	Fwd: Protection of Stratospheric Ozone: Ban on the Sale or Distribution
of 

Pre-Charged Appliances - Proposed Rule

	

	Jay Carmichael 

	to:

	Julius Banks

	08/20/2009 08:37 AM

	

Mr. Banks,

 

I would appreciate the opportunity for a short phone discussion
regarding 

the questions sent last week in the attached email.  I will call you at
a 

time convenient to your schedule. Please advise me of your preference.

 

Thank you very much for your assistance.

 

Respectfully,

Jay Carmichael

 

Tax Advice Disclosure: To ensure compliance with requirements imposed by


the IRS under Circular 230, we inform you that any U.S. federal tax
advice 

contained in this communication (including any attachments), unless 

otherwise specifically stated, was not intended or written to be used,
and 

cannot be used, for the purpose of (1) avoiding penalties under the 

Internal Revenue Code or (2) promoting, marketing or recommending to 

another party any matters addressed herein. Click the following
hyperlink 

to view the complete Gunster IRS Disclosure & Confidentiality note. 

http://www.gunster.com/misc/Disclaimer 

----- Message from "Jay Carmichael" <JCarmichael@gunster.com> on Fri, 14


Aug 2009 17:51:56 -0400 -----

To:	<banks.julius@epa.gov>

Subject:	Protection of Stratospheric Ozone: Ban on the Sale or
Distribution 

of Pre-Charged Appliances - Proposed Rule

Mr. Banks,

 

Thank you very much for our discussion earlier this week on the pending 

Final Rule regarding the above subject ban.

 

As I read the materials about the proposed rules related to this
subject, 

it does not appear that appliances pre-charged with HCFC-22 and 

manufactured after January 1, 2010, that are imported for export, would 

fall within the proposed subject ban unless, following entry at the site


of Customs clearance and before exportation, the appliances were 

distributed or transported between one state, territory, possession or
the 

District of Columbia and another state, territory, possession or the 

District of Columbia.

 

And, even if such "distribution or transportation occurs, i.e. 

"introduction into interstate commerce", such appliance could still be 

exported to an Article 5 party pursuant to an exception for such
exports.

 

Is this reading of the materials correct and will a Final Rule
potentially 

modify this?

 

Is EPA responsible for promulgating the current list of "Article 5 

Parties" and if so, where is that official information published?

 

Is there a required procedure for obtaining EPA approval for the 

import-for-export of such appliances?

 

Is there a required procedure for obtaining EPA approval for the export
of 

such appliances?

 

Does your office render opinions/interpretations on proper labeling of 

products using ozone-depleting substances or the reporting requirements 

pertinent to importing/exporting? If not, which office in EPA has 

responsibility for such matters?  

 

If it would be easier to discuss this over the phone please let me know
a 

convenient time to call you.

 

Thank you for your consideration of my questions. 

 

Respectfully,

Jay Carmichael----- Forwarded by Julius Banks/DC/USEPA/US on 12/10/2009 

02:59 PM -----

	

	Re: Ban on the Sale and Distribution of Pre-Charged Appliances  

	

	Julius Banks 

	to:

	Jay Carmichael

	08/24/2009 12:46 PM

	

I am aware of the comments.  As we discussed last week, EPA does not 

allocate equipment allowances, under any circumstances including under
an 

A5 designation.   EPA did not propose such an exemption to the proposed 

ban on sale or distribution in interstate commerce of HCFC-22 or HCFC-22
 

precharged equipment.  We will address the comments on this issue in the


final version of the proposed rule.

Julius

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:  202.343.9870

fax:  202.343.2338

www.epa.gov/ozone/title6/608/608fact.html

From:	"Jay Carmichael" <JCarmichael@gunster.com>

To:	Julius Banks/DC/USEPA/US@EPA

Date:	08/24/2009 10:21 AM

Subject:	Ban on the Sale and Distribution of Pre-Charged Appliances

Mr. Banks,

I read through many comments to the subject proposed rule over the
weekend 

following our conversation about import-to-export last Friday.

 

A tangentially related issue arises with regard to domestic
manufacturing 

of appliances containing R-22 after January 1, 2010 for exportation.
E.g., 

AHRI, in its February 6, 2009 letter (as well as other commentors, e.g. 

