80 FR 75455 - Protection of Stratospheric Ozone: Notice of Revocation of Certification for Refrigerant Reclaimers
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 231 (December 2, 2015)
Federal Register Volume 80, Issue 231 (December 2, 2015)
| Page Range | 75455-75456 | |
| FR Document | 2015-30363 |
[Federal Register Volume 80, Number 231 (Wednesday, December 2, 2015)] [Notices] [Pages 75455-75456] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30363] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2015-0771; FRL-9939-41-OAR] Protection of Stratospheric Ozone: Notice of Revocation of Certification for Refrigerant Reclaimers AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of revocation. ----------------------------------------------------------------------- SUMMARY: In accordance with 40 CFR 82.164, no person may sell or offer for sale or use as a refrigerant, any class I or class II ozone- depleting substance consisting wholly or in part of used refrigerant unless the substance has been reclaimed by an Environmental Protection Agency (EPA)-certified refrigerant reclaimer. All persons reclaiming used refrigerant for sale to a new owner are required to certify to the EPA Administrator in accordance with 40 CFR 82.164 and to maintain records and submit reports in accordance with 40 CFR 82.166. Through this action, the EPA is giving notice of the impending revocation of one refrigerant reclaimer, Refrigerants Exchange, Inc. (RefEx) of Irwindale, CA, in accordance with 40 CFR part 82, subpart F. In addition, the EPA is announcing the previous revocation of certification of eight refrigerant reclaimers. An up-to-date list of EPA-certified refrigerant reclaimers is available online at www.epa.gov/ozone/title6/608/reclamation/reclist.html. DATES: If RefEx wishes to request a hearing for the impending revocation of its reclaimer certification, it must request a hearing in writing on or before January 4, 2016. If a written request and supporting data are not received by that date, RefEx's certification to reclaim refrigerants is revoked effective February 1, 2016. The following entities had their certification as refrigerant reclaimers revoked previously, effective as of the dates listed below and on EPA's Web site: November 2009: Polar Refrigerant in South Hampton, NH March 19, 2009: Refrigerant Services, Inc in Imperial Beach, CA January 10, 2008: Rocky Mountain Reclamation, Inc in Denver, CO; Star Refrigerants in Fort Worth, TX March 9, 2007: Teris, LLC in El Dorado, AR March 13, 2006: Cryo-Line Supplies USA, Inc. in Henderson, NV; Refrigerant Recovery, Inc. in Milwaukee, WI; South Florida Trane Service in Miami, FL FOR FURTHER INFORMATION CONTACT: Luke Hall-Jordan, Stratospheric Protection Division, Office of Atmospheric Programs, (6205T), 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number (202) 343-9591; email address hall-jordan.luke@epa.gov. SUPPLEMENTARY INFORMATION: Impending Revocation On June 10, 2011, the EPA issued a request for information (June 10, 2011 Request or Request, available in the docket for this notice) to RefEx pursuant to Section 114 of the Clean Air Act (CAA). Section 114 of the CAA authorizes the EPA to request such information from anyone who is subject to any requirement of the CAA in order to determine the compliance status of that person or entity. RefEx is subject to regulations at 40 CFR 82.164 and 82.166 implementing section 608 of the Clean Air Act. The June 10, 2011 Request asked, in part, for records documenting that reclaimed refrigerant sold by RefEx met the ARI 700 standard (upon which the Specifications for Fluorocarbon and Other Refrigerants in appendix A to 40 CFR part 82, subpart F are based), for the two-year period prior to RefEx's receipt of the request. RefEx responded to the Request in part on July 7, 2011. Records provided by RefEx in its response did not demonstrate that all refrigerant sold by RefEx in the relevant time frame was reprocessed to meet all of the applicable specifications in appendix A to 40 CFR part 82, subpart F. As part of its reclaimer certification, RefEx is required to verify that the reprocessed refrigerant meets all of the specifications in appendix A. See 40 CFR 82.164(b), (e)(3), and (g). In addition, among other things, the June 10, 2011 Request asked for the names and addresses of persons that sent RefEx material for reclamation in the 12 months prior to the Request. RefEx's July 7, 2011 response also did not provide that information. RefEx is required to keep this information under 40 CFR 82.164(e)(3) and 82.166(g). EPA sent two follow-up