Protection of Stratospheric Ozone: Revision of Refrigerant Recovery and Recycling Equipment Standards, 63490-63499 [E7-21943]

Download as PDF 63490 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Rules and Regulations technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321– 4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction, from further environmental documentation. Paragraph (34)(g) is applicable because this rule establishes a safety zone. A final ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’ will be available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR Part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. I 2. Add § 165.T11–254 to read as follows: mstockstill on PROD1PC66 with RULES § 165.T11–254 Safety Zone; Alameda County Sheriff’s Office Maritime Interdiction Training, San Francisco Bay, CA. 122° 20′48″ W; latitude 37° 43′45″ N and longitude 122° 19′33″ W; latitude 37° 42′12″ N and longitude 122° 20′48″ W; latitude 37° 42′12″ N and longitude 122° 19′ 33″ W, and then back to the beginning point. These coordinates are based upon datum: NAD 83. (b) Enforcement Period. This safety zone is in effect from 8 a.m. to 2 p.m. on November 1, 2007, November 8, 2007, and November 15, 2007. If the training events conclude prior to their scheduled termination times, the Coast Guard will cease enforcement of this safety zone and will announce that fact via Broadcast Notice to Mariners. (c) Regulations. (1) In accordance with the general regulations in Sec. 165.23 of this part, entry into, transit through, or anchoring within this safety zone by all vessels and persons is prohibited, unless specifically authorized by the Captain of the Port, San Francisco, or his designated representative. (2) All persons and vessels shall comply with the instructions of the Captain of the Port, San Francisco, or the designated representative. (3) Designated representative means any commissioned, warrant, and petty officer of the Coast Guard on board a Coast Guard, Coast Guard Auxiliary, local, state, or federal law enforcement vessel who is authorized to act on behalf of the Captain of the Port, San Francisco. (4) Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. Persons and vessels may request permission to enter the safety zone on VHF–16 or via telephone at (415) 399–3547. (5) The U.S. Coast Guard may be assisted in the patrol and enforcement of this safety zone by local law enforcement as necessary. Dated: October 30, 2007. W. J. Uberti, Captain, U.S. Coast Guard, Captain of the Port, San Francisco. [FR Doc. E7–21977 Filed 11–8–07; 8:45 am] BILLING CODE 4910–15–P (a) Location. This temporary safety zone is established for the navigable waters of San Francisco Bay in the vicinity of Hunters Point and includes all navigable waters, from the surface to the seafloor, encompassed by connecting the following points: beginning at 37° 43′45″ N and longitude VerDate Aug<31>2005 18:07 Nov 08, 2007 Jkt 214001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA–HQ–OAR–2006–5065; FRL–8493–5] RIN 2060–AO32 Protection of Stratospheric Ozone: Revision of Refrigerant Recovery and Recycling Equipment Standards Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action on motor vehicle refrigerant recovery and recycling equipment standards. Under Clean Air Act Section 609, motor vehicle air-conditioning (MVAC) refrigerant handling equipment must be certified by the Administrator or an independent organization approved by the Administrator and, at a minimum, must be as stringent as the standards of the Society of Automotive Engineers (SAE) that are in effect as of the date of the enactment of the Clean Air Act Amendments of 1990. In 1997, EPA promulgated regulations that required the use of SAE Standard J2210, HFC–134a Recycling Equipment for Mobile Air Conditioning Systems for certification of MVAC refrigerant handling equipment. SAE has replaced Standard J2210 with J2788, Recovery/ Recycle and Recovery/Recycle/ Recharging Equipment for HFC–134a Refrigerant. To avoid confusion with an outdated reference, EPA is updating its reference to the new SAE standards. This action reflects a change in industry standard practice. This action also revises the EPA addresses to send equipment certification forms. DATES: This rule is effective on December 31, 2007 without further notice, unless EPA receives adverse comment or a request for public hearing by December 10, 2007. If we receive adverse comment or a request for a public hearing, we will publish a timely withdrawal in the Federal Register informing the public that some or all of the amendments in this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2006–5065, by one of the following methods: • http://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: a-and-r-Docket@epa.gov. • Fax: 202–566–1741. • Mail: Environmental Protection Agency, Mailcode 6102T, EPA Docket E:\FR\FM\09NOR1.SGM 09NOR1 mstockstill on PROD1PC66 with RULES Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Rules and Regulations Center (EPA/DC), 1200 Pennsylvania Avenue, NW., Washington, DC 20460 • Hand Delivery: Public Reading Room, Room B102, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2006– 5065. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., 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 telephone number VerDate Aug<31>2005 18:07 Nov 08, 2007 Jkt 214001 for the Public Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Karen Thundiyil, Stratospheric Protection Division, Office of Atmospheric Programs (MC 6205J), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 343–9464; fax number: (202) 343–2363; e-mail address: thundiyil.karen@epa.gov. SUPPLEMENTARY INFORMATION: EPA is publishing this rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment because this action is primarily administrative in nature. However, in the ‘‘Proposed Rules’’ section of today’s Federal Register, we are publishing a separate document that will serve as the proposed rule to update EPA’s reference to an obsolete SAE standard, if adverse comments or a request for public hearing are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. If EPA receives adverse comment or a request for a public hearing, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. We would address all public comments in any subsequent final rule based on the proposed rule. Existing regulations covering specifications for motor vehicle air conditioning (MVAC) refrigerant handling equipment reference Society of Automotive Engineers (SAE) standards that have become outdated because the SAE has issued new updated standards. This action will update existing regulations to reference newly updated SAE standards. This regulatory action is primarily administrative with no significant policy issues. Section 609 of the Clean Air Act requires that EPA regulations be at least as stringent as SAE J1990 standard. J1990 describes refrigerant handling equipment for CFC–12 refrigerant. Since Section 609’s conception, the MVAC sector has transitioned from CFC–12, an ozone depleting substance, to HFC– 134a, a non-ozone depleting substance. Now HFC–134a is the predominant refrigerant in MVACs in the United States and around the world. At the start of the transition from CFC–12 to HFC– 134a, more than 13 years ago, SAE developed standard J2210 on HFC–134a PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 63491 refrigerant handling equipment. J2210 described standards for HFC–134a refrigerant recovery and recycling machines. At the time of transition from CFC–12 to HFC–134a, EPA adopted J2210. Now, SAE has updated the standard on HFC–134a refrigerant handling equipment from J2210 to J2788. This action updates EPA’s reference to SAE’s new HFC–134a refrigerant handling equipment standards (J2788 in Appendix C to Subpart B of Part 82 in the Code of Federal Regulations). I. Background A. Statutory Authority Title VI of the Clean Air Act (Act) is designed to protect the stratospheric ozone layer. Section 609 of the Act requires the Administrator to promulgate regulations establishing standards and requirements regarding the servicing of MVACs. The Act requires that the Administrator establish standards for using MVAC refrigerant handling equipment that shall be at least as stringent as the applicable standards of SAE in effect as of the date of enactment (November 15, 1990). B. EPA Section 609 Equipment Certification Program EPA requires that any person repairing or servicing MVACs shall certify to EPA that such person has acquired approved refrigerant handling equipment. An independent standards testing organization, approved by EPA, certifies equipment as meeting the MVAC refrigerant handling equipment standards. At this time, Intertek/ETL and Underwriters Laboratories Inc. (UL) have been approved by EPA to certify MVAC refrigerant handling equipment. C. SAE Industry Standards EPA refers to the SAE J standards for technical specifications related to MVAC servicing issues. SAE’s standards are developed through international participation and cooperation of MVAC experts from motor vehicle manufacturers, MVAC suppliers, chemical manufacturers, refrigerant handling equipment manufacturers and other interested industry stakeholders. SAE standards are internationally recognized, adopted and referenced by all major motor vehicle manufacturers and their suppliers. SAE periodically updates their standards to reflect changes in industry best practices and/ or technology improvements. II. New Industry Practice and Updated SAE Standard Test results from the SAE Improved Mobile Air Conditioning Cooperative E:\FR\FM\09NOR1.SGM 09NOR1 mstockstill on PROD1PC66 with RULES 63492 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Rules and Regulations Research Project, an MVAC industry sponsored research project, indicated that equipment designed to meet SAE standards J2210 did not recover refrigerant from MVAC systems as well as was previously assumed (Docket No. EPA–HQ–OAR–2006–0428–0001). As much as 30% of refrigerant remained in an MVAC system when J2210 recovery equipment indicated all refrigerant had been recovered. MVAC service technicians rely on complete refrigerant recovery to refill MVAC systems according to the motor vehicle manufacturer specification. In light of sub-standard recovery performance, SAE revised their standards to include performance standards that ensure an improved standard of refrigerant recovery and recharge. SAE replaced standard J2210 with standard J2788 in October 2006. J2788 encompasses all of J2210, adds standards on recharging of MVAC systems, and adds performance standards to improve equipment refrigerant recovery performance. Specifically, J2788 sets a recharge accuracy standard of 0.5 ounces and requires 95% recovery of refrigerant from an MVAC system. With this action, EPA is updating its reference to the SAE standards at § 82.36. SAE J2210 will no longer exist effective December 2007, and will be superseded by J2788. In Section 82.36, Approved refrigerant recycling equipment, EPA is updating the reference from J2210 to J2788, for recovery/recycling equipment and for recovery/recycling/recharging equipment. In addition, for purposes of clarity, EPA is adding a clause to Section 82.34 (Prohibitions and required practices), which specifies that equipment manufactured or imported must meet the SAE standards. By updating our reference to SAE’s new standard J2788, the Agency avoids confusion on the part of the refrigerant handling equipment manufacturer, service technician or A/C service shop owner who would otherwise face a federal requirement that referenced an obsolete standard that conflicts with the new industry standard practice established with J2788. Currently the regulations under § 82.36 (Approved refrigerant recycling equipment) envisage more than just refrigerant recycling and include refrigerant recovery. Therefore, to more accurately reflect the provisions outlined in that section, EPA is revising the title of § 82.36 from ‘‘Approved refrigerant recycling equipment’’ to ‘‘Approved refrigerant handling equipment.’’ While this action updates EPA’s reference to SAE’s new J2788 standard, VerDate Aug<31>2005 18:07 Nov 08, 2007 Jkt 214001 it does not require an immediate replacement of previously certified MVAC recovery and recovery/recycling equipment with new J2788 equipment. Rather, all new MVAC refrigerant handling equipment manufactured after December 31, 2007 must be certified to J2788. Equipment manufactured after December 31, 2007 that is certified to J2210 will not satisfy EPA requirements and cannot be manufactured or imported. See Section III below for a discussion on existing inventory of equipment certified to J2210. A/C service shop owners or technicians may decide to accelerate plans to replace old J2210 equipment with the new J2788 equipment standard because of the expected refrigerant savings that translate into a cost savings. According to the January 2007 Mobile Air Conditioning Society Worldwide (MACS) Service Report (Docket No. EPA–HQ–OAR–2006–0428–0003), the new J2788 equipment will result in a 30 to 50% refrigerant savings because the equipment will recover more refrigerant from an MVAC system. Recovered refrigerant can be recycled for future use, rather than buying new refrigerant product. III. Effective Date MVAC recovery/recycling equipment and MVAC recovery/recycling/ recharging equipment manufactured or imported after December 31, 2007 must be certified by an EPA-approved independent standards testing organization to meet the specifications of Appendix C of 40 Code of Federal Regulations, Part 82, Subpart B. As explained above, Appendix C will now require that such equipment be certified under SAE’s updated standard J2788. EPA expects that this date provides sufficient time for production facilities and distributors to transition to the new SAE standards and sell most if not all of their inventory of J2210 equipment, since SAE released the new J2788 standard in October 2006. EPA will allow sales of J2210 equipment stock manufactured before January 1, 2008. Although certification of new equipment under SAE standard J2788 becomes effective for equipment manufactured or imported after December 31, 2007, EPA suggests that equipment manufacturers transition to the new equipment standard as soon as feasible. IV. Revision to Equipment Certification Mailing Address EPA Regional Offices maintain the MVAC refrigerant handling equipment certification forms sent by equipment owners, but the current regulations PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 require equipment purchasers to mail the form to EPA Headquarters. EPA Headquarters then must fax or mail every equipment certification to the appropriate region, based on the equipment owner’s place of business. To streamline this process, EPA is amending § 82.42 so that equipment owners may send their certification forms directly to the appropriate EPA region. V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This action is not a ‘‘significant regulatory action’’ under the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the EO. B. Paperwork Reduction Act This action does not impose any new information collection burden. The recordkeeping and reporting requirements included in this action are already included in an existing information collection burden. This action does not make any changes that would affect burden. However, the Office of Management and Budget (OMB) has previously approved the information collection requirements contained in the existing regulations, 40 CFR part 82, under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060–0247, EPA ICR number 1617.05. A copy of the OMB approved Information Collection Request (ICR) may be obtained from Susan Auby, Collection Strategies Division; U.S. Environmental Protection Agency (2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by calling (202) 566–1672. A copy may also BE downloaded from http:// www.regulations.gov. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of E:\FR\FM\09NOR1.SGM 09NOR1 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Rules and Regulations C. Regulatory Flexibility Act The RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today’s rule on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administration’s (SBA) regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of today’s rule on small entities, we certify that this action will not have a significant economic impact on a substantial number of small entities. As MVAC service shop owners replace endof-life refrigerant handling equipment, owners will purchase equipment certified to the new SAE standard. effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. EPA has determined that this rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any one year. Today’s rule does not affect State, local, or tribal governments. The impact of this rule on the private sector will be less than $100 million per year. Thus, today’s rule is not subject to the requirements of sections 202 and 205 of the UMRA. EPA has determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments. These changes being made by this action are to update EPA’s reference to the new SAE standards. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104–4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with ‘‘Federal mandates’’ that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost- E. Executive Order 13132: Federalism Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ This action does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the mstockstill on PROD1PC66 with RULES information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in 40 CFR are listed in 40 CFR part 9. VerDate Aug<31>2005 18:07 Nov 08, 2007 Jkt 214001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 63493 distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. The changes being made by this action are to update EPA’s reference to the new SAE standards. Thus, Executive Order 13132 does not apply to this rule. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 6, 2000), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ This final rule does not have tribal implications, as specified in Executive Order 13175. It does not significantly or uniquely affect the communities of Indian tribal governments, because this regulation applies directly to facilities that use these substances and not to governmental entities. Thus, Executive Order 13175 does not apply to this rule. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks Executive Order 13045: ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is determined to be ‘‘economically significant’’ as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5–501 of the Order has the potential to influence the regulation. This rule is not subject to Executive Order 13045 because it is based on technology performance and not on health or safety risks. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect E:\FR\FM\09NOR1.SGM 09NOR1 63494 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Rules and Regulations Energy Supply, Distribution, or Use’’ (66 FR 28355 (May 22, 2001)) because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act As noted in the proposed rule, Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law 104–113, Section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This rulemaking explicitly references technical standards; EPA uses the SAE revision versions of J2210. These standards can be obtained from http:// www.sae.org/technical/standards/. Dated: November 2, 2007. Stephen L. Johnson, Administrator. For the reasons set out in the preamble, 40 CFR Part 82 is amended as follows: I PART 82—PROTECTION OF STRATOSPHERIC OZONE 1. The authority citation for part 82 continues to read as follows: I Authority: 42 U.S.C. 7414, 7601, 7671– 7671q. Subpart B—Servicing of Motor Vehicle Air Conditioners 2. Section 82.34 is amended by adding a new paragraph (e) to read as follows: I § 82.34 Prohibitions and required practices. * * * * * (e) Refrigerant handling equipment manufactured or imported for use during the maintenance, service or repair of MVACs for consideration cannot be introduced into interstate commerce unless meeting the requirements of § 82.36. I 3. Section 82.36 is amended by revising the section heading and paragraph (a)(4) to read as follows: J. Congressional Review Act § 82.36 Approved refrigerant handling equipment. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A Major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This rule will be effective December 31, 2007. (a) * * * (4) Effective January 1, 2008, equipment that recovers and recycles HFC–134a refrigerant and equipment that recovers and recycles HFC–134a refrigerant and recharges systems with HFC–134a refrigerant must meet the standards set forth in Appendix C of this subpart based upon J2788—HFC– 134a (R–134a) Recovery/Recycling Equipment and Recovery/Recycling/ Recharging for Mobile Air-Conditioning Systems. * * * * * I 4. Section 82.42 is amended by revising paragraph (a)(1)(iii) to read as follows: mstockstill on PROD1PC66 with RULES List of Subjects in 40 CFR Part 82 Environmental protection, Motor vehicle air-conditioning, Recover/ recycle equipment, Recover/recycle/ recharge equipment, Reporting and certification requirements, Stratospheric ozone layer. VerDate Aug<31>2005 18:07 Nov 08, 2007 Jkt 214001 § 82.42 Certification, recordkeeping and public notification requirements. (a) * * * (1) * * * (iii) The manufacturer name and equipment model number, the date of manufacture, and the serial number of the equipment. The certification must also include a statement that the equipment will be properly used in servicing motor vehicle air conditioners, that each individual authorized by the purchaser to perform service is properly trained and certified in accordance with PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 § 82.40, and that the information given is true and correct. (A) Owners or lessees of recycling or recovery equipment having their places of business in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont must send their certifications to: CAA section 609 Enforcement Contact; EPA Region I; Mail Code SEA; JFK Federal Building; One Congress Street, Suite 1100; Boston, MA 02114–2023. (B) Owners or lessees of recycling or recovery equipment having their places of business in New York, New Jersey, Puerto Rico, Virgin Islands must send their certifications to: CAA section 609 Enforcement Contact; EPA Region II (2DECA–AC); 290 Broadway, 21st Floor; New York, NY 10007–1866. (C) Owners or lessees of recycling or recovery equipment having their places of business in Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia must send their certifications to: CAA section 609 Enforcement Contact; EPA Region III— Wheeling Operations Office; Mail Code 3AP12; 303 Methodist Building; 11th and Chapline Streets; Wheeling, WV 26003. (D) Owners or lessees of recycling or recovery equipment having their places of business in Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee must send their certifications to: CAA section 609 Enforcement Contact; EPA Region IV (APT–AE); Atlanta Federal Center; 61 Forsyth Street, SW.; Atlanta, GA 30303. (E) Owners or lessees of recycling or recovery equipment having their places of business in Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin must send their certifications to: CAA section 609 Enforcement Contact, EPA Region V (AE17J); 77 West Jackson Blvd.; Chicago, IL 60604–3507. (F) Owners or lessees of recycling or recovery equipment having their places of business in Arkansas, Louisiana, New Mexico, Oklahoma, Texas must send their certifications to: CAA section 609 Enforcement Contact; EPA Region VI (6EN–AA); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202. (G) Owners or lessees of recycling or recovery equipment having their places of business in Iowa, Kansas, Missouri, Nebraska must send their certifications to: CAA section 609 Enforcement Contact; EPA Region VII; Mail Code APCO/ARTD; 901 North 5th Street; Kansas City, KS 66101. (H) Owners or lessees of recycling or recovery equipment having their places of business in Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming E:\FR\FM\09NOR1.SGM 09NOR1 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Rules and Regulations must send their certifications to: CAA section 609 Enforcement Contact, EPA Region VIII, Mail Code 8ENF–T, 999 18th Street, Suite 500, Denver, CO 80202–2466. (I) Owners or lessees of recycling or recovery equipment having their places of business in American Samoa, Arizona, California, Guam, Hawaii, Nevada must send their certifications to: CAA section 609 Enforcement Contact; EPA Region IX; Mail Code AIR–5; 75 Hawthorne Street; San Francisco, CA 94105. (J) Owners or lessees of recycling or recovery equipment having their places of business in Alaska, Idaho, Oregon, Washington must send their certifications to: CAA section 609 Enforcement Contact; EPA Region X (OAQ–107); 1200 Sixth Avenue; Seattle, WA 98101. * * * * * Subpart B—Servicing of Motor Vehicle Air Conditioners 5. Appendix C to Subpart B is revised to read as follows: I Appendix C to Subpart B of Part 82— SAE J2788 Standard for Recovery/ Recycle and Recovery/Recycle/ Recharging Equipment for HFC–134a Refrigerant mstockstill on PROD1PC66 with RULES Foreword This Appendix establishes the specific minimum equipment requirements for the recovery/recycling of HFC–134a that has been directly removed from, and is intended for reuse in, mobile air-conditioning systems and recovery/recycling and system recharging of recycled, reclaimed or virgin HFC–134a. Establishing such specifications will ensure that system operation with recycled HFC–134a will provide the same level of performance and durability as new refrigerant. 1. Scope The purpose of this SAE Standard is to establish the specific minimum equipment performance requirements for recovery and recycling of HFC–134a that has been directly removed from, and is intended for reuse in, mobile air-conditioning (A/C) systems. It also is intended to establish requirements for equipment used to recharge HFC–134a to an accuracy level that meets Section 9 of this document and SAE J2099. The requirements apply to the following types of service equipment and their specific applications. a. Recovery/Recycling Equipment, b. Recovery/Recycling—Refrigerant Charging, c. Refrigerant Recharging Equipment Only. 1.1 Improved refrigerant recovery equipment is required to ensure adequate refrigerant recovery to reduce emissions and provide for accurate recharging of mobile air conditioning systems. Therefore, 12 months following the publication date of this VerDate Aug<31>2005 18:07 Nov 08, 2007 Jkt 214001 standard, requirements in this standard supplements and supersedes, SAE J2210. 2. References 2.1 Applicable Publications The following publications form a part of this specification to the extent specified herein. Unless otherwise indicated, the latest issue of SAE publications shall apply. 2.1.1 SAE Publications Available from SAE, 400 Commonwealth Drive, Warrendale, PA 15096–0001, Tel: 877– 606–7323 (inside USA and Canada) or 724– 776–4970 (outside USA), www.sae.org. SAE J2099 Standard of Purity for Recycled HFC–134a (R–134a) for Use in Mobile AirConditioning Systems SAE J2196 Service Hoses for Automotive Air-Conditioning SAE J2197 Service Hose Fittings for Automotive Air-Conditioning SAE J2296 Retest of Refrigerant Container 2.1.2 CGA Publications Available from CGA, 4221 Walney Road, 5th Floor, Chantilly VA 20151–2923, Tel: 703–788–2700, http://www.cganet.com. CGA Pamphlet S–1.1 Pressure Relief Device Standard Part 1—Cylinders for Compressed Gases 2.1.3 DOT Publications Available from the Superintendent of Documents, U.S. Government Printing Office, Mail Stop: SSOP, Washington, DC 20402– 9320. OT Standard, CFR Title 49, Section 173.304 Shippers—General Requirements for Shipments and Packagings 2.1.4 UL Publications Available from Underwriters Laboratories Inc., 333 Pfingsten Road, Northbrook, IL 60062–2096, Tel: 847–272–8800, http:// www.ul.com. UL 1769 Cylinder Valves UL 1963 Refrigerant Recovery/Recycling Equipment 3. Specification and General Description 3.1 The equipment must be able to remove and process HFC–134a (R–134a) from mobile A/C systems to the purity level specified in SAE J2099. 3.2 The equipment shall be suitable for use in an automotive service garage environment and be capable of continuous operation in ambients from 10 °C to 49 °C (50 °F to 120 °F). If it is designed to recharge a system, and it uses a scale for this purpose, the scale must demonstrate the ability to maintain accuracy per the test in 10.2. 3.3 The equipment must be certified that it meets this specification by an EPA listed certifying laboratory. 3.4 The equipment shall have a label, which states, ‘‘Certified by (Certifying Agent) to Meet SAE J2788 superseding SAE J2210’’ in bold-type letters a minimum of 3 mm (1⁄8 in) in height. PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 63495 4. Refrigerant Recycling Equipment Requirements 4.1 Moisture and Acid The equipment shall incorporate a desiccant package that must be replaced before saturation with moisture, and whose mineral acid capacity is at least 5% by weight of the dry desiccant. 