Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Requirements, 78558-78585 [2010-31337]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Proposed Rules]
[Pages 78558-78585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31337]



[[Page 78557]]

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Part VI





Environmental Protection Agency





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40 CFR Part 82



Protection of Stratospheric Ozone: Amendments to the Section 608 Leak 
Repair Requirements; Proposed Rule

Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / 
Proposed Rules

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2003-0167; FRL-9238-4]
RIN 2060-AM09


Protection of Stratospheric Ozone: Amendments to the Section 608 
Leak Repair Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing changes 
to the leak repair regulations promulgated under Section 608 of the 
Clean Air Act Amendments of 1990 (CAA or Act). EPA is proposing to 
lower the leak repair trigger rates for comfort cooling, commercial 
refrigeration, and industrial process refrigeration and air-
conditioning equipment (i.e., appliances) with ozone-depleting 
refrigerant charges greater than 50 pounds. This action proposes to 
streamline existing required practices and associated reporting and 
recordkeeping requirements by establishing similar leak repair 
requirements for owners or operators of comfort cooling, commercial 
refrigeration, and industrial process refrigeration appliances. This 
action also proposes to reduce the use and emissions of class I and 
class II controlled substances (such as but not limited, to CFC-11, 
CFC-12, HCFC-123, HCFC-22) by requiring the following: Verification and 
documentation of all repairs, retrofit or retirement of appliances that 
cannot be sufficiently repaired, mandatory replacement of appliance 
components that have a history of failures, and mandatory recordkeeping 
of the determination of the full charge and the fate of recovered 
refrigerant.

DATES: Written comments on this proposed rule must be received by the 
EPA Docket on or before February 14, 2011, unless a public hearing is 
requested. Any party requesting a public hearing must notify the 
contact listed below under FOR FURTHER INFORMATION CONTACT by 5 p.m. 
Eastern Standard Time on December 29, 2010. If a public hearing is 
requested, commenters will have until February 28, 2011 to submit 
comments before the close of the comment period. If a hearing is held, 
it will take place at EPA headquarters in Washington, DC. EPA will post 
a notice on our Web site, https://www.epa.gov/ozone/strathome.html, 
announcing further information should a hearing take place.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0167, 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: 202-343-2338, Attn: Julius Banks.
     Mail: Air Docket, Environmental Protection Agency, Mail 
Code 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
     Hand Delivery or Courier: Deliver your comments to EPA Air 
Docket, EPA West, 1301 Constitution Avenue, NW., Room B108, Mail Code 
6102T, Washington, DC 20460. 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-
2003-0167. 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 that has 
disclosure restrictions 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 that 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. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.html.
    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 
that has disclosure restrictions 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 B102, 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. A fee may be charged for 
the copying of documents at the Air Docket facility.

FOR FURTHER INFORMATION CONTACT: Julius Banks; U.S. Environmental 
Protection Agency; Stratospheric Program Division; Office of 
Atmospheric Programs; Office of Air and Radiation; Mail Code 6205-J; 
1200 Pennsylvania Avenue, NW.; Washington, DC 20460; (202) 343-9870.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for EPA?
    1. Confidential Business Information (CBI)
    2. Tips for Preparing Your Comments
II. Section 608 of the Clean Air Act
III. Leak Repair Regulations
IV. Proposed Revisions to the Leak Repair Regulations
    A. Purpose and Scope
    B. Definitions
    1. Comfort Cooling Appliance
    2. Commercial Refrigeration Appliance
    3. Critical (Appliance) Component
    4. Initial and Follow-Up Verification Tests
    5. Full Charge and Seasonal Variance
    6. Industrial Process Refrigeration
    7. Leak Rate
    8. Normal Operating Characteristics or Conditions
    9. Retrofit, Repair, and Retire
    C. Required Practices
    1. Repair of Leaks and Leak Repair Trigger Rates
    2. Addition of Refrigerant Due to Seasonal Variances
    3. Verification of Repairs
    4. Requirement to Develop and Complete Retrofit/Retirement Plans
    5. Extension to Repair and Retrofit/Retirement Timelines
    6. Worst Leaker Provision
    D. Reporting and Recordkeeping Requirements
    1. Service Records

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    2. Records Documenting the Fate of Recovered Refrigerant
    3. Extensions to Repair and Retrofit/Retirement Timelines
    4. Documenting the Determination of the Appliance Full Charge
    5. Documenting Seasonal Variances
    6. Destruction of Purged Refrigerant
    7. Applicability to Residential and Light Commercial Appliances
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA), as Amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 
U.S.C. 601 et. seq.
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Applicability of Executive Order 13045: Protection of 
Children From Environmental Health & Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations.

I. General Information

A. Does this action apply to me?

    Categories and entities potentially regulated by this action 
include those who own, operate, maintain, service, or repair comfort 
cooling, commercial refrigeration, and industrial process refrigeration 
appliances. Such entities include, but are not limited to, owners or 
operators of comfort cooling chillers; refrigerated warehouses; retail 
food stores, including supermarkets, grocery stores, wholesale markets, 
supercenters, and convenience stores; beverage and food manufacturers, 
distributors, and packagers; ice rinks; and other industrial process 
refrigeration applications. Regulated entities include, but are not 
limited to, the following:

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                                            North American Industry
                Category                   Classification (NAIC) Code        Examples of regulated entities
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Industrial Process Refrigeration (IPR)..  311, 325, 3118, 3254,        Owners or operators of refrigeration
                                           31212, 324110, 312111,       equipment used in the manufacture of
                                           312112, 312113, 713940.      pharmaceuticals, frozen food, dairy
                                                                        products, baked goods, food and
                                                                        beverages, petrochemicals, chemicals,
                                                                        ice rinks, ice manufacturing.
Commercial Refrigeration................  45291, 49312, 49313,         Owners or operators of refrigerated
                                           445110, 445120, 447110.      warehousing and storage facilities,
                                                                        supermarket, grocery, warehouse clubs,
                                                                        supercenters, convenience stores,
                                                                        refrigerated warehousing and storage.
Comfort Cooling.........................  72, 622, 6111, 6112, 6113,   Owners or operators of air-conditioning
                                           531312.                      equipment used in the following:
                                                                        hospitals, office buildings, colleges
                                                                        and universities, metropolitan transit
                                                                        authorities, real estate rental & leased
                                                                        properties, lodging & food services,
                                                                        property management, schools, public
                                                                        administration or other public
                                                                        institutions.
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated and 
potentially affected by this action. Other types of entities not listed 
in the table could also be affected. To determine whether your company 
is regulated by this action, you should carefully examine the 
applicability criteria contained in section 608 of the CAA Amendments 
of 1990. If you have questions regarding the applicability of this 
action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

