variance from their leak rate
calculation must maintain records stating that they are using the
seasonal variance flexibility and documenting the amount added and
removed.
     Lists of Certified Recovery Equipment and Testing Results:
Organizations that are approved to certify refrigerant recovery and/or
recycling equipment must maintain records of equipment testing and
performance and a list of equipment that meets EPA requirements. These
records must be maintained for three years after the equipment is no
longer offered for sale.
     Proof of Certification for Technicians: Technicians who
have passed the section 608 Type I, II, III or Universal test, must
keep a copy of their certification at their place of business. These
records must be maintained for three years after a certified individual
no longer operates as a technician.
     Sales Restriction: Anyone selling ODS or a non-exempt
substitute refrigerant must document the name of the purchaser, the
date of sale, and the quantity of refrigerant purchased. In instances
where the buyer employs a certified technician, the seller must keep
the information provided by the buyer to demonstrate that at least one
technician is properly certified. Copies of technician certifications
must be maintained for three years after each purchase. These records
would not apply to the sale of small cans of substitute refrigerant for
servicing MVACs.
     Small Cans of Substitute Refrigerant for MVAC Servicing:
Anyone manufacturing small cans of substitute refrigerant with a self-
sealing valve for use in an MVAC must maintain records verifying that
the self-sealing valves do not leak more than 3.00 grams per year when
the self-sealing valve is closed, consistent with appendix E to subpart
F, as revised.
     Technician Certification Programs: Organizations that
certify technicians must maintain records of who they

certify, the scores of all certification tests administered, and the
dates and locations of all tests administered. These records must be
maintained as long as they are in operation, not just for three years.
If a previously approved technician certifying organization stops
certifying technicians for any reason, they must ensure those records
are transferred to another certifying program or EPA. The recordkeeping
requirements can be found in section (g) of appendix D of this subpart.
     Reclaimers: Reclaimers must maintain records, by batch, of
the analyses conducted to verify that reclaimed refrigerant meets the
necessary specifications. On a transactional basis, reclaimers must
maintain records of the names and addresses of persons sending them
material for reclamation and the quantity of the material (the combined
mass of refrigerant and contaminants) by refrigerant type sent to them
for reclamation.
4. Summary of Reporting and Notification Provisions
    Reporting and notification are important components of the National
Recycling and Emission Reduction Program and allow EPA to track
compliance with the requirements. A summary of some key requirements is
included here, and additional discussion may be found in other sections
of this notice. Please consult the appropriate regulatory provision for
a complete list of reporting and notification requirements. All of
these reporting requirements are new for equipment containing non-
exempt substitutes. Unless the information is claimed as confidential
business information or as otherwise noted, all notifications must be
submitted electronically to<EMAIL_ADDRESS>Electronic submission
of reports should decrease burden on both EPA and the regulated
community.
     Extensions to the 30-day or 120-day Leak Repair
Requirement: Owners or operators of appliances with a full charge of 50
or more pounds of refrigerant must request an extension from EPA when
seeking additional time to complete repairs.
     Extensions to Retrofit or Retire Appliances: Owners or
operators of appliances with a full charge of 50 or more pounds of
refrigerant must request an extension from EPA when seeking additional
time to complete a retrofit or retirement.
     Relief from the Obligation to Retrofit or Retire an
Appliance: Owners or operators who are retrofitting or retiring an
appliance with a full charge of 50 or more pounds of refrigerant may
request that EPA relieve them of that obligation if they can establish
within 180 days of the plan's date that the appliance no longer exceeds
the applicable leak rate. The owner or operator must provide the
retrofit or retirement plan; the date that the requirement to develop a
retrofit or retirement plan was triggered; the leak rate; the method
used to determine the leak rate and full charge; the location of the
leak(s) identified in the leak inspection; a description of repair work
that has been completed; a description of repair work that has not been
completed; and a description of why the repair was not conducted within
the required time frames.
     Chronically Leaking Systems: Owners or operators must
submit a report to EPA for any appliance with a full charge of 50 or
more pounds of refrigerant that leaks 125 percent or more of the full
charge in a calendar year. This report must describe efforts to
identify leaks and repair the appliance.
     Purged Refrigerant: The first time that owners or
operators of appliances with a full charge of 50 or more pounds of
refrigerant exclude purged refrigerant that has been destroyed from
their leak rate calculation, they must provide a one-time report to EPA
that includes the identification of the facility and a contact person;
a description of the appliance; a description of the methods used to
determine the quantity of refrigerant sent for destruction and type of
records that are being kept; the frequency of monitoring and data-
recording; and a description of the control device, and its destruction
efficiency.
     Previously Certified Recovery/Recycling Equipment:
Organizations that are approved to certify refrigerant recovery and/or
recycling equipment must inform EPA if subsequent tests indicate a
previously certified model line for recovery and/or recycling devices
does not meet EPA requirements.
     Technician Certification Programs: Organizations that
certify technicians must publish online lists/databases of the people
that they certify. Organizations must report to EPA twice a year the
pass/fail rate and testing schedules. Organizations that receive
records from a program that no longer offers the certification test
must inform EPA within 30 days of receiving these records. The
notification must include the name and address of the program to which
the records have been transferred. The reporting requirements can be
found in section (g) of appendix D of this subpart.
     Reclaimer Change of Business Information, Location or
Contact Information: If a reclaimer changes address or management, they
must notify EPA within 30 days. Since reclaimer certification is not
transferable, if ownership changes, the new owner must certify to EPA
that they will meet the reclaimer certification requirements.
     Amounts Reclaimed: Reclaimers must report annually the
total aggregate quantity of material sent to them for reclamation (the
combined mass of refrigerant and contaminants) by refrigerant type, the
total mass of each refrigerant reclaimed, and the total mass of waste
products.

M. Effective and Compliance Dates

    EPA proposed that the final rule become effective on January 1,
2017, with later compliance dates for specific provisions that
stakeholders may need additional time to implement. The ``effective
date'' is the date that the regulatory text in the Code of Federal
Regulations at 40 CFR part 82, subpart F will change. Unless otherwise
specified, it is also the date by which the regulated community must
comply with the revised regulation. Additional ``compliance dates'' are
the dates by which the regulated community must comply with specific
provisions of the revised regulation.
    One commenter stated that January 1, 2017, is too aggressive a
compliance date, given the length of time needed to issue the final
rule and the rule's size and complexity. EPA responds that while the
Agency is finalizing an effective date of January 1, 2017, as proposed,
it is also establishing later compliance dates for some new provisions
as well as for the application of some existing provisions to non-
exempt substitutes. Where a later compliance date applies, the revised
regulations explicitly specify that later compliance date.
    The existing provisions related to ODS that were not substantively
modified by the rule continue to apply with respect to ODS. For minor
changes to existing ODS provisions, the compliance date is the same as
the effective date of the rule. Provisions in this final rule for which
there is no delayed compliance date with respect to ODS include the
sales restriction, technician certification requirements, safe disposal
requirements, evacuation requirements, restriction on the sale of used
refrigerant, requirement that appliances include a process stub or
servicing aperture, and the recordkeeping associated with those
provisions. While in most instances this

rule establishes a later compliance date for application of these
provisions to non-exempt substitutes, the restriction on the sale of
used substitute refrigerant and the requirement that appliances
containing non-exempt substitutes include a process stub or servicing
aperture apply for non-exempt substitutes as of January 1, 2017. In
addition, the revised standards for the sale or import of recovery and/
or recycling equipment apply for both ODS and non-exempt substitutes as
of January 1, 2017.
    This rule establishes a compliance date of January 1, 2018, for
many provisions that are newly applicable to substitute refrigerants.
These include the sales restriction, technician certification
requirements, safe disposal requirements, evacuation requirements, and
the recordkeeping associated with those provisions. The new requirement
that small cans of substitute MVAC refrigerant be equipped with self-
sealing valves will also apply as of January 1, 2018. In addition, this
rule establishes a compliance date of January 1, 2018, for the new
recordkeeping requirement associated with the disposal of appliances
containing more than five and less than 50 pounds of either ODS or non-
exempt substitute refrigerant.
    Lastly, this rule establishes a compliance date of January 1, 2019,
for the revised leak repair provisions, regardless of whether the
appliance contains an ODS or a non-exempt substitute refrigerant.
    The following sections discuss EPA's rationale for these staggered
compliance dates.
1. Section 82.154(c)--Refrigerant Sales Restriction
    EPA proposed January 1, 2017, as the compliance date for the sales
restriction of all refrigerant (non-exempt substitutes or ODS). EPA
also proposed to require that small cans of MVAC refrigerant be
manufactured with self-sealing valves by one year from the publication
of the final rule and that the sale of small cans without self-sealing
valves cease by two years from publication of the final rule.
    EPA is finalizing a compliance date of January 1, 2018, for the
sales restriction as applied to non-exempt substitute refrigerants.
Changes related to the sales restriction, as applied to ODS, apply
January 1, 2017, as proposed. EPA is also finalizing a compliance date
of January 1, 2018, to equip small cans with a self-sealing valve. EPA
is not finalizing a sell-through requirement in this rule.
    EPA is delaying the compliance date for the sales restriction so
that it matches the compliance dates for other aspects of the rule
related to sales of non-exempt substitute refrigerants. Specifically,
EPA proposed one year from the date of publication of the final rule as
the date by which technicians working with appliances containing non-
exempt substitutes must be certified and the date by which small cans
of MVAC refrigerant must be equipped with a self-sealing valve. As
discussed below, EPA is finalizing January 1, 2018, as the compliance
date for both of those provisions. To minimize potential conflicts by
having different compliance dates, EPA is extending the compliance date
for the sales restriction of substitute refrigerants to January 1,
2018.
    With regards to small cans of MVAC refrigerant, manufacturers,
distributors and retailers of automotive refrigerant supported the
proposed ``manufacture-by'' date of one year from publication of the
final rule, but commented that they oppose a sell-through date for
small cans that do not have self-sealing valves. They commented that
such a requirement would be inefficient, burdensome, costly, and
environmentally problematic. It would require all retailers to know of
the requirement and establish processes for returning unsold cans back
to the manufacturer for destruction. More likely, the cans may be
improperly disposed of, which would negate the environmental benefit of
the new provisions. One commenter stated that a ``manufacture-by'' date
would shift EPA's burden in ensuring compliance from a few
manufacturers to thousands of retailers. Furthermore, commenters cited
EPA's July 2015 SNAP rule (80 FR 42901; July 20, 2015) which listed
HFC-134a as unacceptable for use as an aerosol as of a ``manufacture-
by'' date, rather than a ``sell-by'' date. CARB commented on EPA's
proposal for a two-year sell-through period that a one-year sell-
through period has been found to be acceptable in their experience.
    EPA responds that to allow all entities in the distribution chain
time to plan for and communicate changes to the sales restriction on
non-exempt substitute refrigerants, as well as the requirement for
self-sealing valves on small cans, EPA is finalizing a sales
restriction date and ``manufacture-by'' or ``import-by'' date of
January 1, 2018. This will provides slightly more time than one year
from publication of the final rule, which EPA proposed for the self-
sealing valve requirement. Generally speaking, EPA has attempted to
simplify the compliance dates so they do not fall in the middle of a
month or during the middle of the cooling season.
    In response to the comments received on EPA's proposal to allow
small cans manufactured and placed into initial inventory or imported
before that date to be sold for one additional year, EPA is not
finalizing the sell-through requirement and is finalizing only a date
by which small cans must be manufactured or imported with a self-
sealing valve. EPA agrees that this is the least-burdensome option and
that it avoids the potential for any unintended consequences of a
``sell-by'' date.
2. Section 82.155--Safe Disposal of Small Appliances, MVAC, and MVAC-
Like Appliances
    EPA proposed that the extension of the requirements for the
recovery of non-exempt substitute refrigerant prior to disposal/
recycling of small appliances, MVACs, and MVAC-like appliances take
effect one year from publication of the final rule. EPA proposed that
changes related to ODS equipment be effective January 1, 2017.
    One commenter supported the proposed one-year extension to the
compliance date for substitute refrigerants. EPA is finalizing a
compliance date of January 1, 2018, for the extension to non-exempt
substitute refrigerants. This will provide sufficient time for final
disposers such as scrap recyclers to learn about the extension to non-
exempt substitutes and make any adjustments needed to start maintaining
records associated with disposal of appliances containing non-exempt
substitutes. Using January 1, 2018, rather than one year from
publication will also make communicating the compliance date for the
rule easier.
    Because EPA is not making substantive changes to the existing
requirements for appliances containing ODS, EPA does not expect that
final disposers will need extra time to adjust to the updates in this
rule for those appliances. Accordingly, EPA is finalizing a compliance
date for ODS appliances of January 1, 2017.
3. Section 82.156--Proper Evacuation of Refrigerant From Appliances
    EPA proposed that the extension of the requirements related to the
evacuation of non-exempt substitute refrigerants before the
maintenance, servicing, repair, or disposal of appliances apply one
year from publication of the final rule. EPA proposed that changes
related to ODS equipment apply January 1, 2017.
    Two commenters supported the proposed one year extension to the
compliance date for non-exempt substitutes. Another commenter requested
two years on the ground that

