[Federal Register Volume 59, Number 156 (Monday, August 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19889]
[[Page Unknown]]
[Federal Register: August 15, 1994]
_______________________________________________________________________
Part X
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 82
Protection of Stratospheric Ozone; Refrigerant Recycling; Proposed Rule
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-5040-5]
Protection of Stratospheric Ozone; Refrigerant Recycling
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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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,
Sec. 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 Sec. 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
Sec. 82.161 and appendix D of the final rule.) To date, EPA has
authorized 66 organizations as technician certifying organizations.
A. Grandfathering
Under Sec. 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, Sec. 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 Sec. 82.160(a) verification that the program met all
of the standards of Sec. 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 Sec. 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 Sec. 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 Sec. 82.161(g). This paragraph currently
states that ``[i]nterested parties may submit to the Administrator at
the address in Sec. 82.160(a) verification that the program met all of
the standards of Sec. 82.161(c) and appendix D, or verification that
the program met all of the standards of Sec. 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 Sec. 82.161(g) to read ``Interested persons may submit to the
Administrator at the address in Sec. 82.160(a) verification that the
program substantially complied with most of the standards of
Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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
Sec. 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
Sec. 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'' (Sec. 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 * * *
(Sec. 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
Sec. 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:
Sec. 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
Sec. 82.161(g)(1) to certify technicians who successfully completed a
voluntary certification program; or
(2) To become certified as a technician pursuant to
Sec. 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 Sec. 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:
Sec. 82.154 Prohibitions.
* * * * *
(m) * * *
(2) The buyer has successfully completed a voluntary certification
program requesting grandfathering under Sec. 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 Sec. 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:
Sec. 82.161 Technician certification.
(a) Effective November 14, 1994, technicians, except technicians
who successfully completed voluntary certification programs that apply
for grandfathering under Sec. 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 Sec. 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 Sec. 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
Sec. 82.161(g)(2) must have completed any additional testing and
training specified by the Agency pursuant to Sec. 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 Sec. 82.160(a) verification that the voluntary certification
program substantially complied with most of the standards of
Sec. 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
Sec. 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 Sec. 82.161(g)(i).
[FR Doc. 94-19889 Filed 8-12-94; 8:45 am]
BILLING CODE 6560-50-P