Rheem, Trane, URI), opposed the proposed ban on U.S.-manufactured 

appliances intended solely for export from the U.S. to Article 5 

countries.  Can you advise if such appliances, even if introduced into 

U.S. interstate commerce prior to export but for the sole purpose of 

export, will be allowed?

 

Thank you very much for your response.

 

Respectfully,

Jay Carmichael

Tax Advice Disclosure: To ensure compliance with requirements imposed by


the IRS under Circular 230, we inform you that any U.S. federal tax
advice 

contained in this communication (including any attachments), unless 

otherwise specifically stated, was not intended or written to be used,
and 

cannot be used, for the purpose of (1) avoiding penalties under the 

Internal Revenue Code or (2) promoting, marketing or recommending to 

another party any matters addressed herein. Click the following
hyperlink 

to view the complete Gunster IRS Disclosure & Confidentiality note. 

http://www.gunster.com/misc/Disclaimer 

----- Forwarded by Julius Banks/DC/USEPA/US on 12/10/2009 02:59 PM -----

	

	Ban on the sale and distribution of pre-charged appliances (with R-22)

	

	Jay Carmichael 

	to:

	Julius Banks

	09/07/2009 08:16 AM

	

Mr. Banks,

 

Thank you again, very much, for your timely responses to my earlier 

questions. I've been watching for a public announcement on the final 

subject regulation and continuing to review the FR but have not seen a 

Final Rule of EPA's Proposed Rule on the subject published last
December.  

Has the Final Rule been published? If not, is there a distribution list
to 

which I could be added for automatic notification of such publication?

 

Thank you.

Very respectfully,

Jay Carmichael

Tax Advice Disclosure: To ensure compliance with requirements imposed by


the IRS under Circular 230, we inform you that any U.S. federal tax
advice 

contained in this communication (including any attachments), unless 

otherwise specifically stated, was not intended or written to be used,
and 

cannot be used, for the purpose of (1) avoiding penalties under the 

Internal Revenue Code or (2) promoting, marketing or recommending to 

another party any matters addressed herein. Click the following
hyperlink 

to view the complete Gunster IRS Disclosure & Confidentiality note. 

http://www.gunster.com/misc/Disclaimer 

----- Forwarded by Julius Banks/DC/USEPA/US on 12/10/2009 02:59 PM -----

	

	Re: Ban on the sale and distribution of pre-charged appliances (with
R-22) 

 

	

	Julius Banks 

	to:

	Jay Carmichael

	09/08/2009 11:18 AM

	

Mr. Carmichael,

I anticipate final versions of the rules to be published later this
year.  

EPA will post copies on-line(www.epa.gov/ozone/strathome.html) as soon
as 

the final versions can be made public.   Additional information is 

available at www.epa.gov/ozone/title6/phaseout/rulesoverview.html and 

www.epa.gov/ozone/title6/phaseout/classtwo.html.  Unfortunately, I
cannot 

give you an estimated publish date, but we will post as soon as the
rules 

are signed.  There is no official distribution list, but I will send you
a 

note when we post.

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:  202.343.9870

fax:  202.343.2338

www.epa.gov/ozone/title6/608/608fact.html

From:	"Jay Carmichael" <JCarmichael@gunster.com>

To:	Julius Banks/DC/USEPA/US@EPA

Date:	09/07/2009 08:16 AM

Subject:	Ban on the sale and distribution of pre-charged appliances
(with 

R-22)

Mr. Banks,

 

Thank you again, very much, for your timely responses to my earlier 

questions. I've been watching for a public announcement on the final 

subject regulation and continuing to review the FR but have not seen a 

Final Rule of EPA's Proposed Rule on the subject published last
December.  

Has the Final Rule been published? If not, is there a distribution list
to 

which I could be added for automatic notification of such publication?

 

Thank you.

