Grandfathering Amendment Final Rule
Vol. 59 No. 156 Monday, August 15, 1994 p 41968 (Proposed Rule)
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-5040-5]
Protection of Stratospheric Ozone; Refrigerant Recycling
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The Environmental Protection Agency (EPA) is amending
the rules on refrigerant recycling promulgated under section
608 of the Clean Air Act to clarify the conditions under which
technician certification programs would be grandfathered, allowing
technicians who had participated in voluntary technician training
and certification programs prior to the publication of the rule
to receive formal certification. EPA is also proposing to amend
the rule to clarify the scope of the technician certification
requirement.
DATES: Written comments on the proposed rule must be received
by September 14, 1994, unless a hearing is requested by August
25, 1994. If a hearing is requested, written comments must be
received by October 3, 1994. If requested, a public hearing
will be held on September 1, 1994 at 9 a.m. Individuals wishing
to request a hearing must contact the Stratospheric Ozone Hotline
at 1-800-296-1996 by August 25, 1994. To find out whether a
hearing will take place, contact the Stratospheric Ozone Hotline
between August 26, 1994 and September 1, 1994.
ADDRESSES: Comments should be submitted in duplicate to the
attention of Air Docket No. A-92-01 VIII.A at: Environmental
Protection Agency, 401 M Street, S.W., Washington, D.C. 20460.
The public hearing will be held at Washington Information Center
(WIC), room 3 North, USEPA, 401 M Street SW., Washington, DC.
The Air and Radiation Docket and Information Center is located
in room M-1500, Waterside Mall (Ground Floor) Environmental
Protection Agency, 401 M Street, S.W., Washington, D.C. 20460.
Dockets may be inspected from 8:00 a.m. to 4:00 p.m., Monday
through Friday. A reasonable fee may be charged for copying
docket materials.
FOR FURTHER INFORMATION CONTACT: Debbie Ottinger, Program
Implementation
Branch, Stratospheric Protection Division, Office of Atmospheric
Programs, Office of Air and Radiation (6205-J), 401 M Street,
S.W., Washington, D.C. 20460. The Stratospheric Ozone Information
Hotline at 1-800-296-1996 can also be contacted for further
information.
SUPPLEMENTARY INFORMATION:
I. Background
Final regulations published on May 14, 1993 (58 FR 28660)
establish a recycling program for ozone-depleting refrigerants
recovered during the servicing and disposal of air-conditioning
and refrigeration equipment. The regulations require technicians
to observe practices that serve to minimize release of refrigerant
to the environment. To ensure that technicians become knowledgeable
of these requirements, 82.161 of the final rule mandates that
technicians be certified by passing a test. For Type II, Type
III, and Universal technicians, the test must be a closed-book,
proctored examination drawn from a bank of test questions kept
by the Environmental Protection Agency (EPA) and administered
in a secure environment by an EPA-approved certifying program.
For Type I technicians, a mail-in program is permitted. Testing
and training organizations can apply to EPA to become EPA-approved
technician certifiers under 82.161(c) by demonstrating that
they can ensure test security, provide an adequate number of
proctors during the examination, select questions randomly from
the test bank, and provide proof of certification to technicians
who pass the exams. (The specific requirements of the program
are presented in 82.161 and appendix D of the final rule.)
To date, EPA has authorized 66 organizations as technician
certifying
organizations.
A. Grandfathering
Under 82.161(g), organizations that seek approval as certifying
organizations can also apply to grandfather technicians who
received training and testing under programs established prior
to promulgation of the final rule (which established the approval
process for certification programs). Specifically, 82.161(g)
states:
``Persons seeking approval of a technician certification
program may also seek approval for technician certifications
granted previously under the program. Interested persons may
submit to the Administrator at the address in 82.160(a)
verification
that the program met all of the standards of 82.161(c) and
appendix D, * * * except for some elements of the test subject
material, in which case the person must submit verification
that supplementary information on that material will be provided
pursuant to appendix D, section (j)''
When EPA initially drafted the language requiring programs
to meet ``all of the standards of 82.161(c) and appendix D,''
these standards were considerably more general than those that
were ultimately incorporated into the rule. The proposal had
discussed possible requirements in broad terms. For instance,
although the proposal anticipated that tests would be proctored,
it did not suggest a specific ratio of proctors to examinees,
such as the 1:50 ratio that ultimately appeared in the final
rule. Similarly, the proposal did not specify whether tests
would be open- or closed-book. Instead, the proposal included
general requirements that tests be proctored, that test security
measures be in place, and that tests be graded objectively.
