Protection of Stratospheric Ozone; Refrigerant Recycling; Proposed Rule ENVIRONMENTAL PROTECTION AGENCY

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]

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