recovery and reclamation equipment may need to be modified to meet the
requirements of the final rule. EPA responds that the Agency is not
requiring that existing recovery and/or recycling equipment be modified
or replaced with new equipment.
    EPA is finalizing a compliance date of January 1, 2018, for the
extension of the requirements to appliances containing non-exempt
refrigerants. This will provide affected entities time to learn about
the extension and make any adjustments needed to apply the required
practices to the evacuation of appliances containing non-exempt
substitutes. Because EPA is not making substantive changes to the
existing requirements for appliances containing ODS, EPA does not
expect that affected entities will need extra time to adjust to the
updates in this rule for those appliances. Accordingly, EPA is
finalizing a compliance date for ODS appliances of January 1, 2017.
    EPA is establishing a delayed compliance date of January 1, 2018,
for the new requirement to keep records upon disposal of appliances
containing either a class I, class II, or non-exempt substitute
refrigerant. This is slightly more than one year from publication of
the final rule, which was what EPA proposed. The delayed compliance
date will allow affected entities to establish a recordkeeping program
to track the amount of refrigerant recovered from appliances that are
disposed of in the field. EPA expects that the same amount of time will
be needed for ODS and non-ODS appliances because this is a new
requirement, not an update to an existing requirement.
4. Section 82.157--Appliance Maintenance and Leak Repair
    This rule makes significant revisions to the leak repair
provisions, including lowering the leak rates, requiring leak repair
verification tests on new types of equipment, and modifying the
recordkeeping and reporting requirements. In addition, owners and
operators of appliances using non-exempt substitute refrigerants that
were previously not covered by any subpart F required practices will
have to familiarize themselves with the requirements. EPA is therefore
establishing a later compliance date for the appliance maintenance and
leak repair requirements than for most other provisions.
    EPA proposed a compliance date 18 months from publication of the
final rule. One commenter suggested that EPA shorten the compliance
date to 12 months and two commenters agreed that it should be at
minimum 18 months. Five commenters recommended more than 18 months,
with the longest extensions ranging from 24 to 36 months after the
publication of the final rule. These commenters stated that later dates
would decrease the costs of compliance and give companies adequate time
to train employees and update current systems to meet the requirements
of the rule. Extending the compliance dates would also allow more time
for owners or operators to bring equipment up to the new standards, and
avoid having to potentially conduct numerous repairs or replacements at
once. Commenters who supported a 36-month extension noted constraints
with the federal budget cycle and acquisition requirements or referred
to Maximum Achievable Control Technology rules that typically provide
three years to comply.
    Because the leak repair provisions already provide the opportunity
for extensions for delays caused by the federal agency appropriations
and/or procurement process, EPA disagrees with federal agencies
requesting a 36 month extension to the compliance date. EPA agrees with
commenters that additional time may be needed to understand the
regulations and to make repairs on systems that have not previously
been subject to the subpart F required practices. Therefore, EPA is
establishing a compliance date of January 1, 2019. This date is two
years from the effective date, and more than 24 months from publication
of the final rule. This is sufficient time for owners and operators of
appliances with 50 or more pounds of refrigerant to learn about the
updated requirements; update systems, standard operating procedures,
and training materials to best administer the requirements; and fix
leakier systems.
    Until January 1, 2019, the leak repair provisions at Sec.
82.156(i) and the associated recordkeeping requirements at Sec.  82.166
continue to apply as specified to appliances containing ODS
refrigerant. Those leak repair provisions use terminology contained in
the definitions as they existed prior to this rulemaking. EPA has added
those unmodified definitions to Sec.  82.156(j) for the purposes of
implementing Sec.  82.156(i) until the new provisions take effect
January 1, 2019.
5. Section 82.158--Recovery and Recycling Equipment
    EPA proposed that the standards for recovery and recycling
equipment apply to the manufacture and import of equipment for non-
exempt substitutes as of January 1, 2017. One commenter requested
additional time on the ground that recovery and recycling equipment may
need to be modified to meet the requirements of the final rule. EPA
responds that the Agency is not requiring that existing recovery and/or
recycling equipment be modified or replaced with new equipment
certified for use with non-exempt substitute refrigerants. Rather, EPA
is requiring only that newly manufactured or imported recovery and/or
recycling equipment meet the new standards upon the compliance date.
6. Section 82.161--Technician Certification Requirements
    EPA proposed that technicians be certified to handle non-exempt
substitute refrigerants by one year from publication of the final rule.
EPA proposed that changes related to ODS apply January 1, 2017.
    One commenter supported the one year extension to the compliance
date for non-exempt substitute refrigerants. Another commenter
requested two years so as to allow time for certifying organizations to
write and review the certification test questions as well as train, or
re-train, technicians on that new material.
    EPA is establishing a compliance date of January 1, 2018, for
technicians to be certified to handle non-exempt substitute
refrigerants. This is slightly more than the proposal of one year from
publication of the final rule. This will provide time for EPA to update
the test bank with questions related to non-exempt substitute
refrigerants and for certifying organizations to update their testing
materials to use the new questions. EPA does not anticipate that a two
year extension would be necessary because HVACR contractors are
generally working on both ODS refrigerants and non-exempt substitute
refrigerants, and there is not likely to be a rush of contractors
needing to be certified.
    EPA is also finalizing the compliance dates for the publication of
lists of certified technicians as proposed. As such, any technician
certified on or after January 1, 2017, must be included in a publicly
accessible list of certified technicians or provided the ability to opt
out. Technician certification programs must make these lists available
starting January 1, 2018.

V. Possible Future Revisions to Subpart F

    EPA requested input on other aspects of the National Recycling and
Emission Reduction Program that might be addressed in a future
rulemaking. Specifically EPA requested feedback on (1) establishing a
voluntary program for

supermarkets based on their corporate-wide average leak rate; (2)
establishing more stringent certification requirements for reclaimers;
(3) establishing a third-party certification or audit program for
reclaimers; (4) requiring labeling of reclaimed refrigerant; (5) moving
further upstream the responsibility to recapture refrigerant from
appliances being disposed of; (6) requiring recertification of
currently certified technicians; and (7) establishing a technician
certification requirement or sales restriction for flammable
refrigerants. EPA is not taking any final action on these topics in
this rule but does greatly value the information provided by
commenters. EPA has prepared a summary of these comments that is
available in the docket for this rule.

VI. Economic Analysis

    For the reasons explained in Section III of this preamble, EPA
considered economic factors in the development of this rule. EPA
considered the costs of different actions that would achieve the goals
of this rule to individual entities and the United States economy as a
whole. While selecting regulatory actions that would achieve the goals
of this rule, EPA elected to consider the costs of different actions to
individual entities and the United States economy as a whole. Many
commenters claimed that the benefits of the proposed regulatory
provisions do not justify the costs, while four comments supported the
cost effectiveness of the proposed rule. EPA has taken these comments
into consideration and is finalizing several provisions that will be
less burdensome than proposed. This section provides a brief overview
of how the Agency calculated costs and then discusses major revisions
to the final rule that affect EPA's economic analysis. A full
description of the cost analyses is included in the technical support
document Analysis of the Economic Impact and Benefits of Final
Revisions to the National Recycling and Emission Reduction Program,
which can be found in the docket.
    To estimate the incremental costs of the regulatory revisions, the
Agency developed a set of model entities with a distribution of
different model facilities, each of which could contain a set of model
appliances. This set of model entities was used to represent the
potentially affected entities in a variety of economic sectors in the
United States, and they were developed based on EPA's Vintaging Model
and cross-checked with the 2013 dataset of repair records developed
under California's RMP. Each model entity reflects information about
the typical number of facilities in a given sector and size category
and the number of pieces of equipment in each equipment category that
are likely to be owned and/or operated by each facility. By combining
the model entities with economic data on potentially affected
industries from the United States Census, EPA obtained a model for the
potentially affected population. By applying the costs of leak
inspections, repairs, recordkeeping and reporting, self-sealing cans
for MVAC servicing, and other regulatory revisions to this population,
EPA estimated the costs to individual entities and the total cost to
the economy.
    Some regulatory revisions in this action, such as providing
extensions to owners or operators of comfort cooling and commercial
refrigeration before having to replace leaking appliances reduce the
cost of compliance to owners of ODS-containing equipment. These
reductions were included in the incremental cost of the action.
    As detailed more fully in the technical support document, the
rulemaking includes new compliance costs of approximately $75.5 million
split into approximately $32.5 million for owners and operators of
equipment containing ODS and $43 million in non-ODS systems. Offsetting
the new compliance costs are reductions in cost due to the removal of
some regulatory requirements and increasing flexibility for repairs.
These offsetting costs total $51 million, all related to equipment
containing ODS. Taken together (the new compliance costs less the
offsetting costs), EPA estimates that the net total cost to comply with
the requirements of this final rule is $24.5 million per year (Table 3
shows these net costs at both the rule component level and for the
total rule).

