82_FR_45389 82 FR 45202 - Protection of Stratospheric Ozone: Refrigerant Management Regulations for Small Cans of Motor Vehicle Refrigerant

82 FR 45202 - Protection of Stratospheric Ozone: Refrigerant Management Regulations for Small Cans of Motor Vehicle Refrigerant

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 187 (September 28, 2017)

Page Range45202-45205
FR Document2017-20840

EPA is taking direct final action to correct an editing oversight that led to a potential conflict in a prior rulemaking as to whether or not containers holding two pounds or less of non-exempt substitute refrigerants for use in motor vehicle air conditioning that are not equipped with a self-sealing valve can be sold to persons that are not certified technicians, provided those small cans were manufactured or imported prior to January 1, 2018. This action clarifies that those small cans may continue to be sold to persons that are not certified as technicians under sections 608 or 609 of the Clean Air Act.

Federal Register, Volume 82 Issue 187 (Thursday, September 28, 2017)
[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Rules and Regulations]
[Pages 45202-45205]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20840]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2017-0213; FRL-9968-68-OAR]
RIN 2060-AT43


Protection of Stratospheric Ozone: Refrigerant Management 
Regulations for Small Cans of Motor Vehicle Refrigerant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to correct an editing 
oversight that led to a potential conflict in a prior rulemaking as to 
whether or not containers holding two pounds or less of non-exempt 
substitute refrigerants for use in motor vehicle air conditioning that 
are not equipped with a self-sealing valve can be sold to persons that 
are not certified technicians, provided those small cans were 
manufactured or imported prior to January 1, 2018. This action 
clarifies that those small cans may continue to be sold to persons that 
are not certified as technicians under sections 608 or 609 of the Clean 
Air Act.

DATES: This rule is effective on December 27, 2017 without further 
notice, unless EPA receives adverse comment by October 30, 2017. If EPA 
receives adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2017-0213, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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.

FOR FURTHER INFORMATION CONTACT: Sara Kemme by regular mail: U.S. 
Environmental Protection Agency, Stratospheric Protection Division 
(6205T), 1200 Pennsylvania Avenue NW., Washington, DC 20460; by 
telephone: (202) 566-0511; or by email: [email protected].

SUPPLEMENTARY INFORMATION

I. Why is EPA using a direct final rule?

    EPA is publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. This rule makes a minor change in regulatory text, 
which is intended to resolve a potential conflict in the current 
regulatory text and to ensure that the regulatory text conforms to the 
EPA's intention when finalizing the regulatory text at issue. However, 
in the ``Proposed Rules'' section of today's Federal Register, we are 
publishing a separate document that will serve as the proposed rule to 
make this revision to the regulatory text if adverse comments are 
received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. In this action, EPA is not making, and is not 
seeking comment on, any changes to the regulations at 40 CFR part 82, 
subpart F other than the revision discussed in this notice. For further 
information about commenting on this rule, see the ADDRESSES section of 
this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. In that case, we would address 
all public comments in any subsequent final rule based on the proposed 
rule. If no adverse comment is received by October 30, 2017, this 
direct final rule will be effective on December 27, 2017 without 
further notice and no further action will be taken on the proposed 
rule.

II. Does this action apply to me?

    Categories and entities potentially affected by this action include 
entities that distribute or sell small cans of refrigerant for use in 
motor vehicle air conditioning (MVAC). Regulated entities include, but 
are not limited to, manufacturers and distributors of small cans of 
refrigerant (NAICS codes 325120, 441310, 447110) such as automotive 
parts and accessories stores and industrial gas manufacturers. This 
list is not intended to be exhaustive, but rather to provide a guide 
for readers

[[Page 45203]]

regarding entities likely to be regulated by this action. To determine 
whether your facility, company, business, or organization could be 
regulated by this action, you should carefully examine the regulations 
at 40 CFR part 82, subpart F. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the FOR FURTHER INFORMATION CONTACT section.

III. What should I consider as I prepare my comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI). In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

IV. What action is the agency taking?

    Section 608 of the Clean Air Act (CAA) bears the title ``National 
Recycling and Emission Reduction Program.'' Under the structure of 
section 608, this program has three main components. First, section 
608(a) requires EPA to establish standards and requirements regarding 
use and disposal of class I and II substances, including a 
comprehensive refrigerant management program to limit emissions of 
ozone-depleting refrigerants. The CAA directs EPA to include 
regulations that reduce the use and emissions of class I and II 
substances to the lowest achievable level and that maximize the 
recapture and recycling of such substances. The second component, 
section 608(b), requires that the regulations issued pursuant to 
subsection (a) contain requirements for the safe disposal of class I 
and class II substances. The third component, section 608(c), prohibits 
the knowing venting, release, or disposal of ozone-depleting 
refrigerants and their substitutes during the maintenance, service, 
repair, or disposal of air-conditioning and refrigeration appliances or 
industrial process refrigeration.
    EPA first issued regulations under section 608 of the CAA on May 
14, 1993 (58 FR 28660), to establish the national refrigerant 
management program for ozone-depleting refrigerants recovered during 
the maintenance, service, repair, and disposal of air-conditioning and 
refrigeration appliances. These regulations were intended to 
substantially reduce the use and emissions of ozone-depleting 
refrigerants. EPA revised these regulations through subsequent 
rulemakings published on August 19, 1994 (59 FR 42950), November 9, 
1994 (59 FR 55912), August 8, 1995 (60 FR 40420), July 24, 2003 (68 FR 
43786), March 12, 2004 (69 FR 11946), January 11, 2005 (70 FR 1972), 
May 23, 2014 (79 FR 29682), and April 10, 2015 (80 FR 19453). For a 
more detailed summary of the history of EPA's Refrigerant Management 
Program see the discussion in the most recent update to these 
regulations at 81 FR 82272, 82275 (Nov. 18, 2016).
    On November 9, 2015, EPA proposed the most recent updates to the 
refrigerant management regulations under section 608 of the CAA (80 FR 
69458). Among other things, EPA proposed to extend the sales 
restriction to non-exempt substitute refrigerants with an exception for 
small cans of refrigerant for use in MVAC. That is, the proposed 
revisions would have restricted the sale of non-exempt substitute 
refrigerants to certified technicians, with an exception for small cans 
(two pounds or less) of non-exempt substitute refrigerant for the 
servicing of MVACs \1\ if the cans had a self-sealing valve. EPA 
requested comments on several aspects of this proposal including a 
scenario that would have included a sell-through provision for all 
small cans manufactured or imported prior to that effective date. 80 FR 
69481. The proposal further stated that:
---------------------------------------------------------------------------