letters (also available in the docket for this notice), dated August 19, 2011 and October 25, 2011, noting deficiencies in RefEx's July 7, 2011 response and requesting a full and complete response to the June 10, 2011 Request. Further, EPA offered RefEx the opportunity to provide any additional documentation in response to the June 10, 2011 Request that EPA may use to determine RefEx's compliance with 40 CFR 82.164 and 82.166 in a letter dated March 16, 2015 (also available in the docket for this notice). To date, EPA has not received the requested information. In the March 16, 2015 letter, the EPA warned that if RefEx did not provide additional information to demonstrate compliance with 40 CFR 82.164, EPA would consider initiating procedures to revoke RefEx's status as a certified reclaimer pursuant to 40 CFR 82.164(g) and 82.169. Since many of the letters sent to RefEx have been returned as undeliverable, in addition to the copy of the letter sent by certified mail, the EPA emailed the March 16, 2015 letter to the email address that RefEx uses to provide its annual report of the amount of refrigerant reclaimed on May 7, 2015. The last report was received by the EPA from this email address on March 24, 2015. Since RefEx failed to fully respond to the information requests and has not shown that it is complying with 40 CFR 82.164 and 82.166, including particularly 40 CFR 82.164(b) and 82.166(g), the EPA is revoking RefEx's certification to reclaim refrigerants. Under 40 CFR 82.169, the EPA has the ability to revoke a reclaimer's certification for failing ``to abide by any of the provisions of this subpart . . . . In such cases, the Administrator or her or his designated representative shall give notice of an impending suspension [or revocation] to the person or organization setting forth the facts or conduct that provide the basis for the revocation or suspension.'' See also 40 CFR 82.164(g) (providing that ``[f]ailure to abide by any of the provisions of this subpart may result in revocation . . . of the certification of the reclaimer in accordance with 40 CFR 82.169'' and including an analogous notice requirement). If RefEx believes that its certification to reclaim refrigerants should not be revoked, it may request a hearing under 40 CFR 82.169 by filing a written request within 30 days of this notice to the individual identified in FOR FURTHER INFORMATION CONTACT. The request must include RefEx's objections to the revocation and data to support the objections. If the Agency does not receive a written request for a hearing within 30 days of the date of this notice, the revocation will become effective 60 days after the publication of this notice. Notice of Previous Revocations To ensure that all stakeholders are aware of past revocations, EPA is also [[Page 75456]] providing notice in this action of eight former refrigerant reclaimers that no longer are certified to reclaim refrigerants. All of these revocations have previously been noted on EPA's Web site at www.epa.gov/ozone/title6/608/reclamation/recrevoke.html. Six of these reclaimers have requested to be removed from the list of certified reclaimers. They are: Rocky Mountain Reclamation, Inc. in Denver, CO; Star Refrigerants in Fort Worth, TX; Teris, LLC in El Dorado, AR; Cryo- Line Supplies USA, Inc. in Henderson, NV; Refrigerant Recovery, Inc. in Milwaukee, WI; and South Florida Trane Service in Miami, FL. Two other reclaimers, Polar Refrigerant in South Hampton, NH, and Refrigerant Services, Inc. in Imperial Beach, CA, had their certification revoked for failing to comply with the recordkeeping and reporting requirements in 40 CFR 82.166. The dates of revocation are noted on EPA's Web site and in the DATES section of this notice. EPA sent letters to these two companies in November 2009, and February 12, 2009, respectively, that included an explanation of the basis for EPA's decision. Dated: November 16, 2015. Drusilla Hufford, Director, Stratospheric Protection Division. [FR Doc. 2015-30363 Filed 12-1-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Notices 75455
EXEMPTIONS CLAIMED FOR THE SYSTEM: March 13, 2006: Cryo-Line Supplies additional documentation in response to
None. USA, Inc. in Henderson, NV; the June 10, 2011 Request that EPA may
[FR Doc. 2015–30526 Filed 12–1–15; 8:45 am] Refrigerant Recovery, Inc. in use to determine RefEx’s compliance
BILLING CODE 4000–01–P
Milwaukee, WI; South Florida Trane with 40 CFR 82.164 and 82.166 in a
Service in Miami, FL letter dated March 16, 2015 (also
FOR FURTHER INFORMATION CONTACT: available in the docket for this notice).