                          Table 3--Incremental Annual Compliance Costs by Rule Component (2014$) With 7% and 3% Discount Rates
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Total incremental compliance costs (7%          Total incremental compliance costs (3%
                                                                          discount rate)                                  discount rate)
                     Rule component                      -----------------------------------------------------------------------------------------------
                                                                HFC             ODS            Total            HFC             ODS            Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Leak Repair:
    Comfort Cooling.....................................      $5,046,000    -$38,191,000    -$33,145,000      $2,437,000    -$18,705,000    -$16,268,000
    Commercial Refrigeration............................       1,709,000     -10,137,000      -8,428,000         823,000      -4,963,000      -4,139,000
    IPR.................................................         385,000          31,000         417,000         186,000          13,000         200,000
Leak Inspection.........................................      21,703,000      27,460,000      49,163,000      21,703,000      27,460,000      49,163,000
Reporting & Recordkeeping...............................      11,101,000       2,350,000      13,451,000      11,101,000       2,350,000      13,451,000
Self-sealing Valves on Small Cans.......................       3,070,000  ..............       3,070,000       3,070,000  ..............       3,070,000
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
    Total...............................................      43,014,000    -$18,487,000      24,528,000      39,320,000       6,155,000      45,477,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Totals may not sum due to independent rounding.

    Some regulatory revisions, by reducing the amount of refrigerant
lost to leaks, also result in savings for equipment owners or operators
of the cost of purchasing replacement refrigerant. EPA estimates that
affected entities would avoid spending over $44 million in refrigerant
purchases alone due to the regulatory revisions. The compliance costs
and refrigerant savings combined are estimated to be savings of $19.6
million per year. Furthermore, costs could additionally be lower
because appliances running with the correct amount of refrigerant are
generally more energy efficient to operate and last longer.

               Table 4--Total Annual Refrigerant Savings (2014$) and Combined Annual Cost and Annual Savings 2ith 7% and 3% Discount Rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Annual refrigerant savings                  7% Discount rate                3% Discount rate
                                           -------------------------------------------------------------------------------------------------------------
                                                                                Combined                        Combined
              Rule component                                                                Incremental   annual savings    Incremental   annual savings
                                                 HFC            ODS            Total        compliance    and compliance    compliance    and compliance
                                                                                costs           costs           costs           costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Leak Repair:
    Comfort Cooling.......................   -$9,853,000    -$20,221,000    -$30,073,000    -$33,145,000    -$63,218,000    -$16,268,000    -$46,341,000
    Commercial Refrigeration..............    -3,439,000      -7,514,000     -10,953,000      -8,428,000     -19,381,000      -4,139,000     -15,092,000
    IPR...................................    -1,582,000      -1,533,000      -3,115,000         417,000      -2,698,000         200,000      -2,915,000
Leak Inspection...........................  ............  ..............  ..............      49,163,000      49,163,000      49,163,000      49,163,000
Reporting & Recordkeeping.................  ............  ..............  ..............      13,451,000      13,451,000      13,451,000      13,451,000
Self-sealing Valves on Small Cans.........  ............  ..............  ..............       3,070,000       3,070,000       3,070,000       3,070,000
                                           -------------------------------------------------------------------------------------------------------------
        Total.............................   -14,874,000     -29,268,000     -44,141,000      24,528,000     -19,613,000      45,477,000       1,336,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Totals may not sum due to independent rounding.

    Several commenters questioned the validity of EPA's cost estimates
and some provided examples of costs from their own business/
organizations. One commenter said that, given the amount of paperwork
and added compliance requirements in the proposed rule, the cost
estimates are implausibly low and call into question the fundamental
integrity of the Agency's economic analysis. Another said that they
would estimate the cost to implement the new requirements to be well in
excess of $100 million just to repair and potentially replace IPR
systems, noting that the replacement of a single complex IPR system can
be as high as $10 million.
    EPA responds that the aggregate costs and savings for the economy
as a whole would not be expected to be distributed evenly across
affected entities. For example, owners of ODS-containing equipment with
low leak rates might only incur costs for recordkeeping. On the other
hand, owners of HFC-containing equipment with high leak rates might
incur costs of repairing leaks, though they would also realize savings
due to reduced refrigerant purchases. Owners of ODS-containing comfort
cooling or commercial refrigeration appliance with high leak rates may
also incur costs of repairing leaks but also substantial cost savings
by not having to retrofit or retire the appliance if unable to repair
within 30 days, given the extensions provided in the final rule.
    Several commenters claimed that requiring all systems to have
annual or quarterly leak inspections would impose significant costs on
owners of all systems including those systems that do not leak or leak
very little. One commenter, using their estimate for the cost of each
leak inspection of a particular facility's appliances, when taken
quarterly across some 5,200 retail stores and supporting business
units, stated that the impact on their company would exceed $10
million. Another commenter called quarterly leak inspections redundant
if it is already required that leaks be fixed in a timely manner. Two
commenters supported leak inspections and trade group supported
periodic leak inspections as a proactive means to detect leaks, reduce
refrigerant emissions, and maintain energy efficiency of equipment.
    The Agency responds that a proactive plan of maintenance leads to
reduced emissions of refrigerant and is part of the best practices for
operation of these systems. Discussions with members of industry and
reports from the GreenChill program support the effectiveness of a
program of regular inspections to lower average leak rates. However, to
allow for flexibility in how system owners and operators implement
their refrigeration management programs, especially for the least leaky
equipment, EPA is not finalizing a requirement that all systems undergo
periodic leak inspections. Only systems that show a history of
excessive emissions by exceeding the leak rate threshold will require
periodic inspections, and then only for a limited time if the leak rate
of the system is addressed effectively. This will reduce the burden on
owners of systems that are not responsible for emissions, while
focusing attention on systems that require it. EPA estimates that this
will affect 282,000 appliances, compared to approximately 1.5 million
under the proposed rule.
    EPA's analysis of the costs of leak inspection used the median
hourly rate for heating, air-conditioning, and refrigeration mechanics
and installers provided by the Bureau of Labor Statistics, along with
an additional 110% for overhead. EPA assumed that leak inspections
could be carried out quickly because the proposal allowed employees and
not certified technicians to conduct the inspections. However, as
discussed previously, a number of stakeholders claimed that inspections
by employees not specialized in refrigeration would be far less
effective and pointed out that the standard practice for many entities
is to hire technicians for inspections. EPA is requiring in this final
rule that leak inspections be conducted by certified technicians. EPA's
final analysis continues to use the average rate provided by the Bureau
of Labor Statistics but has increased the number of hours for each
inspection.
    Several commenters said that the costs of completely replacing a
system if it leaked more than 75 percent of its full charge in two
consecutive years were very high, and that these costs would not
necessarily fall on those whose poor maintenance practices allowed for
excessive emissions. They also commented that the provision was
inefficient because all of the system components would need to be
replaced, even those that were known not to be leaking, imposing
additional costs with no additional benefit.
    In response to the potential significant costs that commenters said
the proposed ``chronic leaker'' provision would incur, EPA is
finalizing a modification of this provision that would instead require
reporting to EPA rather than retirement

of an appliance. This will greatly reduce the costs on owners of
systems with very high emissions. While EPA had not estimated the costs
or benefits of the proposed chronic leaker provision, EPA has
calculated the total annual reporting burden associated with the final
provision to be $126,000.
    Two commenters said that requiring all leaks be fixed after a
system exceeds the threshold leak rate would lead to high costs with
diminishing returns as smaller and smaller leaks were repaired.
    EPA maintains that once a system has been evacuated for repair it
is a best practice to repair any significant leaks. Doing so makes
financial sense because allowing leaks to continue leads to the
purchase of more refrigerant, reduced energy efficiency, possible
increased service costs if the system must be shut down and repaired
again, and increased risk of loss of cooling. However, EPA agrees that
some leaks may allow very small amounts of refrigerant to escape and
that some leaks are difficult to access or repair. Therefore, taking
into account the comments, EPA is not finalizing the requirement that
all identified leaks be repaired.
    Two commenters claimed that lowering the maximum leak rate for IPR
systems to 20 percent would lead to significant economic burden for
some businesses, and one of whom said that EPA has not provided
adequate benefits to justify this requirement.
    EPA has estimated that lowering the maximum rate at which systems
may be allowed to leak perpetually without being repaired protects the
environment by reducing emissions of pollutants. EPA recognizes that
maintenance of IPR systems presents particular challenges. These
systems are often very large and complex, making finding leaks more
difficult. They can also be extremely costly to shut down to allow for
repairs. Therefore, in consideration of comments and other feedback
from stakeholders, the Agency is finalizing a leak rate of 30 percent
for IPR systems. While this will reduce benefits, we hope to strike a
balance between the costs and benefits of this provision that will
allow greater flexibility in the management of these systems. Under the
proposed leak rate of 20 percent, the EPA estimates benefits of 0.63
MMTCO2eq with costs of $7 million for leak inspections and
repair. With the final leak rate of 30 percent, estimated benefits are
0.44 MMTCO2eq with costs of $5.5 million.
    One commenter stated that there is substantial uncertainty in the
transition pathway away from HFCs due to EPA's SNAP rule that changed
the listing status for certain substitute refrigerants (80 FR 42870)
(``SNAP Program Status Change Rule''). The commenter encouraged EPA to
consider a wider range of possible baseline futures when calculating
the 2020 and 2025 benefits of the rule.
    EPA responds that the Agency has considered that many end users
will change the ODS substitutes being used because of the SNAP rule and
EPA considered such change when estimating the benefits of this final
action. EPA assumed transitions away from substitutes that are no
longer acceptable in some end-uses, most notably in commercial
refrigeration based on the most likely scenario detailed in Climate
Benefits of the SNAP Program Status Change Rule found in docket number
EPA-HQ-OAR-2014-0198-0239. However, many of the differences between the
scenarios in that analysis have little or no effect on the estimated
benefits of the present action. For example, the analysis of the SNAP
rule looked only at transitions of MVAC units for exports, as it is
assumed that the domestic market will already have transitioned away
from HFC-134a by 2020 due to EPA's earlier Light Duty Vehicle rule.
Therefore the SNAP rule would not be expected to introduce uncertainty
in the benefits in 2020 or 2025 in MVAC servicing. As another example,
the different SNAP scenarios assumed that low-temperature commercial
refrigeration appliances would begin to transition from HFC-134a to R-
450A or R-513A in different years, but all three scenarios assume that
transition will reach a maximum of 50 percent by 2020. Given the small
differences in the expected equipment stock related to uncertainty in
the effects of the SNAP Program Status Change Rule, we believe that
assuming the effects of the ``most likely'' scenario from the SNAP
analysis provides a model universe of appliances that is realistic and
that avoids any possibility of double counting benefits between the two
rules.
    Under the Small Business Regulatory Enforcement Fairness Act
(SBREFA), federal agencies must consider the effects regulations may
have on small entities. If a rule may have a significant economic
impact on a substantial number of small entities (SISNOSE), the Agency
would be required to take certain steps to ensure that the interests of
small entities were represented in the rulemaking process. To determine
if this was necessary, EPA used the model entity analysis to ascertain
the likelihood that the revisions would have a SISNOSE. EPA estimates
that approximately 740 of the approximately 854,580 affected small
businesses could incur costs in excess of 1 percent of annual sales and
that fewer than 80 small businesses could incur costs in excess of 3
percent of annual sales. These levels are below the thresholds used in
other Title VI rulemakings under which it can be presumed that an
action will have no SISNOSE. Nevertheless, EPA consulted numerous
stakeholders, including small businesses, in the development of this
rule.
    The full description of the cost analyses, including sensitivity
analyses of key assumptions and alternate options, is included in the
technical support document Analysis of the Economic Impact and Benefits
of Final Revisions to the National Recycling and Emission Reduction
Program, which can be found in the docket for this action.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action that was submitted
to OMB for review. This action was deemed to raise novel legal or
policy issues. Any changes made in response to OMB recommendations have
been documented in the docket. EPA prepared an economic analysis of the
potential costs and benefits associated with this action. This analysis
is summarized in Section VI of the notice and is available in the
docket.