4.1.1 The equipment shall be provided with a means of indicating when the filter desiccant moisture capacity has reached the allowable limit and desiccant replacement is required. This may include a reliable means of detecting moisture level or an algorithm based on the amount refrigerant recovered. The user must be clearly alerted to replace the filter prior to the full saturation. Warnings shall be displayed on screens and (printed on printouts where applicable). The warnings must explain that the machine is approaching the end of filter life. The manufacturer must incorporate a lockout when the end of filter life is reached. 4.1.2 The manufacturer shall use an identification system to ensure that a new filter has been installed to reset the machine for operation. 4.2 Filter The equipment shall incorporate an in-line filter that will trap particulates of 15 micron spherical diameter or greater. 4.3 Scale (if used) The scale must maintain accuracy when moved, as per the test in Section 10. 4.4 Purging Noncondensable Gases 4.4.1 The equipment shall automatically purge noncondensables (NCGs), which are primarily air, if the acceptable level is exceeded. NCG removal must be part of the normal operation of the equipment and instructions must be provided to enable the task to be accomplished within 30 min (to reach the refrigerant purity level specified in SAE J2099). 4.4.2 Refrigerant loss from noncondensable gas purging during the testing described in Section 8 shall be minimized by a method that initiates a purge when the machine has not been in use for a period long enough for air-refrigerant separation in the tank to have occurred. 4.5 Recharging and Transfer of Recycled Refrigerant Recycled refrigerant for recharging and transfer shall be taken from the liquid phase only. 5. Safety Requirements 5.1 The equipment must comply with applicable federal, state, and local requirements on equipment related to handling HFC–134a material. Safety precautions or notices related to safe operation of the equipment shall be prominently displayed on the equipment and should also state ‘‘CAUTION—SHOULD BE OPERATED BY QUALIFIED PERSONNEL.’’ 5.2 Under NO CIRCUMSTANCES should any equipment be pressure tested or leak tested with air/HFC–134a mixtures. Do not use compressed air (shop air) or leak detection in systems containing HFC– 134a. E:\FR\FM\09NOR1.SGM 09NOR1 63496 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Rules and Regulations 6. Operating Instructions 6.1 The equipment manufacturer shall provide a warning in the instruction manual regarding the possibility of refrigerant contamination in the mobile A/C system being serviced. 6.1.1 If recovery/recycle equipment has refrigerant identification equipment, the refrigerant identification equipment shall meet the requirements of SAE J1771. 6.1.2 Recovery/recycling equipment not having refrigerant identification capability shall have instructions in the equipment manual covering possible contamination problems to the equipment and the contamination of the existing recycled refrigerant in the container in the equipment. 6.2 The equipment manufacturer must provide operating instructions, including proper attainment of vehicle system vacuum (i.e., when to stop the extraction process), filter/desiccant replacement, and purging of noncondensable gases (air). Also to be included are any other necessary maintenance procedures, source information for replacement parts and, repair and safety precautions. 6.2.1 The manual shall identify the proper maintaining of hose and seals to prevent the addition of excess air, due to leaks, during the recovery process, which would increase the NCG level in the recovered refrigerant. 6.3 The equipment must prominently display the manufacturer’s name, address, the type of refrigerant it is designed to recycle, a service telephone number, and the part number for the replacement filter/drier. mstockstill on PROD1PC66 with RULES 7. Functional Description The ability of the equipment to meet the refrigerant recovery and recharge specifications of this section shall be determined by the test procedures of Section 10. 7.1 The equipment must be capable of continuous operation in ambient temperatures of 10 °C (50 °F) to 49 °C (120 °F). Continuous is defined as completing recovery/recycle and recharge (if applicable) operations with no more than a brief reset period between vehicles, and shall not include time delays for allowing a system to outgas (which shall be part of the recovery period provided by this standard). Continuous may include time out for an air purge if necessary, although it is understood that extended equipment-off time is preferred to allow NCG and refrigerant separation in the supply tank for optimum results. 7.1.1 The equipment shall be capable of removing a minimum of 95.0% of the refrigerant from the test system in 30 minutes or less, without external heating, or use of any device (such as shields, reflectors, special lights, etc.) which could heat components of the system. The recovery procedures shall be based on 21 to 24 °C (70 to 75 °F) ambient temperature. The test system for qualifying shall be a 1.4 kg (3.0 lbs) capacity orifice tube/accumulator system in a 2005 Chevrolet Suburban with front and rear A/C, or the test option described in 10.5, and shall be determined by accurately weighing the recovery machine with the resolution and accuracy of within 3 g (.006 VerDate Aug<31>2005 18:07 Nov 08, 2007 Jkt 214001 lb) in the range of the machine’s weight. The laboratory shall maintain records of the vehicle, including its VIN (vehicle identification number). 7.1.2 However, the preceding shall not preclude a brief period of engine operation at fast idle (up to 15 minutes, up to 2000 rpm) to circulate refrigerant and oil, and provide some engine and warm-up of A/C refrigeration components. The laboratory shall monitor coolant temperature per the vehicle engine coolant temperature sensor, and coolant temperature shall not be allowed to exceed 105 °C (221 °F). The time required shall not be included in the total time of 30 minutes set forth in 7.1.1. 7.1.3 The refrigerant that is recovered, following oil separation, shall be measured and the quantity displayed, accurate to within ±30 g (1.0 oz). The equipment must include a provision for checking the accuracy, per the requirements of 9.1. 7.2 During recovery operation, the equipment shall provide overfill protection to assure that the liquid fill of the storage container (which may be integral or external) does not exceed 80% of the tank’s rated volume at 21 °C per Department of Transportation (DOT) Standard, CFR Title 49, Section 173.304 and the American Society of Mechanical Engineers. 7.3 Portable refillable tanks or containers used in conjunction with this equipment must be labeled ‘‘HFC–134a (R–134a),’’ meet applicable Department of Transportation (DOT) or Underwriters Laboratories (UL) Standards, and shall incorporate fittings per SAE J2197. 7.3.1 The cylinder valve shall comply with the standard for cylinder valves, UL 1769. 7.3.2 The pressure relief device shall comply with the Pressure Relief Device Standard Part 1—Cylinders for Compressed Gases, CGA Pamphlet S–1.1. 7.3.3 The tank assembly shall be marked to indicate the first retest date, which shall be 5 years after the date of manufacture. The marking shall indicate that retest must be performed every subsequent 5 years. SAE J2296 provides an inspection procedure. The marking shall be in letters at least 6 mm (1⁄4 in) high. 7.3.4 ASME tanks as defined in UL–1963 may be used and are exempt from the retest requirements. 7.3.5 If the machine is designed for recharging, and the marketer permits use of a non-refillable refrigerant tank, the machine shall include a way to ensure refrigerant remaining in the tank (called the ‘‘heel’’) to no more than 2% of tank rated capacity when the tank is indicated to be empty. This may be done by the machine marketer as follows: • Specify a non-venting procedure, to minimize the amount of unused refrigerant remaining in the tank. The machine shall include any devices required for the procedure, other than ordinary service shop tools and supplies, and include in the operator’s manual, any instructions. • Provide an automatic or (with instructions in the operator’s manual) semiautomatic non-venting procedure with the machine. The laboratory shall test for the 2% capability. For testing purposes it may use a PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 refillable tank, minimum 15 lb capacity (6.8 kg) containing a minimum of 7.5 lbs (3.4 kg) refrigerant. The test is as follows: a. Weigh the tank at the start of the test, on a scale accurate to plus/minus 3 grams, to ensure it contains sufficient refrigerant. b. Operate the machine to remove refrigerant from the tank, charging into a holding container until the tank is indicated to be empty. Continue with the marketer’s recommended procedure for the 2% capability. c. Weigh the tank, on a scale accurate to plus/minus 3 grams. d. Using the recovery compressor and/or a vacuum pump, draw the tank into a vacuum of 9 to 10 inches Mercury (225 to 250 mm Mercury). The tank must hold that vacuum with a decay of less than 10% in 10 minutes. If vacuum decays 10% or more, the procedure shall be repeated as necessary to ensure the tank is empty. e. Weigh the tank on a scale accurate to plus/minus 3 grams. The difference in weight from Steps 3 to 5 shall be within 2% of the weight of the amount of refrigerant that is the tanks rated capacity. f. This test may be performed at the conclusion of testing in 10.4 or 10.5. If the machine passes or has passed all other testing in this standard, the marketer may make modifications in procedure and/or machine operation and retest once at a later date, within 90 days. If the machine fails the retest, the machine must be completely retested per this standard, or may be certified per the following alternative. The marketer of the machine may specify use of a nonrefillable refrigerant tank that provides for recycling and/or disposal of the residual refrigerant, in either case in a manner that does not vent. Or the marketer may exclude use of a one-way container, in the machine’s operating instructions. 7.4 All flexible hoses must comply with SAE J2196. 7.5 Service hoses must have shutoff devices located at the connection point to the system being serviced. Any hoses or lines connected to refrigerant containers on or in the machine also shall have shutoff devices at the connection points, so that the containers may be changed without loss of refrigerant. A tank that is a permanent installation is exempt from this requirement. 7.6 The equipment shall separate oil from the refrigerant, measure the amount accurate to 20 ml (0.7 oz.), so the technician has an accurate basis for adding oil to the system. 7.6.1 This statement shall be predominately identified in the equipment service manual. Note: Use only new lubricant to replace the amount removed during the recycling process. Used lubricant should be discarded per applicable federal, state and local requirements. 8. Testing This test procedure and its requirements are to be used to determine the ability of the recycling equipment to adequately recycle contaminated refrigerant. 8.1 The equipment shall be able to clean the contaminated refrigerant in § 8.3 to the purity level defined in SAE J2099. E:\FR\FM\09NOR1.SGM 09NOR1 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Rules and Regulations 8.3.1 The standard contaminated refrigerant shall consist of liquid HFC–134a with 1300 ppm (by weight) moisture (equivalent to saturation at 38 °C, 100 °F), 45000 ppm (by weight) HFC–134a compatible lubricant, and 1000 ppm (by weight) of noncondensable gases (air). 8.3.1.1 The HFC–134a compatible lubricant referred to in 8.3.1, shall be polyalkylene glycol (PAG), ISO 100 such as UCLN or PAG ISO 46–55, such as Idemitsu or equivalent, which shall contain no more than 1000 ppm by weight of moisture. 8.3.1.2 Although the test lubricant is a PAG, to conform to that used in the test vehicle system, the equipment manufacturer also shall ensure that it is compatible with polyol ester lubricant, such as ND 11 as used in electrically driven compressors in some hybrid vehicles. 8.4.1 The equipment must be preconditioned by processing 13.6 kg (30 lb) of the standard contaminated HFC–134a at an ambient of 21 to 24 °C (70 to 75 °F) before starting the test cycle. 1.13 kg (2.56 lb) samples are to be processed at 5 min intervals. The test fixture, depicted in Figure 1, shall be operated at 21 to 24 °C (70 to 75 °F). BILLING CODE 6560–50–C 8.5 8.7, 8.8, and 8.9. Note exception for noncondensable gas determination in 8.9.4. mstockstill on PROD1PC66 with RULES 8.3 Contaminated HFC–134a (R–134a) Sample 8.4.2 Following the preconditioning procedure per 8.4.1, 18.2 kg (40 lb) of standard contaminated HFC–134a are to be processed by the equipment. VerDate Aug<31>2005 18:07 Nov 08, 2007 Jkt 214001 Sample Requirements 8.5.1 Samples of the standard contaminated refrigerant from 8.3.1 shall be processed as required in 8.6 and shall be analyzed after said processing as defined in PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 8.4 Test Cycle BILLING CODE 6560–50–P 8.6 Equipment Operating Ambient 8.6.1 The HFC–134a is to be cleaned to the purity level, as defined in SAE J2099, with the equipment operating in a stable E:\FR\FM\09NOR1.SGM 09NOR1 ER09NO07.001</GPH> 8.2 The equipment shall be operated in accordance with the manufacturer’s operating instructions. 63497 63498 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Rules and Regulations ambient of 10, 21, and 49 °C (50, 70 and 120 °F) while processing the samples as defined in 8.4. 8.7 Quantitative Determination of Moisture 8.7.1 The recycled liquid phase sample of HFC–134a shall be analyzed for moisture content via Karl Fischer coulometric titration, or an equivalent method. The Karl Fischer apparatus is an instrument for precise determination of small amounts of water dissolved in liquid and/or gas samples. 8.7.2 In conducting this test, a weighed sample of 30 to 130 g is vaporized directly into the Karl Fischer anolyte. A coulometric titration is conducted and the results are reported as parts per million moisture (weight). 8.8 Determination of Percent Lubricant 8.8.1 The amount of lubricant in the recycled HFC–134a sample shall be determined via gravimetric analysis. The methodology must account for the hygroscopicity of the lubricant. 