ENVIRONMENTAL PROTECTION Luke Hall-Jordan, Stratospheric To date, EPA has not received the
AGENCY Protection Division, Office of requested information.
Atmospheric Programs, (6205T), 1200 In the March 16, 2015 letter, the EPA
[EPA–HQ–OAR–2015–0771; FRL–9939–41– Pennsylvania Avenue NW., Washington, warned that if RefEx did not provide
OAR] additional information to demonstrate
DC 20460; telephone number (202) 343–
9591; email address hall-jordan.luke@ compliance with 40 CFR 82.164, EPA
Protection of Stratospheric Ozone: would consider initiating procedures to
Notice of Revocation of Certification epa.gov.
revoke RefEx’s status as a certified
for Refrigerant Reclaimers SUPPLEMENTARY INFORMATION: reclaimer pursuant to 40 CFR 82.164(g)
AGENCY: Environmental Protection Impending Revocation and 82.169. Since many of the letters
Agency (EPA). sent to RefEx have been returned as
On June 10, 2011, the EPA issued a undeliverable, in addition to the copy of
ACTION: Notice of revocation. request for information (June 10, 2011 the letter sent by certified mail, the EPA
SUMMARY: In accordance with 40 CFR Request or Request, available in the emailed the March 16, 2015 letter to the
82.164, no person may sell or offer for docket for this notice) to RefEx pursuant email address that RefEx uses to provide
sale or use as a refrigerant, any class I to Section 114 of the Clean Air Act its annual report of the amount of
or class II ozone-depleting substance (CAA). Section 114 of the CAA refrigerant reclaimed on May 7, 2015.
consisting wholly or in part of used authorizes the EPA to request such The last report was received by the EPA
refrigerant unless the substance has information from anyone who is subject from this email address on March 24,
been reclaimed by an Environmental to any requirement of the CAA in order 2015.
Protection Agency (EPA)-certified to determine the compliance status of Since RefEx failed to fully respond to
refrigerant reclaimer. All persons that person or entity. RefEx is subject to the information requests and has not
reclaiming used refrigerant for sale to a regulations at 40 CFR 82.164 and 82.166 shown that it is complying with 40 CFR
new owner are required to certify to the implementing section 608 of the Clean 82.164 and 82.166, including
EPA Administrator in accordance with Air Act. particularly 40 CFR 82.164(b) and
40 CFR 82.164 and to maintain records The June 10, 2011 Request asked, in 82.166(g), the EPA is revoking RefEx’s
and submit reports in accordance with part, for records documenting that certification to reclaim refrigerants.
40 CFR 82.166. reclaimed refrigerant sold by RefEx met Under 40 CFR 82.169, the EPA has the
Through this action, the EPA is giving the ARI 700 standard (upon which the ability to revoke a reclaimer’s
notice of the impending revocation of Specifications for Fluorocarbon and certification for failing ‘‘to abide by any
one refrigerant reclaimer, Refrigerants Other Refrigerants in appendix A to 40 of the provisions of this subpart . . . .
Exchange, Inc. (RefEx) of Irwindale, CA, CFR part 82, subpart F are based), for In such cases, the Administrator or her
in accordance with 40 CFR part 82, the two-year period prior to RefEx’s or his designated representative shall
subpart F. In addition, the EPA is receipt of the request. RefEx responded give notice of an impending suspension
announcing the previous revocation of to the Request in part on July 7, 2011. [or revocation] to the person or
certification of eight refrigerant Records provided by RefEx in its organization setting forth the facts or
reclaimers. An up-to-date list of EPA- response did not demonstrate that all conduct that provide the basis for the
certified refrigerant reclaimers is refrigerant sold by RefEx in the relevant revocation or suspension.’’ See also 40
available online at www.epa.gov/ozone/ time frame was reprocessed to meet all CFR 82.164(g) (providing that ‘‘[f]ailure
title6/608/reclamation/reclist.html. of the applicable specifications in to abide by any of the provisions of this
DATES: If RefEx wishes to request a appendix A to 40 CFR part 82, subpart subpart may result in revocation . . . of
hearing for the impending revocation of F. As part of its reclaimer certification, the certification of the reclaimer in
its reclaimer certification, it must RefEx is required to verify that the accordance with 40 CFR 82.169’’ and
request a hearing in writing on or before reprocessed refrigerant meets all of the including an analogous notice
January 4, 2016. If a written request and specifications in appendix A. See 40 requirement).