EPA believed that many voluntary programs would meet these general
requirements.
In response to comments, the requirements for certifying
organizations grew more specific. EPA believed that increasing
the specificity of the standards strengthened the technician
certification program overall. However, EPA did not thoroughly
reevaluate and revise its grandfathering provision to reflect
the new, detailed requirements. Instead, the provision
inappropriately
continued to require voluntary programs to have met all the
requirements of 82.161(c) and appendix D.
This error has now come to EPA's attention. The Agency
recognizes
that if voluntary programs were held to each of the detailed
standards, no voluntary technician certification program could
be grandfathered. Appendix D contains the specific requirements
of the technician certification program. Voluntary programs
prior to the promulgation of the final rule could not have complied
with these requirements, as they were not yet in existence.
Section (a) (Test Preparation) of appendix D requires that ``each
certifying program must assemble tests by choosing a prescribed
subset from the EPA test bank.'' However, the test bank did
not become available until September 30, 1993. In addition,
EPA requires programs to certify technicians with Type I, Type
II, or Type III certifications, depending on the level of the
test passed by the technician. EPA developed these categories
after the close of the public comment period to the proposed
rule. However, other logical categorization systems are possible,
and until EPA promulgated the final rule, many technician
certification
organizations categorized technician types differently.
Furthermore,
section (a) requires a closed-book test, yet most testing
organizations
prior to the final rule offered only open-book tests. Finally,
appendix D defines the ratio of technicians to proctors, and
requires recordkeeping and reporting requirements, all requirements
that organizations certainly could not have complied with prior
to the promulgation of the final rule.
Nevertheless, many voluntary programs met most of the standards
of appendix D, for instance proctoring tests (at least the
equivalent
of Type II, Type III, and Universal tests), ensuring test security,
and objectively grading tests. Several programs also covered
most of the required subject matter in the core and at least
some technical sections, even when they did not establish the
same categories in their testing as were established in the
final rule (Type I, II, etc.). Where the content of their voluntary
testing fell short of that required by the final rule, programs
expressed their willingness to provide additional testing and
training as needed, and the final rule provided for this remedy.
EPA has always intended to grandfather these reasonably
stringent
programs. By training and testing technicians in recycling
refrigerants
before the rule was promulgated (on May 14, 1993), reasonably
stringent voluntary programs prepared technicians to comply
with the prohibition on venting that became effective on July
1, 1992, and probably significantly reduced refrigerant emissions.
These programs also served as an impetus for developing a mandatory
program, providing a model for that program. Indeed, EPA worked
with several voluntary programs to develop the requirements
of the mandatory program. In addition, many voluntary organizations
provided questions for the test bank, determining the scope
of the training and the current exam. In proposing and adopting
the grandfathering provision, EPA recognized that these benefits
outweighed any costs that might be associated with the programs'
unavoidable failure to have followed every requirement that
new programs must follow under the final rule. Moreover, EPA
did not want to discourage future participation in voluntary
environmental training. Requiring repeat testing for technicians
who voluntarily took adequate testing and training could discourage
people from participating in future voluntary programs. For
these reasons, EPA is modifying the requirements for grandfathering
to ensure that these programs are not disqualified outright
due to a drafting error by the Agency.
Specifically, the EPA today is proposing to amend the
grandfathering
provision of 82.161(g). This paragraph currently states that
``[i]nterested parties may submit to the Administrator at the
address in 82.160(a) verification that the program met all
of the standards of 82.161(c) and appendix D, or verification
that the program met all of the standards of 82.161(c) and
appendix D, except for some elements of the test subject material,
in which case the person must submit verification that
supplementary
information will be provided pursuant to appendix D, section
(j).'' EPA is proposing to amend 82.161(g) to read ``Interested
persons may submit to the Administrator at the address in
82.160(a) verification that the program substantially complied
with most of the standards of 82.161(c) and appendix D. If
the program did not test or train participants on some elements
of the test subject material, the person must submit verification
that supplementary information on the omitted material will
be provided pursuant to appendix D, section (j).''