8.8.2 Following venting of noncondensable gases in accordance with the manufacturer’s operating instructions, the refrigerant container shall be shaken for 5 min prior to extracting samples for testing. 8.8.3 A weighed sample of 175 to 225 g of liquid HFC–134a is allowed to evaporate at room temperature. The percent lubricant is calculated from weights of the original sample and the residue remaining after evaporation. 8.9 Noncondensable Gases—Testing for Amount 8.9.1 The amount of noncondensable gases shall be determined by gas chromatography. A sample of vaporized refrigerant liquid shall be separated and analyzed by gas chromatography. A Porapak Q column at 130 °C (266 °F) and a hot wire detector may be used for the analysis. 8.9.2 This test shall be conducted on liquid phase samples of recycled refrigerant taken from a full container as defined in 7.2 within 30 min following the proper venting of noncondensable gases. 8.9.3 The liquid phase samples in 8.9.2 shall be vaporized completely prior to gas chromatographic analysis. 8.9.4 This test shall be conducted at 10 and 49 °C (50 and 120 °F) and may be performed in conjunction with the testing defined in 8.6. The equipment shall process at least 13.6 kg (30 lb) of standard contaminated refrigerant for this test. 8.9.5 The equipment shall be capable of charging refrigerant into systems with various lubrication types and shall deliver less than 1% by weight residual oil during system charge if the machine permits oil charging with refrigerant (due to residual oil in the service hoses and recovery unit refrigerant circuit from prior recovery, diagnostics and oil injection. This shall be determined during SAE J2099 testing.) mstockstill on PROD1PC66 with RULES 9. Recharging the System 9.1 It is the responsibility of the equipment manufacturer to ensure that the vacuum removal performance leaves the system 98% free of NCGs before recharging, following recovery and recycle under the provisions of this document. VerDate Aug<31>2005 18:07 Nov 08, 2007 Jkt 214001 The equipment must be capable of both indicating and recharging the system to within 15 g (0.50 oz) of vehicle manufacturer’s specifications. The laboratory shall test for this capability by choosing a charge amount that is within the range of the vehicle manufacturer’s specifications. The equipment must indicate and charge the system with that chosen amount, within ±15 g (0.5 oz). Example: If 500 g is chosen, the actual and indicated charge must be 485 to 515 g, with any difference between actual and indicated charge within the laboratory scale accuracy requirements of this standard. If a scale is used in the machine, the equipment manufacturer shall provide a method or service for the technician to check scale accuracy, and include any necessary accuracy-checking device (such as a calibration weight(s)) with the machine. If a mass flow system is used for charge determination, it must maintain accuracy equal to the 15 g (0.50 oz) specification. The equipment manufacturer shall provide a method for checking accuracy and include any necessary accuracy testing device(s) with the machine. If the accuracy testing device(s) for a scale or mass flow machine includes a consumable, the manufacturer shall include a quantity of replacement or refill devices for five years of periodic testing as recommended. 9.2 If any other system is used for charge determination, such as a positive displacement pump, the equipment manufacturer shall provide a method and any needed device(s) to check accuracy that is/ are appropriate for its method of operation, including any temperature-compensating trim if used. 10. Equipment Test Procedure by Laboratory for Recovery/Recycling and Recovery/ Recycling/Recharging Machines 10.1 Preliminary: Ambient (in shop) temperature shall be 21 to 24 °C (70 to 75 °F). Test vehicle shall be ‘‘overnight cold’’ (not run for at least eight hours). 10.2 The machine must have a selfcontained provision for checking accuracy of the indicated amount of refrigerant recovered in liquid or vapor or mixture form(s) from a vehicle system and (if applicable) charged into a vehicle, and adjusting if necessary, to meet requirements of 9.1, 9.2. Therefore: If the machine uses a scale for that purpose, check the accuracy of that scale and make any adjustment if necessary. If an alternative method of measuring refrigerant is used, follow the equipment manufacturer’s procedure for ensuring accuracy. Next, move the machine, such as by rolling it, along the floor, a minimum of 20 feet (6.1 meters) within 10 seconds. Follow with the test procedure in 10.3, then 10.4 or 10.5. 10.3 Test Procedure If desired, this test procedure may be preceded by engine/system operation for up to 15 minutes, up to 2000 rpm. 1. You must start with an empty system, using this method: (a) Operate machine to recover refrigerant, per equipment manufacturer’s instructions. (b) Deepvacuum system to a minimum of 710 mm (28 in) of mercury. (c) Monitor vacuum for decay, PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 checking every 20 minutes. If decay exceeds 75 mm (3 in), deep vacuum the system again. When system holds 710 mm (28 in) +0/-75 mm (3 in) of mercury vacuum for three hours, it is considered empty. 2. Place machine on a platform scale with the capacity to weigh the recovery/recycle/ recharge machine, and with the resolution and accuracy of within ±3 g (.006 lb) in the range of the machine’s weight. Weight should include the machine’s service hoses draped over the machine, and with the machine’s oil reservoir removed. If necessary to add oil to vehicle system as a result of a system operation preparatory to the recovery process, inject the needed quantity through the service valve at this time. 3. Record weight of machine in as weight A. 4. Reconnect service hoses to the test vehicle. 5. Follow the equipment manufacturer’s specified procedure for charging the vehicle manufacturer’s recommended amount of refrigerant into the system. Note: if this does not apply to the machine under test, i.e. a recovery/recycling only machine, the use of charging equipment that meets this standard and the platform scale shall be used to verify the accuracy of the charge. 6. Disconnect the service hoses from the test vehicle and drape them on the machine. Check and record the weight of the machine. Record this weight as weight B. The difference between weight A and weight B should be equal to the recommended charge that was installed per the machine’s display, within 15 g (0.5 oz). If the difference is greater than 15 g (±3 g), the machine fails the charge accuracy test, and no other tests shall be performed at that time. The manufacturer must document changes made to improve accuracy and furnish them to the laboratory prior to a new test. Exception: If the maximum deviation is no more than a total of 20 g, the calibration of the scale or other measuring system may be rechecked and readjusted once, and the entire test repeated just once. 10.4 Recovery Test Using a Vehicle 1. Following a successful system charge, the system and engine shall be run for 15 minutes at 2000 rpm to circulate oil and refrigerant, following which engine and system shall rest for eight hours. Then the laboratory may begin the recovery test. If the machine manufacturer specifies, operate the engine/system for up to 15 minutes, at up to 2000 rpm, then shut off engine/system. 2. If the machine has an automatic air purge, disable it. Check the weight of the machine with the platform scale (service hoses draped over machine, oil reservoir removed). Record the number as Weight C. Reinstall oil reservoir if it had been removed in the recovery procedure. 3. Start timer. Connect service hoses to system of test vehicle and perform recovery per the equipment manufacturer’s instructions. The vehicle system service valves’ cores must remain in the fittings for this procedure. 4. When recovery is completed, including from service hoses if that is part of the recommended procedure, disconnect hoses and drape over machine. Stop timer. The E:\FR\FM\09NOR1.SGM 09NOR1 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Rules and Regulations elapsed time shall be 30.0 minutes or less. If it is in excess of this time, the machine fails the test and no retest is allowed. The manufacturer must document changes made to the machine to improve its performance before a new test is allowed, and furnish them to the laboratory. 5. If the recovery is completed in no more than the 30.0 minutes, measure the oil level in the reservoir, remove the reservoir and then determine the amount of refrigerant recovered, as detailed in Nos. 6 and 7: As measured by the machine and also by noting the weight of the platform scale, which shall be recorded as Weight D. 6. The platform scale shall indicate that a minimum of 95% of the amount charged into the system has been recovered. If the platform scale indicates a lower percentage has been recovered, the machine fails the recovery test. 7. The machine display shall indicate that a minimum of 95.0% of the amount charged into the system has been recovered, within a tolerance of ±30 g (1 oz) when compared with the platform scale (Weight D minus Weight C). The 30 g (1 oz) tolerance may produce a machine display reading that is below the 95.0% recovery. If a greater difference between machine and platform scale occurs, the machine fails the recovery test. mstockstill on PROD1PC66 with RULES 10.5 Recovery Test Fixture Test Option If an equipment manufacturer chooses, as an alternative to the actual vehicle, it may certify to SAE J2788 with a laboratory fixture that is composed entirely of all the original equipment parts of a single model year for the 3.0 lb capacity front/rear A/C system in the 2005–07 Chevrolet Suburban. All parts must be those OE-specified for one model year system and no parts may be eliminated or bypassed from the chosen system, or reproduced by a non-OE source. No parts may be added and/or relocated from the OE position in the 2005–07 Suburban. No parts may be modified in any way that could affect system performance for testing under this standard, except adding refrigerant line bends and/or loops to make the system more compact. Reducing the total length of the lines, however, is not permitted. The fixture system shall be powered by an electric motor, run at a speed not to exceed 2000 rpm, and for this test option, no system warm-up or equivalent procedure may be used. The certifying laboratory shall maintain records of all parts purchased, including invoices and payments. The assembly of the parts shall, as an outside-the-vehicle package, duplicate the OE system and its routing, including bends, except for permitted additions of bends and/or loops in refrigerant lines. Aside from the absence of engine operation and the limitations posed by the standard and the use of the electric motor, the test shall otherwise be the same as the test on the Suburban, including test temperature. [FR Doc. E7–21943 Filed 11–8–07; 8:45 am] BILLING CODE 6560–50–P VerDate Aug<31>2005 18:07 Nov 08, 2007 Jkt 214001 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 27 Amendment of Commission Rules— Competitive Bidding Order; Correction Federal Communications Commission, Wireless Telecommunication Bureau. ACTION: Correcting amendments. AGENCY: SUMMARY: The Wireless Telecommunications Bureau of the Federal Communications Commission is correcting a final rule that appeared in the Federal Register of Tuesday, July 9, 2002 (67 FR 45362). That final rule inadvertently removed provisions of § 27.502 of the Federal Communication Commission’s rules, regarding bidding credit percentages for eligible designated entities bidding on licenses in the 746–764 MHz and 776–794 MHz Bands. This document corrects the final regulations by restoring the substance of the removed provisions. DATES: Effective on November 9, 2007. FOR FURTHER INFORMATION CONTACT: Erik Salovaara, 202–418–7582. SUPPLEMENTARY INFORMATION: This is a summary of the Wireless Telecommunications Bureau Erratum, DA 07–4378, released on October 24, 2007. The Order that is the subject of these correcting amendments served to eliminate redundant or unnecessary rules from the Code of Federal Regulations. The Order amended the Commission’s rules on competitive bidding to further the Bureau’s continuing efforts to streamline its procedures in accordance with the Commission’s biennial regulatory review obligations set forth at section 11(a) of the Communications Act of 1934, as amended. As published, the amended 47 CFR 27.502, which renumbered original § 27.502(a)(6) as § 27.502(c), inadvertently omitted the substance of the original § 27.502(c), regarding bidding credit percentages. Subsequently, the Commission removed the new § 27.502(c). This correction restores the original § 27.502(c) as § 27.502(b), and renumbers the remaining paragraphs of § 27.502 (i.e., the current paragraphs (a) and (b)) as §§ 27.502(a)(1) and 27.502(a)(2). In addition, the Commission take this opportunity to update cross-references to 47 CFR 1.2110(e)(2)(ii) and 1.2110(e)(2)(iii) appearing in the original 47 CFR 27.502(c) to reflect the Frm 00055 Fmt 4700 intervening renumbering of the crossreferenced material as 47 CFR 1.2110(f)(2)(ii) and 1.2110(f)(2)(iii). List of Subjects in 47 CFR Part 27 [DA 07–4378] PO 00000 63499 Sfmt 4700 Communications common carriers, Radio. Accordingly, 47 CFR part 27 is corrected by making the following correcting amendments: I PART 27—MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES 1. The authority citation for part 27 continues to read as follows: I Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 336 and 337 unless otherwise noted. I 2. Revise § 27.502 to read as follows: § 27.502 Designated entities. Eligibility for small business provisions: (a)(1) A small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $40 million for the preceding three years. (2) A very small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $15 million for the preceding three years. (b) Bidding credits. A winning bidder that qualifies as a small business or a consortium of small businesses as defined in this section may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter. A winning bidder that qualifies as a very small business or a consortium of very small businesses as defined in this section may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter. Federal Communications Commission. Gary D. Michaels, Deputy Chief, Auctions and Spectrum Access Division, WTB. [FR Doc. E7–22046 Filed 11–8–07; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\09NOR1.SGM 09NOR1