B. What should I consider as I prepare my comments for EPA?

1. Confidential Business Information (CBI)
    Do not submit confidential business information (CBI) to EPA 
through https://www.regulations.gov or e-mail. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI information in 
a disk or CD-ROM that you mail to EPA, mark the outside of the disk or 
CD-ROM as CBI and then identify electronically within the disk or CD-
ROM the specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR 2.2.
2. Tips for Preparing Your Comments
    When submitting comments, remember to do the following:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions. The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree with the proposal; 
suggest alternatives and substitute language for your requested 
changes.
     Describe any assumptions and provide any technical 
information and/or data that you used in preparing your comments.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Section 608 of the Clean Air Act

    Section 608 of the Clean Air Act as amended (CAA, the Act), the 
National Recycling and Emissions Reduction Program, requires EPA to 
establish regulations governing the use of ozone-depleting substances 
(ODS) used as refrigerants,\1\ such as chlorofluorocarbons (CFCs) and 
hydrochlorofluorocarbons (HCFCs), during the maintenance, service, or 
disposal of appliances including air-conditioning and refrigeration 
equipment. Section 608 also prohibits any person from knowingly 
venting, or from otherwise knowingly releasing or disposing of ODS used 
as refrigerants during the maintenance, service, repair, or disposal of 
air-conditioning and refrigeration equipment.
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    \1\ Refrigerant means, for purposes of 40 CFR part 82, Subpart 
F, any substance consisting in part or whole of a class I or class 
II ozone-depleting substance that is used for heat transfer purposes 
and provides a cooling effect.
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    Section 608 is divided into three subsections. Section 608(a) 
requires EPA to promulgate regulations to reduce

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the use and emissions of class I substances (i.e., CFCs, halons, carbon 
tetrachloride, and methyl chloroform) and class II substances (i.e., 
HCFCs) to the lowest achievable level, and to maximize the recycling of 
such substances. Section 608(b) requires that the regulations 
promulgated pursuant to subsection (a) contain requirements for the 
safe disposal of class I and class II substances. Finally, section 
608(c) is a self-effectuating provision that prohibits any person from 
knowingly venting, releasing or disposing into the environment of any 
class I or class II substances, and eventually their substitutes, 
during servicing and disposal of air-conditioning or refrigeration 
appliances.
    EPA's authority to propose the requirements in this Notice of 
Proposed Rulemaking (NPRM) is based on Section 608(a), which requires 
EPA to promulgate regulations regarding use and disposal of class I and 
II substances to ``reduce the use and emission of such substances to 
the lowest achievable level'' and ``maximize the recapture and 
recycling of such substances.'' Section 608(a) further provides that 
``such regulations may include requirements to use alternative 
substances (including substances which are not class I or class II 
substances) . . . or to promote the use of safe alternatives pursuant 
to section [612] or any combination of the foregoing.''
    Section 608(c)(1) provides that, effective July 1, 1992, it is 
``unlawful for any person, in the course of maintaining, servicing, 
repairing, or disposing of an appliance or industrial process 
refrigeration, to knowingly vent or otherwise knowingly release or 
dispose of any class I or class II substance used as a refrigerant in 
such appliance (or industrial process refrigeration) in a manner which 
permits such substance to enter the environment.'' The statute exempts 
from this prohibition ``[d]e minimis releases associated with good 
faith attempts to recapture and recycle or safely dispose'' of a 
substance. To implement and enforce the venting prohibitions of this 
section, EPA, through its regulations, interprets releases to meet the 
criteria for exempted ``de minimis'' releases when they occur while the 
recycling and recovery requirements of sections 608 and 609 regulations 
are followed. Effective November 15, 1995, section 608(c)(2) of the Act 
prohibits the knowingly venting or otherwise knowingly release or 
disposal of any substitute for class I and class II substances by any 
person maintaining, servicing, repairing, or disposing of air-
conditioning and refrigeration equipment. This prohibition applies 
unless EPA determines that such venting, releasing, or disposing does 
not pose a threat to the environment.