In reviewing requests to grandfather technicians, EPA will
assess the extent to which a program substantially complied
with most of the requirements in each paragraph of 82.161(c)
and appendix D (paragraph (a) of appendix D being test preparation,
(b), proctoring, (c), test security, etc.) and most of the
paragraphs
of 82.161(c) and appendix D, considering the information that
was available to the program at the time of its development.
EPA believes that this is reasonable given the limited information
available to these programs before the final rule was published.
For example, the proposed rule published on December 10, 1992,
discussed the need for organizations to provide proctored tests
under conditions that ensured test security, but did not specify
that one proctor be provided for every 50 individuals taking
the test. Under the approach proposed in this document, voluntary
programs that provided proctors, but did not necessarily provide
exactly one proctor for every 50 individuals taking the test,
would not be disqualified on that basis alone. EPA believes
that the modification of the final rule to replace ``met all''
with ``substantially complied with most'' allows EPA to review
these programs taking such circumstances into account.
EPA recognizes that the current rule requires that all
technicians
be certified by November 14, 1994. However, EPA did not anticipate
the delay caused by this amendment, and EPA does not wish to
force technicians who completed a voluntary program to take
additional testing simply because they do not know whether or
not their voluntary program will be grandfathered. Thus, the
Agency proposes to extend the deadline until six months after
promulgation of this amendment for those technicians who
successfully
completed voluntary programs. During the six-month period of
the extension, those technicians who successfully completed
a voluntary program could continue to service, maintain, repair,
and dispose of appliances and could buy refrigerant using the
certificates or cards issued by the voluntary program. This
additional time would allow EPA to consider applications for
grandfathering and would enable grandfathered voluntary programs
to provide supplementary information or testing, if necessary,
and proof of certification to grandfathered technicians. To
make their past participants eligible for this extension, programs
would have to apply (or have already applied) within 30 days
of publication of the final amendment: (1) To be approved as
a ``new'' program, and (2) to grandfather technicians. This
extension would not apply to technicians who had not participated
in voluntary programs that apply within the set period. These
technicians would still have to be certified by November 14,
1994.
In addition to the changes outlined above, EPA is clarifying
how it would determine whether programs and individual technicians
would be grandfathered for a given Type. Whether a voluntary
certification program was grandfathered for a Type would depend
upon the coverage by the program of the material in that Type.
Whether an individual technician was grandfathered for a given
Type would depend upon: (1) Whether the technician successfully
completed a voluntary program that was grandfathered for that
Type; (2) whether the technician successfully completed the
portions of the voluntary certification program that correspond
to that Type; and (3) whether the technician completes any
additional
testing and training required by the Administrator pursuant
to 82.161(g)(i). For clarity, EPA is also adding two definitions,
defining ``to be grandfathered,'' and ``voluntary certification
program.''
B. Clarification of the Scope of the Technician Certification
Requirement
EPA is proposing several changes to clarify the scope of
the technician certification requirement. The current regulation
contains three provisions addressing the scope of this requirement.
These provisions are somewhat inconsistent. The first provision
is the definition of technician at 82.152(x):
Technician means any person who performs maintenance, service,
or repair that could reasonably be expected to release class
I or class II substances from appliances into the atmosphere,
including but not limited to installers, contractor employees,
in-house service personnel, and in some cases, owners. Technician
also means any person disposing of appliances except for small
appliances.
This definition implies that certification requirements are
triggered: (1) When persons perform maintenance or repair that
has the potential to release refrigerants from appliances into
the atmosphere or (2) when persons dispose of appliances.
The second provision requiring clarification is the prohibition
at 82.154(l):
(l) Effective November 14, 1994, no person may open an appliance
except for an MVAC and no person may dispose of an appliance
except for a small appliance, MVAC, or MVAC-like appliance,
unless such person has been certified as a technician for that
type of appliance pursuant to 82.161.
The prohibition explicitly links certification requirements
to ``opening'' of appliances. ``Opening'' an appliance is defined
as ``any service, maintenance, or repair on an appliance that
could be reasonably expected to release refrigerant from the
appliance to the atmosphere unless the refrigerant were previously
recovered from the appliance'' ( 82.152(n)). Like the definition
of technician, the prohibition also links certification
requirements
to the disposal of appliances, regardless of the potential for
refrigerant release during any given phase of the disposal process.