Agencies

[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Rules and Regulations]
[Pages 63490-63499]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21943]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2006-5065; FRL-8493-5]
RIN 2060-AO32


Protection of Stratospheric Ozone: Revision of Refrigerant 
Recovery and Recycling Equipment Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action on motor vehicle refrigerant recovery and recycling 
equipment standards. Under Clean Air Act Section 609, motor vehicle 
air-conditioning (MVAC) refrigerant handling equipment must be 
certified by the Administrator or an independent organization approved 
by the Administrator and, at a minimum, must be as stringent as the 
standards of the Society of Automotive Engineers (SAE) that are in 
effect as of the date of the enactment of the Clean Air Act Amendments 
of 1990. In 1997, EPA promulgated regulations that required the use of 
SAE Standard J2210, HFC-134a Recycling Equipment for Mobile Air 
Conditioning Systems for certification of MVAC refrigerant handling 
equipment. SAE has replaced Standard J2210 with J2788, Recovery/Recycle 
and Recovery/Recycle/Recharging Equipment for HFC-134a Refrigerant. To 
avoid confusion with an outdated reference, EPA is updating its 
reference to the new SAE standards. This action reflects a change in 
industry standard practice. This action also revises the EPA addresses 
to send equipment certification forms.

DATES: This rule is effective on December 31, 2007 without further 
notice, unless EPA receives adverse comment or a request for public 
hearing by December 10, 2007. If we receive adverse comment or a 
request for a public hearing, we will publish a timely withdrawal in 
the Federal Register informing the public that some or all of the 
amendments in this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-5065, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-Docket@epa.gov.
     Fax: 202-566-1741.
     Mail: Environmental Protection Agency, Mailcode 6102T, EPA 
Docket

[[Page 63491]]

Center (EPA/DC), 1200 Pennsylvania Avenue, NW., Washington, DC 20460
     Hand Delivery: Public Reading Room, Room B102, EPA West 
Building, 1301 Constitution Avenue, NW., Washington, DC.
    Such deliveries are only accepted during the Docket's normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-5065. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA 
West, Room 3334, 1301 Constitution Ave., 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 telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Air 
Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Karen Thundiyil, Stratospheric 
Protection Division, Office of Atmospheric Programs (MC 6205J), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 343-9464; fax number: 
(202) 343-2363; e-mail address: thundiyil.karen@epa.gov.

SUPPLEMENTARY INFORMATION: EPA is publishing this rule without a prior 
proposed rule because we view this as a noncontroversial action and 
anticipate no adverse comment because this action is primarily 
administrative in nature. However, in the ``Proposed Rules'' section of 
today's Federal Register, we are publishing a separate document that 
will serve as the proposed rule to update EPA's reference to an 
obsolete SAE standard, if adverse comments or a request for public 
hearing are received on this direct final rule. We will not institute a 
second comment period on this action. Any parties interested in 
commenting must do so at this time. For further information about 
commenting on this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment or a request for a public hearing, 
we will publish a timely withdrawal in the Federal Register informing 
the public that this direct final rule will not take effect. We would 
address all public comments in any subsequent final rule based on the 
proposed rule.
    Existing regulations covering specifications for motor vehicle air 
conditioning (MVAC) refrigerant handling equipment reference Society of 
Automotive Engineers (SAE) standards that have become outdated because 
the SAE has issued new updated standards. This action will update 
existing regulations to reference newly updated SAE standards. This 
regulatory action is primarily administrative with no significant 
policy issues.
    Section 609 of the Clean Air Act requires that EPA regulations be 
at least as stringent as SAE J1990 standard. J1990 describes 
refrigerant handling equipment for CFC-12 refrigerant. Since Section 
609's conception, the MVAC sector has transitioned from CFC-12, an 
ozone depleting substance, to HFC-134a, a non-ozone depleting 
substance. Now HFC-134a is the predominant refrigerant in MVACs in the 
United States and around the world. At the start of the transition from 
CFC-12 to HFC-134a, more than 13 years ago, SAE developed standard 
J2210 on HFC-134a refrigerant handling equipment. J2210 described 
standards for HFC-134a refrigerant recovery and recycling machines. At 
the time of transition from CFC-12 to HFC-134a, EPA adopted J2210. Now, 
SAE has updated the standard on HFC-134a refrigerant handling equipment 
from J2210 to J2788. This action updates EPA's reference to SAE's new 
HFC-134a refrigerant handling equipment standards (J2788 in Appendix C 
to Subpart B of Part 82 in the Code of Federal Regulations).

I. Background

A. Statutory Authority

    Title VI of the Clean Air Act (Act) is designed to protect the 
stratospheric ozone layer. Section 609 of the Act requires the 
Administrator to promulgate regulations establishing standards and 
requirements regarding the servicing of MVACs. The Act requires that 
the Administrator establish standards for using MVAC refrigerant 
handling equipment that shall be at least as stringent as the 
applicable standards of SAE in effect as of the date of enactment 
(November 15, 1990).

B. EPA Section 609 Equipment Certification Program

    EPA requires that any person repairing or servicing MVACs shall 
certify to EPA that such person has acquired approved refrigerant 
handling equipment. An independent standards testing organization, 
approved by EPA, certifies equipment as meeting the MVAC refrigerant 
handling equipment standards. At this time, Intertek/ETL and 
Underwriters Laboratories Inc. (UL) have been approved by EPA to 
certify MVAC refrigerant handling equipment.

C. SAE Industry Standards

    EPA refers to the SAE J standards for technical specifications 
related to MVAC servicing issues. SAE's standards are developed through 
international participation and cooperation of MVAC experts from motor 
vehicle manufacturers, MVAC suppliers, chemical manufacturers, 
refrigerant handling equipment manufacturers and other interested 
industry stakeholders. SAE standards are internationally recognized, 
adopted and referenced by all major motor vehicle manufacturers and 
their suppliers. SAE periodically updates their standards to reflect 
changes in industry best practices and/or technology improvements.

II. New Industry Practice and Updated SAE Standard

    Test results from the SAE Improved Mobile Air Conditioning 
Cooperative

[[Page 63492]]

Research Project, an MVAC industry sponsored research project, 
indicated that equipment designed to meet SAE standards J2210 did not 
recover refrigerant from MVAC systems as well as was previously assumed 
(Docket No. EPA-HQ-OAR-2006-0428-0001). As much as 30% of refrigerant 
remained in an MVAC system when J2210 recovery equipment indicated all 
refrigerant had been recovered. MVAC service technicians rely on 
complete refrigerant recovery to refill MVAC systems according to the 
motor vehicle manufacturer specification. In light of sub-standard 
recovery performance, SAE revised their standards to include 
performance standards that ensure an improved standard of refrigerant 
recovery and recharge. SAE replaced standard J2210 with standard J2788 
in October 2006. J2788 encompasses all of J2210, adds standards on 
recharging of MVAC systems, and adds performance standards to improve 
equipment refrigerant recovery performance. Specifically, J2788 sets a 
recharge accuracy standard of 0.5 ounces and requires 95% recovery of 
refrigerant from an MVAC system.
    With this action, EPA is updating its reference to the SAE 
standards at Sec.  82.36. SAE J2210 will no longer exist effective 
December 2007, and will be superseded by J2788. In Section 82.36, 
Approved refrigerant recycling equipment, EPA is updating the reference 
from J2210 to J2788, for recovery/recycling equipment and for recovery/
recycling/recharging equipment. In addition, for purposes of clarity, 
EPA is adding a clause to Section 82.34 (Prohibitions and required 
practices), which specifies that equipment manufactured or imported 
must meet the SAE standards. By updating our reference to SAE's new 
standard J2788, the Agency avoids confusion on the part of the 
refrigerant handling equipment manufacturer, service technician or A/C 
service shop owner who would otherwise face a federal requirement that 
referenced an obsolete standard that conflicts with the new industry 
standard practice established with J2788.
    Currently the regulations under Sec.  82.36 (Approved refrigerant 
recycling equipment) envisage more than just refrigerant recycling and 
include refrigerant recovery. Therefore, to more accurately reflect the 
provisions outlined in that section, EPA is revising the title of Sec.  
82.36 from ``Approved refrigerant recycling equipment'' to ``Approved 
refrigerant handling equipment.''
    While this action updates EPA's reference to SAE's new J2788 
standard, it does not require an immediate replacement of previously 
certified MVAC recovery and recovery/recycling equipment with new J2788 
equipment. Rather, all new MVAC refrigerant handling equipment 
manufactured after December 31, 2007 must be certified to J2788. 
Equipment manufactured after December 31, 2007 that is certified to 
J2210 will not satisfy EPA requirements and cannot be manufactured or 
imported. See Section III below for a discussion on existing inventory 
of equipment certified to J2210.
    A/C service shop owners or technicians may decide to accelerate 
plans to replace old J2210 equipment with the new J2788 equipment 
standard because of the expected refrigerant savings that translate 
into a cost savings. According to the January 2007 Mobile Air 
Conditioning Society Worldwide (MACS) Service Report (Docket No. EPA-
HQ-OAR-2006-0428-0003), the new J2788 equipment will result in a 30 to 
50% refrigerant savings because the equipment will recover more 
refrigerant from an MVAC system. Recovered refrigerant can be recycled 
for future use, rather than buying new refrigerant product.

III. Effective Date

    MVAC recovery/recycling equipment and MVAC recovery/recycling/
recharging equipment manufactured or imported after December 31, 2007 
must be certified by an EPA-approved independent standards testing 
organization to meet the specifications of Appendix C of 40 Code of 
Federal Regulations, Part 82, Subpart B. As explained above, Appendix C 
will now require that such equipment be certified under SAE's updated 
standard J2788. EPA expects that this date provides sufficient time for 
production facilities and distributors to transition to the new SAE 
standards and sell most if not all of their inventory of J2210 
equipment, since SAE released the new J2788 standard in October 2006. 
EPA will allow sales of J2210 equipment stock manufactured before 
January 1, 2008. Although certification of new equipment under SAE 
standard J2788 becomes effective for equipment manufactured or imported 
after December 31, 2007, EPA suggests that equipment manufacturers 
transition to the new equipment standard as soon as feasible.