III. Leak Repair Regulations

    Final regulations promulgated under section 608 of the Act, 
published on May 14, 1993 (58 FR 28660), established a recycling 
program for ozone-depleting refrigerants recovered during the servicing 
and maintenance of air-conditioning and refrigeration appliances. 
Together with the prohibition on venting during the maintenance, 
service, repair and disposal of class I and class II ODS (January 22, 
1991; 56 FR 2420), these regulations were intended to substantially 
reduce the use and emissions of ozone-depleting refrigerants.
    The May 14, 1993 regulations established leak repair requirements 
to further minimize emissions of class I and class II substances. The 
rule states that appliances that hold a refrigerant charge greater than 
50 pounds are subject to the leak repair requirements. An annual leak 
rate of 35 percent was established for industrial process refrigeration 
and commercial refrigeration appliances, while an annual leak rate of 
15 percent was established for comfort cooling appliances. Where the 
leak rate is exceeded, the appliance must be repaired within 30 days. 
These regulations were amended August 8, 1995, to provide greater 
flexibility to owners or operators of industrial process refrigeration 
appliances (60 FR 40419). Thus an alternative was provided that allows 
owners or operators to develop a retrofit or replacement plan within 30 
days that outlines actions to retrofit or replace the leaking appliance 
within one year. The leak repair components of the regulations (i.e., 
definitions, required practices, and associated reporting and 
recordkeeping requirements) were subsequently revised again in final 
regulations published on January 11, 2005 (70 FR 1972).
    On August 8, 1995, EPA promulgated a final rule (60 FR 40420) in 
response to a settlement agreement reached by EPA and the Chemical 
Manufacturers Association (CMA). In that settlement, EPA permitted 
owners or operators of appliances with refrigerant charges greater than 
50 pounds to take additional time, beyond 30 days, to complete repairs 
and more than one year to retrofit appliances where certain conditions 
applied (e.g., equipment located in areas subject to radiological 
contamination, unavailability of necessary parts, adherence to local or 
State laws that may hinder immediate repairs). EPA also agreed to 
clarify that purged emissions that have been captured and destroyed can 
be excluded from the leak rate calculations.
    On January 11, 2005, EPA issued a final rule (70 FR 1972) 
clarifying that the leak repair requirements apply to any refrigerant 
substitute that consists of a class I or class II ODS, and amended and 
added definitions for ``full charge'' and ``leak rate.'' The final rule 
amended the required practices and associated reporting/recordkeeping 
requirements. It also provided clarification to current leak repair 
requirements. These regulations are applicable to all owners or 
operators of comfort cooling, commercial refrigeration, and industrial 
process refrigeration (as defined at Sec.  82.152) with a refrigerant 
full charge greater than 50 pounds. Refrigerant is defined at Sec.  
82.152 as any substance consisting in part or whole of a class I or 
class II ODS that is used for heat transfer and provides a cooling 
effect. Such refrigerants include, but are not limited to, R-11, R-12, 
R-123, R-22, R-401A, R-402B, R-414B, R-500, and R-502.
    While the leak repair regulations are limited to appliances 
containing more than 50 pounds of refrigerant that leak above the leak 
repair trigger rate percentage, the leak repair requirements do not 
grant an exemption to the remainder of the refrigerant regulations at 
40 CFR part 82, subpart F. In particular, the leak repair required 
practices of Sec.  82.156 do not grant an exemption to the statutory 
venting prohibition for refrigerants or their non-ODS substitutes.
    EPA stated in Section F.--Required Practices of the original 
refrigerant recycling final rule (May 14, 1993; 58 FR 28660) that 
``knowingly venting is any release that permits a class I or class II 
substance to enter the environment and that takes place during the 
maintenance, service, repair, or disposal of air-conditioning or 
refrigeration equipment.'' In other words, the leak repair requirements 
do not allow owners or operators to ignore leaks from appliances just 
because the leak repair trigger rate has not been breached. The aim of 
the leak repair requirements is to reduce emissions of refrigerants 
from appliances by mandating repairs that adequately address the leaks 
within the appliance as a whole, within a set period of time (i.e., 30 
days). The leak repair requirements are geared to persuade owners or 
operators to retrofit or replace appliances that either have a history 
of leaking or cannot be sufficiently repaired over a period of

[[Page 78561]]

time; however, this regulatory framework does not establish an 
exemption to the venting prohibition of the Act.
    EPA is proposing changes to the existing leak repair required 
practices, in part, to provide a streamlined set of requirements for 
all owners or operators of comfort cooling, commercial, and IPR 
appliances with refrigerant (i.e., ODS) charges greater than 50 pounds. 
EPA believes that the current regulatory structure could be simplified 
by clarifying existing regulatory definitions, required practices, and 
recordkeeping and reporting requirements.
    In addition to the Agency's proposal to provide clarity to existing 
regulations, EPA is meeting the CAA Section 608(a) requirement for EPA 
to promulgate regulations to reduce the use and emissions of class I 
substances (i.e., CFCs, halons, carbon tetrachloride, and methyl 
chloroform) and class II substances (i.e., HCFCs) to the lowest 
achievable level, and to maximize the recycling of such substances by 
proposing to lower leak repair trigger rates and require appliance 
owners or operators to maintain service records that will document the 
ultimate fate of refrigerant that is recovered from appliances during 
their service and maintenance.

