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Proposed Rule: Protection of Stratospheric Ozone

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Proposed Rule: Protection of Stratospheric Ozone The EPA Administrator, Gina McCarthy, signed the following proposed rule on October 15, 2015, and EPA is submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the accuracy of this Internet version of the rule, it is not the official version of the rule for purposes of public comment. Please refer to the official version in a forthcoming FR publication, which will appear on the Government Printing Office's FDsys website (http://www.gpo.gov/fdsys/search/home.action) and on Regulations.gov (http://www.regulations.gov) in Docket No. EPA-HQ-OAR-2015-0453. Once the official version of this document is published in the FR, this version will be removed from the Internet and replaced with a link to the official version. This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on October 15, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version. 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA-HQ-OAR-2015-0453; FRL-9933-48-OAR] RIN: 2060-AS51 Protection of Stratospheric Ozone: Update to the Refrigerant Management Requirements under the Clean Air Act AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: The Clean Air Act prohibits the knowing release of ozone-depleting and substitute refrigerants during the course of maintaining, servicing, repairing, or disposing of appliances or industrial process refrigeration. The existing regulations require that persons servicing or disposing of air-conditioning and refrigeration equipment observe certain service practices that reduce emissions of ozone-depleting refrigerant. This proposed rule would update those existing requirements as well as extend them, as appropriate, to non-ozone-depleting substitute refrigerants, such as hydrofluorocarbons. The proposed updates include strengthening leak repair requirements, establishing recordkeeping requirements for the disposal of appliances containing five to 50 pounds of refrigerant, changes to the technician certification program, and changes for improved readability, compliance, and restructuring of the requirements. As a result, this action would reduce emissions of ozone-depleting substances and gases with high global warming potentials. DATES: Comments must be received on or before [insert date 60 days after publication in the Federal Register]. Any party requesting a public hearing must notify the contact listed below Page 2 of 322 This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on October 15, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version. under FOR FURTHER INFORMATION CONTACT by 5 p.m. Eastern Daylight Time on [insert date 7 days after publication in the Federal Register]. If a public hearing is requested, the hearing will be held on or around [insert date 15 days after publication in the Federal Register]. If a hearing is held, it will take place at EPA headquarters in Washington, DC. EPA will post a notice on our Web site, www.epa.gov/ozone/strathome.html, announcing further information should a hearing take place. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before [insert date 30 days after date of publication in the Federal Register]. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2015­ 0453, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting­ epa-dockets. Page 3 of 322 This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on October 15, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version. FOR FURTHER INFORMATION CONTACT: Luke Hall-Jordan, Stratospheric Protection Division, Office of Atmospheric Programs, Mail Code 6205T, 1200 Pennsylvania Avenue, N.W., Washington, D.C., 20460; telephone number (202) 343-9591; e-mail address hall­ [email protected]. You may also visit www.epa.gov/ozone/title6/608 for further information about refrigerant management, other Stratospheric Ozone Protection regulations, the science of ozone layer depletion, and related topics. SUPPLEMENTARY INFORMATION: Table of Contents I. General Information A. Does this action apply to me? B. What action is the Agency taking? C. What is the Agency's authority for taking this action? D. What are the incremental costs and benefits of this action? II. Background A. What are ozone-depleting substances? B. What is the National Recycling and Emission Reduction Program? C. What developments have occurred since EPA first established the National Recycling and Emission Reduction Program? D. What are the goals of this proposed rule? E. Stakeholder engagement F. What are the major changes EPA is proposing? III. The Clean Air Act and EPA’s Authority for the Proposed Revisions IV. The Proposed Rule A. Proposed changes to the definitions in section 82.152 B. Proposed changes to the venting prohibition in section 82.154(a) C. Proposed changes to the refrigerant and appliance sales restrictions in section 82.154 D. Proposed changes to the evacuation requirements in section 82.156 E. Proposed changes to the safe disposal provisions in section 82.156(f) F. Proposed changes to leak repair requirements in section 82.156(i) G. Proposed changes to the standards for recovery and/or recycling equipment in section 82.158 H. Proposed changes for equipment testing organizations in section 82.160 I. Proposed changes to the technician certification requirements in section 82.161 J. Proposed changes to the technician certification program requirements in section 82.161 K. Proposed changes to the reclamation requirements in section 82.164 L. Proposed changes to the recordkeeping and reporting requirements in section 82.166 M. Proposed effective and compliance dates Page 4 of 322 This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on October 15, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version. V. Economic Analysis VI. Possible Future Changes to Subpart F A. Appliance maintenance and leak repair B. Refrigerant reclamation C. Safe disposal of small appliances, MVACs, and MVAC-like appliances D. Technician certification VII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments G. Executive Order 13045: Protection of Children from Environmental Health and Safety Risks H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations List of Acronyms AHEF- Atmospheric and Health Effects Framework model AHRI- Air Conditioning, Heating, and Refrigeration Institute ARI- Air Conditioning and Refrigeration Institute (now AHRI) ASHRAE- American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. CAA- Clean Air Act CARB- California Air Resources Board CBI- Confidential business information CFC- Chlorofluorocarbon CO2- Carbon dioxide GHG- Greenhouse gas GWP- Global warming potential Page 5 of 322 This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on October 15, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version. HCFC- Hydrochlorofluorocarbon HFC- Hydrofluorocarbon HFO- Hydrofluoroolefin IPCC- Intergovernmental Panel on Climate Change IPR- Industrial process refrigeration MMTCO2eq- Million metric tons carbon dioxide equivalent MVAC- Motor vehicle air conditioner NAICS- North American Industry Classification System ODP- Ozone depletion potential ODS- Ozone-depleting substance PFC- Perfluorocarbon RMP- Refrigerant Management Program SCAQMD- South Coast Air Quality Management District SNAP- Significant New Alternatives Policy UL- Underwriters Laboratories I. General Information A. Does this action apply to me? Categories and entities potentially regulated by this action include those who own, operate, maintain, service, repair, recycle or
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