IV. Revision to Equipment Certification Mailing Address

    EPA Regional Offices maintain the MVAC refrigerant handling 
equipment certification forms sent by equipment owners, but the current 
regulations require equipment purchasers to mail the form to EPA 
Headquarters. EPA Headquarters then must fax or mail every equipment 
certification to the appropriate region, based on the equipment owner's 
place of business. To streamline this process, EPA is amending Sec.  
82.42 so that equipment owners may send their certification forms 
directly to the appropriate EPA region.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The recordkeeping and reporting requirements included in this action 
are already included in an existing information collection burden. This 
action does not make any changes that would affect burden. However, the 
Office of Management and Budget (OMB) has previously approved the 
information collection requirements contained in the existing 
regulations, 40 CFR part 82, under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control 
number 2060-0247, EPA ICR number 1617.05. A copy of the OMB approved 
Information Collection Request (ICR) may be obtained from Susan Auby, 
Collection Strategies Division; U.S. Environmental Protection Agency 
(2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by 
calling (202) 566-1672. A copy may also BE downloaded from http://
www.regulations.gov.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of

[[Page 63493]]

information; and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions. For purposes of assessing the impacts of 
today's rule on small entities, small entity is defined as: (1) A small 
business as defined by the Small Business Administration's (SBA) 
regulations at 13 CFR 121.201; (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district or 
special district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's rule on small 
entities, we certify that this action will not have a significant 
economic impact on a substantial number of small entities. As MVAC 
service shop owners replace end-of-life refrigerant handling equipment, 
owners will purchase equipment certified to the new SAE standard.

 D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any one year. Today's rule does not affect State, local, or 
tribal governments. The impact of this rule on the private sector will 
be less than $100 million per year. Thus, today's rule is not subject 
to the requirements of sections 202 and 205 of the UMRA. EPA has 
determined that this rule contains no regulatory requirements that 
might significantly or uniquely affect small governments. These changes 
being made by this action are to update EPA's reference to the new SAE 
standards.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. The changes being made by this 
action are to update EPA's reference to the new SAE standards. Thus, 
Executive Order 13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This final rule does not have 
tribal implications, as specified in Executive Order 13175. It does not 
significantly or uniquely affect the communities of Indian tribal 
governments, because this regulation applies directly to facilities 
that use these substances and not to governmental entities. Thus, 
Executive Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This rule is not subject to 
Executive Order 13045 because it is based on technology performance and 
not on health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect

[[Page 63494]]

Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)) 
because it is not a significant regulatory action under Executive Order 
12866.

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, Section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law 
104-113, Section 12(d) (15 U.S.C. 272 note) directs EPA to use 
voluntary consensus standards in regulatory activities unless to do so 
would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus 
standards bodies. The NTTAA directs EPA to provide Congress, through 
OMB, explanations when the Agency decides not to use available and 
applicable voluntary consensus standards. This rulemaking explicitly 
references technical standards; EPA uses the SAE revision versions of 
J2210. These standards can be obtained from http://www.sae.org/
technical/standards/.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A Major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective December 31, 2007.

List of Subjects in 40 CFR Part 82

    Environmental protection, Motor vehicle air-conditioning, Recover/
recycle equipment, Recover/recycle/recharge equipment, Reporting and 
certification requirements, Stratospheric ozone layer.

    Dated: November 2, 2007.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, 40 CFR Part 82 is amended as 
follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671q.

Subpart B--Servicing of Motor Vehicle Air Conditioners

0
2. Section 82.34 is amended by adding a new paragraph (e) to read as 
follows:


Sec.  82.34  Prohibitions and required practices.

* * * * *
    (e) Refrigerant handling equipment manufactured or imported for use 
during the maintenance, service or repair of MVACs for consideration 
cannot be introduced into interstate commerce unless meeting the 
requirements of Sec.  82.36.

0
3. Section 82.36 is amended by revising the section heading and 
paragraph (a)(4) to read as follows:


Sec.  82.36  Approved refrigerant handling equipment.

    (a) * * *
    (4) Effective January 1, 2008, equipment that recovers and recycles 
HFC-134a refrigerant and equipment that recovers and recycles HFC-134a 
refrigerant and recharges systems with HFC-134a refrigerant must meet 
the standards set forth in Appendix C of this subpart based upon 
J2788--HFC-134a (R-134a) Recovery/Recycling Equipment and Recovery/
Recycling/Recharging for Mobile Air-Conditioning Systems.
* * * * *

0
4. Section 82.42 is amended by revising paragraph (a)(1)(iii) to read 
as follows:


Sec.  82.42  Certification, recordkeeping and public notification 
requirements.

    (a) * * *
    (1) * * *
    (iii) The manufacturer name and equipment model number, the date of 
manufacture, and the serial number of the equipment. The certification 
must also include a statement that the equipment will be properly used 
in servicing motor vehicle air conditioners, that each individual 
authorized by the purchaser to perform service is properly trained and 
certified in accordance with Sec.  82.40, and that the information 
given is true and correct.
    (A) Owners or lessees of recycling or recovery equipment having 
their places of business in Connecticut, Maine, Massachusetts, New 
Hampshire, Rhode Island, Vermont must send their certifications to: CAA 
section 609 Enforcement Contact; EPA Region I; Mail Code SEA; JFK 
Federal Building; One Congress Street, Suite 1100; Boston, MA 02114-
2023.
    (B) Owners or lessees of recycling or recovery equipment having 
their places of business in New York, New Jersey, Puerto Rico, Virgin 
Islands must send their certifications to: CAA section 609 Enforcement 
Contact; EPA Region II (2DECA-AC); 290 Broadway, 21st Floor; New York, 
NY 10007-1866.
    (C) Owners or lessees of recycling or recovery equipment having 
their places of business in Delaware, District of Columbia, Maryland, 
Pennsylvania, Virginia, West Virginia must send their certifications 
to: CAA section 609 Enforcement Contact; EPA Region III--Wheeling 
Operations Office; Mail Code 3AP12; 303 Methodist Building; 11th and 
Chapline Streets; Wheeling, WV 26003.
    (D) Owners or lessees of recycling or recovery equipment having 
their places of business in Alabama, Florida, Georgia, Kentucky, 
Mississippi, North Carolina, South Carolina, Tennessee must send their 
certifications to: CAA section 609 Enforcement Contact; EPA Region IV 
(APT-AE); Atlanta Federal Center; 61 Forsyth Street, SW.; Atlanta, GA 
30303.
    (E) Owners or lessees of recycling or recovery equipment having 
their places of business in Illinois, Indiana, Michigan, Minnesota, 
Ohio, Wisconsin must send their certifications to: CAA section 609 
Enforcement Contact, EPA Region V (AE17J); 77 West Jackson Blvd.; 
Chicago, IL 60604-3507.
    (F) Owners or lessees of recycling or recovery equipment having 
their places of business in Arkansas, Louisiana, New Mexico, Oklahoma, 
Texas must send their certifications to: CAA section 609 Enforcement 
Contact; EPA Region VI (6EN-AA); 1445 Ross Avenue, Suite 1200; Dallas, 
Texas 75202.
    (G) Owners or lessees of recycling or recovery equipment having 
their places of business in Iowa, Kansas, Missouri, Nebraska must send 
their certifications to: CAA section 609 Enforcement Contact; EPA 
Region VII; Mail Code APCO/ARTD; 901 North 5th Street; Kansas City, KS 
66101.
    (H) Owners or lessees of recycling or recovery equipment having 
their places of business in Colorado, Montana, North Dakota, South 
Dakota, Utah, Wyoming

[[Page 63495]]

must send their certifications to: CAA section 609 Enforcement Contact, 
EPA Region VIII, Mail Code 8ENF-T, 999 18th Street, Suite 500, Denver, 
CO 80202-2466.
    (I) Owners or lessees of recycling or recovery equipment having 
their places of business in American Samoa, Arizona, California, Guam, 
Hawaii, Nevada must send their certifications to: CAA section 609 
Enforcement Contact; EPA Region IX; Mail Code AIR-5; 75 Hawthorne 
Street; San Francisco, CA 94105.
    (J) Owners or lessees of recycling or recovery equipment having 
their places of business in Alaska, Idaho, Oregon, Washington must send 
their certifications to: CAA section 609 Enforcement Contact; EPA 
Region X (OAQ-107); 1200 Sixth Avenue; Seattle, WA 98101.
* * * * *

Subpart B--Servicing of Motor Vehicle Air Conditioners

0
5. Appendix C to Subpart B is revised to read as follows:

Appendix C to Subpart B of Part 82--SAE J2788 Standard for Recovery/
Recycle and Recovery/Recycle/Recharging Equipment for HFC-134a 
Refrigerant

Foreword

    This Appendix establishes the specific minimum equipment 
requirements for the recovery/recycling of HFC-134a that has been 
directly removed from, and is intended for reuse in, mobile air-
conditioning systems and recovery/recycling and system recharging of 
recycled, reclaimed or virgin HFC-134a. Establishing such 
specifications will ensure that system operation with recycled HFC-
134a will provide the same level of performance and durability as 
new refrigerant.

1. Scope

    The purpose of this SAE Standard is to establish the specific 
minimum equipment performance requirements for recovery and 
recycling of HFC-134a that has been directly removed from, and is 
intended for reuse in, mobile air-conditioning (A/C) systems. It 
also is intended to establish requirements for equipment used to 
recharge HFC-134a to an accuracy level that meets Section 9 of this 
document and SAE J2099. The requirements apply to the following 
types of service equipment and their specific applications.
    a. Recovery/Recycling Equipment,
    b. Recovery/Recycling--Refrigerant Charging,
    c. Refrigerant Recharging Equipment Only.
    1.1 Improved refrigerant recovery equipment is required to 
ensure adequate refrigerant recovery to reduce emissions and provide 
for accurate recharging of mobile air conditioning systems. 
Therefore, 12 months following the publication date of this 
standard, requirements in this standard supplements and supersedes, 
SAE J2210.

2. References

2.1 Applicable Publications

    The following publications form a part of this specification to 
the extent specified herein. Unless otherwise indicated, the latest 
issue of SAE publications shall apply.

2.1.1 SAE Publications

    Available from SAE, 400 Commonwealth Drive, Warrendale, PA 
15096-0001, Tel: 877-606-7323 (inside USA and Canada) or 724-776-
4970 (outside USA), www.sae.org.

SAE J2099 Standard of Purity for Recycled HFC-134a (R-134a) for Use in 
Mobile Air-Conditioning Systems

SAE J2196 Service Hoses for Automotive Air-Conditioning

SAE J2197 Service Hose Fittings for Automotive Air-Conditioning

SAE J2296 Retest of Refrigerant Container

2.1.2 CGA Publications

    Available from CGA, 4221 Walney Road, 5th Floor, Chantilly VA 
20151-2923, Tel: 703-788-2700, http://www.cganet.com.

CGA Pamphlet S-1.1 Pressure Relief Device Standard Part 1--Cylinders 
for Compressed Gases 2.1.3 DOT Publications

    Available from the Superintendent of Documents, U.S. Government 
Printing Office, Mail Stop: SSOP, Washington, DC 20402-9320.

OT Standard, CFR Title 49, Section 173.304 Shippers--General 
Requirements for Shipments and Packagings

2.1.4 UL Publications

    Available from Underwriters Laboratories Inc., 333 Pfingsten 
Road, Northbrook, IL 60062-2096, Tel: 847-272-8800, http://
www.ul.com.

UL 1769 Cylinder Valves

UL 1963 Refrigerant Recovery/Recycling Equipment

3. Specification and General Description

    3.1 The equipment must be able to remove and process HFC-134a 
(R-134a) from mobile A/C systems to the purity level specified in 
SAE J2099.
    3.2 The equipment shall be suitable for use in an automotive 
service garage environment and be capable of continuous operation in 
ambients from 10 [deg]C to 49 [deg]C (50 [deg]F to 120 [deg]F). If 
it is designed to recharge a system, and it uses a scale for this 
purpose, the scale must demonstrate the ability to maintain accuracy 
per the test in 10.2.
    3.3 The equipment must be certified that it meets this 
specification by an EPA listed certifying laboratory.
    3.4 The equipment shall have a label, which states, ``Certified 
by (Certifying Agent) to Meet SAE J2788 superseding SAE J2210'' in 
bold-type letters a minimum of 3 mm (\1/8\ in) in height.

4. Refrigerant Recycling Equipment Requirements

4.1 Moisture and Acid

    The equipment shall incorporate a desiccant package that must be 
replaced before saturation with moisture, and whose mineral acid 
capacity is at least 5% by weight of the dry desiccant.
    4.1.1 The equipment shall be provided with a means of indicating 
when the filter desiccant moisture capacity has reached the 
allowable limit and desiccant replacement is required. This may 
include a reliable means of detecting moisture level or an algorithm 
based on the amount refrigerant recovered. The user must be clearly 
alerted to replace the filter prior to the full saturation. Warnings 
shall be displayed on screens and (printed on printouts where 
applicable). The warnings must explain that the machine is 
approaching the end of filter life. The manufacturer must 
incorporate a lockout when the end of filter life is reached.
    4.1.2 The manufacturer shall use an identification system to 
ensure that a new filter has been installed to reset the machine for 
operation.

4.2 Filter

    The equipment shall incorporate an in-line filter that will trap 
particulates of 15 micron spherical diameter or greater.

4.3 Scale (if used)

    The scale must maintain accuracy when moved, as per the test in 
Section 10.

4.4 Purging Noncondensable Gases

    4.4.1 The equipment shall automatically purge noncondensables 
(NCGs), which are primarily air, if the acceptable level is 
exceeded. NCG removal must be part of the normal operation of the 
equipment and instructions must be provided to enable the task to be 
accomplished within 30 min (to reach the refrigerant purity level 
specified in SAE J2099).
    4.4.2 Refrigerant loss from noncondensable gas purging during 
the testing described in Section 8 shall be minimized by a method 
that initiates a purge when the machine has not been in use for a 
period long enough for air-refrigerant separation in the tank to 
have occurred.

4.5 Recharging and Transfer of Recycled Refrigerant

    Recycled refrigerant for recharging and transfer shall be taken 
from the liquid phase only.

5. Safety Requirements

    5.1 The equipment must comply with applicable federal, state, 
and local requirements on equipment related to handling HFC-134a 
material. Safety precautions or notices related to safe operation of 
the equipment shall be prominently displayed on the equipment and 
should also state ``CAUTION--SHOULD BE OPERATED BY QUALIFIED 
PERSONNEL.''
    5.2 Under NO CIRCUMSTANCES should any equipment be pressure 
tested or leak tested with air/HFC-134a mixtures.
    Do not use compressed air (shop air) or leak detection in 
systems containing HFC-134a.

[[Page 63496]]

6. Operating Instructions

    6.1 The equipment manufacturer shall provide a warning in the 
instruction manual regarding the possibility of refrigerant 
contamination in the mobile A/C system being serviced.
    6.1.1 If recovery/recycle equipment has refrigerant 
identification equipment, the refrigerant identification equipment 
shall meet the requirements of SAE J1771.
    6.1.2 Recovery/recycling equipment not having refrigerant 
identification capability shall have instructions in the equipment 
manual covering possible contamination problems to the equipment and 
the contamination of the existing recycled refrigerant in the 
container in the equipment.
    6.2 The equipment manufacturer must provide operating 
instructions, including proper attainment of vehicle system vacuum 
(i.e., when to stop the extraction process), filter/desiccant 
replacement, and purging of noncondensable gases (air). Also to be 
included are any other necessary maintenance procedures, source 
information for replacement parts and, repair and safety 
precautions.
    6.2.1 The manual shall identify the proper maintaining of hose 
and seals to prevent the addition of excess air, due to leaks, 
during the recovery process, which would increase the NCG level in 
the recovered refrigerant.
    6.3 The equipment must prominently display the manufacturer's 
name, address, the type of refrigerant it is designed to recycle, a 
service telephone number, and the part number for the replacement 
filter/drier.

7. Functional Description

    The ability of the equipment to meet the refrigerant recovery 
and recharge specifications of this section shall be determined by 
the test procedures of Section 10.
    7.1 The equipment must be capable of continuous operation in 
ambient temperatures of 10 [deg]C (50 [deg]F) to 49 [deg]C (120 
[deg]F). Continuous is defined as completing recovery/recycle and 
recharge (if applicable) operations with no more than a brief reset 
period between vehicles, and shall not include time delays for 
allowing a system to outgas (which shall be part of the recovery 
period provided by this standard). Continuous may include time out 
for an air purge if necessary, although it is understood that 
extended equipment-off time is preferred to allow NCG and 
refrigerant separation in the supply tank for optimum results.
    7.1.1 The equipment shall be capable of removing a minimum of 
95.0% of the refrigerant from the test system in 30 minutes or less, 
without external heating, or use of any device (such as shields, 
reflectors, special lights, etc.) which could heat components of the 
system. The recovery procedures shall be based on 21 to 24 [deg]C 
(70 to 75 [deg]F) ambient temperature. The test system for 
qualifying shall be a 1.4 kg (3.0 lbs) capacity orifice tube/
accumulator system in a 2005 Chevrolet Suburban with front and rear 
A/C, or the test option described in 10.5, and shall be determined 
by accurately weighing the recovery machine with the resolution and 
accuracy of within 3 g (.006 lb) in the range of the machine's 
weight. The laboratory shall maintain records of the vehicle, 
including its VIN (vehicle identification number).
    7.1.2 However, the preceding shall not preclude a brief period 
of engine operation at fast idle (up to 15 minutes, up to 2000 rpm) 
to circulate refrigerant and oil, and provide some engine and warm-
up of A/C refrigeration components. The laboratory shall monitor 
coolant temperature per the vehicle engine coolant temperature 
sensor, and coolant temperature shall not be allowed to exceed 105 
[deg]C (221 [deg]F). The time required shall not be included in the 
total time of 30 minutes set forth in 7.1.1.
    7.1.3 The refrigerant that is recovered, following oil 
separation, shall be measured and the quantity displayed, accurate 
to within 30 g (1.0 oz). The equipment must include a 
provision for checking the accuracy, per the requirements of 9.1.
    7.2 During recovery operation, the equipment shall provide 
overfill protection to assure that the liquid fill of the storage 
container (which may be integral or external) does not exceed 80% of 
the tank's rated volume at 21 [deg]C per Department of 
Transportation (DOT) Standard, CFR Title 49, Section 173.304 and the 
American Society of Mechanical Engineers.
    7.3 Portable refillable tanks or containers used in conjunction 
with this equipment must be labeled ``HFC-134a (R-134a),'' meet 
applicable Department of Transportation (DOT) or Underwriters 
Laboratories (UL) Standards, and shall incorporate fittings per SAE 
J2197.
    7.3.1 The cylinder valve shall comply with the standard for 
cylinder valves, UL 1769.
    7.3.2 The pressure relief device shall comply with the Pressure 
Relief Device Standard Part 1--Cylinders for Compressed Gases, CGA 
Pamphlet S-1.1.
    7.3.3 The tank assembly shall be marked to indicate the first 
retest date, which shall be 5 years after the date of manufacture. 
The marking shall indicate that retest must be performed every 
subsequent 5 years. SAE J2296 provides an inspection procedure. The 
marking shall be in letters at least 6 mm (\1/4\ in) high.
    7.3.4 ASME tanks as defined in UL-1963 may be used and are 
exempt from the retest requirements.
    7.3.5 If the machine is designed for recharging, and the 
marketer permits use of a non-refillable refrigerant tank, the 
machine shall include a way to ensure refrigerant remaining in the 
tank (called the ``heel'') to no more than 2% of tank rated capacity 
when the tank is indicated to be empty. This may be done by the 
machine marketer as follows:
     Specify a non-venting procedure, to minimize the amount 
of unused refrigerant remaining in the tank. The machine shall 
include any devices required for the procedure, other than ordinary 
service shop tools and supplies, and include in the operator's 
manual, any instructions.
     Provide an automatic or (with instructions in the 
operator's manual) semi-automatic non-venting procedure with the 
machine.
    The laboratory shall test for the 2% capability. For testing 
purposes it may use a refillable tank, minimum 15 lb capacity (6.8 
kg) containing a minimum of 7.5 lbs (3.4 kg) refrigerant. The test 
is as follows:
    a. Weigh the tank at the start of the test, on a scale accurate 
to plus/minus 3 grams, to ensure it contains sufficient refrigerant.
    b. Operate the machine to remove refrigerant from the tank, 
charging into a holding container until the tank is indicated to be 
empty. Continue with the marketer's recommended procedure for the 2% 
capability.
    c. Weigh the tank, on a scale accurate to plus/minus 3 grams.
    d. Using the recovery compressor and/or a vacuum pump, draw the 
tank into a vacuum of 9 to 10 inches Mercury (225 to 250 mm 
Mercury). The tank must hold that vacuum with a decay of less than 
10% in 10 minutes. If vacuum decays 10% or more, the procedure shall 
be repeated as necessary to ensure the tank is empty.
    e. Weigh the tank on a scale accurate to plus/minus 3 grams. The 
difference in weight from Steps 3 to 5 shall be within 2% of the 
weight of the amount of refrigerant that is the tanks rated 
capacity.
    f. This test may be performed at the conclusion of testing in 
10.4 or 10.5. If the machine passes or has passed all other testing 
in this standard, the marketer may make modifications in procedure 
and/or machine operation and retest once at a later date, within 90 
days. If the machine fails the retest, the machine must be 
completely retested per this standard, or may be certified per the 
following alternative. The marketer of the machine may specify use 
of a non-refillable refrigerant tank that provides for recycling 
and/or disposal of the residual refrigerant, in either case in a 
manner that does not vent. Or the marketer may exclude use of a one-
way container, in the machine's operating instructions.
    7.4 All flexible hoses must comply with SAE J2196.
    7.5 Service hoses must have shutoff devices located at the 
connection point to the system being serviced. Any hoses or lines 
connected to refrigerant containers on or in the machine also shall 
have shutoff devices at the connection points, so that the 
containers may be changed without loss of refrigerant. A tank that 
is a permanent installation is exempt from this requirement.
    7.6 The equipment shall separate oil from the refrigerant, 
measure the amount accurate to 20 ml (0.7 oz.), so the technician 
has an accurate basis for adding oil to the system.
    7.6.1 This statement shall be predominately identified in the 
equipment service manual.

    Note: Use only new lubricant to replace the amount removed 
during the recycling process. Used lubricant should be discarded per 
applicable federal, state and local requirements.

8. Testing

    This test procedure and its requirements are to be used to 
determine the ability of the recycling equipment to adequately 
recycle contaminated refrigerant.
    8.1 The equipment shall be able to clean the contaminated 
refrigerant in Sec.  8.3 to the purity level defined in SAE J2099.

[[Page 63497]]

    8.2 The equipment shall be operated in accordance with the 
manufacturer's operating instructions.

8.3 Contaminated HFC-134a (R-134a) Sample

    8.3.1 The standard contaminated refrigerant shall consist of 
liquid HFC-134a with 1300 ppm (by weight) moisture (equivalent to 
saturation at 38 [deg]C, 100 [deg]F), 45000 ppm (by weight) HFC-134a 
compatible lubricant, and 1000 ppm (by weight) of noncondensable 
gases (air).
    8.3.1.1 The HFC-134a compatible lubricant referred to in 8.3.1, 
shall be polyalkylene glycol (PAG), ISO 100 such as UCLN or PAG ISO 
46-55, such as Idemitsu or equivalent, which shall contain no more 
than 1000 ppm by weight of moisture.
    8.3.1.2 Although the test lubricant is a PAG, to conform to that 
used in the test vehicle system, the equipment manufacturer also 
shall ensure that it is compatible with polyol ester lubricant, such 
as ND 11 as used in electrically driven compressors in some hybrid 
vehicles.

8.4 Test Cycle

    8.4.1 The equipment must be preconditioned by processing 13.6 kg 
(30 lb) of the standard contaminated HFC-134a at an ambient of 21 to 
24 [deg]C (70 to 75 [deg]F) before starting the test cycle. 1.13 kg 
(2.56 lb) samples are to be processed at 5 min intervals. The test 
fixture, depicted in Figure 1, shall be operated at 21 to 24 [deg]C 
(70 to 75 [deg]F).
BILLING CODE 6560-50-P
[GRAPHIC] [TIFF OMITTED] TR09NO07.001

BILLING CODE 6560-50-C
    8.4.2 Following the preconditioning procedure per 8.4.1, 18.2 kg 
(40 lb) of standard contaminated HFC-134a are to be processed by the 
equipment.

8.5 Sample Requirements

    8.5.1 Samples of the standard contaminated refrigerant from 
8.3.1 shall be processed as required in 8.6 and shall be analyzed 
after said processing as defined in 8.7, 8.8, and 8.9. Note 
exception for noncondensable gas determination in 8.9.4.

8.6 Equipment Operating Ambient

    8.6.1 The HFC-134a is to be cleaned to the purity level, as 
defined in SAE J2099, with the equipment operating in a stable

[[Page 63498]]

ambient of 10, 21, and 49 [deg]C (50, 70 and 120 [deg]F) while 
processing the samples as defined in 8.4.

8.7 Quantitative Determination of Moisture

    8.7.1 The recycled liquid phase sample of HFC-134a shall be 
analyzed for moisture content via Karl Fischer coulometric 
titration, or an equivalent method. The Karl Fischer apparatus is an 
instrument for precise determination of small amounts of water 
dissolved in liquid and/or gas samples.
    8.7.2 In conducting this test, a weighed sample of 30 to 130 g 
is vaporized directly into the Karl Fischer anolyte. A coulometric 
titration is conducted and the results are reported as parts per 
million moisture (weight).
    8.8 Determination of Percent Lubricant 8.8.1 The amount of 
lubricant in the recycled HFC-134a sample shall be determined via 
gravimetric analysis. The methodology must account for the 
hygroscopicity of the lubricant.
    8.8.2 Following venting of noncondensable gases in accordance 
with the manufacturer's operating instructions, the refrigerant 
container shall be shaken for 5 min prior to extracting samples for 
testing.
    8.8.3 A weighed sample of 175 to 225 g of liquid HFC-134a is 
allowed to evaporate at room temperature. The percent lubricant is 
calculated from weights of the original sample and the residue 
remaining after evaporation.

8.9 Noncondensable Gases--Testing for Amount

    8.9.1 The amount of noncondensable gases shall be determined by 
gas chromatography. A sample of vaporized refrigerant liquid shall 
be separated and analyzed by gas chromatography. A Porapak Q column 
at 130 [deg]C (266 [deg]F) and a hot wire detector may be used for 
the analysis.
    8.9.2 This test shall be conducted on liquid phase samples of 
recycled refrigerant taken from a full container as defined in 7.2 
within 30 min following the proper venting of noncondensable gases.
    8.9.3 The liquid phase samples in 8.9.2 shall be vaporized 
completely prior to gas chromatographic analysis.
    8.9.4 This test shall be conducted at 10 and 49 [deg]C (50 and 
120 [deg]F) and may be performed in conjunction with the testing 
defined in 8.6. The equipment shall process at least 13.6 kg (30 lb) 
of standard contaminated refrigerant for this test.
    8.9.5 The equipment shall be capable of charging refrigerant 
into systems with various lubrication types and shall deliver less 
than 1% by weight residual oil during system charge if the machine 
permits oil charging with refrigerant (due to residual oil in the 
service hoses and recovery unit refrigerant circuit from prior 
recovery, diagnostics and oil injection. This shall be determined 
during SAE J2099 testing.)

9. Recharging the System

    9.1 It is the responsibility of the equipment manufacturer to 
ensure that the vacuum removal performance leaves the system 98% 
free of NCGs before recharging, following recovery and recycle under 
the provisions of this document.
    The equipment must be capable of both indicating and recharging 
the system to within 15 g (0.50 oz) of vehicle manufacturer's 
specifications. The laboratory shall test for this capability by 
choosing a charge amount that is within the range of the vehicle 
manufacturer's specifications. The equipment must indicate and 
charge the system with that chosen amount, within 15 g 
(0.5 oz).
    Example: If 500 g is chosen, the actual and indicated charge 
must be 485 to 515 g, with any difference between actual and 
indicated charge within the laboratory scale accuracy requirements 
of this standard. If a scale is used in the machine, the equipment 
manufacturer shall provide a method or service for the technician to 
check scale accuracy, and include any necessary accuracy-checking 
device (such as a calibration weight(s)) with the machine. If a mass 
flow system is used for charge determination, it must maintain 
accuracy equal to the 15 g (0.50 oz) specification. The equipment 
manufacturer shall provide a method for checking accuracy and 
include any necessary accuracy testing device(s) with the machine. 
If the accuracy testing device(s) for a scale or mass flow machine 
includes a consumable, the manufacturer shall include a quantity of 
replacement or refill devices for five years of periodic testing as 
recommended.
    9.2 If any other system is used for charge determination, such 
as a positive displacement pump, the equipment manufacturer shall 
provide a method and any needed device(s) to check accuracy that is/
are appropriate for its method of operation, including any 
temperature-compensating trim if used.

10. Equipment Test Procedure by Laboratory for Recovery/Recycling and 
Recovery/Recycling/Recharging Machines

    10.1 Preliminary: Ambient (in shop) temperature shall be 21 to 
24 [deg]C (70 to 75 [deg]F). Test vehicle shall be ``overnight 
cold'' (not run for at least eight hours).
    10.2 The machine must have a self-contained provision for 
checking accuracy of the indicated amount of refrigerant recovered 
in liquid or vapor or mixture form(s) from a vehicle system and (if 
applicable) charged into a vehicle, and adjusting if necessary, to 
meet requirements of 9.1, 9.2. Therefore: If the machine uses a 
scale for that purpose, check the accuracy of that scale and make 
any adjustment if necessary. If an alternative method of measuring 
refrigerant is used, follow the equipment manufacturer's procedure 
for ensuring accuracy. Next, move the machine, such as by rolling 
it, along the floor, a minimum of 20 feet (6.1 meters) within 10 
seconds. Follow with the test procedure in 10.3, then 10.4 or 10.5.

10.3 Test Procedure

    If desired, this test procedure may be preceded by engine/system 
operation for up to 15 minutes, up to 2000 rpm.
    1. You must start with an empty system, using this method: (a) 
Operate machine to recover refrigerant, per equipment manufacturer's 
instructions. (b) Deep-vacuum system to a minimum of 710 mm (28 in) 
of mercury. (c) Monitor vacuum for decay, checking every 20 minutes. 
If decay exceeds 75 mm (3 in), deep vacuum the system again. When 
system holds 710 mm (28 in) +0/-75 mm (3 in) of mercury vacuum for 
three hours, it is considered empty.
    2. Place machine on a platform scale with the capacity to weigh 
the recovery/recycle/recharge machine, and with the resolution and 
accuracy of within 3 g (.006 lb) in the range of the 
machine's weight. Weight should include the machine's service hoses 
draped over the machine, and with the machine's oil reservoir 
removed. If necessary to add oil to vehicle system as a result of a 
system operation preparatory to the recovery process, inject the 
needed quantity through the service valve at this time.
    3. Record weight of machine in as weight A.
    4. Reconnect service hoses to the test vehicle.
    5. Follow the equipment manufacturer's specified procedure for 
charging the vehicle manufacturer's recommended amount of 
refrigerant into the system. Note: if this does not apply to the 
machine under test, i.e. a recovery/recycling only machine, the use 
of charging equipment that meets this standard and the platform 
scale shall be used to verify the accuracy of the charge.
    6. Disconnect the service hoses from the test vehicle and drape 
them on the machine. Check and record the weight of the machine. 
Record this weight as weight B. The difference between weight A and 
weight B should be equal to the recommended charge that was 
installed per the machine's display, within 15 g (0.5 oz). If the 
difference is greater than 15 g (3 g), the machine fails 
the charge accuracy test, and no other tests shall be performed at 
that time. The manufacturer must document changes made to improve 
accuracy and furnish them to the laboratory prior to a new test. 
Exception: If the maximum deviation is no more than a total of 20 g, 
the calibration of the scale or other measuring system may be 
rechecked and readjusted once, and the entire test repeated just 
once.

10.4 Recovery Test Using a Vehicle

    1. Following a successful system charge, the system and engine 
shall be run for 15 minutes at 2000 rpm to circulate oil and 
refrigerant, following which engine and system shall rest for eight 
hours. Then the laboratory may begin the recovery test. If the 
machine manufacturer specifies, operate the engine/system for up to 
15 minutes, at up to 2000 rpm, then shut off engine/system.
    2. If the machine has an automatic air purge, disable it. Check 
the weight of the machine with the platform scale (service hoses 
draped over machine, oil reservoir removed). Record the number as 
Weight C. Reinstall oil reservoir if it had been removed in the 
recovery procedure.
    3. Start timer. Connect service hoses to system of test vehicle 
and perform recovery per the equipment manufacturer's instructions. 
The vehicle system service valves' cores must remain in the fittings 
for this procedure.
    4. When recovery is completed, including from service hoses if 
that is part of the recommended procedure, disconnect hoses and 
drape over machine. Stop timer. The

[[Page 63499]]

elapsed time shall be 30.0 minutes or less. If it is in excess of 
this time, the machine fails the test and no retest is allowed. The 
manufacturer must document changes made to the machine to improve 
its performance before a new test is allowed, and furnish them to 
the laboratory.
    5. If the recovery is completed in no more than the 30.0 
minutes, measure the oil level in the reservoir, remove the 
reservoir and then determine the amount of refrigerant recovered, as 
detailed in Nos. 6 and 7: As measured by the machine and also by 
noting the weight of the platform scale, which shall be recorded as 
Weight D.
    6. The platform scale shall indicate that a minimum of 95% of 
the amount charged into the system has been recovered. If the 
platform scale indicates a lower percentage has been recovered, the 
machine fails the recovery test.
    7. The machine display shall indicate that a minimum of 95.0% of 
the amount charged into the system has been recovered, within a 
tolerance of 30 g (1 oz) when compared with the platform 
scale (Weight D minus Weight C). The 30 g (1 oz) tolerance may 
produce a machine display reading that is below the 95.0% recovery. 
If a greater difference between machine and platform scale occurs, 
the machine fails the recovery test.

10.5 Recovery Test Fixture Test Option

    If an equipment manufacturer chooses, as an alternative to the 
actual vehicle, it may certify to SAE J2788 with a laboratory 
fixture that is composed entirely of all the original equipment 
parts of a single model year for the 3.0 lb capacity front/rear A/C 
system in the 2005-07 Chevrolet Suburban. All parts must be those 
OE-specified for one model year system and no parts may be 
eliminated or bypassed from the chosen system, or reproduced by a 
non-OE source. No parts may be added and/or relocated from the OE 
position in the 2005-07 Suburban. No parts may be modified in any 
way that could affect system performance for testing under this 
standard, except adding refrigerant line bends and/or loops to make 
the system more compact. Reducing the total length of the lines, 
however, is not permitted. The fixture system shall be powered by an 
electric motor, run at a speed not to exceed 2000 rpm, and for this 
test option, no system warm-up or equivalent procedure may be used. 
The certifying laboratory shall maintain records of all parts 
purchased, including invoices and payments. The assembly of the 
parts shall, as an outside-the-vehicle package, duplicate the OE 
system and its routing, including bends, except for permitted 
additions of bends and/or loops in refrigerant lines. Aside from the 
absence of engine operation and the limitations posed by the 
standard and the use of the electric motor, the test shall otherwise 
be the same as the test on the Suburban, including test temperature.

[FR Doc. E7-21943 Filed 11-8-07; 8:45 am]
BILLING CODE 6560-50-P