IV. Proposed Revisions to the Leak Repair Regulations

    This NPRM proposes changes to the leak repair regulations 
promulgated at 40 CFR part 82, subpart F. This NPRM proposes changes to 
the Subpart's purpose and scope, definitions, required practices, and 
reporting and recordkeeping sections, in order to create a streamlined 
set of leak repair requirements that are applicable to all types of 
appliances with large ozone-depleting refrigerant charges (i.e., 
greater than 50 pounds).
    Many of the provisions of this NPRM are meant to clarify existing 
requirements found at 40 CFR 82.156 and do not impose new requirements. 
For example, EPA is clarifying the following:
     The purpose and scope of the existing 40 CFR part 82, 
subpart F regulations apply to owners or operators of air conditioning 
and refrigeration equipment;
     Editing existing definitions to provide clarity and 
provide consistency with industry nomenclature;
     That leak repair trigger rates are not an exemption to the 
statutory refrigerant venting prohibition;
     That leak repair calculations are required upon addition 
of refrigerant;
     Verification of leak repair efforts is a service record, 
and should be maintained in compliance with existing recordkeeping and 
reporting requirements; and
     Defining terms that are referenced but are not defined in 
the current regulatory text.
    In addition to the clarifying aspects of today's NPRM, EPA is 
proposing to amend the existing required practices and recordkeeping 
requirements (at Sec.  82.156 and Sec.  82.166, respectively) by 
proposing the following:
     Lower applicable leak rates for currently regulated 
appliances;
     Require written verification of all repair attempts for 
comfort cooling and commercial appliances, and not just industrial 
process refrigeration equipment (as currently required);
     Exempt addition of refrigerant due to ``seasonal 
variances'' from the existing leak repair requirements;
     Allow all appliance owners/operators additional time to 
complete repairs due to unavailability of components, and not just 
industrial process refrigeration equipment (as currently required);
     Require service technicians to maintain records on the 
fate of refrigerant that is recovered from but not returned to 
appliances during service;
     Decrease the amount of time allowed for the completion of 
currently required retrofit/retirement plans.
    EPA believes that the proposed changes will meet the Clean Air Act 
requirement, at CAA 608(a)(3), for the Agency to promulgate regulations 
that reduce use and emissions of ozone-depleting to the lowest 
achievable level, and maximize the recapture and recycling of such 
substances. EPA estimates that the proposed amendments to the current 
regulatory scheme will result in total expected environmental benefits, 
in terms of avoided ODS refrigerant emissions, is approximately 316 
ozone-depleting potential (ODP) weighted tons (approximately 2.8 
million metric tons of carbon equivalent (MMTCE).
    EPA has estimated that the projected emissions of the most popular 
ozone-depleting refrigerant impacted by this NPRM, HCFC-22 (or R-22), 
between January 1, 2010 and December 31, 2019 is approximately 35,000 
ODP \2\ weighted tons. This estimate is based in part on refrigeration 
and air conditioning equipment charge sizes and leak rates. EPA 
estimates that this proposal will account for an annual emissions 
avoidance of approximately 316 ODP weighted tons or roughly 9% of the 
estimated emissions of HCFC-22 between January 1, 2010 and December 31, 
2019. Additionally, the estimated avoided emissions over a 10-year 
period of 3,160 ODP weighted tons \3\ is approximately 7 percent of the 
estimated 44,000 ODP weighted tons of all allocated HCFC emissions 
projected for the United States for this same time period. For purposes 
of a relative comparison, an estimated 316 ODP tons per year of avoided 
ODS emissions is approximately 11.5 percent of the 2,750 ODP tons that 
the U.S. has allocated for consumption of all HCFCs for 2010, and 
approximately 21 percent of the HCFCs allocated for 2015.\4\
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    \2\ The ODP is the ration of the impact on the stratospheric 
ozone layer of a chemical compared to the impact of a similar mass 
of CFC-11. Thus, the ODP of CFC-11 is defined to be 1.0.
    \3\ This is an undiscounted avoided emission.
    \4\ In accordance with the Montreal Protocol adjustments from 
2007, the 2010 consumption cap for the total basket of HCFCs in the 
United States is 3,810 ODP tons annually for the years 2010-2014 and 
1,524 ODP tons for the years 2015-2020.
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    EPA believes that the avoided emissions attributed to this NPRM 
will result in additional health benefits. The links between 
stratospheric ozone depletion and skin cancer are well established. 
Other public health concerns include cataracts and immune suppression. 
Since the appearance of an ozone hole over the Antarctic in the 1980s, 
Americans have become aware of the health threats posed by ozone 
depletion, which decreases the atmosphere's ability to protect the 
earth's surface from the sun's UV rays. The 2006 documents Scientific 
Assessment of Ozone Depletion, prepared by the Scientific Assessment 
Panel to the Montreal Protocol, and Environmental Effects of Ozone 
Depletion and its Interactions with Climate Change, prepared by the 
Environmental Effects Assessment Panel (see https://ozone.unep.org/Assessment_Panels/), provide comprehensive information regarding the 
links between emissions of ODS, ozone layer depletion, UV radiation, 
and human health effects.
    Skin cancer is the most common form of cancer in the U.S., with 
more than 1,000,000 new cases diagnosed annually (National Cancer 
Institute, ``Common Cancer Types,'' at https://www.cancer.gov.cancertopics/commoncancers). Melanoma, the most serious 
form of skin cancer, is also one of the fastest growing types of cancer 
in the U.S.; melanoma cases in this country have more than doubled in 
the past two decades, and the rise is expected to continue (Ries, L., 
Eisner, M.P., Kosary, C.L., et al., eds. SEER Cancer Statistics Review, 
1973-1999.

[[Page 78562]]

Vol 2003. Bethesda (MD): National Cancer Institute; 2002). In 2007, 
invasive melanoma was expected to strike more than 59,000 Americans and 
kill more than 8,000 (National Cancer Institute, ``Melanomas,'' at 
https://www.cancer.gov.cancertopics/types/melanoma).
    Nonmelanoma skin cancers are less deadly than melanomas. 
Nevertheless, left untreated, they can spread, causing disfigurement 
and more serious health problems. There are two primary types of 
nonmelanoma skin cancers. Basal cell carcinomas are the most common 
type of skin cancer tumors. They usually appear as small, fleshy bumps 
or nodules on the head and neck, but can occur on other skin areas. 
Basal cell carcinoma grows slowly, and rarely spreads to other parts of 
the body. It can, however, penetrate to the bone and cause considerable 
damage. Squamous cell carcinomas are tumors that may appear as nodules 
or as red, scaly patches. This cancer can develop into large masses, 
and unlike basal cell carcinoma, it can spread to other parts of the 
body. Other UV-related skin disorders include actinic keratoses and 
premature aging of the skin. Actinic keratoses are skin growths that 
occur on body areas exposed to the sun. The face, hands, forearms, and 
the ``V'' of the neck are especially susceptible to this type of 
lesion. Although premalignant, actinic keratoses are a risk factor for 
squamous cell carcinoma. Chronic exposure to the sun also causes 
premature aging, which over time can make the skin become thick, 
wrinkled, and leathery.
    Cataracts are a form of eye damage in which a loss of transparency 
in the lens of the eye clouds vision. If left untreated, cataracts can 
lead to blindness. Research has shown that UV radiation increases the 
likelihood of certain cataracts. Although curable with modern eye 
surgery, cataracts diminish the eyesight of millions of Americans. 
Other kinds of eye damage include pterygium (i.e., tissue growth that 
can block vision), skin cancer around the eyes, and degeneration of the 
macula (i.e., the part of the retina where visual perception is most 
acute).