Although the definition of ``opening'' contains language
very similar to the language in the definition of ``technician,''
specifically, ``maintenance, service, or repair that could
reasonably
be expected to release class I or class II substances from
appliances
into the atmosphere,'' EPA intended the definitions to include
slightly different types of activities. While EPA intended the
definition of ``technician'' to include any work that could
release refrigerant into the environment, EPA intended ``opening''
to include entry into the refrigeration circuit itself. The
definition of ``opening'' was developed to include exactly the
type of work before which refrigerant should be recovered from
the appliance (or moved to another, isolated component of the
appliance); thus, ``opening'' an appliance triggers EPA's
evacuation
requirements. Clearly, there are some types of activities, such
as charging appliances, that have the potential to release
refrigerant
but should not trigger evacuation requirements.
Nonetheless, when EPA developed its evacuation and certification
requirements, it believed that for all practical purposes, the
same group of people would be included under the definition
of ``technician'' and under the prohibition linked to the
definition
of ``opening.'' However, EPA has since learned that some
individuals
charge appliances or do other work that could release refrigerant
into the environment without ever ``opening'' appliances. EPA
believes that these individuals should be certified. On the
other hand, some individuals open or disassemble appliances
only after refrigerant has been removed by someone else. EPA
believes that if these individuals service, maintain, repair,
or dispose of only empty appliances, they should not need to
be certified.
The third provision requiring clarification is the technician
certification requirement itself:
Effective November 14, 1994, persons who maintain, service,
or repair appliances, except MVACS, and persons who dispose
of appliances, except for small appliances, room air conditioners,
and MVACs, must be certified by an approved technician
certification
program * * * ( 82.161(a)).
This provision implies that all persons who maintain, service,
repair or dispose of appliances (except for some types of
appliances)
must be certified, even those who do work (e.g., electrical
work) that does not have the potential to release refrigerant
to the atmosphere. While EPA intended this provision to include
only the persons who fell under the first two provisions, it
did not make this explicit in the regulation.
Therefore, EPA is proposing to amend the rule to clarify
the scope of the certification requirement. First, the proposed
rule would modify the definition of ``opening'' in order to
distinguish it more clearly from the definition of ``technician.''
``Opening'' would be defined as any service, maintenance, or
repair on an appliance that would (instead of ``could'') be
reasonably expected to release refrigerant from the appliance
to the atmosphere unless the refrigerant were previously recovered
from the appliance. Second, the proposed rule would modify the
disposal provision of the definition of ``technician'' to include
only those parts of the disposal process (e.g., evacuation of
the equipment) that have the potential to release refrigerant.
Third, the proposal links this definition to the certification
requirement at 82.161 by replacing the term ``person'' in
that requirement with the term ``technician.'' Fourth, the
prohibition
linking technician certification requirements to ``opening''
appliances would be eliminated. EPA requests comment on whether
these changes sufficiently clarify the scope of the technician
certification requirement.
C. Limited Exemption From Certification Requirements for
Apprentices
EPA is also amending the rule to clarify that apprentices
who meet certain requirements are exempt from the certification
requirement until the end of their field training, as long as
that training does not exceed two years. EPA recognizes that
some educational programs train apprentices in the field, allowing
them to perform maintenance, service, repair, or disposal of
appliances under the close supervision of more experienced
technicians.
A person would be considered an apprentice if he or she: (1)
Was currently registered as an apprentice in service, maintenance,
repair, or disposal of appliances with the U.S. Department of
Labor's Bureau of Apprenticeship and Training (or its delegate),
and (2) had less than two years of experience servicing,
maintaining,
repairing, or disposing of appliances (whether he or she was
in a training program at the time or not). An apprentice would
not need to be certified as long as he or she was closely and
continuously supervised by a certified technician while performing
any maintenance, service, repair, or disposal that could reasonably
be expected to release refrigerant from appliances into the
atmosphere. Uncertified apprentices would not be able to purchase
refrigerant after November 14, 1994, however. This provision
clearly would not permit uncertified technicians who were not
in a training program to perform, under a certified supervisor,
service, maintenance, repair, or disposal that could reasonably
be expected to release refrigerant from appliances into the
atmosphere.
EPA understands that both union and non-union apprentices
in air conditioning and refrigeration throughout the U.S. are
required to register with the U.S. Department of Labor's Bureau
of Apprenticeship and Training. EPA requests comment on whether
there are significant exceptions to this requirement and on
EPA's proposed use of registration with the Bureau as a
qualification
for status as an apprentice under this rule. If registration
with the Bureau is not an appropriate qualification, EPA requests
comment on what other qualifications would permit EPA to
distinguish
bona fide apprentices from other technicians.