B. Paperwork Reduction Act

    The information collection activities in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the PRA. The Information Collection Request (ICR) document that
EPA prepared has been assigned EPA ICR number 1626.15. You can find a
copy of the ICR in the docket for this rule, and it is briefly
summarized here. The information collection requirements are not
enforceable until OMB approves them.
    All recordkeeping and reporting requirements under this program are
specifically described in Section IV.L of this notice. In order to
facilitate compliance with and enforce the refrigerant management
requirements of section 608 of the CAA, EPA requires reporting and
recordkeeping by technicians, technician certification programs,
refrigerant recovery/recycling equipment testing organizations,
refrigerant wholesalers and purchasers, refrigerant reclaimers,
refrigeration and air-conditioning equipment owners, and other
establishments that perform

refrigerant removal, service, or disposal. EPA has used and will
continue to use these records and reports to ensure that refrigerant
releases are minimized during the recovery, recycling, and reclamation
processes. The handling and confidentiality of the reporting
requirements follow EPA's confidentiality regulations at 40 CFR 2.201
et seq. for assuring computer data security, preventing disclosure,
proper storage, and proper disposal.
    Respondents/affected entities: Entities required to comply with
reporting and recordkeeping requirements include technicians;
technician certification programs; refrigerant wholesalers; refrigerant
reclaimers; refrigeration and air-conditioning equipment owners and/or
operators; and other establishments that perform refrigerant removal,
service, or disposal.
    Respondent's obligation to respond: Mandatory (40 CFR part 82,
subpart F).
    Estimated number of respondents: The total number of respondents is
estimated to be approximately 861,374.
    Frequency of response: The frequency of responses vary from once a
year to daily. Public reporting burden for this collection of
information is estimated to vary from one minute to 9.4 hours per
response, including time for reviewing instructions and gathering,
maintaining, and submitting information.
    Total estimated burden: The total estimated burden is 580,473 hours
(per year). Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: The total estimated cost is $34,627,299 (per
year). There are no estimated annualized capital or operation &
maintenance costs associated with the reporting or recordkeeping
requirements.
    Much of this burden is already covered by the existing requirements
in 40 CFR part 82, subpart F, and the existing ICR, which was last
approved by OMB in December 2014. The OMB control number for this
information collection is 2060-0256.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will announce that approval in the
Federal Register and publish a technical amendment to 40 CFR part 9 to
display the OMB control number for the approved information collection
activities contained in this final rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. The
small entities subject to the requirements of this action are
businesses and small governmental jurisdictions that own or service
comfort cooling, commercial refrigeration, or IPR equipment. EPA
estimates that approximately 740 of the approximately 854,580 affected
small businesses could incur costs in excess of 1 percent of annual
sales and that fewer than 80 small businesses could incur costs in
excess of 3 percent of annual sales. These levels are below the
thresholds under which it can be presumed that an action will have no
SISNOSE, as used in other Title VI rulemakings. Details of this
analysis are presented in the Analysis of the Economic Impact and
Benefits of Final Revisions to the National Recycling and Emission
Reduction Program available in the docket.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This rule
supplements the statutory self-effectuating prohibition against venting
refrigerants by ensuring that certain service practices are conducted
that reduce the emissions of ozone-depleting refrigerants and their
substitutes. For example, this rule strengthens the leak repair
requirements, establishes recordkeeping requirements for the disposal
of appliances containing more than five and less than 50 pounds of
refrigerant, and modifies the technician certification program.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in
Executive Order 13175. This rule does not significantly or uniquely
affect the communities of Indian tribal governments. This rule
supplements the statutory self-effectuating prohibition against venting
refrigerants by ensuring that certain service practices are conducted
that reduce the emissions of ozone-depleting refrigerants and their
substitutes. For example, this rule strengthens the leak repair
requirements, establishes recordkeeping requirements for the disposal
of appliances containing more than five and less than 50 pounds of
refrigerant, and modifies the technician certification program. Thus,
Executive Order 13175 does not apply to this action.

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

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in Executive Order 12866. Nonetheless, the environmental health or
safety risk addressed by this action may have a disproportionate effect
on children. Depletion of stratospheric ozone results in greater
transmission of the sun's ultraviolet (UV) radiation to the earth's
surface. The following studies describe the effects of excessive
exposure to UV radiation on children: (1) Westerdahl J, Olsson H,
Ingvar C. ``At what age do sunburn episodes play a crucial role for the
development of malignant melanoma,'' Eur J Cancer 1994: 30A: 1647-54;
(2) Elwood JM Japson J. ``Melanoma and sun exposure: an overview of
published studies,'' Int J Cancer 1997; 73:198-203; (3) Armstrong BK,
``Melanoma: childhood or lifelong sun exposure,'' In: Grobb JJ, Stern
RS Mackie RM, Weinstock WA, eds. ``Epidemiology, causes and prevention
of skin diseases,'' 1st ed. London, England: Blackwell Science, 1997:
63-6; (4) Whiteman D., Green A. ``Melanoma and Sunburn,'' Cancer Causes
Control, 1994: 5:564-72; (5) Heenan, PJ. ``Does intermittent sun
exposure cause basal cell carcinoma? A case control study in Western
Australia,'' Int J Cancer 1995; 60: 489-94; (6) Gallagher, RP, Hill,
GB, Bajdik, CD, et al. ``Sunlight exposure, pigmentary factors, and
risk of nonmelanocytic skin cancer I, Basal cell carcinoma,'' Arch
Dermatol 1995; 131: 157-63; (7) Armstrong, DK. ``How sun exposure
causes skin cancer: an epidemiological perspective,'' Prevention of
Skin Cancer. 2004. 89-116.

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

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy.

I. National Technology Transfer and Advancement Act

    This action involves technical standards. In some instances, EPA is
deciding to use a modified version of an industry standard for purposes
of this rule; in others, EPA is deciding to use an industry standard by
reference exactly as written.
    EPA is incorporating by reference UL 1963, Supplement SB,
Requirements for Refrigerant Recovery/Recycling Equipment Intended for
Use with a Flammable Refrigerant, Fourth Edition, June 1, 2011. This
establishes standards for refrigerant recovery and refrigerant
recovery/recycling equipment to ensure the equipment can be used safely
with flammable refrigerants. The standard is available at www.comm-2000.com or by writing to Comm 2000, 151 Eastern Avenue, Bensenville,
IL 60106. The cost is $798 for an electronic copy and $998 for
hardcopy. UL also offers a subscription service to the Standards
Certification Customer Library (SCCL) that allows unlimited access to
their standards and related documents. The cost of obtaining this
standard is not a significant financial burden for equipment
manufacturers. Therefore, EPA concludes that the UL standard being
incorporated by reference is reasonably available.
    EPA is incorporating by reference standards referenced in AHRI
Standard 700-2016. Specifically, these standards are:

--2008 Appendix C for Analytical Procedures for AHRI Standard 700-2014-
Normative, 2008. This document establishes definitive test procedures
for determining the quality of new, reclaimed and/or repackaged
refrigerants in support of the standards established in AHRI-700. An
electronic copy of the appendix is available at www.ahrinet.org. It is
also available by mail at Air-Conditioning, Heating, and Refrigeration
Institute (AHRI), 2111 Wilson Boulevard, Suite 500, Arlington, VA
22201. The cost of obtaining this standard is not a significant
financial burden. Therefore, EPA concludes that the standard being
incorporated by reference is reasonably available.
--2012 Appendix D for Gas Chromatograms for AHRI Standard 700-2014-
Informative, 2012, Air-Conditioning, Heating, and Refrigeration
Institute. This appendix provides figures for the gas chromatograms
used with Appendix C to AHRI Standard 700-2015: Analytical Procedures
for AHRI Standard 700-2015, Normative, Specification for Fluorocarbon
Refrigerants. An electronic copy of the appendix is available at
www.ahrinet.org. It is also available by mail at Air-Conditioning,
Heating, and Refrigeration Institute (AHRI), 2111 Wilson Boulevard,
Suite 500, Arlington, VA 22201. The cost of obtaining this standard is
not a significant financial burden. Therefore, EPA concludes that the
standard being incorporated by reference is reasonably available.
--Federal Specification for ``Fluorocarbon Refrigerants,'' BB-F-1421 B,
dated March 5, 1982. This section of this standard establishes a method
to determine the boiling point and boiling point range of a
refrigerant. The standard is available in the docket for this
rulemaking. Therefore, EPA concludes that the standard being
incorporated by reference is reasonably available.
--GPA STD-2177, Analysis of Natural Gas Liquid Mixtures Containing
Nitrogen and Carbon Dioxide by Gas Chromatography, 2013, Gas Processors
Association. This standard establishes methods for analyzing
demethanized liquid hydrocarbon streams containing nitrogen/air and
carbon dioxide, and purity products such as ethane/propane mix that
fall within compositional ranges indicated in the standard. The
standard is available at www.techstreet.com or by writing to
Techstreet, 6300 Interfirst Drive, Ann Arbor, MI 48108. The cost of
this standard is $55 for an electronic copy or $65 for a printed
edition. The cost of obtaining this standard is not a significant
financial burden. Therefore, EPA concludes that the standard being
incorporated by reference is reasonably available.
_ASTM Standard D1296-01-2012, Standard Test Method for Odor of
Volatile Solvents and Diluents, July 1, 2012, ASTM International. This
test method covers a comparative procedure for observing the
characteristic and residual odors of volatile organic solvents and
diluents to determine their odor acceptability in a solvent system. The
standard is available at www.astm.org or by writing to ASTM, 100 Barr
Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959. The cost
of this standard is $39. The cost of obtaining this standard is not a
significant financial burden. Therefore, EPA concludes that the
standard being incorporated by reference is reasonably available.

