Protection of Stratospheric Ozone: Revision of Refrigerant Recovery Only Equipment Standards, 34644-34649 [E8-13749]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Rules and Regulations]
[Pages 34644-34649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13749]



[[Page 34644]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2008-0231; FRL-8582-6]
RIN 2060-AP18


Protection of Stratospheric Ozone: Revision of Refrigerant 
Recovery Only 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 only 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) 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 J1732, 
HFC-134a Refrigerant Recovery Equipment for Mobile Air Conditioning 
Systems for certification of MVAC refrigerant handling equipment. SAE 
has replaced Standard J1732 with J2810, HFC-134a Refrigerant Recovery 
Equipment for Mobile Air Conditioning Systems. EPA is updating its 
reference to the new SAE standard for MVAC refrigerant recovery 
equipment used for MVAC servicing and MVAC disposal. This action 
reflects a change in industry standard practice.

DATES: This rule is effective on September 16, 2008 without further 
notice, unless EPA receives adverse comment by July 18, 2008. If we 
receive adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that some or all of the 
amendments included in this direct final rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No EPA-HQ-OAR-
2008-0231, by one of the following methods:
     https://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 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-
2008-0231. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://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 https://
www.regulations.gov or e-mail. The https://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 https://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 https://
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 https://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 given 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 are received on this direct 
final rule. The direct final rule will be effective on September 16, 
2008 without further notice unless we receive adverse comments by July 
18, 2008 or by August 4, 2008 if a hearing is requested. If we receive 
adverse comment, we will publish a timely notice in the Federal 
Register informing the public that the rule, or particular provisions 
of the rule, will not take effect. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. We will address public comments in any 
subsequent final rule based on the proposed rule. For further 
information about commenting on this rule, see the ADDRESSES section of 
this document.
    Existing regulations covering specifications for motor vehicle air 
conditioning (MVAC) refrigerant recovery only equipment, reference 
Society of Automotive Engineers (SAE) standards that have become 
outdated since the SAE issued new updated standards that replaces these 
outdated 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 as amended (the Act), requires 
that EPA regulations be at least as stringent as SAE J1990 standard. 
J1990 describes refrigerant handling equipment for CFC-12 refrigerant. 
Since the enactment of the 1990 Amendments to the Act and more 
specifically section 609, 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

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predominant refrigerant used in MVACs in the United States and 
globally. At the beginning of the MVAC transition from CFC-12 to HFC-
134a, more than 13 years ago, SAE developed standard J1732 for HFC-134a 
refrigerant recovery only equipment. J1732 described standards for HFC-
134a refrigerant recovery only machines. EPA adopted J1732 within its 
regulatory framework at 40 CFR Part 82 subpart B. Now, SAE has updated 
the standard on HFC-134a refrigerant recovery only equipment replacing 
J1732 with J2810. This action updates EPA's reference to SAE's new HFC-
134a refrigerant handling equipment standards (J1732 in Appendix D to 
Subpart B of Part 82 in the Code of Federal Regulation).

I. Background

A. Statutory Authority

    Title VI of the 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). These regulations are at 
40 CFR part 82 subpart B.

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 Research Project, an MVAC industry sponsored research 
project, indicated that refrigerant handling equipment did not recover 
refrigerant from MVAC systems as well as was previously assumed (Docket 
No. EPA-HQ-OAR-0231-0001). As much as 30% of refrigerant remained in an 
MVAC system when J1732 recovery equipment indicated all refrigerant had 
been recovered. In light of poor recovery performance, SAE revised 
their standards to include performance standards that ensure an 
improved standard of refrigerant recovery. SAE replaced standard J1732 
with standard J2810 in October 2007. J2810 encompasses all of J1732 and 
adds performance standards to improve equipment refrigerant recovery 
performance. Specifically, J2810 requires 95% refrigerant recovery in 
30 minutes or less without prior engine operation or external heating 
at 21 [deg]C to 24 [deg]C ambient temperature.
    With this action, EPA is updating its reference to the SAE 
standards at Sec.  82.36. SAE J1732 will be superseded by J2810. In 
Sec.  82.36 Approved refrigerant recycling equipment, EPA is updating 
the reference from J1732 to J2810, for recovery only equipment. By 
updating our reference to SAE's new standard J2810, the Agency avoids 
confusion on the part of the refrigerant handling equipment 
manufacturer, service technician, automobile dismantling operator 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 J2810.
    As with all recovery only equipment, under J2810, it is not 
acceptable that the refrigerant removed from a MVAC system with this 
equipment be directly returned to a MVAC system.
    While this action updates EPA's reference to SAE's new J2810 
standard, it does not require users of recovery equipment to 
immediately replace previously certified MVAC recovery only equipment 
with new J2810 equipment. Rather, all new MVAC refrigerant handling 
equipment manufactured or imported after October 31, 2008 must be 
certified to J2810. Equipment manufactured after October 31, 2008 that 
is certified to J1732 will not meet regulatory requirements specified 
in this rule. See Section III below for a discussion on existing 
inventory of equipment certified to J1732.
    For purposes of clarity and consistency, EPA is also amending Sec.  
82.158 Standards for recycling and recovery equipment of subpart F. 
Subpart F establishes safe handling for the servicing of stationary and 
MVAC-like appliances as well as safe disposal for stationary, MVACs and 
MVAC-like appliances. There is a MVAC reference with regards to safe 
disposal that will also be amended via this action. Unlike the rest of 
subpart F, Sec.  82.158(l) contains an outdated reference in Appendix A 
of subpart B. All other subpart F references to subpart B refrigerant 
equipment standards cross-reference Sec.  82.36(a), which includes MVAC 
equipment standards for all MVAC refrigerants. (See Sec.  82.158(a) and 
Sec.  82.158(f).) Sec.  82.158(l) references Appendix A in subpart B 
which describes CFC-12 refrigerant recovery only. Consistent with the 
rest of subpart F, equipment standards must address not only CFC-12 but 
also its replacements, therefore EPA is amending Sec.  82.158(l) to 
match Sec.  82.158(a) and Sec.  82.158(f).

III. Effective Date

    MVAC recovery only equipment manufactured or imported after October 
31, 2008 must be certified by an EPA-approved independent standards 
testing organization to meet the specifications of Appendix D of 40 
Code of Federal Regulations, Part 82, Subpart B. As explained above, 
Appendix D will now require that such equipment be certified under 
SAE's updated standard J2810. 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 J1732 equipment, since SAE released the new J2810 standard 
in October 2007. EPA will allow sales of J1732 equipment stock 
manufactured before October 31, 2008. Although certification of new 
equipment under SAE standard J2810 becomes effective for equipment 
manufactured or imported after October 31, 2008, EPA suggests that 
equipment manufacturers transition to the new equipment standard as 
soon as feasible.

IV. 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.

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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. The OMB control numbers for EPA's regulations in 40 
CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (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. The 
requirements of today's rule do not require an immediate replacement of 
existing equipment with equipment certified to the new SAE standard. 
Rather, MVAC service shop owners will purchase equipment certified to 
the new SAE standard to replace existing refrigerant handling equipment 
as it approaches the end of its life.

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. This 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.

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    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 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

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 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 references 
SAE Standard J2810 which is the revised version of SAE Standard J1732. 
These standards can be obtained from https://www.sae.org/technical/
standards/.

J. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this direct final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This action updates a regulatory reference to an obsolete 
standard to avoid confusion on the part of refrigerant handling 
equipment manufacturers, service technicians, automobile dismantling 
operators, and A/C service shop owners.

K. 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 September 16, 2008.

List of Subjects in 40 CFR Part 82

    Environmental protection, Motor vehicle air-conditioning, Recovery 
equipment, Reporting and certification requirements, Stratospheric 
ozone layer.

    Dated: June 12, 2008.
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 82.36 is amended by revising the section heading and 
paragraph (a)(5) to read as follows:


Sec.  82.36  Approved refrigerant handling equipment.

    (a) * * *
    (5) Effective October 31, 2008, equipment that recovers but does 
not recycle HFC-134a refrigerant must meet the standards set forth in 
Appendix D of this subpart based upon J2810--HFC-134a (R-134a) Recovery 
Equipment Mobile Air-Conditioning Systems.
* * * * *

Subpart B--Servicing of Motor Vehicle Air Conditioners

0
3. Appendix D to Subpart B is revised to read as follows:

Appendix D to Subpart B of Part 82--SAE J2810 Standard for Recovery 
Only Equipment for HFC-134a Refrigerant

Foreword

    This Appendix establishes the specific minimum equipment 
requirements for the recovery of HFC-134a that has been directly 
removed from, motor vehicle air-conditioning systems.

1. Scope

    The purpose of this SAE Standard is to provide minimum 
performance and operating feature requirements for the recovery of 
HFC-134a (R-134a) refrigerant to be returned to a refrigerant 
reclamation facility that will process it to the appropriate ARI 700 
Standard or allow for recycling of the recovered refrigerant to SAE 
J2788 specifications by using SAE J2788-certified equipment. It is 
not acceptable that the refrigerant removed from a mobile air-
conditioning (A/C) system with this equipment be directly returned 
to a mobile A/C system.
    This information applies to equipment used to service 
automobiles, light trucks, and other vehicles with similar HFC-134a 
(R-134a) A/C systems.
    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, it supersedes SAE J1732.

2. References

2.1 Applicable Publications

    The following publications form a part of the specification to 
the extent specified herein. Unless otherwise indicated, the latest 
revision 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), https://www.sae.org.
    SAE J639 Safety Standards for Motor Vehicle Refrigerant Vapor 
Compressions Systems.
    SAE J1739 Potential Failure Mode and Effects Analysis in Design 
(Design FMEA) and Potential Failure Mode and Effects Analysis in 
Manufacturing and Assembly Processes (Process FMEA) and Effects 
Analysis for Machinery (Machinery FMEA).

[[Page 34648]]

    SAE J1771 Criteria for Refrigerant Identification Equipment for 
Use with Mobile Air-Conditioning Systems.
    SAE J2196 Service Hose for Automotive Air Conditioning.
    SAE J2296 Retest of Refrigerant Container.
    SAE J2788 HFC-134a (R-134a) Recovery/Recycling Equipment and 
Recovery/Recycling/Recharging for Mobile Air-Conditioning Systems.

2.1.2 ARI Publication

    Available from Air-Conditioning and Refrigeration Institute, 
4100 North Fairfax Drive, Suite 200, Arlington, VA 22203, Tel: 703-
524-8800, https://www.ari.org.
    ARI 700 Specifications for Fluorocarbon Refrigerants.

2.1.3 CGA Publication

    Available from Compressed Gas Association, 4221 Walney Road, 5th 
Floor, Chantilly, VA 20151-2923, Tel: 703-788-2700, https://
www.cganet.com.
    CGA S-1.1 Pressure Relief Device Standard Part 1--Cylinders for 
Compressed Gases.

2.1.4 DOT Specification

    Available from the Superintendent of Documents, U.S. Government 
Printing Office, Mail Stop: SSOP, Washington, DC 20402-9320.
    CFR 49, Section 173.304 Shippers--General Requirements for 
Shipments and Packagings.

2.1.5 UL Publication

    Available from Underwriters Laboratories Inc., 333 Pfingsten 
Road, Northbrook, IL 60062-2096, Tel: 847-272-8800, https://
www.ul.com.
    UL 1769 Cylinder Valves.

3. Specifications and General Description

    3.1 The equipment must be able to recover (extract) HFC-134a (R-
134a) refrigerant from a mobile A/C system per the test procedure of 
sections 7 and 8.
    3.2 The equipment shall be suitable for use in an automotive 
service garage environment as defined in 6.8.

3.3 Equipment Certification

    The equipment shall be certified by an EPA-listed laboratory to 
meet this standard. SAE J2810.

3.4 Label Requirements

    The equipment shall have a label with bold type, minimum 3 mm 
high, saying ``Design Certified by (certifying agent, EPA listed 
laboratory) to meet SAE J2810 for use only with HFC-134a (R-134a). 
If it is to be re-used in an A/C system, the refrigerant recovered 
with this equipment must be processed to the appropriate ARI 700 
specifications or to specifications by using equipment certified to 
perform to SAE J2788.''

3.5 SAE J1739

    Potential Failure Mode and Effects Analysis in Design (Design 
FMEA), Potential Failure Mode and Effects Analysis in Manufacturing 
and Assembly Processes (Process FMEA), and Potential Failure Mode 
and Effects Analysis for Machinery (Machinery FMEA) shall be applied 
to the design and development of service equipment.

4. Safety Requirements

    4.1 The equipment must comply with applicable federal, state, 
and local requirements on equipment related to the handling of HFC-
134a (R-134a) material. Safety precautions or notices, labels, 
related to the safe operation of the equipment shall also be 
prominently displayed on the equipment and should state ``CAUTION--
SHOULD BE OPERATED ONLY BY CERTIFIED PERSONNEL.'' The safety 
identification shall be located on the front near the controls.
    4.2 The equipment must comply with applicable safety standards 
for the electrical and mechanical systems.

5. Operating Instructions

    5.1 The equipment manufacturer must provide operating 
instructions that include information required by SAE J639, 
necessary maintenance procedures, and source information for 
replacement parts and repair.
    5.1.1 The instruction manual shall include the following 
information on the lubricant removed. Only new lubricant, as 
identified by the system manufacturer, should be replaced in the 
mobile A/C system. Removed lubricant from the system and/or the 
equipment shall be disposed of in accordance with the applicable 
federal, state, and local procedures and regulations.
    5.2 The equipment must prominently display the manufacturer's 
name, address, the type of refrigerant it is designed to extract (R-
134a), a service telephone number, and any items that require 
maintenance or replacement that affect the proper operation of the 
equipment. Operation manuals must cover information for complete 
maintenance of the equipment to assure proper operation.
    5.3 The equipment manufacturer shall provide a warning in the 
instruction manual regarding the possibility of refrigerant 
contamination from hydrocarbons, leak sealants and refrigerants 
other than R-134a in the mobile A/C system being serviced.
    5.4 Recovery equipment having refrigerant identification 
equipment shall meet the requirements of SAE J1771.
    5.5 Recovery equipment not having refrigerant identification 
capability shall have instructions warning the technician that 
failure to verify that the system contains only R-134a potentially 
exposes him or her to danger from flammable refrigerants and health 
hazards from toxic refrigerants. The instructions also shall alert 
to possible contamination problems to the recovery equipment from 
sealants and refrigerants other than R-134a, and to the fact that a 
refrigerant other than R-134a would require special handling by 
someone with specific expertise and equipment.

6. Function Description

    6.1 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 operation with 
no more than a brief reset between servicing 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).
    6.1.1 The equipment shall demonstrate ability to recovery a 
minimum of 95.0% of the refrigerant from the test vehicle in 30.0 
minutes or less, without prior engine operation (for previous eight 
hours minimum), external heating or use of any device (such as 
shields, reflectors, special lights, etc.), which could heat 
components of the system. The recovery procedure shall be based on a 
test at 21 [deg]C to 24 [deg]C (70 [deg]F 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 2005-07 Chevrolet 
Suburban with front and rear A/C or the test option described in 
section 9.
    6.1.2 The equipment shall demonstrate ability to recover a 
minimum of 85% of the refrigerant from the test vehicle or system of 
6.1.1. in 30.0 minutes or less, at an ambient temperature of 10 
[deg]C to 13 [deg]C (50 [deg]F to 55 [deg]F), subject to the same 
restrictions regarding engine operation and external heating.
    6.1.3 During recovery operation, the equipment shall provide 
overfill protection so that the liquid fill of the storage container 
does not exceed 80% of the tank's rated volume at 21 [deg]C (70 
[deg]F). This will ensure that the container meets Department of 
Transportation (DOT) Standard, CFR Title 49, section 173.304 and the 
American Society of Mechanical Engineers.
    6.1.4 Portable refillable tanks or containers used in 
conjunction with this equipment must be labeled ``HFC-134a (R-134a) 
and meet applicable Department of Transportation (DOT) or 
Underwriters Laboratories (UL) Standards, and incorporate fittings 
per SAE J2197.
    6.1.5 The cylinder valves shall comply with the standard for 
cylinder valves UL 1769.
    6.1.6 The pressure relief device shall comply with the Pressure 
Relief Device Standard Part 1--Cylinders for Compressed Gasses CGA 
Pamphlet S-1.1.
    6.1.7 The tank assembly shall be marked to indicate the first 
retest date, which shall be five years from the date of manufacture. 
The marking shall indicate that retest must be performed every 
subsequent five years. SAE J2296 provides an inspection procedure. 
The marking shall be in letters at least 6 mm (0.25 in) high. If 
ASME tanks, as defined in UL-1963, are used, they are exempt from 
the retest requirements.
    6.2 If the marketer permits use of a refillable refrigerant 
tank, a method must be provided (including any necessary fittings) 
for transfer to a system that ensures proper handling (recycling or 
other, environmentally-legal disposal).
    Restricting the equipment to use of non-refillable tanks 
eliminates compliance with this provision.
    6.3 Prior to testing under this standard, the equipment must be 
preconditioned with a minimum of 13.6 kg of the standard 
contaminated HFC-134a (R-134a) at an ambient of 21 [deg]C before 
starting the test cycle. Sample amounts are not to exceed 1.13 kg 
with sample amounts to be repeated every 5 min. The test fixture 
shown in Figure 1 shall be operated at 21 [deg]C. Contaminated HFC-

[[Page 34649]]

134a (R-134a) samples shall be processed at ambient temperatures of 
10 [deg]C and 49 [deg]C (50 [deg]F to 120 [deg]F), without the 
equipment shutting down due to any safety devices employed in this 
equipment.
    6.3.1 Contaminated HFC-134a (R-134a) sample shall be standard 
contaminated HFC-134a (R-134a) refrigerant, 13.6 kg sample size, 
consisting of liquid HFC-134a (R-134a) with 1300 ppm (by weight) 
moisture at 21 [deg]C (70 [deg]F) and 45 000 ppm (by weight) of oil 
(polyalkylene glycol oil with 46-160 cst viscosity at 40 [deg]C) and 
1000 ppm by weight of noncondensable gases (air).
    6.3.2 Portable refillable containers used in conjunction with 
this equipment must meet applicable DOT Standards. The color of the 
container must be blue with a yellow top to indicate the container 
holds used HFC-134a (R-134a) refrigerant. The container must be 
permanently marked on the outside surface in black print at least 20 
mm high, ``CONTAMINATED HFC-134a (R-134a)--DO NOT USE, MUST BE 
REPROCESSED.''

Figure 1--Test Fixture

    6.3.3 The portable refillable container shall have a 1/2 in ACME 
thread.
    6.4 Additional Storage Tank Requirements.
    6.4.1 The cylinder valve shall comply with UL 1769.
    6.4.2 The pressure relief device shall comply with CGA Pamphlet 
S-1.1.
    6.5 All flexible hoses must meet SAE J2196 for service hoses.
    6.6 Service hoses must have shutoff devices located at the 
connection points to the system being serviced to minimize 
introduction of noncondensable gases into the recovery equipment 
during connection and the release of the refrigerant during 
disconnection.
    6.7 The equipment must be able to separate the lubricant from 
recovered refrigerant and accurately indicate the amount removed 
from the simulated automotive system during processing in 20 mL (0.7 
fl oz) units.
    6.7.1 The purpose of indicating the amount of lubricant removed 
is to ensure that a proper amount of new lubricant is returned to 
the mobile A/C system for compressor lubrication, if the system is 
to be charged with equipment meeting SAE J2788.
    6.7.2 Refrigerant dissolved in this lubricant must be accounted 
for to prevent lubricant overcharge of the mobile A/C system.
    6.8 The equipment must be capable of continuous operation in 
ambient temperatures of 10 [deg]C to 49 [deg]C (50 [deg]F to120 
[deg]F) and comply with 6.1 to 6.4 of this standard.
    6.9 For test validation, the equipment is to be operated 
according to the manufacturer's instructions.
    7. Test Procedure A at 21 [deg]C to 24 [deg]C (70 [deg]F to 75 
[deg]F).
    The test vehicle (2005-2007 Chevrolet Suburban with rear A/C 
system--1.4 kg/ 3.0 lb) or laboratory fixture per section 10.5 of 
SAE J2788, shall be prepared as for SAE J2788, section 10.3, 
following Steps 1, 2, 3, 4, and then the following:
    7.1 Using a machine certified to SAE J2788 and with the machine 
on a platform scale with accuracy to within plus/minus 3.0 grams at 
the weight of the machine, charge the system to the vehicle 
manufacturer's recommended amount of refrigerant (1.4 kg-3.0 lb). 
The actual charge amount per the reading on the platform scale shall 
be used as the basis for the recovery efficiency of the recovery-
only machine being tested to this standard. Run the engine (or 
operate test fixture with electric motor) for up to 15 minutes at up 
to 2000 rpm to circulate oil and refrigerant. The system then must 
rest for eight hours.
    7.2 Place the recovery machine on the platform scale and record 
the weight with the hoses draped over the machine. Ambient 
temperature shall be within the range of 21 [deg]C to 24 [deg]C (70 
[deg]F to 75 [deg]F) for this test, which shall be performed without 
the immediately prior engine operation permitted by SAE J2788, 
Section 10.3, Step No.1. The only permitted engine operation is as 
specified in 7.1.
    7.3 Start the timer. Connect the service hoses to the system of 
the test vehicle and perform the recovery per the equipment 
manufacturer's instructions. The vehicle system's service valve 
cores must remain in the fittings for this procedure.
    7.4 When recovery is completed, including from the service hoses 
if that is part of the recommended procedure, disconnect the hoses 
and drape over the machine. Stop the timer. The elapsed time shall 
be no more than 30 minutes.
    7.5 Remove the oil reservoir, empty and reinstall. The platform 
scale shall indicate that a minimum of 95.0% of the refrigerant has 
been recovered, based on the charge amount indicated by the platform 
scale. If the machine has recovered the minimum of 95.0% within the 
30.0 minutes, the next test shall be performed. If it fails this 
test, the marketer of the equipment must document changes to the 
equipment to upgrade performance before a retest is allowed. If it 
passes, the laboratory can proceed to Test Procedure B-10 [deg]C to 
13 [deg]C (50 [deg]F to 55 [deg]F).
    8. Test Procedure B at 10 [deg]C to 13 [deg]C (50 [deg]F to 55 
[deg]F).
    The test vehicle (2005-2007 Chevrolet Suburban front/rear A/C 
system (1.4 kg/3.0 lb) or test fixture per section 10.5 of SAE 
J2788, shall be prepared as per 7.0 and 7.1 of this standard, and 
then the following:
    8.1 Place the recovery machine on the platform scale and record 
the weight with the hoses draped over the machine.
    Ambient temperature at this time shall be no higher than 10 
[deg]C to13 [deg]C (50 [deg]F to 55 [deg]F).
    8.2 Start the timer. Connect the service hoses to the system of 
the test vehicle and perform the recovery per the equipment 
manufacturer's instructions. This also shall be performed without 
the immediately prior engine operation permitted by SAE J2788, 
section 10.4, Step No. 1. The vehicle system's service valve cores 
must remain in the fittings for this procedure.
    8.3 When recovery is completed, including from the service hoses 
if that is part of the recommended procedure, disconnect the hoses 
and drape over the machine. Stop the timer. The elapsed time shall 
be no more than 30 minutes.
    8.4 Remove the oil reservoir, empty and reinstall. The platform 
scale shall indicate that a minimum of 85.0% of the refrigerant has 
been recovered, based on the charge amount indicated by the platform 
scale. If the machine has recovered the minimum of 85.0% within the 
30 minutes, it has passed the test procedure and if it meets all 
other requirements of this standard, it is certified.

9. Test Option

    As in SAE J2788, Section 10.5, as an alternative to a 2005-2007 
Chevrolet Suburban with rear A/C (1.4 kg-3.0 lb) system, a 
laboratory test fixture may be used to certify to SAE J2810 the 
fixture must be composed entirely of all the original equipment 
parts of a single model year for the 1.4 kg (3.0 lb) capacity 
system. 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 from 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 systems for this standard shall not be powered by an 
electric motor during recovery, although a motor can be used, run at 
a speed not to exceed 2000 rpm, as part of the preparatory process, 
including installation of the charge.

Subpart F--Recycling and Emissions Reduction

0
4. Section 82.158 is amended by revising paragraph (l) to read as 
follows:


Sec.  82.158  Standards for recycling and recovery equipment.

* * * * *
    (l) Equipment used to evacuate refrigerant from MVACs and MVAC-like 
appliances before they are disposed of must be certified in accordance 
with Sec.  82.36(a).
* * * * *

[FR Doc. E8-13749 Filed 6-17-08; 8:45 am]
BILLING CODE 6560-50-P