IV. Summary of Supporting Analysis
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993),
the Agency must determine whether this regulatory action is
``significant'' and therefore subject to OMB review and the
requirements of the Executive Order. The Order defines
``significant''
regulatory action as one that is likely to lead to a rule that
may:
(1) Have an annual effect on the economy of $100 million
or more, or adversely and materially affect a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlement,
grants, user fees, or loan programs or the rights and obligations
of recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set
forth in the Executive Order.
It has been determined by OMB and EPA that this amendment
to the final rule is not a ``significant regulatory action''
under the terms of Executive Order 12866 and is therefore not
subject to OMB review under the Executive Order.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601-602, requires
that Federal agencies examine the impacts of their regulations
on small entities. Under 5 U.S.C. 604(a), whenever an agency
is required to publish a general notice of proposed rulemaking,
it must prepare and make available for public comment an initial
regulatory flexibility analysis (RFA). Such an analysis is not
required if the head of an agency certifies that a rule will
not have a significant economic impact on a substantial number
of small entities, pursuant to 5 U.S.C. 605(b).
EPA believes that any impact that this amendment will have
on the regulated community will serve only to provide relief
from otherwise applicable regulations, and will therefore limit
the negative economic impact associated with the regulations
previously promulgated under section 608. An examination of
the impacts on small entities was discussed in the final rule
(58 FR 28660). That final rule assessed the impact the rule
may have on small entities. A separate regulatory impact analysis
accompanied the final rule and is contained in Docket A-92-01.
I certify that this amendment to the refrigerant recycling rule
will not have any additional negative economic impacts on any
small entities.
C. Paperwork Reduction Act
Any information collection requirements in a rule must be
submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Because no additional informational collection requirements
are required by this amendment, EPA has determined that the
Paperwork Reduction Act does not apply to this rulemaking and
no new Information Collection Request document has been prepared.
V. Judicial Review
Under section 307(b)(1) of the Act, EPA finds that these
regulations are of national applicability. Accordingly, judicial
review of this action is available only by the filing of a petition
for review in the United States Court of Appeals for the District
of Columbia Circuit within sixty days of publication of this
action in the Federal Register. Under section 307(b)(2), the
requirements of this rule may not be challenged later in judicial
proceedings brought to enforce those requirements.
List of Subjects in 40 CFR Part 82
Administrative practice and procedure, Air pollution control,
Chemicals, Chlorofluorocarbons, Hydrochlorofluorocarbons, Recovery
and recycle, Reporting and recordkeeping requirements,
Stratospheric
ozone layer.
Dated: August 4, 1994.
Carol M. Browner,
Administrator.
Title 40, Code of Federal Regulations, part 82, is amended
as follows:
PART 82-PROTECTION OF STRATOSPHERIC OZONE
1. The authority citation for part 82 continues to read as
follows:
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
2. Section 82.152 is amended by redesignating paragraphs
(f) through (y) as paragraphs (h) through (aa), redesignating
paragraphs (b) through (e) as paragraphs (c) through (f), revising
newly designated paragraphs (p) and (z), and by adding new
paragraphs
(b), (g), and (bb) to read as follows:
82.152 Definitions.
* * * * *
(b) Apprentice means any person who is currently registered
as an apprentice in service, maintenance, repair, or disposal
of appliances with the U.S. Department of Labor's Bureau of
Apprenticeship and Training (or its delegate). If more than
two years have elapsed since the person first began performing
maintenance, service, repair or disposal of appliances or
registered
as an apprentice with the Bureau of Apprenticeship and Training,
the person shall not be considered an apprentice.
* * * * *
(g) To be grandfathered means:
(1) To receive the approval of the Administrator pursuant
to 82.161(g)(1) to certify technicians who successfully completed
a voluntary certification program; or
(2) To become certified as a technician pursuant to
82.161(g)(2).
* * * * *
(p) Opening an appliance means any service, maintenance,
or repair on an appliance that would be reasonably expected
to release class I or class II refrigerant from the appliance
to the atmosphere unless the refrigerant were previously recovered
from the appliance.