    EPA is incorporating by reference standards referenced in AHRI
Standard 740-2016.
    Specifically, these standards are:

--ANSI/ASHRAE Standard 63.2-1996 (RA 2010) Method of Testing Liquid-
Line Filter Drier Filtration Capability, 2010, American National
Standards Institute/American Society of Heating, Refrigerating and Air-
Conditioning Engineers, Inc. The purpose of this standard is to
prescribe a laboratory test method for evaluating the filtration
capability of filters and filter driers used in liquid lines of
refrigeration systems. The standard is available at www.ashrae.org or
by mail at AHSRAE, 1791 Tullie Circle NE., Atlanta, GA 30329. The cost
is $39 for an electronic copy or printed edition. The cost of obtaining
this standard is not a significant financial burden. Therefore, EPA
concludes that the standard being incorporated by reference is
reasonably available.
--UL Standard 1963-2011, Refrigerant Recovery/Recycling Equipment,
Fourth Edition, 2011, American National Standards Institute/
Underwriters Laboratories, Inc. This standard establishes safety
requirements for and methods to evaluate refrigerant recovery and
refrigerant recovery/recycling equipment. The standard is available at
http://www.comm-2000.com or by writing to Comm 2000, 151 Eastern
Avenue, Bensenville, IL 60106. The cost is $798 for an electronic copy
and $998 for hardcopy. UL also offers a subscription service to the
Standards Certification Customer Library (SCCL) that allows unlimited
access to their standards and related documents. The cost of obtaining
this standard is not a significant financial burden for equipment
manufacturers. Therefore, EPA concludes that the UL standard being
incorporated by reference is reasonably available.
--AHRI Standard 110-2016, Air-Conditioning, Heating and Refrigerating
Equipment Nameplate Voltages, 2016, Air-Conditioning, Heating, and
Refrigeration Institute. This standard establishes voltage rating
requirements, equipment performance requirements, and conformance
conditions for air-conditioning, heating, and refrigerating equipment.
A free electronic copy of this standard is available at
www.ahrinet.org. It is also available by mail at Air-Conditioning,
Heating, and Refrigeration Institute (AHRI), 2111 Wilson Boulevard,
Suite 500, Arlington, VA 22201. The cost of obtaining this standard is
not a

significant financial burden. Therefore, EPA concludes that the
standard being incorporated by reference is reasonably available.

--International Standard IEC 60038, IEC Standard Voltages, Edition 7.0,
2009-06, International Electrotechnical Commission. This standard
specifies standard voltage values which are intended to serve as
preferential values for the nominal voltage of electrical supply
systems, and as reference values for equipment and system design. The
standard is available at http://www.iec.ch or by writing to Techstreet,
6300 Interfirst Drive, Ann Arbor, MI 48108. The cost of this standard
is $50. The cost of obtaining this standard is not a significant
financial burden. Therefore, EPA concludes that the standard being
incorporated by reference is reasonably available.

    EPA is not incorporating by reference California Air Resources
Board, Test Procedure for Leaks from Small Containers of Automotive
Refrigerant, TP-503, as amended January 5, 2010. Rather EPA is basing
the content found in appendix E on this standard. This standard
establishes methods for assessing the leak rate from small containers
of refrigerant. A copy of this standard is available in the docket and
www.arb.ca.gov/regact/2009/hfc09/hfc09.htm.www.arb.ca.gov/regact/2009/hfc09/hfc09.htm.
    At this time EPA is not finalizing an incorporation by reference
for the ASHRAE terminology found at https://www.ashrae.org/resources--
publications/free-resources/ashrae-terminology.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    EPA believes this action will not have disproportionately high and
adverse human health or environmental effects on minority or low-income
populations because it affects the level of environmental protection
equally for all affected populations. This rule amends the leak repair
requirements for appliances using ozone-depleting substances, thereby
protecting human health and the environment from increased amounts of
UV radiation and increased incidence of skin cancer. The effects of
exposure to UV radiation and the estimated reduction in emissions of
ozone-depleting substances from this rule is contained in Section
II.D.1 of this notice.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 82

    Environmental protection, Air pollution control, Chemicals,
Incorporation by reference, Reporting and recordkeeping requirements.

    Dated: September 26, 2016.
Gina McCarthy,
Administrator.

    For the reasons set forth in the preamble, the Environmental
Protection Agency amends 40 CFR part 82 as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

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

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

0
2. Revise Sec.  82.150 to read as follows:

Sec.  82.150   Purpose and scope.

    (a) The purpose of this subpart is to reduce emissions of class I
and class II refrigerants and their non-exempt substitutes to the
lowest achievable level by maximizing the recapture and recycling of
such refrigerants during the maintenance, service, repair, and disposal
of appliances and restricting the sale of refrigerants consisting in
whole or in part of a class I or class II ozone-depleting substance or
their non-exempt substitutes in accordance with Title VI of the Clean
Air Act.
    (b) This subpart applies to any person maintaining, servicing, or
repairing appliances containing class I, class II or non-exempt
substitute refrigerants. This subpart also applies to persons disposing
of such appliances (including small appliances and motor vehicle air
conditioners), refrigerant reclaimers, technician certifying programs,
appliance owners and operators, manufacturers of appliances,
manufacturers of recovery and/or recycling equipment, approved recovery
and/or recycling equipment testing organizations, and persons buying,
selling, or offering to sell class I, class II, or non-exempt
substitute refrigerants.

0
3. Amend Sec.  82.152 by:
0
a. Adding definitions for ``Batch,'' ``Class I,'' ``Class II,''
``Comfort cooling,'' ``Component,'' ``Leak inspection,'' ``Mothball,''
``Normal operating characteristics and conditions,'' ``Reclaim,''
``Recover,'' ``Recycle,'' ``Retire,'' ``Retrofit,'' ``Seasonal
variance,'' ``Self-sealing valve,'' and ``System receiver.''
0
b. Revising the definitions for ``Appliance,'' ``Apprentice,''
``Commercial refrigeration,'' ``Custom-built,'' ``Disposal,'' ``Follow-
up verification test,'' ``Full charge,'' ``High-pressure appliance,''
``Industrial process refrigeration,'' ``Industrial process shutdown,''
``Initial verification test,'' ``Leak rate,'' ``Low-loss fitting,''
``Low-pressure appliance,'' ``Medium-pressure appliance,'' ``MVAC-like
appliance,'' ``One-time expansion device,'' ``Opening an appliance,''
``Recovery efficiency,'' ``Refrigerant,'' ``Self-contained recovery
equipment,'' ``Small appliance,'' ``Substitute,'' ``Technician,'' and
``Very high-pressure appliance.''
0
c. Removing the definitions for ``Critical Component,'' ``Normal
operating characteristics or conditions,'' ``Normally containing a
quantity of refrigerant,'' ``Reclaim refrigerant,'' ``Recover
refrigerant,'' ``Recycle refrigerant,'' ``Suitable replacement
refrigerant,'' ``System mothballing,'' and ``Voluntary certification
program.''
    The revisions and additions to read as follows:

Sec.  82.152   Definitions.

    As used in this subpart, the term:
    Appliance means any device which contains and uses a class I or
class II substance or substitute as a refrigerant and which is used for
household or commercial purposes, including any air conditioner, motor
vehicle air conditioner, refrigerator, chiller, or freezer. For a
system with multiple circuits, each independent circuit is considered a
separate appliance.
    Apprentice means any person who is currently registered as an
apprentice in maintenance, service, repair, or disposal of appliances
with the U.S. Department of Labor's Office of Apprenticeship (or a
State Apprenticeship Council recognized by the Office of
Apprenticeship). A person may only be an apprentice for two years from
the date of first registering with that office.
* * * * *
    Batch means a single bulk cylinder of refrigerant after all
reclamation has been completed prior to packaging or shipping to the
market.
    Class I refers to an ozone-depleting substance that is listed in 40
CFR part 82 subpart A, appendix A.
    Class II refers to an ozone-depleting substance that is listed in
40 CFR part 82 subpart A, appendix B.
    Comfort cooling means the air-conditioning appliances used to
provide cooling in order to control heat and/or