Very respectfully,

Jay Carmichael

Tax Advice Disclosure: To ensure compliance with requirements imposed by


the IRS under Circular 230, we inform you that any U.S. federal tax
advice 

contained in this communication (including any attachments), unless 

otherwise specifically stated, was not intended or written to be used,
and 

cannot be used, for the purpose of (1) avoiding penalties under the 

Internal Revenue Code or (2) promoting, marketing or recommending to 

another party any matters addressed herein. Click the following
hyperlink 

to view the complete Gunster IRS Disclosure & Confidentiality note. 

http://www.gunster.com/misc/Disclaimer 

----- Forwarded by Julius Banks/DC/USEPA/US on 12/10/2009 02:59 PM -----

	

	Re: Ban on the sale and distribution of pre-charged appliances (with
R-22)

	

	Jay Carmichael 

	to:

	Julius Banks

	09/08/2009 11:26 AM

	

Mr. Banks,

Thank you very much for the information and quick response.

 

Respectfully,

Jay Carmichael

>>> <Banks.Julius@epamail.epa.gov> 9/8/2009 11:18 AM >>>

Mr. Carmichael,

I anticipate final versions of the rules to be published later this

year.  EPA will post copies on-line(www.epa.gov/ozone/strathome.html) as

soon as the final versions can be made public.   Additional information

is available at www.epa.gov/ozone/title6/phaseout/rulesoverview.html and

www.epa.gov/ozone/title6/phaseout/classtwo.html.  Unfortunately, I

cannot give you an estimated publish date, but we will post as soon as

the rules are signed.  There is no official distribution list, but I

will send you a note when we post.

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:  202.343.9870

fax:  202.343.2338

www.epa.gov/ozone/title6/608/608fact.html

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  |"Jay Carmichael" <JCarmichael@gunster.com>                           
  

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  |Julius 

Banks/DC/USEPA/US@EPA                                                   
  

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  |09/07/2009 08:16 

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  |Ban on the sale and distribution of pre-charged appliances  (with 

R-22)                                                               |

  

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Mr. Banks,

Thank you again, very much, for your timely responses to my earlier

questions. I've been watching for a public announcement on the final

subject regulation and continuing to review the FR but have not seen a

Final Rule of EPA's Proposed Rule on the subject published last

December.  Has the Final Rule been published? If not, is there a

distribution list to which I could be added for automatic notification

of such publication?

Thank you.

Very respectfully,

Jay Carmichael

Tax Advice Disclosure: To ensure compliance with requirements imposed by

the IRS under Circular 230, we inform you that any U.S. federal tax

advice contained in this communication (including any attachments),

unless otherwise specifically stated, was not intended or written to be

used, and cannot be used, for the purpose of (1) avoiding penalties

under the Internal Revenue Code or (2) promoting, marketing or

recommending to another party any matters addressed herein. Click the

following hyperlink to view the complete Gunster IRS Disclosure &

Confidentiality note.

http://www.gunster.com/misc/Disclaimer

Tax Advice Disclosure: To ensure compliance with requirements imposed by


the IRS under Circular 230, we inform you that any U.S. federal tax
advice 

contained in this communication (including any attachments), unless 

otherwise specifically stated, was not intended or written to be used,
and 

cannot be used, for the purpose of (1) avoiding penalties under the 

Internal Revenue Code or (2) promoting, marketing or recommending to 

another party any matters addressed herein. Click the following
hyperlink 

to view the complete Gunster IRS Disclosure & Confidentiality note. 

http://www.gunster.com/misc/Disclaimer 

----- Forwarded by Julius Banks/DC/USEPA/US on 12/10/2009 02:59 PM -----

	

	Re: Ban on the sale and distribution of pre-charged appliances (with
R-22) 

 

	

	Julius Banks 

	to:

	Jay Carmichael

	10/26/2009 09:25 AM

	

Mr. Carmichael,

 We had proposed an effective date of January 1, 2010.  Since it was
only 

a proposed date (and no date has been codified),  there is nothing to 

extend.  .  The signature date may impact the effective date of the
final 

rule; however, I cannot offer a definitive date at this time.  

Regards,

Julius

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:  202.343.9870

fax:  202.343.2338

www.epa.gov/ozone/title6/608/608fact.html

From:	"Jay Carmichael" <JCarmichael@gunster.com>

To:	Julius Banks/DC/USEPA/US@EPA

Date:	10/25/2009 11:11 AM

Subject:	Re: Ban on the sale and distribution of pre-charged appliances 

(with R-22)

Mr. Banks,

 

In view of the fact that a Final Rule has still not been published, is
the 

effective date for imposing the ban being extended?