* * * * *
(z) Technician means any person who performs maintenance,
service, or repair that could be reasonably expected to release
class I or class II refrigerants from appliances, except for
MVACs, into the atmosphere, including but not limited to
installers,
contractor employees, in-house service personnel, and in some
cases, owners. Technician also means any person who performs
disposal of appliances, except for small appliances, MVACs,
and MVAC-like appliances, that could reasonably be expected
to release class I or class II refrigerants from the appliances
into the atmosphere.
* * * * *
(bb) Voluntary certification program means a technician testing
program operated by a person before that person obtained approval
of a technician certification program pursuant to 82.161(c).
3. Section 82.154 is amended by removing paragraph (l), by
redesignating paragraphs (m) through (o) as (l) through (n)
respectively, and by redesignating newly designated paragraphs
(m)(2) through (m)(6) as (m)(3) through (m)(7) respectively,
and by adding paragraphs (m)(2) and (m)(8) to read as follows:
82.154 Prohibitions.
* * * * *
(m) * * *
(2) The buyer has successfully completed a voluntary
certification
program requesting grandfathering under 82.161(g) by [30 days
after publication of the final rule]. This paragraph (m)(2)
expires on [six months after publication of the final rule].
* * * * *
(8) The refrigerant is charged into an appliance by a technician
who successfully completed a voluntary certification program
requesting grandfathering under 82.161(g) by [30 days after
publication of the final rule]. This paragraph (m)(8)expires
on [six months after publication of the final rule].
4. Section 82.161 is amended by revising paragraph (a)
introductory
text; by revising the word ``Persons'' to read ``Technicians''
in paragraphs (a)(1) through (a)(5); by revising paragraph (g);
and by adding paragraph (a)(6) to read as follows:
82.161 Technician certification.
(a) Effective November 14, 1994, technicians, except technicians
who successfully completed voluntary certification programs
that apply for grandfathering under 82.161(g) by [30 days
after publication of the final rule], must be certified by an
approved technician certification program under the requirements
of this paragraph. Effective [six months after publication of
the final rule], technicians who successfully completed voluntary
certification programs that apply for grandfathering under
82.161(g) by [30 days after publication of the final rule] but
who are not grandfathered for the appropriate type as set forth
in this paragraph (a) and in 82.161(g)(2) must be certified
by an approved technician certification program under the
requirements
of this paragraph (a). Effective [six months after publication
of the final rule], technicians who are grandfathered for the
appropriate type as set forth in this paragraph and in
82.161(g)(2)
must have completed any additional testing and training specified
by the Agency pursuant to 82.161(g) and appendix D of subpart
F, section (j).
* * * * *
(6) Apprentices are exempt from this requirement provided
the apprentice is closely and continuously supervised by a
certified
technician while performing any maintenance, service, repair,
or disposal that could reasonably be expected to release
refrigerant
from appliances into the environment. The supervising certified
technician is responsible for ensuring that the apprentice complies
with this subpart.
* * * * *
(g)(1) Any person seeking approval of a technician certification
program may also seek approval to certify technicians who
successfully
completed a voluntary certification program operated previously
by that person. Interested persons must submit to the Administrator
at the address in 82.160(a) verification that the voluntary
certification program substantially complied with most of the
standards of 82.161(c) and appendix D of subpart F. If the
program did not test or train participants on some elements
of the test subject material, the person must submit verification
that supplementary information on the omitted material will
be provided pursuant to appendix D of subpart F, section (j).
Approval may be granted for Type I, Type II, or Type III
certification,
or some combination of these, depending upon the coverage in
the voluntary certification program of the information in each
Type. In order to have their programs considered for
grandfathering,
persons must submit applications both for approval as a technician
certification program and for grandfathering by [30 days after
publication of the final rule].
(2) Technicians who successfully completed voluntary
certification
programs may receive certification in a given Type through that
program only if:
(i) The voluntary certification program successfully completed
by the technician is grandfathered for that Type pursuant to
82.161(g)(1);
(ii) The technician successfully completed the portions of
the voluntary certification program that correspond to that
Type; and
(iii) The technician completes any additional testing and
training required by the Administrator pursuant to 82.161(g)(i).
[FR Doc. 94-19889 Filed 8-12-94; 8:45 am]
BILLING CODE 6560-50-P
The Contents entry for this article reads as follows:
Air programs:
Stratospheric ozone protection-
Refrigerant recycling program, 41968
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