humidity in occupied facilities including but not limited to
residential, office, and commercial buildings. Comfort cooling
appliances include but are not limited to chillers, commercial split
systems, and packaged roof-top units.
    Commercial refrigeration means the refrigeration appliances used in
the retail food and cold storage warehouse sectors. Retail food
appliances include the refrigeration equipment found in supermarkets,
convenience stores, restaurants and other food service establishments.
Cold storage includes the refrigeration equipment used to store meat,
produce, dairy products, and other perishable goods.
    Component 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 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 means the process leading to and including:
    (1) The discharge, deposit, dumping or placing of any discarded
appliance into or on any land or water;
    (2) The disassembly of any appliance for discharge, deposit,
dumping or placing of its discarded component parts into or on any land
or water;
    (3) The vandalism of any appliance such that the refrigerant is
released into the environment or would be released into the environment
if it had not been recovered prior to the destructive activity;
    (4) The disassembly of any appliance for reuse of its component
parts; or
    (5) The recycling of any appliance for scrap.
    Follow-up verification test means those tests that involve checking
the repairs to an appliance after a successful initial verification
test and after the appliance has returned to normal operating
characteristics and conditions to verify that the repairs were
successful. Potential methods for follow-up verification tests include,
but are not limited to, the use of soap bubbles as appropriate,
electronic or ultrasonic leak detectors, pressure or vacuum tests,
fluorescent dye and black light, infrared or near infrared tests, and
handheld gas detection devices.
    Full charge means the amount of refrigerant required for normal
operating characteristics and conditions of the appliance as determined
by using one or a combination of the following four methods:
    (1) Use of the equipment manufacturer's determination of the full
charge;
    (2) Use of appropriate calculations based on component sizes,
density of refrigerant, volume of piping, and other relevant
considerations;
    (3) Use of actual measurements of the amount of refrigerant added
to or evacuated from the appliance, including for seasonal variances;
and/or
    (4) Use of an established range based on the best available data
regarding the normal operating characteristics and conditions for the
appliance, where the midpoint of the range will serve as the full
charge.
    High-pressure appliance means an appliance that uses a refrigerant
with a liquid phase saturation pressure between 170 psia and 355 psia
at 104[emsp14][deg]F. Examples include but are not limited to
appliances using R-22, R-407A, R-407C, R-410A, and R-502.
    Industrial process refrigeration means complex customized
appliances that are directly linked to the processes used in, for
example, the chemical, pharmaceutical, petrochemical, and manufacturing
industries. This sector also includes industrial ice machines,
appliances used directly in the generation of electricity, and ice
rinks. Where one appliance is used for both industrial process
refrigeration and other applications, it will be considered industrial
process refrigeration equipment if 50 percent or more of its operating
capacity is used for industrial process refrigeration.
    Industrial process shutdown means when an industrial process or
facility temporarily ceases to operate or manufacture whatever is being
produced at that facility.
    Initial verification test means those leak tests that are conducted
after the repair is finished to verify that a leak or leaks have been
repaired before refrigerant is added back to the appliance.
    Leak inspection means the examination of an appliance to determine
the location of refrigerant leaks. Potential methods include, but are
not limited to, ultrasonic tests, gas-imaging cameras, bubble tests as
appropriate, or the use of a leak detection device operated and
maintained according to manufacturer guidelines. Methods that determine
whether the appliance is leaking refrigerant but not the location of a
leak, such as standing pressure/vacuum decay tests, sight glass checks,
viewing receiver levels, pressure checks, and charging charts, must be
used in conjunction with methods that can determine the location of a
leak.
    Leak rate means the rate at which an appliance is losing
refrigerant, measured between refrigerant charges. The leak rate is
expressed in terms of the percentage of the appliance's full charge
that would be lost over a 12-month period if the current rate of loss
were to continue over that period. The rate must be calculated using
one of the following methods. The same method must be used for all
appliances subject to the leak repair requirements located at an
operating facility.
    (1) Annualizing Method. (i) Step 1. Take the number of pounds of
refrigerant added to the appliance to return it to a full charge,
whether in one addition or if multiple additions related to same leak,
and divide it by the number of pounds of refrigerant the appliance
normally contains at full charge;
    (ii) Step 2. Take the shorter of the number of days that have
passed since the last day refrigerant was added or 365 days and divide
that number by 365 days;
    (iii) Step 3. Take the number calculated in Step 1 and divide it by
the number calculated in Step 2; and
    (iv) Step 4. Multiply the number calculated in Step 3 by 100 to
calculate a percentage. This method is summarized in the following
formula:
[GRAPHIC] [TIFF OMITTED] TR18NO16.074

    (2) Rolling Average Method. (i) Step 1. Take the sum of the pounds
of refrigerant added to the appliance over the previous 365-day period
(or over the period that has passed since the last successful follow-up
verification test

showing all identified leaks in the appliance were repaired, if that
period is less than one year);
    (ii) Step 2. Divide the result of Step 1 by the pounds of
refrigerant the appliance normally contains at full charge; and
    (iii) Step 3. Multiply the result of Step 2 by 100 to obtain a
percentage. This method is summarized in the following formula:
[GRAPHIC] [TIFF OMITTED] TR18NO16.075

    Low-loss fitting means any device that is intended to establish a
connection between hoses, appliances, or recovery and/or recycling
machines and that is designed to close automatically or to be closed
manually when disconnected, minimizing the release of refrigerant from
hoses, appliances, and recovery and/or recycling machines.
    Low-pressure appliance means an appliance that uses a refrigerant
with a liquid phase saturation pressure below 45 psia at
104[emsp14][deg]F. Examples include but are not limited to appliances
using R-11, R-123, R-113, and R-245fa.
* * * * *
    Medium-pressure appliance means an appliance that uses a
refrigerant with a liquid phase saturation pressure between 45 psia and
170 psia at 104 [deg]F. Examples include but are not limited to
appliances using R-114, R-124, R-12, R-134a, and R-500.
    Mothball means to evacuate refrigerant from an appliance, or the
affected isolated section or component of an appliance, to at least
atmospheric pressure, and to temporarily shut down that appliance.
* * * * *
    MVAC-like appliance means a mechanical vapor compression, open-
drive compressor appliance with a full charge of 20 pounds or less of
refrigerant used to cool the driver's or passenger's compartment of
off-road vehicles or equipment. This includes, but is not limited to,
the air-conditioning equipment found on agricultural or construction
vehicles. This definition is not intended to cover appliances using R-
22 refrigerant.
    Normal operating characteristics and conditions means appliance
operating temperatures, pressures, fluid flows, speeds, and other
characteristics, including full charge of the appliance, that would be
expected for a given process load and ambient condition during normal
operation. Normal operating characteristics and conditions are marked
by the absence of atypical conditions affecting the operation of the
appliance.
    One-time expansion device means an appliance that relies on the
release of its refrigerant charge to the environment in order to
provide a cooling effect. These are typically single releases but could
also include products that are designed to release refrigerant to the
environment through multiple individual charges.
    Opening an appliance means any maintenance, service, repair, or
disposal of an appliance that would release any refrigerant in the
appliance to the atmosphere. Connecting and disconnecting hoses and
gauges to measure pressures, add refrigerant, or recover refrigerant
from the appliance are not considered ``opening an appliance.''
* * * * *
    Reclaim means to reprocess recovered refrigerant to all of the
specifications in appendix A of this subpart (based on AHRI Standard
700-2016, Specifications for Refrigerants) that are applicable to that
refrigerant and to verify that the refrigerant meets these
specifications using the analytical methodology prescribed in section 5
of appendix A of this subpart.
    Recover means to remove refrigerant in any condition from an
appliance and to store it in an external container without necessarily
testing or processing it in any way.
    Recovery efficiency means the percentage of refrigerant in an
appliance that is recovered by a piece of recovery and/or recycling
equipment.
    Recycle, when referring to refrigerant, means to extract
refrigerant from an appliance (except MVACs) and clean it for reuse in
equipment of the same owner without meeting all of the requirements for
reclamation. In general, recycled refrigerant is cleaned using oil
separation and single or multiple passes through devices, such as
replaceable core filter-driers, which reduce moisture, acidity, and
particulate matter.
    Refrigerant means, for purposes of this subpart, any substance,
including blends and mixtures, consisting in part or whole of a class I
or class II ozone-depleting substance or substitute that is used for
heat transfer purposes and provides a cooling effect.
    Refrigerant circuit means the parts of an appliance that are
normally connected to each other (or are separated only by internal
valves) and are designed to contain refrigerant.
    Retire, when referring to an appliance, means the removal of the
refrigerant and the disassembly or impairment of the refrigerant
circuit such that the appliance as a whole is rendered unusable by any
person in the future.
    Retrofit means to convert an appliance from one refrigerant to
another refrigerant. Retrofitting includes the conversion of the
appliance to achieve system compatibility with the new refrigerant and
may include, but is not limited to, changes in lubricants, gaskets,
filters, driers, valves, o-rings or appliance components.
    Seasonal variance means the removal of refrigerant from an
appliance due to a change in ambient conditions caused by a change in
season, followed by the subsequent addition of an amount that is less
than or equal to the amount of refrigerant removed in the prior change
in season, where both the removal and addition of refrigerant occurs
within one consecutive 12-month period.
    Self-contained recovery equipment means refrigerant recovery and/or
recycling equipment that is capable of removing the refrigerant from an
appliance without the assistance of components contained in the
appliance.
    Self-sealing valve means a valve affixed to a container of
refrigerant that automatically seals when not dispensing refrigerant
and meets or exceeds established performance criteria as identified in
Sec.  82.154(c)(2).
    Small appliance means any appliance that is fully manufactured,
charged, and hermetically sealed in a factory with five (5) pounds or
less of refrigerant, including, but not limited to, refrigerators and
freezers (designed for home, commercial, or consumer use), medical or
industrial research refrigeration equipment, room air

conditioners (including window air conditioners, portable air
conditioners, and packaged terminal air heat pumps), dehumidifiers,
under-the-counter ice makers, vending machines, and drinking water
coolers.
    Substitute means any chemical or product, whether existing or new,
that is used as a refrigerant to replace a class I or II ozone-
depleting substance. Examples include, but are not limited to
hydrofluorocarbons, perfluorocarbons, hydrofluoroolefins,
hydrofluoroethers, hydrocarbons, ammonia, carbon dioxide, and blends
thereof. As used in this subpart, the term ``exempt substitutes''
refers to certain substitutes when used in certain end-uses that are
specified in Sec.  82.154(a)(1) as exempt from the venting prohibition
and the requirements of this subpart, and the term ``non-exempt
substitutes'' refers to all other substitutes and end-uses not so
specified in Sec.  82.154(a)(1).
* * * * *
    System receiver means the isolated portion of the appliance, or a
specific vessel within the appliance, that is used to hold the
refrigerant charge during the servicing or repair of that appliance.
    Technician means any person who in the course of maintenance,
service, or repair of an appliance (except MVACs) could be reasonably
expected to violate the integrity of the refrigerant circuit and
therefore release refrigerants into the environment. Technician also
means any person who in the course of disposal of an appliance (except
small appliances, MVACs, and MVAC-like appliances) could be reasonably
expected to violate the integrity of the refrigerant circuit and
therefore release refrigerants from the appliances into the
environment. Activities reasonably expected to violate the integrity of
the refrigerant circuit include but are not limited to: Attaching or
detaching hoses and gauges to and from the appliance; adding or
removing refrigerant; adding or removing components; and cutting the
refrigerant line. Activities such as painting the appliance, rewiring
an external electrical circuit, replacing insulation on a length of
pipe, or tightening nuts and bolts are not reasonably expected to
violate the integrity of the refrigerant circuit. Activities conducted
on appliances that have been properly evacuated pursuant to Sec.
82.156 are not reasonably expected to release refrigerants unless the
activity includes adding refrigerant to the appliance. Technicians
could include but are not limited to installers, contractor employees,
in-house service personnel, and owners and/or operators of appliances.
    Very high-pressure appliance means an appliance that uses a
refrigerant with a critical temperature below 104[emsp14][deg]F or with
a liquid phase saturation pressure above 355 psia at 104[emsp14][deg]F.
Examples include but are not limited to appliances using R-13, R-23, R-
503, R-508A, and R-508B.

0
4. Revise Sec.  82.154 to read as follows:

Sec.  82.154   Prohibitions.