 

Thank you for any information you can provide.

 

Respectfully,

Jay Carmichael

 

>>> <Banks.Julius@epamail.epa.gov> 9/8/2009 11:18 AM >>>

Mr. Carmichael,

I anticipate final versions of the rules to be published later this

year.  EPA will post copies on-line(www.epa.gov/ozone/strathome.html) as

soon as the final versions can be made public.   Additional information

is available at www.epa.gov/ozone/title6/phaseout/rulesoverview.html and

www.epa.gov/ozone/title6/phaseout/classtwo.html.  Unfortunately, I

cannot give you an estimated publish date, but we will post as soon as

the rules are signed.  There is no official distribution list, but I

will send you a note when we post.

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:  202.343.9870

fax:  202.343.2338

www.epa.gov/ozone/title6/608/608fact.html

|------------>

| From:      |

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  |"Jay Carmichael" <JCarmichael@gunster.com>                           
  

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  |Julius 

Banks/DC/USEPA/US@EPA                                                   
  

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  |09/07/2009 08:16 

AM                                                                      
  

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  |Ban on the sale and distribution of pre-charged appliances  (with 

R-22)                                                               |

  

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Mr. Banks,

Thank you again, very much, for your timely responses to my earlier

questions. I've been watching for a public announcement on the final

subject regulation and continuing to review the FR but have not seen a

Final Rule of EPA's Proposed Rule on the subject published last

December.  Has the Final Rule been published? If not, is there a

distribution list to which I could be added for automatic notification

of such publication?

Thank you.

Very respectfully,

Jay Carmichael

Tax Advice Disclosure: To ensure compliance with requirements imposed by

the IRS under Circular 230, we inform you that any U.S. federal tax

advice contained in this communication (including any attachments),

unless otherwise specifically stated, was not intended or written to be

used, and cannot be used, for the purpose of (1) avoiding penalties

under the Internal Revenue Code or (2) promoting, marketing or

recommending to another party any matters addressed herein. Click the

following hyperlink to view the complete Gunster IRS Disclosure &

Confidentiality note.

http://www.gunster.com/misc/Disclaimer

Tax Advice Disclosure: To ensure compliance with requirements imposed by


the IRS under Circular 230, we inform you that any U.S. federal tax
advice 

contained in this communication (including any attachments), unless 

otherwise specifically stated, was not intended or written to be used,
and 

cannot be used, for the purpose of (1) avoiding penalties under the 

Internal Revenue Code or (2) promoting, marketing or recommending to 

another party any matters addressed herein. Click the following
hyperlink 

to view the complete Gunster IRS Disclosure & Confidentiality note. 

http://www.gunster.com/misc/Disclaimer 

----- Forwarded by Julius Banks/DC/USEPA/US on 12/10/2009 02:59 PM -----

	

	Re: Ban on the sale and distribution of pre-charged appliances (with
R-22) 

 

	

	Julius Banks 

	to:

	Jay Carmichael

	10/26/2009 10:48 AM

	

Jay

There is no statutory or existing regulatory self-effectuating ban on
the 

import of pre-charged R-22 appliances and components. Without a final
rule 

there is no ban on pre-charged appliances and components, and there is
no 

effective date.  I can't give you an effective date without a final
rule, 

but I understand that companies may have plans to import potential 

regulated products after the proposed effective date.  We hope that 

businesses take the proposal into consideration when making their future


plans--so that they will not be taken off guard by EPA final action. 

Julius

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:  202.343.9870

fax:  202.343.2338

www.epa.gov/ozone/title6/608/608fact.html

From:	"Jay Carmichael" <JCarmichael@gunster.com>

To:	Julius Banks/DC/USEPA/US@EPA

Date:	10/26/2009 09:42 AM

Subject:	Re: Ban on the sale and distribution of pre-charged appliances 

(with R-22)

Mr. Banks,

I understand. I probably should have not used the term "extended." We're


66 days from a potential effective date.  Some business supply chains 

could may already exceed that time frame.  Is it EPA's position that a 

January 1, 2010 ban will be effective even absent the promulgation of a 

Final Rule?   

