Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Notices 75455 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. 2015–30526 Filed 12–1–15; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2015–0771; FRL–9939–41– 

OAR] 

Protection of Stratospheric Ozone: 

Notice of Revocation of Certification 

for Refrigerant Reclaimers 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of revocation. 

SUMMARY: In accordance with 40 CFR 

82.164, no person may sell or offer for 

sale or use as a refrigerant, any class I 

or class II ozone-depleting substance 

consisting wholly or in part of used 

refrigerant unless the substance has 

been reclaimed by an Environmental 

Protection Agency (EPA)-certified 

refrigerant reclaimer. All persons 

reclaiming used refrigerant for sale to a 

new owner are required to certify to the 

EPA Administrator in accordance with 

40 CFR 82.164 and to maintain records 

and submit reports in accordance with 

40 CFR 82.166. 

Through this action, the EPA is giving 

notice of the impending revocation of 

one refrigerant reclaimer, Refrigerants 

Exchange, Inc. (RefEx) of Irwindale, CA, 

in accordance with 40 CFR part 82, 

subpart F. In addition, the EPA is 

announcing the previous revocation of 

certification of eight refrigerant 

reclaimers. An up-to-date list of EPAcertified refrigerant reclaimers is 

available online at www.epa.gov/ozone/ 

title6/608/reclamation/reclist.html. 

DATES: If RefEx wishes to request a 

hearing for the impending revocation of 

its reclaimer certification, it must 

request a hearing in writing on or before 

January 4, 2016. If a written request and 

supporting data are not received by that 

date, RefEx’s certification to reclaim 

refrigerants is revoked effective 

February 1, 2016. 

The following entities had their 

certification as refrigerant reclaimers 

revoked previously, effective as of the 

dates listed below and on EPA’s Web 

site: 

November 2009: Polar Refrigerant in 

South Hampton, NH 

March 19, 2009: Refrigerant Services, 

Inc in Imperial Beach, CA 

January 10, 2008: Rocky Mountain 

Reclamation, Inc in Denver, CO; Star 

Refrigerants in Fort Worth, TX 

March 9, 2007: Teris, LLC in El Dorado, 

AR 

March 13, 2006: Cryo-Line Supplies 

USA, Inc. in Henderson, NV; 

Refrigerant Recovery, Inc. in 

Milwaukee, WI; South Florida Trane 

Service in Miami, FL 

FOR FURTHER INFORMATION CONTACT: 

Luke Hall-Jordan, Stratospheric 

Protection Division, Office of 

Atmospheric Programs, (6205T), 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460; telephone number (202) 343– 

9591; email address hall-jordan.luke@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Impending Revocation 

On June 10, 2011, the EPA issued a 

request for information (June 10, 2011 

Request or Request, available in the 

docket for this notice) to RefEx pursuant 

to Section 114 of the Clean Air Act 

(CAA). Section 114 of the CAA 

authorizes the EPA to request such 

information from anyone who is subject 

to any requirement of the CAA in order 

to determine the compliance status of 

that person or entity. RefEx is subject to 

regulations at 40 CFR 82.164 and 82.166 

implementing section 608 of the Clean 

Air Act. 

The June 10, 2011 Request asked, in 

part, for records documenting that 

reclaimed refrigerant sold by RefEx met 

the ARI 700 standard (upon which the 

Specifications for Fluorocarbon and 

Other Refrigerants in appendix A to 40 

CFR part 82, subpart F are based), for 

the two-year period prior to RefEx’s 

receipt of the request. RefEx responded 

to the Request in part on July 7, 2011. 

Records provided by RefEx in its 

response did not demonstrate that all 

refrigerant sold by RefEx in the relevant 

time frame was reprocessed to meet all 

of the applicable specifications in 

appendix A to 40 CFR part 82, subpart 

F. As part of its reclaimer certification, 

RefEx is required to verify that the 

reprocessed refrigerant meets all of the 

specifications in appendix A. See 40 

CFR 82.164(b), (e)(3), and (g). In 

addition, among other things, the June 

10, 2011 Request asked for the names 

and addresses of persons that sent RefEx 

material for reclamation in the 12 

months prior to the Request. RefEx’s 

July 7, 2011 response also did not 

provide that information. RefEx is 

required to keep this information under 

40 CFR 82.164(e)(3) and 82.166(g). 

EPA sent two follow-up letters (also 

available in the docket for this notice), 

dated August 19, 2011 and October 25, 

2011, noting deficiencies in RefEx’s July 

7, 2011 response and requesting a full 

and complete response to the June 10, 

2011 Request. Further, EPA offered 

RefEx the opportunity to provide any 

additional documentation in response to 

the June 10, 2011 Request that EPA may 

use to determine RefEx’s compliance 

with 40 CFR 82.164 and 82.166 in a 

letter dated March 16, 2015 (also 

available in the docket for this notice). 