    (a) Venting Prohibition. (1) No person maintaining, servicing,
repairing, or disposing of an appliance or industrial process
refrigeration may knowingly vent or otherwise release into the
environment any refrigerant from such appliances. Notwithstanding any
other provision of this subpart, the following substitutes in the
following end-uses are exempt from this prohibition and from the
requirements of this subpart:
    (i) Carbon dioxide in any application;
    (ii) Nitrogen in any application;
    (iii) Water in any application;
    (iv) Ammonia in commercial or industrial process refrigeration or
in absorption units;
    (v) Chlorine in industrial process refrigeration (processing of
chlorine and chlorine compounds);
    (vi) Hydrocarbons in industrial process refrigeration (processing
of hydrocarbons);
    (vii) Ethane (R-170) in very low temperature refrigeration
equipment and equipment for non-mechanical heat transfer;
    (viii) Propane (R-290) in retail food refrigerators and freezers
(stand-alone units only); household refrigerators, freezers, and
combination refrigerators and freezers; self-contained room air
conditioners for residential and light commercial air-conditioning;
heat pumps; and vending machines;
    (ix) Isobutane (R-600a) in retail food refrigerators and freezers
(stand-alone units only); household refrigerators, freezers, and
combination refrigerators and freezers; and vending machines;
    (x) R-441A in retail food refrigerators and freezers (stand-alone
units only); household refrigerators, freezers, and combination
refrigerators and freezers; self-contained room air conditioners for
residential and light commercial air-conditioning; heat pumps; and
vending machines.
    (2) De minimis releases associated with good faith attempts to
recycle or recover refrigerants are not subject to this prohibition.
Except for exempt substitutes, refrigerant releases are de minimis only
if they occur when:
    (i) The applicable practices in Sec.  82.155, Sec.  82.156, and
Sec.  82.157 are observed, recovery and/or recycling machines that meet
the requirements in Sec.  82.158 are used whenever refrigerant is
removed from an appliance, the technician certification provisions in
Sec.  82.161 are observed, and the reclamation requirements in Sec.
82.164 are observed; or
    (ii) The requirements in subpart B of this part are observed.
    (3) The knowing release of a class I or class II refrigerant or a
non-exempt substitute refrigerant after its recovery from an appliance
is a violation of the venting prohibition.
    (b) No person may maintain, service, repair, or dispose of an
appliance containing a class I or class II refrigerant or a non-exempt
substitute refrigerant without:
    (1) Observing the applicable practices in Sec.  82.155, Sec.
82.156, and Sec.  82.157; and
    (2) Using recovery and/or recycling equipment that is certified for
that type of refrigerant and appliance under Sec.  82.158.
    (c) Sales Restriction. (1) No person may sell or distribute, or
offer for sale or distribution, any substance that consists in whole or
in part of a class I or class II substance or, starting on January 1,
2018, any non-exempt substitute for use as a refrigerant unless:
    (i) The buyer has been certified as a Type I, Type II, Type III, or
Universal technician under Sec.  82.161;
    (ii) The buyer employs at least one technician who is certified as
a Type I, Type II, Type III, or Universal technician under Sec.  82.161
and provides proof of such to the seller;
    (iii) The buyer has been certified in accordance with 40 CFR part
82, subpart B and the refrigerant is acceptable for use in MVACs under
40 CFR part 82, subpart G;
    (iv) The buyer employs at least one person who is certified under
40 CFR part 82, subpart B, and provides proof of such to the seller and
the refrigerant is acceptable for use in MVACs under 40 CFR part 82,
subpart G. Nothing in this provision relieves persons of the
requirements of Sec.  82.34(b) or Sec.  82.42(b);
    (v) The refrigerant is sold only for eventual resale to persons
certified under Sec.  82.161 or 40 CFR part 82, subpart B or to
appliance manufacturers (e.g., sold by a manufacturer to a wholesaler,
sold by a technician to a reclaimer);
    (vi) The refrigerant is sold to an appliance manufacturer;
    (vii) The refrigerant is contained in an appliance with a fully
assembled refrigerant circuit or an appliance component;
    (viii) The refrigerant is charged into an appliance by a certified
technician or an apprentice during maintenance, service, or repair of
the appliance; or

    (ix) The non-exempt substitute refrigerant is intended for use in
an MVAC and is sold in a container designed to hold two pounds or less
of refrigerant, has a unique fitting, and has a self-sealing valve.
    (2) Self-sealing valve specifications. This provision applies
starting January 1, 2018, for all containers holding two pounds or less
of non-exempt substitute refrigerant for use in an MVAC that are
manufactured or imported on or after that date.
    (i) Each container holding two pounds or less of non-exempt
substitute refrigerant for use in an MVAC must be equipped with a
single self-sealing valve that automatically closes and seals when not
dispensing refrigerant.
    (ii) The leakage rate from each container must not exceed 3.00
grams per year when the self-sealing valve is closed. This leakage rate
applies to new, full containers as well as containers that may be
partially full.
    (iii) The leakage rate must be determined using the standards
described in appendix E (incorporated by reference, see Sec.  82.168).
    (iv) All testing to demonstrate compliance with this paragraph must
be conducted by an independent test laboratory in the United States.
For purposes of this requirement, an independent test laboratory is one
that is not owned, operated, or affiliated with the applicant
certifying equipment and/or products.
    (3) Recordkeeping. (i) Persons who sell or distribute, or offer to
sell or distribute, any class I or class II refrigerant, or, starting
on January 1, 2018, any non-exempt substitute refrigerant must keep
invoices that indicate the name of the purchaser, the date of sale, and
the quantity of refrigerant purchased unless they are selling exempt
substitutes (those substitutes used in the end-uses specified as exempt
in paragraph (a)(1) of this section) or small cans of MVAC refrigerant
in accordance with paragraph (c)(1)(ix) of this section. In instances
where the buyer employs a person certified under Sec.  82.161 or 40 CFR
part 82, subpart B, the seller must keep the documentation provided by
the buyer to demonstrate such employment. All records must be kept for
three years.
    (ii) Electronic or paper copies of all records described in
appendix E must be maintained by manufacturers of containers holding
two pounds or less of non-exempt substitute refrigerant for use in an
MVAC to verify self-sealing valves meet the requirements specified in
paragraph (c)(2) of this section. All records must be kept for three
years after each purchase.
    (d) Sale of Used Refrigerant. No person may sell or distribute, or
offer for sale or distribution, for use as a refrigerant any class I or
class II substance or non-exempt substitute consisting wholly or in
part of used refrigerant unless the refrigerant:
    (1) Has been reclaimed by a person who has been certified as a
reclaimer under Sec.  82.164;
    (2) was used only in an MVAC or MVAC-like appliance and is to be
used only in an MVAC or MVAC-like appliance and recycled in accordance
with 40 CFR part 82, subpart B;
    (3) is contained in an appliance that is sold or offered for sale
together with a fully assembled refrigerant circuit;
    (4) is being transferred between or among a parent company and one
or more of its subsidiaries, or between or among subsidiaries having
the same parent company; or
    (5) is being transferred between or among a Federal agency or
department and a facility or facilities owned by the same Federal
agency or department.
    (e) Manufacture and Sale of Appliances. (1) No person may sell or
distribute, or offer for sale or distribution, any appliance (except
small appliances and appliances containing only refrigerants that have
been exempted under paragraph (a)(1) of this section) unless it is
equipped with a servicing aperture to facilitate the removal of
refrigerant at servicing and disposal.
    (2) No person may sell or distribute, or offer for sale or
distribution, any small appliance (except appliances containing only
refrigerants that have been exempted under paragraph (a)(1) of this
section) unless it is equipped with a process stub to facilitate the
removal of refrigerant at servicing and disposal.
    (f) One-time expansion devices. No person may manufacture or import
a one-time expansion device unless the only refrigerants it contains
have been exempted under paragraph (a)(1) of this section.
    (g) Rules stayed for consideration. Notwithstanding any other
provisions of this subpart, the effectiveness of 40 CFR 82.154(c), only
as it applies to refrigerant contained in appliances without fully
assembled refrigerant circuits, is stayed from April 27, 1995, until
EPA takes final action on its reconsideration of these provisions. EPA
will publish any such final action in the Federal Register.

0
5. Add Sec.  82.155 to subpart F to read as follows:

Sec.  82.155   Safe disposal of appliances.

    Until January 1, 2018, this section applies only to disposal of
appliances containing class I and class II refrigerants. Starting on
January 1, 2018, this section applies to disposal of appliances
containing any class I or class II refrigerant or any non-exempt
substitute refrigerant.
    (a) Persons recovering refrigerant from a small appliance, MVAC, or
MVAC-like appliance for purposes of disposal of these appliances must
evacuate refrigerant to the levels in Sec.  82.156(b) through (d) using
recovery equipment that meets the standards in Sec.  82.158(e) through
(g), or 40 CFR part 82 subpart B, as applicable.
    (b) The final processor--i.e., persons who take the final step in
the disposal process (including but not limited to scrap recyclers and
landfill operators) of a small appliance, MVAC, or MVAC-like
appliance--must either:
    (1) Recover any remaining refrigerant from the appliance in
accordance with paragraph (a) of this section; or
    (2) Verify using a signed statement or a contract that all
refrigerant that had not leaked previously has been recovered from the
appliance or shipment of appliances in accordance with paragraph (a) of
this section. If using a signed statement, it must include the name and
address of the person who recovered the refrigerant and the date the
refrigerant was recovered. If using a signed contract between the
supplier and the final processor, it must either state that the
supplier will recover any remaining refrigerant from the appliance or
shipment of appliances in accordance with paragraph (a) of this section
prior to delivery or verify that the refrigerant had been properly
recovered prior to receipt by the supplier.
    (i) It is a violation of this subpart to accept a signed statement
or contract if the person receiving the statement or contract knew or
had reason to know that the signed statement or contract is false.
    (ii) The final processor must notify suppliers of appliances that
refrigerant must be properly recovered in accordance with paragraph (a)
of this section before delivery of the items to the facility. The form
of this notification may be signs, letters to suppliers, or other
equivalent means.
    (iii) If all the refrigerant has leaked out of the appliance, the
final processor must obtain a signed statement that all the refrigerant
in the appliance had leaked out prior to delivery to the final
processor and recovery is not possible. ``Leaked out'' in this context
means those situations in which the refrigerant has escaped because of
system failures, accidents, or other unavoidable occurrences not caused
by a person's

negligence or deliberate acts such as cutting refrigerant lines.
    (c) Recordkeeping. The final processor of a small appliance, MVAC,
or MVAC-like appliance must keep a copy of all the signed statements or
contracts obtained under paragraph (b)(2) of this section on site, in
hard copy or in electronic format, for three years.

0
6. Amend Sec.  82.156 by:
0
(a) Revising the section heading;
0
(b) Adding an introductory paragraph;
0
(c) Revising paragraphs (a) through (h); and
0
(d) Adding paragraph (i) introductory text; and
0
(e) Adding paragraph (j).
    The revisions and additions to read as follows:

Sec.  82.156   Proper evacuation of refrigerant from appliances.