A. Purpose and Scope

    Currently, EPA describes the purpose of Subpart F as an effort to 
reduce emissions of class I and class II refrigerants and their 
substitutes to the lowest achievable level by maximizing the recapture 
and recycling of such refrigerants during the service, maintenance, 
repair, and disposal of appliances and restricting the sale of 
refrigerants consisting in whole or in part of a class I or class II 
ODS in accordance with Title VI of the Clean Air Act. The regulations 
are applicable to any person servicing, maintaining, or repairing 
appliances. This subpart also applies to persons disposing of 
appliances, including small appliances and motor vehicle air 
conditioners. In addition, this subpart applies to refrigerant 
reclaimers, technician certifying programs, appliance owners or 
operators, manufacturers of appliances, manufacturers of recycling and 
recovery equipment, approved recycling and recovery equipment testing 
organizations, persons selling class I or class II refrigerants or 
offering class I or class II refrigerants for sale, and persons 
purchasing class I or class II refrigerants (69 FR 11978; March 12, 
2004).
    EPA wishes to clarify that the regulations also apply persons using 
refrigerants who are owners or operators of appliances with large 
refrigerant charges. It is not the intent of the Subpart F regulations 
to exclude such persons; therefore, the Agency proposes to add ``use'' 
to paragraph (a) of the Purpose and Scope section to read as follows:

    The purpose and scope of this subpart is to reduce the use and 
emissions of ozone-depleting refrigerants to the lowest achievable 
level and encourage the use of substitutes, by maximizing the 
recapture and recycling of such ozone-depleting substances during 
the use, service, maintenance, repair, and disposal of appliances 
and by restricting the sale of refrigerants in accordance with Title 
VI of the Clean Air Act.

    EPA requests comment on the inclusion of users to the purpose and 
scope of Subpart F, specifically as it applies to the leak repair 
provisions for appliances with ozone-depleting refrigerant charges 
greater than 50 pounds.

B. Definitions

1. Comfort Cooling Appliance
    The leak repair requirements have placed refrigeration and air-
conditioning equipment (i.e., appliances) into three categories: 
comfort cooling (air-conditioning), commercial refrigeration, and 
industrial process refrigeration appliances. However, EPA has not 
included a definition of comfort cooling appliance in Subpart F at 
Sec.  82.152. EPA has relied on equipment that the Agency believes is 
commonly recognized as ``chillers'' and light commercial heating, 
ventilation, and air-conditioning systems that provide cooling and/or 
humidity control. They may be used for the comfort of occupants or for 
climate control to protect equipment within a facility, such as in 
computer rooms.
    For purposes of the leak repair requirements, comfort cooling 
appliances include air-conditioning systems that use refrigerant (with 
charge sizes greater than 50 pounds) to transfer heat in order to 
control heat and/or humidity in a facility, such as a commercial office 
building. EPA considers the sum of all of the cooling system's 
components as an appliance, meaning that the major components that make 
up the refrigerant circuit such as the compressor, heat exchangers 
(condenser and evaporator), and expansion valves are all part of the 
comfort cooling appliance. Comfort cooling appliances are also 
comprised of other components such as receivers, filter driers, pumps, 
manifolds, oil separators, and associated piping.
    In order to provide greater clarity to the existing leak repair 
provisions, EPA proposes to add a definition for comfort cooling 
appliance at Sec.  82.152 that reads as follows: ``Comfort cooling 
appliance means any air-conditioning appliance used to provide cooling 
in order to control heat and/or humidity in facilities, such as office 
buildings and computer rooms. Comfort cooling appliances include 
building chillers, as well as roof-top self-contained units typically 
used to cool small to medium-size office and light commercial 
buildings. Chillers that would be subject to the leak repair 
requirements include, but are not limited to, those using R-12, R-11, 
and R-123. Self-contained units that provide comfort cooling that would 
be captured by the proposed definition of comfort cooling appliance 
include, but are not limited to, those using R-22.'' EPA seeks comment 
on the applicability of the proposed definition of comfort cooling 
appliance to air-conditioning equipment that is typically used to 
provide cooling/humidity controlled environments.
2. Commercial Refrigeration Appliance
    For the purposes of the leak repair requirements, EPA currently 
defines commercial refrigeration appliance as:

    The refrigeration appliances used in the retail food and cold 
storage warehouse sectors. Retail includes the refrigeration 
equipment found in supermarkets, convenience stores, restaurants and 
other food service establishments. Cold storage includes the 
equipment used to store meat, produce, dairy products, and other 
perishable goods. All of the equipment contains large refrigerant 
charges, typically over 75 pounds.

    EPA's definition of commercial refrigeration appliance is not 
limited to the supermarket and grocery store refrigeration systems used 
to store perishable food items. The definition

[[Page 78563]]

also includes appliances using ozone-depleting refrigerants that are 
used to store or warehouse perishable goods or any other product 
requiring temperature controlled storage. Such appliances may be found 
in industrial settings where a manufactured product requires cold 
storage, but the appliance itself would not be considered as an 
industrial process refrigeration appliance.
    EPA proposes to amend the definition of commercial refrigeration to 
remove any ambiguity concerning the types of appliances that are 
subject to the leak repair regulations. The last sentence of the 
current definition at Sec.  82.152 states, that all of the equipment 
contains large refrigerant charges, typically over 75 pounds. While 
accurate, this sentence has caused some confusion as to whether or not 
the leak repair requirements are applicable to appliances with a full 
charge of more than 50 pounds as stated in the leak repair required 
practices or 75 pounds as referenced in the definition of commercial 
refrigeration appliance. EPA proposes to remove the 75 pound reference 
from the last sentence of the definition. The Agency feels that it is 
not required since the threshold for the leak repair requirements is a 
refrigerant charge greater than 50 pounds. EPA seeks comment on whether 
the proposed amendment to the definition provides greater clarity to 
the definition of commercial refrigeration appliance and reduces 
uncertainty regarding the applicability of the leak repair provisions.
    Over the past several years, EPA has received questions from the 
grocery and supermarket sector concerning what constitutes a commercial 
refrigeration appliance. EPA reminds readers that commercial 
refrigeration appliances typically found in grocery stores and 
supermarkets are not limited to what is typically referred to as ``a 
rack'' or ``compressor rack,'' but include the ``rack system.'' This 
means that all of the major refrigeration components making up the 
refrigerant circuit that are typically found in supermarket 
refrigeration equipment, including the condenser, compressor rack, 
receiver, evaporator, filter driers, and liquid and suction manifolds 
comprise the commercial refrigeration appliance. The commercial 
refrigeration appliance also includes the display cases, walk-in 
coolers and freezers, field and rack piping, valves, and regulators. 
EPA will clarify later in this action when retrofits or retirements of 
commercial refrigeration appliances are required in the commercial 
refrigeration sector.
    EPA's proposed definition of commercial refrigeration appliance 
means any refrigeration appliance used to store perishable goods in 
retail food, cold storage warehousing, or any other sector requiring 
cold storage. Retail food includes the refrigeration equipment found in 
supermarkets, grocery and convenience stores, restaurants, and other 
food service establishments. Cold storage includes the refrigeration 
equipment used to house perishable goods or any manufactured product 
requiring refrigerated storage. EPA requests comment on the definition 
of commercial refrigeration appliance. Specifically, EPA seeks comments 
on the inclusion of the compressor rack system in the Agency's current 
interpretation of what comprises a commercial refrigeration appliance.
3. Critical (Appliance) Component
    EPA currently defines critical component as a component without 
which industrial process refrigeration equipment will not function, 
will be unsafe in its intended environment, and/or will be subject to 
failures that would cause the industrial process served by the 
refrigeration appliance to be unsafe. EPA is considering changing the 
definition to delete the term ``critical'' and simply define 
``component.'' EPA is also proposing to delete the safety aspect from 
the definition, because the Agency believes that while safety is vital, 
it should not be used as a means of distinguishing what meets the 
proposed revised definition of ``component.'' EPA considers components 
as the major parts of the appliance that typically make up the 
refrigerant circuit such as the compressor, heat exchangers (condenser 
and evaporator), and valves (e.g., heat recovery, expansion, charging). 
Other components may include receivers, manifolds, filter driers, and 
refrigerant piping. EPA believes that the meaning of the definition can 
be presented without necessarily classifying the component as critical.
    The current definition of critical component has implications for 
the leak repair requirements, because owners or operators of industrial 
process refrigeration appliances may be granted additional time to make 
repairs, if they can show that repairs cannot be completed within 
specified timelines due to the amount of time needed to deliver 
components or their subassemblies. Later in this action, EPA proposes 
changes to the leak repair requirements that will allow changes to the 
individual refrigeration appliance components in lieu of retirement of 
an entire appliance. In addition, EPA is seeking a consistent set of 
regulations for all types of appliances. The unavailability of 
components is not a situation that is unique to owners or operators of 
industrial process refrigeration appliances. EPA believes that owners 
or operators of comfort cooling and commercial refrigeration appliances 
should be granted the same flexibility as owners of industrial process 
refrigeration appliances when requesting additional time to make 
repairs due to the unavailability of components. Having similar 
requirements for all affected appliances also provides for a more 
consistent set of regulations that should reduce the level of 
complexity inherent in the current leak repair regulations.
    Therefore, EPA is proposing to change the definition so that it is 
not limited to industrial process refrigeration appliances, but also 
includes comfort cooling and commercial refrigeration appliances. EPA 
proposes to replace the current definition of ``critical component'' 
with ``component,'' which will mean an essential appliance component, 
without which the appliance will not function (e.g., compressor, 
condenser, evaporator). EPA seeks comment on the proposed change to the 
definition of critical component.
4. Initial and Follow-Up Verification Tests
    Current leak repair requirements at Sec.  82.156 mandate the 
validation of repairs by both an initial verification and a follow-up 
verification. The purpose of the initial verification test is to make 
certain that appliance owners or operators instruct service contractors 
and technicians to verify repairs as soon as possible, after conclusion 
of repairs. EPA currently defines the term at Sec.  82.152 to read in 
part: ``those leak tests that are conducted as soon as practicable 
after the repair is completed. An initial verification test, with 
regard to the leak repairs that require the evacuation of the appliance 
or portion of the appliance, means a test conducted prior to the 
replacement of the full refrigerant charge and before the appliance or 
portion of the appliance has reached operation at normal operating 
characteristics and conditions of temperature and pressure. An initial 
verification test with regard to repairs conducted without the 
evacuation of the refrigerant charge means a test conducted as soon as 
practicable after the conclusion of the repair work.''
    The purpose of the follow-up verification is to make certain that 
service personnel return to check the efficacy of repair efforts after 
the appliance is operating under normal operational characteristics and

[[Page 78564]]

conditions. Follow-up verification tests involve the additional 
verification of repairs by checking the repairs within 30 days of the 
appliance's returning to normal operating characteristics and 
conditions. EPA currently defines the term at Sec.  82.152 to read in 
part: ``those tests that involve checking the repairs within 30 days of 
the appliance's returning to normal operating characteristics and 
conditions. Follow-up verification tests for appliances from which the 
refrigerant charge has been evacuated means a test conducted after the 
appliance or portion of the appliance has resumed operation at normal 
operating characteristics and conditions of temperature and pressure, 
except in cases where sound professional judgment dictates that these 
tests will be more meaningful if performed prior to the return to 
normal operating characteristics and conditions. A follow-up 
verification test with respect to repairs conducted without evacuation 
of the refrigerant charge means an additional verification test 
conducted after the initial verification test and usually within 30 
days of normal operating conditions. Where an appliance is not 
evacuated, it is only necessary to conclude any required changes in 
pressure, temperature or other conditions to return the appliance to 
normal operating characteristics and conditions.''
    EPA believes that it is common practice for technicians and 
contractors to perform verification immediately upon completion of 
repairs; however, it has been reported to EPA that many owners or 
operators have follow-up verifications performed immediately upon 
completion of the initial verification. The intent of the follow-up 
verification is for appliance owners or operators to conduct 
verification of repairs after the appliance has operated under normal 
conditions over an extended period of time (but no longer than 30 
days), in order to ensure that the repairs hold under normal operating 
conditions.
    EPA is proposing to amend the definition of follow-up verification 
to reduce the likelihood of repeat repair attempts and subsequent 
releases of refrigerant by making the tests applicable to comfort 
cooling and commercial refrigeration appliances as well as industrial 
process refrigeration appliances. EPA proposes to require owners or 
operators of commercial, comfort cooling, and industrial process 
refrigeration appliances with refrigerant charges greater than 50 
pounds to perform follow-up verifications after the repaired appliance 
has operated under normal conditions for an extended period of time. 
EPA proposes that once the appliance returns to normal operating 
characteristics and conditions, that follow-up verification tests occur 
no sooner than one full day (i.e., 24 hours) after the repairs to the 
leaking appliance have been completed, but within 30 days of the 
appliance repair. EPA is proposing a definition that reads:
    Follow-up verification test means a test that validates the 
effectiveness of repairs within 30 days of the appliance's return to 
normal operating characteristics and conditions but no sooner than 24 
hours after completion of repairs. Follow-up verification tests 
include, but are not limited to, the use of soap bubbles, electronic or 
ultrasonic leak detectors, pressure or vacuum tests, fluorescent dye 
and black light, infrared or near infrared tests, and handheld gas 
detection devices.
    While EPA is not specifying one specific test to satisfy the 
definition of follow-up verification, the Agency is including in the 
proposed definition several means of conducting verification tests. 
These methods are not meant to be all-inclusive, but are intended to 
provide examples of known methodologies of performing leak repair 
verification tests.
    EPA provides additional discussion of both initial and follow-up 
verification tests and the proposal to extend the requirement to 
perform such tests to comfort cooling and commercial refrigeration 
appliances in Section C.4 of today's proposed rule. EPA requests 
comment on the proposed amendment to the definition of follow-up 
verification. In particular, the Agency is asking for public comment on 
the selection of 24 hours as an appropriate amount of time, at a 
minimum, that must transpire before owners or operators have follow-up 
verification tests performed on appliances that are subject to the leak 
repair requirements.
5. Full Charge and Seasonal Variance
    Compliance with the leak repair requirements requires calculating 
both the full charge of the appliance and the leak rate. By definition 
of leak rate (at Sec.  82.152), appliance owners or operators cannot 
make a determination of the leak rate without knowledge of the 
appliance's full charge. EPA has provided flexibility in the 
determination of full charge by allowing appliance owners or operators 
to select from an array of options in determining the full charge. EPA 
has never mandated one particular method, and in fact relies on the 
appliance owner or operator's determination of the appliance's full 
charge.
    EPA currently defines full charge at Sec.  82.152 as: ``the amount 
of refrigerant required for normal operating characteristics and 
conditions of the appliance as determined by using one or a combination 
of the following four methods: (1) Use the equipment manufacturer's 
determination of the correct full charge for the equipment; (2) 
Determine the full charge by making appropriate calculations based on 
component sizes, density of refrigerant, volume of piping, and other 
relevant considerations; (3) Use actual measurements of the amount of 
refrigerant added or evacuated from the appliance; and/or (4) Use an 
established range based on the best available data regarding the normal 
operating characteristics and conditions for the appliance, where the 
midpoint of the range will serve as the full charge, and where records 
are maintained in accordance with Sec.  82.166(q).''
    EPA believes that the four methods allow owners or operators to 
either rely on manufacturer's data, actual refrigerant weights, or 
their own engineering and operating experience with their appliances in 
order to determine the full charge. EPA understands that in some 
instances manufacturer's data might not be available. The Agency also 
understands that some appliances, such as commercial refrigeration and 
industrial process refrigeration appliances, are unique in nature and 
erected in the field, and that attempts to shutdown operations in order 
to recover and weigh the refrigerant charge may not always be practical 
for these appliances.
    EPA believes that an option allowing a combination of methodologies 
is not in line with one of the goals of this NPRM to create a 
streamlined set of regulatory requirements. Therefore, EPA seeks 
comment on the proposal to remove the option of allowing a combination 
of the methods, while continuing to allow owners or operators to use 
any one method of their choosing in determining the full charge.
    EPA believes that records documenting the determination of the full 
charge should be maintained. This is especially true in instances where 
the owner or operator is relying on calculations or engineering 
estimates to determine the full charge. The leak repair requirements 
currently have such a requirement, but only for those owners or 
operators choosing to determine the full charge by using an established 
range in their estimate. Therefore, EPA is proposing a change in the 
definition of full charge that requires the maintenance of a written 
record documenting the determination of the

[[Page 78565]]

full charge, regardless of the means used to make such a determination. 
EPA does not believe that this proposed change will result in 
additional burden since owners or operators must determine the full 
charge of the appliance in order to comply with the existing leak 
repair required practices, at Sec.  82.156. By definition (of leak rate 
at Sec.  82.152) owners or operators would need to make a determination 
of the equipment's full charge in order to determine steps required to 
comply with existing regulations. EPA requests comment on its assertion 
that the proposed definition of leak rate will not pose additional 
burden, since owners or operators would need to make a determination of 
the equipment's full charge in order to determine steps required to 
comply with existing regulations. Further discussion on the 
recordkeeping requirement for determination of the full charge is 
provided in Section D.4.
    Owners or operators of commercial and industrial process 
refrigeration appliances have expressed concerns that the full charge 
may not be accurately determined due to seasonal variances that may 
alter the amount of refrigerant in an appliance. Ambient conditions and 
other factors may affect the amount of refrigerant in certain appliance 
components, but such variances do not mean that the full charge cannot 
be determined. EPA believes that owners or operators can estimate the 
effect that seasonal variances have on appliance components by making 
calculations based on component sizes, density of refrigerant, volume 
of piping, and other relevant considerations. While seasonal variances 
in ambient temperature and pressure have the effect of forcing 
refrigerant to different appliance components (for example, from an 
appliance's receiver to the condenser), the Agency does not support the 
notion that seasonal variances cause the refrigerant to be emitted to 
the atmosphere.
    EPA believes that regulatory flexibility should be considered as a 
regulatory option by allowing owners or operators to take seasonal 
variances into account in determining the full charge, EPA is proposing 
to amend the second option by including seasonal variances as well as 
other relevant considerations. EPA is also proposing to add a 
definition for seasonal variance, at Sec.  82.152, that reads: The need 
to add refrigerant to an appliance due to a change in ambient 
conditions caused by a change in season, followed by the subsequent 
removal of refrigerant in the corresponding change in season, where 
both the addition and removal of refrigerant occurs within one 
consecutive 12-month period.
    The proposed definition of ``full charge'' means the amount of 
refrigerant required for normal operating characteristics and 
conditions of the appliance, as determined by using one of the 
following four methods: (1) Use the equipment manufacturer's 
determination of the full charge; (2) Use appropriate calculations 
based on component sizes, density of refrigerant, volume of piping, 
seasonal variances, and other relevant considerations; (3) Use actual 
measurements of the amount of refrigerant added or evacuated from the 
appliance; or (4) Use an established range based on the best available 
data regarding the normal operating characteristics and conditions for 
the appliance, where the midpoint of the range will serve as the full 
charge. EPA intends for owners or operators of affected appliances to 
commit to one methodology in determining the full charge for the life 
of the appliance. EPA seeks comment on whether the proposed changes 
have any impact or burden on an owner or operator's ability to 
determine the full charge.
6. Industrial Process Refrigeration
    Industrial process refrigeration appliances include a vast array of 
refrigeration equipment used in manufacturing or production processes. 
Such appliances may be used to generate electricity, process or create 
food and beverages, manufacture pharmaceuticals or chemicals, or in any 
other process that is essential to the manufacture of an end product. 
EPA differentiates industrial process refrigeration from comfort 
cooling or commercial refrigeration appliances in that the end product 
cannot be completely manufactured in the absence of such refrigeration 
appliances. Currently, the definition of industrial process 
refrigeration reads:

    Industrial process refrigeration means, for the purposes of 
Sec.  82.156(i), complex customized appliances used in the chemical, 
pharmaceutical, petrochemical and manufacturing industries. These 
appliances are directly linked to the industrial process. This 
sector also includes industrial ice machines, appliances used 
directly in the generation of electricity, and ice rinks. Where one 
appliance is used for both industrial process refrigeration and 
other applications, it will be considered industrial process 
refrigeration equipment if 50 percent or more of its operating 
capacity is used for industrial process refrigeration.

    EPA is proposing to clarify that the definition of industrial 
process refrigeration includes the industrial process refrigeration 
appliances found in an array of manufacturing industries. In addition, 
EPA does not see a need to cross-reference the required practices in 
the definition and is also proposing to remove the cross-reference to 
Sec.  82.156(i). The proposed definition of ``industrial process 
refrigeration appliance'' means refrigeration equipment, that may be 
complex or customized, that is used in a manufacturing process. 
Industrial process refrigeration appliances include refrigeration 
equipment that is directly linked to a manufacturing process, including 
but not limited to appliances used in the chemical; pharmaceutical; 
petrochemical; food or beverage manufacturing, packaging or processing; 
power generation; and industrial ice manufacturing industries. Where 
one appliance is used for both industrial process refrigeration and 
another type of refrigeration or air-conditioning application, the 
appliance will be considered an industrial process refrigeration 
appliance if 50 percent or more of its operating capacity is used for 
industrial process refrigeration. EPA views these amendments as 
clarifications and not as substantive changes from the current 
definition. However, EPA seeks public comment on the proposed 
clarifications.
    EPA is proposing a parallel change to the definition of industrial 
process shutdown by removing the reference to Sec.  82.156(i). As noted 
above, EPA does not see the need to cross-reference required practices 
in the definition. Further discussion of the deletion of the definition 
of industrial process shutdown is provided in section C.5, ``Extension 
to repair and retrofit and retirement timelines,'' of today's NPRM.
7. Leak Rate
    EPA published a final rule on leak repair (January 11, 2005; 70 FR 
1975) that discussed in detail the advantages and disadvantages of 
using the EPA annualized method or rolling average method as described 
in the definition of ``leak rate'' at Sec.  82.152. EPA believes that 
there are advantages and disadvantages to each approach. The 
annualizing method may capture some leaks more quickly than the rolling 
average, and in some instances may cause a delay in repairs by owners 
or operators whose appliances leak slowly but show no signs of leakage 
until a relatively large percentage of the refrigerant charge has been 
lost. Whereas, the rolling average method may capture sudden leaks more 
quickly than the annualizing method and may permit owners or operators 
to delay repair of certain types of leaks longer than the annualizing 
method. The current definition of ``leak repair''

[[Page 78566]]

contains two methods. Method 1--The Annualizing Method is summarized as 
follows:
[GRAPHIC] [TIFF OMITTED] TP15DE10.012

This method does not allow for the time period over which leaks are 
evaluated to extend beyond 365 days, because it annualizes by 
multiplying the percentage of refrigerant lost by the shorter of the 
number of days since refrigerant was last added to the appliance or 365 
days. Method 2--The Rolling Average Method is summarized as follows:
[GRAPHIC] [TIFF OMITTED] TP15DE10.013

Similarly, this method does not allow for the time period over which 
leaks are evaluated to extend beyond 365 days, because it aggregates 
the amount of refrigerant added to the appliance over the past 365 days 
or since the last time that repairs were made if that period is less 
than one year.
    In an effort to provide greater clarity to the leak repair 
requirements, EPA is proposing to change the definition of leak rate by 
removing the annualizing method (i.e., Method 1). EPA understands that 
many appliance owners or operators have chosen to use the Annualizing 
Method; however, EPA believes that the Rolling Average Method is more 
in line with what most in the regulated community would consider as a 
true rolling average. It takes a true snapshot of the amount of 
refrigerant that is added to an appliance over a consecutive 12-month 
period by simply looking at the ratio of the amount of refrigerant 
added over the last consecutive 12-month period and the full charge. 
EPA requests comment on the exclusive use of the rolling average method 
in defining the term ``leak rate.''
    EPA has considered an option to maintain the current definition of 
leak rate, but believes that the current leak repair requirements raise 
the question of when a leak event ceases. In other words, when does the 
leak repair clock start over? While the definition of leak rate is 
limited to a consecutive 12-month period, there is no linkage to an 
event that would show due diligence in making repairs or verification 
that the repairs did indeed hold, thus providing a rationale for 
closing the leak event. EPA believes that such rationale is found in 
the verification of repairs. The leak repair clock for a leak event 
should be stopped after successful initial verification and follow-up 
verification and documentation of repairs for all leaks. EPA is 
propos