Respectfully,

Jay Carmichael

>>> <Banks.Julius@epamail.epa.gov> 10/26/2009 9:25 AM >>>

Mr. Carmichael,

We had proposed an effective date of January 1, 2010.  Since it was

only a proposed date (and no date has been codified),  there is nothing

to extend.  .  The signature date may impact the effective date of the

final rule; however, I cannot offer a definitive date at this time.

Regards,

Julius

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:  202.343.9870

fax:  202.343.2338

www.epa.gov/ozone/title6/608/608fact.html

|------------>

| From:      |

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  |"Jay Carmichael" <JCarmichael@gunster.com>                           
  

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>-----------------------------------------------------------------------
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  |Julius 

Banks/DC/USEPA/US@EPA                                                   
  

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| Date:      |

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  |10/25/2009 11:11 

AM                                                                      
  

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  |Re: Ban on the sale and distribution of pre-charged   appliances 
(with 

R-22)                                                             |

  

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Mr. Banks,

In view of the fact that a Final Rule has still not been published, is

the effective date for imposing the ban being extended?

Thank you for any information you can provide.

Respectfully,

Jay Carmichael

>>> <Banks.Julius@epamail.epa.gov> 9/8/2009 11:18 AM >>>

Mr. Carmichael,

I anticipate final versions of the rules to be published later this

year.  EPA will post copies on-line(www.epa.gov/ozone/strathome.html) as

soon as the final versions can be made public.   Additional information

is available at www.epa.gov/ozone/title6/phaseout/rulesoverview.html and

www.epa.gov/ozone/title6/phaseout/classtwo.html.  Unfortunately, I

cannot give you an estimated publish date, but we will post as soon as

the rules are signed.  There is no official distribution list, but I

will send you a note when we post.

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:  202.343.9870

fax:  202.343.2338

www.epa.gov/ozone/title6/608/608fact.html

|------------>

| From:      |

|------------>

>-----------------------------------------------------------------------
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  |"Jay Carmichael" <JCarmichael@gunster.com>

|

>-----------------------------------------------------------------------
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| To:        |

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  |Julius Banks/DC/USEPA/US@EPA

|

>-----------------------------------------------------------------------
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| Date:      |

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  |09/07/2009 08:16 AM

|

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  |Ban on the sale and distribution of pre-charged appliances  (with

R-22)                                                               |

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Mr. Banks,

Thank you again, very much, for your timely responses to my earlier

questions. I've been watching for a public announcement on the final

subject regulation and continuing to review the FR but have not seen a

Final Rule of EPA's Proposed Rule on the subject published last

December.  Has the Final Rule been published? If not, is there a

distribution list to which I could be added for automatic notification

of such publication?

Thank you.

Very respectfully,

Jay Carmichael

Tax Advice Disclosure: To ensure compliance with requirements imposed by

the IRS under Circular 230, we inform you that any U.S. federal tax

advice contained in this communication (including any attachments),

unless otherwise specifically stated, was not intended or written to be

used, and cannot be used, for the purpose of (1) avoiding penalties

under the Internal Revenue Code or (2) promoting, marketing or

recommending to another party any matters addressed herein. Click the

following hyperlink to view the complete Gunster IRS Disclosure &

Confidentiality note.

http://www.gunster.com/misc/Disclaimer

Tax Advice Disclosure: To ensure compliance with requirements imposed by

the IRS under Circular 230, we inform you that any U.S. federal tax

advice contained in this communication (including any attachments),

unless otherwise specifically stated, was not intended or written to be

used, and cannot be used, for the purpose of (1) avoiding penalties

under the Internal Revenue Code or (2) promoting, marketing or

recommending to another party any matters addressed herein. Click the

following hyperlink to view the complete Gunster IRS Disclosure &

Confidentiality note.

http://www.gunster.com/misc/Disclaimer

Tax Advice Disclosure: To ensure compliance with requirements imposed by


the IRS under Circular 230, we inform you that any U.S. federal tax
advice 

contained in this communication (including any attachments), unless 

otherwise specifically stated, was not intended or written to be used,
and 

cannot be used, for the purpose of (1) avoiding penalties under the 

Internal Revenue Code or (2) promoting, marketing or recommending to 

another party any matters addressed herein. Click the following
hyperlink 

to view the complete Gunster IRS Disclosure & Confidentiality note. 

http://www.gunster.com/misc/Disclaimer 