To date, EPA has not received the 

requested information. 

In the March 16, 2015 letter, the EPA 

warned that if RefEx did not provide 

additional information to demonstrate 

compliance with 40 CFR 82.164, EPA 

would consider initiating procedures to 

revoke RefEx’s status as a certified 

reclaimer pursuant to 40 CFR 82.164(g) 

and 82.169. Since many of the letters 

sent to RefEx have been returned as 

undeliverable, in addition to the copy of 

the letter sent by certified mail, the EPA 

emailed the March 16, 2015 letter to the 

email address that RefEx uses to provide 

its annual report of the amount of 

refrigerant reclaimed on May 7, 2015. 

The last report was received by the EPA 

from this email address on March 24, 

2015. 

Since RefEx failed to fully respond to 

the information requests and has not 

shown that it is complying with 40 CFR 

82.164 and 82.166, including 

particularly 40 CFR 82.164(b) and 

82.166(g), the EPA is revoking RefEx’s 

certification to reclaim refrigerants. 

Under 40 CFR 82.169, the EPA has the 

ability to revoke a reclaimer’s 

certification for failing ‘‘to abide by any 

of the provisions of this subpart . . . . 

In such cases, the Administrator or her 

or his designated representative shall 

give notice of an impending suspension 

[or revocation] to the person or 

organization setting forth the facts or 

conduct that provide the basis for the 

revocation or suspension.’’ See also 40 

CFR 82.164(g) (providing that ‘‘[f]ailure 

to abide by any of the provisions of this 

subpart may result in revocation . . . of 

the certification of the reclaimer in 

accordance with 40 CFR 82.169’’ and 

including an analogous notice 

requirement). 

If RefEx believes that its certification 

to reclaim refrigerants should not be 

revoked, it may request a hearing under 

40 CFR 82.169 by filing a written 

request within 30 days of this notice to 

the individual identified in FOR FURTHER

INFORMATION CONTACT. The request must 

include RefEx’s objections to the 

revocation and data to support the 

objections. If the Agency does not 

receive a written request for a hearing 

within 30 days of the date of this notice, 

the revocation will become effective 60 

days after the publication of this notice. 

Notice of Previous Revocations 

To ensure that all stakeholders are 

aware of past revocations, EPA is also 


jstallworth on DSK7TPTVN1PROD with NOTICES
75456 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Notices 

1Some of these organizations also received notice 

in these letters of impending suspensions and 

revocations, but because some of these letters were returned to us unopened, we are providing a second 

notice in this Federal Register notice. 

providing notice in this action of eight 

former refrigerant reclaimers that no 

longer are certified to reclaim 

refrigerants. All of these revocations 

have previously been noted on EPA’s 

Web site at www.epa.gov/ozone/title6/

608/reclamation/recrevoke.html. Six of 

these reclaimers have requested to be 

removed from the list of certified 

reclaimers. They are: Rocky Mountain 

Reclamation, Inc. in Denver, CO; Star 

Refrigerants in Fort Worth, TX; Teris, 

LLC in El Dorado, AR; Cryo-Line 

Supplies USA, Inc. in Henderson, NV; 

Refrigerant Recovery, Inc. in 

Milwaukee, WI; and South Florida 

Trane Service in Miami, FL. 

Two other reclaimers, Polar 

Refrigerant in South Hampton, NH, and 

Refrigerant Services, Inc. in Imperial 

Beach, CA, had their certification 

revoked for failing to comply with the 

recordkeeping and reporting 

requirements in 40 CFR 82.166. The 

dates of revocation are noted on EPA’s 

Web site and in the DATES section of this 

notice. EPA sent letters to these two 

companies in November 2009, and 

February 12, 2009, respectively, that 

included an explanation of the basis for 

EPA’s decision. 

Dated: November 16, 2015. 

Drusilla Hufford, 

Director, Stratospheric Protection Division. 

[FR Doc. 2015–30363 Filed 12–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2015–0272; FRL–9939–42– 

OAR] 

Protection of Stratospheric Ozone: 

Notice of Pending Suspension and 

Revocation of 15 Programs From 

EPA’s List of Section 608 Technician 

Certifying Programs and Voluntary 

Withdrawals for 3 Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of pending suspension 

and revocations and voluntary 

withdrawals. 

SUMMARY: The Environmental Protection 

Agency (EPA) is updating its list of 

Section 608 Technician Certification 

Programs approved to provide the 

technician certification exam. EPA’s list 

is found here: http://www.epa.gov/

ozone/title6/608/technicians/

608certs.html. 

DATES: On January 4, 2016 each program 

in the below Table: Delinquent 

Technician Certification Programs will 

be automatically suspended from their 

authorization to provide the technician 

certification exam and newly issue 

certification cards, except for any 

organization that provides its 

delinquent biannual reports such that 

they are received before that date. Each 

such suspended program will be 

automatically revoked on February 1, 

2016, unless a hearing is requested 

consistent with 40 CFR 82.169 before 

that date. Please send a copy of any 

hearing request to the person listed in 

the FOR FURTHER INFORMATION CONTACT

section below. Technicians certified by 

these programs will remain certified, in 

accordance with 40 CFR 82.161(a). 

FOR FURTHER INFORMATION CONTACT: 

Robert Burchard, Stratospheric 

Protection Division, Office of 

Atmospheric Programs (6205T), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number (202) 343– 

9126; fax number: (202) 343–2338; 

email address: burchard.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

How can I get copies of this document 

and other related information? 

Docket. EPA has established a docket 

for this action under Docket ID No. 

EPA–HQ–OAR–2015–0272. Publicly 

available docket materials are available 

either electronically through 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, WJC West 

Building, Room 3334, 1301 Constitution 

Avenue NW., Washington DC. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (202) 566–1742. 

Electronic Access. You may access 

this Federal Register document 

electronically from the Government 

Printing Office under the ‘‘Federal 

Register’’ listings at the FDSys Web site 

(http://www.gpo.gov/fdsys/browse/

collection.action?collectionCode=FR). 

II. Pending Suspensions and 

Revocations and Voluntary 

Withdrawals 

In accordance with the standards for 

certifying programs, codified at 

appendix D of 40 CFR part 82, subpart 

F, technician certifying programs must 

submit an activity report to EPA on a 

biannual basis (by every January 30 and 

June 30) that provides certain 

information about the certification tests 

submitted. 15 programs have repeatedly 

failed to submit their activity reports. 

40 CFR 82.161(e) says that ‘‘If at any 

time an approved program violates any 

of the above requirements,’’ which 

reference the standards in appendix D 

in 82.161(c), ‘‘the Administrator 

reserves the right to revoke approval in 

accordance with Section 82.169.’’ 

Today’s notice concerns the revocation 

of the approval of 15 programs. 

These 15 programs were sent certified 

letters explaining that EPA was missing 

required activity reports and listing 

which reports were missing. In the 

letters, the programs were offered the 

opportunity to come into compliance by 

submitting missing reports.1 The 

Agency received no replies. The 

programs in the table below have thirty 

days from the date of publication of this 

notice to submit their missing reports. 

Failure to submit these reports so that 

they are received by January 4, 2016 

will result in an automatic suspension 

of the program’s approval to offer the 

technician certification exam and of its 

approval to newly issue Section 608 

technician certification cards. 

Automatic program revocation will 

occur on February 1, 2016 for any 

certifying organization that fails to 

provide missing reports, unless the 

organization receiving this notice of 

impending suspension and revocation 

requests a hearing in accordance with 

the regulations published at 40 CFR 

82.169 before that date. The EPA 

expects to announce the final 

revocations in a separate Federal 

Register notice and to accordingly 

update the list of approved technician 

certification programs mentioned above. 

TABLE—DELINQUENT TECHNICIAN CERTIFICATION PROGRAMS

Number Technician certification program Year of most recent activity report 

1 .............................. ACI Environmental Safety Training Institute ......................... 2009. 

2 .............................. California Career Center ........................................................ No record of a submitted report. 

3 .............................. Delaware County Community College .................................. 2011. 


jstallworth on DSK7TPTVN1PROD with NOTICES