supporting data are not received by that CFR 82.164(b), (e)(3), and (g). In If RefEx believes that its certification
date, RefEx’s certification to reclaim addition, among other things, the June to reclaim refrigerants should not be
refrigerants is revoked effective 10, 2011 Request asked for the names revoked, it may request a hearing under
February 1, 2016. and addresses of persons that sent RefEx 40 CFR 82.169 by filing a written
The following entities had their material for reclamation in the 12 request within 30 days of this notice to
certification as refrigerant reclaimers months prior to the Request. RefEx’s the individual identified in FOR FURTHER
revoked previously, effective as of the July 7, 2011 response also did not INFORMATION CONTACT. The request must
dates listed below and on EPA’s Web provide that information. RefEx is include RefEx’s objections to the
site: required to keep this information under revocation and data to support the
November 2009: Polar Refrigerant in 40 CFR 82.164(e)(3) and 82.166(g). objections. If the Agency does not
EPA sent two follow-up letters (also
jstallworth on DSK7TPTVN1PROD with NOTICES
South Hampton, NH receive a written request for a hearing
March 19, 2009: Refrigerant Services, available in the docket for this notice), within 30 days of the date of this notice,
Inc in Imperial Beach, CA dated August 19, 2011 and October 25, the revocation will become effective 60
January 10, 2008: Rocky Mountain 2011, noting deficiencies in RefEx’s July days after the publication of this notice.
Reclamation, Inc in Denver, CO; Star 7, 2011 response and requesting a full
Refrigerants in Fort Worth, TX and complete response to the June 10, Notice of Previous Revocations
March 9, 2007: Teris, LLC in El Dorado, 2011 Request. Further, EPA offered To ensure that all stakeholders are
AR RefEx the opportunity to provide any aware of past revocations, EPA is also
VerDate Sep<11>2014 13:24 Dec 01, 2015 Jkt 238001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\02DEN1.SGM 02DEN1](https://thefederalregister.org/doc/80_FR_75686/page/1.svg)
![75456 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Notices
providing notice in this action of eight Section 608 Technician Certification Register’’ listings at the FDSys Web site
former refrigerant reclaimers that no Programs approved to provide the (http://www.gpo.gov/fdsys/browse/
longer are certified to reclaim technician certification exam. EPA’s list collection.action?collectionCode=FR).
refrigerants. All of these revocations is found here: http://www.epa.gov/
II. Pending Suspensions and
have previously been noted on EPA’s ozone/title6/608/technicians/
Revocations and Voluntary
Web site at www.epa.gov/ozone/title6/ 608certs.html.
Withdrawals
608/reclamation/recrevoke.html. Six of DATES: On January 4, 2016 each program
these reclaimers have requested to be in the below Table: Delinquent In accordance with the standards for
removed from the list of certified Technician Certification Programs will certifying programs, codified at
reclaimers. They are: Rocky Mountain be automatically suspended from their appendix D of 40 CFR part 82, subpart
Reclamation, Inc. in Denver, CO; Star authorization to provide the technician F, technician certifying programs must
Refrigerants in Fort Worth, TX; Teris, certification exam and newly issue submit an activity report to EPA on a
LLC in El Dorado, AR; Cryo-Line certification cards, except for any biannual basis (by every January 30 and
Supplies USA, Inc. in Henderson, NV; organization that provides its June 30) that provides certain
Refrigerant Recovery, Inc. in delinquent biannual reports such that information about the certification tests
Milwaukee, WI; and South Florida they are received before that date. Each submitted. 15 programs have repeatedly
Trane Service in Miami, FL. such suspended program will be failed to submit their activity reports.
Two other reclaimers, Polar automatically revoked on February 1, 40 CFR 82.161(e) says that ‘‘If at any
Refrigerant in South Hampton, NH, and 2016, unless a hearing is requested time an approved program violates any
Refrigerant Services, Inc. in Imperial consistent with 40 CFR 82.169 before of the above requirements,’’ which
Beach, CA, had their certification that date. Please send a copy of any reference the standards in appendix D
revoked for failing to comply with the hearing request to the person listed in in 82.161(c), ‘‘the Administrator
recordkeeping and reporting the FOR FURTHER INFORMATION CONTACT reserves the right to revoke approval in
requirements in 40 CFR 82.166. The section below. Technicians certified by accordance with Section 82.169.’’