    Until January 1, 2018, this section applies only to evacuation of
refrigerant from appliances containing class I or class II
refrigerants. Starting on January 1, 2018, this section applies to
evacuation of refrigerant from appliances containing any class I or
class II refrigerant or any non-exempt substitute refrigerant,
excluding paragraph (i) of this section which applies only to
appliances containing class I or class II refrigerants until January 1,
2019. Starting January 1, 2019, the provisions in Sec.  82.157 apply in
lieu of paragraph (i) of this section.
    (a) Appliances (except small appliances, MVACs, and MVAC-like
appliances). Before opening appliances (except small appliances, MVACs,
and MVAC-like appliances) or disposing of such appliances, technicians
must evacuate the refrigerant, including all the liquid refrigerant, to
the levels in Table 1 using a recovery and/or recycling machine
certified pursuant to Sec.  82.158 unless the situations in paragraphs
(a)(1) or (2) of this section apply. Technicians may evacuate either
the entire appliance or the part to be serviced, if the refrigerant in
the part can be isolated to a system receiver. A technician must verify
that the applicable level of evacuation has been reached in the
appliance or the part before it is opened.
    (1) If evacuation of the appliance to the atmosphere is not to be
performed after completion of the maintenance, service, or repair, and
if the maintenance, service, or repair is not major as defined at Sec.
82.152, the appliance must:
    (i) Be evacuated to a pressure no higher than 0 psig before it is
opened if it is a medium-, high- or very high-pressure appliance;
    (ii) Be pressurized to a pressure no higher than 0 psig before it
is opened if it is a low-pressure appliance. Persons must cover
openings when isolation is not possible. Persons pressurizing low-
pressure appliances that use refrigerants with boiling points at or
below 85 degrees Fahrenheit at 29.9 inches of mercury (standard
atmospheric pressure), must not use methods such as nitrogen that
require subsequent purging. Persons pressurizing low-pressure
appliances that use refrigerants with boiling points above 85 degrees
Fahrenheit at 29.9 inches of mercury, must use heat to raise the
internal pressure of the appliance as much as possible, but may use
nitrogen to raise the internal pressure of the appliance from the level
attainable through use of heat to atmospheric pressure; or
    (iii) For the purposes of oil changes, be evacuated or pressurized
to a pressure no higher than 5 psig, before it is opened; or drain the
oil into a system receiver to be evacuated or pressurized to a pressure
no higher than 5 psig.
    (2) If leaks in the appliance make evacuation to the levels in
Table 1 unattainable or would substantially contaminate the refrigerant
being recovered, persons opening or disposing of the appliance must:
    (i) Isolate leaking from non-leaking components wherever possible;
    (ii) Evacuate non-leaking components to be opened or disposed of to
the levels specified in Table 1; and
    (iii) Evacuate leaking components to be opened or disposed of to
the lowest level that can be attained without substantially
contaminating the refrigerant. This level may not exceed 0 psig.
    (3) Recordkeeping. As of January 1, 2018, technicians evacuating
refrigerant from appliances with a full charge of more than 5 and less
than 50 pounds of refrigerant for purposes of disposal of that
appliance must keep records documenting the following for three years:
    (i) The company name, location of the appliance, date of recovery,
and type of refrigerant recovered for each appliance;
    (ii) The total quantity of refrigerant, by type, recovered from all
disposed appliances in each calendar month; and
    (iii) The quantity of refrigerant, by type, transferred for
reclamation and/or destruction, the person to whom it was transferred,
and the date of transfer.

                              Table 1--Required Levels of Evacuation for Appliances
                         [Except for small appliances, MVACs, and MVAC-like appliances]
----------------------------------------------------------------------------------------------------------------
                                         Inches of Hg vacuum  (relative to standard atmospheric pressure of 29.9
                                                                       inches Hg)
                                       -------------------------------------------------------------------------
           Type of appliance              Using recovery and/or recycling      Using recovery and/or recycling
                                        equipment manufactured or  imported  equipment manufactured or  imported
                                             before  November 15, 1993          on or after  November 15, 1993
----------------------------------------------------------------------------------------------------------------
Very high-pressure appliance..........  0..................................  0.
High-pressure appliance, or isolated    0..................................  0.
 component of such appliance, with a
 full charge of less than 200 pounds
 of refrigerant.
High-pressure appliance, or isolated    4..................................  10.
 component of such appliance, with a
 full charge of 200 pounds or more of
 refrigerant.
Medium-pressure appliance, or isolated  4..................................  10.
 component of such appliance, with a
 full charge of less than 200 pounds
 of refrigerant.
Medium-pressure appliance, or isolated  4..................................  15.
 component of such appliance, with a
 full charge of 200 pounds or more of
 refrigerant.
Low-pressure appliance................  25 mm Hg absolute..................  25 mm Hg absolute.
----------------------------------------------------------------------------------------------------------------

    (b) Small appliances. Before opening a small appliance or when
disposing of a small appliance, persons must recover refrigerant, using
a recovery and/or recycling machine certified pursuant to Sec.  82.158,
according to the following conditions:
    (1) When using recovery equipment manufactured before November 15,
1993, recover 80 percent of the refrigerant in the small appliance; or
    (2) When using recovery equipment manufactured on or after November
15, 1993, recover 90 percent of the refrigerant in the appliance when
the compressor in the appliance is functioning, or 80 percent of the
refrigerant in the appliance when the compressor in the appliance is
not functioning; or
    (3) Evacuate the appliance to four inches of mercury vacuum.
    (c) MVAC-like appliances. Persons may only open MVAC-like
appliances while properly using, as defined at Sec.  82.32(e), recovery
and/or recycling equipment certified pursuant to Sec.  82.158(f) or
Sec.  82.36, as applicable. All persons recovering refrigerant from
MVAC-like appliances for purposes of disposal of these appliances must
evacuate the appliance in accordance with 40 CFR part 82, subpart B or
reduce the system pressure to or below 102 mm of mercury vacuum.
    (d) MVACs. All persons recovering refrigerant from MVACs for
purposes of disposal of these appliances must evacuate the appliance in
accordance with 40 CFR part 82, subpart B or reduce the system pressure
to or below 102 mm of mercury vacuum.
    (e) System-dependent equipment may not be used with appliances with
a full charge of more than 15 pounds of refrigerant, unless the system-
dependent equipment is permanently attached to the appliance as a pump-
out unit.
    (f) Persons who maintain, service, repair, or dispose of only
appliances that they own and that contain pump-out units are exempt
from the requirement to use certified, self-contained recovery and/or
recycling equipment.
    (g) All recovery and/or recycling equipment must be used in
accordance with the manufacturer's directions unless such directions
conflict with the requirements of this subpart.
    (h) Refrigerant may be returned to the appliance from which it is
recovered or to another appliance owned by the same person without
being recycled or reclaimed, unless the appliance is an MVAC or MVAC-
like appliance.
    (i) The provisions in this paragraph (i) apply to owners and
operators of appliances containing 50 or more pounds of class I and
class II refrigerants only until January 1, 2019. The definitions in
paragraph (j) of this section apply for purposes of this paragraph (i)
in lieu of the definitions in Sec.  82.152.
* * * * *
    (j) Definitions for the leak repair provisions in 82.156(i). These
definitions are not applicable to any other portion of subpart F other
than 82.156(i). Along with paragraph (i) of this section, the
definitions in this section apply only until January 1, 2019.
    Appliance means, for the purposes of paragraph (i) of this section,
any device which contains and uses a refrigerant and which is used for
household or commercial purposes, including any air conditioner,
refrigerator, chiller, or freezer.
    Commercial refrigeration means, for the purposes of paragraph (i)
of this section, the refrigeration appliances utilized in the retail
food and cold storage warehouse sectors. Retail food includes the
refrigeration equipment found in supermarkets, convenience stores,
restaurants and other food service establishments. Cold storage
includes the equipment used to store meat, produce, dairy products, and
other perishable goods. All of the equipment contains large refrigerant
charges, typically over 75 pounds.
    Critical component means, for the purposes of paragraph (i) of this
section, a component without which industrial process refrigeration
equipment will not function, will be unsafe in its intended
environment, and/or will be subject to failures that would cause the
industrial process served by the refrigeration appliance to be unsafe.
    Custom-built means, for the purposes of paragraph (i) of this
section, that the equipment or any of its critical components cannot be
purchased and/or installed without being uniquely designed, fabricated
and/or assembled to satisfy a specific set of industrial process
conditions.
    Follow-up verification test means, for the purposes of paragraph
(i) of this section, those tests that involve checking the repairs
within 30 days of the appliance's returning to normal operating
characteristics and conditions. Follow-up verification tests for
appliances from which the refrigerant charge has been evacuated means a
test conducted after the appliance or portion of the appliance has
resumed operation at normal operating characteristics and conditions of
temperature and pressure, except in cases where sound professional
judgment dictates that these tests will be more meaningful if performed
prior to the return to normal operating characteristics and conditions.
A follow-up verification test with respect to repairs conducted without
evacuation of the refrigerant charge means a reverification test
conducted after the initial verification test and usually within 30
days of normal operating conditions. Where an appliance is not
evacuated, it is only necessary to conclude any required changes in
pressure, temperature or other conditions to return the appliance to
normal operating characteristics and conditions.
    Full charge means, for the purposes of paragraph (i) of this
section, the amount of refrigerant required for normal operating
characteristics and conditions of the appliance as determined by using
one or a combination of the following four methods:
    (i) Use the equipment manufacturer's determination of the correct
full charge for the equipment;
    (ii) Determine the full charge by making appropriate calculations
based on component sizes, density of refrigerant, volume of piping, and
other relevant considerations;
    (iii) Use actual measurements of the amount of refrigerant added or
evacuated from the appliance; and/or
    (iv) Use an established range based on the best available data
regarding the normal operating characteristics and conditions for the
appliance, where the midpoint of the range will serve as the full
charge, and where records are maintained in accordance with Sec.
82.166(q).
    Industrial process refrigeration means, for the purposes of
paragraph (i) of this section, complex customized appliances used in
the chemical, pharmaceutical, petrochemical and manufacturing
industries. These appliances are directly linked to the industrial
process. This sector also includes industrial ice machines, appliances
used directly in the generation of electricity, and ice rinks. Where
one appliance is used for both industrial process refrigeration and
other applications, it will be considered industrial process
refrigeration equipment if 50 percent or more of its operating capacity
is used for industrial process refrigeration.
    Industrial process shutdown means, for the purposes of paragraph
(i) of this section, that an industrial process or facility temporarily
ceases to operate or manufacture whatever is being produced at that
facility.
    Initial verification test means, for the purposes of paragraph (i)
of this section, those leak tests that are conducted as soon as
practicable after the repair is

completed. An initial verification test, with regard to the leak
repairs that require the evacuation of the appliance or portion of the
appliance, means a test conducted prior to the replacement of the full
refrigerant charge and before the appliance or portion of the appliance
has reached operation at normal operating characteristics and
conditions of temperature and pressure. An initial verification test
with regard to repairs conducted without the evacuation of the