    \1\ In this context, containers that meet these criteria are 
referred to interchangeably as ``small cans of MVAC refrigerant,'' 
``small cans of refrigerant for MVAC servicing,'' or simply ``small 
cans.''

    For manufacture and import of small cans of refrigerant for MVAC 
servicing, EPA is proposing a compliance date of one year from 
publication of the final rule. EPA is also proposing to allow small 
cans manufactured and placed into initial inventory or imported 
before that date to be sold for one additional year. For example, if 
the rule is published on July 1, 2016, small can manufacturers would 
have until July 1, 2017, to transition their manufacturing lines to 
add self-sealing valves. Manufacturers, distributors, and auto parts 
stores would be able to sell all small cans manufactured and placed 
into initial inventory or imported prior to July 1, 2017, until July 
1, 2018. EPA seeks comments on this proposed implementation 
---------------------------------------------------------------------------
timeline. [80 FR 69509]

    On November 18, 2016, EPA published a rule finalizing the proposed 
restriction that non-exempt substitute refrigerants may only be sold to 
technicians certified under sections 608 or 609 of the CAA. (81 FR 
82280). In the case of refrigerant for use in MVAC, EPA finalized the 
exemption for the sale of certain small cans of non-ozone-depleting 
substitutes with a self-sealing valve to allow the do-it-yourself 
community to continue servicing their personal vehicles. Id. However, 
the agency did not finalize the sell-through provision. The preamble to 
the final rule states that, ``EPA is requiring that small cans of non-
exempt substitute refrigerant be outfitted with self-sealing valves by 
January 1, 2018. Based on comments, EPA is not finalizing the proposal 
to prohibit the sale of small cans that do not contain self-sealing 
valves that were manufactured or imported prior to that requirement 
taking effect.'' Id. The preamble further stated:

    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

[[Page 45204]]

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. [81 FR 
82342]

    EPA described its intention to allow the continued sale of small 
cans without self-sealing valves that were manufactured or imported 
before the January 1, 2018, compliance date as follows:

    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. [81 FR 82342]

    These intentions were also expressed in the regulatory text at 40 
CFR 82.154(c)(2), which was revised in the November 2016 rule to state: 
``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 . . . .'' However, 
because of an editing error, another provision, 40 CFR 
82.154(c)(1)(ix), contains text that could be construed as 
contradicting the Agency's clearly expressed intent to allow non-
technicians to purchase, and retailers to sell, small cans of 
refrigerant for use in MVAC that were manufactured or imported before 
the January 1, 2018, compliance date irrespective of whether they have 
a self-sealing valve. The relevant text in 40 CFR 82.154(c)(1) provides 
that beginning January 1, 2018 no person may sell or distribute any 
non-exempt substitute for use as a refrigerant unless it ``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.
    The Automotive Refrigeration Products Institute and the Auto Care 
Association inquired about whether the language in 40 CFR 
82.154(c)(1)(ix) effectively negates the provision in 40 CFR 
82.154(c)(2) and the preamble discussion showing EPA's intention to 
allow small cans of refrigerant for use in MVAC manufactured or 
imported before January 1, 2018, to continue to be sold without self-
sealing valves. EPA is publishing this direct final rule to revise the 
regulatory text, so that persons in possession of small cans of 
refrigerant for use in MVAC without self-sealing valves that were 
manufactured or imported before January 1, 2018, can be assured that 
they will be able to sell off their existing inventories without 
disruption.
    This action will eliminate burden associated with regulatory 
uncertainty in this area. The Automotive Refrigeration Products 
Institute and the Auto Care Association informed EPA that the lack of 
clarity surrounding the status of small cans of refrigerant for use in 
MVAC without self-sealing valves that were manufactured or imported 
before the compliance date is already creating confusion. Unless 
resolved, this lack of clarity could unnecessarily influence sales of 
automotive refrigerant during 2017. This is because retailers may not 
want to stock large numbers of these small cans of refrigerant for use 
in MVAC unless they are given some assurance that they will be able to 
sell off any remaining inventory after January 1, 2018. There is also 
the concern that if clarity is not provided by January 1, 2018, 
retailers may feel compelled to manually pull cans without self-sealing 
valves from their shelves and return the cans to their supplier(s). 
This rule will eliminate the cost of that stranded inventory and also 
eliminate other non-quantified burdens associated with the removal of 
such cans from the market, such as the labor involved in segregating 
small cans with self-sealing valves from those without self-sealing 
valves and physically pulling those from shelves.

V. Statutes and Executive Orders Review

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

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0256. These changes do not add information 
collection requirements beyond those currently required under the 
applicable regulations.

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. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. This action clarifies that small cans of 
refrigerant for use in MVAC may be sold to persons who are not 
certified technicians even if they are not equipped with a self-sealing 
valve, so long as those small cans are manufactured or imported prior 
to January 1, 2018. We have therefore concluded that this action will 
have no net regulatory burden for all directly regulated small 
entities.

D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action corrects a potential conflict in the 
refrigerant management regulations as to whether or not small cans of 
refrigerant for use in MVAC could be sold to non-technicians if they 
were manufactured or imported prior to January 1, 2018, and do not have 
a self-sealing valve. This action clarifies that those small cans of 
refrigerant for use in MVAC may be sold to persons who are not 
certified technicians.

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.

[[Page 45205]]

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 action corrects a potential conflict in the 
refrigerant management regulations as to whether or not small cans of 
refrigerant for use in MVAC could be sold to non-technicians if they 
were manufactured or imported prior to January 1, 2018, and do not have 
a self-sealing valve. Thus, Executive Order 13175 does not apply to 
this action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
    This action does not affect the level of protection provided to 
human health or the environment. This action corrects a potential 
conflict in the refrigerant management regulations as to whether or not 
small cans of refrigerant for use in MVAC could be sold to non-
technicians if they were manufactured or imported prior to January 1, 
2018, and do not have a self-sealing valve. This action clarifies that 
those small cans of refrigerant for use in MVAC may be sold to persons 
who are not certified technicians. The documentation for this decision 
is contained in Docket No. EPA-HQ-OAR-2017-0213, where EPA's assessment 
of the underlying regulatory changes that led to this correction found 
no disproportionately high and adverse human health or environmental 
effects on minority populations, low-income populations and/or 
indigenous peoples.

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, 
Reporting and recordkeeping requirements.

    Dated: September 21, 2017.
E. Scott Pruitt,
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. In Sec.  82.154, revise paragraph (c)(1)(ix) to read as follows:


Sec.  82.154  Prohibitions.

* * * * *
    (c) * * *
    (1) * * *
    (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, if manufactured or imported 
on or after January 1, 2018, has a self-sealing valve that complies 
with the requirements of paragraph (c)(2) of this section.
* * * * *
[FR Doc. 2017-20840 Filed 9-27-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                45202             Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations

                                                         TABLE 4 TO SUBPART BB OF PART 63—OPERATING PARAMETERS, OPERATING LIMITS AND DATA MONITORING,
                                                                             RECORDKEEPING AND COMPLIANCE FREQUENCIES—Continued
                                                                                                                                                     And you must monitor, record, and demonstrate continuous
                                                                                                                                                     compliance using these minimum frequencies . . .
                                                For the operating parameter applica-                    You must establish the following op-
                                                ble to you, as specified in Table                       erating limit during your performance                                                            Data averaging
                                                3 . . .                                                 test . . .                                   Data measurement             Data recording           period for
                                                                                                                                                                                                          compliance

                                                Sorbent injection carrier gas flow rate                 Minimum carrier gas flow rate ...........    Continuous .............   Every 15 minutes ...   Daily.

                                                                                                                                    Fabric Filters

                                                Alarm time ..........................................   Maximum alarm time is not estab-             Continuous .............   Each date and time     Maximum alarm
                                                                                                         lished on a site-specific basis but                                      of alarm start and    time specified in
                                                                                                         is specified in § 63.605(f)(9).                                          stop.                 § 63.605(f)(9).

                                                                                                                          Wet Electrostatic Precipitator

                                                Secondary voltage ..............................        Secondary voltage range ..................   Continuous .............   Every 15 minutes ...   Daily.



                                                [FR Doc. 2017–20171 Filed 9–27–17; 8:45 am]                      OAR–2017–0213, at http://                                and to ensure that the regulatory text
                                                BILLING CODE 6560–50–P                                           www.regulations.gov. Follow the online                   conforms to the EPA’s intention when
                                                                                                                 instructions for submitting comments.                    finalizing the regulatory text at issue.
                                                                                                                 Once submitted, comments cannot be                       However, in the ‘‘Proposed Rules’’
                                                ENVIRONMENTAL PROTECTION                                         edited or removed from Regulations.gov.                  section of today’s Federal Register, we
                                                AGENCY                                                           EPA may publish any comment received                     are publishing a separate document that
                                                                                                                 to its public docket. Do not submit                      will serve as the proposed rule to make
                                                40 CFR Part 82                                                   electronically any information you                       this revision to the regulatory text if
                                                [EPA–HQ–OAR–2017–0213; FRL–9968–68–                              consider to be Confidential Business                     adverse comments are received on this
                                                OAR]                                                             Information (CBI) or other information                   direct final rule. We will not institute a
                                                                                                                 whose disclosure is restricted by statute.               second comment period on this action.
                                                RIN 2060–AT43                                                                                                             Any parties interested in commenting
                                                                                                                 Multimedia submissions (audio, video,
                                                                                                                 etc.) must be accompanied by a written                   must do so at this time. In this action,
                                                Protection of Stratospheric Ozone:
                                                                                                                 comment. The written comment is                          EPA is not making, and is not seeking
                                                Refrigerant Management Regulations
                                                                                                                 considered the official comment and                      comment on, any changes to the
                                                for Small Cans of Motor Vehicle
                                                                                                                 should include discussion of all points                  regulations at 40 CFR part 82, subpart F
                                                Refrigerant
                                                                                                                 you wish to make. EPA will generally                     other than the revision discussed in this
                                                AGENCY: Environmental Protection                                 not consider comments or comment                         notice. For further information about
                                                Agency (EPA).                                                    contents located outside of the primary                  commenting on this rule, see the
                                                ACTION: Direct final rule.                                       submission (i.e., on the web, cloud, or                  ADDRESSES section of this document.
                                                                                                                 other file sharing system). For                             If EPA receives adverse comment, we
                                                SUMMARY:    EPA is taking direct final                           additional submission methods, the full                  will publish a timely withdrawal in the
                                                action to correct an editing oversight                           EPA public comment policy,                               Federal Register informing the public
                                                that led to a potential conflict in a prior                      information about CBI or multimedia                      that this direct final rule will not take
                                                rulemaking as to whether or not                                  submissions, and general guidance on                     effect. In that case, we would address all
                                                containers holding two pounds or less                            making effective comments, please visit                  public comments in any subsequent
                                                of non-exempt substitute refrigerants for                        http://www2.epa.gov/dockets/                             final rule based on the proposed rule. If
                                                use in motor vehicle air conditioning                            commenting-epa-dockets.                                  no adverse comment is received by
                                                that are not equipped with a self-sealing                                                                                 October 30, 2017, this direct final rule
                                                                                                                 FOR FURTHER INFORMATION CONTACT: Sara
                                                valve can be sold to persons that are not                                                                                 will be effective on December 27, 2017
                                                                                                                 Kemme by regular mail: U.S.                              without further notice and no further
                                                certified technicians, provided those                            Environmental Protection Agency,
                                                small cans were manufactured or                                                                                           action will be taken on the proposed
                                                                                                                 Stratospheric Protection Division                        rule.
                                                imported prior to January 1, 2018. This                          (6205T), 1200 Pennsylvania Avenue
                                                action clarifies that those small cans                           NW., Washington, DC 20460; by                            II. Does this action apply to me?
                                                may continue to be sold to persons that                          telephone: (202) 566–0511; or by email:                     Categories and entities potentially
                                                are not certified as technicians under                           kemme.sara@epa.gov.                                      affected by this action include entities
                                                sections 608 or 609 of the Clean Air Act.
                                                                                                                 SUPPLEMENTARY INFORMATION                                that distribute or sell small cans of
                                                DATES: This rule is effective on                                                                                          refrigerant for use in motor vehicle air
                                                December 27, 2017 without further                                I. Why is EPA using a direct final rule?
                                                                                                                                                                          conditioning (MVAC). Regulated
                                                notice, unless EPA receives adverse                                 EPA is publishing this direct final                   entities include, but are not limited to,
jstallworth on DSKBBY8HB2PROD with RULES




                                                comment by October 30, 2017. If EPA                              rule without a prior proposed rule                       manufacturers and distributors of small
                                                receives adverse comment, we will                                because we view this as a                                cans of refrigerant (NAICS codes
                                                publish a timely withdrawal in the                               noncontroversial action and anticipate                   325120, 441310, 447110) such as
                                                Federal Register informing the public                            no adverse comment. This rule makes a                    automotive parts and accessories stores
                                                that the rule will not take effect.                              minor change in regulatory text, which                   and industrial gas manufacturers. This
                                                ADDRESSES: Submit your comments,                                 is intended to resolve a potential                       list is not intended to be exhaustive, but
                                                identified by Docket ID No. EPA–HQ–                              conflict in the current regulatory text                  rather to provide a guide for readers


                                           VerDate Sep<11>2014       14:07 Sep 27, 2017       Jkt 241001   PO 00000    Frm 00030   Fmt 4700   Sfmt 4700   E:\FR\FM\28SER1.SGM      28SER1


                                                                 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations                                               45203

                                                regarding entities likely to be regulated                Recycling and Emission Reduction                      MVACs 1 if the cans had a self-sealing
                                                by this action. To determine whether                     Program.’’ Under the structure of section             valve. EPA requested comments on
                                                your facility, company, business, or                     608, this program has three main                      several aspects of this proposal
                                                organization could be regulated by this                  components. First, section 608(a)                     including a scenario that would have
                                                action, you should carefully examine                     requires EPA to establish standards and               included a sell-through provision for all
                                                the regulations at 40 CFR part 82,                       requirements regarding use and disposal               small cans manufactured or imported
                                                subpart F. If you have questions                         of class I and II substances, including a             prior to that effective date. 80 FR 69481.
                                                regarding the applicability of this action               comprehensive refrigerant management                  The proposal further stated that:
                                                to a particular entity, consult the person               program to limit emissions of ozone-                    For manufacture and import of small cans
                                                listed in the FOR FURTHER INFORMATION                    depleting refrigerants. The CAA directs               of refrigerant for MVAC servicing, EPA is
                                                CONTACT section.                                         EPA to include regulations that reduce                proposing a compliance date of one year from
                                                                                                         the use and emissions of class I and II               publication of the final rule. EPA is also
                                                III. What should I consider as I prepare                 substances to the lowest achievable                   proposing to allow small cans manufactured
                                                my comments for EPA?                                     level and that maximize the recapture                 and placed into initial inventory or imported
                                                   A. Submitting CBI. Do not submit this                 and recycling of such substances. The                 before that date to be sold for one additional
                                                information to EPA through                               second component, section 608(b),                     year. For example, if the rule is published on
                                                www.regulations.gov or email. Clearly                    requires that the regulations issued                  July 1, 2016, small can manufacturers would
                                                                                                                                                               have until July 1, 2017, to transition their
                                                mark the part or all of the information                  pursuant to subsection (a) contain
                                                                                                                                                               manufacturing lines to add self-sealing
                                                that you claim to be CBI. For CBI                        requirements for the safe disposal of                 valves. Manufacturers, distributors, and auto
                                                information in a disk or CD ROM that                     class I and class II substances. The third            parts stores would be able to sell all small
                                                you mail to EPA, mark the outside of the                 component, section 608(c), prohibits the              cans manufactured and placed into initial
                                                disk or CD ROM as CBI and then                           knowing venting, release, or disposal of              inventory or imported prior to July 1, 2017,
                                                identify electronically within the disk or               ozone-depleting refrigerants and their                until July 1, 2018. EPA seeks comments on
                                                CD ROM the specific information that is                  substitutes during the maintenance,                   this proposed implementation timeline. [80
                                                claimed as CBI). In addition to one                      service, repair, or disposal of air-                  FR 69509]
                                                complete version of the comment that                     conditioning and refrigeration                          On November 18, 2016, EPA
                                                includes information claimed as CBI, a                   appliances or industrial process                      published a rule finalizing the proposed
                                                copy of the comment that does not                        refrigeration.                                        restriction that non-exempt substitute
                                                contain the information claimed as CBI                     EPA first issued regulations under                  refrigerants may only be sold to
                                                must be submitted for inclusion in the                   section 608 of the CAA on May 14, 1993                technicians certified under sections 608
                                                public docket. Information so marked                     (58 FR 28660), to establish the national              or 609 of the CAA. (81 FR 82280). In the
                                                will not be disclosed except in                          refrigerant management program for                    case of refrigerant for use in MVAC,
                                                accordance with procedures set forth in                  ozone-depleting refrigerants recovered                EPA finalized the exemption for the sale
                                                40 CFR part 2.                                           during the maintenance, service, repair,              of certain small cans of non-ozone-
                                                   B. Tips for Preparing Your Comments.                  and disposal of air-conditioning and                  depleting substitutes with a self-sealing
                                                When submitting comments, remember                       refrigeration appliances. These                       valve to allow the do-it-yourself
                                                to:                                                      regulations were intended to                          community to continue servicing their
                                                   • Identify the rulemaking by docket                   substantially reduce the use and                      personal vehicles. Id. However, the
                                                number and other identifying                             emissions of ozone-depleting
                                                                                                                                                               agency did not finalize the sell-through
                                                information (subject heading, Federal                    refrigerants. EPA revised these
                                                                                                                                                               provision. The preamble to the final rule
                                                Register date and page number).                          regulations through subsequent
                                                                                                                                                               states that, ‘‘EPA is requiring that small
                                                   • Follow directions—The agency may                    rulemakings published on August 19,
                                                                                                                                                               cans of non-exempt substitute
                                                ask you to respond to specific questions                 1994 (59 FR 42950), November 9, 1994
                                                                                                                                                               refrigerant be outfitted with self-sealing
                                                or organize comments by referencing a                    (59 FR 55912), August 8, 1995 (60 FR
                                                                                                                                                               valves by January 1, 2018. Based on
                                                Code of Federal Regulations (CFR) part                   40420), July 24, 2003 (68 FR 43786),
                                                                                                                                                               comments, EPA is not finalizing the
                                                or section number.                                       March 12, 2004 (69 FR 11946), January
                                                                                                                                                               proposal to prohibit the sale of small
                                                   • Explain why you agree or disagree;                  11, 2005 (70 FR 1972), May 23, 2014 (79
                                                                                                                                                               cans that do not contain self-sealing
                                                suggest alternatives and substitute                      FR 29682), and April 10, 2015 (80 FR
                                                                                                         19453). For a more detailed summary of                valves that were manufactured or
                                                language for your requested changes.                                                                           imported prior to that requirement
                                                   • Describe any assumptions and                        the history of EPA’s Refrigerant
                                                                                                         Management Program see the discussion                 taking effect.’’ Id. The preamble further
                                                provide any technical information and/
                                                                                                         in the most recent update to these                    stated:
                                                or data that you used.
                                                   • If you estimate potential costs or                  regulations at 81 FR 82272, 82275 (Nov.                 With regards to small cans of MVAC
                                                burdens, explain how you arrived at                      18, 2016).                                            refrigerant, manufacturers, distributors and
                                                your estimate in sufficient detail to                      On November 9, 2015, EPA proposed                   retailers of automotive refrigerant supported
                                                                                                         the most recent updates to the                        the proposed ‘‘manufacture-by’’ date of one
                                                allow for it to be reproduced.                                                                                 year from publication of the final rule, but
                                                   • Provide specific examples to                        refrigerant management regulations
                                                                                                                                                               commented that they oppose a sell-through
                                                illustrate your concerns, and suggest                    under section 608 of the CAA (80 FR                   date for small cans that do not have self-
                                                alternatives.                                            69458). Among other things, EPA                       sealing valves. They commented that such a
                                                   • Explain your views as clearly as                    proposed to extend the sales restriction              requirement would be inefficient,
                                                possible, avoiding the use of profanity                  to non-exempt substitute refrigerants                 burdensome, costly, and environmentally
                                                or personal threats.                                     with an exception for small cans of                   problematic. It would require all retailers to
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                                                   • Make sure to submit your                            refrigerant for use in MVAC. That is, the             know of the requirement and establish
                                                comments by the comment period                           proposed revisions would have                         processes for returning unsold cans back to
                                                deadline identified.                                     restricted the sale of non-exempt
                                                                                                                                                                 1 In this context, containers that meet these
                                                                                                         substitute refrigerants to certified
                                                IV. What action is the agency taking?                    technicians, with an exception for small              criteria are referred to interchangeably as ‘‘small
                                                                                                                                                               cans of MVAC refrigerant,’’ ‘‘small cans of
                                                  Section 608 of the Clean Air Act                       cans (two pounds or less) of non-exempt               refrigerant for MVAC servicing,’’ or simply ‘‘small
                                                (CAA) bears the title ‘‘National                         substitute refrigerant for the servicing of           cans.’’



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                                                45204            Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations

                                                the manufacturer for destruction. More                      The Automotive Refrigeration                       B. Paperwork Reduction Act (PRA)
                                                likely, the cans may be improperly disposed              Products Institute and the Auto Care
                                                of, which would negate the environmental                 Association inquired about whether the                  This action does not impose any new
                                                benefit of the new provisions. One                                                                             information collection burden under the
                                                commenter stated that a ‘‘manufacture-by’’               language in 40 CFR 82.154(c)(1)(ix)
                                                                                                         effectively negates the provision in 40               PRA. OMB has previously approved the
                                                date would shift EPA’s burden in ensuring
                                                                                                         CFR 82.154(c)(2) and the preamble                     information collection activities
                                                compliance from a few manufacturers to
                                                thousands of retailers. Furthermore,                     discussion showing EPA’s intention to                 contained in the existing regulations
                                                commenters cited EPA’s July 2015 SNAP rule               allow small cans of refrigerant for use in            and has assigned OMB control number
                                                (80 FR 42901; July 20, 2015) which listed                MVAC manufactured or imported before                  2060–0256. These changes do not add
                                                HFC–134a as unacceptable for use as an
                                                                                                         January 1, 2018, to continue to be sold               information collection requirements
                                                aerosol as of a ‘‘manufacture-by’’ date, rather                                                                beyond those currently required under
                                                than a ‘‘sell-by’’ date. [81 FR 82342]                   without self-sealing valves. EPA is
                                                                                                                                                               the applicable regulations.
                                                                                                         publishing this direct final rule to revise
                                                  EPA described its intention to allow                   the regulatory text, so that persons in               C. Regulatory Flexibility Act (RFA)
                                                the continued sale of small cans without                 possession of small cans of refrigerant
                                                self-sealing valves that were                            for use in MVAC without self-sealing                     I certify that this action will not have
                                                manufactured or imported before the                      valves that were manufactured or                      a significant economic impact on a
                                                January 1, 2018, compliance date as                      imported before January 1, 2018, can be               substantial number of small entities
                                                follows:                                                 assured that they will be able to sell off            under the RFA. In making this
                                                   In response to the comments received on               their existing inventories without                    determination, the impact of concern is
                                                EPA’s proposal to allow small cans                       disruption.                                           any significant adverse economic
                                                manufactured and placed into initial                                                                           impact on small entities. An agency may
                                                inventory or imported before that date to be                This action will eliminate burden                  certify that a rule will not have a
                                                sold for one additional year, EPA is not                 associated with regulatory uncertainty                significant economic impact on a
                                                finalizing the sell-through requirement and is           in this area. The Automotive                          substantial number of small entities if
                                                finalizing only a date by which small cans               Refrigeration Products Institute and the
                                                must be manufactured or imported with a
                                                                                                                                                               the rule relieves regulatory burden, has
                                                                                                         Auto Care Association informed EPA                    no net burden or otherwise has a
                                                self-sealing valve. EPA agrees that this is the          that the lack of clarity surrounding the
                                                least-burdensome option and that it avoids                                                                     positive economic effect on the small
                                                the potential for any unintended                         status of small cans of refrigerant for use           entities subject to the rule. This action
                                                consequences of a ‘‘sell-by’’ date. [81 FR               in MVAC without self-sealing valves                   clarifies that small cans of refrigerant for
                                                82342]                                                   that were manufactured or imported                    use in MVAC may be sold to persons
                                                                                                         before the compliance date is already                 who are not certified technicians even if
                                                   These intentions were also expressed                  creating confusion. Unless resolved, this
                                                in the regulatory text at 40 CFR                                                                               they are not equipped with a self-sealing
                                                                                                         lack of clarity could unnecessarily                   valve, so long as those small cans are
                                                82.154(c)(2), which was revised in the                   influence sales of automotive refrigerant
                                                November 2016 rule to state: ‘‘Self-                                                                           manufactured or imported prior to
                                                                                                         during 2017. This is because retailers                January 1, 2018. We have therefore
                                                sealing valve specifications. This                       may not want to stock large numbers of
                                                provision applies starting January 1,                                                                          concluded that this action will have no
                                                                                                         these small cans of refrigerant for use in            net regulatory burden for all directly
                                                2018, for all containers holding two                     MVAC unless they are given some
                                                pounds or less of non-exempt substitute                                                                        regulated small entities.
                                                                                                         assurance that they will be able to sell
                                                refrigerant for use in an MVAC that are                                                                        D. Unfunded Mandates Reform Act
                                                                                                         off any remaining inventory after
                                                manufactured or imported on or after
                                                                                                         January 1, 2018. There is also the
                                                that date. (i) Each container holding two                                                                        This action does not contain any
                                                                                                         concern that if clarity is not provided by
                                                pounds or less of non-exempt substitute                                                                        unfunded mandate as described in
                                                                                                         January 1, 2018, retailers may feel
                                                refrigerant for use in an MVAC must be                                                                         UMRA, 2 U.S.C. 1531–1538, and does
                                                equipped with a single self-sealing valve                compelled to manually pull cans
                                                                                                                                                               not significantly or uniquely affect small
                                                that automatically closes and seals                      without self-sealing valves from their
                                                                                                                                                               governments. This action corrects a
                                                when not dispensing refrigerant . . . .’’                shelves and return the cans to their
                                                                                                                                                               potential conflict in the refrigerant
                                                However, because of an editing error,                    supplier(s). This rule will eliminate the
                                                                                                                                                               management regulations as to whether
                                                another provision, 40 CFR                                cost of that stranded inventory and also
                                                                                                                                                               or not small cans of refrigerant for use
                                                82.154(c)(1)(ix), contains text that could               eliminate other non-quantified burdens
                                                                                                                                                               in MVAC could be sold to non-
                                                be construed as contradicting the                        associated with the removal of such
                                                                                                                                                               technicians if they were manufactured
                                                Agency’s clearly expressed intent to                     cans from the market, such as the labor
                                                                                                                                                               or imported prior to January 1, 2018,
                                                allow non-technicians to purchase, and                   involved in segregating small cans with
                                                                                                                                                               and do not have a self-sealing valve.
                                                retailers to sell, small cans of refrigerant             self-sealing valves from those without
                                                                                                                                                               This action clarifies that those small
                                                for use in MVAC that were                                self-sealing valves and physically
                                                                                                                                                               cans of refrigerant for use in MVAC may
                                                manufactured or imported before the                      pulling those from shelves.
                                                                                                                                                               be sold to persons who are not certified
                                                January 1, 2018, compliance date
                                                                                                         V. Statutes and Executive Orders                      technicians.
                                                irrespective of whether they have a self-
                                                                                                         Review
                                                sealing valve. The relevant text in 40                                                                         E. Executive Order 13132: Federalism
                                                CFR 82.154(c)(1) provides that                           A. Executive Order 12866: Regulatory
                                                beginning January 1, 2018 no person                      Planning and Review and Executive                       This action does not have federalism
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                                                may sell or distribute any non-exempt                    Order 13563: Improving Regulation and                 implications. It will not have substantial
                                                substitute for use as a refrigerant unless               Regulatory Review                                     direct effects on the states, on the
                                                it ‘‘is intended for use in an MVAC and                                                                        relationship between the national
                                                is sold in a container designed to hold                    This action is not a significant                    government and the states, or on the
                                                two pounds or less of refrigerant, has a                 regulatory action and was therefore not               distribution of power and
                                                unique fitting, and has a self-sealing                   submitted to the Office of Management                 responsibilities among the various
                                                valve.                                                   and Budget (OMB) for review.                          levels of government.


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                                                                 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations                                      45205

                                                F. Executive Order 13175: Consultation                   technicians. The documentation for this               DEPARTMENT OF HEALTH AND
                                                and Coordination With Indian Tribal                      decision is contained in Docket No.                   HUMAN SERVICES
                                                Governments                                              EPA–HQ–OAR–2017–0213, where
                                                  This action does not have tribal                       EPA’s assessment of the underlying                    Administration for Children and
                                                implications as specified in Executive                   regulatory changes that led to this                   Families
                                                Order 13175. This action corrects a                      correction found no disproportionately
                                                potential conflict in the refrigerant                    high and adverse human health or                      45 CFR Part 1302
                                                management regulations as to whether                     environmental effects on minority                     RIN 0970–AC63
                                                or not small cans of refrigerant for use                 populations, low-income populations
                                                in MVAC could be sold to non-                            and/or indigenous peoples.                            Head Start Program
                                                technicians if they were manufactured
                                                                                                         K. Congressional Review Act (CRA)                     AGENCY:  Office of Head Start (OHS),
                                                or imported prior to January 1, 2018,
                                                and do not have a self-sealing valve.                                                                          Administration for Children and
                                                                                                           This action is subject to the CRA, and              Families (ACF), Department of Health
                                                Thus, Executive Order 13175 does not
                                                                                                         EPA will submit a rule report to each                 and Human Services (HHS).
                                                apply to this action.
                                                                                                         House of the Congress and to the                      ACTION: Final rule; delay of compliance
                                                G. Executive Order 13045: Protection of                  Comptroller General of the United                     date.
                                                Children From Environmental Health                       States. This action is not a ‘‘major rule’’
                                                Risks and Safety Risks                                   as defined by 5 U.S.C. 804(2).                        SUMMARY:   The Office of Head Start will
                                                  The EPA interprets Executive Order                                                                           delay the compliance date for
                                                                                                         List of Subjects in 40 CFR Part 82                    background check procedures and the
                                                13045 as applying only to those
                                                regulatory actions that concern                                                                                date for programs to participate in their
                                                                                                           Environmental protection, Air
                                                environmental health or safety risks that                                                                      state or local Quality Rating and
                                                                                                         pollution control, Chemicals, Reporting
                                                the EPA has reason to believe may                                                                              Improvement Systems (QRIS). Both
                                                                                                         and recordkeeping requirements.
                                                disproportionately affect children, per                                                                        requirements are described in the Head
                                                the definition of ‘‘covered regulatory                     Dated: September 21, 2017.                          Start Program Performance Standards
                                                action’’ in section 2–202 of the                         E. Scott Pruitt,                                      (HSPPS) final rule that was published in
                                                Executive Order. This action is not                      Administrator.                                        the Federal Register on September 6,
                                                subject to Executive Order 13045                                                                               2016. We believe programs and states
                                                because it does not concern an                             For the reasons set forth in the                    will benefit from more time to fully
                                                environmental health risk or safety risk.                preamble, the Environmental Protection                implement these changes.
                                                                                                         Agency amends 40 CFR part 82 as                       DATES: The date for programs to comply
                                                H. Executive Order 13211: Actions That
                                                                                                         follows:                                              with background checks procedures
                                                Significantly Affect Energy Supply,
                                                                                                                                                               described in 45 CFR 1302.90(b) and for
                                                Distribution, or Use                                     PART 82—PROTECTION OF                                 programs to participate in QRIS
                                                  This action is not subject to Executive                STRATOSPHERIC OZONE                                   described in 45 CFR 1302.53(b)(2) is
                                                Order 13211, because it is not a                                                                               delayed until September 30, 2018.
                                                significant regulatory action under                      ■ 1. The authority citation for part 82               FOR FURTHER INFORMATION CONTACT:
                                                Executive Order 12866.                                   continues to read as follows:                         Colleen Rathgeb, Division Director of
                                                I. National Technology Transfer and                        Authority: 42 U.S.C. 7414, 7601, 7671–              Early Childhood Policy and Budget,
                                                Advancement Act                                          7671q.                                                Office of Early Childhood Development,
                                                   This rulemaking does not involve                                                                            OHS_NPRM@acf.hhs.gov, (202) 401–
                                                                                                         ■ 2. In § 82.154, revise paragraph                    1195 (not a toll-free call). Deaf and
                                                technical standards.                                     (c)(1)(ix) to read as follows:                        hearing impaired individuals may call
                                                J. Executive Order 12898: Federal                                                                              the Federal Dual Party Relay Service at
                                                                                                         § 82.154    Prohibitions.
                                                Actions To Address Environmental                                                                               1–800–877–8339 between 8 a.m. and 7
                                                Justice in Minority Populations and                      *     *     *     *    *                              p.m. Eastern Standard Time.
                                                Low-Income Populations                                     (c) * * *                                           SUPPLEMENTARY INFORMATION:
                                                   The EPA believes that this action does                  (1) * * *                                           Background
                                                not have disproportionately high and
                                                                                                           (ix) The non-exempt substitute
                                                adverse human health or environmental                                                                            The Head Start program provides
                                                                                                         refrigerant is intended for use in an                 grants to local public and private non-
                                                effects on minority populations, low-
                                                                                                         MVAC and is sold in a container                       profit and for-profit agencies to provide
                                                income populations and/or indigenous
                                                peoples, as specified in Executive Order                 designed to hold two pounds or less of                comprehensive education and child
                                                12898 (59 FR 7629, February 16, 1994).                   refrigerant, has a unique fitting, and, if            development services to economically
                                                   This action does not affect the level of              manufactured or imported on or after                  disadvantaged children, birth to age 5,
                                                protection provided to human health or                   January 1, 2018, has a self-sealing valve             and families and to help young children
                                                the environment. This action corrects a                  that complies with the requirements of                develop the skills they need to be
                                                potential conflict in the refrigerant                    paragraph (c)(2) of this section.                     successful in school. We amended our
                                                management regulations as to whether                     *     *     *     *    *                              Head Start Program Performance
                                                or not small cans of refrigerant for use                 [FR Doc. 2017–20840 Filed 9–27–17; 8:45 am]           Standards in a final rule that published
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                                                in MVAC could be sold to non-                            BILLING CODE 6560–50–P                                in the Federal Register on September 6,
                                                technicians if they were manufactured                                                                          2016.
                                                or imported prior to January 1, 2018,                                                                            The Head Start Program Performance
                                                and do not have a self-sealing valve.                                                                          Standards define requirements grantees
                                                This action clarifies that those small                                                                         and delegate agencies must implement
                                                cans of refrigerant for use in MVAC may                                                                        to operate high quality Head Start or
                                                be sold to persons who are not certified                                                                       Early Head Start programs and provide


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Document Created: 2017-09-28 01:32:38
Document Modified: 2017-09-28 01:32:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on December 27, 2017 without further notice, unless EPA receives adverse comment by October 30, 2017. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect.
ContactSara Kemme by regular mail: U.S. Environmental Protection Agency, Stratospheric Protection Division (6205T), 1200 Pennsylvania Avenue NW., Washington, DC 20460; by telephone: (202) 566-0511; or by email: [email protected]
FR Citation82 FR 45202 
RIN Number2060-AT43
CFR AssociatedEnvironmental Protection; Air Pollution Control; Chemicals and Reporting and Recordkeeping Requirements

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