dates of revocation are noted on EPA’s these programs will remain certified, in Today’s notice concerns the revocation
Web site and in the DATES section of this accordance with 40 CFR 82.161(a). of the approval of 15 programs.
notice. EPA sent letters to these two These 15 programs were sent certified
FOR FURTHER INFORMATION CONTACT:
companies in November 2009, and letters explaining that EPA was missing
February 12, 2009, respectively, that Robert Burchard, Stratospheric
required activity reports and listing
included an explanation of the basis for Protection Division, Office of
which reports were missing. In the
EPA’s decision. Atmospheric Programs (6205T),
letters, the programs were offered the
Environmental Protection Agency, 1200
Dated: November 16, 2015. opportunity to come into compliance by
Pennsylvania Ave. NW., Washington,
Drusilla Hufford, submitting missing reports.1 The
DC 20460; telephone number (202) 343–
Agency received no replies. The
Director, Stratospheric Protection Division. 9126; fax number: (202) 343–2338;
programs in the table below have thirty
[FR Doc. 2015–30363 Filed 12–1–15; 8:45 am] email address: burchard.robert@epa.gov.
days from the date of publication of this
BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: notice to submit their missing reports.
I. General Information Failure to submit these reports so that
they are received by January 4, 2016
ENVIRONMENTAL PROTECTION How can I get copies of this document will result in an automatic suspension
AGENCY and other related information? of the program’s approval to offer the
[EPA–HQ–OAR–2015–0272; FRL–9939–42– Docket. EPA has established a docket technician certification exam and of its
OAR] for this action under Docket ID No. approval to newly issue Section 608
EPA–HQ–OAR–2015–0272. Publicly technician certification cards.
Protection of Stratospheric Ozone: available docket materials are available Automatic program revocation will
Notice of Pending Suspension and either electronically through occur on February 1, 2016 for any
Revocation of 15 Programs From www.regulations.gov or in hard copy at certifying organization that fails to
EPA’s List of Section 608 Technician the Air Docket, EPA/DC, WJC West provide missing reports, unless the
Certifying Programs and Voluntary Building, Room 3334, 1301 Constitution organization receiving this notice of
Withdrawals for 3 Programs Avenue NW., Washington DC. This impending suspension and revocation
AGENCY: Environmental Protection Docket Facility is open from 8:30 a.m. requests a hearing in accordance with
Agency (EPA). to 4:30 p.m., Monday through Friday, the regulations published at 40 CFR
ACTION: Notice of pending suspension excluding legal holidays. The Docket 82.169 before that date. The EPA
and revocations and voluntary telephone number is (202) 566–1742. expects to announce the final
withdrawals. Electronic Access. You may access revocations in a separate Federal
this Federal Register document Register notice and to accordingly
SUMMARY: The Environmental Protection electronically from the Government update the list of approved technician
Agency (EPA) is updating its list of Printing Office under the ‘‘Federal certification programs mentioned above.
TABLE—DELINQUENT TECHNICIAN CERTIFICATION PROGRAMS
jstallworth on DSK7TPTVN1PROD with NOTICES
Number Technician certification program Year of most recent activity report
1 .............................. ACI Environmental Safety Training Institute ......................... 2009.
2 .............................. California Career Center ........................................................ No record of a submitted report.
3 .............................. Delaware County Community College .................................. 2011.
1 Some of these organizations also received notice revocations, but because some of these letters were returned to us unopened, we are providing a second
in these letters of impending suspensions and notice in this Federal Register notice.
VerDate Sep<11>2014 13:24 Dec 01, 2015 Jkt 238001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\02DEN1.SGM 02DEN1](https://thefederalregister.org/doc/80_FR_75686/page/2.svg)
Document Created: 2015-12-14 13:48:38
Document Modified: 2015-12-14 13:48:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of revocation. | |
| Dates | If RefEx wishes to request a hearing for the impending revocation of its reclaimer certification, it must request a hearing in writing on or before January 4, 2016. If a written request and supporting data are not received by that date, RefEx's certification to reclaim refrigerants is revoked effective February 1, 2016. | |
| Contact | Luke Hall-Jordan, Stratospheric Protection Division, Office of Atmospheric Programs, (6205T), 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number (202) | |
| FR Citation | 80 FR 75455 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR