Protection of Stratospheric Ozone: Update to the Refrigerant Management Requirements Under the Clean Air Act, 69457-69558 [2015-26946]

Download as PDF Vol. 80 Monday, No. 216 November 9, 2015 Part III Environmental Protection Agency srobinson on DSK5SPTVN1PROD with PROPOSALS3 40 CFR Part 82 Protection of Stratospheric Ozone: Update to the Refrigerant Management Requirements Under the Clean Air Act; Proposed Rule VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\09NOP3.SGM 09NOP3 69458 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA–HQ–OAR–2015–0453; FRL–9933–48– OAR] RIN 2060–AS51 Protection of Stratospheric Ozone: Update to the Refrigerant Management Requirements Under the Clean Air Act Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Clean Air Act prohibits the knowing release of ozone-depleting and substitute refrigerants during the course of maintaining, servicing, repairing, or disposing of appliances or industrial process refrigeration. The existing regulations require that persons servicing or disposing of airconditioning and refrigeration equipment observe certain service practices that reduce emissions of ozone-depleting refrigerant. This proposed rule would update those existing requirements as well as extend them, as appropriate, to non-ozonedepleting substitute refrigerants, such as hydrofluorocarbons. The proposed updates include strengthening leak repair requirements, establishing recordkeeping requirements for the disposal of appliances containing five to 50 pounds of refrigerant, changes to the technician certification program, and changes for improved readability, compliance, and restructuring of the requirements. As a result, this action would reduce emissions of ozonedepleting substances and gases with high global warming potentials. DATES: Comments must be received on or before January 8, 2016. Any party requesting a public hearing must notify the contact listed below under FOR FURTHER INFORMATION CONTACT by 5 p.m. Eastern Daylight Time on November 16, 2015. If a public hearing is requested, the hearing will be held on or around November 24, 2015. If a hearing is held, it will take place at EPA headquarters in Washington, DC. EPA will post a notice on our Web site, www.epa.gov/ozone/ strathome.html, announcing further information should a hearing take place. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before December 9, 2015. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– srobinson on DSK5SPTVN1PROD with PROPOSALS3 SUMMARY: VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 OAR–2015–0453, to the Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https:// www2.epa.gov/dockets/commentingepa-dockets. FOR FURTHER INFORMATION CONTACT: Luke Hall-Jordan, Stratospheric Protection Division, Office of Atmospheric Programs, Mail Code 6205T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number (202) 343–9591; email address hall-jordan.luke@epa.gov. You may also visit www.epa.gov/ozone/title6/608 for further information about refrigerant management, other Stratospheric Ozone Protection regulations, the science of ozone layer depletion, and related topics. SUPPLEMENTARY INFORMATION: Table of Contents I. General Information A. Does this action apply to me? B. What action is the Agency taking? C. What is the Agency’s authority for taking this action? D. What are the incremental costs and benefits of this action? II. Background A. What are ozone-depleting substances? B. What is the National Recycling and Emission Reduction Program? C. What developments have occurred since EPA first established the National Recycling and Emission Reduction Program? D. What are the goals of this proposed rule? E. Stakeholder Engagement F. What are the major changes EPA is proposing? III. The Clean Air Act and EPA’s Authority for the Proposed Revisions IV. The Proposed Rule A. Proposed Changes to the Definitions in Section 82.152 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 B. Proposed Changes to the Venting Prohibition in Section 82.154(a) C. Proposed Changes to the Refrigerant and Appliance Sales Restrictions in Section 82.154 D. Proposed Changes to the Evacuation Requirements in Section 82.156 E. Proposed Changes to the Safe Disposal Provisions in Section 82.156(f) F. Proposed Changes to Leak Repair Requirements in Section 82.156(i) G. Proposed Changes to the Standards for Recovery and/or Recycling Equipment in Section 82.158 H. Proposed Changes for Equipment Testing Organizations in Section 82.160 I. Proposed Changes to the Technician Certification Requirements in Section 82.161 J. Proposed Changes to the Technician Certification Program Requirements in Section 82.161 K. Proposed Changes to the Reclamation Requirements in Section 82.164 L. Proposed Changes to the Recordkeeping and Reporting Requirements in Section 82.166 M. Proposed Effective and Compliance Dates V. Economic Analysis VI. Possible Future Changes to Subpart F A. Appliance Maintenance and Leak Repair B. Refrigerant Reclamation C. Safe Disposal of Small Appliances, MVACs, and MVAC-Like Appliances D. Technician Certification VII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act and 1 CFR part 51 J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations List of Acronyms AHEF—Atmospheric and Health Effects Framework model AHRI—Air Conditioning, Heating, and Refrigeration Institute ARI—Air Conditioning and Refrigeration Institute (now AHRI) ASHRAE—American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. CAA—Clean Air Act CARB—California Air Resources Board CBI—Confidential business information E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules ODP—Ozone depletion potential ODS—Ozone-depleting substance PFC—Perfluorocarbon RMP—Refrigerant Management Program SCAQMD—South Coast Air Quality Management District SNAP—Significant New Alternatives Policy UL—Underwriters Laboratories CFC—Chlorofluorocarbon CO2—Carbon dioxide GHG—Greenhouse gas GWP—Global warming potential HCFC—Hydrochlorofluorocarbon HFC—Hydrofluorocarbon HFO—Hydrofluoroolefin IPCC—Intergovernmental Panel on Climate Change IPR—Industrial process refrigeration MMTCO2eq—Million metric tons carbon dioxide equivalent MVAC—Motor vehicle air conditioner NAICS—North American Industry Classification System I. General Information Categories and entities potentially regulated by this action include those Industrial Process 111, 11251, 11511, 21111, 2211, 2212, Refrigeration (IPR). 2213, 311, 3121, 3221, 3222, 32311, 32411, 3251, 32512, 3252, 3253, 32541, 3256, 3259, 3261, 3262, 3324, 3328, 33324, 33341, 33361, 3341, 3344, 3345, 3346, 3364, 33911, 339999. Commercial Refrig42374, 42393, 42399, 4242, 4244, eration. 42459, 42469, 42481, 42493, 4451, 4452, 45291, 48422, 4885, 4931, 49312, 72231. Comfort Cooling ...... 45211, 45299, 453998, 512, 522, 524, 531, 5417, 551, 561, 6111, 6112, 6113, 61151, 622, 7121, 71394, 721, 722, 813, 92. 238220, 81131, 811412 ........................ Disposers and Recyclers of Appliances. Refrigerant Wholesalers. Certifying Organizations. srobinson on DSK5SPTVN1PROD with PROPOSALS3 Plumbing, Heating, and Air-Conditioning Contractors. Manufacturers and Distributors of Small Cans of Refrigerant. Reclaimers .............. 423990, 562212, 562920 ...................... Examples of regulated entities Owners or operators of refrigeration equipment used in agriculture and crop production, oil and gas extraction, ice rinks, and the manufacture of frozen food, dairy products, food and beverages, ice, petrochemicals, chemicals, machinery, medical equipment, plastics, paper, and electronics. Owners or operators of refrigerated warehousing and storage facilities, supermarkets, grocery stores, warehouse clubs, supercenters, convenience stores, and refrigerated transport. Owners or operators of air-conditioning equipment used in the following: Hospitals, office buildings, colleges and universities, metropolitan transit authorities, real estate rental & leased properties, lodging and food services, property management, schools, and public administration or other public institutions. Plumbing, heating, and air-conditioning contractors, and refrigerant recovery contractors. 325120, 441310, 447110 ...................... Automotive parts and accessories stores and industrial gas manufacturers. 325120, 423930, 562212. Industrial gas manufacturers, recyclable material merchant wholesalers, materials recovery facilities, solid waste landfills, and other chemical and allied products merchant wholesalers. Materials recovery facilities, solid waste landfills, and other miscellaneous durable goods merchant wholesalers. 424690, 562920, 325120, 42, 424690 .............................. 541380 ................................................... This table is not intended to be exhaustive, but rather provides a guide for readers regarding the types of entities that could potentially be regulated by this action. Other types of entities not listed in the table could also be affected. To determine whether your facility, company, business organization, or other entity is regulated by this action, you should carefully examine the applicability criteria contained in section 608 of the Clean Air Act (CAA or the Act) as amended and this proposed rule. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the FOR FURTHER INFORMATION CONTACT section. VerDate Sep<11>2014 who own, operate, maintain, service, repair, recycle or dispose of refrigeration and air-conditioning appliances and refrigerants, as well as entities that manufacture or sell refrigerants, products and services for the refrigeration and air-conditioning industry. Regulated entities include, but are not limited to, the following: A. Does this action apply to me? North American Industry Classification System (NAICS) Code Category 69459 05:04 Nov 07, 2015 Jkt 238001 Industrial gas manufacturers, other chemical and allied products merchant wholesalers, wholesale trade. Environmental test laboratories and services. B. What action is the Agency taking? The existing regulations require that persons servicing or disposing of airconditioning and refrigeration equipment observe certain service practices that reduce emissions of ozone-depleting refrigerant. Specifically, these provisions include: Requiring that technicians be certified to work on appliances; restricting the sale of refrigerant to certified technicians; specifying the proper evacuation levels before opening up an appliance; requiring the use of certified refrigerant recovery and/or recycling equipment; requiring the maintenance and repair of appliances that meet certain size and leak rate thresholds; PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 requiring that ozone-depleting refrigerants be removed from appliances prior to disposal; requiring that airconditioning and refrigeration equipment be provided with a servicing aperture or process stub to facilitate refrigerant recovery; requiring that refrigerant reclaimers be certified in order to reclaim and sell used refrigerant; and establishing standards for technician certification programs, recovery equipment, and quality of reclaimed refrigerant. This rule proposes to update the existing requirements in 40 CFR part 82, subpart F (subpart F) that currently apply to ozone-depleting refrigerants and then extend those requirements, as E:\FR\FM\09NOP3.SGM 09NOP3 69460 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules appropriate, to non-ozone-depleting substitute refrigerants, including but not limited to hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs). This rule would also streamline the regulations to improve clarity. srobinson on DSK5SPTVN1PROD with PROPOSALS3 C. What is the Agency's authority for taking this action? EPA is proposing these revisions to the National Recycling and Emission Reduction Program found at 40 CFR part 82, subpart F under the authority of section 608 of the CAA. More detail on EPA’s authority for this action is provided in the following sections. To summarize briefly, section 608(a) requires EPA to promulgate regulations regarding the use and disposal of ozonedepleting substances (ODS) that reduce the use and emissions of such substances to the lowest achievable level, and to maximize the recapturing and recycling of such substances. Section 608(c) prohibits any person from knowingly venting, releasing, or disposing into the environment any ozone-depleting or substitute refrigerant in the course of maintaining, servicing, repairing, or disposing of airconditioning or refrigeration appliances or industrial process refrigeration (IPR). In addition, EPA’s authority for this rulemaking is supplemented by section 301(a) which provides authority to ‘‘prescribe such regulations as are necessary to carry out [the EPA Administrator’s] functions under this Act’’ and section 114 which provides authority for the EPA Administrator to require recordkeeping and reporting in carrying out any provision of the CAA (with certain exceptions that do not apply here). D. What are the incremental costs and benefits of this action? The revisions proposed here would require certain businesses to take actions that would have financial costs, such as conducting leak inspections, repairing leaks, and keeping records. The Agency has performed an analysis to estimate the impact on the entire United States economy associated with the proposed regulatory changes. Total incremental compliance costs associated with this proposed rule are estimated to be $63 million per year in 2014 dollars. Total annual operating savings associated with reduced refrigerant use are estimated to be $52 million; thus incremental compliance costs and refrigerant savings combined are estimated to be approximately $11 million. A more detailed description of the results of the analysis and the methods used can be found in the technical support document, Analysis of VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 the Economic Impact and Benefits of Proposed Revisions to the National Recycling and Emission Reduction Program. The proposed update and revisions to the requirements under section 608 would significantly reduce emissions of refrigerants and thus ameliorate the harm they would cause to the environment. EPA estimates that the proposed revisions will prevent damage to the stratospheric ozone layer by reducing emissions of ozone-depleting refrigerants by approximately 116 metric tons per year, weighted by the ozone-depletion potential (ODP) of the gases emitted. Avoided emissions of ozone-depleting refrigerants and nonozone-depleting substitutes will also safeguard Earth’s climate because most of these refrigerants are potent greenhouse gases. Weighted by their global warming potentials (GWP),1 EPA estimates that the proposed revisions will prevent annual emissions of greenhouse gases equivalent to 7.5 million metric tons of carbon dioxide (MMTCO2eq). The reductions in emissions of GHGs and ODS have benefits for human health and the environment, which have been discussed at length in prior EPA rulemakings including the Endangerment and Cause or Contribute Findings for Greenhouse Gases (74 FR 66496, 66517, 66539) and in section II.D of this preamble. Details of the benefits and the methods used to estimate them are discussed later in this preamble and in the technical support document referenced above. EPA anticipates further benefits including emissions reductions associated with enhanced recordkeeping provisions, and emissions reductions following from consistent standards for ODS- and substitute-containing appliances. These additional benefits have not been quantified. There may be additional energy savings due to leak repair, which also have not been quantified. 1 Unless otherwise stated, GWPs stated in this document are 100-year integrated GWPs, relative to a GWP of 1 for carbon dioxide, as reported in IPCC, 2007. Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M.Tignor and H.L. Miller (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA. This document is accessible at www.ipcc.ch/publications_and_data/ar4/wg1/en/ contents.html. For blends of multiple compounds, we are weighting the GWP of each component by mass percentage in the blend. PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 II. Background A. What are ozone-depleting substances? The stratospheric ozone layer protects life on Earth from the sun’s harmful radiation. This natural shield has gradually been depleted by man-made chemicals. Chlorofluorocarbons (CFCs) were discovered in the 1970s to deplete the stratospheric ozone layer. CFCs and other class I ODS like methyl chloroform, carbon tetrachloride, and halons were used as refrigerants, solvents, foam blowing agents, fire suppression agents and in other smaller applications. Class I ODS have been phased out though they may still be reclaimed from existing appliances and reused. Hydrochlorofluorocarbons (HCFCs), class II ODS with lower potential to deplete the ozone layer than class I substances, are currently being phased out. All of these compounds have atmospheric lifetimes long enough to allow them to be transported by winds into the stratosphere. Because they release chlorine or bromine when they break down, they damage the protective ozone layer. The initial concern about the ozone layer in the 1970s led to a ban on the use of CFCs as aerosol propellants in several countries, including the United States. In 1985, the Vienna Convention on the Protection of the Ozone Layer was adopted to formalize international cooperation on this issue. Additional efforts resulted in the adoption of the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987. Today, all countries recognized by the United Nations have ratified the Montreal Protocol and have agreed to phase out the production of ODS. B. What is the National Recycling and Emission Reduction Program? Section 608 of the CAA requires EPA to establish a comprehensive refrigerant management program to limit emissions of ozone-depleting refrigerants. Section 608 also prohibits the knowing release or disposal of ozone-depleting refrigerant and their substitutes during the maintenance, service, repair, or disposal of air-conditioning and refrigeration appliances or IPR. Section 608 is described in greater detail in Section III of this proposal below. EPA first issued regulations under section 608 of the CAA on May 14, 1993 (58 FR 28660, ‘‘1993 Rule’’), to establish the national refrigerant management program for ozone-depleting refrigerants recovered during the maintenance, service, repair, and disposal of airconditioning and refrigeration appliances. Together with the E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules prohibition on venting during the maintenance, service, repair, or 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 ozonedepleting refrigerants. The regulations require that persons servicing air-conditioning and refrigeration equipment containing an ozone-depleting refrigerant observe certain practices that reduce emissions. They also established refrigerant recovery equipment requirements, reclamation certification requirements, technician certification requirements, and restricted the sale of refrigerant to certified technicians. In addition, they required that ODS be removed from appliances prior to disposal, and that all air-conditioning and refrigeration equipment using an ODS be provided with a servicing aperture or process stub to facilitate refrigerant recovery. The 1993 Rule also established a requirement to repair leaking appliances containing 50 or more pounds of ODS refrigerant. The rule set an annual leak rate of 35 percent for commercial refrigeration appliances and IPR and 15 percent for comfort cooling appliances. If the applicable leak rate is exceeded, the appliance must be repaired within 30 days. EPA revised these regulations through subsequent rulemakings published on August 19, 1994 (59 FR 42950), November 9, 1994 (59 FR 55912), August 8, 1995 (60 FR 40420), July 24, 2003 (68 FR 43786), March 12, 2004 (69 FR 11946), and January 11, 2005 (70 FR 1972). EPA has also issued proposed rules to revise the regulations in subpart F on June 11, 1998 (63 FR 32044) and December 15, 2010 (75 FR 78558), elements of which were not finalized and which EPA is re-proposing in this rule. The August 19, 1994, rule amended specific definitions, required practices, and reporting and recordkeeping requirements, as well as adopted industry standards for reclaimed ODS refrigerants. The November 9, 1994, rule clarified the conditions under which technician certification programs were grandfathered, allowing technicians who had participated in voluntary technician training and certification programs prior to the publication of the 1993 Rule to receive formal certification. The rule also clarified the scope of the technician certification requirement and provided a limited exemption from certification requirements for apprentices. The August 8, 1995, rule was issued in response to a settlement agreement VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 between EPA and the Chemical Manufacturers Association to give additional flexibility to repair or retrofit IPR appliances containing ODS. In that rule, EPA allowed owners or operators additional time beyond 30 days to complete repairs to address leaks and more than one year to retrofit appliances where certain conditions applied (i.e., equipment located in areas subject to radiological contamination, unavailability of necessary parts, or adherence to local or State laws hinder immediate repairs). EPA also clarified that purged refrigerants that have been captured and destroyed can be excluded from the leak rate calculations. The July 24, 2003, rule finalized portions of a proposed rulemaking (61 FR 7858; February 29, 1996) that amended the recordkeeping aspects of the section 608 technician certification program, refined aspects of the refrigerant sales restriction, adopted updated versions of ARI Standards 700 2 and 740,3 amended several definitions, and set forth procedures for the revocation and/or suspension of approval to certify technicians and refrigerant recovery and/or recycling equipment and revocation and/or suspension procedures for certification as a refrigerant reclaimer. The March 12, 2004, rule exempted from the venting prohibition of section 608(c)(2) specific non-ozone-depleting substances that the Agency found did not pose a threat to the environment (69 FR 11946). The rule notably did not exempt HFC and PFC refrigerants from the venting prohibition. The rule also clarified that EPA regulations affecting the handling and sales of ozonedepleting refrigerants are applicable to blends that contain an ODS. The January 11, 2005, rule clarified that the leak repair requirements apply to any refrigerant blend that contains an ODS (70 FR 1927). The rule amended the required practices and associated reporting/recordkeeping requirements. It also clarified certain leak repair requirements. In December 2010 (75 FR 78558, December 15, 2010, ‘‘proposed 2010 Leak Repair Rule’’), EPA proposed changes to the leak repair requirements. EPA’s intent in that proposal was to create a streamlined set of leak repair 2 The Air Conditioning and Refrigeration Institute Standard 700, Specification for Fluorocarbons and Other Refrigerants, contains standards for the reclamation of used refrigerants. 3 The Air Conditioning and Refrigeration Institute Standard 740, Performance Rating of Refrigerant Recovery Equipment and Recovery/Recycling Equipment, contains standards for the equipment used to recover refrigerant from air-conditioning and refrigeration appliances. PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 69461 requirements that are applicable to all types of appliances containing 50 or more pounds of ozone-depleting refrigerant. The rule also proposed to reduce the applicable leak repair rates. EPA did not finalize that rule. Today’s rulemaking re-proposes many of the concepts contained in the proposed 2010 Leak Repair Rule. Through today’s action, EPA is withdrawing the proposed 2010 Leak Repair Rule. Finally, on May 23, 2014 (79 FR 29682), and April 10, 2015 (80 FR 19453), EPA expanded the list of refrigerants that are exempt from the CAA venting prohibition in specific end uses. The 2014 final rule exempted the following from the venting prohibition: —Isobutane (R–600a) and R–441A in household refrigerators, freezers, and combination refrigerators and freezers; —Propane (R–290) in retail food refrigerators and freezers (stand-alone units only). The 2015 final rule added the following to the list of refrigerants exempt from the venting prohibition: —Isobutane (R–600a) and R–441A in retail food refrigerators and freezers (stand-alone units only); —Propane (R–290) in household refrigerators, freezers, and combination refrigerators and freezers; —Ethane (R–170) in very low temperature refrigeration equipment and equipment for non-mechanical heat transfer; —R–441A, propane, and isobutane in vending machines; and —Propane and R–441A in selfcontained room air conditioners for residential and light commercial airconditioning and heat pumps. C. What developments have occurred since EPA first established the National Recycling and Emission Reduction Program? 1. Phaseout of CFCs and HCFCs In 1993 when EPA established the refrigerant management requirements of subpart F, CFCs and HCFCs were the most commonly used refrigerants, depending on the specific application. Just six months prior, in November 1992, the Parties to the Montreal Protocol accelerated the phaseout schedule for CFCs through the Copenhagen Amendment so that there would be a complete phaseout by 1996. The Copenhagen Amendment also created for the first time a phaseout schedule for HCFCs. The schedule for HCFCs was later amended and today calls for a 35 percent reduction in production and consumption from each Article 2 Party’s (developed country’s) E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 69462 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules cap by 2004, followed by a 75 percent reduction by 2010, a 90 percent reduction by 2015, a 99.5 percent reduction by 2020, and a total phaseout in 2030. From 2020 to 2030, production and consumption at only 0.5 percent of baseline is allowed solely for servicing existing air-conditioning and refrigeration equipment. The United States chose to implement the Montreal Protocol phaseout schedule on a chemical-by-chemical basis. In 1993, as authorized by section 606 of the CAA, EPA established a phaseout schedule that eliminated HCFC–141b first and would greatly restrict HCFC–142b and HCFC–22 next, due to their high ozone depletion potentials (ODPs), followed by restrictions on all other HCFCs and ultimately a complete phaseout (58 FR 15014, March 18, 1993, and 58 FR 65018, December 10, 1993). EPA continues to issue allowances for the production and consumption of HCFCs that have not yet been phased out. The allowance levels reflect not only phaseout schedules but also use restrictions under section 605(a) of the CAA. The phaseout schedule and allowance levels can be found at 40 CFR part 82, subpart A. Much as EPA established the refrigerant management program shortly before the CFC phaseout, today’s proposal to update those regulations closely precedes the phaseout of HCFCs. The reasons for encouraging a viable CFC recycling program support the same approach for HCFCs. The 1993 Rule discussed a 1990 advanced notice of proposed rulemaking regarding a national CFC recycling program. As the 1993 Rule discussed, that 1990 notice emphasized that recycling is important because it would allow the continued use of equipment requiring CFCs for service past the year in which CFC production is phased out, thereby eliminating or deferring the cost of early retirement or retrofit of such equipment. Because of the continued use of these substances in existing equipment, recycling can serve as a useful bridge to alternative products while minimizing disruption of the current capital stock of equipment. (92 FR 28661). More than twenty years later, with the experience gained through the phaseout of CFCs, reducing emissions of HCFCs and maximizing their recovery and reclamation remains just as important for ensuring the continued viability of the current stock of equipment. The transition out of CFC and now HCFC refrigerants is one reason that it is important to update the refrigerant management regulations in subpart F. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 2. Use of Non-ODS Alternatives The universe of available refrigerants has expanded dramatically since EPA first established the refrigerant management regulations in subpart F. Under the Significant New Alternatives Policy (SNAP) program (CAA section 612), EPA identifies substitutes that pose lower overall risks to human health and the environment and must prohibit the use of substitutes for which there are other available or potentially available alternatives posing lower overall risk to human health and the environment for the same use. Thus, EPA’s SNAP program does not provide a static list of alternatives but instead evolves the list as the EPA makes decisions informed by our overall understanding of the environmental and human health impacts as well as our current knowledge about available substitutes. Under SNAP, EPA has reviewed over 400 substitutes in the refrigeration and air-conditioning; fire suppression; foam blowing; solvent cleaning; aerosols; adhesives, coatings, and inks; sterilants; and tobacco expansion sectors. To date, SNAP has issued 30 notices and 20 rulemakings listing alternatives as acceptable, acceptable subject to use conditions, acceptable subject to narrowed use limits, or unacceptable for those various end-uses. On April 10, 2015, the SNAP Program listed as acceptable, subject to use conditions, three hydrocarbons, one hydrocarbon blend, and HFC–32 as substitute refrigerants in a number of refrigeration and air-conditioning enduses (80 FR 19454). The SNAP program has also recently listed a number of additional refrigerant options, including blends of hydrofluoroolefins (HFOs) and HFCs that have lower global warming potentials (GWPs) (October 21, 2014, 79 FR 62863; July 20, 2015, 80 FR 42870), and continues to review information and issue rulemakings and notices to provide additional refrigerant options, including hydrocarbons and low-GWP HFOs. Due to the change in the suite of acceptable refrigerants available for some end-uses, EPA anticipates that the relative amounts of different refrigerants in stocks in the United States will change, and thus that the universe of refrigerants subject to the refrigerant management program will continue to evolve. The diversity of refrigerants and the potential for cross contamination are two reasons why it is important to clarify how all refrigerants should be handled under the refrigerant management regulations in subpart F. PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 3. Increased Attention to HFCs as Climate Pollutants By greatly reducing emissions of CFCs and HCFCs, domestic and international efforts to protect the ozone layer have also helped to protect global climate as these ODS are also potent GHGs. However, HFCs, which are the predominant class of compounds being used as replacements for ODS, also can have high GWPs. As their use has increased, concern has grown over the environmental damage caused by heat trapped in the atmosphere by HFCs. On December 7, 2009, (74 FR 66496) the Administrator issued an Endangerment Finding regarding GHGs under section 202(a) of the CAA. As part of this finding, EPA concluded that the current and projected concentrations of six key well-mixed GHGs in the atmosphere—carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), HFCs, PFCs, and sulfur hexafluoride (SF6)—endanger both the health and welfare of current and future generations. While this finding was made specifically for the purposes of section 202(a) of the CAA, EPA is cognizant of the global climate risks generally discussed in the finding in its work to reduce emissions of HFCs and other GHGs. i. Climate Action Plan In June 2013, the President announced the Climate Action Plan.4 Among the many actions called for, the Climate Action Plan outlined a set of measures to address HFCs. The Climate Action Plan states: ‘‘to reduce emissions of HFCs, the United States can and will lead both through international diplomacy as well as domestic actions.’’ Part of the international diplomacy is the Amendment to the Montreal Protocol discussed below. The Climate Action Plan also directed EPA to use its authority through the SNAP program ‘‘to encourage private sector investment in low-emissions technology by identifying and approving climatefriendly chemicals while prohibiting certain uses of the most harmful chemical alternatives.’’ In July 2015, EPA finalized a rule that changed the listing status for certain substitutes previously listed as acceptable under the SNAP program (80 FR 42870). That rule changed the status for certain HFCs and HCFCs for various end-uses in the aerosols, refrigeration and airconditioning, and foam blowing sectors. EPA made these changes based on information showing that other 4 The President’s Climate Action Plan, 2013, https://www.whitehouse.gov/sites/default/files/ image/president27sclimateactionplan.pdf. E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS3 substitutes are available for the same uses that pose lower risk overall to human health and the environment. A copy of the Climate Action Plan is available in the docket to this rule. Minimizing the emissions and maximizing the recovery and reuse of HFC refrigerants is consistent with the Climate Action Plan. EPA estimates that the proposed revisions will prevent annual emissions of refrigerant equivalent to 7.5 MMTCO2eq. Of this amount 3.7 MMTCO2eq are due to HFCs and 3.8 MMTCO2eq are due to ODS. The significant environmental benefit to be gained by more clearly addressing HFC refrigerants is another reason why it is important to update the refrigerant management regulations in subpart F. ii. Trends in HFC Use and Future Projections Although HFCs represent a small fraction of current GHG emissions by weight, their warming impact per kilogram is very strong. For example, the most commonly used HFC, HFC– 134a, has a GWP of 1,430, which means it traps that many times as much heat per kilogram as carbon dioxide does over 100 years. HFC emissions are projected to increase substantially and at an increasing rate over the next several decades if their production is left uncontrolled. In the United States, emissions of HFCs are increasing more quickly than those of any other GHG, and globally they are increasing 10–15% annually. At that rate, emissions are projected to double by 2020 and triple by 2030. HFCs are also rapidly accumulating in the atmosphere. The atmospheric concentration of HFC–134a has increased by about 10% per year from 2006 to 2012, and the concentrations of HFC–143a and HFC–125, which are components of commonly-used refrigerant blends, have risen over 13% and 16% per year from 2007–2011, respectively. Annual global emissions of HFCs are projected to rise to about 6,400 to 9,900 MMTCO2eq in 2050, which is comparable to the drop in annual GHG emissions of ODS of 8,000 MMTCO2eq between 1988 and 2010 (UNEP, 2011). As these emissions accumulate in the atmosphere, the HFCs change the balance between energy entering the Earth’s climate from the sun and energy escaping the Earth into space; the change in the net rate at which energy enters the atmosphere is called radiative forcing. By 2050, the buildup of HFCs in the atmosphere is projected to increase radiative forcing by up to 0.4 W m¥2. This may be as much as one-fifth to one-quarter of the expected increase in radiative forcing due to the buildup VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 of CO2 since 2000, according to the Intergovernmental Panel on Climate Change’s (IPCC’s) Special Report on Emissions Scenarios. To appreciate the significance of the projected HFC emissions within the context of all GHGs, HFCs would be equivalent to 5 to 12 percent of the CO2 emissions in 2050 based on the IPCC’s highest CO2 emissions scenario and equivalent to 27 to 69 percent of CO2 emissions based on the IPCC’s lowest CO2 emissions pathway. iii. Montreal Protocol Amendments For the past six years, the United States, Canada, and Mexico have proposed an amendment to the Montreal Protocol to phase down the production and consumption of HFCs. The United States seeks adoption of an amendment that is acceptable to all parties. Global benefits of the amendment proposal would yield significant reductions of over 90 gigatons of carbon dioxide equivalent (CO2eq) through 2050. In 2015, a number of Parties to the Montreal Protocol have also proposed amendments to phase down global production and consumption of HFCs. These proposals were introduced by the Federated States of Micronesia on behalf of a group on Island States; the European Union; and India. 4. Petition From the Alliance for Responsible Atmospheric Policy On January 31, 2014, the Alliance for Responsible Atmospheric Policy (the Alliance) petitioned the Agency to initiate a rulemaking to extend the section 608 refrigerant management regulations to HFCs and other substitute refrigerants. The petition advocates for consistent refrigerant management regulations that apply the same rules for ozone-depleting and non-ozonedepleting refrigerants. It argues that extending the section 608 requirements to HFCs ‘‘would increase the environmental benefits already realized from the section 608 regulations, through reduced HFC emissions, and would complement the United States’ goal of a global phase down in HFC production and consumption.’’ The Alliance cites sections 608(c)(2) and 301(a) of the CAA as authority for these changes. A copy of the petition is included in the docket for this rulemaking. While EPA is not proposing this action solely as a result of the Alliance petition, the proposed extension of the National Recycling and Emission Reduction Program to HFCs and other non-exempt substitutes, if finalized, PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 69463 would constitute the Agency’s response to the petition. D. What are the goals of this proposed rule? The Agency has three goals for this rulemaking. The first is to protect the stratospheric ozone layer by reducing emissions of ODS. The second is to protect the climate system by reducing emissions of other refrigerant gases with high GWPs. This includes ODS refrigerants and many substitutes, including HFCs, that EPA has not already exempted from the CAA statutory venting prohibition. Since many substitutes have a high GWP, some as high as 10,000, reducing emissions of ODS substitutes will reduce emissions of highly potent GHGs. While the current regulations in subpart F contain some provisions implementing the venting prohibition for substitutes for ODS, such as a general prohibition on the knowing release of such substances, with certain enumerated exceptions, they do not have any other specific use and handling requirements for ODS substitutes. As explained in more detail below, EPA is proposing to revise subpart F to include such provisions to help more fully and effectively implement the venting prohibition in section 608(c) of the CAA. Finally, EPA is proposing changes to the regulations in subpart F to improve their effectiveness, including increasing compliance and enforceability both for ODS and ODS substitutes. 1. Protecting the Stratospheric Ozone Layer The proposed changes would reduce the use and emission of ODS, maximize the recapture and recycling of such substances, and further implement the prohibition on knowingly venting or releasing ODS refrigerants during the maintenance, service, repair, or disposal of appliances. EPA estimates that this proposal will result in annual reductions in emissions of approximately 116 ODP-weighted metric tons. A separate support document Analysis of the Economic Impact and Benefits of Proposed Revisions to the National Recycling and Emission Reduction Program contains a full discussion of the benefits and is available in the docket. Stratospheric ozone depletion decreases the atmosphere’s ability to protect life on the Earth’s surface from the sun’s UV radiation. The links between stratospheric ozone depletion and public health are well established. The Scientific Assessment of Ozone Depletion, prepared by the Scientific E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 69464 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 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 to the Montreal Protocol provide comprehensive information regarding the links between emissions of ODS, ozone layer depletion, UV radiation, and human health effects. Both documents are available in the docket for this rule. Adverse health effects associated with exposure to UV radiation include skin cancer, cataracts, and immune suppression. The most common forms of skin cancer are strongly associated with UV radiation, and UV exposure is the most preventable cause of skin cancer (U.S. Department of Health and Human Services. The Surgeon General’s Call to Action to Prevent Skin Cancer. Washington, DC: U.S. Department of Health and Human Services, Office of the Surgeon General; 2014). Skin cancer is the most common form of cancer in the United States, with more than 3.5 million new cases diagnosed annually (American Cancer Society, Cancer Facts and Figures, 2015). The number of new cases of melanoma, the most serious form of skin cancer, has been increasing. Rates for new cases of melanoma have been rising on average 1.4% each year over the last 10 years (National Cancer Institute, SEER Stat Fact Sheets: Melanoma of the Skin, available at https://seer.cancer.gov/statfacts/html/ melan.html, accessed May 5, 2015). In 2015, it is estimated that 70,000 Americans will be diagnosed with melanoma and almost 10,000 will die from the disease (American Cancer Society, Cancers Facts and Figures, 2015). Non-melanoma 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 non-melanoma skin cancers. Basal cell carcinomas are the most common type of skin cancer tumors. 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 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 neck are especially susceptible to this type of lesion. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 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. Research has shown that UV radiation increases the likelihood of certain cataracts. (Taylor, H.R., et al., 1988. Effect of ultraviolet radiation on cataract formation, New England Journal of Medicine, 319, 1429–33; West, S. et al., 2005. Model of Risk of Cortical Cataract in the US Population with Exposure to Increased Ultraviolet Radiation due to Stratospheric Ozone Depletion, American Journal of Epidemiology, 162, 1080–1088.) 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. Although curable with modern eye surgery, cataracts diminish the eyesight of millions of Americans. Other kinds of eye damage caused by UV radiation 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). Policies protecting the stratospheric ozone layer have been effective in preventing these diseases and protecting the health of the American people. EPA uses its Atmospheric and Health Effects Framework (AHEF) model to estimate the benefits of ODS emissions reductions by modeling the number of cases of skin cancer and the number of deaths in Americans born between 1890 and 2100 given different ODS emissions scenarios. By comparing the health effects in a scenario without the Montreal Protocol to one with the treaty’s controls, EPA estimates that the Montreal Protocol will prevent over 283 million cases of skin cancer in the United States. Americans will also suffer more than 45 million fewer cataracts and one million fewer deaths from skin cancer due to the treaty’s protections, compared with a world with no policy controls. This analysis, found in the EPA document Updating Ozone Calculations and Emissions Profiles for Use in the Atmospheric and Health Effects Framework Model is in the docket. 2. Reducing Emissions of Greenhouse Gases The second goal of this proposed rule is to reduce the emission of GHGs that contribute to climate change. Many refrigerants, including ODS and substitutes for ODS, are potent GHGs, having GWPs thousands of times higher PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 than that of carbon dioxide (CO2), which has a GWP of one. For example, R– 404A, a commonly used HFC refrigerant blend, has a GWP of 3,922. Other common HFC refrigerants, with their GWPs, include R–134a (1,430), R–410A (2,088), R–407A (2,107), and R–507A (3,985). Explicit and more stringent standards for the use, recovery, and recycling of these substitute refrigerants during maintenance, servicing, repair, or disposal of appliances will lead to fewer emissions of these high-GWP chemicals. EPA estimates that the proposed changes will reduce GWPweighted emissions by approximately 7.5 MMTCO2eq per year GHGs cause climate change by trapping heat on Earth. The Earth is constantly receiving energy from the sun in the form of radiation, including visible light, infrared, ultraviolet, and other forms of energy. At the same time, energy is radiating away into space, mostly as infrared radiation. Over long periods of time, the amount of energy arriving on Earth and the amount leaving into space have been about the same, and so the environment has generally not gotten much warmer or much colder very quickly. However, the increase of GHGs in the atmosphere has changed this balance, because these gases do not block most of the forms of radiation coming to Earth from the sun, but they do absorb or scatter the radiation trying to leave Earth into space, trapping some of it on Earth. Thus, more energy comes into the Earth’s climate system than leaves it, and the atmosphere, oceans, and land become warmer, just like the inside of a greenhouse. While parts of the Earth get warmer and colder from day to day with weather, from month to month with the seasons, from year to year due ˜ to large scale phenomena like El Nino, or even decade to decade as sunspots come and go, the trapping of heat by GHGs raises the average temperature over the whole globe over and above these natural fluctuations, over a relatively short timeframe. The increase in the total heat energy in the climate system does not simply make the environment warmer; because water and air with more heat energy in them move more, atmospheric and sea currents change, and winds increase. Because warm water expands and glaciers melt, sea level rises, and because evaporation increases with more energy, rainfall and flooding can increase in some areas even as other areas face increased risk of drought and wildfire due to changes in wind patterns. For more information on GHGs and climate change in the E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules United States, visit www.epa.gov/ climatechange. srobinson on DSK5SPTVN1PROD with PROPOSALS3 3. Improving Rule Effectiveness EPA’s third goal of this proposed rule is to improve the clarity and effectiveness of the regulations in subpart F. Achieving the health and environmental benefits of these rules depends on widespread compliance. EPA has begun an initiative to improve the effectiveness of its rules called ‘‘Next Generation Compliance.’’ This is an integrated strategy designed to bring together the best thinking from inside and outside EPA on how to structure regulations and permits, combined with new monitoring and information technology, expanded transparency, and innovative enforcement. The vision for this initiative is to better motivate the regulated community to comply with environmental laws and inform the public about their performance. Most importantly, this initiative will help ensure that all Americans are protected from significant risks to human health and the environment and have access to information that allows them to more fully engage in environmental protection efforts. The Agency has identified several interconnected components in the Office of Enforcement and Compliance’s 2014–2017 strategic plan for Next Generation Compliance that can improve the effectiveness of rules: • Effective Regulations: Design regulations that are clear, as easy to implement as possible, and that contain self-reinforcing drivers. For example, where possible, design regulations such that regulated facilities can take steps to monitor their own performance to prevent violations, or be certified by an independent 3rd party. • Advanced Monitoring: Use advanced monitoring technology for the government, industry, and the public to more easily find information on pollutant discharges/emissions, environmental conditions, and noncompliance. • Electronic Reporting: Implement electronic systems to make reporting easier, more efficient, and less costly. For the user, these systems offer speed, convenience, expanded information choices, and filing capabilities. For government, they offer the ability to increase transparency, improve our ability to spot pollution and compliance issues, and respond quickly to emerging problems. • Transparency: Make the information we have today more accessible, and make new information VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 obtained from advanced monitoring and electronic reporting publicly available. • Innovative Enforcement: Use Next Generation Compliance principles and tools in enforcement planning and cases. The National Recycling and Emission Reduction Program under section 608 of the CAA has incorporated compliance principles similar to those under this initiative since its inception. There are numerous self-reinforcing requirements, including the refrigerant sales restriction. By requiring anyone purchasing an ODS refrigerant to be certified, EPA effectively enforces the requirement that anyone maintaining, servicing, repairing, and disposing of an appliance be certified (excluding those disposing of small appliances, MVACs and MVAC-like appliances). Another Next Generation Compliance principle that has been in the 608 refrigerant management program since the beginning is third party certification. These rules require certification of refrigerant recovery equipment by independent third parties (i.e., UL and AHRI). Third party certifiers verify that recovery equipment meets the required minimum standards. Additionally, this ensures that technicians who use these devices to recover refrigerant are also using equipment that will meet the minimum refrigerant evacuation requirements if used following the manufacturer’s instructions. The Agency and industry have more than 20 years of experience implementing and operating under these regulations. Through that experience, it has become clear that there are sections of the regulations that could be improved or be clarified. This proposal attempts to clarify and simplify where possible. One way that EPA seeks to provide simplicity and clarity to the regulated community, the public, and state, local, and Tribal governments is to treat ODS and substitute refrigerants similarly where it is appropriate to do so. EPA is therefore proposing to extend the existing requirements, as amended, to HFCs and other substitutes, as appropriate. In addition, EPA is proposing to revise many provisions of the regulations for clarity and to restructure the regulations to make it easier to find requirements for different affected entities. EPA is grouping the recordkeeping and reporting requirements closer to where the requirements are listed and removing outdated or unnecessary requirements. These proposed changes will extend to ODS substitutes those requirements that align with Next Generation Compliance principles and make it easier for the PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 69465 regulated community to understand what refrigerants are covered and what the requirements are, making it easier to comply with the regulation. For each of the changes proposed in this notice, EPA solicits comments on the following: • Implementation of the proposal: What challenges are anticipated in implementing or complying with the proposed rule? What steps might we consider to minimize those challenges? • The clarity of the proposal: Is there anything that is unclear about what the proposed rule is asking the regulated community to do? When responding to this questions, commenters should describe what is confusing about the proposal, not what they do not like. • The design of the rule: Is the proposed rule designed in a way to maximize the environmental benefits for the implementation effort required? Are there alternate approaches to features of this rule that would achieve the same environmental benefits or maximize the environmental benefits but would be easier to implement? If so, please explain or describe those approaches. • The clarity of the regulatory text: Are any of the terms, definitions, or specific requirements in the regulatory language unclear or confusing? Which ones and what is confusing about them? • The need for a comprehensive compliance guide or other compliance tools: What tools (brochures, videos, etc.) could EPA reasonably develop to aid the regulated community in complying with the rule? • Incentives for going above and beyond compliance: What changes could EPA make to the proposed rule that would encourage environmental performance beyond the minimum requirements of the rule? • Monitoring, measurement, and reporting: Are the monitoring requirements designed and sufficiently explained to ensure that regulated parties are fully aware of their performance, and to trigger action in the case of actual or potential noncompliance? Can monitoring data or other information about performance be made easily available to regulators and/ or to the public in ways that would be useful and meaningful? E. Stakeholder Engagement EPA conducted extensive outreach to stakeholders affected by the refrigerant management regulations under section 608 of the CAA. In November 2014, EPA hosted an open meeting in Washington, DC, to discuss the Agency’s goals and solicit feedback from stakeholders. More than 50 participants attended the meeting. To facilitate stakeholder E:\FR\FM\09NOP3.SGM 09NOP3 69466 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS3 preparation for the meeting, EPA widely distributed a concept note that provided an update on progress to implement the President’s Climate Action Plan and laid out questions the Agency was considering as it was developing this proposed rule. The slides from the presentation, the concept note, and a summary of the comments are included in the docket. After the November stakeholder meeting, EPA held approximately 50 meetings with individual businesses, trade associations, and environmental organizations. The Agency also attended several conferences and association meetings to provide information, solicit input, and answer questions. A full list of meetings and conferences is included in the docket. Finally, EPA reviewed past feedback on the proposed 2010 Leak Repair Rule to amend the leak repair regulations. A summary of comments received on the proposed 2010 Leak Repair Rule is included in the docket. EPA also reviewed comments on the 1998 proposal to extend the full suite of refrigerant management requirements under subpart F to HFCs and PFCs and is including a copy of those comments it reviewed from that proposal in the docket. EPA notes that the Agency is not treating comments on either of these prior proposals as comments on this rule. Therefore, to be formally considered as comments on this proposal, stakeholders must provide comments specifically to today’s action even if the concepts proposed are the same or similar to those contained in comments on actions that the Agency has proposed previously. F. What are the major changes EPA is proposing? EPA is proposing numerous changes to the National Recycling and Emission Reduction Program. Some of these changes are intended to strengthen the existing program, in particular by requiring a number of industry best practices. Others are intended to extend, as appropriate, the regulations to HFCs and other substitutes for ODS. Still other changes are meant to improve the effectiveness of the regulations. This section briefly introduces the reader to the major proposed changes. The reader can find detailed discussions of all of the proposals in Section IV of this notice. 1. Extend the Regulations To Cover Substitute Refrigerants Section 608(c)(1) of the CAA, effective July 1, 1992, makes it ‘‘unlawful for any person, in the course of maintaining, servicing, repairing, or disposing of an VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 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.’’ This provision excludes ‘‘de minimis releases associated with good faith attempts to recapture and recycle or safely dispose of such substances’’ from the prohibition. Section 608(c)(2) extends the provisions of paragraph (c)(1) to substitutes for ODS refrigerants, effective November 15, 1995. Collectively, this self-effectuating prohibition, commonly referred to as the ‘‘venting prohibition,’’ is a central component of EPA’s refrigerant management program. EPA’s current regulations at § 82.154(a) incorporate the venting prohibition, as well as the de minimis exemption. Then, the last sentence in § 82.154(a)(2) provides that ‘‘refrigerant releases shall be considered de minimis only if they occur when’’ (1) following the required practices in § 82.156, (2) using certified recovery and/or recycling equipment that meet the requirements of § 82.158, and (3) technicians are certified under the requirements in § 82.161; or when following the requirements of subpart B. In effect, consistent with the second sentence of section 608(c)(1), under these regulations EPA has defined de minimis releases of refrigerants during maintaining, servicing, repairing, or disposing of an appliance as those that occur when the refrigerant management regulations at 40 CFR part 82, subpart F or subpart B are followed. The term refrigerant is defined in § 82.152 for purposes of this subpart to mean any substance consisting in part or whole of a class I or class II ODS that is used for heat transfer purposes and provides a cooling effect. The term does not include substitute substances such as HFCs or ammonia, among others. Under these regulations, if someone maintaining, servicing, repairing, or disposing of an appliance or IPR releases a class I or class II refrigerant in the course of following these requirements, they would not be in violation of the venting prohibition, but all other releases of ODS refrigerants during such activities would violate the venting prohibition. While the conditions for the application of the de minimis exemption has been clearly elaborated on in the regulations for class I and class II refrigerants, and while the regulations expressly state what practices or measures can be employed to qualify for PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 it, the regulations are less clear for substitute refrigerants like HFCs. Section 82.154(a)(2) states that ‘‘[d]e minimis releases associated with good faith attempts to recycle or recover . . . non-exempt substitutes are not subject to this prohibition’’ but does not provide any guidance about what constitutes such a ‘‘good faith attempt.’’ In contrast to ODS refrigerants, the regulations do not contain provisions for non-exempt substitute refrigerants to establish that releases that occur when following certain regulatory requirements are de minimis. Accordingly, regulated entities are left without clear guidance on how to abide by the venting prohibition as it relates to non-exempt substitutes. Through this rulemaking, EPA is proposing to extend requirements of the National Recycling and Emission Reduction Program to non-exempt substitutes and to clarify that the actions required to qualify for the de minimis exemption for non-exempt substitute refrigerants are the same as those for ODS refrigerants. As some release of substitute refrigerants is inevitable during the maintenance, servicing, repair, and disposal of appliances, these changes would give regulatory certainty to the many stakeholders that are already properly recovering substitute refrigerants during these activities, and would likely require only minimal if any change in business practices for them. These changes would also give stakeholders that are not following such practices for substitute refrigerants additional incentive to do so because it would describe how the venting prohibition applies to substitute refrigerants. 2. Strengthen Leak Repair Requirements This proposal would strengthen the requirement to repair leaking appliances containing 50 or more pounds of refrigerant, currently at § 82.156(i), to reduce emissions of ODS. Additionally, EPA is proposing to extend the amended requirements to HFCs and other substitutes to reduce emissions. The Agency also is aiming to make the requirements more proactive at preventing leaks by requiring industry best practices (i.e., leak inspections). EPA is proposing to lower applicable leak rates from their current levels of 35 percent for commercial refrigeration appliances and IPR and 15 percent for comfort cooling appliances to 20 percent and 10 percent, respectively. Based on stakeholder input and data collected by the California Air Resources Board (CARB) and other sources, these levels are reasonable and will result in leaks being repaired E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS3 sooner than under the current approach. This is especially true for appliances containing substitute refrigerants, which are not currently covered by the leak repair provisions. Some systems are leaking considerable amounts of refrigerant despite requirements to repair or retrofit leaking appliances. Based on feedback from CARB and a review of its data, EPA is proposing to create a two-year leak limit. Under this proposal, appliances containing 50 or more pounds of ODS or substitute refrigerant would not be allowed to leak more than 75 percent of the appliance’s full charge in each of two consecutive 12-month periods. The CARB data indicate that few appliances leak above this level in any given year, and that these appliances are responsible for a large proportion of emissions. This requirement would likely affect few appliances, but would encourage owners or operators of appliances to more comprehensively repair or retire them when leaking such a substantial amount of refrigerant for two consecutive years. EPA is also proposing to require periodic leak inspections to help identify leaks earlier. Regular leak inspections are widely recognized as a best practice to minimize refrigerant emissions. Under this proposal, all appliances with a full charge of 50 or more pounds of ODS or substitute refrigerant would have to conduct annual leak inspections to determine if the appliance is leaking. Commercial refrigeration appliances and IPR with a full charge of 500 or more pounds of ODS or substitute refrigerant would be required to conduct a leak inspection every three months. Alternatively, owners or operators can forgo periodic leak inspections by installing automatic leak detection systems and having it inspected and calibrated annually. 3. Extend the Sales Restriction to Substitute Refrigerants, With an Exception for Small Cans of MVAC Refrigerant The existing regulations restrict the sale of ODS refrigerant to certified technicians. EPA is proposing to extend the sales restriction to substitute refrigerant sold in the United States. Due to the large do-it-yourself (DIY) community that have long serviced their personal MVACs, EPA has considered less costly ways to avoid restricting the sale of MVAC refrigerants to certified technicians while still reducing releases of non-exempt refrigerants. Therefore, EPA is proposing to exempt the sale of small cans (two pounds or less) of substitute refrigerant for the servicing of VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 MVACs if the cans have a self-sealing valve. Self-sealing valves have been successful in reducing emissions during servicing in California where they are currently required. 4. Establish Recordkeeping for Appliances Containing Five to 50 Pounds of ODS and Substitute Refrigerant The existing regulations have recordkeeping requirements for the disposal of appliances that contain 5 pounds or less of ODS refrigerant and those that contain 50 or more pounds of ODS refrigerant. As discussed above, EPA is proposing to extend those current recordkeeping requirements to appliances containing substitutes. In addition, EPA is proposing to require that technicians, or the company employing technicians, keep records of the amount of ODS and substitute refrigerant recovered when disposing of appliances that fall in the gap between those two size categories. EPA is also proposing to require recordkeeping documenting the quantity of ODS and substitute refrigerant transferred for reclamation or destruction that was recovered from those mid-sized appliances. Based on feedback from stakeholders when developing this rule, these records are often already maintained by contractors that are properly recovering refrigerant. Some stakeholders that adhere to the proper evacuation requirements have encouraged EPA to enforce against HVACR contractors that simply vent the refrigerant. These proposed records would improve compliance with the venting prohibition and facilitate enforcement against technicians who disregard the recovery requirements. 5. Update the Technician Certification Program Under the existing regulations, technicians must be certified in order to work on appliances in a manner that could release ODS refrigerants to the environment. EPA is proposing to extend those requirements to appliances containing non-exempt substitutes. Because the questions on the certification exam are over twenty years old and because EPA is proposing to revise the existing program though this rule, EPA is planning to update and develop new questions for use to certify technicians. EPA is also proposing to require that certifying organizations publish lists or create online databases of technicians that they certify. In addition to providing transparency to technicians’ customers and refrigerant distributors and wholesalers, this requirement PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 69467 would also make it easier for technicians to replace lost credentials. The amount of time spent by technicians trying to identify the organization that certified them is significant. EPA and certifying programs also spend a significant amount of time helping technicians who have lost their certification card. Published lists or online databases of certified technicians would help make this process more efficient. 6. Improving Readability and Compliance and Restructuring the Requirements EPA is proposing to make extensive revisions to the regulations in subpart F to more clearly state the requirements of the National Recycling and Emission Reduction Program and to remove potentially ambiguous language. These proposed edits will improve compliance among the regulated community and facilitate enforcement by EPA. First, EPA is proposing edits that would apply the principles of plain writing, based on guidance from the Office of the Federal Register. For example, EPA is proposing to add subheadings and plain English terms where appropriate. EPA’s intent with many of these edits is to improve readability, not change the content. For edits that are substantive, EPA discusses these proposed changes in this preamble. Second, EPA is proposing to divide § 82.156 ‘‘Required Practices’’ into three sections based on the topic. This proposal would create a new § 82.155 for provisions related to the safe disposal of small appliances, MVACs, and MVAC-like appliances. Section 82.156 would be amended to contain provisions related to the proper evacuation of refrigerant from appliances. This proposal would also create a new § 82.157 for provisions related to leak repair. EPA is also proposing to remove most of § 82.166, which currently contains the recordkeeping and reporting requirements for subpart F, and move specific recordkeeping and reporting provisions to the sections relevant to each record. Third, EPA is proposing to remove unnecessary content such as provisions that have expired, definitions that simply restate the regulatory provisions, and definitions to terms that are no longer used. The rule would also combine and streamline repetitive text. Along those lines, this proposal would merge tables 2 and 3 in § 82.158 into a single table. EPA is providing a red-line version of the regulatory text in the docket that E:\FR\FM\09NOP3.SGM 09NOP3 69468 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules shows the edits to the current regulations to allow the reader to identify the specific proposed changes. EPA solicits comments generally on how to simplify and clarify the requirements in subpart F. Aside from the specific substantive changes discussed in this notice, EPA’s intent is not to alter or reopen the substantive content of these regulations. Therefore, EPA also requests comments on the specific proposed edits to the regulatory text to make sure that they do not unintentionally change the underlying meanings or requirements of the rule. srobinson on DSK5SPTVN1PROD with PROPOSALS3 III. The Clean Air Act and EPA’s Authority for the Proposed Revisions This section contains a summary of the relevant CAA provisions and a general description of how EPA interprets them to authorize the proposed revisions in this notice. More specific discussions of EPA’s authority for certain revisions are included in further detail in the sections describing the corresponding revisions. Section 608 of the CAA requires EPA to establish a comprehensive program to limit emissions of ozone-depleting refrigerants. Section 608 also prohibits the knowing release or disposal of ozone-depleting refrigerants and their substitutes during the maintenance, service, repair, or disposal of airconditioning and refrigeration appliances or IPR. Section 608 is divided into three subsections. Section 608(a) requires EPA to promulgate regulations establishing standards and requirements for the use and disposal of class I and class II substances during the maintenance, service, repair, or disposal of airconditioning and refrigeration appliances or IPR containing ODS. Such regulations shall include requirements to reduce the use and emission of ODS to the lowest achievable level, and to 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 minimize use of 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(b) requires that the regulations issued pursuant to subsection (a) contain requirements for the safe disposal of class I and class II substances, including requirements that such substances shall be removed from such appliances, machines, or other goods prior to the disposal of such items or their delivery for recycling. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 Section 608(c) establishes a selfeffectuating prohibition, commonly called the ‘‘venting prohibition,’’ that generally speaking, makes it unlawful to knowingly release ODS and substitute refrigerants into the environment while servicing or disposing of airconditioning or refrigeration equipment. More specifically, section 608(c)(1), effective July 1, 1992, makes it unlawful for any person in the course of maintaining, servicing, repairing, or disposing of an appliance or IPR to knowingly vent, release, or dispose of any ODS used as a refrigerant in such equipment in a manner that permits that 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 such a substance. Section 608(c)(2) extends the provisions of (c)(1), including the prohibition on venting to substitutes for class I and class II refrigerants, effective November 15, 1995, unless the Administrator determines that such venting, release, or disposal ‘‘does not pose a threat to the environment.’’ EPA has determined through prior rulemakings that specific substances do not pose a threat to the environment when vented, released, or disposed of and has exempted those specific substitutes from the venting prohibition. The full list of substitutes that EPA has exempted from this prohibition is at § 82.154(a).5 On May 14, 1993, EPA published regulations implementing subsections (a), (b), and (c)(1) for ODS (58 FR 28660). These regulations include evacuation requirements for appliances being serviced or disposed of, standards and testing requirements for recovery and/or recycling equipment, certification requirements for technicians, purity standards and testing requirements for used refrigerant sold to a new owner, certification requirements for refrigerant reclaimers, leak repair requirements, and requirements for the safe disposal of appliances that enter the waste stream with the charge intact. This rule also stated that the Agency interprets ‘‘de minimis’’ to mean releases that occur while the recycling and recovery requirements of regulations under sections 608 and 609 are followed. Section 608 of the CAA provides the primary statutory basis for the standards and requirements proposed in these regulations. The statutory standards 5 EPA is using the term ‘‘non-exempt substitute’’ in this notice to refer to substitute refrigerants that have not been exempted from the venting prohibition under CAA section 608(c)(2) and 40 CFR 82.154(a). PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 under section 608(a) against which the regulations concerning the use and disposal of ozone-depleting substances are to be measured is whether they ‘‘reduce the use and emission of such substances to the lowest achievable level’’ and ‘‘maximize the recapture and recycling of such substances.’’ In the context of recycling, these standards are complementary, i.e., maximizing recycling will also mean reducing the use and emission of these substances to the lowest achievable level. These standards also bear a relationship to the de minimis releases permitted in section 608(c). In other words, emissions that occur while complying with EPA’s recovery and recycling requirements, which result in the lowest achievable level of emissions, are considered de minimis. The phrase ‘‘lowest achievable level’’ as used in section 608(a)(3) is not clear on its face as to whether economic factors should be considered in determining what is the ‘‘lowest achievable level.’’ Title VI does not further explain or define the term nor does it expressly state whether economic factors may or must be considered. Thus, EPA has discretion to adopt a reasonable interpretation. EPA has previously interpreted this phrase to allow the consideration of economic factors. See 58 FR 28659, 28667 (May 14, 1993). EPA is not proposing to change that interpretation and has considered economic as well as technological factors in the development of this proposed rule. This is consistent with the statement made on the floor of the House of Representatives by Representative Ralph Hall shortly before passage of the Clean Air Act Amendments of 1990 that ‘‘[i]n promulgating regulations [under section 608] the Administrator shall take into account the extent to which emissions reductions can be achieved, the costs and benefits of implementing available controls, and the time before which certain uses may no longer rely on the covered substances’’ (Cong Rec H 12907 (Oct 26, 1990)). The phrase ‘‘de minimis releases associated with good faith attempts to recapture and recycle or safely dispose of any such substance’’ as used in section 608(c)(1) and as applied to substitutes through section 608(c)(2) is similarly not clear on its face as to whether economic factors may be considered in determining what is de minimis. Title VI does not further address this issue. Thus, EPA has discretion to adopt a reasonable interpretation. EPA interprets this phrase to allow the consideration of economic factors. The Senate Manager’s E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules Statement for the Clean Air Act Amendments of 1990 indicates that ‘‘the exception is included to account for the fact that in the course of properly using recapture and recycling equipment, it may not be possible to prevent some small amount of leakage’’ (Cong. Rec. S 16948 (Oct. 27, 1990)). EPA does not read this statement as expressing an intent that the Agency consider only technological factors in setting standards for recapture and recycling equipment and the proper use of such equipment. Rather, EPA understands it as meaning that once those standards are set, only the small amount of emissions that cannot be prevented by following such standards should be exempted. Because the statutory language does not dictate a particular means of taking economic factors into account, if at all, EPA has discretion to adopt a reasonable means. In developing this proposed rule, EPA has not applied a strict cost-benefit test, but rather has focused primarily on the state of air conditioning and refrigeration best practices and recovery technology, while also giving consideration to costs and benefits. The fact that industry has identified and uses these best practices indicates they are at least reasonable from a cost perspective. As discussed in the appliance maintenance and leak repair section (section VI.F of this preamble), EPA considered what is achievable from a technical perspective, while also considering the costs of the proposed requirements and the benefits from those changes when determining whether to establish new requirements. See the technical support document in the docket for sensitivity analyses conducted on various options. Generally, the proposed requirements reflect the performance of the lowestemitting equipment and practices in each sector under commonly encountered conditions in the field, taking into account that the variability of those conditions is significant in each air-conditioning and refrigeration sector. For example, some appliances generally have more leaks than others. An industrial process refrigeration appliance can have thousands of pounds of refrigerant running through miles of piping, resulting in numerous opportunities for leaks to occur, whereas a household refrigerator typically has about one pound of refrigerant in a hermetically sealed refrigerant loop that rarely leaks. EPA has proposed requirements that reflect that difference. EPA also considered costs in many specific aspects of this proposal. For example, EPA considered the costs of VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 extending the refrigerant sales restriction to small cans of non-exempt substitutes used for MVAC servicing. Based on those considerations, EPA decided to propose requiring manufacturers install self-sealing valves on small cans rather than limiting the sale of small cans to certified technicians only. Finally, EPA relied heavily on the existing program and requirements already in place for ODS refrigerants rather than developing a new and separate set of requirements for non-exempt substitutes. This will allow the regulated community to use existing compliance procedures where applicable to reduce emissions of nonexempt substitutes rather than having to develop wholly new approaches to managing compliance. Authority for Extending 608 to Substitutes In this rule, EPA is proposing to extend, as appropriate, provisions of the refrigerant recovery and/or recycling regulations, which currently only apply to ODS refrigerants, to non-exempt substitute refrigerants. EPA’s authority for this action rests largely on section 608(c), which EPA interprets, as described below in more detail, to provide authority to promulgate regulations to interpret, implement, and enforce the venting prohibition, as it applies to both ODS refrigerants and non-exempt substitutes. EPA’s authority to issue implementing regulations for section 608(c) is supplemented by section 301(a), which provides authority for EPA to ‘‘prescribe such regulations as are necessary to carry out [the EPA Administrator’s] functions under this Act.’’ In addition, EPA’s authority to extend the recordkeeping and reporting requirements to substitutes is supplemented by section 114, which provides authority to the EPA Administrator to require recordkeeping and reporting in carrying out provisions of the CAA. Finally, as explained in more detail below, the extension of requirements under 608 to non-exempt substitutes in this proposal is also provided in section 608(a) because it would reduce emissions of ODS refrigerants. Section 608 of the CAA is ambiguous with regard to EPA’s authority to establish refrigerant management regulations for substitute refrigerants. As Congress has not precisely spoken to this issue, EPA has the discretion to adopt a permissible interpretation of the CAA. Chevron, U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 843–44 (1984). Primarily under the authority of section 608(a), EPA has established standards for the proper PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 69469 handling of ODS refrigerants during the maintenance, service, repair, or disposal of an appliance to maximize the recovery and/or recycling of such substances and reduce the use and emission of such substances. Section 608(a) expressly requires EPA to promulgate regulations that apply to class I and class II substances, but is silent on whether its requirements apply to substitute substances. On the other hand, section 608(c)(2) contains provisions for substitute refrigerants which parallel those for ODS refrigerants in section 608(c)(1). For instance, as for ODS refrigerants under section 608(c)(1), section 608(c)(2) prohibits knowingly venting, releasing, or disposing of any substitute refrigerant during the maintenance, service, repair, or disposal of an appliance in a manner which permits the substance to enter the environment.6 This creates a tension or ambiguity because the regulated community is subject to an explicit and self-effectuating prohibition on venting or releasing non-exempt substitute refrigerants while servicing or disposing of equipment but at the same time is not explicitly required by section 608(a) to recover and recycle substitute refrigerant prior to servicing or disposing of equipment or to engage in any of the practices or behaviors that EPA has established to minimize the emission and release of ODS refrigerants. Moreover, the Agency is aware that some amount of refrigerant, whether ODS or substitute, is inevitably released during the maintenance, servicing, repair, and disposal of air-conditioning or refrigeration appliances or equipment. Without a clear regulatory framework for determining what requirements apply during the maintenance, servicing, repair, and disposal of such equipment containing a non-exempt substitute refrigerant, it could be unclear to the regulated community and the public whether such releases violate the venting prohibition and what steps must be taken to comply with CAA obligations for such substitute refrigerants in undertaking such actions. Accordingly, it is appropriate to issue regulations to clarify how the venting prohibition and the de minimis exemption apply to non6 As noted above, this venting prohibition does not apply to substitutes for which the Administrator has made a determination that such venting, release, or disposal ‘‘does not pose a threat to the environment’’ under CAA 608(c)(2). As indicated elsewhere in this proposal, EPA is not proposing to extend the requirements of the refrigerant management program to substitutes that have been exempted from the venting prohibition in this action. E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 69470 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules exempt substitute refrigerants, as is proposed in this rulemaking. In doing so, EPA intends to clarify that the regulated community may rely on the de minimis exemption to the venting prohibition if they follow the amended requirements in subpart F. Consistent with the language of sections 608(c)(1) and (2), these revisions aim to avoid knowing releases of non-exempt substitute refrigerants into the environment in the course of maintaining, servicing, repairing, or disposing of an appliance or IPR, unless those releases meet the criteria for de minimis releases. Section 608(c)(1) provides an exemption from the venting prohibition for ‘‘[d]e minimis releases associated with good faith attempts to recapture and recycle or safely dispose of any such [class I or class II] substance.’’ In this context, EPA interprets this provision to exempt releases that occur while the recycling and recovery requirements of regulations under sections 608 and 609 are followed and has promulgated regulations that implement that interpretation. In particular, as explained above, EPA has incorporated both the venting prohibition and the de minimis exemption into the regulations at § 82.154(a). Further, the last sentence in § 82.154(a)(2) provides that ‘‘refrigerant releases shall be considered de minimis only if they occur when’’ enumerated regulatory practices in either § 82.156, § 82.158, and § 82.161, or, alternatively, subpart B are followed. These requirements are the ones established in 1993, as explained above and as periodically amended. The term refrigerant, however, is defined in § 82.152 for purposes of this subpart to mean any substance consisting in part or whole of a class I or class II ozonedepleting substance that is used for heat transfer purposes and provides a cooling effect. As such, this term does not include substitute substances. In addition, EPA has not yet applied the recycling and recovery requirements to non-ODS substitutes, and therefore these provisions which make clear how to qualify for the de minimis exemption for ODS refrigerants do not currently apply for substitute refrigerants. Section 608(c) can be interpreted such that the statutory de minimis exemption contained in section 608(c)(1) also applies to substitute refrigerants. Section 608(c)(2) states that, effective November 15, 1995, ‘‘paragraph 1 shall also apply’’ to the venting, release, or disposal of any substitute substance for class I or class II substances. As section 608(c)(2) incorporates ‘‘paragraph 1’’ it is reasonable to interpret it to also contain this de minimis exemption. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 However, the CAA does not explicitly address what should be considered ‘‘good faith attempts to recapture and recycle or safely dispose’’ for substitute refrigerants. Moreover, the statutory provisions that require EPA to promulgate regulations addressing recapturing and recycling requirements and safe disposal requirements in section 608(a) and 608(b) expressly mention that they apply to ODS refrigerants but are silent as to application to substitute refrigerants. This silence and the corresponding tension between these provisions creates an ambiguity in section 608 and a gap that EPA may fill with a permissible interpretation. Chevron, U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 843–44 (1984). While Congress did not expressly mention substitutes in section 608(a), EPA does have authority under the Act to establish regulations creating a program to address management of ODS refrigerants and their substitutes, including authority to implement the venting prohibition under section 608(c) for both substitutes and ODS, and the revisions proposed today are important to implementing those statutory authorities. Consistent with the interpretation of section 608(c)(2) as incorporating the de minimis exemption, EPA’s regulations at § 82.154(a)(2) state that ‘‘[d]e minimis releases associated with good faith attempts to recycle or recover . . . nonexempt substitutes are not subject to this prohibition,’’ thus extending the statutory de minimis exemption from the venting prohibition to good faith efforts to recycle or recover non-exempt substitute refrigerants. However, in contrast to the regulations for ODS refrigerants, the regulations do not provide any specific provisions to explain how to determine what constitutes such a ‘‘good faith attempt’’ with respect to substitute refrigerants. Thus, the regulations are currently unclear as to what requirements or practices regulated parties must follow to qualify for the de minimis exemption, and thereby comply with the venting prohibition, for non-exempt substitute refrigerants. On June 11, 1998, EPA proposed to extend the de minimis exemption in section 608(c)(1) to substitute refrigerants and to issue regulations under section 608(c)(2) that implement and clarify the venting prohibition for substitutes (63 FR 32044). As stated in that proposed rule, ‘‘while section 608(c) is self-effectuating, EPA regulations are necessary to define ‘(d)e minimis releases associated with good faith attempts to recapture and recycle PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 or safely dispose’ of such substances and to effectively implement and enforce the venting prohibition.’’ In the final rule issued March 12, 2004 (69 FR 11946), EPA extended the 608(c)(1) de minimis exemption only to blends containing an ODS component. As stated in that rule at 69 FR 11949: [V]enting of all substitute refrigerants, including HFC and PFC refrigerants (and blends thereof) is prohibited under section 608(c), with the exception of de minimis releases associated with good faith attempts to recapture and recycle. The de minimis releases exception, however, is not selfeffectuating, nor is it self-explanatory. EPA believes that regulatory clarification is necessary to define such ‘[d]e minimis releases’ and ‘good faith attempts to recapture and recycle or safely dispose of any such substance’ and safely dispose of appliances to effectively implement and enforce the venting prohibition. Section 608(c)(1) in conjunction with 608(c)(2) of the Act allow for an exemption for de minimis releases associated with good faith attempts to recapture and recycle or safely dispose of substitutes for class I and class II ODSs used as refrigerants. A regulation reflecting the statutory requirement for recovery of substitute refrigerants is an essential part of a regulatory framework within which de minimis releases and good faith attempts to recapture and recycle or safely dispose of substitute refrigerants can be defined. This interpretation that the statutory de minimis exemption applies to substitutes is consistent with the interpretation of section 608(c)(1) and (2) that EPA articulates in this section. The March 2004 Rule then goes on to state at 69 FR 11953 that: EPA is not, however, finalizing the proposal to extend all of the regulations concerning emissions reduction of CFC and HCFC refrigerants, found at 40 CFR part 82, subpart F, to HFC and PFC refrigerants. Therefore, today’s rule does not mandate any of the following proposed requirements for HFC or PFC refrigerants that do not consist of a class I or class II ODS (i.e., pure HFC or PFC refrigerants): A sales restriction on HFC or PFC refrigerants; specific evacuation levels for servicing HFC or PFC appliances; certification of HFC or PFC recycling and recovery equipment; certification of technicians who work with HFC or PFC appliances; reclamation requirements for used HFC and PFC refrigerants; certification of refrigerant reclaimers who reclaim only HFCs or PFCs; or leak repair requirements for HFC and PFC appliances. Following the March 12, 2004, rulemaking, the Administrator promulgated a direct final rule to amend the regulatory definitions of refrigerant and technician, as well as the venting prohibition, to correct and clarify the intent of those regulations (70 FR 19273, April 13, 2005). As part of that change, EPA edited the regulatory venting prohibition to reflect the statutory de E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules minimis exception in section 608(c)(2). As explained at 70 FR 19275: srobinson on DSK5SPTVN1PROD with PROPOSALS3 In accordance with section 608(c)(2) of Title VI of the Clean Air Act (as amended in 1990), de minimis releases associated with good faith attempts to recapture and recycle or safely dispose of such substitutes shall not be subject to the prohibition. EPA has not promulgated regulations mandating certification of refrigerant recycling/recovery equipment intended for use with substitutes; therefore, EPA is not including a regulatory provision for the mandatory use of certified recovery/recycling equipment as an option for determining de minimis releases of substitutes. However, the lack of a regulatory provision should not be interpreted as an exemption to the venting prohibition for nonexempted substitutes. The regulatory prohibition at § 82.154(a) reflects the statutory reference to de minimis releases of substitutes as they pertain to good faith attempts to recapture and recycle or safely dispose of such substitutes. In order to emphasize that the knowing venting of HFC and PFC substitutes remains illegal during the maintenance, service, repair, and disposal of appliances and to make certain that the de minimis exemption for refrigerants remains in the regulatory prohibition, § 82.154(a) is amended to reflect the venting prohibition of section 608(c)(2) of the Act. In that action, EPA added the phrase ‘‘De minimis releases associated with good faith attempts to recycle or recover refrigerants or non-exempt substitutes are not subject to this prohibition’’ to § 82.154(a)(2) (emphasis added). However, because EPA has not extended the section 608 recycling and recovery requirements to substitute refrigerants, it is unclear how this exception applies to non-exempt substitute refrigerants that do not contain an ODS. As EPA has stated previously, the Agency is aware that some amount of refrigerant is released during the servicing of appliances even if precautions to avoid such releases are taken. For ODS refrigerants, the regulations on recovery and recyling provide certainty to the regulated community that if specific practices that EPA has identified are followed, regulated entities will not be held liable for releases of small amounts of refrigerant incidental to these actions. These regulations support the recovery or recycling of refrigerants and reduce the emissions of such substances. To provide the same clarity and certainty to the regulated community for substitute refrigerants, it is important to clarify how this exemption applies to nonexempt substitute refrigerants that do not contain an ODS. To do so, EPA is proposing to extend the amended regulations concerning emissions reduction and recapture and recycling of CFC and HCFC refrigerants, found at 40 CFR part 82, subpart F, to all VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 substitute refrigerants that have not been exempted from the venting prohibition under § 82.154(a)(1). Regulations intended to minimize the release and maximize the recapture and recovery of non-exempt substitutes will reduce the release and increase the recovery of ozone-depleting substances. For that reason, this proposal is additionally supported by the authority in section 608(a). Improper handling of substitute refrigerants is likely to contaminate appliances and recovery cylinders with mixtures of ODS and non-ODS substitutes. In particular, technician certification and a sales restriction help to ensure that persons lacking the expertise tested through certification do not release or contaminate ODS refrigerants in the course of using non-exempt substitutes to recharge or perform other work on systems that contain ODS. Contaminated appliances can lead to failures and emissions from those systems. Contaminated cylinders are less valuable to reclaimers and may not even be accepted by reclaimers as the mixed gas may no longer be costeffectively recycled. Often, contaminated cylinders simply have to be destroyed. The costs of handling or properly disposing of these mixed refrigerants incentivizes intentional releases to the atmosphere. Therefore contamination can lead to the release of class I and class II substances. In addition, applying one consistent set of requirements to all relevant refrigerants will promote compliance with and enforcement of those requirements for both ODS refrigerants and their substitutes by reducing complexity. EPA further notes that under the current definition of refrigerant any substance that consists in whole or in part of a class I or class II ODS and is used for heat transfer and provides a cooling effect, is a refrigerant and is subject to the requirements for ODS. However, when a regulated entity believes it is using a substitute refrigerant, and that substitute becomes contaminated with ODS, the contamination may not be apparent to the user, and thus, the user may not be aware that the requirements for refrigerants apply to that substance. In sum, the authority to promulgate regulations regarding the use of class I and II substances encompasses the proper handling of alternatives where this is needed to reduce emissions and maximize recovery of class I and II substances. Applying one consistent set of requirements to all non-exempt refrigerants will promote compliance with and enforcement of those requirements for both ozone-depleting PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 69471 refrigerants and their substitutes by reducing complexity and clarifying requirements. Authority for Amendments to Provisions Related to ODS In addition to extending the existing regulations in subpart F to substitute refrigerants, EPA is also proposing the following amendments related to ozonedepleting substances: Lowered leak rates, required leak inspections, twoyear leak limits, and recordkeeping requirements for the disposal of appliances containing between five and 50 pounds of refrigerant. EPA is also proposing to update and revise many provisions in subpart F to improve clarity and enforceability. EPA’s authority for these amendments is based primarily on section 608(a), which requires EPA to promulgate regulations regarding the 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.’’ In addition, because EPA is further elaborating the requirements and practices that regulated parties must follow to qualify for the de minimis exemption from the venting prohibition, EPA is drawing on its authority under section 608(c). EPA’s authority for these actions is also supplemented by section 301(a) and 114, as described above. EPA solicits comments on all aspects of the discussion in this section concerning its authority for the revisions proposed today, including comments on its authority to extend the amended regulations concerning emissions reduction and recapture and recycling of CFC and HCFC refrigerants, found at 40 CFR part 82, subpart F, to all non-exempt substitute refrigerants. How CAA Sections 608 and 609 Work Together While Section 608 covers all appliances, Section 609 of the CAA directs EPA to establish requirements to prevent the release of refrigerants during the servicing of MVACs specifically. MVACs are defined as mechanical vapor compression refrigeration equipment used to cool the driver’s or passenger’s compartment of any motor vehicle. EPA also regulates MVAC-like appliances under this section, which are used to cool the driver’s or passenger’s compartment of off-road vehicles, including agricultural and construction vehicles. Under section 609, no person repairing or servicing motor vehicles for consideration may perform any service on an MVAC that involves the refrigerant without properly using E:\FR\FM\09NOP3.SGM 09NOP3 69472 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS3 approved refrigerant recovery or recovery and recycling equipment and no such person may perform such service unless such person has been properly trained and certified. Refrigerant handling equipment must be certified by EPA or an independent organization approved by EPA. Section 609 also prohibits the sale or distribution of any class I or class II MVAC refrigerant in a container of less than 20 pounds to any person that is not certified under section 609. Regulations issued under section 609 are in 40 CFR part 82, subpart B. Subpart B includes information on prohibitions and required practices (§ 82.34), approved refrigerant handling equipment (§ 82.36), approved independent standards testing organizations (§ 82.38), and certification, recordkeeping, and public notification requirements (§ 82.42). Appendices A–F of subpart B provide standards for minimum operating requirements for MVAC servicing equipment. The section 608 regulations found in 40 CFR part 82, subpart F are applicable to MVAC and MVAC-like appliances because MVAC and MVAC-like appliances are included in the statutory definition of appliances in section 601(1). Because servicing and technician training and certification are regulated under section 609, EPA’s section 608 regulations defer to those requirements. Procedures involving MVACs that are not regulated under section 609, such as the disposal of MVACs and the purchase of refrigerant for use in MVAC, are covered by section 608. The prohibition against venting ODS and substitute refrigerants in section 608 is also applicable to refrigerants used in MVAC and MVAClike appliances. Through this rulemaking EPA is proposing to extend the provisions of section 608 to alternatives to ODS, including those used in MVACs. EPA is not updating the regulations under section 609 as part of this rulemaking because the 609 regulations have been applicable to all substitute substances since 1995.7 7 The Agency has indicated plans to issue a separate proposed rule to consider adopting standards from the Society of Automotive Engineers (SAE) for servicing equipment in 40 CFR subpart B. These standards are: SAE J2843 R–1234yf Recovery/ Recycling/Recharging Equipment for Flammable Refrigerants for Mobile Air-Conditioning Systems, SAE J2851 Recovery Equipment for Contaminated Refrigerant from Mobile Automotive Air Conditioning Systems, and SAE J3030 Automotive Refrigerant Recovery/Recycling Equipment Intended for Use with Multiple Refrigerants. In a separate future proposed rule, EPA intends to propose to incorporate by reference these standards VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 IV. The Proposed Rule A. Proposed Changes to the Definitions in Section 82.152 EPA is proposing to update and clarify many of the definitions in subpart F. EPA is also proposing to add new definitions and remove definitions that have the sole purpose of restating the required practice. In general, these changes are to improve readability, increase consistency with how the term is used in the regulatory text, and specifically incorporate substitute refrigerants as appropriate. Proposed changes to each term are discussed individually below, except for the terms refrigerant and appliance as well as full charge and seasonal variance which are sufficiently interrelated to require joint discussions. EPA requests comments on all of the proposed changes to the definitions below. The Agency is particularly interested in comments on newly defined terms and on changes to definitions that affect the scope and requirements of subpart F. Refrigerant and Appliance The existing definitions in subpart F are written to separate ozone-depleting substances from non-ozone-depleting substitutes. As relevant here, section 601 of the CAA defines an appliance as a ‘‘device which contains and uses a class I or class II substance as a refrigerant.’’ Class I and class II substances are defined as substances listed under sections 602(a) or (b), respectively. Section 601 of the CAA does not define refrigerant. EPA’s existing regulations at § 82.152 reach that definition through a two-step process. First EPA defined an appliance as a device which contains and uses a refrigerant. Then EPA defined the term refrigerant as solely class I or class II ozone-depleting substances, or mixtures containing a class I or class II ODS. Defining these terms in this manner was appropriate before section 608(c)(2) took effect on November 15, 1995. Under section 608(c)(2), the venting prohibition applies to substitutes for ODS refrigerants and, accordingly, it states that ‘‘[f]or purposes of this paragraph’’ the term appliance includes any ‘‘device which contains and uses as a refrigerant a substitute substance.’’ However, EPA has not updated the definition of appliance in subpart F to reflect section 608(c)(2). Because EPA regulations still define an appliance as a device that contains and uses a refrigerant, and refrigerant in such a developed by SAE International’s Interior Climate Control Committee. PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 way that does not include substitutes, substitutes are thereby excluded from the regulatory definition of the term appliance. This leads to confusing results throughout subpart F. As only one example among many that could be provided, the purpose and scope section in § 82.150(b) states that this subpart applies to any person servicing, maintaining, or repairing appliances. Under the regulatory definition substitutes are not used in appliances, but regulations later in this subpart, at § 82.154(a)(1), state that no person maintaining appliances may knowingly vent any substitute from such appliances unless one of the regulatorily defined exceptions applies. This proposed rule attempts to clear up these inconsistencies by defining and using regulatory terms more consistently. EPA is proposing to revise the definition of appliance so that it encompasses the usage of the term in sections 601 and 608 of the CAA. This rule proposes to define appliance as any device which contains and uses a class I or class II substance or substitute (emphasis added) as a refrigerant and which is used for household or commercial purposes, including any air conditioner, motor vehicle air conditioner, refrigerator, chiller, or freezer. This proposed change would make the regulatory definition consistent with sections 601 and 608 of the CAA, improve internal consistency of the regulations, and increase clarity for the regulated community. EPA is proposing to amend the definition of refrigerant to include any substance, including blends and mixtures, consisting in part or whole of a class I or class II ozone-depleting substance or substitute (emphasis added) that is used for heat transfer purposes and provides a cooling effect. This proposed definition would note that the term refrigerant would include blends as well as mixtures of refrigerants. EPA is proposing this approach so as to define refrigerant according to the way the term is currently understood. From an engineering standpoint, it does not matter whether or not a compound is an ODS to function as a refrigerant. This amended definition is closer to how the term is commonly understood. Broadening the term also brings other terms in subpart F such as refrigerant circuit or reclaimed refrigerant more in line with common usage. Apprentice EPA is proposing to amend the definition of the term apprentice to replace the ‘‘Bureau of Apprenticeship and Training’’ with the ‘‘Office of E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules Apprenticeship’’ to match the current name of the office. EPA is also proposing minor edits to improve clarity and readability. ODS, and class II refrigerant interchangeably) and all are intended to have the same meaning for the purpose of subpart F. Approved Equipment Testing Organization EPA is proposing to remove the defined term approved equipment testing organization. The current definition is merely a reference to the section of the CFR that discusses the characteristics of such an organization. EPA is proposing to remove the definition to increase readability. Comfort Cooling srobinson on DSK5SPTVN1PROD with PROPOSALS3 Certified Refrigerant Recovery or Recycling Equipment EPA is proposing to remove the defined term certified refrigerant recovery or recycling equipment. The current definition merely refers to the sections of the CFR that discuss the certification program. This term is also used inconsistently throughout subpart F as ‘‘recovery and recycling equipment,’’ ‘‘recovery or recycling equipment,’’ ‘‘recycling and recovery equipment,’’ and ‘‘recycling or recovery equipment.’’ The regulations at § 82.36 make a distinction, in the context of MVAC servicing, between equipment that only recovers refrigerant and equipment that both recovers and recycles refrigerant. The regulations in subpart F generally do not make a distinction. The standards in appendices B1 and B2 refer to recovery and/or recycling equipment while the standard in appendix C for small appliances refers to recovery equipment only. For consistency, this rule proposes to use ‘‘recovery and/or recycling equipment’’ throughout, except for when referring only to small appliances. Class I and Class II EPA is proposing to create regulatory definitions for the terms class I and class II ozone-depleting substances. These terms are currently defined in section 601 of the CAA and in 40 CFR part 82, subpart A. EPA is not proposing a different meaning. Adding definitions to subpart F can assist the reader as these terms are currently not explained in the definitions section and are used frequently in the regulations. EPA’s proposed definition of class I is an ozone-depleting substance that is listed in 40 CFR part 82, subpart A, appendix A. Similarly, EPA’s proposed definition of class II is an ozone-depleting substance that is listed in 40 CFR part 82, subpart A, appendix B. EPA notes that the regulatory text uses class I substance, class I ODS, and class I refrigerant interchangeably (and similarly uses class II substance, class II VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 EPA is proposing to create a definition for the term comfort cooling. The leak repair provisions divide refrigeration and air-conditioning equipment into three categories: Comfort cooling, commercial refrigeration, and industrial process refrigeration. EPA has previously defined commercial refrigeration and industrial process refrigeration but not comfort cooling. For purposes of the leak repair requirements, EPA is proposing to define comfort cooling as the airconditioning appliances used to provide cooling in order to control heat and/or humidity in facilities including but not limited to office buildings and light commercial buildings. Comfort cooling appliances include building chillers and roof-top self-contained units. They may be used for the comfort of occupants or for climate control to protect equipment within a facility, such as but not limited to computer rooms. EPA seeks comments on the applicability of the proposed definition of comfort cooling to air-conditioning equipment that is typically used to provide cooling and or humidity control in such environments. Commercial Refrigeration EPA is proposing to amend the definition of commercial refrigeration for clarity by removing the sentence that this equipment typically contains a charge size 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 between 50 pounds, as stated in the leak repair required practices, and 75 pounds. The Agency feels that the phrase is not required since the threshold for the leak repair requirements is a refrigerant charge of 50 pounds or greater. EPA is proposing to define commercial refrigeration as the refrigeration appliances used in the retail food and cold storage warehouse sectors. Retail food includes the refrigeration equipment found in supermarkets, convenience stores, restaurants and other food service establishments. Cold storage includes the refrigeration equipment used to store meat, produce, dairy products, and other perishable goods. PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 69473 Critical Component EPA is proposing to remove the defined term critical component and add the term component. EPA proposed the same change in the proposed 2010 Leak Repair Rule. As discussed in that rule, EPA considers components as the parts of the appliance that 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. The meaning of the definition can be preserved without classifying the component as critical. Owners or operators of IPR may be granted additional time to make repairs if critical components cannot be delivered within the necessary time. Later in this action, EPA discusses its proposal to create a consistent set of extensions to the leak repair regulations for all types of appliances. The unavailability of a component is not a situation unique to owners or operators of IPR. Owners or operators of comfort cooling and commercial refrigeration appliances should be granted the same flexibility as owners and operators of IPR 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 complexity of the current leak repair regulations. Therefore, EPA is proposing to amend the definition so that it is not limited to IPR, but also includes comfort cooling and commercial refrigeration appliances. EPA also proposes to replace the current defined term critical component with the newly defined term component, which would mean an appliance part, such as, but not limited to, compressors, condensers, evaporators, receivers and all of its connections and subassemblies. The term component is intended to be broader so everything that would have been covered under the term critical component would be included. Custom-Built EPA is proposing to amend the definition of the term custom-built to remove a citation to a section of the regulation that has moved. Disposal EPA is proposing to amend the definition of the term disposal to clarify that the disposal process includes the destruction of an appliance that releases or would release refrigerant to the E:\FR\FM\09NOP3.SGM 09NOP3 69474 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules environment. This proposed change is intended to cover activities such as vandalism or the cutting of refrigerant lines, both to steal metal and to vent the refrigerant. EPA is also proposing to clarify that the disassembly of an appliance for recycling, as well as reuse, is part of the disposal process. EPA does not believe that these changes alter the current understanding of the term and is proposing them to increase clarity. srobinson on DSK5SPTVN1PROD with PROPOSALS3 Follow-Up Verification Test EPA is proposing to amend the definition of the term follow-up verification test to remove duplicative text covered in § 82.156 ‘‘Required Practices.’’ The proposed revisions describe what the test is and how it is conducted and not what the regulatory requirements of the test are, which this rule proposes to move to § 82.157(f). EPA is proposing to define follow-up verification test as those tests that involve checking the repairs to an appliance after a successful initial verification test and after the appliance has returned to normal operating characteristics and conditions to verify that the repairs were successful. Followup 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. EPA is not proposing to specify one test that would satisfy the definition of follow-up verification. In addition, these methods are not meant to be allinclusive, but are intended to provide examples of known methodologies of performing leak repair verification tests. Full Charge and Seasonal Variance EPA is proposing to amend the definition of the term full charge to account for seasonal variances and to make minor edits for readability. EPA noted in the proposed 2010 Leak Repair Rule that owners or operators of commercial refrigeration appliances and IPR 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. 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). EPA proposed in 2010 to allow owners or operators to estimate the effect that seasonal variances have on appliance components by making calculations based on component sizes, density of refrigerant, volume of piping, VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 and other relevant considerations. EPA continues to believe that owners or operators should be able to take seasonal variances into account in determining the full charge. Unlike the 2010 proposal, EPA is proposing that seasonal variances be accounted for using the actual amount of refrigerant added to or evacuated from the appliance, rather than estimates. EPA is proposing to define full charge 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 of the equipment manufacturer’s determination of the full charge; (2) Use of appropriate calculations based on component sizes, density of refrigerant, volume of piping, and other relevant considerations; (3) Use of actual measurements of the amount of refrigerant added to or evacuated from the appliance, including for seasonal variances; and/or (4) Use of 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 is proposing to create a defined term seasonal variance to mean the addition of refrigerant to an appliance due to a change in ambient conditions caused by a change in season, followed by the subsequent removal of an equal amount of refrigerant due to a later corresponding change in season, where both the addition and removal of refrigerant occurs within one consecutive 12-month period. The proposal to account for seasonal variance when calculating appliance leak rates is discussed further in Section IV.F. of this preamble. Unlike in the 2010 proposal, EPA is not proposing to require that an owner or operator choose solely one method rather than a combination of methods to determine full charge. There are instances where multiple methods may be necessary to accurately determine the full charge. In addition, EPA is not proposing that owners or operators commit to the same method for the life of the appliance. However, as discussed later in this notice, EPA is proposing to require a written record of the full charge, the method(s) used to determine the full charge, and any changes to that amount. High-Pressure Appliance EPA is proposing to amend the definition of the term high-pressure PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 appliance to update the list of example refrigerants. The proposed changes to the terms appliance and refrigerant carry over into this term as well. Therefore, under the proposed revisions high-pressure appliances would include those that use ODS and non-ODS refrigerants. EPA is proposing to update the list of example refrigerants with the most common types currently used in these systems, including ODS and nonODS refrigerants. Specifically, these are R–22, R–407A, R–407C, R–410A, and R– 502. Industrial Process Refrigeration EPA is proposing to amend the definition of the term industrial process refrigeration to make minor clarifications for readability and to remove a citation to a section of the regulation that has moved. EPA is proposing to define industrial process refrigeration as complex customized appliances that are directly linked to the processes used in, for example, the chemical, pharmaceutical, petrochemical, and manufacturing industries. 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. Industrial Process Shutdown EPA is proposing to amend the definition of the term industrial process shutdown to remove a citation to a section of the regulation that has moved. Initial Verification Test EPA is proposing to amend the definition of the term initial verification test to remove duplicative text covered in the required practices section of the regulation. The proposed revisions describe in general terms what the test is, not what the requirements of the test are. The purpose of the test is to verify that an appliance has been repaired prior to adding refrigerant back into the system. The requirements for an initial verification test are described in Section IV.F.10 of this preamble. EPA is proposing to define initial verification test as those leak tests that are conducted as soon as practicable after the repair is finished to verify that a leak or leaks have been repaired before refrigerant is added back to the appliance. E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules Leak Inspection EPA is proposing to create a new defined term leak inspection. EPA is proposing to require that owners or operators conduct annual or quarterly leak inspections for appliances normally containing 50 or more pounds of refrigerant. EPA is proposing to define leak inspection as the examination of appliances using a calibrated leak detection device, a bubble test, or visual inspection for oil residue in order to determine the presence and location of refrigerant leaks. This definition appropriately covers the techniques currently used to detect the location of leaks. This term encompasses activities that can be performed by someone who is not a certified technician, unlike some of the activities listed in the definition of the term follow-up verification test. The proposed term for leak inspection does not include activities that would assist in determining whether a system is leaking generally, such as viewing receiver levels, pressure gauges, or adding refrigerant. However, EPA encourages persons conducting leak inspections to also review receiver levels if applicable. srobinson on DSK5SPTVN1PROD with PROPOSALS3 Leak Rate EPA is proposing to amend the definition of the term leak rate to change the calculation performed under what is called Method 2 under the existing rules. Currently, the first step of that method is to take the sum of the quantity of refrigerant added to the appliance over the previous 365-day period (or over the period that has passed since leaks in the appliance were last repaired, if that period is less than one year). Instead of the cut-off being since the last repair (if less than 365 days), EPA is proposing to amend Step 1 to cover the period of time since the last successful follow-up verification test (if less than 365 days have passed since the last refrigerant addition). This proposed change would improve the clarity of the requirements, because under the existing definition, it is unclear if the repair has to be successful in order to be considered in the leak rate calculation; these proposed revisions are intended to clarify that it must be. As discussed later in this preamble, EPA is proposing to allow repairs and initial and follow-up verification tests to occur in the same visit by a certified technician. This will likely result in the verification tests occurring on the same day as the repair. EPA is also proposing to rename the two methods from Method 1 and Method 2 to ‘‘Annualizing Method’’ and VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 ‘‘Rolling Average Method’’ to improve readability. Finally, EPA is proposing to clarify that while the same leak rate calculation must be used for all appliances at the same facility, this only refers to the appliances subject to the leak repair provisions (i.e. appliances normally containing 50 or more pounds of refrigerant). Low-Pressure Appliance EPA is proposing to amend the definition of the term low-pressure appliance to update the list of example refrigerants. The proposed changes to the terms appliance and refrigerant carry over into this term as well. Therefore, under the proposed revisions low-pressure appliances would include those that use ODS and non-ODS refrigerants. EPA is proposing to update the list of example refrigerants with the most common types currently used in these systems, including ODS and nonODS refrigerants. Specifically, these are R–11, R–123, R–113, R–245fa, and R– 1233zd(E). Medium-Pressure Appliance EPA is proposing to amend the definition of the term medium-pressure appliance to update the list of example refrigerants. The proposed changes to the terms appliance and refrigerant carry over into this term as well. Therefore, under the proposed revisions medium-pressure appliances would include those that use ODS and nonODS refrigerants. EPA is proposing to update the list of example refrigerants with the most common types currently used in these systems, including ODS and non-ODS refrigerants. Specifically, these are R–114, R–124, R–12, R–134a, and R–500. Mothball EPA is proposing to change the defined term system mothballing to mothball to reflect how it is used in the regulations. Mothballing an appliance suspends the time needed to complete repairs, retrofit or retirement plans, or completion of a retrofit or retirement for IPR that have triggered the leak repair requirements. The current exemption for system mothballing at § 82.154(i)(10) is available only for IPR. EPA is proposing to extend that exemption to all appliances, therefore EPA is proposing to remove the reference to ‘‘refrigeration’’ appliances in the definition. The current definition also requires that the appliance be shut down for ‘‘an extended period of time.’’ EPA does not believe that the length of time that the system is shut down is controlling, but rather that the system has been removed from service PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 69475 temporarily, as opposed to permanently retired, and that the refrigerant has been evacuated. EPA is also proposing to clarify that the suspension of time ends when refrigerant is added back into the appliance. The revised definition also notes that refrigerant can be evacuated from an isolated component of the appliance and makes minor edits to improve clarity and readability. Therefore, EPA is proposing the term mothball to mean to evacuate refrigerant from an appliance, or the affected isolated section or component of an appliance, to at least atmospheric pressure, and to temporarily shut down that appliance. Normal Operating Characteristics and Conditions EPA is proposing to change the defined term normal operating characteristics or conditions by replacing ‘‘or’’ with ‘‘and’’ for consistency through the regulations and to accurately describe the intended state of the appliance to which this term refers. EPA is also proposing to remove a reference to a section of the regulation that has moved. EPA is further proposing to add a reference to the appliance’s full charge. Operating at full charge is a necessary element of an appliance’s normal characteristics and it should be reflected in the definition. Finally, EPA is clarifying that this term extends to all appliances, not just refrigeration appliances. This term is currently used in the regulatory text in reference to all types of air-conditioning and refrigeration systems. Normally Containing a Quantity of Refrigerant EPA is proposing to remove the defined term Normally containing a quantity of refrigerant. This term merely indicates the quantity of refrigerant in an appliance at full charge and it may be confusing to have two defined terms to make the same point. EPA is proposing to replace this term wherever it is found with the phrase ‘‘with a full charge of.’’ One-Time Expansion Device EPA is proposing to amend the definition of the term one-time expansion device to make clear that this includes devices that can store multiple charges, which are released individually to the environment to provide a cooling effect. EPA is proposing to define onetime expansion device as an appliance that relies on the release of its refrigerant charge to the environment in order to provide a cooling effect. These are typically single releases but could also include products that are designed E:\FR\FM\09NOP3.SGM 09NOP3 69476 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules to release refrigerant to the environment through multiple individual charges. Opening an Appliance EPA is proposing to amend the definition of the term opening an appliance to improve readability. Reclaim EPA is proposing to change the defined term reclaim refrigerant to reclaim so as to match usage in the regulatory text. EPA is also proposing to update the Air Conditioning, Refrigeration, and Heating Institute (AHRI) standard referenced in the definition. This updated standard includes non-ODS refrigerants. Recover EPA is proposing to change the defined term recover refrigerant to recover so as to match usage in the regulatory text. srobinson on DSK5SPTVN1PROD with PROPOSALS3 Recycle In the context of recycling refrigerant, EPA is proposing to change the defined term recycle refrigerant to recycle so as to match usage in the regulatory text. EPA is also proposing to clarify in the definition that reuse of recycled refrigerant must occur in equipment of the same owner or operator. EPA has previously prohibited in § 82.154(g) the sale of used refrigerant unless it has been reclaimed or is being transferred to an appliance owned by the same parent company or by the same Federal agency or department. EPA is also making minor changes to improve readability. Retire EPA is proposing to create a defined term retire in reference to appliances to mean the disassembly of the entire appliance including its major components, such that the appliance as a whole cannot be used by any person in the future. Retirement means that any remaining refrigerant would be recovered from the appliance followed by the dismantling and disposal of the appliance components. Retirement differs from mothballing as defined at § 82.152 because a mothballed appliance is simply evacuated and shut down until it is ready to be used once again, whereas retirement involves a permanent shutdown and disassembly of an appliance. Retirement should also not be confused with a repair. Repair is not expressly defined in the subpart F regulations. It may include the removal of a faulty component, but such removal does not mean that the appliance as a whole has been removed from service and rendered unfit for use by the current or any future owner or operator. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 Throughout this rule, ‘‘replacement’’ or ‘‘replace’’ may be used when discussing a situation where an existing appliance is retired, and replaced with another appliance. In some instances, however, the owner or operator may choose to only retire and not replace an appliance so the two terms are not always used together. Retrofit EPA is proposing to create a defined term retrofit. As discussed in the proposed 2010 Leak Repair Rule, many appliance owners or operators have incorrectly equated the two terms retrofit and repair. EPA does not view a retrofit or the need to retrofit as a repair. Although repair is not expressly defined in the subpart F regulations, EPA considers a repair to include an action that addresses the leaking appliance or the affected component(s) of the leaking appliance. Repairs may include replacement of components or component subassemblies, whereas EPA uses the term retrofit to refer to a change to the appliance in order to convert it to the use of a different refrigerant. EPA does not use the term to apply to upgrades or repairs to existing equipment where the refrigerant is not changed. Retrofits often require changes to the appliance (for example, change in lubricants, filter driers, gaskets, o-rings, and in some cases, components) in order to acquire system compatibility. Self-Sealing Valve EPA is proposing to create a defined term self-sealing valve. A self-sealing valve means a valve affixed to a container of refrigerant that automatically seals when not actively dispensing refrigerant and that meets or exceeds established performance criteria as identified in § 82.154(f)(2). The purpose of a self-sealing valve is to prevent or minimize inadvertent release of refrigerant to the environment during the use and storage of the container of refrigerant. EPA discusses the requirement for self-sealing valves for small cans of MVAC refrigerant in more detail in Section IV.H.4 of this preamble. Small Appliance EPA is proposing to amend the definition of the term small appliance to remove the reference to class I and class II refrigerants. The proposed changes to the terms appliance and refrigerant carry over into this term as well. Therefore, under this proposal small appliances would include those that use ODS and non-ODS refrigerants. EPA is also proposing to add portable air PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 conditioners to the list of example appliances. Substitute EPA is proposing to amend the definition of the term substitute to remove the phrases ‘‘EPA-approved’’ and ‘‘in a given refrigeration or airconditioning end-use.’’ These phrases are references to the SNAP program, which identifies acceptable alternatives to ODS for specific end-uses. EPA is proposing to remove this reference because the Agency has recently changed the status of certain refrigerants from acceptable to unacceptable for new retail food refrigeration equipment, vending machines, and motor vehicle air conditioning (80 FR 42870; July 20, 2015). EPA does not mean to imply that finding a refrigerant to be unacceptable in a given end-use under SNAP means that it is no longer included within the term substitute and thus by extension the term refrigerant. Were that the case, those substitutes could be inadvertently exempted from the safe handling requirements of subpart F. EPA is making this change to prevent that confusion, especially since the Agency is allowing for the servicing of existing appliances designed to use refrigerants that the Agency recently listed as unacceptable in new (and in some cases) retrofitted appliances. In the revised definition, any chemical or product, whether existing or new, that is used by any person as a replacement for a class I or II ozone-depleting substance would be considered a substitute, even if it has been recently listed as unacceptable under SNAP in some end-uses. As discussed above, EPA is also proposing to incorporate the term substitute within the term refrigerant. By defining the term substitute in this way, and incorporating it into the definition of refrigerant, EPA intends to apply the requirements in subpart F to all substances that are functionally refrigerants, including but not limited to HFCs, PFCs, HFOs, hydrofluoroethers, and hydrocarbons. Multiple stakeholders at the November 2014 meeting encouraged EPA to treat all refrigerants in the same manner. With the exception of those substances specifically exempted from the venting prohibition, requiring all substances used as refrigerants to be handled in the same manner will reduce confusion and ultimately prevent emissions of both ODS refrigerants and non-ODS, highGWP refrigerants. As discussed later in this notice, EPA will continue to exempt through regulation certain substitutes from the venting prohibition, and the other safe handling provisions in E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules subpart F, based on a determination that their release does not pose a threat to the environment. This is the case in the current regulations, for instance, with all approved uses of hydrocarbon refrigerants, ammonia, and CO2. Suitable Replacement Refrigerant EPA is proposing to remove the defined term suitable replacement refrigerant. The existing leak repair regulations allow for additional time to retrofit or retire an appliance using an ODS refrigerant if a suitable replacement refrigerant with a lower ozone depletion potential is unavailable. This is the only place this term is used in subpart F. EPA is proposing to remove the extension due to the unavailability of a suitable replacement, as discussed in Section IV.F.13 of this notice. It is therefore appropriate to remove the term from the list of definitions. srobinson on DSK5SPTVN1PROD with PROPOSALS3 System Receiver EPA is proposing to create a defined term system receiver to provide clarity to the reader. This definition is currently found in a parenthetical in the regulatory text at § 82.156(a). This term is used when describing the required practices to properly evacuate refrigerant from an appliance and the definition does not introduce any new concepts to the evacuation requirements currently stated in the parenthetical. EPA is proposing to define system receiver to mean the isolated portion of the appliance, or a specific vessel within the appliance, that is used to hold the refrigerant charge during the servicing or repair of that appliance. Technician EPA is proposing to amend the definition of the term technician to improve clarity. The revised definition highlights that the determining factor for being a technician is the performance of actions that could reasonably be expected to violate the integrity of the refrigerant circuit. In general, only technicians should be performing actions that could violate the integrity of the refrigerant circuit and could therefore release refrigerant into the environment. The exception to that general statement, which the revised definition makes clear, is that persons maintaining, servicing, or repairing MVACs and persons disposing of small appliances, MVACs, or MVAClike appliances do not need to be technicians. This proposed change does not affect the scope of the existing requirements but rather is intended to address feedback from stakeholders that the Agency should clarify which VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 activities must be conducted by technicians and which need not be. The current definition of technician also includes a non-exclusive list of example activities that are reasonably expected to violate the integrity of the refrigerant circuit as well as examples of activities that do not. EPA considered proposing to create a separate definition for that term but found it unnecessary to do so as it only appears within the definition of technician. EPA is proposing to make changes to these examples for clarity and to add the following two examples of activities reasonably expected to violate the integrity of the refrigerant circuit: Adding or removing components and cutting the refrigerant line. EPA is proposing to add these to the list of examples to improve the enforceability of these regulations. Very High-Pressure Appliance EPA is proposing to amend the definition of the term very high-pressure appliance to update the list of example refrigerants. The proposed changes to the terms appliance and refrigerant carry over into this term as well. Therefore, under the proposed revisions very high-pressure appliances would include those that use ODS and nonODS refrigerants. EPA is proposing to update the list of example refrigerants with the most common types currently used in these systems, including ODS and non-ODS refrigerants. Specifically, these are R–13, R–23, R–503, R–508A, and R–508B. Voluntary Certification Program EPA is proposing to remove the defined term voluntary certification program. This term references a provision in the regulations that grandfathered in technicians who were certified prior to the establishment of the technician certification program in subpart F. EPA is proposing to remove these grandfathering provisions and therefore is proposing to remove the definition as well. The rationale for proposing to remove this grandfathering provision is discussed with the technician certification proposals below. B. Proposed Changes to the Venting Prohibition in Section 82.154 1. Background As explained in section III of this notice, § 82.154(a) currently prohibits the venting of ODS refrigerants and nonODS substitutes to the environment. This regulatory provision also currently provides an exemption to the venting prohibition for certain substitutes in PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 69477 specific end-uses based on a determination that the listed substitutes in the listed end-uses do not pose a risk to the environment when released. This section also exempts from the venting prohibition de minimis releases of ODS refrigerants and non-exempt substitute refrigerants, and defines de minimis releases of ODS refrigerants to be those releases that occur when the other provisions of subpart F (or subpart B in the case of MVACs) are followed. 2. Applying the de Minimis Exemption to Substitute Refrigerants The knowing venting, release, or disposal of substitutes for class I and class II refrigerants during maintenance, service, repair, or disposal of an appliance or IPR is expressly prohibited by section 608(c)(1) and (2) of the CAA, effective November 15, 1995, unless the Administrator determines that such venting, release, or disposal does not pose a threat to the environment. This prohibition is commonly called the venting prohibition. As explained in more detail above, section 608(c)(1) establishes the venting prohibition for class I and class II substances, and also establishes an exemption from the prohibition for de minimis releases associated with good faith attempts to recapture and recycle or safely dispose of ‘‘any such substance.’’ The statutory language of section 608(c)(2) extends paragraph 608(c)(1) to substitutes for class I and class II substances used as refrigerants in appliances and IPR. This extension includes the prohibition on venting and the exemption for de minimis releases associated with good faith attempts to recapture and recycle or safely dispose of such substances. For class I and II substances EPA has interpreted those releases that occur despite compliance with EPA’s required practices for recycling and recovery under § 82.156, including use of recovery and/or recycling equipment certified under § 82.158, and technician certification programs under § 82.161 as de minimis. Thus, compliance with these regulations represents ‘‘good faith attempts to recapture and recycle or safely dispose’’ of refrigerant. Accordingly, the regulations at § 82.154(a)(2) currently provide that releases of ODS refrigerants are considered de minimis only if they occur when the other provisions of subpart F (or subpart B in the case of MVACs) are followed. As noted above, although the regulations at § 82.154(a) exempt de minimis releases of nonexempt substitutes from the venting prohibition, the regulations do not provide any express guidance for such substitutes as to what practices are E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 69478 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules considered ‘‘good faith attempts to recapture and recycle or safely dispose’’ of the substitute such that incidental releases would qualify for the de minimis exception. EPA proposes to interpret the phrase ‘‘good faith attempts to recapture and recycle or safely dispose’’ similarly when it applies to substitute refrigerants under section 608(c)(2) as when it applies to ODS refrigerants under section 608(c)(1). Thus, compliance with the proposed provisions and revisions regarding evacuation of equipment, use of certified equipment, and technician certification in any instance where a person is opening (or otherwise violating the refrigerant circuit) or disposing of an appliance, as defined in § 82.152 would represent ‘‘good faith attempts to recapture and recycle or safely dispose’’ of substitute refrigerants. EPA considers these provisions to appropriately represent good faith attempts to recapture and recycle or safely dispose of substitute refrigerants for the reasons discussed in EPA’s justification of each proposed provision below. Under this approach, emissions that take place during servicing or disposal when these provisions are not followed would not be de minimis emissions and would be subject to the venting prohibition. Conversely, this approach together with the proposal to include substitute refrigerants in the definition of the term refrigerant, would mean that substitute refrigerants would be included in the regulatory clarification that releases are only considered de minimis if they occur when these procedures or those under subpart B are followed. It is impossible to open appliances (or otherwise violate the refrigerant circuit) or dispose of appliances without emitting some of the refrigerant in that circuit, even if an effort is made to recapture. Even after the appliance has been evacuated, some refrigerant remains, which is released to the environment when the appliance is opened or disposed of. Other activities that fall short of opening or disposing of the appliance but that involve violation of the refrigerant circuit also release refrigerant, albeit in very small quantities, because connectors (e.g., between hoses or gauges and the appliance) never join together without intervening space. Even in the best case in which a good seal is made between a hose and an appliance before the valve between them is opened, some refrigerant will remain in the space between the valve and the outer seal after the valve is closed. This refrigerant will be released when the outer seal is broken. Thus, whenever a person opens VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 an appliance (or otherwise violates the refrigerant circuit) in the course of maintaining, servicing, repairing, or disposing that appliance, he or she could violate the venting prohibition unless the exception for de minimis releases applies. Because EPA is proposing to define the exception for substitute refrigerants such that it only applies when the person complies with the existing refrigerant management provisions, compliance with the proposed provisions will ensure that any releases incidental to these practices will be considered de minimis and thus will not violate the venting prohibition under section 608(c)(2). EPA invites comments on applying these provisions of subpart F to substitute refrigerants. 3. Exempting Certain Substitutes From the Venting Prohibition EPA is proposing to explicitly state in the regulatory text that the substitutes exempted from the venting prohibition in § 82.154(a)(1) are also exempt from the other provisions of subpart F. EPA has previously determined that these substances do not pose a threat to the environment when vented or otherwise released. Given that decision, it would generally not make sense to require procedures for recovery or safe disposal, or to apply other provisions of subpart F to those exempt refrigerants. This is consistent with the intent of section 608(c)(2), which states that the Administrator may determine that not just the venting but also the ‘‘releasing, or disposing’’ of such substance does not pose a threat to the environment. EPA does not view this as a substantive change but rather as a clarification of the existing regulations. This proposed revision will also help to ensure that the extension of substantive requirements to substitutes does not inadvertently lead to application of those requirements to exempt substitutes. EPA is also proposing to reorganize the list of exempt substitutes by refrigerant type for readability. All of the specific end-uses for that substance would appear in one place. EPA is not proposing any changes to those enduses or adding or removing any substitutes from the list. 4. Releases From Containers EPA is moving the existing regulatory provision in § 82.154(a)(2) that states that the venting prohibition applies to the release of refrigerant (both ODS and non-exempt substitute refrigerants) after its recovery from an appliance. EPA is moving this provision to a separate subparagraph (§ 82.154(a)(3)) rather than its current location in the description of PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 a de minimis release. Standing alone should make the provision clearer that it is a violation of the venting prohibition to vent or otherwise release refrigerant after that refrigerant is recovered from an appliance, whether from cylinders, recovery equipment, or any other storage container or device. EPA wishes to highlight that the venting prohibition cannot be obviated through using a recovery device and subsequently releasing the refrigerant. This is especially important because refrigerant recovered from appliances may be contaminated or be a mixture of multiple refrigerants. Such refrigerant may be difficult to reclaim or may require a fee for proper disposal or destruction. In light of those difficulties, it is important to emphasize that venting this refrigerant, even though it is in a cylinder and not an appliance, is illegal. 5. Removing Effective Dates EPA is proposing to remove the effective dates in § 82.154(a) and elsewhere in subpart F wherever it makes sense to do so. These other locations are § 82.154(d)–(f) and (i)–(k), § 82.156(f), § 82.158(a) and (n), § 82.161(a), and § 82.164(a). Many of the effective dates are 1993 or 1994 when the program was established and it is now well understood that these provisions currently apply. Others refer to the specific standards for recovery and/or recycling equipment, which EPA addresses below. EPA does not want to remove an effective date where it is important for understanding the timing of the regulations. For example, EPA is proposing to remove the separate effective date references in § 82.154(a) but may decide to leave the June 9, 2015, effective date for the alternatives added under a recent SNAP rule (April 10, 2015; 80 FR 19454) as it is relatively new. EPA specifically encourages comments on whether removing effective dates in most instances is appropriate, both in § 82.154(a) and in other provisions of subpart F. C. Proposed Changes to the Refrigerant and Appliance Sales Restrictions in Section 82.154 1. Background Under the current regulations at § 82.154(m), the sale or distribution of a refrigerant containing a class I or class II substance, such as R–12, or refrigerant blends that include HCFCs, is restricted to technicians certified under sections 608 or 609 of the CAA. The sale or distribution of any class I or class II substance suitable for use in an MVAC that is in a container of less than 20 pounds may only be sold to technicians E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules certified under section 609. For example, any person who sells or distributes R–12 for use in an MVAC and that is in a container of less than 20 pounds must verify that the purchaser has obtained certification by an EPAapproved section 609 technician training and certification program. The current regulations at § 82.154(g) also restrict the sale of used ODS refrigerant sold for reuse unless certain conditions are met, the most important of which is that the refrigerant has been reclaimed. Sections 82.154(j) and (k) prohibit the sale of appliances containing an ODS refrigerant unless the appliance has a servicing aperture or process stub to facilitate the removal of refrigerant at servicing and disposal. Section 82.154(p) also currently prohibits the manufacture or import of one-time expansion devices that contain any refrigerant (ODS or non-ODS), other than exempted refrigerants. srobinson on DSK5SPTVN1PROD with PROPOSALS3 2. Extension to Substitute Refrigerants EPA is proposing to extend the sales restriction to HFCs and other nonexempt substitute refrigerants. The sales restriction would apply to non-exempt substitute refrigerants sold in all sizes of containers for use in all types of appliances. However, as discussed below, EPA is proposing to create an exception for small cans (two pounds or less) of refrigerant intended to service MVACs, so long as the cans are equipped with a self-sealing valve. EPA is also proposing to extend the restriction on the sale of used refrigerant to include used non-exempt substitute refrigerants and require that appliances containing such substitute refrigerants contain a servicing aperture or process stub to allow for recovery of the refrigerant. To extend the sales restriction, EPA is proposing to remove references to class I and class II substances where appropriate in these provisions and to replace them with the term refrigerant, which EPA is proposing to amend in § 82.152 to include substitutes. To avoid confusion, EPA is proposing to add a provision specifically noting that the sales restriction does not apply to substitutes that are exempt from the venting prohibition. EPA is also proposing to amend the purpose and scope statements at § 82.150, both of which describe the sales restriction as only affecting class I or class II ODS. EPA is proposing to add the term substitutes to these purpose and scope statements to clarify that the sales restriction, as well as the other provisions of the rule, would apply to ODS and substitute refrigerants. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 EPA restricted the sale of ODS refrigerant to certified technicians as a means of ensuring that only qualified individuals—those who have sufficient knowledge of the safe handling regulations—actually handle refrigerant. EPA considers the restriction on the sale of ODS refrigerant to be important for ensuring compliance with and aiding enforcement of the regulations issued under section 608 and section 609 of the CAA. This requirement also fits in well with EPA’s Next Generation Compliance strategy since compliance with this requirement is largely carried out by distributors who sell refrigerant to technicians. Limiting the sale of substitute refrigerants to technicians who have demonstrated knowledge of safe handling practices is important to minimizing the release of refrigerants during the maintenance, servicing and repair of appliances containing substitute refrigerants. A sales restriction for substitute refrigerants is also vital to extending the technician certification requirements to individuals working with substitute refrigerants. EPA more fully discusses later in the preamble how section 608(c) of the CAA provides authority for extending the technician certification program. As an element of that program, the same legal authority applies to the sales restriction. EPA is not proposing to rely on section 608(b)(2) of the CAA which explicitly requires servicing apertures or other similar design features for appliances containing an ODS refrigerant. Instead, in order to comply with the section 608(c) prohibition against the venting, release, or disposal of substitute refrigerants into the environment, similar design features must also be present on appliances containing such substitutes. These access points allow for the proper evacuation or recovery of substitute refrigerant, preventing releases to the atmosphere. Without these access points, it would be harder for persons servicing or disposing of such appliances to properly evacuate the refrigerant in accordance with § 82.156(b). Additionally, since refrigerant in an appliance will eventually leak out in the disposal process, such as when an appliance is crushed or shredded, failing to remove refrigerant prior to disposal could lead to a knowing release of refrigerant. These equipment requirements would prevent subsequent knowing releases of refrigerant. One-time expansion devices, by design, release their refrigerant charge to the environment in order to provide a cooling effect. Examples include selfchilled beverage containers that must be PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 69479 disposed of or recycled after each use, as well as reusable containers. The existing regulations limit the manufacture or import of one-time expansion devices to only those that contain exempted refrigerants. However, the definition of one-time expansion device refers to them as appliances containing a refrigerant, both of which under the existing regulations refer only to ODS refrigerants. This rule would clarify that ambiguity and clearly limit one-time expansion devices to those using exempt refrigerants. In addition to fully implementing 608(c) by clarifying how regulated entities may avail themselves of the de minimis exemption to the venting prohibition, these proposed changes would apply the same requirements for sales of ODS and substitute refrigerants (except those that are exempt from the 608(c) prohibition on venting), as well as for appliances containing ODS and substitute refrigerants. This should reduce potential confusion for the person maintaining, servicing, repairing and disposing of appliances, resulting in fewer releases of ODS and substitute refrigerants. For this reason, identical treatment will help to reduce ODS emissions to the lowest achievable level and lead to more recovery and recycling or reclamation of ODS. EPA also has authority under section 301(a) of the CAA to ‘‘prescribe such regulations as are necessary to carry out [its] functions under this Act.’’ As described above, section 301(a) provides additional authority for EPA to establish a sales restriction as a way to further implement the 608(a) and 608(c)(2) statutory requirements. EPA solicits comments on its authority for the proposed changes to these regulations. 3. Sales of Small Cans EPA is generally proposing to extend the sales restriction to substitute refrigerants but is also proposing a limited exception for small cans of MVAC refrigerant (two pounds or less). Historically, individuals have been able to purchase small cans of non-ODS refrigerant to service their own vehicles. This do-it-yourself (DIY) servicing is unique among the air-conditioning and refrigeration sector to the MVAC enduse. If the sales restriction were simply extended to substitute refrigerants without change, the sale of both small containers of refrigerant, which are used exclusively for DIY servicing of MVAC systems, and large (e.g. 25- or 30-pound) cylinders of refrigerant used by technicians to service MVAC and other appliances would be limited to certified technicians. As discussed below, this could be unnecessarily burdensome. A E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 69480 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules less burdensome option that EPA is proposing is to exempt small cans of MVAC refrigerant from the sales restriction and require that manufacturers install self-sealing valves that minimize the release of refrigerant during servicing. In the United States, HFC–134a has been used in all newly manufactured vehicles with air-conditioning systems since 1994 and almost all small cans of refrigerant sold for MVAC DIY use contain HFC–134a.8 Recently, the SNAP program listed HFO–1234yf, HFC–152a, and carbon dioxide (CO2 or R–744), three climate-friendly alternatives for MVAC, as acceptable subject to use conditions for use in new light-duty vehicles. Manufacturers are currently producing or are actively developing light-duty models using these three refrigerants. The proposed exception for small cans would apply to HFC–134a, HFO–1234yf, HFC–152a, as well as any additional MVAC refrigerants listed as acceptable subject to use conditions under SNAP that are not exempt from the venting prohibition. Because CO2 is exempt from the venting prohibition, it will not be subject to sales restrictions or, in turn, this exception. Currently, EPA has not received a submission of a unique fitting for use on a small can of HFO–1234yf; therefore, currently this refrigerant cannot be sold in small cans to individuals at this time. Most small cans are purchased by individuals servicing their own personal vehicles. Based on the NPD Automotive Aftermarket Industry Monitor, 2008, approximately 14 million small cans are sold each year. If EPA were to extend the sales restriction to small cans, individuals who normally service their own MVAC would be required to either seek certification under section 609 or take their car to a technician to be serviced. EPA estimates that the cost associated with those two actions could be as much as $1.5 billion per year. For more details, see Analysis of the Economic Impact and Benefits of Proposed Revisions to the National Recycling and Emission Reduction Program in the docket. In lieu of a costly sales restriction on small cans used for MVAC servicing, EPA sought input on alternate mechanisms for reducing refrigerant releases from those cans. EPA reached out to the Auto Care Association and the Automotive Refrigeration Products Institute, two associations that represent the vast majority of manufacturers of 8 ODS refrigerant for MVAC servicing that is sold in cylinders less than 20 pounds is currently restricted to technicians certified under section 609 of the CAA. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 small cans in the United States. The organizations referred EPA to California’s program, and in particular suggested that EPA consider CARB’s requirement that manufacturers install self-sealing valves on small cans. The organizations indicated that a nationwide requirement for self-sealing valves would be preferred to a sales restriction and would be a less costly way to reduce emissions. EPA then consulted with CARB to see if they had suggestions on ways to reduce refrigerant releases from small cans and to learn more about their experience with self-sealing valves. Based on California’s experience, self-sealing valves are an effective way to reduce emissions of HFCs used to service MVACs without limiting sales to certified technicians. These valves reduce the release of refrigerant during servicing and may also reduce releases from the can after the servicing is complete. According to industry representatives and CARB, self-sealing valves are estimated to cost $0.25 per can. Manufacturers are already producing small cans with self-sealing valves to meet California’s requirements. EPA heard from the manufacturers of those cans that they would not find it to be unduly burdensome to extend that restriction to all cans produced for sale in the United States, especially as compared to an extension of the sales restriction that would prohibit the sale of small cans completely. Because they are incorporated into the product, consistent with EPA’s Next Generation compliance principles, the individual servicing her or his personal MVAC would reduce emissions without any additional effort or training, as compared to using small cans of refrigerant on the market today that do not employ the self-sealing valve. Selfsealing valves would thus be an effective mechanism for controlling the release of refrigerant to the atmosphere. EPA is proposing to create in appendix E a standard for self-sealing valves that is based largely on CARB’s Test Procedure for Leaks from Small Containers of Automotive Refrigerant, TP–503, as amended January 5, 2010. To be consistent with the CARB standard and existing small cans that are already on the market, the leakage rate may not exceed 3.00 grams per year when the self-sealing valve is closed. This leakage rate applies to full containers as well as containers that have been used and are partially full. As described in Analysis of the Economic Impact and Benefits of Proposed Revisions to the National Recycling and Emission Reduction PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 Program, EPA estimates that a nationwide requirement to use selfsealing valves on all small cans will reduce emissions by more than 657,000 MTCO2eq. per year. EPA also anticipates there could be additional emissions reductions to the extent the self-sealing valves allow individuals to store and re-use the same can of refrigerant, reducing the need to buy additional small cans. Currently, a small can is typically used in one vehicle and then discarded with some refrigerant still remaining in the can. EPA estimates that the cost for this requirement would be approximately $3 million. EPA anticipates that the cost for self-sealing valves will decrease over time as manufacturers increase production and achieve greater economies of scale. EPA’s authority for this requirement is primarily in sections 608(c) and 301(a) of the CAA. EPA has the authority to require that anyone purchasing small cans of refrigerant be a certified technician, one element of the subpart F provisions needed to ensure that releases during the servicing of appliances are considered de minimis and thus exempt from the venting prohibition. However, EPA is proposing to require self-sealing valves as a lower cost option for minimizing the release of refrigerant during the servicing of MVACs. The requirement for selfsealing valves helps implement the venting prohibition under section 608(c) because it helps ensure that refrigerant is not released while servicing MVACs. The Agency is proposing to revise the regulations to clarify that any person servicing their personal MVAC with a small can that has a self-sealing valve installed may rely upon the de minimis exemption to the venting prohibition. As described previously, section 301(a) of the CAA provides supplemental authority for the Agency to ‘‘prescribe such regulations as are necessary to carry out [its] functions under this Act.’’ In this case, section 301(a) provides additional authority for EPA to require self-sealing valves on all small cans of substitute refrigerant sold after a date in the future to implement the 608(c)(2) venting prohibition. Small cans of refrigerant sold for MVAC servicing are different from containers of refrigerant sold for stationary refrigeration and airconditioning in that the small cans for MVAC are required to have unique fittings. The SNAP program requires as a use condition for MVAC refrigerants that the container and the MVAC system use unique fittings to prevent crosscontamination. If used properly, the unique fittings will not allow for the introduction of HFC–134a refrigerant E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules into a system using HFO–1234yf or another substitute refrigerant. Using an adapter or deliberately modifying a fitting to use a different refrigerant is a violation of the SNAP use conditions. EPA also believes that the unique fittings could reduce the likelihood that a small can will be used to service appliances other than MVACs that use substitute refrigerants, in contravention of the proposed sales restriction. Refrigerant sold for MVAC servicing is also different because of the types of equipment that could be serviced with a small can. First, the appliances that typically use HFC–134a (the mostcommon refrigerant that would be sold in small can for MVAC recharging) in a home would include appliances, like a refrigerator, that are hermetically sealed. Someone who wanted to open that appliance would need greater skill and specialized equipment to service the appliance since there wouldn’t be a servicing port to access. This should dissuade homeowners from using a small can to service other small appliances. Larger appliances that use HFC–134a, like a reach-in cooler, would need more than one small can to fully charge the appliance. Because of the cost of and the added effort to use multiple small cans to charge a larger appliance, it’s not practical for someone to use a small can. This would likely lead the person to purchase a larger container of refrigerant, which would require that the person be a certified technician. EPA requests comments on its proposal to exempt small cans of refrigerant for MVACs with self-sealing valves from the sales restriction, including the following: (1) Whether EPA should finalize the above-described exception for small cans if a self-sealing valve is affixed; (2) whether the agency should finalize a rule that creates an exemption for HFC–134a only or all MVAC refrigerants not exempt from the venting prohibition; (3) whether the agency should create an alternate selfsealing valve standard or use the CARB standard; (4) whether other standards exist or if other organizations are developing their own standards; (5) whether EPA should require labeling of small cans stating the refrigerant cannot be intentionally vented 9; (6) whether allowing the sale of small cans would allow individuals to circumvent the proposed sales restriction for stationary appliances; and (7) whether EPA should finalize an earlier compliance date than one year after publishing a final rule, 9 See the CARB document titled, ‘‘Certification Procedures for Small Containers of Automotive Refrigerant'' for additional information on labeling. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 such as six or nine months after publication of a final rule, if it is coupled with a sell-through provision for all small cans manufactured or imported prior to that effective date. A fuller discussion of effective and compliance dates can be found in section IV.M of this proposal. D. Proposed Changes to the Evacuation Requirements in Section 82.156 1. Background Under EPA’s existing regulation at § 82.156(a), ODS refrigerant must be transferred to a system receiver or to a certified recovery and/or recycling machine before appliances are opened for maintenance, service, or repair. The same requirement applies to appliances that are to be disposed of, except for small appliances, MVACs, and MVAClike appliances which have separate requirements currently under § 82.156(g) and (h). To ensure that the maximum amount of refrigerant is captured rather than released, EPA requires that air-conditioning and refrigeration appliances be evacuated to specified levels of vacuum. 2. Extension to Substitute Refrigerants EPA is proposing to extend the requirements at § 82.156 for appliances containing ODS refrigerants to appliances containing non-exempt substitute refrigerants. Therefore, before appliances containing non-exempt substitute refrigerants are opened for maintenance, service, or repair, the refrigerant in either the entire appliance or the part to be serviced (when it can be isolated) must be transferred to a system receiver or to a certified recovery and/or recycling machine. The same requirements would apply to equipment that is to be disposed of, except for small appliances, MVACs, and MVAClike appliances, which have separate requirements. i. Evacuation Levels for Appliances Other Than Small Appliances, MVACs, and MVAC-Like Appliances EPA is proposing revisions to § 82.156(a) such that appliances other than small appliances, MVACs, and MVAC-like appliances containing nonexempt substitute refrigerants be evacuated to the levels established for CFCs and HCFCs with similar saturation pressures. These levels are based on the saturation pressures of the refrigerant, which is a characteristic of the refrigerant independent of whether or not it is an ozone-depleting substance. As is the case for CFCs and HCFCs, the appropriate evacuation levels for HFCs and other substitutes would depend PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 69481 upon the size of the appliance and the date of manufacture of the recovery and/ or recycling equipment. Technicians repairing MVACs and MVAC-like appliances containing a substitute refrigerant would not be subject to the evacuation requirements below as they are currently subject to the requirement to ‘‘properly use’’ (as defined at § 82.32(e)) recovery/recycling and recovery-only equipment approved pursuant to § 82.36(a). ii. Evacuation Levels for Small Appliances. EPA is proposing revisions to § 82.156(b) to establish the same evacuation requirements for servicing small appliances charged with nonexempt substitute refrigerants as it has for small appliances charged with ODS refrigerants. Technicians opening small appliances for service, maintenance, or repair would be required to use equipment certified either under appendix B, based on AHRI 740, or under appendix C, Method for Testing Recovery Devices for Use with Small Appliances, to recover the refrigerant. Technicians using equipment certified under appendix B would have to pull a four-inch vacuum on the small appliance being evacuated. Technicians using equipment certified under appendix C would have to capture 90 percent of the refrigerant in the appliance if the compressor is operational, and 80 percent of the refrigerant if the compressor is not operational. Because the percentage of refrigerant mass recovered is very difficult to measure on any given job, technicians would have to adhere to the servicing procedure certified for that recovery system under appendix C to ensure that they achieve the required recovery efficiencies. EPA also is proposing revisions to § 82.156(b) to establish the same evacuation requirements for disposing of small appliances that are charged with non-exempt substitute refrigerants as it has for small appliances charged with ODS refrigerants. Providing a consistent standard for ODS and nonexempt substitute refrigerants will facilitate the recovery of both ODS and non-ODS refrigerants. MVACs and MVAC-like appliances would have to be evacuated to 102 mm (approximately equivalent to four inches) of mercury vacuum, and small appliances would have to have 80 or 90 percent of the refrigerant in them recovered (depending on whether or not the compressor was operational) or be evacuated to four inches of mercury vacuum. EPA notes that the original wording in the regulation was whether E:\FR\FM\09NOP3.SGM 09NOP3 69482 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS3 or not the compressor was ‘‘operating’’ rather than ‘‘operational.’’ This change to ‘‘operational’’ matches the preamble to the 1993 Rule (58 FR 28668) which initially describes the standard. This change also reflects the intent of the standard, which is to allow for a lower recovery rate when the small appliance does not work. EPA is also proposing to make the evacuation requirements for small appliances the same whether it is being opened for servicing or it is being disposed of. This new provision would apply to both ODS and substitute refrigerants. Currently, when using recovery equipment manufactured before November 15, 1993, a technician servicing a small appliance containing an ODS need only recover 80% of the refrigerant. The existing disposal requirements do not provide a category for the use of pre-1993 recovery equipment. EPA is proposing to allow that 80% level of evacuation for disposal to simplify and unify the requirements. This change will have minimal effect as few people continue to use recovery equipment manufactured prior to that date. EPA has authority under section 608(c) and 608(a) to require that appliances containing a substitute refrigerant be properly evacuated. The Agency has the authority to specify what practices constitute a good faith attempt to recapture substitute refrigerants in order to extend the de minimis exemption from the venting prohibition to substitute refrigerants. Such practices can include a requirement that an appliance be properly evacuated prior to servicing or disposal. Additionally, providing a consistent standard for ODS and substitute refrigerants will facilitate the recovery of both ODS and non-ODS refrigerants. Increased recovery of ODS refrigerant will reduce the emission of such refrigerants. The full discussion of the authority for this action is found in section III of this notice. 3. Records for Disposal of Appliances With a Charge Between Five and 50 Pounds EPA is proposing to add new recordkeeping requirements at § 82.156(a)(3) for the disposal of appliances normally containing more than five and less than 50 pounds of either ODS or substitute refrigerant. Most of these appliances are disassembled in the field before the components are recycled or disposed of. Under the proposed revisions, records would document the company name, location of the equipment, date of recovery, and the amount and type of VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 refrigerant removed from each appliance prior to disposal. In addition, EPA is proposing to require that records be kept to document the quantity and type of refrigerant that was shipped or sold for reclamation or destruction (e.g., to a certified reclaimer or refrigerant distributor or wholesaler). This requirement would apply to all technicians recovering refrigerant from appliances, not just those with a full charge between five and 50 pounds. The technician, or the company employing the technician, would be required to maintain these records for three years. Under the current regulations, whenever ODS refrigerant is added or removed from an appliance with 50 pounds or greater of full charge, the technician must generate a service record documenting the addition or recovery. EPA also requires records documenting that ODS refrigerant was properly recovered from small appliances (hermetically sealed appliances with 5 pounds or less of full charge), MVACs, and MVAC-like appliances. EPA discusses elsewhere in this notice its proposal to extend those requirements to appliances containing non-exempt substitute refrigerants. There are currently no recordkeeping requirements for the addition or recovery of refrigerant in appliances normally containing more than five and less than 50 pounds of refrigerant. Because of this gap in regulatory coverage and for the reasons described below, EPA is proposing to require recordkeeping by any person recovering refrigerant from an appliance normally containing more than five and less than 50 pounds of ODS or non-exempt substitute refrigerant. EPA has heard from stakeholders that venting regularly happens in appliances of this size. At a recent meeting EPA attended with air-conditioning and refrigeration contractors, the attendees were asked what percentage of technicians recover refrigerant. The estimates were generally between 10 to 30 percent, with the caveat that recovery is much more common in the refrigeration industry than the airconditioning industry. EPA also receives numerous tips each year of someone cutting refrigerant lines to quickly and illegally dispose of appliances of this size. While none of this feedback is conclusive, it is likely that venting occurs in violation of the CAA with some frequency. The potential emissions from appliances containing more than five and less than 50 pounds are significant. PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 Using EPA’s Vintaging Model,10 EPA estimated the number of appliances in this size category that are disposed of annually and the full charge of those appliances. EPA estimates there are 6.6 million appliances with a full charge of 27,300 MT of refrigerant (49.5 MMTCO2eq GWP-weighted MT, 960 ODP-weighted MT) disposed of annually. This represents 45 percent of the total amount of HCFC and HFC refrigerants charged into all appliances being disposed annually. Thus, under the current regulations, there is a significant amount of refrigerant, especially from a climate perspective, that could be vented without any record being generated to document recovery or facilitate enforcement. EPA’s benefits assessment does not calculate any additional emissions reductions from this proposal because the existing regulations already require recovery when appliances are disposed. However, in practical terms, requiring a record from each disposal event should drive more technicians to comply with the existing requirement. This change also improves rule effectiveness by creating uniform expectations so the technician knows that a record is required when disposing of any appliance, not just appliances with 50 or more pounds of refrigerant or small appliances, MVAC, and MVAC-like appliances. EPA has also heard from stakeholders, including in public fora such as the public meeting in November 2014, that EPA should increase enforcement of the venting prohibition. They indicated that technicians will knowingly and illegally vent refrigerant if they think EPA will not bring an enforcement action. While cases have been brought against individuals who have illegally vented refrigerant, having a recovery record would improve the success of future cases. After discussions with stakeholders, establishing a recordkeeping requirement for the category of appliances that are most frequently vented by technicians would be the most practical and least burdensome way to improve the Agency’s ability to enforce the venting 10 EPA’s Vintaging Model estimates the annual chemical emissions from industry sectors that have historically used ODS, including air-conditioning and refrigeration. The model uses information on the market size and growth for each of the end-uses, as well as a history and projections of the market transition from ODS to alternatives. The model tracks emissions of annual ‘‘vintages’’ of new equipment that enter into operation by incorporating information on estimates of the quantity of equipment or products sold, serviced, and retired or converted each year, and the quantity of the compound required to manufacture, charge, and/or maintain the equipment. E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules prohibition. Technicians who do not recover refrigerant and do not have records to show that they recover refrigerant would be open to enforcement action under the proposed changes. EPA understands that some, but nowhere near all, appliances are disposed of because they have broken down and lost their full refrigerant charge. In such cases, to comply with the requirement technicians would only need to note that they attempted to recover refrigerant but none was present. EPA has authority to establish this requirement under sections 608(a), 608(c), 114, and 301(a) consistent with the description of these authorities offered above. Section 608(a) gives EPA explicit authority to implement requirements that reduce ODS refrigerant emissions to the lowest achievable level. This proposed recordkeeping requirement would further the recovery of ODS refrigerants and discourage the illegal venting of such refrigerants from appliances containing more than five and less than 50 pounds of refrigerant. Because it would minimize the emission of ODS refrigerant, EPA has authority for this proposal as it relates to ODS appliances under 608(a). EPA also has authority under sections 114, 608(c), and 608(a) to require that technicians document that appliances containing a substitute refrigerant have been properly evacuated. Section 114 of the CAA provides the primary authority to establish these recordkeeping and reporting requirements. In addition, the Agency has the authority to specify what practices constitute a good faith attempt to recapture substitute refrigerants in order to extend the de minimis exemption from the venting prohibition to substitute refrigerants. Such practices can include documentation and recordkeeping. Additionally, providing a consistent standard for ODS and substitute refrigerants will facilitate the recovery of both ODS and non-ODS refrigerants. Increased recovery of ODS refrigerant will reduce the emission of such refrigerants. The full discussion of the authority for this action is found in section III of this notice. EPA seeks comments on this proposed recordkeeping requirement. Specifically, EPA seeks comments on whether keeping track of refrigerant recovered from appliances and sent offsite for reclamation, refrigerant banking, or destruction is a common practice for these appliances. EPA also seeks comments on whether this requirement would close the recordkeeping gap or if VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 EPA should remove the lower limit of below 5 pounds. EPA expects that some appliances (e.g. some mini split AC and small remote condensing refrigeration systems) may not be covered by this recordkeeping requirement because they have charges less than 5 pounds. Therefore, EPA also specifically invites comments on whether this requirement should apply to all appliances that are disassembled in the field, regardless of the charge size. Likewise, EPA requests comments on whether the proposed records for five to 50 pound systems should be kept for appliances containing more than 50 pounds given the proposed recordkeeping requirements for appliances with 50 or more pounds (see discussion in section IV.F). 4. Clarifications and Edits for Readability EPA is proposing to move the provisions of § 82.156 ‘‘Required Practices’’ into three separate sections: § 82.155 would address the safe disposal of small appliances, MVACs, and MVAC-like appliances; § 82.157 would address appliance maintenance and leak repair for appliances containing 50 or more pounds of refrigerant; and § 82.156 would address the proper evacuation of refrigerant from appliances. These provisions tend to affect different stakeholders so dividing them into separate sections will make the required provisions easier to find. Within § 82.156, EPA is proposing to separate the evacuation requirements into the following categories: (a) Appliances other than small appliances, MVACs, and MVAC-like appliances; (b) small appliances, and (c) MVACs and MVAC-like appliances. With the exception of the evacuation of small appliances for disposal using recovery equipment manufactured before November 15, 1993, this proposed reorganization would not change the current evacuation requirements for the different types of appliances under § 82.156. Within § 82.156(a) and (b), EPA is proposing to reorganize the requirements to state the general requirement first followed by specific circumstances that allow for different evacuation levels. EPA is not proposing to change the required levels of evacuation in table 1. Nor is EPA proposing to change the circumstances that would allow for alternate evacuation levels or to change those alternate levels. PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 69483 E. Proposed Changes to the Safe Disposal Provisions in Section 82.156(f) 1. Background In the 1993 Rule, EPA established specific requirements for the safe disposal of small appliances, MVACs, and MVAC-like appliances containing ODS refrigerant that enter the waste stream with the refrigerant charge intact. Under the existing rules at § 82.156(f), persons who take the final step in the disposal process of such appliances must either recover any remaining refrigerant in the appliance or verify that the refrigerant has previously been recovered from the appliance or shipment of appliances. If they verify that the refrigerant has been recovered previously, they must retain a signed statement attesting to this or a contract from the supplier of the appliances for three years. Recovery equipment used to remove the refrigerant must meet certain standards but does not need to be certified by a third party. Persons recovering the refrigerant need not be certified technicians. 2. Clarifications to the Existing Program EPA is using this opportunity to clarify certain requirements of the existing safe disposal program. The safe disposal regulations require actions of three separate groups of people: the final processor, the supplier of appliances for disposal, and the person who recovers the refrigerant. The final processor is the person who takes the final step in the disposal process, typically a scrap recycler or landfill operator, where the appliance is in such a condition that the refrigerant cannot reasonably be expected to be recovered. The supplier is the person dropping off the appliance (or shipment of appliances) for disposal. The person who recovers the refrigerant may be the final processor, the supplier, or a separate third entity. As discussed below, to make the safe disposal requirements easier to find in the regulations, EPA is proposing to move these requirements to a new section § 82.155. EPA is clarifying here that under the existing requirements refrigerant may be recovered at any stage in the disposal process, even prior to the supplier taking possession. As EPA stated in the 1993 Rule establishing the safe disposal program, ‘‘the supplier to the final processor does not have to remove the refrigerant but then must assure, through an accompanying certification, that refrigerant has been removed earlier in the disposal chain. Any copies of the certificate of removal provided to the supplier could be passed on to the final E:\FR\FM\09NOP3.SGM 09NOP3 69484 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS3 processor.’’ (58 FR 28704–28705). EPA’s intent has been to provide the flexibility needed to permit the recovery of refrigerant by the entity in the disposal chain that can accomplish that task most efficiently while at the same time establishing a mechanism to help ensure that the refrigerant has not simply been illegally vented. This signed certification serves both goals. EPA also wishes to address potential confusion related to whether the rules apply to equipment that is crushed or has had components removed. As EPA stated in the 1993 Rule, ‘‘the Agency understands that crushed automobiles commonly arrive at scrap facilities and that such automobiles no longer contain refrigerant. Consequently, it may be safely presumed that refrigerant is no longer present in equipment that is received in such condition. This clarification does not alter the responsibility to obtain certification when receiving equipment from suppliers.’’ (58 FR 28704). A scrap facility is still the final disposer in this situation. Therefore, a scrap facility would have to receive the proper certification from their supplier of the disposed appliances in order to accept the appliances. 3. Extension to Substitute Refrigerants EPA is proposing to extend the safe disposal provisions that currently exist at § 82.156(f) for small appliances, MVACs, and MVAC-like appliances containing ODS refrigerants to the same types of appliances that contain nonexempt substitute refrigerants. Consistent with the general discussion in Section III above concerning the authority to extend provisions of subpart F to substitute refrigerants, extending these requirements is important to implementing the 608(c)(2) venting prohibition for substitute refrigerants because it would define practices that would qualify as ‘‘good faith attempts to recapture and recycle or safely dispose’’ of the substitute refrigerant when disposing of small appliances, MVACs, and MVAC-like appliances and thus qualify for the de minimis exemption to the venting prohibition. The rationale for establishing the safe disposal requirements for small appliances, MVACs, and MVAC-like appliances that contain ODS also applies to these appliances when they contain substitute refrigerants. These requirements are designed to ensure that refrigerant is recovered before the appliance is finally disposed of while granting as much flexibility as possible to the disposal facility regarding the manner of its recovery (58 FR 28702). VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 Specifying how the substitute refrigerant be recovered will reduce the release of that refrigerant to the environment. Such flexibility is important for the disposal sector, which is highly diverse and decentralized. Because the disposal infrastructure for appliances charged with substitute refrigerants is identical to that for appliances charged with an ODS, these considerations apply equally to appliances containing substitutes. In addition, applying a consistent set of disposal requirements to appliances containing ODS or substitute refrigerants will reduce confusion and minimize emissions of ODS and nonODS refrigerant during the disposal process. Service technicians will not have to question whether the refrigerant in that appliance must be recovered or not. With the exception of specially labelled appliances using hydrocarbon refrigerants, the technician must recover refrigerant from all small appliances. Thus, the requirements for the safe disposal of appliances charged with substitute refrigerants should be the same as those for the safe disposal of appliances charged with CFCs and HCFCs. Safe disposal of refrigerant from small appliances, MVAC, and MVAC-like appliances continues to be important for the environment and public health. According to EPA’s Vintaging Model, the amount of refrigerant projected to be contained within MVAC and small appliances in 2015 will be more than 260 MMTCO2eq and 175 MMTCO2eq, respectively. This constitutes 12.5 and 8.4 percent, respectively, of the total GWP-weighted amount of refrigerant contained within all appliances in the United States. On an ODP basis, EPA anticipates more than 1,400 ODPweighted metric tons of refrigerant will be contained within small appliances in 2015, representing 5.0 percent of the refrigerant contained within all appliances in the United States. While these amounts decrease over time as zero-ODP and low-GWP substitute refrigerants are used in these appliances, the need for robust safe disposal requirements remains. EPA requests comments on these proposed revisions. 4. Restructuring and Edits for Readability First, EPA is proposing to create a single section, § 82.155, for all safe disposal provisions, including the recordkeeping and reporting requirements. Second, EPA is proposing to clarify what should be in the contract stating that refrigerant will be removed prior to delivery. EPA is proposing to PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 replace the word ‘‘remove’’ which appears repeatedly in these provisions. What EPA means by ‘‘remove’’ in this context is that the refrigerant is recovered to the required evacuation levels using the appropriate equipment. EPA is also stating explicitly that which is implied in the current regulations. Specifically, as a result of the contract, the supplier of the appliances is responsible for recovering any remaining refrigerant or verifying that the refrigerant has already been evacuated. EPA is also clarifying the format that the records required under this section may take. In general, where the regulations in subpart F require an individual to maintain records, the Agency intends for them to do so either in an electronic or paper format, preferably in an electronic system. Based on pre-proposal input from stakeholders, EPA is clarifying this point explicitly in the proposed revisions to the recordkeeping provision at § 82.155(c). EPA requests comments on these proposed changes and clarifications to the safe disposal requirements. F. Proposed Changes to Leak Repair Requirements in Section 82.156(i) 1. Background An important component of EPA’s program to properly manage ODS refrigerants is the requirement to repair leaking appliances within 30 days if a certain leak rate is exceeded. Owners and operators of appliances normally containing 50 or more pounds of ODS refrigerant must repair their appliances if they leak above a certain rate. The current leak rate is 35 percent for commercial refrigeration appliances and IPR and 15 percent for comfort cooling and other appliances. If the attempt to repair fails to bring the appliance’s leak rate below the applicable leak rate within that time frame, the owner or operator must develop a retrofit or retirement plan and implement it within one year of the plan’s date. Owners or operators also have the option of developing a retrofit or retirement plan within thirty days of identifying that the leak rate has been exceeded. Owners or operators of IPR or Federally-owned appliances may have more than 30 days to complete repairs and more than one year to retrofit appliances where certain conditions apply (e.g., equipment located in areas subject to radiological contamination, unavailability of necessary parts, and adherence to local or state laws that may hinder immediate repairs). The full suite of the existing requirements are found at § 82.156(i). E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules While the existing requirements are generally well-known by the industry, the program can be improved and EPA is therefore proposing amendments to do so in this notice. First, EPA is proposing to strengthen the requirements by lowering applicable leak rates, requiring periodic leak inspections, and setting a two-year leak limit, among other changes. Second, EPA is proposing to apply the leak repair requirements (as they would be amended) to non-exempt substitute refrigerants. Finally, EPA is proposing to modify the language, structure, and location of the requirements to make them more effective, easier to understand, and easier to find. This entails moving the requirements from § 82.156(i) to their own section at § 82.157. EPA recognizes that refrigeration and air-conditioning equipment do leak. This is particularly true for larger appliances. However, these leaks can be reduced significantly. Experience with the GreenChill program, an EPA partnership designed to encourage supermarkets to reduce emissions of refrigerants and transition to low-GWP and low-charge refrigeration appliances, feedback from stakeholders in prenotice meetings, and reports from California facilities regulated under the state’s Refrigerant Management Program, among other factors discussed in this notice, support this conclusion. Through this proposal, EPA’s aim is to reduce refrigerant releases by breaking the cycle of continuous repair and recharge of appliances and by requiring proactive monitoring to identify leaks early so that they can be addressed promptly to avoid ongoing releases. EPA has previously proposed changes to strengthen the leak repair requirements that have never been finalized. In 1998, EPA proposed extending the leak repair requirements to substitute refrigerants and lowering the leak rates. Most recently, in the proposed 2010 Leak Repair Rule (75 FR 78558, December 15, 2010), EPA proposed changes to the purpose and scope, definitions, required practices, and reporting and recordkeeping sections for the leak repair program. EPA’s intent in the 2010 proposal was to create a streamlined set of leak repair requirements that would apply to all types of appliances with large ozonedepleting refrigerant charges. EPA proposed the following notable amendments in that rule: • Clarify that leak rate calculations are required upon addition of refrigerant; • Lower applicable leak rates for currently regulated appliances; VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 • Require initial and follow-up verification tests for all repair attempts once the applicable leak rate is exceeded for comfort cooling and commercial appliances, and not just IPR (as is currently required), and written documentation of the results of those tests; • Require a 24-hour waiting period after repairs before a follow-up verification can be conducted; • Require the retrofit or retirement of the entire appliance if it experiences three component replacements or three failed verification tests during a consecutive six-month period (referred to as ‘‘the worst leaker provision’’); • 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 IPR (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; and • Decrease the amount of time allowed for the completion of retrofit/ retirement plans. While the Agency never finalized the proposed 2010 Leak Repair Rule, EPA has factored feedback on that proposal, as well as the 1998 Proposed Substitutes Recycling Rule, into today’s proposed rule. Based on comments generated by those proposed rules, EPA is not reproposing the requirements to conduct follow-up verification tests at least 24 hours after a required repair or establishing the ‘‘worst leaker provision.’’ However, many of the proposed changes still can improve the leak repair program and decrease the release of refrigerants during the maintenance, service, repair, or disposal of appliances normally containing 50 or more pounds of refrigerant. Below EPA discusses the specific changes proposed in this action, some of which are novel to this rulemaking and some of which are adapted from the proposed 2010 Leak Repair Rule. 2. Extension to Substitute Refrigerants EPA is proposing to extend the leak repair provisions currently in § 82.156(i) to appliances containing non-exempt substitute refrigerants. In addition, EPA is proposing that the other provisions related to leak repair and maintenance discussed in this section (e.g. leak inspections and leak limits) apply to appliances containing non-exempt substitute refrigerants as well. The mechanism by which EPA is extending PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 69485 the leak repair requirements to appliances containing substitute refrigerants is through the amended definition of the terms refrigerant and appliance, as described above. However, as discussed below in Section IV.M, while EPA is proposing that the amended definitions become effective on January 1, 2017, EPA is proposing a delayed compliance date (18 months from publication of the final rule) for the revisions to the leak repair requirements. Consistent with discussions elsewhere in this preamble, EPA is not proposing to extend these requirements to appliances using substances that have been exempted from the venting prohibition in specific end-uses, such as ammonia, that are listed in the regulations at § 82.154(a)(1). Extending the leak repair requirements to non-exempt substitute refrigerants as proposed in this notice would lead to environmental benefits because these substances pose a threat to the environment when released and they may not be adequately controlled by other mechanisms. In the 2004 Rule, EPA determined that the release of HFCs and PFCs during the maintenance, servicing, repair, or disposal of appliances poses a threat to the environment. In making that determination, EPA examined the potential effects of the refrigerant from the moment of release to its breakdown in the environment, considering possible impacts on workers, building occupants, and the environment. Once released into the atmosphere, HFCs and PFCs have the ability to trap heat that would otherwise be radiated from the Earth back to space. This ability gives both HFCs and PFCs relatively high GWPs. The 100-year GWPs of HFCs under consideration as refrigerants range from 124 (for HFC–152a) to 14,800 (for HFC–23), and the GWPs of PFCs under consideration as refrigerants range from 7,390 (for PFC–14) and higher. HFC–134a, the most common individual HFC used in air-conditioning and refrigeration equipment, has a GWP of 1,430. See section II.C.2 of this preamble for further discussion related to the environmental impacts of greenhouse gases. In determining whether to exempt HFC and PFC refrigerants from the venting prohibition in 2004, EPA concluded that these refrigerants have adverse environmental effects. For that reason, and because of a lack of regulation governing the release of such refrigerants, EPA did not exempt the release of HFC or PFC refrigerants from the statutory venting prohibition. Thus, the knowing venting or otherwise E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 69486 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules releasing into the environment of HFC and PFC refrigerants during the maintenance, service, repair, or disposal of appliances generally remains illegal. EPA generally assumes compliance with the regulatory venting prohibition. Nonetheless, that prohibition addresses only knowing venting or release and thus does not account for all HFC refrigerant emissions. For instance, in previous rules we have not assumed that emissions of HFCs that occur due to appliance leaks constitute knowing releases. The requirements for leak inspections, leak calculations, and recordkeeping that EPA is proposing in this action would provide more knowledge to appliance owners and operators, as well as technicians, and thereby broaden the set of refrigerant releases for which they would be liable for a knowing release. In addition, as discussed below, EPA is proposing to revise its interpretation of what constitutes a knowing release under section 608(c) for purposes of appliance leaks. EPA regulations at § 82.154(a)(2) currently state that ODS refrigerant releases shall be considered de minimis only if they occur when the required practices set forth in specified regulatory provisions, such as § 82.156 are observed. One of the required practices within that section is the requirement for owners or operators to repair leaks pursuant to paragraphs § 82.156(i)(1), (i)(2) and (i)(5) within 30 days after discovery. EPA has therefore intended that proper leak repair be a component of the required practices necessary to meet the de minimis exemption to the venting prohibition for ODS refrigerants. Consistent with the discussion above relating to the implementation of the statutory and regulatory de minimis provisions for substitute refrigerants, EPA is proposing to extend the leak repair provisions to non-exempt substitute refrigerants to clarify how the de minimis exemption in § 82.154(a)(2) applies to such substitute refrigerants and to provide regulatory certainty of what practices for leak repair would qualify for this exemption. The Agency has the authority under section 608(c) to define the contours of the de minimis exemption by establishing regulations related to the maintenance, service, and repair of appliances that are leaking ODS or nonexempt substitute refrigerants. The prohibition in section 608(c) applies to the knowing venting, release, or disposal of refrigerants during the course of maintenance, service, repair, or disposal of an appliance ‘‘in a manner which permits such substance VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 to enter the environment.’’ As explained above, this prohibition applies both to ODS refrigerants under section 608(c)(1) and to non-exempt substitutes under 608(c)(2). EPA stated in 1993 when establishing the original leak repair provisions that: [T]he venting prohibition itself, which applies to the maintenance, service, repair, and disposal of equipment, does not prohibit ‘topping off’ systems, which leads to emissions of refrigerant during the use of equipment. The provision on knowing releases does, however, include the situation in which a technician is practically certain that his or her conduct will cause a release of refrigerant during the maintenance, service, repair, or disposal of equipment. Knowing releases also include situations in which a technician closes his or her eyes to obvious facts or fails to investigate them when aware of facts that demand investigation. (58 FR 28672) EPA has subsequently moved toward a broader interpretation of the venting prohibition. In the proposed 2010 Leak Repair Rule, EPA stated that ‘‘it is not necessarily a violation [of the venting prohibition] for an appliance owner or operator to discover a leak greater than the leak repair trigger rate; however it would be a violation of the proposed required practices at § 82.152 to allow that appliance to continue to leak above the trigger rate without making and verifying the efficacy of repairs in a timely manner’’ (75 FR 78570). EPA now views its statements in the 1993 Rule as presenting an overly narrow interpretation of the statutory venting prohibition. Consistent with the direction taken in the 2010 proposed leak repair rule, EPA is proposing a broader and more pragmatic interpretation of the venting prohibition under CAA section 608(c)(1) and (2) in this action. As a practical matter, when a technician must add refrigerant to an existing appliance, the technician necessarily knows that the system has leaks that will continue to release refrigerant to the environment if not properly repaired. That technician also knows that if he or she does not repair the leak, and verify that the repair has held, some or all of the newly added refrigerant will be released to the environment. Therefore, EPA is proposing to interpret section 608(c) such that when a person adds refrigerant to an appliance that he or she knows is leaking, without repairing the leaks consistent with the applicable leak repair requirements, he or she also violates the venting prohibition, both because he or she knows that the appliance is releasing refrigerant to the environment as the appliance is being PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 serviced and because he or she knows that some or all of the refrigerant newly added to the appliance will be released in a manner that will permit the refrigerant to enter the environment. With today’s proposed revisions, the person performing this work will also have a set of provisions that can be followed to repair the leaks and to avoid violating the venting prohibition in this situation. This analysis applies for both ODS refrigerants and substitute refrigerants. When initially establishing the leak repair provisions in subpart F, EPA relied on the authority in section 608(a)(3)(A) which states that ‘‘the regulations under this subsection shall include requirements that reduce the use and emission of such [class I and class II] substances to the lowest achievable level.’’ EPA used section 608(a) in part because the statute required EPA to establish regulations to reduce emissions of ODS refrigerants, whereas section 608(c) is a selfeffectuating prohibition that applied to both ODS refrigerants and substitutes.11 EPA, however, has also used rulemakings to clarify the requirements of section 608(c) for ODS. It is appropriate to do so now with regard to the knowing release of non-exempt substitute refrigerants from leaking appliances containing 50 or more pounds of such refrigerant and the application of the de minimis exception when leak repair requirements are followed for such appliances. As discussed below, EPA understands that few appliances are leak-free. However, the leak rate can be minimized by following the regulatory leak repair requirements. Under the revisions proposed in this rule, when those steps are followed, any release would fall within the de minimis exception, and the owner, operator and technician will not be violating the venting prohibition. Consideration of Costs Based on the evidence discussed below, the reported performance of today’s comfort cooling, commercial refrigeration, and IPR appliances with full charges of 50 or more pounds argues for lowering the applicable leak rates. The evidence discussed below demonstrates that the current applicable leak rate is considerably above the 11 Section 608(a) of the CAA continues to support the revisions to the leak repair requirements as those revisions relate to reducing emissions of ODS refrigerants. As such, and consistent with the description in Section III above, section 608(a) is one of the authorities EPA is relying on for proposed revisions in this rule that update requirements for ODS refrigerants, including proposed revisions to the leak repair provisions. E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules ‘‘lowest achievable level of emissions’’ envisioned in CAA section 608(a)(3)(A). While section 608(a)(3) does not require EPA to perform a cost-benefit analysis to determine what leak rate(s) would constitute the ‘‘lowest achievable level of emissions,’’ the analyses EPA performed of costs and benefits support establishing lower leak rates. The leak rates reported above, which generally fall well below the current regulatory maximum, are clearly being achieved in response to private incentives alone. If maintaining these leak rates is privately cost-effective, it is reasonable to assume they are also publicly cost-effective, because the public cost of emissions, which includes both the private value of the refrigerant and the environmental damage it causes, would exceed the private cost of emissions, which includes only the private value of the refrigerant. In general, EPA balanced the need to reduce emissions of refrigerants with the costs of these requirements. EPA has determined that the costs are reasonable given the significant benefits that accrue (both private in the form of cost savings and public in the form of reduced GHG and ODS emissions). Specifically, EPA reviewed data from the lowest-emitting equipment to gauge technological feasibility and then reviewed other data sets, such as CARB data and consent decree requirements, to determine a reasonable set of requirements. EPA then assessed the costs and benefits associated with extending the existing requirements to appliances using substitute refrigerants and tighter requirements such as lower leak rates, the requirement to repair all identified leaks once the applicable leak rate is exceeded, the requirement to conduct verification tests on all types of appliances, and periodic leak inspections. With regard to the quarterly leak inspections, EPA looked at charge size to determine the number of affected appliances. Using that estimate and the cost of more frequent leak inspections, EPA assessed the economy-wide costs of requiring quarterly leak inspections for appliances with a full charge of 200 or more pounds and 500 or more pounds. Based on that assessment of the costs and benefits of such a requirement, EPA is proposing a higher charge size threshold (500 pounds in commercial refrigerant and IPR appliances) for quarterly versus annual inspections. In addition, EPA is proposing to allow owners and operators of appliances to install automatic leak detection systems in lieu of conducting quarterly leak inspections as well as the opportunity for quarterly inspections to move to an VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 annual schedule if the appliance is not leaking. In addition, as EPA discusses below, EPA is proposing to provide flexibility to help minimize compliance costs of the existing regulations. For comfort cooling and commercial refrigeration appliances, EPA is proposing to allow an extension to the 30-day repair requirement if the arrival of a part is delayed, recognizing that the short additional time needed for delivery of a part can result in a nearer-term and less costly emission reduction than a retrofit. This is a change from the current requirements for ODS appliances, and would result in a significant reduction in compliance costs. EPA is also proposing to allow an extension to implement a retrofit or retirement for comfort cooling and commercial refrigeration appliances that transition to a non-exempt substitute refrigerant. 3. Restructuring and Edits for Readability The current regulatory text has been modified several times since EPA first established the program in 1993. Some of those changes were a result of a settlement agreement between EPA and the Chemical Manufacturers Association (see 60 FR 40420). The regulation now contains numerous cross-references to other provisions in § 82.156(i), making the requirements difficult to follow and in some places potentially leading to differing interpretations. Many important provisions are buried, such as the primary requirement that repairs must occur within 30 days, which appears only at the end of the leak repair requirements at § 82.156(i)(9). Due to these concerns, EPA is proposing revisions that attempt to restructure the regulation to make it easier for stakeholders to understand whether they are subject to the requirements and what those are. EPA is proposing to move the required practices currently in § 82.156(i) and the recordkeeping and reporting requirements in § 82.166(j), (k), (m), (n), (o), (p), and (q) to a newlycreated section at § 82.157 titled ‘‘Appliance maintenance and leak repair.’’ EPA is proposing this title to more accurately reflect the goal of preventing releases of ODS and nonexempt substitute refrigerants during the maintenance of these appliances. Within that new section, EPA is proposing to restructure the requirements in a more linear and logical format. EPA recognizes that proposing to change the text so significantly may make stakeholders who are familiar with the requirements wonder how PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 69487 these revisions might affect their current compliance monitoring systems and protocols. EPA does not intend to change the substance of the requirements while restructuring except where specified. EPA discusses proposed changes to the requirements in the following preamble sections that would result from this restructuring. EPA is also developing a series of comprehensive compliance assistance documents, in addition to other online support materials. To avoid both ambiguity and cumbersome language throughout, EPA is proposing to establish from the outset in § 82.157(a) that the provisions of § 82.157 apply to owners and operators of all appliances containing 50 or more pounds of refrigerant, unless otherwise specified. When a provision applies to technicians or people servicing equipment the provision so specifies. The changes are not intended to shift responsibilities and EPA believes this change is not substantive. The existing regulation also inconsistently describes the leak repair requirements as applying to appliances with ‘‘50 or more pounds’’ or ‘‘more than 50 pounds’’ of refrigerant. For example, in the existing recordkeeping requirements at § 82.166(j) and (k), persons servicing and owners/operators of appliances normally containing 50 or more pounds of refrigerant must keep records, whereas § 82.156(i)(1), (i)(2), and (i)(5) refer to appliances normally containing more than 50 pounds. EPA is proposing to consistently use ‘‘50 or more pounds of refrigerant.’’ Because of this inconsistency, EPA assumes that an owner or operator of an appliance that has a full charge of 50 pounds would take a conservative assumption when reading the current regulations and consider the appliance covered by the leak repair requirements. For that reason, EPA does not anticipate this change to have a significant effect. EPA seeks comment on the proposed edits to restructure and clarify the regulations, including whether any other than those specifically discussed in this section of the preamble would alter the substance of the requirements and, if so, which edits would do so and how. 4. Lowering Applicable Leak Rates EPA is proposing to lower the applicable leak rates for comfort cooling, commercial refrigeration, and IPR appliances containing ODS refrigerants, and to establish those same leak rates for such appliances using non-exempt substitute refrigerants. The leak rate is the rate of emission from an appliance requiring action from the E:\FR\FM\09NOP3.SGM 09NOP3 69488 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS3 owner/operator. EPA has proposed lowering leak rates twice previously for ODS-containing appliances, both in 1998 and 2010, but has not finalized either proposal. In both instances, EPA proposed lowering the leak rates to 20 percent or lower (from 35 percent) for IPR and commercial refrigeration appliances and to 10 percent or lower (from 15 percent) for comfort cooling appliances (63 FR 32044, 75 FR 78558). EPA is again proposing to lower leak rates to 20 percent and 10 percent, respectively, and has considered comments on those past proposals in the development of this notice as well as additional available information. This proposal would be for appliances containing both ODS and non-exempt substitute refrigerants, and EPA’s rationale for these proposed edits is described in more detail below. i. Commercial Refrigeration and Industrial Process Refrigeration Appliances In general, leak rates are highest in large commercial refrigeration appliances and IPR. This is attributable to a number of factors. First, such appliances are generally custom-built and assembled at the site where they are used rather than in a factory (e.g., unlike a household refrigerator). Appliances used in IPR are custom-designed for a wide spectrum of processes and facilities, including applications such as flash freezers aboard commercial fishing vessels to cooling processes used in the manufacture of pharmaceuticals to ice skating rinks. This results in the sector having an extraordinarily broad range of equipment configurations and designs. Custom designed equipment presents more challenges to original equipment manufacturers who wish to systematically implement leak reduction technologies. Second, these appliances generally use a long, single refrigerant loop for cooling that is not enclosed within a piece of equipment. This tends to raise average leak rates, particularly when the refrigerant loop flows through inaccessible spaces, such as underneath floors, or when used in challenging climates and operating conditions. Third, these appliances typically operate continuously. For example, shutting down a refrigeration appliance can lead to food spoilage in commercial refrigeration. In IPR, a full appliance shutdown can stop all production and is typically costly. This need for continuous operation can make repairing certain leaks more difficult. EPA is proposing to lower the leak rate for both commercial refrigeration appliances and IPR from 35 percent to 20 percent. EPA has reviewed multiple VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 sources of data to establish that 20 percent is a reasonable rate. As explained in more detail below, EPA reviewed GreenChill partner data, consent decrees of companies found to be in violation of subpart F regulations, and reported data from California’s Refrigerant Management Program (RMP).12 Additionally, EPA held numerous conversations with potentially affected stakeholders and reviewed comments on past proposed rules. EPA also assessed the possible benefits that could result from lower proposed applicable leak rates and other changes being proposed in this notice using the Vintaging Model and data from California. First, EPA reviewed data from GreenChill, an EPA partnership with food retailers to reduce refrigerant emissions and decrease their impact on the ozone layer and climate change. Established in 2007, this partnership has over 20 member companies comprising almost 30 percent of all supermarkets in the United States. GreenChill works to help food retailers (1) transition to environmentally friendlier refrigerants; (2) lower refrigerant charge sizes; (3) eliminate leaks; and (4) adopt green refrigeration technologies and best environmental practices. One of the GreenChill partnership’s programs that helps food retailers reduce their refrigerant emissions is the Food Retailer Corporate Emissions Reduction Program. Under this program, partners report their corporate-wide average leak rate for all refrigerants. A corporate-wide average leak rate is the sum of all refrigerant additions in a given time period for all of the refrigeration appliances owned by a corporate entity, divided by the full charge for all of the refrigeration appliances owned by that same corporate entity during that time period. In 2014, the corporate-wide average leak rate for all reporting GreenChill partners was under 14 percent. Since the start of the program, the reported corporate-wide average leak rate for all partners has been at or below this level, even though the number of partners has grown. Several supermarket chains, including some having hundreds of stores, have consistently reported a corporate-wide leak rate below 10 percent. These confidential data support 12 Among other requirements, the RMP establishes leak repair requirements for appliances with more than 50 pounds of refrigerant. More detail on the RMP is provided in the technical support document in the docket titled Analysis of the Economic Impact and Benefits of Proposed Revisions to the National Recycling and Emission Reduction Program and online at www.arb.ca.gov/ stoprefrigerantleaks. PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 the conclusion that leak rates in commercial refrigeration appliances can be considerably lower than 35 percent and that a 20 percent leak rate is reasonable. EPA has also reviewed how companies agreed to manage refrigerants through recent consent decrees with the Agency. In consent decrees with Safeway and Costco, the two companies agreed to bring their corporate-wide leak rates from about 25 percent to 18 and 19 percent, respectively. EPA also reviewed consent decrees with commercial fishing vessels. These consent decrees do not establish a corporate-wide level but in one specific case a facility was able to lower its leak rate considerably below 20 percent. These consent decrees provide additional support for the proposition that a 20 percent leak rate for commercial refrigeration and IPR appliances is reasonably achievable. These consent decrees are available in the docket. EPA has also reviewed data submitted under California’s RMP. California requires that owners or operators of any appliance with more than 50 pounds of ODS or HFC refrigerant repair leaks, conduct leak inspections or install automatic leak detection equipment, and report their refrigerant usage and repairs. In addition, any facility with a refrigeration appliance containing more than 50 pounds of refrigerant must report all service records annually to California. CARB has categorized facilities based on the facility’s largest appliance. Facilities that have at least one appliance with a full charge of 2,000 pounds or more (classified as ‘‘large’’ facilities under the RMP) began reporting in 2012 (for 2011 service records). These large facilities must submit service records for any appliance that has a full charge greater than 50 pounds. ‘‘Medium’’ facilities have at least one appliance with a full charge of 200 or more pounds but less than 2,000 pounds and they started reporting in 2014. ‘‘Small’’ facilities have at least one appliance between 50 and 200 pounds; they must begin reporting in 2016. This data set provides insight into the use and emissions of ODS and substitute refrigerants from refrigeration appliances in California. EPA reviewed the 2013 data of large and medium facilities to determine the leak rates of those appliances. This was the only dataset currently available. Facilities reported on 10,362 appliances in this dataset. A series of charts showing the aggregated California data has been included in the docket. While the data are self-reported, and they do E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules not include all commercial refrigeration and IPR appliances in California, they show that approximately 48 percent of reporting appliances did not leak at all in 2013. They also show that approximately 13 percent of appliances have an annual leak rate between 20 percent and 35 percent. An additional 22 percent of appliances are above a 35 percent annual leak rate. EPA considered these data to determine what an appropriate leak rate would be. If EPA uses the California data as a proxy for the rest of the United States, the existing 35 percent leak rate for commercial refrigeration and IPR appliances (if extended to non-exempt substitutes) would only require reductions from 22 percent of refrigeration appliances, responsible for approximately 70 percent of emissions. By establishing a leak rate at 20 percent, the regulations would affect approximately 35 percent of appliances, responsible for almost 90 percent of emissions. The increase in the universe of affected entities when moving from a 35 to 20 percent leak rate is appropriate given the percentage of emissions (20% of total reported emissions) coming from those facilities. A 20 percent leak rate is also consistent with two past proposals to lower leak rates. For the proposed 2010 Leak Repair Rule, EPA analyzed South Coast Air Quality Management District (SCAQMD) data on ODS-containing appliances. SCAQMD is responsible for controlling emissions primarily from stationary sources of air pollution. California South Coast Air Quality Management District is an air pollution control agency that services the areas of Orange County and the urban portions of Los Angeles, Riverside, and San Bernardino counties. At the time of the analysis in 2010, SCAQMD was responsible for 16 million people in a 10,743 square mile area, which was approximately half of the population of California. Similar to the EPA’s regulations under section 608 of the CAA, SCAQMD has issued Rule 1415 aimed at reducing emissions of ozone-depleting refrigerants from stationary refrigeration and air-conditioning systems. The rule requires any person within SCAQMD’s jurisdiction who owns or operates a refrigeration system to minimize refrigerant leakage. A refrigeration system is defined for the purposes of that rule as ‘‘any non-vehicular equipment used for cooling or freezing, which holds more than 50 pounds of any combination of class I and/or class II refrigerant, including, but not limited to, refrigerators, freezers, or airconditioning equipment or systems.’’ VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 Under Rule 1415, SCAQMD used to collect the following information every two years from owners or operators of stationary refrigeration systems holding more than 50 pounds of an ozonedepleting refrigerant (https:// www.aqmd.gov/prdas/forms/ 1415form2.doc): Number of refrigeration systems in operation; type of refrigerant in each refrigeration system; amount of refrigerant in each refrigeration system; date of the last annual audit or maintenance performed for each refrigeration system; and the amount of additional refrigerant charged every year. For the purposes of the rule, additional refrigerant charge is defined as the quantity of refrigerant charged to a refrigeration system in order to bring the system to a full capacity charge and replace refrigerant that has leaked. This reporting requirement has now been replaced by the statewide RMP required reporting. In 2010, EPA reviewed data for over 4,750 pieces of equipment from SCAQMD covering 2004 and 2005. The data included refrigeration and airconditioning appliances that meet EPA’s existing and proposed definitions of IPR (e.g., food processing industry, pharmaceutical manufacturing), comfort cooling (e.g. office buildings, schools and universities, hospitals), and commercial refrigeration (e.g., refrigerated warehouses, supermarkets, retail box stores) from businesses of all sizes. The appliances that were evaluated all had ODS refrigerant charges greater than 50 pounds. EPA’s review showed that lowering the leak rate to 20 percent for ODS-containing IPR would result in slightly less than 5 percent of systems facing mandatory repair within 30 days. It also showed that tightening of the leak rate for commercial refrigeration appliances to 20 percent would result in 8 percent of the 1,722 systems examined facing mandatory repair within 30 days. At the time, EPA found that the SCAQMD leak repair data for commercial refrigeration appliances was consistent with EPA’s analysis of the commercial refrigeration sector. For example, EPA estimated that annual leak rates for distributed (DX) systems range from 3 percent to 35 percent for in-use equipment, with higher annual leak rates (25%) in older appliances and the lower rates (15%) in newer appliances. EPA proposed in 2010 to conclude that a 20 percent leak rate ‘‘provides for continued flexibility in allowing appliance owners or operators to decide upon the necessary action needed to repair leaking appliances, and also provides for additional environmental PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 69489 benefit in terms of avoided refrigerant emissions’’ (75 FR 78570). In coming to this assessment, EPA balanced the environmental benefits (in terms of ODS emissions reductions) with the costs of lowering the applicable leak rate for refrigeration appliances to a level between 10 percent and 30 percent. This analysis continues to be informative and is available in the docket for this rulemaking. In 1998, EPA proposed to lower leak rates for appliances containing both ODS and substitute refrigerants. After reviewing leak rate data collected by the SCAQMD and data submitted by a midwestern supermarket chain, EPA proposed that the maximum permissible leak rate for new commercial refrigeration equipment (commissioned after 1992) be lowered to 10 percent per year, and that the maximum rate for old commercial refrigeration equipment (commissioned before or during 1992) be lowered to 15 percent per year. For IPR, EPA proposed a two-rate system. IPR equipment would be subject to a 20 percent applicable leak rate unless it met all four of the following criteria in which case it would continue to be subject to the 35 percent leak rate: (1) The refrigeration system is custombuilt; (2) The refrigeration system has an open-drive compressor; (3) The refrigeration system was built in 1992 or before; and (4) The system is direct-expansion (contains a single, primary refrigerant loop). For today’s proposal, EPA reviewed comments on these earlier proposals and held several recent conversations with industry. While some stakeholders, in particular IPR owners and operators, were not in support of leak rates lower than 35 percent, there appears to be more agreement among commercial refrigeration appliance owners and operators that 20 percent is reasonable. In comments in response to the 1998 Proposed Substitutes Recycling Rule, the Food Marketing Institute stated for commercial refrigeration that ‘‘the targeted leak rates of 15 percent and 10 percent for equipment built before and after 1992, was unattainable . . . We believe that rates of 25 percent for equipment manufactured before 1992 and 20 percent for equipment manufactured after 1992 are more realistic.’’ Similar comments were stated by major supermarket chains indicating that leak rates of 25% would be more practical and allow more effective refrigerant management. Given the passage of time, equipment manufactured after 1992 should now be a much larger share of the equipment E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 69490 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules being used, meaning that the earlier concerns regarding lowering the applicable leak rate for commercial refrigeration appliances to 20 percent may no longer apply. EPA received three comments on the proposed 2010 Leak Repair Rule that were opposed to lowering the leak rates for commercial refrigeration appliances and IPR. One commenter raised concerns about the effect that lowering the applicable leak rate would have on chillers used in the generation of nuclear power. The proposed flexibilities in today’s action, such as allowing extensions for all appliance types—not just IPR and Federallyowned appliances—should address that concern; however, EPA again seeks comment on this point. The other commenters stated that the costs of lowering the leak rate to 20 percent are too high. In addition to providing flexibility in the time needed to conduct repairs and retrofit or replace an appliance, EPA has assessed the compliance costs, cost savings, and environmental benefits of this proposed rule and has found that the aggregated costs are reasonable, and that lowering leak rates will result in fewer emissions of both ODS and substitute refrigerants. See the technical support document Analysis of the Economic Impact and Benefits of Proposed Revisions to the National Recycling and Emission Reduction Program for a complete discussion. Based on the data sources discussed above, EPA is proposing to lower the applicable leak rate for commercial refrigeration appliances and IPR from 35 percent to 20 percent. EPA seeks comments on whether a 20 percent leak rate is appropriate given the evidence presented and in the docket, or if a higher (e.g., the current applicable leak rate for ODS appliances) or lower leak rate (e.g. as low as 10 or 15 percent) is appropriate, and if so, what information supports such a higher or lower leak rate. EPA also seeks comment on whether there are other regulatory incentives that could provide a basis to go with a leak rate lower than 20 percent. EPA has considered the 2010 proposed rule comments as part of the initial framing and background research, but we are not responding to those comments because they are not comments on what we are proposing in this notice. To the extent commenters have the same concerns, they should reiterate those concerns in their comments on this proposal. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 ii. Comfort Cooling and All Other Appliances EPA is proposing to lower the applicable leak rate for comfort cooling appliances and all other refrigeration appliances normally containing 50 pounds or more of refrigerant that do not fit into the other two categories (commercial refrigeration and IPR). EPA proposes to lower these leak rates from 15 percent to 10 percent. As explained in more detail below, 10 percent is reasonable given what we know about comfort cooling appliances. In 1998, EPA proposed to reduce the leak rate for comfort cooling appliances using ODS or substitute refrigerants from 15 percent to 10 percent for comfort cooling appliances (the Agency specifically stated chillers in that proposal) built in 1992 or earlier, and from 15 percent to 5 percent for comfort cooling appliances built in 1993 or later. At the time, EPA noted that rates at which these appliances actually leak had decreased from between 10 and 15 percent per year to less than five percent per year in many cases (63 FR 32066). The Agency also noted that new comfort cooling appliances typically leak less than five percent per year, with many new comfort cooling appliances leaking around two percent per year, and some leaking less than one percent. Only one type of new equipment had been reported to have a leak rate above five percent: High pressure chillers with open-drive compressors, which have been found to have leak rates ranging from four to seven percent. Based on feedback and the assumptions used in EPA’s peer-reviewed Vintaging Model used to estimate refrigerant use and emissions, this assessment continues to be valid. In the proposed 2010 Leak Repair Rule, EPA proposed to lower the applicable leak rate for ODS-containing comfort cooling appliances from 15 percent to 10 percent. EPA made this proposal after reviewing data submitted to the SCAQMD. EPA reviewed data from 2,700 comfort cooling appliances and found that fewer than 1 percent of ODS-containing appliances would be required to repair appliances within 30 days if the leak rate was lowered to 10 percent. EPA also analyzed the costs and benefits of lowering leak rates to five percent for comfort cooling appliances. The analysis used in the proposed 2010 Leak Repair Rule found reducing the leak rate for this category of equipment to 10 percent provided the most benefit for the lowest cost. A full discussion of the analysis and rationale for the proposed 2010 Leak Repair Rule is available in the docket to this rule. PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 EPA has also included a memo in the docket titled Analysis of Average Annual Leak Rates in Comfort Cooling Appliances (August 2015) that goes into average leak rates of comfort cooling appliances as reported to SCAQMD and CARB, and as estimated in the Vintaging Model. These three sources indicate 10 percent is more than reasonable and that 15 percent may be too high a leak rate. EPA seeks comments on establishing a 10 percent leak rate for ODS and nonexempt substitute refrigerants for comfort cooling and all other appliances that do not fit into the commercial refrigeration and IPR categories that contain 50 or more pounds of refrigerant. EPA also seeks comment on whether there are any other types of appliances that do not fit into either the comfort cooling, IPR, or commercial refrigeration appliance category. EPA seeks comments on whether a 10 percent leak rate is appropriate given the evidence presented and in the record, or if a higher (e.g., the current applicable leak rate for ODS appliances) or lower leak rate (e.g. as low as 5 percent) is appropriate, and if so, what information supports such a higher or lower leak rate. EPA also seeks comment on whether there are other regulatory incentives that could provide a basis to go with a leak rate lower than 10 percent. 5. Requiring Periodic Leak Inspections The current regulation at § 82.156(i) focuses on actions an appliance owner or operator must take after discovering an appliance has a leak, not on proactively finding leaks and reducing the release of refrigerant from them. To enhance the traditional repair requirement and to reduce emissions of refrigerant during the maintenance, service, and repair of appliances, EPA is proposing to require annual or quarterly leak inspections as a proactive maintenance practice depending on the type and size of the appliance. The purpose of the proposed leak inspection requirement is to determine the location of refrigerant leaks, not for calculating whether the applicable leak rate has been exceeded. However, a leak inspection could identify a leak, resulting in the addition of refrigerant. Under today’s proposal, the addition of refrigerant would trigger the requirement to calculate the appliance’s leak rate. As explained in the definitions section of this proposal, leak inspections of the appliance’s refrigerant circuit include using a calibrated refrigerant leak detection device, a bubble test, or visual inspection for oil residue. Again, leak inspections would not need to be E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules conducted by certified technicians, but the agency would recommend some training for the person to ensure they are knowledgeable of the various leak inspection methods. EPA requests comments on whether there are methods of leak detection other than these three that would be sufficient for the purposes of this rule, and if these three methods are all appropriate. Some owners, especially for large, complex appliances, will evacuate the system periodically to inspect for leaks and to determine the full charge of an appliance. EPA seeks comment on whether this should be added as another viable leak inspection technique. This option may be appropriate because of EPA experience administering a consent decree. One company was required as part of a consent decree to evacuate an appliance to determine the full charge and inspect for leaks. The Agency’s understanding is that the company found the practice to be a useful way to also find and fix leaks earlier, and now evacuates the system annually to inspect for leaks. As a result, the company has been able to keep the leak rate of the affected appliance significantly lower, saving money on refrigerant and keeping equipment operating more efficiently. EPA is not proposing to require such evacuation, but is seeking comment on whether evacuation of an appliance should be another leak inspection option. EPA also seeks comment on the best way to describe this option in the regulation. Generally, EPA intends to allow leak inspections to be conducted by people who are not certified technicians. This option, however, would require a certified technician to do the work. EPA can see value in providing additional flexibility for owners and operators if they already conduct comprehensive leak inspections periodically by evacuating the appliance. EPA is proposing to require that owners or operators of commercial refrigeration appliances or IPR normally containing 500 or more pounds of refrigerant conduct quarterly leak inspections of the appliance, including the appliance’s refrigerant circuit. Inspections would be annual for commercial refrigeration appliances and IPR containing 50 pounds or more but less than 500 pounds of refrigerant, as well as comfort cooling appliances and other appliances normally containing 50 or more pounds of refrigerant. More frequent monitoring is important for larger commercial refrigeration appliances or IPR because those systems tend to have more leaks than comfort cooling appliances and because the VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 amount of refrigerant that would be lost in a leak is greater. The proactive quarterly or annual leak inspections, as currently proposed, are distinct from the leak inspection that EPA is proposing to require at § 82.157(e)(1) that occurs after discovering the leak rate had exceeded the applicable leak rate. EPA recognizes that some appliances are more leak tight than others. Therefore, EPA is proposing to allow annual rather than quarterly inspections for commercial refrigeration appliances or IPR normally containing 500 or more pounds of refrigerant if they satisfy one condition: Refrigerant has not been added to the appliance for more than 365 days (excluding an addition for a seasonal variance as defined in this proposal). Not needing to add refrigerant is an indication that the system is not leaking. However, once refrigerant is added to an appliance, the appliance owner or operator must resume quarterly leak inspections. As part of this proposal, EPA would not require periodic leak inspections if owners or operators install and operate an automatic leak detection system that continuously monitors the appliance for leaks. The leak detection system must meet the requirements described below, and the owner or operator must calibrate the system annually and keep records documenting the calibration. A system that meets these requirements and is properly operated will provide continuous information about whether a system is leaking, and thus quarterly inspections would be unnecessary. EPA considered CARB’s RMP when developing this proposal. The RMP’s leak inspection provisions, which only cover refrigeration appliances with a full charge of more than 50 pounds, require the following: • An automatic leak detection system that continuously monitors appliances normally containing 2,000 pounds or more of refrigerant; • Quarterly leak inspections for all appliances with 200 or more pounds of refrigerant (unless an automatic leak detection system is installed) and annually for appliances with 50 to 199 pounds; and • Leak inspections before adding refrigerant to an appliance and after a leak is repaired. EPA’s proposal for automatic leak detection equipment is based on CARB’s requirements. EPA is proposing to use the same level of detection (10 parts per million of vapor) and notification thresholds (100 parts per million of vapor, a loss of 50 pounds of refrigerant, or a loss of 10 percent of the full charge) as in CARB’s requirements. Such PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 69491 equipment is already available on the market and capable of meeting those standards. Leak inspections have been seen within the industry as a best practice to reduce emissions of refrigerants and many facilities use this strategy. For example, numerous GreenChill partners have used this best practice with success to keep their leak rates down.13 The 2014 corporate-wide average leak rate among all GreenChill partner stores was under 14 percent. While the Agency recommends fixing all leaks once they’ve been found, EPA recognizes that even well-maintained appliances subject to these provisions leak. Given that fact, EPA’s lead proposal is to only require that all identified leaks from a leak inspection be fixed when the applicable leak rate is exceeded. EPA is proposing this option because the costs of repairing all leaks when the leak rate is below the applicable leak rate may not justify the benefits, especially when the leak is a series of small pinhole leaks and the leak rate is very low, as may often be the case. When the applicable leak rate is exceeded, the benefits are significant and do result in significant enough savings—both for the environment and for the owner/operator (in decreased refrigerant replacement costs), to warrant repair of all identified leaks. This proposal is also consistent with the current leak repair requirements: Owners and operators of appliances are only required to repair leaks once the applicable leak rate has been exceeded. This familiarity will reduce confusion and encourage compliance. This lead proposal was designed with Next Generation Compliance objectives in mind. Even if EPA does not require the repair of all leaks that are identified during leak inspections, the Agency anticipates that many appliance owners and operators would take action earlier if leak leaks are identified because it is in their financial interest to do so and would reduce emissions and refrigerant costs. Repairing leaks earlier could also prevent that appliance from being pulled into the regulatory requirements at § 82.157 for exceeding the applicable leak rate. EPA is proposing to require that the following records be maintained as part of the leak inspection requirements. First, owners or operators must keep records of leak inspections that include the date of inspection and any component(s) where the leak(s) are 13 See GreenChill’s Best Practices Guidelines: Commercial Refrigeration Leak Prevention & Repairs, May 2011, available in the docket for this rulemaking. E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 69492 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules discovered. For systems that use an automatic leak detection system, a record must be kept of the annual calibration of the leak detection system. EPA seeks comment on whether it should require that continuous readings from the automatic leak detection equipment be maintained for some period of time (as few as three months or as long as three years) so the Agency can verify the automatic detection equipment is in fact being used continuously. EPA has authority under section 608(a)(3) to establish ‘‘requirements that reduce the use and emission of [ODS] to the lowest achievable level.’’ Leaks will be identified sooner when appliances containing ODS refrigerant are regularly inspected. Leaks that are determined to be above the applicable leak rate must be repaired and it is likely that smaller leaks may also be fixed. As a result, leak inspections will reduce the emissions of ODS refrigerant. Additionally, providing a consistent standard for ODS and substitute refrigerants will reduce the incidence of failures to follow the requirements for ODS appliances and in turn reduce the emissions of ODS. For these reasons, EPA is relying in part on section 608(a) for authority to require leak inspections for appliances containing non-exempt substitutes. Section 608(c) provides an exception from the venting prohibition for de minimis releases during maintenance, service, repair, and disposal. EPA has implicit authority to issue regulations explaining the contours of this exception. Leak inspections are themselves a form of maintenance and actions taken to address a leak are a type of repair or service. By performing periodic leak inspections, and repairing leaks as would be required in this proposal, the owners and operators both limit the immediate leakage and decrease the likelihood of leaks during future maintenance or servicing. Whether owners and operators are taking proactive leak prevention steps by inspecting for leaks as a regular maintenance practice is relevant to whether any emissions that do occur may be considered de minimis under section 608(c). Section 301(a) supplements EPA’s authority under 608(a) and 608(c) as described previously. EPA seeks comments on the proposed requirement for leak inspections. Specifically, EPA seeks comment on the frequency of leak inspections: Does the quarterly/annual requirement make sense, or should EPA require more frequent for some appliances (as frequent as once per month), or less frequent (as infrequent as once every six VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 months) inspections? EPA also seeks comment on the whether all systems should have to conduct leak inspections using the same frequency, or with different requirements based on full charge. EPA also seeks comment on the 500 pounds full charge threshold for requiring quarterly inspections. Specifically, should EPA establish a lower full charge threshold (as low as 200 pounds), or a higher full charge threshold (as high as 1,000 pounds)? EPA also seeks comment on the proposed criteria for the exemption from the quarterly leak inspection requirement. The agency has proposed to base this on refrigerant additions in the past 365 days. However, EPA takes comment on whether basing this exemption on four consecutive quarters under the applicable leak rate or four consecutive quarters without identifying a leak would be more appropriate. EPA also seeks comment on whether a periodic (quarterly or annual) leak inspection should satisfy the requirement to conduct a leak inspection upon discovering a leak rate in excess of the applicable leak rate if the periodic leak inspection alerts the owner to the fact that the applicable leak rate has been exceeded and all identified leaks during the inspection are documented. Similarly, EPA seeks comment on whether a leak inspection conducted after the applicable leak rate was exceeded should replace a typically-scheduled quarterly or annual leak inspection. EPA also seeks comment on whether the agency should require the repair of all leaks identified during leak inspections regardless of whether the applicable leak rate has been exceeded, or only if the leak rate is above the applicable leak rate. For commenters on all of these alternative proposals, please provide as much specificity as possible and the reason why these changes would be more appropriate than the lead proposal, with special attention to the environmental outcomes resulting from the change. EPA also seeks comments on alternative proposals for automatic detection equipment including: (1) Whether automatic detection systems should be inspected and calibrated more frequently than annually to ensure it is functioning properly (as frequently as quarterly); (2) whether EPA should require the installation of automatic leak detection systems for appliances with a full charge of 2,000 pounds or more, similar to California’s requirement, instead of just requiring periodic leak inspections; and (3) whether owners and operators using automatic leak detection systems should be required to PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 keep records of when a leak is identified and what actions were taken to repair that leak. i. Extensions for Less Frequent Inspections Consistent with past regulations implementing CAA section 608, EPA is proposing to establish a process that would allow owners or operators to request less frequent leak inspections for certain federally-owned appliances that are located in remote locations or are otherwise difficult to access for routine maintenance. Specifically, EPA is proposing that owners or operators of appliances in these unique situations would be allowed to request a less frequent leak inspection schedule (not to be less frequent than once every three years instead of the proposed annual or quarterly requirement that would otherwise apply). EPA is also considering establishing two years as the maximum amount of time that can pass between inspections, instead of three. None of the other appliance maintenance and leak repair requirements would be affected by this extension. Any owner or operator of an appliance requesting an extension would have to show that the appliance has a history of minimal leakage and is remotely located or is otherwise difficult to access for routine maintenance. Additionally, the extension request should explain why installation of automatic leak detection equipment is not practical and what leak inspection schedule would be reasonable given the circumstances (not to exceed three years). EPA seeks comments on the establishment of this extension request process, if there are other conditions that should be established to gain approval from EPA, whether the longest interval between inspections should be two years instead of three, and whether this extension should only be available for comfort cooling appliances, since they are the most likely to be in locations that are remote or difficult to access routinely. Given the attempt to harmonize appliance maintenance and leak repair extension requests elsewhere, EPA also seeks comments on whether privatelyowned appliances face unique situations that make routine leak inspections or the installation of automatic leak detection equipment difficult, and whether EPA should apply this proposed extension request process to non-federally owned appliances as well. EPA may decide to finalize the proposed request process or a similar process for such unique situations. Commenters supporting such an E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS3 extension should provide as much specificity as possible about these unique situations, the appliances at issue, why those appliances might qualify for an extension, and why installation of automatic leak detection equipment is not practical in these situations. 6. Two-Year Leak Limit EPA is proposing a new requirement to address appliances that leak in excess of the applicable leak rate despite being repaired frequently. Under the existing rules at § 82.156(i), an appliance can exceed the leak rate as long as leaks are repaired in accordance with the regulations. If leaks frequently occur in multiple areas, this can result in appliances that have high leak rates on an annual basis yet are still in compliance with regulatory requirements through means of continuous repair. EPA is proposing to add a total leak limit to the repair requirement to address these chronically leaking systems. Under this proposal, an appliance containing 50 or more pounds of refrigerant may not leak more than 75 percent of its full charge in two consecutive twelve-month periods and remain in use. Take, for example, an appliance that loses 95 percent of its full charge between June 1, 2017, and May 31, 2018 (measured by the cumulative refrigerant additions excluding seasonal adjustments). Between June 1, 2018, and May 31, 2019, that appliance would not be permitted to leak more than 75 percent of its full charge. If the amount lost in June 1, 2018, through May 31, 2019, exceeded 75 percent of the full charge, the owner or operator would be out of compliance starting June 1, 2019, until the appliance was retired or mothballed and later retired. EPA reviewed data reported to CARB to determine whether a leak limit was necessary and, if so, what the limit should be. In 2013, approximately 8 percent of reporting appliances had leaked more than 75 percent of their full charge over the calendar year and were responsible for 38 percent of total reported emissions. As discussed, these appliances would not be out of compliance unless they were over 75 percent in two consecutive twelvemonth periods. EPA looked only at a single one-year period because 2012 and 2014 data were not available at the time the proposal was developed. The data do support the fact that a small percentage of appliances are responsible for a larger proportion of emissions. EPA also looked at the percentage of appliances that had leaked more than 35, 55, and 100 percent over the VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 calendar year to see how many appliances could be affected and what percentage of leaks they are responsible for. EPA seeks comment on whether it should finalize a higher or lower twoyear leak limit. Due to the high chronic leaks of such appliances, the environmental benefit of establishing a cumulative leak limit could be large. Nonetheless, the number of appliances affected by this proposed limit should be low. First, using a twoyear limit should exclude appliances that suffered from a one-time catastrophic leak, many of which are largely unpreventable. A leak limit that is evaluated over two consecutive twelve-month periods allows for the possibility of an unpreventable catastrophic leak in one year without violating the prohibition, as long as leaks are reduced below the limit in the following year. Second, if the appliance maintenance and leak repair requirements proposed in this notice are finalized, they should prevent the leak limit from being reached. Only when an owner or operator continues to add refrigerant to a system without taking steps to repair the leaks would an appliance reach the two-year leak limit. Third, due to the proposed calculation and recordkeeping requirements discussed below, appliance owners or operators would be on notice that their appliance was leaking at an unacceptable level after the first year, and should have ample time to bring leaks down below the 75 percent leak limit in the following year. An appliance owner or operator that did not take action based on the calculation and recordkeeping requirements in order to meet the two-year limit would be participating in the knowing release of refrigerant during maintenance and servicing of the appliance. EPA seeks comments on creating a leak limit and on the leak amount that should be used for such a leak limit. EPA seeks comments on whether it should finalize a leak limit that is lower or higher (as low as 35 percent, or as high as 100 percent). EPA seeks comments on whether it should establish a limit based on two consecutive 6-month periods or on just one year, instead of two consecutive twelve-month periods. EPA also seeks comments on whether the Agency should allow owners or operators to stay in compliance after exceeding the leak limit if they develop a retrofit or retirement plan and implement it within one year instead of being required to retire the appliance or mothball and later retire the appliance. This option would provide owners and operators with additional flexibility to remain in PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 69493 compliance while decreasing emissions of refrigerant. EPA also seeks comment on whether it should allow owners and operators to continue operating their appliance beyond the two-year (or shorter) period if they notify EPA that the reason they went over the leak limit was only because of one or more catastrophic leaks that were unavoidable. Under this alternative proposal, EPA would have to review the notification and determine whether there is enough documentation to verify that the leak or leaks were in fact catastrophic and could not have been prevented. If comments indicate an exception for catastrophic leaks should be provided, the agency would likely finalize a lower leak limit and would potentially shorten the timeframe over which the requirement would apply (i.e., two consecutive six-month periods instead of two consecutive twelvemonth periods). Finally, EPA seeks comment on whether the period, whether six months or twelve months, should be aligned with the calendar year, such that the first twelve month period would always be January 1 through December 31, or whether EPA should allow owners and operators to determine when each period begins. EPA sees advantages to both options (simplicity in the former option, but flexibility in the second). 7. Leak Rate Calculation The existing regulations at § 82.156(i) do not explicitly require technicians or owners and operators to calculate the leak rate each time refrigerant is added to an appliance using an ODS refrigerant. Such action is implied since owners or operators may not be able to determine compliance without calculating the leak rate each time refrigerant is added to the appliance. For example, if a commercial refrigeration appliance owner adds refrigerant to the appliance but does not calculate the leak rate, the owner would have no means of determining if the appliance’s leak rate was below 35 percent. Hence, the owner would not know if further action was warranted. To reinforce the required practices, EPA is proposing to explicitly require owners or operators of appliances with 50 or more pounds of refrigerant to calculate the leak rate each time refrigerant is added to an appliance. EPA is proposing this requirement for appliances that use an ODS or nonexempt substitute refrigerant. EPA would provide exceptions for when refrigerant is added immediately following a retrofit, the installation of a new appliance, or to counter a seasonal variance (where records documenting E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 69494 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules the seasonal variance are maintained as proposed in this rule). EPA is also proposing to add specific recordkeeping requirements to ensure that the owner or operator is aware of the leak rate. The limited records currently required from service technicians may not provide information needed by the appliance owner or operator to make decisions on the fate of the appliance. In addition, the records that are currently required to be provided by the technician do not match the records that are currently required to be maintained by the owner or operator. EPA is therefore proposing to require that service technicians provide more detailed records to the owner or operator of the appliance. The additional records would match the records that owners and operators of appliances must maintain. The service technician is generally in the better position to generate those records as they usually are the expert that the appliance owner or operator is relying on to make informed decisions about their appliances. With the addition of these requirements, an appliance owner or operator that failed to take required leak repair actions would be participating in the knowing release of refrigerant during maintenance, service, or repair of the appliance. Specifically, EPA is proposing that whenever an appliance with 50 or more pounds of refrigerant is maintained, serviced, repaired, or disposed of, the technician must provide the owner or operator with an invoice or other documentation that indicates (1) the identity and location of the appliance; (2) the date and type of maintenance, service, repair, or disposal performed, including the location of repairs and the results of any verification tests or leak inspections (if applicable); (3) the name and contact information of the person performing the maintenance, service, repair, or disposal; (4) the amount and type of refrigerant added to and/or removed from the appliance (if applicable); (5) the full charge of the appliance (if refrigerant is added); and (6) the leak rate and the method used to determine the leak rate (if refrigerant is added). EPA is proposing identical recordkeeping requirements for appliance owners or operators who use in-house service personnel. EPA is also proposing to require that the owner or operator maintain records of all calculations, measurements, and assumptions used to determine the full charge and any revisions made to the full charge over time. These proposed records are likely already provided by many service personnel and/or are being maintained VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 by owners and operators. The current regulations already require technicians to provide an invoice or other documentation that includes the amount of ODS refrigerant added to the owner or operator. This would likely already include information on the system serviced, the date, and the company/person servicing the appliance. It would likely also include some description of the service provided. Owners and operators must already maintain service records documenting the date and type of service, as well as the quantity of ODS refrigerant added. Therefore, the only new information in most service instances for ODS systems would be the appliance’s full charge and the leak rate, which would both be relatively simple since the owners and operators are required to have both available on-site. This will require communication between the owner/operator and the technician and/or access to past service records to ensure the technician can calculate the leak rate. EPA seeks comments on this proposed change. In particular, EPA solicits comments on whether invoices containing this information are common practice and whether these records would be useful for owners and operators in determining what actions they should take to properly maintain their appliances or determining whether an appliance should be repaired or replaced. 8. Seasonal Variances In regions of the country that experience large temperature swings during the year, refrigerant in some appliances can migrate from the condenser to the receiver. This migration results in a need to add refrigerant to an appliance to ‘‘flood the condenser’’ in the season of lower temperature ambient conditions (fall or winter). In this case, the added refrigerant would have to be removed when the weather returns to design ambient conditions to prevent high head pressures. This technique is often referred to as a winter-summer charge procedure or a seasonal adjustment. Seasonal adjustments are not necessary for appliances with properly sized system receivers because they can hold the appliances’ full charge, including the additional charge needed to flood the condenser. As discussed above, EPA has proposed to define seasonal variance as the addition of refrigerant to an appliance due to a change in ambient conditions caused by a change in season, followed by the subsequent removal of an equal amount of PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 refrigerant in the corresponding change in season, where both the addition and removal of refrigerant occurs within one consecutive 12-month period. EPA is proposing only to allow owners or operators to exclude the amount added from the leak rate calculation if the amount removed is equal to or greater than the amount added during the prior season. In a properly charged, non-leaking system, adding refrigerant during months with lower ambient conditions (fall or winter) would require an equivalent amount of refrigerant to be removed in the months with higher ambient conditions (spring or summer). If less is removed in the spring/summer than was added at the start of fall/winter, the difference between the two would be considered a leak and not a seasonal addition. Without requiring that the amount added be equal to the amount removed to qualify for the exemption, there is no way to distinguish legitimate seasonal variances from refrigerant leaks. EPA expects only one addition and one removal of refrigerant to account for seasonal variance. If the amount added is equal to or less than the amount removed in the previous season, but an additional amount is added in close proximity (typically within a few days to a few weeks) to the addition being counted as a seasonal variance, it would be considered part of the same refrigerant addition unless the owner or operator could document a leak. EPA is proposing at § 82.157(c) to recognize that the leak rate does not need to be calculated when adding refrigerant to account for a seasonal variance. Both the addition and subsequent removal of refrigerant due to seasonal variances must be documented. Such additions and removals would already be accounted for in service records provided by the technician to the owner/operator. EPA is proposing to state the recordkeeping requirement explicitly in § 82.157(l)(4). EPA proposed to allow for seasonal variance in the proposed 2010 Leak Repair Rule and received two comments on that rule. One commenter indicated support, while the other commented that the amount added in one season may not always match the amount removed later in the year, but provided no additional support for this assertion. EPA seeks comments on the need for a limited exclusion to the requirement to calculate the leak rate upon addition of refrigerant for seasonal variance. EPA also seeks comment on whether the seasonal variance provision should be a limited exclusion from the requirement to calculate leaks as discussed above, or E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS3 if the provision should establish a twostep test. First, the owner or operator would have to determine if the amount added is equal to or less than the amount removed from the appliance in the previous season. If the amount was lower, they would not have to calculate the leak rate. If it was above, they would have to calculate the leak rate for the appliance using the difference between the amount added and the amount removed in the previous season. EPA also seeks comments on the need to document the capacity of the receiver, as well as a requirement making the exemption contingent upon an equivalent amount of refrigerant being removed and added over a consecutive 12-month period. 9. Appliance Repair The existing required practices at § 82.156(i) generally require owners or operators of IPR (§ 82.156(i)(2)), comfort cooling appliances (§ 82.156(i)(5)), and commercial refrigeration appliances (§ 82.156(i)(1)) with refrigerant charges of more than 50 pounds to repair leaks within 30 days, unless owners or operators decide to immediately retrofit or retire the appliance. Retrofit or retirement plans must be developed within 30 days of discovering the leak and must be fully implemented within one year of the plan’s date. For those appliances not undergoing retrofit or retirement, the repairs must bring the leak rate to below the current applicable leak rate of 35 or 15 percent. This existing requirement has allowed a scenario where owners or operators could decide to not repair all known leaks within an appliance, as long as repair efforts brought the leak rate of the appliance below the applicable leak rate. The challenge with such a scenario is that owners or operators may assume that they have done sufficient repairs to comply with the leak repair requirements, or may be in temporary compliance, but may find themselves out of compliance if they are mistaken about what the current leak rate was such that the repair was not sufficient, or if another leak resulting in a calculated leak rate greater than the applicable leak rate occurs shortly after the initial repair effort was completed. EPA is proposing to require the repair of all identified leaks once the applicable leak rate at § 82.157(d)(2) is exceeded, not just repairs sufficient to bring the leak rate below the applicable leak rate. Leaving some appliance leaks unaddressed in such situations does not reduce emissions of refrigerants to the lowest achievable level and does not prevent knowing releases of refrigerant during current or future maintenance, VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 service, or repair. Since selective repairs can result in preventable refrigerant emissions, and therefore knowing releases of refrigerant to the atmosphere, with associated human health and environmental effects, and may be inconsistent with the venting prohibition, EPA is proposing to require that owners or operators of appliances normally containing 50 or more pounds of refrigerant repair all identified leaks within 30 days of exceeding the applicable leak rate. If finalized, this revision would mean that appliance owners or operators cannot be selective about repairs made to appliances that leak in excess of the applicable leak rate. This will remove ambiguity concerning compliance with the leak repair requirements and remove potential questions that could arise as to whether a repair attempt was sufficient to comply with the rules. Many owners or operators (particularly of commercial refrigeration appliances and IPR) have stated that they always repair leaks, and must do so for their businesses to remain viable. EPA agrees that many businesses depend on the prompt repair of leaks and that it may not be in the financial interest of many appliance owners or operators to allow their appliances to continue to leak. However, there are appliance owners and operators that do not take appropriate steps to minimize refrigerant leaks. Hence, the Agency views the leak repair requirements as both a backstop to current repair practices for appliances that are well maintained, and necessary to ensure that refrigerant leaks during maintenance, service, and repair are kept to the lowest achievable level for appliances that are not as well maintained. EPA reviewed comments received on the proposed 2010 Leak Repair Rule during the development of this proposal. The comments tend to fall into three categories: Practicality of fixing all leaks; time needed to fix all leaks; and clarification on when all leaks must be fixed. First, on the practicality of fixing all leaks, several commenters noted that some leaks cannot be identified without shutting down and fully evacuating and inspecting an appliance. Others noted that some leaks may be trivial and located on seals, gaskets, valves, and fittings where leakage occurs regardless of repairs. One commenter stated that all leaks should be fixed regardless of the location. Others raised concern about the cost and the diminishing value of fixing ever smaller leaks. Several of these commenters recommended the Agency focus on PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 69495 ‘‘identified’’ or ‘‘known’’ leaks, or alternatively, on setting the requirement at ‘‘making a best effort’’ to repair all leaks. In considering these comments, EPA is proposing to require a leak inspection whenever the applicable leak rate is exceeded. EPA is not proposing to require evacuating or shutting down the appliance to conduct that leak inspection, although that would be an option available to owners and operators. The leak inspection would involve identifying and creating a record of leaks that must be repaired within 30 days. EPA recognizes that a small amount of refrigerant can migrate from an appliance even if the refrigerant circuit is unbroken. EPA is seeking comments on whether the agency should create a limited exception, which would provide that if upon further inspection (through bubble tests or other means), sound professional judgment indicates an individual identified leak is not the result of a faulty component or connection and that refrigerant releases would not be reduced from repair or adjustment, the leak would not need to be repaired. If this proposal is finalized, EPA would likely require that the justification for the determination be noted in the appliance’s service records. EPA notes that there are certain types of situations that would never meet these conditions, including but not limited to when a component has holes, cracks, or improperly seated seals. All other leaks would still need to be repaired if the applicable leak rate is exceeded. In addition to reducing emissions of high-GWP and ozone-depleting refrigerants, a refrigerant management program saves money in refrigerant and potentially energy expenses. EPA discusses the costs and savings later in this preamble, but preventive maintenance can save a significant amount of money even when factoring in the added cost of a more vigilant refrigerant management program, especially as the cost of some refrigerants such as HCFC–22 rises. Proposals to require repair of all identified leaks and conduct periodic leak inspections should incentivize owners and operators to develop a refrigerant management plan to proactively fix leaks before they become big enough to exceed the applicable leak rate. EPA’s experience with several recent consent decrees indicates leak rates, even in complicated IPR applications, can be brought below the applicable leak rates proposed in this rule with a refrigerant management program that identifies and fixes leaks early. E:\FR\FM\09NOP3.SGM 09NOP3 69496 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS3 Finally, it is possible that some leaks may not be fixable in 30 days. Later in this notice, EPA discusses the possible extensions to the 30-day leak repair requirement, including allowing these extensions for the repair of commercial refrigeration and comfort cooling appliances. Regardless, owners and operators should be fixing leaks as a normal course of business, which would largely prevent many of these requirements from ever being triggered. As noted above, the periodic leak inspections would help identify leaks earlier for repair, before those leaks are big enough to exceed the applicable leak rate. EPA requests comments on the proposed requirement to repair all identified leaks when the appliance leaks above the applicable leak rate. 10. Verification Tests Verification tests are performed on appliances after they are repaired to ensure that leaks have been fixed. The regulation at § 82.156(i)(3) currently requires verification tests only for repairs to IPR and Federally-owned commercial and comfort cooling appliances containing an ODS refrigerant and only when extensions to the 30 day deadline (or 120 day deadline when an IPR shutdown is required) are needed. Limiting the verification tests to such a narrow set of appliances is problematic, so EPA is proposing that all repairs should be verified. First, the lack of verification may leave owners or operators of comfort cooling and commercial refrigeration appliances uncertain as to whether their repair efforts have brought them into compliance with the leak repair requirements. A lack of verification could allow for insufficient or incomplete repairs, which could lead to ongoing or future leaks during maintenance, service, or repair. Ongoing leaks, especially when they are at the same location or component in the appliance, could result in noncompliance with the current requirements if repairs did not actually bring the leak rate of the entire appliance beneath the applicable leak rate. Second, EPA has considered the burden of conducting verification tests on all types of equipment and addresses that issue below. EPA cannot identify a reason why the burden could more easily be borne in those narrow circumstances in which verification is currently required by the regulations, given that some type of verification is generally a standard practice across all types of appliances. Third, the VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 environmental benefit of verifying repairs applies to comfort cooling and commercial refrigeration appliances as well as IPR. Therefore, EPA is proposing to require at 82.157(f) that owners or operators of all types of appliances that are subject to the leak repair requirements (including those using an ODS or nonexempt substitute refrigerant) perform both an initial and follow-up verification of repairs every time the applicable leak rate is exceeded (unless a retrofit or retirement plan is being developed). EPA sought comments on this same proposal in the proposed 2010 Leak Repair Rule and received three comments. All were in support of extending verification tests to all covered appliances. EPA again seeks comments on requiring verification tests on all appliances normally containing 50 or more pounds of refrigerant. EPA sees a potential benefit in requiring both an initial and follow-up verification test to ensure a leak is repaired and that the repair will hold. EPA seeks comments whether both an initial and follow-up verification test are needed in all situations and seeks comments on requiring a minimum time between tests such as one to three hours to allow an appliance to return to normal operating characteristics and conditions. EPA is also clarifying that owners or operators may conduct as many repair attempts as needed within the initial 30 days (or longer if an extension is available) to repair the appliance. Consequently, the Agency is proposing to explicitly allow unlimited verification tests within the required repair window. This is discussed further in the preamble section on retrofit and retirement plans. The Agency understands that most technicians pressure check appliances immediately following repairs. EPA is proposing that such pressure checks would satisfy the initial verification requirements. EPA’s concern is that follow-up verifications may not be a part of normal operating procedures for all repairs. Follow-up verifications require a technician to perform a second test after the appliance has returned to normal operating characteristics and conditions. A follow-up verification is an indicator of the success of repairs. Thus, EPA intends to require such verification for all appliances that have leaked refrigerant above the applicable leak rate. EPA currently has not set a minimum amount of time that must pass between the initial and follow-up verifications. In the proposed 2010 Leak Repair Rule EPA proposed that the two tests be PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 separated by at least 24 hours. Based on comments to that rule, the Agency is taking comment in this action on whether a shorter time such as one to three hours after the appliance is brought back on-line would be more appropriate. Regardless of whether EPA specifies an amount of time that must pass, all follow-up verification tests must take place after the appliance has returned to normal operating characteristics and conditions—both currently for IPR, and under the proposed change to require verification tests for repairs on all types of appliances with 50 or more pounds of class I, class II, or substitute refrigerant. EPA is also proposing to require followup verification tests to occur within 10 days of the successful initial verification test or 10 days of the appliance reaching normal operating characteristics and conditions. 11. Extensions to the 30-Day (or 120Day) Repair Requirement EPA currently provides extensions to the repair or retrofit/retirement deadlines for IPR and Federally-owned appliances under certain conditions. EPA has identified four conditions that exist in the current regulations: • The appliance is mothballed (available for all appliances) (§ 82.156(i)(10)); • The appliance is located in an area subject to radiological contamination or where shutting down the appliance will directly lead to radiological contamination (available for Federallyowned appliances) (§ 82.156(i)(1)(ii) and (i)(5)(ii)); • Applicable Federal, state, or local regulations make a repair within 30 or 120 days impossible (available for IPR) (§ 82.156(i)(2)(i)); or • Parts are unavailable (available for IPR) (§ 82.156(i)(2)(i)). While not an extension, IPR facilities are also allowed an initial repair period of 120 days rather than 30 days if an industrial process shutdown is required to complete the repair. In addition, an exemption to the repair requirement is allowed for all types of appliances if a dated retrofit or retirement plan is developed and is implemented within one year of the date developed. EPA is proposing at § 82.157(g) to make these extensions to the repair deadlines available to all appliance categories. EPA has heard from owners of commercial refrigeration appliances, for example, that they occasionally are unable to complete a repair due to the temporary unavailability of a component. They were therefore required to develop a retrofit and retirement plan even though a E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules component could be acquired shortly after 30 days. While IPR may require custom components, the need for components is not unique to IPR. It does not make sense to require the retrofit or retirement of an appliance that can be repaired in situations such as when a single component is the problem and can be procured shortly after 30 days. The extension for the delivery of components is open-ended in the current regulation. While the regulation provides only the additional time needed to receive delivery of the necessary parts, it does not set an outer limit for delivery nor does it clearly provide time to install the components once received. EPA is proposing at § 82.157(g)(1)(iii) to modify the extension so that the owner or operator must complete the repair within 30 days after receiving delivery of the necessary part and the total extension may not exceed 180 days (or 270 days if an IPR shutdown is required). As proposed, this extension may be more stringent for IPR because IPR owners/operators would be time-limited in conducting those repairs. EPA is not proposing to change the open-ended nature of the extensions due to radiological contamination or compliance with applicable Federal, state, or local regulations. To qualify for an extension, owners or operators must perform all repairs that can be completed within the initial 30 or 120 day period. All repairs must be verified if possible and the owner or operator must document all such repair efforts. The owner or operator must maintain a written statement from the appliance or component manufacturer or distributor stating the unavailability of parts and the expected delivery date as part of the reason why more than 30 days are needed. EPA is not proposing to change the elements of the request for an extension that is submitted to EPA. Requests must continue to include: Identification and address of the facility; the name of the owner or operator of the appliance; the leak rate; the method used to determine the leak rate and full charge; the date a leak rate above the applicable leak rate was discovered; the location of leak(s) to the extent determined to date; any repair work that has been performed thus far, including the date that work was completed; the reasons why more than 30 days are needed to complete the repair; and an estimate of when the work will be completed. If requesting an extension to the earlier submitted completion date, a new estimated date of completion and documentation of the reason for that change must be submitted to EPA within 30 days. The owner or operator VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 must keep a dated copy of this submission and proof that it was submitted. EPA requests comments on applying the extensions to all appliance types, including whether such extensions should not be extended to certain appliances. EPA also seeks comments on the scope and amount of time allowed for each extension, and whether there are additional extension types that the Agency should consider allowing. Commenters supporting the creation of a new extension should provide detailed reasoning and cost implications (both for the environment and an owner/operator) in their comment. 12. Retrofit or Retirement Plans EPA’s regulations at § 82.156(i)(6) currently require an owner or operator of an appliance that exceeds the applicable leak rate to develop and implement a retrofit or retirement plan generally within 30 days if they are unable to repair the leak. EPA is proposing at § 82.157(h) three changes to the retrofit/retirement provision. First, EPA is proposing to remove the requirement to retrofit an appliance after a failed follow-up verification test. EPA is proposing to replace that provision with a requirement to retrofit an appliance if the owner or operator is unable to repair all identified leaks within 30 days after discovering the applicable leak rate is exceeded (unless additional time is allowed under one of the proposed extensions). Second, EPA is proposing to remove the requirement to use a substitute with a lower or equivalent ODP. Third, EPA is proposing to establish explicit elements of a retrofit/retirement plan. These three proposals are discussed below. Failed Verification Tests. EPA’s regulations currently require owners or operators of IPR using an ODS refrigerant that have failed a follow-up verification test to develop a retrofit or retirement plan within 30 days of the failed verification test and implement the plan within one year. Under these plans, owners or operators must identify how and when they will retire or retrofit their appliance. Owners or operators of comfort cooling and commercial refrigeration appliances are currently not required to perform verification tests and, in lieu of making repairs within 30 days, are given the option to draft and implement a retrofit or retirement plan within 30 days of discovering a leak rate greater than the applicable leak rate. EPA has heard concerns from appliance owners/operators that the requirement to retrofit or retire an entire appliance because it has failed a verification test may not always be PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 69497 practical or necessary. For example, some owners or operators would prefer to replace a faulty component before they are required to retrofit or retire an entire appliance and believe this could in many instances be an equally effective means to address needed repairs. The Agency wishes to reduce the potentially large burden upon owners or operators of requiring a largescale retrofit or retirement when replacing the leaking component might satisfactorily repair the appliance. Therefore, EPA is proposing to provide an owner or operator additional flexibility if they are unable to initially fix all identified leaks after discovering the applicable leak rate is exceeded. This proposal would allow owners or operators to attempt as many repairs as necessary within the initial 30 days of discovering that an appliance’s leak rate exceeds the applicable leak rate. This could include replacing a component. If that component cannot arrive within the initial 30 day period, the owner or operator could request additional time under the proposed provisions related to extensions discussed previously in this preamble. An owner or operator of an appliance would only have to retrofit or retire the appliance if the component replacement was unsuccessful and they could not repair all leaks that were identified in the leak inspection triggered by discovering that the applicable leak rate was exceeded. This approach is based, in part, on feedback received from past proposals. In comments on the proposed 2010 Leak Repair Rule, several commenters supported additional flexibility to conduct repairs and/or component replacements before being required to retrofit or retire an appliance. Stakeholders have stated that a facility should be allowed an unlimited number of repair attempts to equipment within the 30 day time period. These stakeholders supported an option in the proposed 2010 Leak Repair Rule that would have allowed additional flexibility to replace components before being required to retrofit or retire a leaking appliance. The approach proposed in today’s notice provides similar flexibility. Because the retrofit/retirement plan requirements allow an appliance to leak without repairs for up to a year (in addition to extension opportunities), this change would likely increase the speed at which appliance repairs take place, thereby reducing emissions of refrigerants. This proposal also would eliminate the possibility of mandatory retrofitting or retirement in cases where it might not be warranted because the owner or operator would have the E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 69498 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules flexibility to determine if component replacement would be the best means of addressing a leaking appliance. As discussed in the prior section, EPA is proposing to extend the requirement for verification tests to repairs made by owners or operators of commercial refrigeration and comfort cooling appliances using both an ODS and nonexempt substitute refrigerant. EPA is also proposing to extend the approach to retrofit and retirement described above to owners or operators of commercial refrigeration and comfort cooling appliances. Extending this approach to all appliances will reduce refrigerant emissions while establishing a consistent set of regulatory required practices. Retrofit/Retirement ODP. EPA’s regulations currently require that appliances containing an ODS refrigerant, when being retrofitted or retired/replaced, use a refrigerant with an equivalent or lower ODP. EPA created this provision to foster the transition from refrigerants with high ODPs to ones with a lower ODP. EPA is proposing to remove this requirement and allow for retrofits or retired/ replaced appliances to use any refrigerant (other than the one currently used in that appliance in the case of retrofits), so long as it is acceptable for use by SNAP. This change would not relax the current requirements with respect to HCFCs since the regulations implementing sections 605 and 606 of the CAA already prohibit the manufacture (and therefore installation) of appliances using virgin HCFCs (as of January 1, 2010, for HCFC–142b and HCFC–22; and as of January 1, 2020, for other HCFCs). Requiring the use of a refrigerant with a lower or equivalent ODP could be problematic if the requirement were read strictly because some HFO refrigerants that are not classified as an ODS have an ODP even though the ODP is negligible. For example, HFO–1233zd(E) has an ODP between 0.00024 to 0.00034 and a GWP between 4.7 to 7 (see 77 FR 47768). Under a strict interpretation, if an owner/operator wanted to replace an R– 134a chiller with an HFO–1233zd(E) chiller in future, he/she would not be able to switch from R–134a, which has an ODP of zero, to the HFO since the HFO has an ODP that, though negligible, is higher than zero. This could prevent transition to low-GWP alternatives. EPA also wishes to clarify that the current requirement to retrofit with a refrigerant of the same or lower ODP does not mean that the same refrigerant can be used. Such actions do not satisfy the regulatory intent or the proposed definition of ‘‘retrofit.’’ The requirement VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 to retrofit means the owner or operator must switch refrigerants. While the Agency is proposing to allow flexibility in refrigerant choices, the intent is not to allow the continued use of the same refrigerant in the retrofitted appliance. In cases where the owner/operator wants to use the same refrigerant and that refrigerant can continue to be used consistent with other applicable statutory and regulatory requirements, the owner/operator would have the option of retiring and replacing the appliance. If an owner/operator chooses to retire and replace a system, EPA is not proposing to require under Subpart F that a different refrigerant be used because eventually there may not be a refrigerant to switch to that is better for the environment. At this time, EPA intends to rely on other 40 CFR part 82 regulatory requirements that do prohibit the use of some refrigerants, (e.g., the prohibition on manufacture of systems using HCFC–22 under subpart A). Elements of a Retrofit or Retirement Plan. Stakeholders have asked EPA what should be included in a retrofit or retirement plan. The Agency has not previously provided a specific list of elements to be included due to the complex nature of refrigeration appliances. An exhaustive list may not fit all types of appliances considering the wide array of configurations and refrigerant choices. However, EPA finds merit in specifying a minimum set of information that is likely to be needed during any type of retrofit or retirement. EPA is proposing at § 82.157(h)(2) to require that a retrofit or retirement plan include the following minimum set of information: • Identification and location of the appliance; • Type (i.e. ASHRAE number) and full charge of the refrigerant currently used in the appliance; • Type (i.e. ASHRAE number) and full charge of the refrigerant to which the appliance will be converted, if retrofitted; • Itemized procedure for converting the appliance to the new refrigerant, including changes required for compatibility (for example, procedure for flushing old refrigerant and lubricant; and changes in lubricants, filters, gaskets, o-rings, and valves), if retrofitted; • Plan for the disposition of recovered refrigerant; • Plan for the disposition of the appliance, if retired; and • One-year schedule for completion of the appliance retrofit or retirement. Such requirements are a minimum of what should be considered by any PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 owner or operator when retrofitting or retiring a leaking appliance. A retrofit or retirement plan may contain additional elements related to the specific characteristics of that appliance but EPA is not proposing requirements for those elements because they would more appropriately be determined on a caseby-case basis. The Agency’s preference would be to have a complete plan developed within 30 days. However, EPA recognizes that some information may not be available in that timeframe. For example, owners or operators may not know within the allotted time frame what the itemized procedure will be until they finalize plans for the retrofit or retirement. Under the itemized procedure heading, EPA is considering whether to allow owners or operators to include a placeholder such as ‘‘Engineer consulted to evaluate retrofit and replacement options on [X] date. Engineers report expected in three months.’’ Shortly after that report is delivered, the owner or operator would need to update the plan accordingly to indicate the procedure for retrofit or retirement and replacement. EPA seeks comments on these proposed changes to the retrofit and retirement plans including the following questions: Should EPA allow for multiple repairs within the 30 day repair window? Should EPA apply the proposed changes to all appliance types? Should EPA remove the requirement to switch to a refrigerant with a lower or equivalent ODP? Should EPA require the use of a refrigerant with a lower or equivalent GWP? The Agency also requests comments on the proposed minimum requirements of a retrofit or retirement plan. Are there other factors that should be considered when developing a retrofit/retirement plan? Is this information available within 30 days of deciding to retrofit or retire an appliance? Should EPA allow for the retrofit/retirement plan to have placeholders for some elements until the information is available, by noting specific actions that are needed to accurately document the plan? 13. Extensions To Retrofit or Retire Appliances Under the current regulations at § 82.156(i)(6), an owner or operator must generally complete the retrofit or retirement of a leaking appliance containing an ODS within one year of creating a retrofit or retirement plan. There are extensions available in the following circumstances: • If delays are caused by requirements of other applicable E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules Federal, state, or local laws or regulations (available for IPR); • If a suitable replacement refrigerant with a lower ODP is unavailable (available for IPR); • If the supplier of the appliance or a critical component has quoted a delivery time of more than 30 weeks from when the order is placed (available for IPR); • If complications presented by the appropriations and/or procurement process results in a delivery time of more than 30 weeks (available for Federally-owned appliances); or • If the appliance is located in an area subject to radiological contamination and creating a safe working environment will require more than 30 weeks (available for Federally-owned appliances). EPA is proposing at § 82.157(i) four substantive changes to these extensions. First, as in all other leak repair provisions, EPA is proposing to apply these extensions to appliances containing non-exempt substitute refrigerants. As discussed in section III of this notice, providing a consistent standard for ODS and substitute refrigerants will facilitate the recovery of both ODS and non-ODS refrigerants and reduce the environmental harm caused by the emissions of these refrigerants. Second, EPA is proposing to remove the extension offered when a suitable replacement refrigerant with a lower ODP is not available. EPA established this extension because there were certain applications using CFCs that did not have a suitable HCFC substitute. Today, there are many more substitutes for ODS refrigerants than when EPA established the refrigerant management program. In fact, few appliances can be newly-installed or retrofitted with virgin ODS because of the HCFC use restrictions implementing sections 605– 606 of the CAA. As discussed above, EPA is not requiring that a retrofit use a refrigerant with a similar or lower ODP. Therefore, the rationale for this extension no longer exists. Because EPA is proposing to remove this requirement, EPA is also proposing to remove from the definitions in § 82.154 the term suitable replacement refrigerant. Third, EPA is also proposing a new extension at § 82.157(i)(1) if the appliance is to be retrofitted to or replaced with a refrigerant that is exempt from the venting prohibition as listed in § 82.154(a). In that situation, EPA is proposing to allow an extension up to 18 months. Whereas the existing extensions are only available to IPR and Federally-owned appliances, EPA is proposing to make this extension, and VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 all other extensions, available to comfort cooling and commercial refrigeration appliances as well. Section 608(a)(3) provides authority to EPA to issue regulations that may include requirements to use alternative substances to ODS. Given this authority, and the distinction between exempt and non-exempt substitutes in section 612(c), the Agency is taking action to encourage the use of substances that do not pose a threat to the environment when released. Since many refrigerants have an ODP, a high GWP, or both, it is appropriate to allow more time to install a refrigerant that is exempt from the venting prohibition as an incentive for that type of transition. The refrigerants that are exempt from the venting prohibition, such as carbon dioxide (R–744), and the hydrocarbon refrigerants propane (R–290), isobutane (R–600a), and R–441A in certain uses, have no ODP and low GWPs ranging from one to eight. While the Agency would be allowing for potentially greater emissions in the short term by not requiring all repairs be completed for the 18 months allowed for a replacement with an exempt substitute, once the new appliance is installed, it will be using a zero ODP and very lowGWP refrigerant that does not pose a threat to the environment for a much longer period than the 18 month extension. Fourth, while not an extension, per se, the current regulations at § 82.156(i)(3)(v) relieve owners and operators of IPR appliances of the requirement to retrofit or retire their appliances if they establish that the appliance’s leak rate is below the applicable rate within 180 days of an initial failed follow-up verification test and they notify EPA within 30 days of that determination. Affected entities must report to EPA when they use this exemption and EPA has not received any reports on the subject in at least the last three to five years. Therefore, EPA is proposing to remove this exception entirely. The other proposed extensions, in particular the extension to receive a replacement component, should provide sufficient flexibility for IPR and other appliances. EPA seeks comments on its proposals to restructure and simplify the extensions to retrofit or retire appliances. EPA also seeks comments on its proposal to remove the extension for transitioning to a suitable replacement refrigerant and the removal of § 82.156(i)(3)(v) as well as creating an extension for transitioning to a substitute refrigerant that is exempt from the venting prohibition. PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 69499 14. Recordkeeping and Reporting EPA is proposing to create a recordkeeping and reporting paragraph at § 82.157(m) to make these requirements easier to identify. Many of these requirements are identical to those currently included at § 82.166 for appliances containing ODS. In summary, EPA is proposing to establish the following recordkeeping requirements for owners and operators of appliances normally containing 50 or more pounds of class I, class II, or substitute refrigerant: • Maintain documentation from leak inspections or that an automatic leak detection system is installed and inspected annually and recalibrated as needed in accordance with the leak inspection requirements; • Maintain leak inspection extension requests submitted to EPA. • Maintain records documenting the full charge of appliances; • Maintain invoices or other documentation when refrigerant is added or removed from an appliance, when a leak inspection is performed, and when a verification test is conducted, and when service or maintenance is performed; • Maintain retrofit and/or retirement plans; • Maintain retrofit and/or extension requests submitted to EPA; • Maintain records documenting when the system was mothballed and when it was brought back on-line (i.e. refrigerant was added back into the appliance); • Maintain records of purged refrigerant if excluding such refrigerant from the leak rate; and • Maintain all of the above-listed records for a minimum of three years. Additionally, the proposed revisions would require persons servicing, maintaining, repairing, or disposing of such appliances to provide the owner or operator of such appliances with an invoice or other documentation when refrigerant is added or removed from an appliance, when a leak inspection is performed, and when a verification test is conducted, and when service or maintenance is performed. Stakeholders have also told EPA that the Agency should make explicit our view that records can be kept electronically. EPA recognizes that many companies employ electronic databases to store and track records. An electronic recordkeeping system has advantages to paper records, and EPA encourages owners and operators of appliances to use one of these systems to track refrigerant additions and other required records. Electronic systems E:\FR\FM\09NOP3.SGM 09NOP3 69500 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS3 allow for more comprehensive refrigerant management and can help identify leaky appliances earlier. Given that fact, EPA is proposing to explicitly allow for electronic records. These records must still be accessible onsite if an EPA inspector visits a facility, but they can also be downloaded or printed from an online system if necessary. Having records accessible onsite is also important to facilitate accurate calculation of the leak rate by technicians. For reporting, EPA is proposing to require that all reports be submitted to EPA via email at 608reports@epa.gov. If the submission contains confidential business information, reports can be mailed to the address in § 82.160. This should reduce costs and streamline the reporting process. It is also consistent with EPA’s Next Generation Compliance initiative. EPA is also proposing to require reporting in the following circumstances: • If the owner or operator is requesting an extension to the 30-day (or 120-day) requirement to complete repairs pursuant to the proposed § 82.157(g); • If the owner or operator is requesting an extension to complete a retrofit or retirement of an appliance pursuant to the proposed § 82.157(i); or • If the owner or operator is excluding purged refrigerants that are destroyed from annual leak rate calculations pursuant to the proposed § 82.157(k). • If the owner or operator is submitting an extension request to EPA to conduct leak inspections less frequently pursuant to the proposed § 82.157(b)(5). These proposed records and reports are essential to ensure compliance with section 608 of the CAA. EPA seeks comments on the specific recordkeeping and reporting requirements in § 82.157(l) and (m). EPA also seeks comments on the changes to require electronic reporting and to allow and encourage electronic recordkeeping, so long as it is accessible at each facility regulated by these requirements during an onsite inspection. G. Proposed Changes to the Standards for Recovery and/or Recycling Equipment in Section 82.158 1. Background Currently, all ODS refrigerant recovery and/or recycling equipment manufactured or imported on or after November 15, 1993, and used during the maintenance, service, repair, or disposal of appliances must be certified by an approved equipment testing VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 organization to ensure that it meets certain performance standards. These standards may vary for certain equipment intended for use with the disposal of small appliances. These performance standards are currently found in tables 2 and 3 of § 82.158, as well as appendix B1, B2, and C of subpart F. EPA based these standards in large part on ARI (now AHRI) Standard 740–1993 and ARI Standard 740–1995. Recovery and/or recycling equipment intended for use during the maintenance, service, repair, or disposal of MVAC and MVAC-like appliances must meet the standards in subpart B. The regulations in subpart F simply refer to that subpart and state that the such recovery and/or recycling equipment must meet the standards of § 82.36(a). 2. Extension to Substitute Refrigerants EPA is proposing to require that all recovery and/or recycling equipment used during the maintenance, service, repair, or disposal of appliances, other than MVACs and MVAC-like appliances, that contain non-exempt substitute refrigerants also be certified by an approved equipment testing organization that it meets certain performance standards. EPA is proposing to allow all recovery and/or recycling equipment that met certification requirements for ODS prior to this rulemaking to be certified for non-exempt substitute refrigerants. Since most recovery equipment is already certified for use with nonexempt substitute refrigerants, this proposal would merely update the standards to reflect current practices. EPA is also proposing to add appendices B3 and B4, based on the AHRI Standard 740–2015, Performance Rating of Refrigerant Recovery Equipment and Recovery/Recycling Equipment. All new equipment manufactured or imported on or after the effective date of this rule would be required to meet the standards in appendix B and table 2. The evacuation level would depend upon the saturation pressure of the refrigerant. EPA is also proposing to update appendix C ‘‘Method for Testing Recovery Devices for Use with Small Appliances’’ to reference all refrigerants, instead of the currently referenced CFC–12. Certifying refrigerant recovery and/or recycling equipment for use with nonexempt substitutes serves multiple purposes. First, certification would provide reliable information on the ability of equipment to minimize emissions of these substitute refrigerants, by measuring and/or establishing standards for recovery PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 efficiency (vacuum level) and maximum emissions from air purging, oil draining, equipment clearing, and hose permeation. Second, certification would provide reliable information on the equipment’s ability to clear itself when switching between refrigerants. Without sufficient clearing capability, equipment may retain residual refrigerant in its condenser, which would then be mixed with the next batch of refrigerant recovered by the equipment. Because mixed refrigerant can be difficult if not impossible to reclaim (depending on how cross-contaminated the mixed refrigerant is) and expensive to destroy, it is much more likely than unmixed refrigerant to be vented to the atmosphere. Third, certification would provide reliable information on the equipment’s recovery speed. Without such information, technicians may purchase equipment that recovers too slowly, tempting them to interrupt recovery before it is complete. As discussed in the 1993 Rule, where EPA established the equipment certification requirements, the information on equipment performance provided by an independent third-party testing organization is more reliable than that provided by other sources, such as equipment manufacturers (58 FR 28686–28687). Certification of recovery equipment used with non-exempt substitute refrigerants would also maximize recycling and minimize emissions of ODS refrigerants. There is no physical difference between ozone-depleting refrigerants and their fluorocarbon substitutes that would prevent a technician from purchasing and using HFC recovery equipment on CFCs or HCFCs, except in the case of flammable refrigerants. Because different treatment is warranted for flammable refrigerants, EPA is proposing to add standards for the recovery of flammable non-exempt refrigerants. Currently, EPA is only aware of two flammable non-exempt substitute refrigerants that are approved for use in stationary refrigeration and air-conditioning equipment: HFC–32 and HFO–1234ze(E). However, EPA expects this number to grow in the future. Additionally, EPA notes that the AHRI Standard 740–2015 that is being used as the basis for the recycling and/ or recovery equipment requirements in appendix B3 does not apply to flammable refrigerants. To address this, EPA is proposing several options that could be used for flammable nonexempt substitute refrigerants like HFC– 32. EPA could require that all recycling and/or recovery equipment used with E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules flammable non-exempt substitute refrigerants must: —meet a new standard that requires the recovery/recycling performance of appendix B3 (based on AHRI Standard 740–2015) and the safety performance of Underwriters Laboratories (UL) Standard 1963, Supplement SB—Requirements for Refrigerant Recovery/Recycling Equipment Intended for Use with a Flammable Refrigerant; —meet the standards in appendix C (80 percent of the refrigerant must be recovered if the compressor is not functioning; 90 percent of refrigerant must be recovered if the compressor is functioning); —meet the requirements in a flammable refrigerant recovery standard from another organization like the International Organization for Standardization (ISO), AHRI, or ASHRAE, if available; —use equipment that is certified for another refrigerant within the same pressure category; or —recover flammable refrigerants, but without a standard or certification until standards are developed. Creating an appendix B4 that combines the requirements of appendix B3 with the requirements in Supplement SB of UL 1963 could be the most appropriate option. EPA would incorporate certain aspects of UL 1963 by reference and potentially modify the testing protocol in appendix B3 to account for flammability concerns during testing. When refrigerants are removed from the appliances, whether destined for reclamation or disposal, they must be managed properly. One of the first steps in proper management is to determine whether or not the refrigerants are a hazardous waste under the Resource Conservation and Recovery Act (RCRA) and its corresponding regulations. It is the facility’s responsibility to make this waste identification. Under the regulations, a facility may either test the waste or use knowledge to make this determination. If the material is determined to be a hazardous waste, then the facility is a hazardous waste generator and is subject to the generator regulations at 40 CFR part 261.5 or 40 CFR part 262, depending on the amount of hazardous waste generated in a month. For details on the Federal generator regulations, see https:// www2.epa.gov/hwgenerators. Some spent alternative refrigerants such as HFC–32 most likely exhibit the hazardous waste characteristic of ignitability. This would also likely hold true for some exempt substitute refrigerants, like propane and isobutane. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 In the case of household appliances, repair and disposal of hydrocarbon refrigerant would not be considered hazardous waste management because the appliance is exempt under the household hazardous waste exemption at 40 CFR 261.4(b)(1) (although States may have more stringent regulations). However, a facility must be careful not to mix the household hazardous waste with regulated hazardous waste in order for the household appliances to remain exempt. Certifying recovery and/or recycling equipment used with substitute refrigerants is important to further implementing section 608(c)(2) and 608(a). In particular, the proposed revisions would make clear that proper use of certified equipment would be considered a good faith effort to recapture and recycle or safely dispose of non-exempt substitute refrigerants when maintaining, servicing, repairing, or disposing of an appliance, in order to comply with the prohibition on venting of substitute refrigerants. Part of making a good faith effort to recover such refrigerants involves using equipment that minimizes emissions of substitute refrigerants and prevents the mixture of substitute refrigerants and ODS refrigerants during the recovery and recycling process. It also involves using equipment that recovers refrigerant quickly enough that the recovery process can be completed in a reasonable amount of time from a given appliance. Certification of such equipment will help ensure that technicians use equipment that is suited to these goals. EPA requests comments on whether removing earlier appendices for older equipment and using the updated AHRI standards for newly certified recovery and/or recycling equipment is appropriate. EPA also requests comments on its proposal to require all recovery and/or recycling equipment used on appliances containing substitute refrigerants (with the potential exception of flammable refrigerants) to be certified by an independent third party and on the following questions: What equipment is currently being used on appliances containing substitutes? Would providing a uniform standard for recovery and/or recycling equipment be beneficial to product manufacturers or service technicians? Has mixing of ODS refrigerants and/or substitute refrigerants been a problem using the currently available equipment? Are there any recovery devices suitable for use with flammable non-exempt refrigerants? Are there any other standards that EPA should considers PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 69501 before finalizing recovery standards (i.e., ISO, AHRI, ASHRAE)? EPA also seeks comment on what standards should be used for the recycling and/or recovery of flammable non-exempt refrigerants like HFC–32. Comments should address the safety and efficacy of the various standards and whether the standard would facilitate or deter the use of flammable refrigerants. 3. Clarifications and Edits for Readability EPA is proposing to reorganize § 82.158 by appliance type. EPA is also proposing to combine tables 2 and 3. Table 2 contains the levels of evacuation that must be achieved by recovery and/ or recycling equipment manufactured on or after November 15, 1993, and table 3 contains levels for equipment manufactured before that date. The combined table removes inconsistencies in terminology and formatting. EPA is also proposing to re-write § 82.158 for clarity the requirements for recovery equipment used on small appliances. In general, the requirement is that the equipment is capable of recovering 90% of the refrigerant in the test stand when the compressor of the test stand is operational and 80% of the refrigerant when the compressor of the test stand is not operational. In addition, there are secondary considerations that could allow for the certification of recovery equipment based on when that equipment was manufactured or imported. EPA’s intent was to remove redundancy and not to change the standards when modifying this section. EPA notes that the existing term is ‘‘operating’’ rather than ‘‘operational.’’ EPA discusses this proposed change above in section IV.D above where it describes the proposed changes to the evacuation requirements for small appliances. EPA is also proposing to remove a provision stating that EPA will maintain a list of equipment certified under this section by manufacturer and model. EPA is proposing instead to require that the certified equipment testing organizations publish online a list of equipment that meets EPA requirements. This proposal is discussed in the next section of this notice. 4. Removing the Certification by Owners of Recovery and/or Recycling Equipment EPA currently requires under § 82.162 that anyone who maintains, services, repairs, or disposes of appliances containing an ODS submit a signed statement to the appropriate EPA Regional office stating that they own E:\FR\FM\09NOP3.SGM 09NOP3 69502 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS3 recovery and/or recycling equipment and are complying with the applicable requirements of subpart F. EPA is proposing to remove this requirement. EPA created this provision in 1993 when the Agency first required that recovery and/or recycling equipment be certified and that technicians use certified equipment. At the time, the use and availability of recovery and/or recycling equipment was not as commonplace as it is today. Equipment certification demonstrated to EPA that equipment was available for use by certified technicians. In particular EPA was interested in the capabilities of grandfathered, or pre-1993, equipment. Since certified recovery and/or recycling equipment is commonly available, EPA no longer needs the information contained in the certification statement such as the number of service trucks and personally identifiable information of equipment owners. EPA is therefore proposing to remove this certification requirement. EPA solicits comments on this proposed revision. H. Proposed Changes for Equipment Testing Organizations in Section 82.160 EPA relies on independent third party organizations approved by the EPA Administrator to certify that refrigerant recovery and/or recycling equipment meets the standards in subpart F. Any equipment testing organization may apply for approval so long as they can verify that they have the expertise and technical capability to verify the performance of the recovery and/or recycling equipment and have no conflict of interest with the equipment manufacturers. EPA is proposing to make only a few substantive changes to these regulations. First and foremost, a certifying organization must have expertise to certify any new equipment affected by this proposed rule. Thus, an organization must be capable of certifying equipment that is used to recover or recycle HFCs and other substitute refrigerants. EPA is proposing to allow equipment certifying organizations that have already been approved by EPA to continue certifying equipment without need to re-apply. Organizations that are currently certified have sufficient expertise because the same expertise is needed to test equipment used on ODS and substitute refrigerants. EPA is also proposing changes that would reduce the reporting burden for these entities. EPA currently requires a list of all certified equipment to be submitted to EPA within 30 days of the organization’s approval by EPA and VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 annually at the end of each calendar year thereafter. EPA is proposing to remove those requirements. EPA is proposing instead to require that the certified equipment testing organizations publish online a list of equipment that meets EPA requirements. This list would include the manufacturer and the name and/or serial number of a newly certified model line, which is the information that the certifying organizations must currently provide to EPA. This list must be updated no less than once per year, but an organization can choose to update the list more frequently. Making the information available online will be no more burdensome for the testing organization than submitting the list to EPA. Online publication is also a better method of communicating these findings to the public than sending the information to EPA. EPA is also encouraging the use of electronic reporting and has established the email address 608reports@epa.gov to receive applications from organizations seeking to be approved under this section and notifications that a previously certified model fails to meet the standards upon retesting. EPA is also proposing to remove language in the regulation stating that applications must include written information. EPA requests comments on its proposal not to require equipment certification companies to reapply for approval so as to be able to certify equipment used with substitute refrigerants. EPA also requests comments on the proposal to remove the existing reporting requirements and instead require that certifying organizations publish lists of certified equipment online. I. Proposed Changes to the Technician Certification Requirements in Section 82.161 1. Background The regulations at § 82.161 currently require the certification of all individuals who service airconditioning and refrigeration equipment containing an ODS, other than MVACs, which are addressed separately. This group includes installers, contractor employees, inhouse service personnel, and anyone else who performs installation, service, maintenance, or repair that might reasonably have the opportunity to release ODS refrigerants to the environment. In addition, individuals disposing of air-conditioning and refrigeration equipment other than small appliances, MVACs, and MVAC-like appliances must be certified. PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 Technicians become certified by passing a test containing questions drawn from a bank developed jointly by EPA and industry educational organizations with a certification program approved by EPA. The test includes questions on the role of CFCs and HCFCs in ozone depletion, the requirements of the refrigerant recycling rule, and proper techniques for recycling and conserving refrigerant. EPA makes the question bank available to certifying organizations that demonstrate that they can properly generate, track, and grade tests; issue certificates; and keep records. 2. Extension to Substitute Refrigerants EPA is proposing to extend the certification requirements for technicians who work with ODS refrigerants to technicians who work with non-exempt substitute refrigerants. Requiring certification of technicians who work with non-exempt substitute refrigerants is important to effectively implement and enforce both section 608(c) and section 608(a)(2). As discussed above, section 608(c) prohibits the knowing release of substitute refrigerants during the service, maintenance, repair, or disposal of appliances, except for de minimis releases associated with ‘‘good faith attempts to recapture and recycle or safely dispose’’ of the refrigerants. Acts performed by an individual who has become a certified technician that comply with the applicable regulatory requirements would be defined as ‘‘good faith attempts to recapture and recycle or safely dispose’’ and thus any associated releases would qualify as de minimis. This interpretation is consistent with EPA’s interpretation of the same statutory language as it applies to ozone-depleting refrigerants. The technician certification program is one of the key elements in ensuring the proper recapture and recycling of refrigerant. As stated in the 1993 Rule establishing the program, a technician certification program increases the probability that technicians receive adequate training concerning the requirements of subpart F and the proper operation of recycling equipment, leading to reduced emissions through increased regulatory compliance. Certification does not prevent the violation of the venting prohibition, but it improves the likelihood of compliance through greater awareness. Certification also enhances EPA’s ability to enforce against intentional noncompliance by allowing the Agency to revoke the technician’s certification under the procedure in § 82.169. Finally, E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules certification increases fairness by seeking to ensure that all technicians are complying with the provisions of subpart F. Persons who are not certified technicians are far more likely to intentionally or inadvertently release refrigerant. Certified technicians are much more likely to understand how and why to recover and recycle refrigerants and to have the proper equipment to do so. Technician certification helps ensure that technicians are knowledgeable in refrigerant recovery requirements and techniques. The existing regulations do not specifically prohibit an untrained individual from opening an air conditioner containing a substitute refrigerant to add a substitute refrigerant (or potentially even an ODS refrigerant, assuming a certified technician purchased the ODS refrigerant) or replace components. While the venting prohibition still applies, the individual may not even be aware that there is a prohibition against venting refrigerant. Tips reported to the Agency indicate this occurs. Requiring that anyone opening an appliance be a certified technician will reduce emissions caused by uninformed service personnel and will facilitate enforcement of the venting prohibition, especially when coupled with the proposed recordkeeping requirement discussed in section IV.D.3 of this notice. Based on stakeholder input prior to this proposal, EPA is aware that many companies require certification of their technicians regardless of the type of refrigerant being used. The principles of proper handling, recovery, and disposal of non-exempt substitute refrigerants are similar if not identical to those for ODS refrigerants, except that additional safeguards are advisable for flammable refrigerants. The fact that some individuals may be working on nonODS appliances without certification and without following safe handling practices places those most likely to minimize emissions at a disadvantage. One goal of this rulemaking is to incentivize the proper practices or at least remove disincentives to compliance and to environmental protection. EPA is therefore proposing to require certification for anyone working on an appliance where there is a reasonable expectation that an ODS or non-exempt substitute refrigerant will be released into the environment in the course of that work. The mechanism by which EPA is extending the technician certification requirement to appliances containing non-exempt substitute refrigerants is through the amended definition of the VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 terms refrigerant and appliance. As discussed in the definition section, EPA is proposing to update the term appliance to include substitutes in addition to class I and class II substances. EPA is not proposing any changes to the regulatory text in § 82.161 to effectuate this proposal. EPA notes that this proposal would not extend the technician certification requirement to individuals servicing or disposing of appliances containing refrigerants that are exempt from the venting prohibition. However, expanding the certification program to cover those working on equipment containing non-exempt substitutes could decrease the likelihood of untrained technicians working with equipment containing any type of refrigerant, including hydrocarbons. Therefore, individuals would not need to be certified under section 608 of the CAA to work on hydrocarbons in those specific end-uses and appliances approved under SNAP. EPA discusses whether the agency should initiate a rulemaking in future to require certification of technicians using exempt substitutes in Section VI of this preamble. Consistent with the discussion in Section III above, requiring certification for technicians who work with substitute refrigerants is also necessary to implement the section 608(a) requirements for EPA to promulgate regulations that reduce emissions of class I and II refrigerants to the lowest achievable levels and maximize recapture and recycling of such substances. Technician certification requirements for handling substitute refrigerants would directly reduce some releases of class I and II refrigerants. It would also protect against refrigerant mixture, which otherwise is likely to cause additional releases of class I and II refrigerants. Failure to require technician certification may lead to increased emissions and reduced recycling of ozone-depleting substances, especially if the person who is violating the refrigerant circuit is not aware of refrigerant recovery requirements and best practices. Uncertified technicians working primarily with HFCs or other substitutes may overlook the restrictions on their ability to work with ozonedepleting refrigerants. Because of the absence of a certification requirement for substitute refrigerants they might be unaware of the existence or scope of the restrictions. Thus, they might fail to recover or recycle class I and class II refrigerants properly, if at all. Uncertified technicians are currently able to purchase HFC and other PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 69503 substitute refrigerants which they could end up using to retrofit appliances containing ozone-depleting substances. Such uncertified technicians may be more likely to vent the ozone-depleting substance prior to retrofitting, given their probable lack of knowledge and the fact that return of the substance to a reclaimer would reveal that they were handling it illegally. Failure to require technician certification to work with substitute refrigerants is also likely to encourage the inappropriate mixture of substitute and ozone-depleting refrigerants. In this scenario, refrigerant mixture could occur because uncertified technicians might wish to service CFC or HCFC equipment, but would have access only to HFCs due to the sales restriction on ODS refrigerants. Lacking proper education or knowledge, these technicians would probably have a poor understanding of the consequences of mixing refrigerants, and would therefore be more likely than certified technicians to add HFCs to CFC or HCFC systems. The consequences of such inappropriate mixture include significant losses in performance and energy efficiency in equipment serviced with mixed refrigerants, damage to equipment, the lost value of the mixed refrigerant (which is at best difficult, and often impossible, to separate into the component refrigerants), and costs for destroying mixed refrigerants. Refrigerant mixture also leads both directly and indirectly to refrigerant release. Mixture leads directly to release because mixtures of certain refrigerants, such as R–22 and R–134a, have higher pressures than either component alone. Thus, pressure-sensitive components such as air purge devices on recycling machines and relief devices on appliances may be activated by these mixtures, venting the refrigerant to the atmosphere. Purge devices in particular are often set to open when the pressure of the recovery cylinder’s contents rises more than 5–10 psi above the expected saturation pressure for the refrigerant; this margin is exceeded by R–22/R–134a mixtures containing more than ten percent of the contaminating refrigerant. Refrigerant mixture also reduces recycling and leads indirectly to release. First, mixed refrigerants not only lose their value but cost money to reclaim or destroy, which could provide a financial incentive for illegal venting. Second, the direct releases and equipment breakdowns caused by contamination lead to increased equipment servicing, which itself leads to unavoidable releases of refrigerant. Thus, failure to impose a certification requirement on persons working with substitute refrigerants would increase the E:\FR\FM\09NOP3.SGM 09NOP3 69504 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules probability of both substitute and ozonedepleting refrigerants being emitted to the atmosphere. For these reasons, EPA is proposing a technician certification requirement for persons working with non-exempt substitutes in order to further implement sections 608(a) and 608(c), using the authority under these sections. EPA requests comments on the likelihood that failure to impose a technician certification requirement on persons working with HFCs and other substitutes would lead to release and mixture of both ozone-depleting refrigerants and substitutes. srobinson on DSK5SPTVN1PROD with PROPOSALS3 3. Updated Test Bank EPA is planning to update the technician certification test bank with more questions on handling substitutes, including flammable substitute refrigerants, and on the impacts of climate change. While this is not a regulatory change—the Agency can update the test bank when appropriate without promulgating a new regulation—it aligns with EPA’s proposal to extend the refrigerant management regulations to substitute refrigerants. Currently, the questions focus on CFCs and HCFCs, even though CFCs have been phased out for nearly twenty years and the predominant HCFC, HCFC–22, will be phased out by 2020. EPA has begun reviewing the test bank and consulting with certification and training organizations to identify questions that should be updated, replaced, or removed, with an eye toward questions on the proper handling and recovery of HFCs and other substitute refrigerants. The updated test bank will incorporate new and revised elements of the National Recycling and Emission Reduction Program that are being proposed in this action, once finalized. For this reason, EPA is waiting to update the test bank until after this rule is finalized. EPA intends to use a similar process to the one used when initially creating the test bank. EPA will work with industry and trade associations to develop and evaluate new questions as well as remove or update questions that may be out of date. EPA invites participation from the regulated community in this process. J. Proposed Changes to the Technician Certification Program Requirements in Section 82.161 1. Background The current regulations at § 82.161 require that organizations operating technician certification programs must VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 apply to EPA to have their programs approved. The application process ensures that technician certification programs meet minimum standards for generating, tracking, and grading tests as well as keeping records. Approved technician certification programs must keep records of the names of technicians they have certified and the unique numbers assigned to each technician certified through their programs. These records allow both the Agency and the certification program to verify certification claims and to monitor the certification process. Approved technician certification programs also must submit reports to EPA every six months containing the pass/fail rate and testing schedules. Such reports allow the Agency to evaluate certification programs and modify certification requirements if necessary. 2. Extension to Substitute Refrigerants EPA is proposing to require that technicians who work with non-exempt substitute refrigerants be certified. By extension, EPA is proposing to require that technician certification programs offer tests for those technicians. This should not require significant changes to current practices other than using the updated test bank and the changes discussed below. EPA is not proposing as a lead option to require certification programs to recertify based on this or any other proposed changes in this rule, but seeks comments on whether such recertification requirements would be appropriate. 3. Technician Database In developing this proposed rule, EPA asked technician certification programs whether the Agency should establish a national database of certified technicians. EPA considered creating a database to reduce the burden currently facing the Agency and technician certification programs in assisting technicians who have lost their certification cards. EPA receives on average five inquiries a day from technicians who are seeking a copy of their card. EPA does not maintain records of who has been certified; this is currently the responsibility of the certification programs. EPA can only direct technicians to a list of the approved certification programs on the Agency’s Web site, but in some cases the technician does not remember the name of the program that issued their card. EPA is aware that many certification programs also get numerous inquiries from technicians. Establishing a publicly searchable database would help technicians find replacement certification cards. PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 Certification programs themselves are generally better suited to maintain such information. Currently, certification programs must maintain records of the names and addresses of all individuals taking the tests, as well as the scores, dates, and locations of all administered tests. A publicly-available database that contains components of these records should be sufficient for a technician to locate themselves. EPA is proposing that this database, which could be as simple as a list, contain the first name, middle initial, and last name of the certified technician, the technician’s city of residence when taking the test, the type(s) of certification received, and the date each certification test was completed. EPA is proposing to exempt Federal government-run programs from this requirement because the public release of government and military personnel names linking them to their Federal employment could present significant privacy and security concerns, especially for military and other government personnel who may be based, deployed, or traveling to hostile regions throughout the world. Because this database is primarily for the benefit of the technician, EPA is offering the option for the technician to opt out. The technician certification program must therefore provide notice to technicians that they will be included in that database and give technicians the ability to opt out. EPA seeks comment on whether technicians should be allowed to opt out. EPA is not proposing to require that certification programs list everyone currently in their records. While this may assist current technicians who have lost their cards, listing the hundreds of thousands of technicians certified over the last twenty-two years could be overly burdensome. This would also not provide technicians with the opportunity to opt out. Therefore, EPA is proposing that the certification programs only be required to include technicians certified after the effective date of a rule finalizing this proposal. EPA would encourage certification programs to work with technicians they have previously certified to see if they could be added to an online database or list. EPA is not proposing to require any specific format for providing this database or list. EPA is aware that some certifying organizations already provide this information online to their technicians and the Agency does not intend to require that they change how they offer the information so long as the required data elements are included. An online database or list of certified technicians can also assist refrigerant E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules wholesalers to enforce the sales restriction. For example, if a vendor has any doubt about a new customer, they could confirm that the technician is certified by comparing the customer’s ID with the information online. The online information can also be printed and maintained as a record by the vendor. EPA invites comments on the proposal to require certifying organizations to publish and maintain an online searchable database or list of technicians they certify going forward. EPA requests comments on whether such databases could be useful to technicians and refrigerant wholesalers while allowing for preservation of technicians’ privacy as afforded by the Privacy Act. EPA also seeks comment on whether it should allow technicians to opt out of being included on a public list. srobinson on DSK5SPTVN1PROD with PROPOSALS3 4. Grandfathering Provisions EPA is proposing to remove provisions related to voluntary certification programs at § 82.161(g). This program was created to allow technicians who were trained prior to the establishment of approved technician certification programs to be recognized as certified technicians. In order to have their voluntary programs considered for approval, applications both for approval as a technician certification program and for approval as a voluntary program were due in 1994. EPA is proposing to remove this provision because it is expired and no longer necessary. 5. Certification Cards EPA is proposing to change the required text that is printed on certification cards. Currently, the card states that ‘‘[Name of person] has been certified as a [Type I, Type II, Type III, and/or Universal, as appropriate] technician as required by 40 CFR part 82, subpart F.’’ Some organizations believe that the language used on the certification card implies that a technician as defined in subpart F may be trained in other aspects of equipment installation. The primary purpose of the 608 certification card is for a technician to prove to a vendor that they understand the environmental impacts of mishandling refrigerants. While this certification also grants an individual the right to maintain, service, repair, or dispose of appliances, the 608 exam is less focused on the operational and engineering aspects of refrigeration and air-conditioning equipment. EPA is proposing to amend the language found on the certification card to more accurately reflect the knowledge VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 69505 needed to obtain the certification. Therefore, EPA is proposing that the card read ‘‘[Name of person] has successfully passed a [Type I, Type II, Type III, and/or Universal, as appropriate] exam on how to responsibly handle refrigerants as required by EPA’s National Recycling and Emission Reduction Program.’’ EPA stated in the 1993 Rule establishing the Technician Certification requirements that standardized language will decrease administrative costs and aid in enforcement. In addition it would ease burden on refrigerant wholesalers who must inspect the cards to verify the certification of technicians. Updating the information on the certification card should not result in any new administrative costs or generate confusion. The requirements for certification cards appears in both § 82.161 and appendix D. EPA is proposing to remove the redundant requirement from § 82.161 and make the updates proposed in this section to appendix D, as descried in more detail below. and when they should expect to receive their score, and if they passed, their certification cards. EPA requests comments on the proposed revisions to appendix D. 6. Updates to Appendix D EPA is proposing minor edits to appendix D ‘‘Standards for Becoming a Certifying Program for Technicians.’’ EPA is proposing that the description of test contents includes the environmental impact of not just ODS but also substitute refrigerants. EPA is also proposing to remove outdated, redundant, or self-explanatory provisions. This includes removing paragraphs (i) through (k) on approval process, grandfathering, and sample application. EPA is proposing to remove the reference that EPA will periodically publish information on the fees charged by the programs as the Agency no longer collects this information. To protect the private information of technicians and minimize the potential for fraud, EPA is also proposing to remove social security numbers as an acceptable form of identification for Type I technicians using the mail-in format and state that social security numbers cannot be used in the unique certification number assigned to newly-certified technicians. EPA is also proposing clarifying changes and other small changes, including changing the reporting deadline from June 30 of each year to July 30 of each year. Finally, to help technicians better identify who certified them, EPA is also proposing to require that certifying organizations provide a hand-out or electronic communication to technicians after they have taken the test explaining who provided the training, who to contact with questions, 1. Background PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 7. Edits To Improve Readability EPA is proposing to make minor edits to improve the readability of this section. Notably, EPA is proposing to divide the requirements into two sections. The first would be provisions related to responsibilities of technicians and the second would be provisions related to technician certification programs. It is not EPA’s intent to place new requirements on either party through this reorganization of content. EPA also considered proposing to incorporate the provisions of appendix D into § 82.161 itself and removing appendix D in its entirety but is not proposing to do so at this time. EPA invites comments on the revised language. K. Proposed Changes to the Reclamation Requirements in Section 82.164 The regulations at § 82.164 currently require that anyone reclaiming used ODS refrigerant for sale to a new owner, except for people properly certified under subpart F prior to May 11, 2004, is required to reprocess refrigerant to standards laid out in appendix A (based on ARI Standard 700–1995, Specification for Fluorocarbons and Other Refrigerants), release no more than 1.5 percent of the refrigerant during the reclamation process, dispose of wastes from the reclamation process in accordance with all applicable laws and regulations, and adhere to specific recordkeeping and reporting requirements. 2. Extension to Additional Substitute Refrigerants EPA is proposing to extend the reclamation standards for refrigerants in appendix A to additional non-ozonedepleting substitutes. Most of the refrigerants addressed in appendix A are single component ODS refrigerants or a blend containing an ODS component, with a few exceptions such as R–407C and R–410A. It is appropriate to update this 1995 standard to ensure that refrigerants developed in the last twenty years are reclaimed properly. While standards have been developed for these new refrigerants, reclaimers may not have to achieve such standards without that standard being incorporated into the subpart F regulations. In a recent proposed rule to issue allowances for the production and E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 69506 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules import of HCFCs, EPA sought comments on referencing AHRI Standard 700–2012 Specification for Fluorocarbon Refrigerants directly, a practice known as incorporation by reference, rather than reproducing the standard in appendix A (78 FR 78095; December 24, 2013). EPA noted at the time that incorporation by reference, and deletion of the text in appendix A, has several advantages. AHRI standards are published, widely known to and used by the persons affected by this regulation, and available free of charge online at www.ahrinet.org/ standards.aspx. Referencing the AHRI standard, in lieu of duplicating it in appendix A, would reduce potential confusion about the relationship between the two sets of requirements. On the other hand, EPA recognizes that there is an advantage to including the requirements of the standard in an appendix to the regulation, avoiding the need to search for the specific version of the AHRI standard referenced, and providing certainty that compliance with appendix A (although possibly outdated) constitutes compliance with EPA regulations. In response to EPA’s proposal, five commenters supported using the updated testing procedures and protocols, while six commented that the newer halogenated unsaturated volatile impurities limit of 40 ppm by weight (0.004% by wt), as compared to the previous limit of 0.5% by weight, created undue expense and difficulty for reclaimers to achieve. Those commenters noted that ASHRAE and AHRI were still conducting further studies on the unsaturates limit. In the final rule issuing HCFC allowances, EPA did not incorporate AHRI 700– 2012 by reference, noting concerns about the unsaturates limit and the ongoing unsaturates study (79 FR 64281; October 28, 2014). At this time, recognizing that the unsaturates study has not been finalized, EPA is proposing to update appendix A to include HFCs, PFCs, HFOs, and other refrigerants based on the standards contained in AHRI Standard 700–2015, Specifications for Refrigerants, while keeping the unsaturates limit to be 0.5% by weight. If the unsaturates study is published before this final rule is issued, EPA would consider incorporating the full standard by reference. EPA seeks comments on whether the updated standard, AHRI Standard 700– 2015 Specifications for Refrigerants, along with Appendix C to AHRI–700 2015, should be directly incorporated by reference, or whether appendix A should be updated to include HFCs, VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 PFCs, HFOs, and other refrigerants based on the 2015 version of the AHRI 700 standard, including the appendix. EPA also seeks comment on whether the agency needs to keep section 5.3.2 titled ‘‘Alternative Method’’ in Appendix A to subpart F. change to improve the enforceability of these provisions. None of these underlying requirements themselves would change, other than the updated AHRI standard and that the clarification that the analysis be conducted on each batch of refrigerant, as discussed above. 3. Changes to Recordkeeping and Reporting Under the current regulations at § 82.164(b), reclaimers must certify that the refrigerant reclaimed meets the specifications in AHRI Standard 700– 1995 using the analytical methodology prescribed in appendix A. In addition to updating the standard to AHRI Standard 700–2015, EPA is proposing to clarify that the analysis must be conducted on each batch of refrigerant being reclaimed. EPA is also proposing to require that reclaimers maintain records of these analyses. Requiring reclaimers to maintain records helps to ensure that refrigerant is being reclaimed to the appropriate specifications. Reclaimers currently analyze by batch, and already generate records when doing so, so these proposed changes update the regulations to reflect current practices and clarify the existing requirements for ODS, and do not add additional burden. EPA is also proposing to specify that all recordkeeping and reporting requirements for reclaimers be maintained by refrigerant type (i.e. ASHRAE number), as information kept in this format will provide more clarity on the types and quantities of refrigerants being reclaimed when aggregated information is reported. EPA is also clarifying what aggregate information must be reported annually to the Agency, and removing a redundant recordkeeping provision related to that report. EPA requests comments on these proposed changes to the recordkeeping and reporting provisions. L. Proposed Changes to the Recordkeeping and Reporting Requirements in Section 82.166 4. Clarifications and Edits for Readability EPA is proposing to consolidate provisions related to refrigerant reclaimers into a single section. Specifically, EPA is proposing to move prohibitions found in § 82.154(i) and recordkeeping and reporting requirements found in § 82.166(g) and (h) into § 82.164. This proposal also clarifies what is required of the reclaimer. The current regulation requires a reclaimer to certify that he or she will meet a certain set of standards and engage in certain behaviors. The revised regulation requires first that a reclaimer meet those standards and behaviors and second that they certify to having done so. EPA is making this PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 1. Background The current regulations include all recordkeeping and reporting provisions in one section of subpart F (§ 82.166). While having all the provisions in one place is useful, the individual pieces are separated from the required practices that the records/reports are intended to help enforce. This can create confusion for the regulated community when they are trying to understand what they must do and what records they must keep to remain in compliance with the section 608 requirements. This is especially true when a recordkeeping or reporting provision directly references a requirement in another section of subpart F. To improve the readability and clarity of the recordkeeping and reporting provisions, EPA is proposing to move the requirements that are currently in § 82.166 to the relevant section describing the required practices. For example, EPA is proposing to move the amended recordkeeping and reporting requirements for Appliance Maintenance and Leak Repair to the section where those required practices are listed, specifically § 82.157. This should allow the regulated community to more easily align the required practices with their recordkeeping/ reporting obligations without having to reference requirements in other sections. EPA summarizes the amended recordkeeping and reporting provisions below. EPA is also proposing a new recordkeeping and reporting requirement for anyone disposing of appliances with between five and 50 pounds of refrigerant. 2. Summary of Recordkeeping Provisions EPA has developed numerous recordkeeping requirements to document compliance with the section 608 regulations. A summary of the proposed requirements is included below. Please refer to other sections of this notice to read about the proposed changes to the existing requirements. All of the proposed requirements would apply to all refrigerants unless the refrigerant is exempt from the venting prohibition. Unless otherwise noted, all E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules records must be maintained for at least three years. • Disposal of Small Appliances, MVACs, and MVAC-like Appliances: Persons who take the final step in the disposal process of such appliances must keep a copy of all the signed statements indicating refrigerant was recovered properly. This statement must include the name and address of the person who recovered the refrigerant and the date the refrigerant was recovered. Alternatively, the statement may be a signed contract stating that the supplier will recover any remaining refrigerant from the appliance prior to delivery. • Disposal of Appliances Containing Five to 50 Pounds of Refrigerant: Persons evacuating refrigerant from appliances normally containing five to 50 pounds of refrigerant for purposes of disposal of that appliance must maintain records documenting their company name, location of the equipment, date of recovery, amount and type of refrigerant recovered for each appliance and the quantity and type of refrigerant transferred for reclamation and/or destruction. • Leak Inspection: Owners or operators of appliances normally containing 50 or more pounds of refrigerant must maintain documentation from quarterly or annual leak inspections that includes the date of inspection and the component(s) where leaks were discovered. Alternatively, owners or operators may install an automatic leak detection system and maintain records showing that the system is calibrated annually. • Extension Requests to the Periodic Leak Inspection Requirement: Owners or operators of federally-owned appliances containing 50 or more pounds of refrigerant must maintain copies of extension requests submitted to EPA to conduct leak inspections less frequently until three years after the less frequent leak inspection schedule is no longer being followed. • Full Charge: Owners or operators of appliances normally containing 50 or more pounds of refrigerant must maintain records documenting what the full charge amount is for appliances with 50 or more pounds of refrigerant. The record for the current full charge must be maintained until three years after the appliance is retired. • Service Records Provided by Technicians: Persons adding or removing refrigerant from an appliance normally containing 50 or more pounds of refrigerant must provide the owner or operator with documentation containing the identity and location of the appliance; the date and type of VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 maintenance, service, repair, or disposal performed; the name of the person performing the maintenance, service, repair or disposal; the amount and type of refrigerant added to or removed from the appliance; the full charge of the appliance; and the leak rate and the method used to determine the leak rate (unless disposing of the appliance). • Service Records Maintained by Owners and Operators: The appliance owner or operator must maintain service records provided by technicians and the identification of the owner or operator of the appliance; the full charge of the appliance and the method for how full charge was determined; the original range for the full charge of the appliance, its midpoint, and how the range was determined (if using method 4, as described in § 82.152, for determining full charge); any revisions of the full charge and how they were determined; and the dates such revisions occurred. • Verification Tests: Owners or operators of appliances normally containing 50 or more pounds of refrigerant must maintain records of the dates, types, and results of all initial and follow-up verification tests. Under this proposed rule, this would apply to all types of equipment, not just IPR. • Retrofit/Retirement Plans: Owners or operators of appliances normally containing 50 or more pounds of refrigerant that cannot be repaired must maintain retrofit or retirement plans. The plan must, at a minimum, contain the following information: Identification and location of the appliance; type and full charge of the refrigerant used; type and full charge of the refrigerant to which the appliance will be converted, if retrofitted; itemized procedure for converting the appliance to a different refrigerant, including changes required for compatibility with the new substitute, if retrofitted; plan for the disposition of recovered refrigerant; plan for the disposition of the appliance, if retired; and one-year schedule for completion of the appliance retrofit or retirement. • Extension Requests to Repair or Retrofit/Retire Appliances: Owners or operators of appliances normally containing 50 or more pounds of refrigerant must maintain copies of extension requests. • Mothballing: Owners or operators of appliances normally containing 50 or more pounds of refrigerant that mothball an appliance must keep records documenting when the system was mothballed and when they add refrigerant back into the appliance. • Purged Refrigerant: Owners or operators of appliances normally PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 69507 containing 50 or more pounds of refrigerant that exclude purged refrigerant that are destroyed from their leak rate calculation must maintain records to demonstrate that a 98 percent or greater destruction efficiency is met. At a minimum this includes flow rate, quantity or concentration of the refrigerant in the vent stream, and periods of purge flow. • Lists of Certified Recovery Equipment and Testing Results: Organizations that are approved to certify refrigerant recovery and/or recycling equipment must maintain records of equipment testing and performance and a list of equipment that meets EPA requirements. These records must be maintained for three years after the equipment is no longer offered for sale. • Proof of Certification for Technicians: Technicians who have passed the section 608 Type I, II, III or Universal test, must keep a copy of their certification at their place of business. These records must be maintained for three years after a certified individual no longer operates as a technician. • Sales Restriction: Anyone selling ODS or substitute refrigerant must document the name of the purchaser, the date of sale, and the quantity of refrigerant purchased. In instances where the buyer employs a certified technician, the seller must keep the information provided by the buyer that at least one technician is properly certified. Copies of technician certifications must be maintained for at least three years after a technician or person employing a technician stops purchasing refrigerant. • Small Cans of Refrigerant for MVAC Servicing: Anyone manufacturing small cans of refrigerant with a self-sealing valve must maintain records verifying that the self-sealing valves do not leak more than 3.00 grams per year when the self-sealing valve is closed as required in the newly-proposed Appendix E to subpart F. Records must be maintained for three years after a certified product is no longer offered for sale. • Technician Certification Programs: Organizations that certify technicians must maintain records of who they certify, the scores of all certification tests administered, and the dates and locations of all tests administered. These records must be maintained as long as they are in operation, not just for three years. • Reclaimers: Reclaimers must maintain records of the analyses conducted to verify that reclaimed refrigerant meets the necessary specifications. On a transactional basis, reclaimers must maintain records of the E:\FR\FM\09NOP3.SGM 09NOP3 69508 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS3 names and addresses of persons sending them material for reclamation and the quantity of the material (the combined mass of refrigerant and contaminants) by refrigerant type sent to them for reclamation. EPA requests comments on the clarity and necessity of these recordkeeping provisions to ensure compliance with the section 608 regulatory requirements. 4. Summary of Reporting Provisions EPA has also proposed several reporting provisions. Reporting is an important component of the National Recycling and Emission Reduction Program and allows EPA to track compliance with the requirements. In this action, EPA has attempted to propose reporting requirements only when necessary to avoid significantly increasing burden on the regulated community. A summary of the proposed reporting requirements is included below. All of these reporting requirements are new for non-exempt substitute equipment. However, all of the proposed requirements are similar to those that exist currently for ODS equipment. Additionally, EPA has proposed to remove the requirement (1) for technicians to certify to the Administrator that they own certified refrigerant recovery equipment and (2) for programs certifying recovery and/or recycling equipment to report to EPA annually on the equipment they approve. Both of these requirements are no longer needed. Unless the information is claimed as confidential business information or as otherwise noted, all notifications must be submitted electronically to 608reports@ epa.gov. Electronic submission of reports should decrease burden on both EPA and the regulated community. • Extensions to the 30-day or 120-day Leak Repair Requirement: Owners or operators of appliances normally containing 50 or more pounds of refrigerant must notify EPA when seeking an extension of time to complete repairs. The request must include the following information: Identification and address of the facility; the name of the owner or operator of the appliance; the leak rate; the method used to determine the leak rate and full charge; the date a leak rate above the applicable leak rate was discovered; the location of leak(s) to the extent determined to date; any repair work that has been performed thus far, including the date that work was completed; the reasons why more time is needed to complete the repair; and an estimate of when the work will be completed. • Extensions to Retrofit or Retire Appliances: Owners or operators of VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 appliances normally containing 50 or more pounds of refrigerant must notify EPA when seeking an extension of time to complete a retrofit or retirement. • Purged Refrigerant: Owners or operators of appliances normally containing 50 or more pounds of refrigerant that exclude purged refrigerant that are destroyed from their leak rate calculation must provide a one-time report to EPA that includes the identification of the facility and a contact person; a description of the appliance; a description of the methods used to determine the quantity of refrigerant sent for destruction and type of records that are being kept; the frequency of monitoring and datarecording; and a description of the control device, and its destruction efficiency. • Extensions to the Periodic Leak Inspection Requirement: Owners or operators of federally-owned appliances containing 50 or more pounds of refrigerant must submit a request to EPA if they wish to conduct leak inspections less frequently than quarterly or annually (depending on the full charge and type of appliance). The extension request must show that the appliance has a minimal history of leakage, and is remotely located or is otherwise difficult to access for routine maintenance. Additionally, the extension request should explain why automatic leak detection equipment could not be used and what leak inspection schedule would be reasonable given the circumstances (not to be less frequent than one inspection every three years). • Requesting Approval to Certify Recovery/Recycling Equipment: Any organization wishing to certify refrigerant recovery and/or recycling equipment must submit an application to EPA. Applications must include information on the facilities used, the qualifications, experience and procedures used to perform certifications, and that there are no conflicts of interest in certifying equipment. • Previously-certified Recovery/ Recycling Equipment: Organizations that are approved to certify refrigerant recovery and/or recycling equipment must inform EPA if subsequent tests indicate a previously-certified recovery and/or recycling device does not meet EPA requirements. • Technician Certification Programs: Any organizations wishing to certify technicians under section 608 must submit an application to EPA describing how they will meet all the required standards in appendix D. Organizations that certify technicians must publish PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 online lists/databases of the people that they certify. Organizations must report to EPA twice a year the pass/fail rate and testing schedules. If a previouslyapproved technician certifying organization stops certifying technicians for any reason, they must ensure those records are transferred to another certifying program or EPA. Organizations that receive records from a program that no longer offers the certification test must inform EPA within 30 days of receiving these records. The notification must include the name and address of the program to which the records have been transferred. • Reclaimer Certification: Any organization that wishes to reclaim refrigerants must certify to EPA that they will reclaim refrigerants to the required purity standards (based on AHRI Standard 700–2015), verify each batch of refrigerant they sell meets those standards, not release more than 1.5 percent of the refrigerant they receive during the reclamation process, dispose of wastes from the reclamation process in accordance with all applicable laws and regulations, and maintain records as required. • Reclaimer Change of Business Information, Location or Contact Information: If a reclaimer changes address or management, they must notify EPA within 30 days. Since reclaimer certification is not transferable, if ownership changes, the new owner must certify to EPA that they will meet the reclaimer certification requirements. • Amounts Reclaimed: Reclaimers must report annually the aggregate quantity of material sent to them for reclamation (the combined mass of refrigerant and contaminants) by refrigerant type, the mass of each refrigerant reclaimed, and the mass of waste products. EPA seeks comments on the clarity and necessity of these reporting requirements to ensure compliance with the section 608 regulatory requirements. M. Proposed Effective and Compliance Dates EPA is proposing that the final rule become effective on January 1, 2017. However, EPA recognizes that for certain requirements, stakeholders will likely need additional time to comply. The below paragraphs describe the requirements for which EPA is proposing a delayed compliance date and the specific time periods EPA is considering. In addition to those compliance dates discussed below, EPA seeks comments on whether other portions of the revised regulations E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules should have earlier or later compliance dates. srobinson on DSK5SPTVN1PROD with PROPOSALS3 1. Proposed Section 82.154(c)—Sale of Small Cans of Refrigerant for MVAC Servicing For manufacture and import of small cans of refrigerant for MVAC servicing, EPA is proposing a compliance date of one year from publication of the final rule. EPA is also proposing to allow small cans manufactured and placed into initial inventory or imported before that date to be sold for one additional year. For example, if the rule is published on July 1, 2016, small can manufacturers would have until July 1, 2017, to transition their manufacturing lines to add self-sealing valves. Manufacturers, distributors, and auto parts stores would be able to sell all small cans manufactured and placed into initial inventory or imported prior to July 1, 2017, until July 1, 2018. EPA seeks comments on this proposed implementation timeline. 2. Proposed Section 82.155—Safe Disposal of Small Appliances, MVAC, and MVAC-Like Appliances For the revisions to the requirements for the recovery of refrigerant prior to disposal/recycling of small appliances, EPA is proposing a compliance date of one year from publication of the final rule. This should provide time for final disposers such as scrap recyclers to learn about the updated requirement, make any adjustments needed to start maintaining records associated with disposal of appliances containing nonexempt substitutes, and to obtain certified recovery equipment for use with non-exempt substitutes. EPA is not proposing more than one year because (1) EPA is not proposing significant changes to the requirements for the recovery of refrigerant prior to disposal/recycling of small appliances, MVAC, MVAC-like appliances, (2) final disposers/recyclers of these appliances already must in effect recover HFCs and other non-exempt substitutes prior to disposing of an appliance, and (3) the existing recordkeeping systems and practices used by final disposers can be used to implement the safe disposal requirement to appliances containing non-exempt substitutes. EPA seeks comments on this proposed implementation schedule. 3. Proposed Section 82.156—Proper Evacuation of Refrigerant From Appliances For proposed provisions related to the evacuation of refrigerant before maintenance, servicing, repair, and disposal of appliances, EPA is VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 proposing a compliance date of one year from publication of the final rule. This would provide time for affected entities to learn about the required practices, set up a recordkeeping program to track the amount of refrigerant recovered from appliances that are disposed of in the field, and to obtain certified recovery equipment for use with non-exempt substitutes. EPA seeks comments on this proposed implementation schedule. 4. Proposed Section 82.157—Appliance Maintenance and Leak Repair EPA is proposing significant revisions to the leak repair provisions, including lowering the applicable leak rate, requiring leak inspections, and modifying the recordkeeping requirements. Because these changes are extensive, EPA is proposing a later compliance date for the appliance maintenance and leak repair requirements than for most other proposed provisions. EPA is proposing a compliance date 18 months from publication of the final rule. This would give owners and operators of appliances with 50 or more pounds of refrigerant time to learn about the updated requirements; update systems, standard operating procedures, and training materials to best implement the requirements; and fix leakier systems prior to the more stringent requirements taking place. EPA could consider a shorter or longer timeframe by approximately six to twelve months (in other words, the compliance dates could be between six months and two and half years after a final rule is published in the Federal Register), but would need commenters to provide details on why the shorter or longer timeframe is warranted (e.g., cost, logistics, environmental effects, or other verifiable and compelling rationales). EPA seeks comments on its proposed compliance date for the appliance maintenance and leak repair provisions. 5. Proposed Section 82.161—Technician Certification Requirements EPA is proposing that the compliance date for the revisions to § 82.161 be one year after publication of a final rule. Providing more time will allow EPA to update the test bank and certifying organizations to update their tests to use the updated questions. EPA does not anticipate that more than one year would be necessary because HVACR contractors are generally working on both ODS refrigerants and non-exempt substitute refrigerants, and there is not likely to be a rush of contractors needing to be certified. EPA is also proposing to require that any person certified as a technician on January 1, PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 69509 2017, or later be included in a publiclyaccessible database of certified technicians. Under the proposed timelines, technician certification programs would have to make this database available starting January 1, 2018. EPA seeks comments on these proposed compliance dates. 6. Sunset Dates for Requirements That Will Be Superseded in Future For the majority of the requirements in this rule, the new requirements will apply as of the effective date of the rule. For requirements with a delayed compliance date, EPA intends to indicate when those requirements will apply. EPA is proposing to sunset the corresponding existing requirements as of the dates the new requirements apply. EPA seeks comments on other approaches. V. Economic Analysis While selecting regulatory actions that would achieve the goals of this proposed rule, EPA considered the costs of different actions to individual entities and the United States economy as a whole. A full description of the cost analyses is included in the technical support document Analysis of the Economic Impact and Benefits of Proposed Revisions to the National Recycling and Emission Reduction Program, which can be found in the docket. To estimate the incremental costs of the proposed regulatory changes, the Agency developed a set of model entities with a distribution of different model facilities, each of which could contain a set of model appliances. This set of model entities was used to represent the potentially affected entities in a variety of economic sectors in the United States, and they were developed based on EPA’s Vintaging Model and cross-checked with a large dataset of repair records developed under California’s RMP. Each model entity reflects information about the typical number of facilities in a given sector and size category and the number of pieces of equipment in each equipment category that are likely to be owned and/or operated by each facility. By combining the model entities with economic data on potentially affected industries from the United States Census, EPA obtained a model for the potentially affected population. By applying the costs of leak inspections, repairs, recordkeeping and reporting, self-sealing cans for MVAC servicing, and other regulatory changes to this population, EPA estimated the costs to individual entities and the total cost to the economy. E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 69510 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules Some proposed regulatory changes in this action, e.g. providing extensions to owners or operators of comfort cooling and commercial refrigeration before having to replace leaking appliances, would reduce the cost of compliance to owners of ODS-containing equipment. These reductions were included in the incremental cost of the proposed action. Based on this analysis, EPA estimates that the total annual cost to comply with the proposed requirements is $63 million (all costs in 2014 dollars); this includes $61 million in cost to owners and operators of equipment using HFCs, and $2 million for those using ODS. Total annualized costs includes new compliance costs of approximately $113 million associated with the proposed rulemaking, less avoided compliance costs of approximately $50 million associated with the proposed removal of some existing regulatory requirements and provision of additional flexibility that are expected to reduce regulatory burden. The distribution of aggregate costs among different economic sectors and among the regulatory changes is detailed in the technical support document. Some proposed regulatory changes would reduce financial outlays by owners or operators of air-conditioning and refrigeration equipment, for example, by reducing the amount of refrigerant lost to leaks and thus saving equipment owners or operators the cost of purchasing more refrigerant to replace it. For the money saved in refrigerant purchases alone, EPA estimates that affected entities would avoid spending over $52 million due to the proposed regulatory changes. Thus, the compliance costs and refrigerant savings combined are estimated to be $11 million per year. The financial outlay from affected entities would additionally be lower because appliances running with the correct amount of refrigerant are generally more energy efficient to operate and last longer. The aggregate costs and savings for the economy as a whole given above would not be expected to be distributed evenly across affected entities. For example, owners of equipment containing ODS that leak at a rate less than 5% of their full charge per year might only incur costs for recordkeeping. However, owners of equipment containing HFCs that leak at a rate of 30% of their full charge per year might incur costs of repairing leaks, while also realizing savings due to reduced refrigerant replacement purchases. Under the Small Business Regulatory Enforcement Fairness Act (SBREFA), VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 Federal agencies must consider the effects regulations may have on small entities. If a rule may have a significant economic impact on a substantial number of small entities (SISNOSE), the Agency would be required to take certain steps to ensure that the interests of small entities were represented in the rulemaking process. To determine if this was necessary, EPA used the model’s entity analysis to ascertain the likelihood that the proposed changes would have a SISNOSE. EPA estimates that approximately 140 of the approximately 950,000 affected small businesses could incur costs in excess of 1% of annual sales and that fewer than 80 small businesses could incur costs in excess of 3% of annual sales. These levels are below the thresholds used in other Title VI rulemakings under which it can be presumed that an action will have no SISNOSE. Nevertheless, EPA consulted numerous stakeholders, including small businesses, in the development of this proposed rule. The full description of the cost analyses, including sensitivity analyses of key assumptions and alternate proposed options, is included in the technical support document Analysis of the Economic Impact and Benefits of Proposed Revisions to the National Recycling and Emission Reduction Program, which can be found in the docket for this action. EPA specifically requests comments on all aspects of that analysis. VI. Possible Future Changes to Subpart F In addition to the proposals outlined in this notice, EPA is also seeking input on other aspects of the National Recycling and Emission Reduction Program. EPA is not proposing these changes at this time, but specifically solicits comments on whether the ideas have merit and how the potential changes might be implemented in a future rulemaking. A. Appliance Maintenance and Leak Repair In meetings with stakeholders prior to the issuance of this proposed rule, EPA discussed the possibility of establishing a voluntary program for supermarkets based on their corporate-wide average leak rate (CWALR) instead of focusing on the leak rate of each individual appliance. The Agency and several stakeholders indicated that there could be value in regulating commercial refrigeration appliances at the corporate level instead of the individual appliance level. Currently, owners and operators of commercial refrigeration equipment must repair leaks on equipment with 50 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 pounds or more of refrigerant within 30 days if the leak rate is above 35%, and EPA is proposing in this notice to lower this leak rate to 20%. Under a program like this, EPA could relax the existing leak repair requirements for individual commercial refrigeration appliances if a supermarket chain was able to keep their CWALR below a certain level (for example, 15%) for a full calendar year. Supermarkets would still have to keep records of refrigerant additions and the full charge of each appliance, but they would not be required to follow the other requirements for commercial refrigeration facilities under the amended § 82.157. For example, if an appliance was leaking more than 20%, they would not have to repair it within 30 days so long as their CWALR was below 15% (or some other level) in the previous calendar year. However, they would have to report to EPA annually their total refrigerant additions, their corporate-wide full charge, and the facilities that are included in the full charge. EPA would use this information to determine if their corporate-wide leak rate was below the required level. If it was not, the supermarket chain would have to follow the requirements at § 82.157 for the next calendar year. Supermarkets would still have to comply with the leak repair requirements for comfort cooling appliances. A program like this could have advantages for both supermarkets and EPA. Supermarkets would have greater flexibility to determine how they would reduce leaks so long as they are achieving an established level of environmental performance. EPA would receive additional data that it could use to better characterize the industry’s emissions profile. Additionally, EPA could use the information to better target its enforcement action. This type of program also fits in well with the Agency’s Next Generation Compliance initiative as it incentivizes better environmental performance. While EPA finds this type of program appealing, there are several reasons this idea is not being proposed in this action. First, establishing the universe of stores within the corporate-wide boundary could be difficult if there are multiple chains held by one parent company. At what level should the boundary be drawn? Second, supermarket chains frequently buy and sell stores to other chains, which may be difficult to address when calculating annual leak rates. Would the newlypurchased stores automatically be included in the CWALR or would they be subject to the requirements for individual appliances? E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules Some stakeholders expressed interest in a program like this if the Agency would agree not to take any enforcement actions against them. However, the Agency would still want to ensure it could bring enforcement action if a supermarket chain was misreporting its CWALR. Some stakeholders also appreciated that the Agency was considering ways to reduce burden but felt the Agency should not relax recordkeeping requirements that may help a company reduce leaks. Others were disinterested in the program and did not see an incentive to join. EPA considered this feedback, and the possible benefits of the program, and has decided not to propose this option at this time. However, the Agency seeks comments on whether such an idea could be workable and whether it is worth exploring in a future proposed rule. EPA also seeks comments on other ways the Agency could incentivize compliance or performance that exceeds the regulatory requirements as well as ways to reduce burden for companies with low leak rates, while still ensuring compliance. srobinson on DSK5SPTVN1PROD with PROPOSALS3 B. Refrigerant Reclamation EPA has received suggestions for how the reclaimer program could be strengthened. Some of these suggestions include more stringent certification requirements for reclaimers and third party audits to ensure reclamation facilities are following the required practices. Some of these suggestions are in the docket to this rule. These suggestions, combined with the principles of Next Generation Compliance, have encouraged EPA to take comment on those two ideas. EPA is also considering ways to promote the use of reclaimed refrigerant so as to increase the financial incentive to recover and reclaim refrigerant. EPA requests comments on a way to distinguish reclaimed refrigerant from virgin refrigerant. This could potentially include establishing a labeling program for reclaimed material, much like other recycled products. 1. More Stringent Certification Requirements for Reclaimers EPA has received feedback that the requirements to become a certified reclaimer are not stringent enough. Some have suggested that the Agency require that reclaimers provide more information in their certification on how they will comply with other potentially applicable regulations such as those related to the transport and disposal of hazardous materials. Stakeholders have also suggested that EPA cite compliance with Occupational Health and Safety VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 Administration (OSHA) requirements. EPA seeks comment on whether it should develop more stringent certification requirements in a separate proposed rule, and what those requirements should look like. Some stakeholders have also suggested that EPA redefine the term reclaim to cover entities other than those historically seen as reclaimers, for example separation facilities. EPA seeks comment on whether the term reclaim should be amended in future to cover separation facilities. EPA also seeks comment on whether the agency should in future require reporting from separation facilities as part of the reclamation program or elsewhere in subpart F to better understand where refrigerant goes after it is recovered. EPA also seeks comment on whether there are other types of facilities that should be covered under a program like this. 2. Establishing a Third Party Certification or Audit Program for Reclaimers In developing this proposed rule, EPA considered establishing a third party certification program for reclaimers. In addition, one organization has recently urged EPA to require that a third party audit all reclaimers. The specific proposal is included in a letter from Intertek available in the docket. Under a program like this, EPA would certify independent auditors that would review reclaimers’ compliance with the section 608 requirements. To reduce costs, EPA could require that in-person site audits occur once every few years. A program like this could help ensure compliance with the section 608 reclamation requirements. While EPA is not proposing this action in today’s proposed rule, the Agency seeks comment on the establishment of a third party audit program for reclaimers in a future action. 3. Labeling of Reclaimed Refrigerant Refrigerant reclaimers and environmental organizations have encouraged EPA to further promote the reclamation of refrigerant. The Agency notes that existing regulations promote HCFC reclamation by requiring refrigerant be recovered rather than vented and that used refrigerant be reclaimed before being sold. Through today’s proposal, EPA would be extending that requirement to HFCs and other substitutes, further increasing the supply and types of refrigerants for reclamation. Having said that, the Agency is considering whether labeling could allow for broader recognition, use PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 69511 of, and demand for reclaimed refrigerant. EPA seeks comments on the value of proposing in a separate rulemaking a voluntary labeling program for reclaimed refrigerant. Under this program, EPA would certify third parties who would then verify that the refrigerant being sold was in fact reclaimed. The reclaimer would have to document receipt of used refrigerant, the amount of that refrigerant that was reclaimed (and not a waste product), and that each batch of reclaimed refrigerant was tested and meets AHRI– 700 standards. Alternatively, a program like this could be developed by industry. There are several situations where reclaimed refrigerant labeled as such could be valuable. First, given the existing restrictions at § 82.15(g) on the manufacture of new appliances using HCFC–22, owners of appliances that expand their system after January 1, 2010, would know that the refrigerant was reclaimed and could be used in compliance with HCFC phaseout requirements.14 Second, certified reclaimed refrigerant could be marketed to consumers seeking to purchase environmentally preferable products. This type of program could also be useful to Federal, state, or local governments that have directives to purchase recycled content materials by providing verification that the refrigerant they are purchasing is in fact reclaimed. EPA seeks comments on whether reclaimers, refrigerant wholesalers, or owners or operators of appliances would be interested in such a program. EPA also seeks comments on whether any organization would be interested in becoming a third party verifier for this program. The Agency also seeks comment on what criteria it could establish to ensure refrigerant was in fact reclaimed, and other potential approaches that the Agency could consider if it develops a program like this in future. C. Safe Disposal of Small Appliances, MVACs, and MVAC-Like Appliances After conversations with scrap recyclers, EPA considered ways it could improve the requirements for the disposal of small appliances, MVACs, and MVAC-like appliances. While EPA is not proposing any of these changes at this time, EPA is seeking comments on ways that it could ensure refrigerant is 14 For more information on how EPA treats supermarkets that have remodeled and expanded the capacity of their system, please see https:// epa.gov/ozone/title6/phaseout/Supermarket_Q&A_ for_R±22.html. E:\FR\FM\09NOP3.SGM 09NOP3 69512 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules recovered from appliances that enter the waste stream with their refrigerant circuit intact, while reducing burden on the final disposer, who is often relying on someone upstream to recover the refrigerant. EPA considered several options to move the recordkeeping requirements upstream, but EPA needs additional feedback before proposing these options. srobinson on DSK5SPTVN1PROD with PROPOSALS3 1. Move Responsibility of Ensuring Proper Recovery to the First Collector One idea EPA considered was moving the requirement to ensure refrigerant is recovered from the final disposer to the first collector of the appliance. The first collector could include the retailer that delivers a new refrigerator and takes away the old one. The first collector could also include municipal waste collection facilities or others that pick up used appliances from homes, offices, or curbside. Under such a program, the first collector would have to ensure the refrigerant was properly recovered and keep a record documenting that fact. EPA could also create a requirement where the first collector and the final disposer would have to keep a record. EPA seeks comment on whether this would be an appropriate change to make in future and whether this would improve compliance with the safe disposal requirements (§§ 82.155 and 82.156 as proposed in this notice). EPA also seeks comment on how it could ensure compliance with such a program. 2. Require a Certified Recovery Location for All Appliances EPA also considered whether to require the establishment of third-party certified appliance recovery centers. These recovery centers would have to be certified by EPA or a third party certifier and would have to document every appliance they receive, the amount of refrigerant recovered from each appliance or each shipment of appliances, and report to EPA on the amount of refrigerant recovered and where that recovered refrigerant was sent for either destruction or reclamation. EPA would also have to require that all small appliances, MVACs, and MVAC-like appliances bound for disposal or recycling would have to be sent to such a certified recovery center. Scrap recyclers, landfills, or other final disposal facilities would only be allowed to receive appliances from certified appliance recovery centers to work effectively. One advantage to such a program is that scrap recyclers and other final disposers would not have to verify that refrigerant was properly recovered from VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 appliances they receive. EPA would also have more information on how much refrigerant is being recovered from these appliances when they are disposed of. However, EPA has also considered the ongoing transition to lower-GWP alternatives like hydrocarbons, CO2, and HFO-1234yf in small appliances and MVACs. The benefit of requiring that appliances go through a certified recovery center may decline in the future, and could be potentially disruptive to the existing supply chain today. EPA weighed these factors and has decided not to propose a program like this in today’s notice, but is requesting comment on such a program. EPA is particularly interested in whether this type of program would reduce emissions of refrigerants, be easy or difficult to establish and transition to, be difficult to set up in rural areas, and if any organizations would be interested in either becoming a certified appliance refrigerant recovery center or certifying appliance refrigerant recovery centers. D. Technician Certification 1. Recertification EPA considered whether to require currently certified technicians to recertify based on the changes proposed in this rule. EPA states at § 82.161(c)(2) that the Administrator reserves the right to specify the need for technician recertification at some future date, if necessary, by placing a notice in the Federal Register. At this time, EPA is not proposing that technicians currently certified to work with ODS refrigerants be recertified to work with substitute refrigerants. In pre-proposal discussions with stakeholders, EPA found both support and opposition to requiring recertification. One argument expressed in favor of recertification is that many changes have occurred in the twentytwo years since the first technicians took the certification exam. For example, many new refrigerants have entered the market, including flammable refrigerants, and airconditioning and refrigeration equipment has changed. While more substitutes have been introduced, the techniques for properly handling fluorocarbon substitute refrigerants is very similar to that for ODS refrigerants. As many stakeholders noted at the November 12, 2014, stakeholder meeting, technicians currently handle all refrigerants in a similar manner, regardless of whether they are an ODS or a substitute. EPA’s SNAP program has only recently listed a number of flammable refrigerants as acceptable, subject to use conditions, PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 and only in narrow product categories. The benefits of any recertification requirement would probably be small, and would likely be outweighed by the costs of requiring every technician to recertify. EPA requests comments on this approach for currently certified technicians. EPA also seeks comments on the possibility of developing a onetime online recertification that could be more limited in scope than the existing certification test if the Agency did decide to require recertification in future. 2. Flammable Refrigerants While EPA has not ruled out the possibility of establishing requirements under 40 CFR part 82, subpart F for flammable exempt substitute refrigerants, EPA has not proposed in this rulemaking to extend any of the requirements under section 608, including the technician certification program and the sales restriction, to refrigerants that are exempt from the statutory venting prohibition (CO2, hydrocarbons in certain SNAP-approved applications, ammonia, etc.). Some in the industry have told EPA that the Agency should require training and certification of HVACR contractors that work with flammable refrigerants. The primary concern is the safety of the technicians working on appliances, the owners and operators of those appliances, and anyone recovering or reclaiming refrigerant from those appliances that may not be labeled properly or mixed with flammable refrigerants. EPA appreciates the concerns raised by stakeholders about flammable refrigerants and is planning to add questions on this topic to the technician certification test bank when the Agency updates those questions. These questions would cover proper handling practices to prevent mixing with ODS and substitute refrigerants, as well as safety. EPA has also proposed to broaden the definition of substitute so that it covers all refrigerants used by any person as replacements for a class I or II ozone-depleting substance whether or not SNAP-approved. This is to ensure that substitutes found to be unacceptable in a given refrigerant enduse under SNAP will still be covered by the safe handling requirements of subpart F. EPA is not proposing, however, to extend the sales restriction in today’s proposal to hydrocarbon refrigerants for sale in the approved end-uses under SNAP. EPA is also not revisiting in this proposed rule the determination that venting, releasing, or disposing of hydrocarbon refrigerants in the limited E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules end-uses for which is it allowed, does not pose a threat to the environment. EPA also seeks comments on whether the Agency should establish through a future rulemaking a technician certification requirement for flammable refrigerants, or extend the sales restriction (as a way to enforce the certification requirement) or other 608 requirements to flammable refrigerants that are exempt from the venting prohibition. Commenters should provide as much detail as possible, including the requirements that the Agency should establish, and what the environmental benefits might be. VII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is a significant regulatory action that was submitted to OMB for review. This action was deemed to raise novel legal or policy issues. Any changes made in response to OMB recommendations have been documented in the docket. EPA prepared an economic analysis of the potential costs and benefits associated with this action. This analysis is summarized in Section V of the preamble and is available in the docket. srobinson on DSK5SPTVN1PROD with PROPOSALS3 B. Paperwork Reduction Act The information collection activities in this proposed rule have been submitted for approval to OMB under the PRA. The Information Collection Request (ICR) document that EPA prepared has been assigned EPA ICR number 1626.13. You can find a copy of the ICR in the docket for this rule. All recordkeeping and reporting requirements under this program are specifically described in Section IV.L. of this preamble. In order to facilitate compliance with and enforce the requirements of section 608 of the CAA, EPA requires reporting and recordkeeping requirements of technicians, technician certification programs, refrigerant recovery/recycling equipment testing organizations, refrigerant wholesalers and purchasers, refrigerant reclaimers, refrigeration and air-conditioning equipment owners, and other establishments that perform refrigerant removal, service, or disposal. EPA has used and will continue to use these records and reports to ensure that refrigerant releases are minimized during the recovery, recycling, and reclamation processes. The handling and confidentiality of the reporting requirements follow EPA’s VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 confidentiality regulations at 40 CFR 2.201 et seq. for assuring computer data security, preventing disclosure, proper storage, and proper disposal. Respondents/affected entities: Entities required to comply with reporting and recordkeeping requirements include technicians; technician certification programs; refrigerant wholesalers; refrigerant reclaimers; refrigeration and air-conditioning equipment owners and/ or operators; and other establishments that perform refrigerant removal, service, or disposal. Respondent's obligation to respond: Mandatory (40 CFR part 82, subpart F). Estimated number of respondents: The total number of respondents is estimated to be approximately 1,050,390. Frequency of response: The frequency of responses vary from once a year to daily. Public reporting burden for this collection of information is estimated to vary from one minute to 9.5 hours per response, including time for reviewing instructions and gathering, maintaining, and submitting information. Total estimated burden: The total estimated burden is 797,314 hours (per year). Burden is defined at 5 CFR 1320.3(b). Total estimated cost: The total estimated cost is $35,931,685 (per year). There are no estimated annualized capital or operation & maintenance costs associated with the reporting or recordkeeping requirements. Most of this burden is already covered by the existing requirements in 40 CFR part 82, subpart F, and the existing ICR, which was last approved by OMB in December 2014. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in 40 CFR are listed in 40 CFR part 9. The OMB control number for this information collection is 2060–0256. Submit your comments on the Agency’s need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to Docket ID No. EPA–HQ–OAR–2015– 0453. You may also send your ICRrelated comments to OMB’s Office of Information and Regulatory Affairs via email to oria_submissions@ omb.eop.gov, Attention: Desk Officer for EPA. Since OMB is required to make a decision concerning the ICR between 30 and 60 days after receipt, OMB must receive comments no later than December 9, 2015. EPA will respond to PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 69513 any ICR-related comments in the final rule. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. The small entities subject to the requirements of this action are businesses and small governmental jurisdictions that own or service comfort cooling, commercial refrigeration, or IPR equipment. EPA estimates that approximately 140 of the approximately 950,000 affected small businesses could incur costs in excess of 1% of annual sales and that fewer than 80 small businesses could incur costs in excess of 3% of annual sales. These levels are below the thresholds under which it can be presumed that an action will have no SISNOSE, as used in other Title VI rulemakings. Details of this analysis are presented in the Analysis of the Economic Impact and Benefits of Proposed Revisions to the National Recycling and Emission Reduction Program available in the docket to this rule. D. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. This rule supplements the statutory selfeffectuating prohibition against venting refrigerants by ensuring that certain service practices are conducted that reduce the emissions of ozone-depleting refrigerants and their substitutes. This rule also proposes to strengthen the leak repair requirements, establish recordkeeping requirements for the disposal of appliances containing five to 50 pounds of refrigerant, and modify the technician certification program. E. Executive Order 13132: Federalism 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. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This rule does not significantly or uniquely affect the communities of Indian tribal governments. This rule supplements the E:\FR\FM\09NOP3.SGM 09NOP3 69514 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules statutory self-effectuating prohibition against venting refrigerants by ensuring that certain service practices are conducted that reduce the emissions of ozone-depleting refrigerants and their substitutes. This rule also proposes to strengthen the leak repair requirements, establish recordkeeping requirements for the disposal of appliances containing five to 50 pounds of refrigerant, and modify the technician certification program. Thus, Executive Order 13175 does not apply to this action. srobinson on DSK5SPTVN1PROD with PROPOSALS3 G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it is not economically significant as defined in Executive Order 12866. The agency nonetheless has reason to believe that the environmental health or safety risk addressed by this action may have a disproportionate effect on children. Depletion of stratospheric ozone results in greater transmission of the sun’s ultraviolet (UV) radiation to the earth’s surface. The following studies describe the effects of excessive exposure to UV radiation on children: (1) Westerdahl J, Olsson H, Ingvar C. ‘‘At what age do sunburn episodes play a crucial role for the development of malignant melanoma,’’ Eur J Cancer 1994: 30A: 1647–54; (2) Elwood JM Japson J. ‘‘Melanoma and sun exposure: an overview of published studies,’’ Int J Cancer 1997; 73:198–203; (3) Armstrong BK, ‘‘Melanoma: childhood or lifelong sun exposure,’’ In: Grobb JJ, Stern RS Mackie RM, Weinstock WA, eds. ‘‘Epidemiology, causes and prevention of skin diseases,’’ 1st ed. London, England: Blackwell Science, 1997: 63–6; (4) Whiteman D., Green A. ‘‘Melanoma and Sunburn,’’ Cancer Causes Control, 1994: 5:564–72; (5) Heenan, PJ. ‘‘Does intermittent sun exposure cause basal cell carcinoma? A case control study in Western Australia,’’ Int J Cancer 1995; 60: 489–94; (6) Gallagher, RP, Hill, GB, Bajdik, CD, et al. ‘‘Sunlight exposure, pigmentary factors, and risk of nonmelanocytic skin cancer I, Basal cell carcinoma,’’ Arch Dermatol 1995; 131: 157–63; (7) Armstrong, DK. ‘‘How sun exposure causes skin cancer: an epidemiological perspective,’’ Prevention of Skin Cancer. 2004. 89– 116. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not a ‘‘significant energy action’’ because it is not likely to VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 have a significant adverse effect on the supply, distribution or use of energy. I. National Technology Transfer and Advancement Act and 1 CFR Part 51 This action involves technical standards. In some instances, EPA is proposing to adopt a modified version of an industry standard for purposes of this rule; in others, EPA is proposing to incorporate an industry standard by reference exactly as written. First, EPA is proposing that all new recovery and/ or recycling equipment used during the maintenance, service, repair, or disposal of appliances manufactured or imported after the effective date of this rule be required to meet the standard based on AHRI Standard 740–2015, Performance Rating of Refrigerant Recovery Equipment and Recovery/Recycling Equipment. This standard establishes methods of testing for rating and evaluating the performance of refrigerant recovery equipment and recovery/recycling equipment. The standard is available at www.ahrinet.org or by mail at Air-Conditioning, Heating, and Refrigeration Institute (AHRI), 2111 Wilson Blvd., Suite 500, Arlington, VA 22201. EPA’s lead proposal is to include this AHRI Standard with minor modifications in appendix B3. EPA is also proposing to establish in appendix B4 a modified version of the appendix B3 standard that could be used to certify recovery/recycling equipment used to recover/recycle flammable refrigerants. As proposed, the standard in appendix B4 would base the recovery/recycling performance on AHRI 740–2015 and the safety performance standards in UL 1963, Supplement SB, Requirements for Refrigerant Recovery/Recycling Equipment Intended for Use with a Flammable Refrigerant. UL 1963, Supplement SB establishes standards for refrigerant recovery and refrigerant recovery/recycling equipment to ensure the equipment can be used safely with flammable refrigerants. The standard is available at https://www.comm-2000.com or by writing to Comm 2000, 151 Eastern Avenue, Bensenville, IL 60106. In addition, EPA is proposing to incorporate by reference many of the standards referenced in appendix B3 and B4, including: —ASHRAE Terminology, American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Inc. This Web site provides a glossary of technical terms used by ASHRAE and is available at https://www.ashrae.org/ resourcesÐpublications/freeresources/ashrae-terminology. —UL Standard 1963, Refrigerant Recovery/Recycling Equipment, First PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 Edition, 2011, American National Standards Institute/Underwriters Laboratories, Inc. This standard establishes safety requirements for and methods to evaluate refrigerant recovery and refrigerant recovery/ recycling equipment. The standard is available at https://www.comm2000.com or by writing to Comm 2000, 151 Eastern Avenue, Bensenville, IL 60106. —AHRI Standard 110–2012, AirConditioning, Heating and Refrigerating Equipment Nameplate Voltages, 2012, Air-Conditioning, Heating, and Refrigeration Institute. This standard establishes voltage rating requirements, equipment performance requirements, and conformance conditions for airconditioning, heating, and refrigerating equipment. The standard is available at www.ahrinet.org or by mail at Air-Conditioning, Heating, and Refrigeration Institute (AHRI), 2111 Wilson Boulevard, Suite 500, Arlington, VA 22201. —International Standard IEC 60038, IEC Standard Voltages, 2009, International Electrotechnical Commission. This standard specifies standard voltage values which are intended to serve as preferential values for the nominal voltage of electrical supply systems, and as reference values for equipment and system design. The standard is available at www.techstreet.com or by writing to Techstreet, 6300 Interfirst Drive, Ann Arbor, MI 48108. EPA seeks comments on the use of these standards, especially whether to incorporate the UL standard by reference into appendix B4 alongside the appendix B3 requirements or whether to establish a standard in appendix B4 that is based on that standard. Second, reclaimers are required to reprocess refrigerant to standards based on ARI Standard 700–1995, Specification for Fluorocarbons and Other Refrigerants. AHRI Standard 700 establishes purity specifications for refrigerants, and to specify the associated methods of testing for acceptability of refrigerants. EPA is proposing to update appendix A to include HFCs, PFCs, HFOs, and other refrigerants based on the standards contained in AHRI Standard 700–2015, Specifications for Refrigerants, but not incorporate the full standard by reference because EPA intends to keep the older unsaturates limit. The standard is available at www.ahrinet.org or by mail at Air-Conditioning, Heating, E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules and Refrigeration Institute (AHRI), 2111 Wilson Boulevard, Suite 500, Arlington, VA 22201. EPA is proposing to incorporate by reference the additional standards referenced in AHRI 700–2015. Specifically, EPA is proposing to incorporate by reference the following standards: —Appendix C to AHRI Standard 700– 2015: Analytical Procedures for AHRI Standard 700–2015, Normative, Specification for Fluorocarbon Refrigerants. This document establishes definitive test procedures for determining the quality of new, reclaimed and/or repackaged refrigerants in support of the standards established in AHRI–700, and is available at www.ahrinet.org or by mail at Air-Conditioning, Heating, and Refrigeration Institute (AHRI), 2111 Wilson Boulevard, Suite 500, Arlington, VA 22201. —Appendix D Gas Chromatograms for AHRI Standard 700–2015— Informative, Specification for Fluorocarbon Refrigerants, 2012, AirConditioning, Heating, and Refrigeration Institute. This appendix provides figures for the gas chromatograms used with Appendix C to AHRI Standard 700–2015: Analytical Procedures for AHRI Standard 700–2015, Normative, Specification for Fluorocarbon Refrigerants. The appendix is available at www.ahrinet.org or by mail at Air-Conditioning, Heating, and Refrigeration Institute (AHRI), 2111 Wilson Boulevard, Suite 500, Arlington, VA 22201. —Federal Specification for ‘‘Fluorocarbon Refrigerants,’’ BB–F– 1421 B, dated March 5, 1982, section 4.4.3. This section of this standard establishes a method to determine the boiling point and boiling point range of a refrigerant. The standard is available in the docket for this rulemaking. —GPA STD–2177, Analysis of Natural Gas Liquid Mixtures Containing Nitrogen and Carbon Dioxide by Gas Chromatography, 2013, Gas Processors Association. This standard establishes methods for analyzing demethanized liquid hydrocarbon streams containing nitrogen/air and carbon dioxide, and purity products such as ethane/propane mix that fall within compositional ranges indicated in the standard. The standard is available at www.techstreet.com or by writing to Techstreet, 6300 Interfirst Drive, Ann Arbor, MI 48108. —ASTM Standard D1296–01–2012, Standard Test Method for Odor of VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 Volatile Solvents and Diluents, 2012, ASTM International. This test method covers a comparative procedure for observing the characteristic and residual odors of volatile organic solvents and diluents to determine their odor acceptability in a solvent system. The standard is available at www.astm.org or by writing to ASTM, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428–2959. EPA seeks comments on whether to incorporate the updated standards by reference or whether appendix A should be updated based on AHRI 700–2015 to include HFCs, PFCs, HFOs, and other refrigerants. Third, EPA is proposing to create in appendix E a standard for self-sealing valves that is based largely on CARB’s Test Procedure for Leaks from Small Containers of Automotive Refrigerant, TP–503, as amended January 5, 2010. The standard establishes methods for assessing the leak rate from small containers of refrigerant. A copy of this standard is available in the docket and www.arb.ca.gov/regact/2009/hfc09/ hfc09.htm. EPA requests comment on the use of this CARB standard for selfsealing valves. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations EPA believes this action will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations, because it affects the level of environmental protection equally for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population. This rule would amend the leak repair requirements for appliances using ozone-depleting substances, which would protect human health and the environment from increased amounts of UV radiation and increased incidence of skin cancer. The effects of exposure to UV radiation and the estimated reduction in emissions of ozonedepleting substances from this proposed rule is contained in section II.D.1 of this preamble. List of Subjects in 40 CFR Part 82 Environmental protection, Air pollution control, Chemicals, Incorporation by reference, Reporting and recordkeeping requirements. PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 69515 Dated: October 15, 2015. Gina McCarthy, Administrator. For the reasons set forth in the preamble, EPA proposes to amend 40 CFR part 82 as follows: PART 82—PROTECTION OF STRATOSPHERIC OZONE 1. The authority citation for part 82 continues to read as follows: ■ Authority: 42 U.S.C. 7414, 7601, 7671– 7671q. ■ 2. Revise § 82.150 to read as follows: § 82.150 Purpose and scope. (a) The purpose of this subpart is 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 maintenance, service, repair, and disposal of appliances and restricting the sale of refrigerants consisting in whole or in part of a class I or class II ozonedepleting substance or their substitutes in accordance with Title VI of the Clean Air Act. (b) This subpart applies to any person maintaining, servicing, 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 and operators, manufacturers of appliances, manufacturers of recovery and/or recycling equipment, approved recovery and/or recycling equipment testing organizations, and persons buying, selling, or offering to sell class I, class II, or substitute refrigerants. ■ 3. Amend § 82.152: ■ a. by adding definitions for ‘‘Class I,’’ ‘‘Class II,’’ ‘‘Comfort cooling,’’ ‘‘Component,’’ ‘‘Leak inspection,’’ ‘‘Mothball,’’ ‘‘Normal operating characteristics and conditions,’’ ‘‘Reclaim,’’ ‘‘Recover,’’ ‘‘Recycle,’’ ‘‘Retire,’’ ‘‘Retrofit,’’ ‘‘Seasonal variance,’’ ‘‘Self-sealing valve,’’ and ‘‘System receiver.’’ ■ b. by revising the definitions for ‘‘Appliance,’’ ‘‘Apprentice,’’ ‘‘Commercial refrigeration,’’ ‘‘Custombuilt,’’ ‘‘Disposal,’’ ‘‘Follow-up verification test,’’ ‘‘Full charge,’’ ‘‘Highpressure appliance,’’ ‘‘Industrial process refrigeration,’’ ‘‘Industrial process shutdown,’’ ‘‘Initial verification test,’’ ‘‘Leak rate,’’ ‘‘Low-loss fitting,’’ ‘‘Lowpressure appliance,’’ ‘‘Medium-pressure appliance,’’ ‘‘MVAC-like appliance,’’ ‘‘One-time expansion device,’’ E:\FR\FM\09NOP3.SGM 09NOP3 69516 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules ‘‘Opening an appliance,’’ ‘‘Recovery efficiency,’’ ‘‘Refrigerant,’’ ‘‘Selfcontained recovery equipment,’’ ‘‘Small appliance,’’ ‘‘Substitute,’’ ‘‘Technician,’’ and ‘‘Very high-pressure appliance.’’ ■ c. by removing the definitions for ‘‘Critical Component,’’ ‘‘Normal operating characteristics or conditions,’’ ‘‘Normally containing a quantity of refrigerant,’’ ‘‘Reclaim refrigerant,’’ ‘‘Recover refrigerant,’’ ‘‘Recycle refrigerant,’’ ‘‘Suitable replacement refrigerant,’’ ‘‘System mothballing,’’ and ‘‘Voluntary certification program.’’ The revisions and additions to read as follows: srobinson on DSK5SPTVN1PROD with PROPOSALS3 § 82.152 Definitions. As used in this subpart, the term: Appliance means any device which contains and uses a class I or class II substance or substitute as a refrigerant and which is used for household or commercial purposes, including any air conditioner, motor vehicle air conditioner, refrigerator, chiller, or freezer. Apprentice means any person who is currently registered as an apprentice in maintenance, service, repair, or disposal of appliances with the U.S. Department of Labor’s Office of Apprenticeship (or a State Apprenticeship Council recognized by the Office of Apprenticeship). A person may only be an apprentice for two years from the date of first registering with that office. * * * * * Class I refers to an ozone-depleting substance that is listed in 40 CFR part 82 subpart A, appendix A. Class II refers to an ozone-depleting substance that is listed in 40 CFR part 82 subpart A, appendix B. Comfort cooling means the airconditioning appliances used to provide cooling in order to control heat and/or humidity in facilities including but not limited to office buildings and commercial buildings. Comfort cooling appliances include building chillers and roof-top self-contained units. They may be used for the comfort of occupants or for climate control to protect equipment within a facility, including but not limited to computer rooms. Commercial refrigeration means the refrigeration appliances used in the retail food and cold storage warehouse sectors. Retail food includes the refrigeration equipment found in supermarkets, convenience stores, restaurants and other food service establishments. Cold storage includes the refrigeration equipment used to store meat, produce, dairy products, and other perishable goods. Component means a part of the refrigerant loop within an appliance VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 including, but not limited to, compressors, condensers, evaporators, receivers, and all of its connections and subassemblies. Custom-built means that the equipment or any of its components cannot be purchased and/or installed without being uniquely designed, fabricated and/or assembled to satisfy a specific set of industrial process conditions. Disposal means the process leading to and including: (1) The discharge, deposit, dumping or placing of any discarded appliance into or on any land or water; (2) The disassembly of any appliance for discharge, deposit, dumping or placing of its discarded component parts into or on any land or water; (3) The destruction of any appliance such that the refrigerant would be released into the environment if it had not been recovered prior to the destructive activity, or (4) The disassembly of any appliance for reuse or recycling of its component parts. Follow-up verification test means those tests that involve checking the repairs to an appliance after a successful initial verification test and after the appliance has returned to normal operating characteristics and conditions to verify that the repairs were successful. 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. Full charge means 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 of the equipment manufacturer’s determination of the full charge; (2) Use of appropriate calculations based on component sizes, density of refrigerant, volume of piping, and other relevant considerations; (3) Use of actual measurements of the amount of refrigerant added to or evacuated from the appliance, including for seasonal variances; and/or (4) Use of 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. High-pressure appliance means an appliance that uses a refrigerant with a liquid phase saturation pressure between 170 psia and 355 psia at 104 °F. PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 Examples include but are not limited to appliances using R–22, R–407A, R– 407C, R–410A, and R–502. Industrial process refrigeration means complex customized appliances that are directly linked to the processes used in, for example, the chemical, pharmaceutical, petrochemical, and manufacturing industries. 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. Industrial process shutdown means when an industrial process or facility temporarily ceases to operate or manufacture whatever is being produced at that facility. Initial verification test means those leak tests that are conducted as soon as practicable after the repair is finished to verify that a leak or leaks have been repaired before refrigerant is added back to the appliance. Leak inspection means the examination of all visible components of an appliance using a calibrated leak detection device, a bubble test, or visual inspection for oil residue in order to determine the presence and location of refrigerant leaks. Leak rate means the rate at which an appliance is losing refrigerant, measured between refrigerant charges. The leak rate is expressed in terms of the percentage of the appliance’s full charge that would be lost over a 12-month period if the current rate of loss were to continue over that period. The rate is calculated using only one of the following methods for all appliances subject to the leak repair requirements located at an operating facility. (1) Annualizing Method. Step 1. Take the number of pounds of refrigerant added to the appliance to return it to a full charge, whether in one addition or if multiple additions related to same leak, and divide it by the number of pounds of refrigerant the appliance normally contains at full charge; Step 2. Take the shorter of the number of days that have passed since the last day refrigerant was added or 365 days and divide that number by 365 days; Step 3. Take the number calculated in Step 1 and divide it by the number calculated in Step 2; and Step 4. Multiply the number calculated in Step 3 by 100 to calculate a percentage. This method is summarized in the following formula: E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 69517 showing all leaks in the appliance were repaired, if that period is less than one year); Step 2. Divide the result of Step 1 by the pounds of refrigerant the appliance normally contains at full charge; and Step 3. Multiply the result of Step 2 by 100 to obtain a percentage. This method is summarized in the following formula: Low-loss fitting means any device that is intended to establish a connection between hoses, appliances, or recovery and/or recycling machines and that is designed to close automatically or to be closed manually when disconnected, minimizing the release of refrigerant from hoses, appliances, and recovery and/or recycling machines. Low-pressure appliance means an appliance that uses a refrigerant with a liquid phase saturation pressure below 45 psia at 104 °F. Examples include but are not limited to appliances using R– 11, R–123, R–113, and R–245fa. * * * * * Medium-pressure appliance means an appliance that uses a refrigerant with a liquid phase saturation pressure between 45 psia and 170 psia at 104 °F. Examples include but are not limited to appliances using R–114, R–124, R–12, R–134a, and R–500. Mothball means to evacuate refrigerant from an appliance, or the affected isolated section or component of an appliance, to at least atmospheric pressure, and to temporarily shut down that appliance. * * * * * MVAC-like appliance means a mechanical vapor compression, opendrive compressor appliance with a full charge of 20 pounds or less of refrigerant used to cool the driver’s or passenger’s compartment of an off-road motor vehicle. This includes, but is not limited to, the air-conditioning equipment found on agricultural or construction vehicles. This definition is not intended to cover appliances using R–22 refrigerant. Normal operating characteristics and conditions means appliance operating temperatures, pressures, fluid flows, speeds, and other characteristics, including full charge of the appliance, that would be expected for a given process load and ambient condition during normal operation. Normal operating characteristics and conditions are marked by the absence of atypical conditions affecting the operation of the appliance. One-time expansion device means an appliance that relies on the release of its refrigerant charge to the environment in order to provide a cooling effect. These are typically single releases but could also include products that are designed to release refrigerant to the environment through multiple individual charges. Opening an appliance means any maintenance, service, repair, or disposal of an appliance that would release any refrigerant in the appliance to the atmosphere. Connecting and disconnecting hoses and gauges to measure pressures, add refrigerant, or recover refrigerant from the appliance are not considered ‘‘opening an appliance.’’ * * * * * Reclaim means to reprocess recovered refrigerant to all of the specifications in appendix A of this subpart (based on AHRI Standard 700–2015, Specifications for Refrigerants) that are applicable to that refrigerant and to verify that the refrigerant meets these specifications using the analytical methodology prescribed in section 5 of appendix A of this subpart. Recover means to remove refrigerant in any condition from an appliance and to store it in an external container without necessarily testing or processing it in any way. Recovery efficiency means the percentage of refrigerant in an appliance that is recovered by a piece of recovery and/or recycling equipment. Recycle, when referring to refrigerant, means to extract refrigerant from an appliance and clean it for reuse in equipment of the same owner without meeting all of the requirements for reclamation. In general, recycled refrigerant is cleaned using oil separation and single or multiple passes through devices, such as replaceable core filter-driers, which reduce moisture, acidity, and particulate matter. Refrigerant means, for purposes of this subpart, any substance, including blends and mixtures, consisting in part or whole of a class I or class II ozonedepleting substance or substitute that is used for heat transfer purposes and provides a cooling effect. Refrigerant circuit means the parts of an appliance that are normally connected to each other (or are separated only by internal valves) and are designed to contain refrigerant. Retire, when referring to an appliance, means the disassembly of the entire appliance including its major components, such that the appliance as a whole cannot be used by any person in the future. Retrofit means to convert an appliance from one refrigerant to another refrigerant. Retrofitting includes the conversion of the appliance to achieve system compatibility with the new refrigerant and may include, but is not limited to, changes in lubricants, gaskets, filters, driers, valves, o-rings or appliance components. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 E:\FR\FM\09NOP3.SGM 09NOP3 EP09NO15.300</GPH> EP09NO15.301</GPH> srobinson on DSK5SPTVN1PROD with PROPOSALS3 (2) Rolling Average Method. Step 1. Take the sum of the pounds of refrigerant added to the appliance over the previous 365-day period (or over the period that has passed since the last successful follow-up verification test srobinson on DSK5SPTVN1PROD with PROPOSALS3 69518 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules Seasonal variance means the addition of refrigerant to an appliance due to a change in ambient conditions caused by a change in season, followed by the subsequent removal of an equal amount of refrigerant in the corresponding change in season, where both the addition and removal of refrigerant occurs within one consecutive 12month period. Self-contained recovery equipment means refrigerant recovery and/or recycling equipment that is capable of removing the refrigerant from an appliance without the assistance of components contained in the appliance. Self-sealing valve means a valve affixed to a container of refrigerant that automatically seals when not dispensing refrigerant and meets or exceeds established performance criteria as identified in § 82.154(c)(2). Small appliance means any appliance that is fully manufactured, charged, and hermetically sealed in a factory with five (5) pounds or less of refrigerant, including, but not limited to, refrigerators and freezers (designed for home, commercial, or consumer use), medical or industrial research refrigeration equipment, room air conditioners (including window air conditioners, portable air conditioners, and packaged terminal air heat pumps), dehumidifiers, under-the-counter ice makers, vending machines, and drinking water coolers. Substitute means any chemical or product, whether existing or new, that is used as a refrigerant to replace a class I or II ozone-depleting substance. System-dependent recovery equipment means refrigerant recovery equipment that requires the assistance of components contained in an appliance to remove the refrigerant from the appliance. System receiver means the isolated portion of the appliance, or a specific vessel within the appliance, that is used to hold the refrigerant charge during the servicing or repair of that appliance. Technician means any person who in the course of maintenance, service, or repair of an appliance could be reasonably expected to violate the integrity of the refrigerant circuit and therefore release refrigerants into the environment. Technician also means any person who disposes of an appliance that could be reasonably expected to violate the integrity of the refrigerant circuit and therefore release refrigerants from the appliance into the environment, except for persons who only dispose of appliances that are small appliances, MVACs, and MVAClike appliances. Activities reasonably expected to violate the integrity of the VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 refrigerant circuit include but are not limited to: Attaching and detaching hoses and gauges to and from the appliance; adding or removing refrigerant; adding or removing components; and cutting the refrigerant line. Activities such as painting the appliance, rewiring an external electrical circuit, replacing insulation on a length of pipe, or tightening nuts and bolts are not reasonably expected to violate the integrity of the refrigerant circuit. Activities conducted on appliances that have been properly evacuated pursuant to § 82.156 are not reasonably expected to release refrigerants unless the activity includes adding refrigerant to the appliance. Technicians could include but are not limited to installers, contractor employees, in-house service personnel, and in some cases owners and/or operators of appliances. Very high-pressure appliance means an appliance that uses a refrigerant with a critical temperature below 104 °F or with a liquid phase saturation pressure above 355 psia at 104 °F. Examples include but are not limited to appliances using R–13, R–23, R–503, R–508A, and R–508B. ■ 4. Revise § 82.154 to read as follows: § 82.154 Prohibitions. (a) Venting Prohibition. (1) No person maintaining, servicing, repairing, or disposing of an appliance or industrial process refrigeration may knowingly vent or otherwise release into the environment any refrigerant from such appliances. Notwithstanding any other provision of this subpart, the following substitutes in the following end-uses are exempt from this prohibition and from the requirements of this subpart: (i) Carbon dioxide in any application; (ii) Nitrogen in any application; (iii) Water in any application; (iv) Ammonia in commercial or industrial process refrigeration or in absorption units; (v) Chlorine in industrial process refrigeration (processing of chlorine and chlorine compounds); (vi) Hydrocarbons in industrial process refrigeration (processing of hydrocarbons); (vii) Ethane (R–170) in very low temperature refrigeration equipment and equipment for non-mechanical heat transfer; (viii) Propane (R–290) in retail food refrigerators and freezers (stand-alone units only); household refrigerators, freezers, and combination refrigerators and freezers; self-contained room air conditioners for residential and light commercial air-conditioning; heat pumps; and vending machines; PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 (ix) Isobutane (R–600a) in retail food refrigerators and freezers (stand-alone units only) and vending machines; (x) R–441A in retail food refrigerators and freezers (stand-alone units only); self-contained room air conditioners for residential and light commercial airconditioning; heat pumps; and vending machines. (2) De minimis releases associated with good faith attempts to recycle or recover refrigerants are not subject to this prohibition. Refrigerant releases are de minimis only if they occur when: (i) The required practices in § 82.155, § 82.156, and § 82.157 are observed, recovery and/or recycling machines that meet the requirements in § 82.158 are used whenever refrigerant is removed from an appliance, the technician certification provisions in § 82.161 are observed, and the reclamation requirements in § 82.164 are observed; or (ii) The requirements in subpart B of this part are observed. (3) The knowing release of a refrigerant after its recovery from an appliance is a violation of the venting prohibition. (b) No person may maintain, service, repair, or dispose of an appliance without: (1) Observing the required practices in § 82.155, § 82.156, and § 82.157; and (2) Using recovery and/or recycling equipment that is certified for that type of refrigerant and appliance under § 82.158. (c) Sales Restriction. (1) No person may sell or distribute, or offer for sale or distribution, any substance that consists in whole or in part of a class I or class II substance or substitute for use as a refrigerant unless: (i) The buyer has been certified as a Type I, Type II, Type III, or Universal technician under § 82.161; (ii) The buyer employs at least one technician who is certified as a Type I, Type II, Type III, or Universal technician under § 82.161 and provides proof of such to the seller; (iii) The buyer has been certified in accordance with 40 CFR part 82, subpart B and the refrigerant is acceptable for use in MVACs under 40 CFR part 82, subpart G; (iv) The buyer employs at least one technician who is certified under 40 CFR part 82, subpart B, and provides proof of such to the seller and the refrigerant is acceptable for use in MVACs under 40 CFR part 82, subpart G. Nothing in this provision relieves persons of the requirements of § 82.34(b) or § 82.42(b); (v) The refrigerant is sold only for eventual resale to certified technicians E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules or to appliance manufacturers (e.g., sold by a manufacturer to a wholesaler, sold by a technician to a reclaimer); (vi) The refrigerant is sold to an appliance manufacturer; (vii) The refrigerant is contained in an appliance with a fully assembled refrigerant circuit or an appliance component; (viii) The refrigerant is charged into an appliance by a certified technician or an apprentice during maintenance, service, or repair of the appliance; (ix) The refrigerant is exempted under paragraph (a)(1) of this section; or (x) The substitute refrigerant is intended for use in an MVAC and is sold in a container designed to hold two pounds or less of refrigerant, has a unique fitting, and has a self-sealing valve. (2) Self-sealing valve specifications. This provision will apply starting [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER] for all containers holding two pounds or less of substitute refrigerant for use in an MVAC that are manufactured and placed into initial inventory or imported on or after that date. All containers holding two pounds or less of substitute refrigerant for use in an MVAC that are manufactured and placed into initial inventory or imported prior to that date must be sold prior to [TWO YEARS FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER]. (i) Each container holding two pounds or less of substitute refrigerant for use in an MVAC must be equipped with a single self-sealing valve that automatically closes and seals when not dispensing refrigerant. (ii) The leakage rate from each container must not exceed 3.00 grams per year when the self-sealing valve is closed. This leakage rate applies to new, full containers as well as containers that may be partially full. (iii) The leakage rate must be determined using the standards described in appendix E. (iv) All testing to demonstrate compliance with this paragraph must be conducted by an independent test laboratory in the United States. For purposes of this requirement, an independent test laboratory is one that is not owned, operated, or affiliated with the applicant certifying equipment and/or products. (3) Recordkeeping. (i) Persons who sell or distribute, or offer to sell or distribute, refrigerant must keep invoices that indicate the name of the purchaser, the date of sale, and the quantity of refrigerant purchased unless they are selling exempt substitutes or VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 small cans of MVAC refrigerant in accordance with paragraph (c)(1)(ix) and (x) of this section. In instances where the buyer employs a certified technician, the seller must keep the documentation provided by the buyer that he or she employs at least one technician that is properly certified. All records must be kept for three years. (ii) Electronic or paper copies of all records described in appendix E must be maintained by manufacturers of containers holding two pounds or less of substitute refrigerant for use in an MVAC to verify self-sealing valves meet the requirements specified in paragraph (c)(2) of this section. All records must be kept for three years. (d) Sale of Used Refrigerant. No person may sell or distribute, or offer for sale or distribution, for use as a refrigerant any class I or class II substance or substitute consisting wholly or in part of used refrigerant unless the refrigerant: (1) Has been reclaimed by a person who has been certified as a reclaimer under § 82.164; (2) was used only in an MVAC or MVAC-like appliance and is to be used only in an MVAC or MVAC-like appliance and recycled in accordance with § 82.34(d); (3) is contained in an appliance that is sold or offered for sale together with a fully assembled refrigerant circuit; (4) is being transferred between or among a parent company and one or more of its subsidiaries, or between or among subsidiaries having the same parent company; (5) is being transferred between or among a Federal agency or department and a facility or facilities owned by the same Federal agency or department; or (6) is exempted under paragraph (a)(1) of this section. (e) Manufacture and Sale of Appliances. (1) No person may sell or distribute, or offer for sale or distribution, any appliance (except small appliances) unless it is equipped with a servicing aperture to facilitate the removal of refrigerant at servicing and disposal. (2) No person may sell or distribute, or offer for sale or distribution, any small appliance unless it is equipped with a process stub to facilitate the removal of refrigerant at servicing and disposal. (f) One-time expansion devices. No person may manufacture or import a one-time expansion device unless the only refrigerants it contains have been exempted under paragraph (a)(1) of this section. (g) Rules stayed for consideration. Notwithstanding any other provisions of PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 69519 this subpart, the effectiveness of 40 CFR 82.154(c), only as it applies to refrigerant contained in appliances without fully assembled refrigerant circuits, is stayed from April 27, 1995, until EPA takes final action on its reconsideration of these provisions. EPA will publish any such final action in the Federal Register. ■ 5. Add § 82.155 to subpart F to read as follows: § 82.155 Safe disposal of appliances. Until [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER], this section applies only to disposal of appliances containing class I and class II refrigerants. Starting on [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER], this section applies to disposal of appliances containing any refrigerant as defined in § 82.152. (a) Persons who take the final step in the disposal process (including but not limited to scrap recyclers and landfill operators) of a small appliance, MVAC, or MVAC-like appliance (the final processor) must either: (1) Recover any remaining refrigerant from the appliance in accordance with paragraph (b) of this section; or (2) Verify using a signed statement or a contract that all refrigerant that had not leaked previously has been recovered from the appliance or shipment of appliances in accordance with paragraph (b) of this section. This statement must include the name and address of the person who recovered the refrigerant and the date the refrigerant was recovered. The signed contract between the supplier and the final processor must state that the supplier will recover any remaining refrigerant from the appliance or shipment of appliances in accordance with this paragraph prior to delivery. (i) It is a violation of this subpart to accept a signed statement or contract if the person receiving the statement or contract knew or had reason to know that the signed statement or contract is false. (ii) Persons complying with this paragraph must notify suppliers of appliances that refrigerant must be properly recovered in accordance with paragraph (b) of this section before delivery of the items to the facility. The form of this notification may be signs, letters to suppliers, or other equivalent means. (b) Persons recovering refrigerant from a small appliance, MVAC, or MVAC-like appliance for purposes of disposal of these appliances must evacuate refrigerant to the levels in § 82.156(b) or E:\FR\FM\09NOP3.SGM 09NOP3 69520 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules (c) using recovery equipment that meets the standards in § 82.158(e)–(g), as applicable. (c) Recordkeeping. Persons who take the final step in the disposal process of a small appliance, MVAC, or MVAC-like appliance must keep a copy of all the signed statements or contracts obtained under paragraph (a)(2) of this section on site, in paper or electronic format, for at least three years. ■ 6. Revise § 82.156 to read as follows: § 82.156 Proper evacuation of refrigerant from appliances. Until [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER], this section applies only to proper evacuation of refrigerant from appliances containing class I and class II refrigerants. Starting on [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER], this section applies to proper evacuation of refrigerant from appliances containing any refrigerant as defined in § 82.152, except that the leak repair provisions in § 82.157 apply in lieu of paragraph (i) of this section. (a) Appliances other than small appliances, MVACs, and MVAC-like appliances. Before opening such appliances, or disposing of such appliances, persons must evacuate the refrigerant, including all the liquid refrigerant (except as provided in paragraph (a)(1)(ii) of this section), to the levels in Table 1 using a recovery and/or recycling machine certified pursuant to § 82.158 unless the situations in paragraphs (a)(1) or (a)(2) apply. Persons may evacuate either the entire appliance or the part to be serviced, if the refrigerant in the part can be isolated to a system receiver. A technician must verify that the applicable level of evacuation has been reached in the appliance or the part before it is opened. (1) If evacuation of the appliance to the atmosphere is not to be performed after completion of the maintenance, service, or repair, and if the maintenance, service, or repair is not major as defined at § 82.152, the appliance must: (i) Be evacuated to a pressure no higher than 0 psig before it is opened if it is a medium-, high- or very highpressure appliance; (ii) Be pressurized to a pressure no higher than 0 psig before it is opened if it is a low-pressure appliance. Persons must cover openings when isolation is not possible. Persons pressurizing lowpressure appliances that use refrigerants with boiling points at or below 85 degrees Fahrenheit at 29.9 inches of mercury (standard atmospheric pressure), must not use methods such as nitrogen that require subsequent purging. Persons pressurizing lowpressure appliances that use refrigerants with boiling points above 85 degrees Fahrenheit at 29.9 inches of mercury, must use heat to raise the internal pressure of the appliance as much as possible, but may use nitrogen to raise the internal pressure of the appliance from the level attainable through use of heat to atmospheric pressure; or (iii) For the purposes of oil changes, be evacuated or pressurized to a pressure no higher than 5 psig, before it is opened; or drain the oil into a system receiver to be evacuated or pressurized to a pressure no higher than 5 psig. (2) If leaks in the appliance make evacuation to the levels in Table 1 unattainable or would substantially contaminate the refrigerant being recovered, persons opening or disposing of the appliance must: (i) Isolate leaking from non-leaking components wherever possible; (ii) Evacuate non-leaking components to be opened or disposed of to the levels specified in Table 1; and (iii) Evacuate leaking components to be opened or disposed of to the lowest level that can be attained without substantially contaminating the refrigerant. This level may not exceed 0 psig. (3) Recordkeeping. Persons evacuating refrigerant from appliances with a full charge of more than 5 and less than 50 pounds of refrigerant for purposes of disposal of that appliance must keep records documenting the following for three years: (i) The company name, location of the equipment, date of recovery, amount and type of refrigerant recovered for each appliance; and (ii) The quantity and type of refrigerant transferred for reclamation and/or destruction, to whom it was transferred, and the date of transfer. TABLE 1—REQUIRED LEVELS OF EVACUATION FOR APPLIANCES [Except for small appliances, MVACs, and MVAC-like appliances] Inches of Hg vacuum (relative to standard atmospheric pressure of 29.9 inches Hg) srobinson on DSK5SPTVN1PROD with PROPOSALS3 Type of appliance Using recovery and/ or recycling equipment manufactured or imported before November 15, 1993 Using recovery and/ or recycling equipment manufactured or imported on or after November 15, 1993 Very high-pressure appliance ............................................................................................................. High-pressure appliance, or isolated component of such appliance, with a full charge of less than 200 pounds of refrigerant. High-pressure appliance, or isolated component of such appliance, with a full charge of 200 pounds or more of refrigerant. Medium-pressure appliance, or isolated component of such appliance, with a full charge of less than 200 pounds of refrigerant. Medium-pressure appliance, or isolated component of such appliance, with a full charge of 200 pounds or more of refrigerant. Low-pressure appliance ...................................................................................................................... 0 ............................... 0 ............................... 0 0 4 ............................... 10 4 ............................... 10 4 ............................... 15 25 mm Hg absolute 25 mm Hg absolute. (b) Small appliances. Before opening a small appliance or when disposing of a small appliance, persons must use a VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 recovery and/or recycling machine certified pursuant to § 82.158 that meets the following conditions: PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 (1) When using recovery equipment manufactured before November 15, E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 1993, recover 80% of the refrigerant in the small appliance; or (2) When using recovery equipment manufactured on or after November 15, 1993, recover 90% of the refrigerant in the appliance when the compressor in the appliance is functioning, or 80% of the refrigerant in the appliance when the compressor in the appliance is not functioning; or (3) Evacuate the appliance to four inches of mercury vacuum. (c) MVACs and MVAC-like appliances. Persons may only open MVAC and MVAC-like appliances while properly using, as defined at § 82.32(e), recovery and/or recycling equipment certified pursuant to § 82.158(f) or (g), as applicable. All persons recovering refrigerant from MVACs and MVAC-like appliances for purposes of disposal of these appliances must reduce the system pressure to or below 102 mm of mercury vacuum. (d) System-dependent equipment may not be used with appliances with a full charge of more than 15 pounds of refrigerant, unless the system-dependent equipment is permanently attached to the appliance as a pump-out unit. (e) Persons who maintain, service, repair, or dispose of only appliances that they own and that contain pumpout units are exempt from the requirement to use certified, selfcontained recovery and/or recycling equipment. (f) All recovery and/or recycling equipment must be used in accordance with the manufacturer’s directions unless such directions conflict with the requirements of this subpart. (g) Refrigerant may be returned to the appliance from which it is recovered or to another appliance owned by the same person without being recycled or reclaimed, unless the appliance is an MVAC or MVAC-like appliance. (h) [Reserved] (i) The provisions in this paragraph (i) of this section apply to owners and operators of appliances containing more than 50 pounds of class I and class II refrigerants only until [18 MONTHS FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER]. The appliance maintenance and leak repair provisions in § 82.157 apply as of [18 MONTHS FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER]. * * * * * ■ 7. Add § 82.157 to Subpart F to read as follows: § 82.157 repair. Appliance maintenance and leak (a) Applicability. This section applies as of [18 MONTHS FROM VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER]. This section applies only to appliances with a full charge of 50 or more pounds of refrigerant. Unless otherwise specified, the requirements of this section apply to the owner or operator of the appliance. (b) Leak Inspections. (1) Commercial refrigeration and industrial process refrigeration equipment with a full charge of 500 or more pounds of refrigerant must be inspected for leaks once every three months. (i) Such equipment may be inspected once per year if no refrigerant has been added in the past 365 days (excluding refrigerant added for seasonal variances). The equipment may continue to be inspected once per year if no refrigerant has been added in the past 365 days (excluding refrigerant added for seasonal variances). (ii) If refrigerant is added to an appliance that is on an annual leak inspection schedule under paragraph (b)(1)(i) of this section, the appliance owner or operator must resume quarterly leak inspections. (2) Commercial refrigeration and industrial process refrigeration equipment with a full charge of 50 or more pounds but less than 500 pounds of refrigerant must be inspected for leaks once per year. (3) Comfort cooling appliances or other appliances not covered by paragraphs (a)(1) or (a)(2) with a full charge of 50 or more pounds of refrigerant must be inspected for leaks once per year. (4) Quarterly or annual leak inspections as described in paragraphs (b)(1)–(3) of this section are not required on appliances continuously monitored by an automatic leak detection system that is audited and calibrated annually. An automatic leak detection system may directly detect refrigerant in air, monitor its surrounding in a manner other than detecting refrigerant concentrations in air, or monitor conditions of the appliance. (i) For systems that directly detect the presence of a refrigerant in air, the system must: (A) Only be used on systems where the entire appliance or the compressor, evaporator, condenser, or other component with a high potential to leak is located inside an enclosed building or structure; (B) Have sensors or intakes placed so that they will continuously monitor the refrigerant concentrations in air in proximity to the compressor, evaporator, condenser, and other areas with a high potential for a refrigerant leak; PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 69521 (C) Accurately detect a concentration level of 10 parts per million of vapor of the specific refrigerant or refrigerants used in the refrigeration appliance(s); and (D) Alert the owner or operator when a refrigerant concentration of 100 parts per million of vapor of the specific refrigerant or refrigerants used in the refrigeration appliance(s) is reached. (ii) For a system that monitors its surrounding in a manner other than detecting refrigerant concentrations in air or monitor conditions of the appliance, the system must automatically alert the owner or operator when measurements indicate a loss of 50 pounds of refrigerant or 10 percent of the full charge, whichever is less. (5) Owners or operators of federallyowned appliances may submit a request to EPA at the address specified in paragraph (m) of this section to conduct leak inspections less frequently than described in paragraphs (b)(1)–(3) of this section. The frequency of inspections cannot be less than one inspection every three years. The request will be considered approved unless EPA notifies the owner or operator of the appliance within 60 days of receipt of the request that it has been disapproved. Requests must include an alternate leak inspection schedule and demonstrate that: (i) The appliance has a history of minimal leakage; (ii) The appliance is remotely located or is otherwise difficult to access for routine maintenance; and (iii) Use of automatic leak detection equipment is not practical. (c) Leak Rate Calculation. Persons adding or removing refrigerant from an appliance must, upon conclusion of that service, provide the owner or operator with documentations that meets the requirements of paragraph (l)(4) of this section. The leak rate must be calculated every time refrigerant is added to an appliance unless the addition is made immediately following a retrofit, installation of a new appliance, or qualifies as a seasonal variance. (d) Requirement to Address Significant Leaks through Appliance Repair, or Retrofitting or Retiring an Appliance. (1) Appliances with a leak rate over the applicable leak rate in paragraph (d)(2) of this section must be repaired in accordance with paragraphs (e)–(g) of this section unless the owner elects to retrofit or retire the appliance in compliance with paragraphs (h) and (i) of this section. If the owner or operator elects to repair leaks, but fails to successfully comply with paragraphs (e)–(g) of this section, the owner or E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 69522 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules operator must create and implement a retrofit or retirement plan in accordance with paragraphs (h) and (i) of this section. (2) Applicable Leak Rates: (i) 20 percent leak rate for commercial refrigeration equipment; (ii) 20 percent leak rate for industrial process refrigeration equipment; and (iii) 10 percent leak rate for comfort cooling appliances or other appliances with a full charge of 50 or more pounds of refrigerant not covered by (2)(i) or (ii) of this subsection. (e) Appliance Repair. All leaks must be identified and repaired in accordance with this paragraph within 30 days (or 120 days if an industrial process shutdown is required) of an appliance exceeding the applicable leak rate in paragraph (d) of this section. (1) A leak inspection must be conducted to identify the location of leaks. (2) All identified leaks must be repaired such that there are no longer any detectable leaks, as documented by an initial and follow-up verification test or tests. (f) Verification tests. Initial and follow-up verification tests are required on each identified leak required to be repaired in paragraph (e) of this section. (1) Initial verification test. Unless granted additional time, an initial verification test must be performed within 30 days (or 120 days if an industrial process shutdown is required) of an appliance exceeding the applicable leak rate in paragraph (d) of this section. An initial verification test must demonstrate that all identified leaks on the appliance are repaired. (i) For repairs that can be completed without the need to open or evacuate the appliance, the test must be performed as soon as practicable after the conclusion of the repair work and before any additional refrigerant is added to the appliance. (ii) For repairs that require the evacuation of the appliance or portion of the appliance, the test must be performed before adding any refrigerant to the appliance. (iii) If the initial verification test indicates that the repairs have not been successful, the owner or operator may conduct as many additional repairs and initial verification tests as needed within the applicable time period. (2) Follow-up verification test. A follow-up verification test must be performed within 10 days of the successful initial verification test or 10 days of the appliance reaching normal operating characteristics and conditions (if appliance or isolated component was evacuated for the repair(s)). VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 (i) A follow-up verification test must demonstrate that all identified leaks on the appliance are repaired. If the followup verification test indicates that the repairs have not been successful, the owner or operator may conduct as many additional repairs and follow-up verification tests as needed within the applicable time period. (ii) [Reserved]. (g) Extensions to the appliance repair deadlines in paragraphs (e)±(g) of this section. The timeframes in paragraphs (e)–(g) of this section are temporarily suspended when an appliance is mothballed. The time will resume on the day additional refrigerant is added to the appliance (or component of an appliance if the leaking component was isolated). Additionally, owners or operators may request more than 30 days (or 120 days if an industrial process shutdown is required) to comply with paragraphs (e) and (f) of this section if they meet the requirements of (g)(1) through (g)(4) of this section. The request will be considered approved unless EPA notifies the owners or operators within 30 days of receipt of the request. (1) One or more of the following conditions applies: (i) The appliance is located in an area subject to radiological contamination or shutting down the appliance will directly lead to radiological contamination. Additional time is permitted to the extent needed to conduct and finish repairs in a safe working environment. (ii) Requirements of other applicable Federal, state, or local regulations make a repair within 30 days (or 120 days if an industrial process shutdown is required) impossible. Additional time is permitted to the extent needed to comply with the pertinent regulations. (iii) Necessary parts are unavailable. Additional time is permitted up to 30 days after receiving delivery of the necessary parts, not to exceed 180 days (or 270 days if an industrial process shutdown is required) from the date the appliance exceeded the applicable leak rate. (2) All repairs that do not require additional time must be completed and verified within the initial 30 day repair period (or 120 day repair period if an industrial process shutdown is required); (3) The owner or operator must document all repair efforts and the reason for the inability to make the repair within the initial 30 day repair period (or 120 day repair period if an industrial process shutdown is required); and PO 00000 Frm 00066 Fmt 4701 Sfmt 4702 (4) The owner or operator must request an extension from EPA at the address specified in paragraph (m) of this section within 30 days (or 120 days if an industrial process shutdown is required) of the appliance exceeding the applicable leak rate in paragraph (d) of this section. Requests must include: Identification and address of the facility; the name of the owner or operator of the appliance; the leak rate; the method used to determine the leak rate and full charge; the date the appliance exceeded the applicable leak rate; the location of leak(s) to the extent determined to date; any repair work that has been performed thus far, including the date that work was completed; the reasons why more than 30 days (or 120 days if an industrial process shutdown is required) are needed to complete the repair; and an estimate of when the work will be completed. If the estimated completion date is to be extended, a new estimated date of completion and documentation of the reason for that change must be submitted to EPA within 30 days. The owner or operator must keep a dated copy of this submission. (h) Retrofit or retirement plans. The retrofit or retirement plan must be signed by an authorized company official, dated, accessible at the site of the appliance in paper copy or electronic format, and available for EPA inspection upon request. (1) A retrofit or retirement plan must be created within 30 days of: (i) discovering that an appliance is leaking above the applicable leak rate in paragraph (d) of this section if the owner or operator intends to retrofit or retire rather than repair the leak; or (ii) failing to comply with paragraphs (e) and (f) of this section. (2) A retrofit or retirement plan must, at a minimum, contain the following information: (i) Identification and location of the appliance; (ii) Type and full charge of the refrigerant used in the appliance; (iii) Type and full charge of the refrigerant to which the appliance will be converted, if retrofitted; (iv) Itemized procedure for converting the appliance to a different refrigerant, including changes required for compatibility with the new substitute, if retrofitted; (v) Plan for the disposition of recovered refrigerant; (vi) Plan for the disposition of the appliance, if retired; and (vii) A schedule, not to exceed oneyear, for completion of the appliance retrofit or retirement. (3) Unless granted additional time, all work performed in accordance with the E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules plan must be finished within one year of the plan’s date (not to exceed 13 months from when the plan was required in paragraph (h)(1) of this section). (4) All identified leaks must be repaired as part of any retrofit under such a plan. (i) Extensions to the one-year retrofit or retirement schedule. The timeframes in paragraphs (h) and (i) of this section are temporarily suspended when an appliance is mothballed. The time will resume on the day additional refrigerant is added to the appliance (or component of an appliance if the leaking component was isolated). Additionally, owners or operators may request more than one year to comply with paragraphs (h) and (i) of this section if they meet the requirements of this paragraph. The request will be considered approved unless EPA notifies the owners or operators within 60 days of receipt of the request. The request must be submitted to EPA at the address specified in § 82.157(m) within seven months of discovering the appliance exceeded the applicable leak rate. The request must include the identification of the appliance; name of the owner or operator; the leak rate; the method used to determine the leak rate and full charge; the date the appliance exceeded the applicable leak rate; the location of leaks(s) to the extent determined to date; any repair work that has been finished thus far, including the date that work was finished; a plan to finish the retrofit or retirement of the appliance; the reasons why more than one year is necessary to retrofit or retire the appliance; the date of notification to EPA; and an estimate of when retrofit or retirement work will be finished. A dated copy of the request must be available on-site in either electronic or paper copy. If the estimated completion date is to be revised, a new estimated date of completion and documentation of the reason for that change must be submitted to EPA at the address specified in § 82.157(m) within 30 days. (1) Extensions available to any appliance. Owners or operators of commercial refrigeration, industrial process refrigeration, comfort-cooling, or other equipment are automatically allowed 18 months to retire an appliance if the replacement uses a refrigerant exempt from the venting prohibition in § 82.154(a). (2) Extensions available to industrial process refrigeration. Owners or operators of industrial process refrigeration equipment may request additional time beyond the one-year period in paragraph (h) of this section VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 to finish the retrofit or retirement under the following circumstances. (i) Requirements of other applicable Federal, state, or local regulations make a retrofit or retirement within one year impossible. Additional time is permitted to the extent needed to comply with the pertinent regulations; or (ii) The new or the retrofitted equipment is custom-built as defined in this subpart and the supplier of the appliance or one of its components has quoted a delivery time of more than 30 weeks from when the order is placed. The appliance or appliance components must be installed within 120 days after receiving delivery of the necessary parts. (3) Extensions available to Federallyowned equipment. Owners or operators of Federally-owned commercial or comfort-cooling equipment may request an additional year beyond the one-year period in paragraph (h) of this section to finish the retrofit or retirement under the following circumstances: (i) A delivery time of more than 30 weeks from the beginning of the official procurement process is quoted due to complications presented by the Federal agency appropriations and/or procurement process; (ii) The appliance is located in an area subject to radiological contamination and creating a safe working environment will require more than 30 weeks; or (iii) After receiving a one-year extension under subparagraphs (i)(3)(i) or (ii) of this section, additional time is necessary to finish the retrofit or retirement of equipment. The request must be submitted to EPA before the end of the ninth month of the one-year extension and must include the same information submitted for that one-year extension, with any necessary revisions. A dated copy of the request must be available on-site in either electronic or paper copy. The request will be considered approved unless EPA notifies the owners or operators within 60 days of receipt of the request. (j) Two-year leak limit. Appliances containing 50 pounds or more of refrigerant are prohibited from leaking more than 75 percent of the full charge in each of two consecutive twelvemonth periods. Under paragraph (c) of this section, the leak rate must be calculated every time refrigerant is added to an appliance. By the end of the second twelve-month period, appliances that exceed this limit must be retired or mothballed until retired. (k) Purged refrigerant. In calculating annual leak rates, purged refrigerant that is destroyed at a verifiable destruction PO 00000 Frm 00067 Fmt 4701 Sfmt 4702 69523 efficiency of 98 percent or greater will not be counted toward the leak rate. (l) Recordkeeping. All records identified in this paragraph must be kept for three years in electronic or paper format. (1) Owners or operators must keep records of leak inspections that include the date of inspection, the method used to conduct the leak inspection, a list of the location of each leak that was identified, and a certification that all visible parts of the appliance were inspected. (2) If using an automatic leak detection system, the owner or operator must maintain records regarding the installation and the annual audit and calibration of the system. They also must keep a record of each date the monitoring system identified a leak and the location of the leak. (3) Owners or operators must determine the full charge of all appliances with 50 or more pounds of refrigerant (as defined in § 82.152), and maintain the following information for each appliance: (i) The identification of the owner or operator of the appliance; (ii) The address where the appliance is located; (iii) The full charge of the appliance and the method for how the full charge was determined; (iv) The range for the full charge of the appliance, its midpoint, and how the range was determined (if using method 4, as defined in § 82.152, for determining full charge); (v) Any revisions of the full charge and how they were determined; and (vi) The dates such revisions occurred. (4) Owners or operators are required to maintain a record including the following information for each time an appliance with a full charge of 50 or more pounds is maintained, serviced, repaired, or disposed of, when applicable. If the maintenance, service, repair, or disposal is done by someone other than the owner, that person must provide a record containing the following information to the owner or operator, when applicable: (i) The identity and location of the appliance; (ii) The date of the maintenance, service, repair, or disposal performed; (iii) The part(s) of the appliance being serviced and for each part, the type of maintenance, service, repair, or disposal performed; (iv) The name of the person performing the maintenance, service, repair or disposal; (v) The amount and type of refrigerant added to or removed from the appliance; E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 69524 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules (vi) The full charge of the appliance; and (vii) The leak rate and the method used to determine the leak rate (not applicable when disposing of the appliance, following a retrofit, installation of a new appliance, or if the refrigerant addition qualifies as a seasonal variance). (5) Owners or operators must maintain records of the dates and results of all initial and follow-up verification tests. Records must include at minimum the location of the appliance, the date of the verification test or tests, the location of all repaired leaks that were tested, the type of verification test used, and the results of those tests. (6) Owners or operators must maintain retrofit or retirement plans developed in accordance with paragraph (h) of this section. (7) Owners or operators must maintain retrofit and/or extension requests submitted to EPA in accordance with paragraph (i) of this section. (8) Owners or operators that suspend the deadlines in this section by mothballing an appliance must keep records documenting when the appliance was mothballed and when additional refrigerant was added to the appliance (or isolated component). (9) Owners or operators who exclude purged refrigerants that are destroyed from annual leak rate calculations must maintain records to support the amount of refrigerant claimed as sent for destruction. Records must be based on a monitoring strategy that provides reliable data to demonstrate that the amount of refrigerant claimed to have been destroyed is not greater than the amount of refrigerant actually purged and destroyed and that the 98 percent or greater destruction efficiency is met. Records must include flow rate, quantity or concentration of the refrigerant in the vent stream, and periods of purge flow. Records must include: (i) the identification of the facility and a contact person, including the address and telephone number; (ii) A description of the appliance, focusing on aspects relevant to the purging of refrigerant and subsequent destruction; (iii) A description of the methods used to determine the quantity of refrigerant sent for destruction and type of records that are being kept by the owners or operators where the appliance is located; (iv) The frequency of monitoring and data-recording; and (v) A description of the control device, and its destruction efficiency. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 (10) Owners or operators that exclude additions of refrigerant due to seasonal variance from their leak rate calculation must maintain records in accordance with paragraph (c) of this section. (11) Owners or operators that submit reports to EPA in accordance with paragraph (m) of this section, must maintain copies of the submitted reports and any responses from EPA. (12) Owners or operators of federallyowned appliances that request an alternate leak inspection schedule in accordance with paragraph (b)(5) of this section must maintain copies of the submitted requests and all responses from EPA until three years after the less frequent leak inspection schedule is no longer being followed. (m) Reporting. All notifications must be submitted electronically to 608reports@epa.gov unless the notification contains confidential business information. If the notification contains confidential business information, the information should be submitted to: Section 608 Program Manager; Stratospheric Protection Division; Mail Code: 6205T; U.S. Environmental Protection Agency; 1200 Pennsylvania Avenue NW.; Washington, DC 20460. (1) Owners or operators must notify EPA at this address in accordance with paragraph (b)(5) of this section when seeking an alternate leak inspection schedule. (2) Owners or operators must notify EPA at this address in accordance with paragraph (g) of this section when seeking an extension of time to complete repairs. (3) Owners or operators must notify EPA at this address in accordance with paragraph (i) of this section when seeking an extension of time to complete the retrofit or retirement of an appliance. (4) When excluding purged refrigerants that are destroyed from annual leak rate calculations, owners or operators must notify EPA at this address within 60 days after the first time the exclusion is used by the facility where the appliance is located. The report must include the information included in paragraph (l)(9) of this section. ■ 8. Revise § 82.158 to read as follows: § 82.158 Standards for recovery and/or recycling equipment. (a) No person may manufacture or import recovery and/or recycling equipment for use during the maintenance, service, repair, or disposal of appliances unless the equipment is certified in accordance with this section. PO 00000 Frm 00068 Fmt 4701 Sfmt 4702 (b) No person may alter the design of certified refrigerant recovery and/or recycling equipment in a way that would affect the equipment’s ability to meet the certification standards in this section without resubmitting the altered design for certification testing. Until it is tested and shown to meet the certification standards in this section, equipment so altered will be considered uncertified. (c) Recovery and/or recycling equipment manufactured or imported before November 15, 1993, intended for use during the maintenance, service, repair, or disposal of appliances (except small appliances, MVACs, and MVAClike appliances) will be considered certified if it is capable of achieving the level of evacuation specified in Table 2 of this section when tested using a properly calibrated pressure gauge. (d) Manufacturers and importers of recovery and/or recycling equipment must have such equipment certified by an approved equipment testing organization as follows: (1) Recovery and/or recycling equipment manufactured or imported on or after November 15, 1993, and before September 22, 2003, intended for use during the maintenance, service, repair, or disposal of appliances (except small appliances, MVACs, and MVAClike appliances) must be certified by an approved equipment testing organization as being capable of achieving the level of evacuation specified in Table 2 of this section under the conditions of appendix B1 of this subpart (based upon the ARI Standard 740–1993, Performance of Refrigerant Recovery, Recycling and/or Reclaim Equipment). (2) Recovery and/or recycling equipment manufactured or imported on or after September 22, 2003, and before January 1, 2017, intended for use during the maintenance, service, repair, or disposal of appliances (except small appliances, MVACs, and MVAC-like appliances) must be certified by an approved equipment testing organization as being capable of achieving the level of evacuation specified in Table 2 of this section under the conditions of appendix B2 of this subpart (based upon the ARI Standard 740–1995, Performance of Refrigerant Recovery, Recycling and/or Reclaim Equipment). (3) Recovery and/or recycling equipment manufactured or imported on or after January 1, 2017, intended for use during the maintenance, service, repair, or disposal of appliances (except small appliances, MVACs, and MVAClike appliances) must be certified by an approved equipment testing E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules organization as being capable of achieving the level of evacuation specified in Table 2 of this section under the conditions of appendix B3 (for non-flammable refrigerants) or 69525 appendix B4 (for flammable refrigerants) of this subpart. TABLE 2—LEVELS OF EVACUATION WHICH MUST BE ACHIEVED BY RECOVERY AND/OR RECYCLING EQUIPMENT [Except for small appliances, MVACs, and MVAC-like appliances] Type of appliance with which recovery and/or recycling machine is intended to be used srobinson on DSK5SPTVN1PROD with PROPOSALS3 HCFC–22 appliances, or isolated component of such appliances, with a full charge of less than 200 pounds of refrigerant. HCFC–22 appliances, or isolated component of such appliances, with a full charge of 200 pounds or more of refrigerant. Very high-pressure appliances ................................................................ Other high-pressure appliances, or isolated component of such appliances, with a full charge of less than 200 pounds of refrigerant. Other high-pressure appliances, or isolated component of such appliances, with a full charge of 200 pounds or more of refrigerant. Medium-pressure appliances, or isolated component of such appliances, with a full charge of less than 200 pounds of refrigerant. Medium-pressure appliances, or isolated component of such appliances, with a full charge of 200 pounds or more of refrigerant. Low-pressure appliances ........................................................................ (4) Recovery and/or recycling equipment whose recovery efficiency cannot be tested according to the procedures in appendix B1, B2, B3, or B4 of this subpart as applicable may be certified if an approved third-party testing organization adopts and performs a test that demonstrates, to the satisfaction of the Administrator, that the recovery efficiency of that equipment is equal to or better than that of equipment that: (i) Is intended for use with the same type of appliance; and (ii) Achieves the level of evacuation in Table 2. The manufacturer’s instructions must specify how to achieve the required recovery efficiency, and the equipment must be tested when used according to these instructions. (5) The equipment must meet the minimum requirements for certification under appendix B1, B2, B3, or B4 of this subpart as applicable. (6) If the equipment is equipped with a noncondensables purge device, the equipment must not release more than 3 percent of the quantity of refrigerant being recycled through noncondensables purging under the conditions of appendix B1, B2, B3, or B4 of this subpart as applicable. (7) The equipment must be equipped with low-loss fittings on all hoses. (8) The equipment must have its liquid recovery rate and its vapor recovery rate measured under the conditions of appendix B1, B2, B3, or B4 as applicable, unless the equipment has no inherent liquid or vapor recovery rate. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 Inches of Hg vacuum (relative to standard atmospheric pressure of 29.9 inches Hg) Manufactured or imported before November 15, 1993 0 ..................................................... 0 4 ..................................................... 10 0 ..................................................... 4 ..................................................... 0 10 4 ..................................................... 15 4 ..................................................... 10 4 ..................................................... 15 25 mm Hg absolute ....................... 25 mm Hg absolute. (e) Small Appliances. Equipment used during the maintenance, service, repair, or disposal of small appliances must be certified by an approved equipment testing organization to be capable of recovering 90% of the refrigerant in the test stand when the compressor of the test stand is operational and 80% of the refrigerant when the compressor of the test stand is not operational, when used in accordance with the manufacturer’s instructions under the conditions of appendix C, Method for Testing Recovery Devices for Use with Small Appliances. (1) Equipment manufactured or imported before November 15, 1993, will be considered certified if it is capable of either recovering 80% of the refrigerant in the system, whether or not the compressor of the test stand is operational, or achieving a four-inch vacuum when tested using a properly calibrated pressure gauge. (2) Equipment manufactured or imported on or after November 15, 1993, may also be certified if it is capable of achieving a four-inch vacuum under the conditions of appendix B1 of this subpart, based upon ARI Standard 740– 1993. (3) Equipment manufactured or imported on or after September 22, 2003, and before January 1, 2017, may also be certified if it is capable of achieving a four-inch vacuum under the conditions of appendix B2 of this subpart, based upon ARI Standard 740– 1995. (4) Equipment manufactured or imported on or after January 1, 2017, may also be certified if it is capable of PO 00000 Frm 00069 Fmt 4701 Manufactured or imported on or after November 15, 1993 Sfmt 4702 achieving a four-inch vacuum under the conditions of appendix B3 (for nonflammable refrigerants) or appendix B4 (for flammable refrigerants) of this subpart. (5) Equipment used to evacuate refrigerant from small appliances before they are disposed of may also be certified if it is capable of achieving a four-inch vacuum when tested using a properly calibrated pressure gauge. (f) MVAC-like appliances. (1) Manufacturers and importers of recovery and/or recycling equipment intended for use during the maintenance, service, repair, or disposal of MVAC-like appliances must certify such equipment in accordance with § 82.36(a). (2) Equipment manufactured or imported before November 15, 1993, intended for use during the maintenance, service, or repair of MVAC-like appliances must be capable of reducing the system pressure to 102 mm of mercury vacuum under the conditions of the SAE Standard, SAE J1990 (appendix A to 40 CFR part 82, subpart B). (g) MVACs. Equipment used to evacuate refrigerant from MVACs before they are disposed of must be certified in accordance with § 82.36(a). (h) Labeling. Manufacturers and importers of equipment certified under paragraphs (d) and (e) of this section must place a label on each piece of equipment stating the following: THIS EQUIPMENT HAS BEEN CERTIFIED BY [APPROVED EQUIPMENT TESTING ORGANIZATION] TO MEET EPA’s E:\FR\FM\09NOP3.SGM 09NOP3 69526 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules MINIMUM REQUIREMENTS FOR RECYCLING OR RECOVERY EQUIPMENT INTENDED FOR USE WITH [APPROPRIATE CATEGORY OF APPLIANCE]. The label must also show the date of manufacture and the serial number (if applicable) of the equipment. The label must be affixed in a readily visible or accessible location, be made of a material expected to last the lifetime of the equipment, present required information in a way that it is likely to remain legible for the lifetime of the equipment, and be affixed in such a way that it cannot be removed from the equipment without damage to the label. (i) Retesting. At least once every three years, manufacturers or importers of recovery and/or recycling equipment intended for use during the maintenance, service, or repair of appliances (except MVACs or MVAClike appliances) or during the disposal of appliances (except small appliances, MVACs, and MVAC-like appliances) must have approved equipment testing organizations conduct either: (1) Retests of certified recovery and/ or recycling equipment in accordance with paragraphs (d) and (e) of this section; or (2) Inspections of recovery and/or recycling equipment at manufacturing facilities to ensure that each equipment model line that has been certified under this section continues to meet the certification criteria. (j) Revocation. An equipment model line that has been certified under this section may have its certification revoked if it is subsequently determined to fail to meet the certification criteria. In such cases, the Administrator must give notice to the manufacturer or importer setting forth the basis for the determination. (k) Equipment that is advertised or marketed as ‘‘recycling equipment’’ must be capable of recycling the standard contaminated refrigerant sample of appendix B2, B3, or B4 of this subpart (as applicable) to the levels in the following table when tested under the conditions of appendix B2, B3 or B4 of this subpart: MAXIMUM LEVELS OF CONTAMINANTS PERMISSIBLE IN REFRIGERANT PROCESSED THROUGH EQUIPMENT ADVERTISED AS ‘‘RECYCLING’’ EQUIPMENT Contaminants Low-pressure (R–11, R–123, R–113) systems R–12 Systems Acid Content (by wt.) ........................................ Moisture (by wt.) ............................................... Noncondensable Gas (by vol.) ......................... High Boiling Residues (by vol.) ........................ Chlorides by Silver Nitrate Test ....................... Particulates ....................................................... 1.0 PPM .......................................................... 20 PPM ........................................................... N/A .................................................................. 1.0% ................................................................ No turbidity ...................................................... Visually clean .................................................. 1.0 PPM ..................... 10 PPM ...................... 2.0% ........................... 0.02% ......................... No turbidity ................. Visually clean ............. 9. Revise § 82.160 to read as follows: equipment or inspections of equipment at manufacturing facilities will be used. (5) Verification that the organization has no conflict of interest and receives no direct or indirect financial benefit from the outcome of certification testing. (6) Agreement to allow the Administrator access to records and personnel to verify the information contained in the application. (c) Organizations may not certify equipment before receiving approval from EPA. If approval is denied under this section, the Administrator must give written notice to the organization setting forth the basis for the determination. (d) If an approved testing organization conducts certification tests in a way not consistent with the representations made in its application or with the provisions of this subpart, the Administrator may revoke approval in accordance with § 82.169. In such cases, the Administrator must give notice to the organization setting forth the basis for the determination. (e) Recordkeeping and reporting. (1) Approved equipment testing organizations must maintain records of equipment testing and performance and a list of equipment that meets EPA requirements. This list must include the name of the manufacturer and the name and/or serial number of the model line. ■ srobinson on DSK5SPTVN1PROD with PROPOSALS3 § 82.160 Approved equipment testing organizations. (a) Any equipment testing organization may apply for approval by the Administrator to certify equipment under the standards in § 82.158 and appendices B2, B3, B4, or C of this subpart. Applications must be sent to 608reports@epa.gov, or if containing confidential business information, mailed to: Section 608 Program Manager; Stratospheric Protection Division; Mail Code: 6205T; U.S. Environmental Protection Agency; 1200 Pennsylvania Avenue NW., Washington, DC 20460. (b) Applications for approval must include: (1) A list of equipment present at the organization that will be used for equipment testing. (2) Verification of the organization’s expertise in equipment testing and the technical experience of the organization’s personnel. (3) Verification of the organization’s knowledge of the standards and recordkeeping and reporting requirements of this subpart. (4) A description of the organization’s program for verifying the performance of certified recovery and/or recycling equipment manufactured over the long term, specifying whether retests of VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4702 All other systems 1.0 PPM. 20 PPM. 2.0%. 0.02%. No turbidity. Visually clean. Approved equipment testing organizations must publish online a list of all certified equipment that includes the information specified above and update the list annually. (2) Approved equipment testing organizations must notify EPA at 608reports@epa.gov if retests of equipment or inspections of manufacturing facilities conducted under to § 82.158(i) show that a previously certified model line fails to meet EPA requirements. Such notification must be received within thirty days of the retest or inspection. ■ 10. Revise § 82.161 to read as follows: § 82.161 Technician certification. Until [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER], this section applies only to technicians and organizations certifying technicians that maintain, service, or repair appliances containing class I and class II refrigerants. Starting on [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER], this section applies to technicians and organizations certifying technicians that maintain, service, or repair appliances containing any refrigerant as defined in § 82.152. (a) Requirements for Technicians. (1) Technicians must pass a certification exam offered by an approved technician E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules certification program to work on different types of appliances, as follows: (i) Technicians who maintain, service, or repair small appliances must be certified as Type I technicians. (ii) Technicians who maintain, service, repair, or dispose of medium-, high-, or very high-pressure appliances (except small appliances, MVACs, and MVAC-like appliances) must be certified as Type II technicians. (iii) Technicians who maintain, service, repair, or dispose of lowpressure appliances must be certified as Type III technicians. (iv) Excluding persons who exclusively dispose of small appliances, MVACs, and MVAC-like appliances, technicians who maintain, service, repair, or dispose of appliances as described in paragraph (a)(1)(i)–(iii) of this section must be certified as Universal technicians. (v) Technicians who maintain, service, or repair MVAC-like appliances must either be certified as Type II technicians or be certified by a training and certification program approved under § 82.40. (vi) Technicians who maintain, service, or repair MVAC appliances must be certified by a training and certification program approved under § 82.40. (2) Apprentices are exempt from the requirement in paragraph (a)(1) of this section provided the apprentice is closely and continually supervised by a certified technician while performing any maintenance, service, repair, or disposal that could reasonably be expected to release refrigerant from an appliance into the environment. The supervising certified technician and the apprentice have the responsibility to ensure that the apprentice complies with this subpart. (3) The Administrator may require technicians to demonstrate at their place of business their ability to perform proper procedures for recovering and/or recycling refrigerant. Failure to demonstrate or failure to properly use the equipment may result in revocation or suspension of the certificate. Failure to abide by any of the provisions of this subpart may also result in revocation or suspension of the certificate. If a technician’s certificate is revoked, the technician would need to recertify before maintaining, servicing, repairing, or disposing of any appliances. (4) Technicians certified under this section must keep a copy of their certificate at their place of business. (5) Recertification. The Administrator reserves the right to specify a requirement for technician recertification at some future date, if VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 necessary, by placing a notice in the Federal Register. (b) Requirements for Technician Certification Programs. (1) No technician training or testing program may issue certificates under this section unless the program complies with all the standards of this section and appendix D, and has been granted approval by the Administrator. (2) Program Approval. Persons may seek approval of any technician certification program (program), in accordance with this paragraph, by submitting to the Administrator at the address in § 82.160(a) verification that the program meets all the standards listed in appendix D. The Administrator reserves the right to consider other relevant factors to ensure the effectiveness of certification programs. If approval is denied under this section, the Administrator must give written notice to the program setting forth the basis for the determination. (3) Alternative Examinations. Programs are encouraged to make provisions for non-English speaking technicians by providing tests in other languages or allowing the use of a translator when taking the test. A test may be administered orally to any person who makes this request, in writing, to the program at least 30 days before the scheduled date for the examination. The written request must explain why the request is being made. (4) Proof of Certification. Programs certifying technicians must provide technicians with identification cards in accordance with section (f) of appendix D of this subpart. (5) Programs certifying technicians must maintain records in accordance with section (g) of appendix D of this subpart. (6) Starting January 1, 2018, programs certifying technicians, excluding Federally-run programs, must create and maintain a publicly-searchable database of technicians they have certified. (i) At a minimum, the database must include all technicians certified after January 1, 2017. (ii) The database must provide the first name, middle initial, and last name of the certified technician, the technician’s city of residence when taking the test, the type(s) of certification received, and the date each certification was completed. (iii) Programs certifying technicians must provide notice to technicians of their inclusion in the database in compliance with any other federal, state or local regulations, and give technicians the ability to opt out of being included in the database. PO 00000 Frm 00071 Fmt 4701 Sfmt 4702 69527 (7) If an approved program violates any of the above requirements, the Administrator may revoke approval in accordance with § 82.169. In such cases, the Administrator must give notice to the organization setting forth the basis for the determination. (c) Test Subject Material. A bank of test questions developed by the Administrator consists of groups, including a core group and technical groups. The Administrator will release this bank of questions only to approved technician certification programs. Each test for each type of certification must include at least 25 questions drawn from the core group and at least 25 questions drawn from each relevant technical group. These questions must address the subject areas in appendix D. ■ 11. Remove and reserve § 82.162: § 82.162 ■ [Reserved] 12. Revise § 82.164 to read as follows: § 82.164 Reclaimer certification. (a) All persons reclaiming used refrigerant for sale to a new owner must meet the following requirements: (1) Reclaim refrigerant to all the specifications in appendix A of this subpart (based on AHRI Standard 700– 2015, Specifications for Refrigerants) that are applicable to that refrigerant; (2) Verify that each batch of refrigerant reclaimed meets these specifications using the analytical methodology prescribed in appendix A, which includes the primary methodologies included in the appendix to the AHRI Standard 700–2015; (3) Release no more than 1.5 percent of the refrigerant during the reclamation process; (4) Dispose of wastes from the reclamation process in accordance with all applicable laws and regulations; and (5) Maintain records and submit reports in accordance with paragraph (d) of this section. (b) The owner or a responsible officer reclaiming used refrigerant for sale to a new owner, except for persons who properly certified under this section before May 11, 2004, must certify to the Administrator at the address in § 82.160(a) that they will meet the requirements in paragraph (a) of this section. The certification must include the name and address of the reclaimer and a list of equipment used to reclaim the refrigerant to the required standard, and to analyze the refrigerant to ensure it meets these specifications. (c) Certificates are not transferable. In the event of a change in ownership of an entity which reclaims refrigerant, the new owner of the entity must certify with the Administrator within 30 days E:\FR\FM\09NOP3.SGM 09NOP3 69528 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules of the change of ownership under this section. In the event of a change in business management, location, or contact information, the owner of the entity must notify EPA within 30 days of the change at the address in § 82.160(a). (d) Recordkeeping and reporting. (1) Reclaimers must maintain records of the analysis conducted to verify that reclaimed refrigerant meets the necessary specifications in paragraphs (a)(1) and (a)(2) of this section. (2) Reclaimers must maintain records of the names and addresses of persons sending them material for reclamation and the quantity of the material (the combined mass of refrigerant and contaminants) by refrigerant type sent to them for reclamation. Such records must be maintained on a transactional basis for three years. (3) Reclaimers must report to the Administrator annually within 30 days of the end of the calendar year the total annual quantity of material (the combined mass of refrigerant and contaminants) by refrigerant type sent to them for reclamation, the total annual mass of each refrigerant reclaimed, and the total annual mass of waste products. (e) Failure to abide by any of the provisions of this subpart may result in revocation or suspension of the certification of the reclaimer in accordance with § 82.169. In such cases, the Administrator must give notice to the organization setting forth the basis for the determination. ■ 13. Amend section 82.166 by: ■ a. Removing and reserving paragraphs (a) through (i), and (l); and ■ b. Revising paragraph (m). Revisions to read as follows: § 82.166 Reporting and recordkeeping requirements. (a)–(i) [Reserved] * * * * (l) [Reserved] (m) All records required to be maintained pursuant to this section must be kept for a minimum of three years unless otherwise indicated. * * * * * ■ 14. Amend subpart F by revising appendix A to read as follows: srobinson on DSK5SPTVN1PROD with PROPOSALS3 * APPENDIX A TO SUBPART F OF PART 82—SPECIFICATIONS FOR REFRIGERANTS This appendix is based on the AirConditioning, Heating, and Refrigeration Institute Standard 700–2015, Specifications for Refrigerants. Section 1. Purpose 1.1 Purpose. The purpose of this standard is to evaluate and accept/reject refrigerants VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 regardless of source (i.e., new, reclaimed and/or repackaged) for use in new and existing refrigeration and air-conditioning products as required under 40 CFR part 82. 1.1.1 Intent. This standard is intended for the guidance of the industry including manufacturers, refrigerant reclaimers, repackagers, distributors, installers, servicemen, contractors and for consumers. 1.1.2 Review and Amendment. This standard is subject to review and amendment as the technology advances. Section 2. Scope 2.1 Scope. This standard specifies acceptable levels of contaminants (purity requirements) for various fluorocarbon and other refrigerants regardless of source and lists acceptable test methods. These refrigerants are as referenced in the ANSI/ ASHRAE Standard 34 with Addenda: 2.1.1 Single-Component Fluorocarbon Refrigerants: R–11, R–12, R–13, R–22, R–23, R–32, R–113, R–114, R–115, R–116, R–123, R–124, R–125, R–134a, R–141b, R–142b, R– 143a, R–152a, R–218, R–227ea, R–236fa, R– 245fa, R–1233zd(E), R–1234yf, R–1234ze(E); 2.1.2 Single Component Hydrocarbon Refrigerants: R–50, R–170, R–E170, R–290, R–600, R–600a, R–601, R–601a, R–610, R– 1150, R–1270; 2.1.3 Carbon Dioxide Refrigerant: R–744; 2.1.4 Zeotropic Blend Refrigerants: R– 401A, R–401B, R–402A, R–402B, R–403A, R– 403B, R–404A, R–405A, R–406A, R–407A, R– 407B, R–407C, R–407D, R–407E, R–407F, R– 408A, R–409A, R–409B, R–410A, R–410B, R– 411A, R–411B, R–412A, R–413A, R–414A, R– 414B, R–415A, R–415B, R–416A, R–417A, R– 417B, R–417C, R–418A, R–419A, R–419B, R– 420A, R–421A, R–421B, R–422A, R–422B, R– 422C, R–422D, R–422E, R–423A, R–424A, R– 425A, R–426A, R–427A, R–428A, R–429A, R–430A, R–431A, R–434A, R–435A, R–437A, R–438A, R–439A, R–440A, R–442A, R–444A, R–444B, R–445A, R–446A, R–447A, R–448A, R–49A, R–450A; 2.1.5 Zeotropic Hydrocarbon Blend Refrigerants: R–432A, R–433A, R–433B, R– 433C, R–436A, R–436B, R–441A, R–443A; and 2.1.6 Azeotropic Blend Refrigerants: R– 500, R–502, R–503, R–507A, R–508A, R– 508B, R–509A, R–510A, R–511A, and R– 512A. Section 3. Definitions 3.1 Definitions. All terms in this appendix will follow the definitions in § 82.152 unless otherwise defined in this appendix. 3.2 Shall, Should, Recommended, or It Is Recommended shall be interpreted as follows: 3.2.1 Shall. Where ‘‘shall’’ or ‘‘shall not’’ is used for a provision specified, that provision is mandatory if compliance with this appendix is claimed. 3.2.2 Should, Recommended, or It is Recommended is used to indicate provisions which are not mandatory but which are desirable as good practice. Section 4. Characterization of Refrigerants and Contaminants 4.1 Characterization. Characterization of single component fluorocarbon (Table 1A) PO 00000 Frm 00072 Fmt 4701 Sfmt 4702 and zeotropic/azeotropic blend (Table 2A/3) refrigerants and contaminants are listed in the following general classifications: 4.1.1 Isomer content (see Table 1A) 4.1.2 Air and other non-condensables (see Tables 1A, 2A, 3) 4.1.3 Water (see Tables 1A, 2A, 3) 4.1.4 All other volatile impurities (see Tables 1A, 2A, 3) 4.1.5 High boiling residue (see Tables 1A, 2A, 3) 4.1.6 Halogenated unsaturated volatile impurities (see Table 1A) 4.1.7 Particulates/solids (see Tables 1A, 2A, 3) 4.1.8 Acidity (see Tables 1A, 2A, 3) 4.1.9 Chloride (see Tables 1A, 2A, 3) 4.2 Hydrocarbon Characterization. Characterization of hydrocarbon refrigerants (Tables 1B and 2B) and contaminants are listed in the following general classifications: 4.2.1 Nominal composition 4.2.2 Other allowable impurities 4.2.3 Air and other non-condensables 4.2.4 Sulfur odor 4.2.5 High boiling residue 4.2.6 Particulates/solids 4.2.7 Acidity 4.2.8 Water 4.2.9 All other volatile impurities 4.2.10 Total C3, C4, and C5 polyolefins 4.3 Carbon Dioxide Characterization. Characterization of carbon dioxide (Table 1C) and its contaminants are listed in the following general classifications: 4.3.1 Purity 4.3.2 Air and other non-condensables 4.3.3 Water 4.3.4 High boiling residue 4.3.5 Particulates/solids Section 5. Sampling and Summary of Test Procedures 5.1 Referee Test. The referee test methods for the various contaminants are summarized in the following paragraphs. Detailed test procedures are included in Appendix C to AHRI Standard 700. If alternative test methods are employed, the user must be able to demonstrate that they produce results at least equivalent to the specified referee test method. 5.2 Refrigerant Sampling 5.2.1 Sampling Precautions. Special precautions should be taken to ensure that representative samples are obtained for analysis. Sampling shall be done by qualified personnel following accepted sampling and safety procedures. Refrigerants with critical temperatures near or below ambient temperature cannot be reliably sampled for both liquid and vapor phase without special handling. Note: Flammable refrigerants which are ASHRAE 34 class 2L, 2, or 3 present additional safety challenges and require additional measures for sampling safety procedures compared to nonflammable halocarbons documented in this standard. 5.2.2 Cylinder Preparation. Place a clean, empty sample cylinder with the valve open in an oven at 110 °C (230 °F) for one hour. Remove it from the oven while hot, immediately connect it to an evacuation system and evacuate to less than 56 kPa. Close the valve and allow it to cool. Weigh the empty cylinder. E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 5.2.3 Vapor Phase Sampling. A vapor phase sample shall be obtained for determining the non-condensables. The source temperature shall be measured and recorded at the time the sample is taken. 5.2.3.1 Special Handling for Low Critical Temperature Refrigerant. A vapor phase sample is required to determine noncondensables and volatile impurities, including other refrigerants. The vapor phase sample is obtained by regulating the sample container temperature to 5 K or more above the refrigerant critical temperature. 5.2.3.2 Handling for Liquid Refrigerants with Boiling Points Near or Above Room Temperature. Since R–11, R–113, R–123, R– 141b, R–245fa, and R–1233zd(E) have normal boiling points near or above room temperature, non-condensable determination is not required for these refrigerants. Note: Non-condensable gases, if present, will concentrate in the vapor phase of the refrigerant; care must be exercised to eliminate introduction of either air or liquid phase refrigerant during the sample transfer. 5.2.4 Liquid Phase Sampling. A liquid phase sample is required for all tests listed in this standard except the test for noncondensables. 5.2.4.1 Liquid Sampling. Accurate analysis requires that the sample cylinder, at ambient temperature, be filled to at least 60% by volume; however, under no circumstances should the cylinder be filled to more than 80% by volume. This can be accomplished by weighing the empty cylinder and then the cylinder with refrigerant. When the desired amount of refrigerant has been collected, close the valve(s) and immediately disconnect the sample cylinder. Note: Care should be taken to ensure that all connections and transfer lines are dry and evacuated to avoid contaminating the sample. Note: Low critical temperature refrigerants can have extremely high pressure and the sampling vessel, all connections, and transfer lines must be designed to handle high pressures. 5.2.4.2 Special Handling for Low Critical Temperature Refrigerant. A liquid phase sample is required for all testing except volatile impurities, including other refrigerants. The liquid phase sample is obtained by regulating the sample cylinder temperature to 2 °C below the critical temperature of the refrigerant. Note: If free water is present in the sample, cooling to below 0 °C may result in the formation of ice. Clathrates may form at temperatures above 0 °C with some fluorocarbon refrigerants. 5.2.4.3 Record Weight. Check the sample cylinder for leaks and record the gross weight. 5.3 Refrigerant Identification. The required method shall be gas chromatography (GC) as described in Appendix C to AHRI Standard 700–2015 with the corresponding gas chromatogram figures as illustrated in Informative Appendix D to AHRI Standard 700. The chromatogram of the sample shall be compared to known standards. 5.3.2 Alternative Method. Determination of the boiling point and boiling point range is an acceptable alternative test method VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 which can be used to characterize refrigerants. The test method shall be that described in the Federal Specification for ‘‘Fluorocarbon Refrigerants,’’ BB–F–1421 B, dated March 5, 1982, section 4.4.3. 5.3.3 Required Values. The required values for boiling point and boiling point range are given in Table 1A, Physical Properties of Single Component Refrigerants; Table 1B, Physical Properties of Zeotropic Blends (400 Series Refrigerants); and Table 1C, Physical Properties of Azeotropic Blends (500 Series Refrigerants). 5.4 Water Content. 5.4.1 Method. The Coulometric Karl Fischer Titration shall be the primary test method for determining the water content of refrigerants. This method is described in Appendix C to AHRI Standard 700–2015. This method can be used for refrigerants that are either a liquid or a gas at room temperature. For all refrigerants, the sample for water analysis shall be taken from the liquid phase of the container to be tested. 5.4.2 Limits. The value for water content shall be expressed in parts per million (ppm) by weight and shall not exceed the maximum specified in Tables 1A, 1B, 1C, 2A, 2B, and 3. 5.5 Conductivity. (Alternative to chloride and acidity tests). 5.5.1 Method. A refrigerant may be tested for conductivity as an indication of the presence of acids, metal chlorides, and any compound that ionizes in water. This alternative procedure is intended for use with new or reclaimed refrigerants, however, significant amounts of oil can interfere with the test results. 5.5.2 Limits. The value for conductivity shall be converted to and expressed in ppm by weight calculated as HCl and shall be compared with the maximum acidity value specified (see in Tables 1A, 1B, 1C, 2A, 2B, and 3). If the conductivity is above this amount, then the chloride and acidity tests shall be conducted. If the conductivity is not greater than this amount, then the chloride and acidity tests may be omitted. 5.6 Chloride. The refrigerant shall be tested for chloride as an indication of the presence of hydrochloric acid and/or metal chlorides. The referee procedure is intended for use with new or reclaimed halogenated refrigerants; however, high boiling residue in excess of the amounts in Tables 1A, 1B, 1C, 2A, 2B, and 3 can interfere with the test results. 5.6.1 Method. The test method shall be that described in Appendix C to AHRI Standard 700–2015. The test will show noticeable turbidity at chloride levels of about 3 ppm or greater by weight. 5.5.2 Limits. The results of the test shall not exhibit any sign of turbidity. Report the results as ‘‘pass’’ or ‘‘fail.’’ 5.7 Acidity. 5.7.1 Method. The acidity test uses the titration principle to detect any compound that is soluble in water and ionizes as an acid. The test method shall be that described in Appendix C to AHRI Standard 700–2015. This test may not be suitable for determination of high molecular weight organic acids; however these acids will be found in the high boiling residue test PO 00000 Frm 00073 Fmt 4701 Sfmt 4702 69529 outlined in Section 5.8. The test requires a 50 to 60 gram sample and has a detection limit of 0.1 ppm by weight calculated as HCl. 5.7.2 Limits. The value for acidity shall be expressed in ppm by weight as HCl and shall not exceed the limits in Tables 1A, 1B, 2A, 2B, and 3. 5.8 High Boiling Residue. 5.8.1 Method. High boiling residue shall be determined by either volume or weight. The volume method measures the residue from a standard volume of refrigerant after evaporation. The gravimetric method is described in Appendix C to AHRI Standard 700–2015. Oils and/or organic acids will be captured by these methods. 5.8.2 Limits. The value for high boiling residue shall be expressed as a percentage by volume or weight and shall not exceed the maximum percent specified in Tables 1A, 1B, 1C, 2A, 2B, and 3. 5.9 Particulates and Solids. 5.9.1 Method. A measured amount of sample shall be placed in a Goetz bulb under controlled temperature conditions. The particulates/solids shall be determined by visual examination of the Goetz bulb prior to the evaporation of refrigerant. For details of this test method, refer to Part 3 of Appendix C to AHRI Standard 700–2015. Note: R–744 will partially sublimate when measuring a known amount of liquid sample into the dry Goetz bulb and the solid R–744 will interfere with the visual examination of particulates/solids. Determining the particulates/solids shall be completed by visual examination of the Goetz bulb after the evaporation of the refrigerant. 5.9.2 Limits. Visual presence of dirt, rust, or other particulate contamination is reported as ‘‘fail.’’ 5.10 Non-Condensables. 5.10.1 Method. A vapor phase sample shall be used for determination of noncondensables. Non-condensable gases consist primarily of air accumulated in the vapor phase of refrigerants where the solubility of air in the refrigerant liquid phase is extremely low and air is not significant as a liquid phase contaminant. The presence of non-condensable gases may reflect poor quality control in transferring refrigerants to storage tanks and cylinders. The test method shall be gas chromatography with a thermal conductivity detector as described in Appendix C to AHRI Standard 700–2015. 5.10.2 Limits. The maximum level of noncondensables in the vapor phase of a test sample shall not exceed the maximum at 25 °C as shown in Tables 1A, 1B, 1C, 2A, 2B, and 3. 5.11 All Other Volatile Impurities and/or Other Refrigerants. 5.11.1 Method. The amount of volatile impurities including other refrigerants in the subject refrigerant shall be determined by gas chromatography as described in Appendix C to AHRI Standard 700–2015. 5.11.2 Limits. The test sample shall not contain more than 0.5% by weight of volatile impurities including other refrigerants as shown in Tables 1A, 1B, 1C, 2A, 2B and 3. 5.12 Total C3, C4 and C5 Polyolefins in Hydrocarbon Refrigerants. 5.12.1 Method. The amount of polyolefin impurities in the hydrocarbon shall be E:\FR\FM\09NOP3.SGM 09NOP3 69530 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS3 determined by gas chromatography as described in GPA STD 2177—Natural Gas Liquid Mixtures Containing Nitrogen and Carbon Dioxide. 5.12.2 Limits. The test sample shall not contain more than 0.05% by weight in the hydrocarbon sample as shown in Tables 1B and 2B. Report the results as ‘‘pass’’ or ‘‘fail.’’ 5.13 Sulfur Odor in Hydrocarbon Refrigerants. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 5.13.1 Method. The amount of sulfur containing compounds or other compounds with an odor shall be determined by ASTM method D1296, Odor of Volatile Solvents and Diluents. 5.13.2 Limits. The test sample paper shall not emit a residual sulfur odor as shown in Tables 1B and 2B. PO 00000 Frm 00074 Fmt 4701 Sfmt 4702 Section 6. Reporting Procedure 6.1 Reporting Procedure. The source (manufacturer, reclaimer, or repackager) of the packaged refrigerant shall be identified. The refrigerant shall be identified by its accepted refrigerant number and/or its chemical name. Maximum allowable levels of contaminants are shown in Tables 1A, 1B, 1C, 2A, 2B, and 3. Test results shall be tabulated in a similar manner. E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 VerDate Sep<11>2014 Jkt 238001 Reporting Units PO 00000 CHAR.4CT!JRISTIC8: Boiling Point ... ·· 1 Frm 00075 Boiling Point Range ... ' oc@ 101.3 .. R-11 R-12 ·. .. R-13 R-22 R-23 .· •••• R-32 R-113 ... : R-114 ; kPa 0 K Isomer Content 23.7 -29.8 -81.5 -40.8 -82 -51.7 N/A ± 0.3 ± 0.3 ± 0.5 ± 0.3 ±0.5 ±0.3 ± 0.3 ± 0.3 N/A 198 112 28.9 96.2 26.1 78.1 214.1 145.7 %by weight Critical Temperature 1 N/A oc 1 Fmt 4701 TlAFOl?.PR4.SE.COb'tAM11\t4NFS: Reference Section N/A N/A N/A N/A N/A N/A N/A 0-1 R-133a 0-30 R-144a •• Sfmt 4725 Air and Other Non-condensables, Maximum J.;/QUIJ)PHASE CONTANllNANJ'$: .· %by volume @25.0 oc • ·.· ·.·•·· ..·. ..· N/A 5.10 ; .·. . ·· .·· 2 . ·.. ·.. .. 1.5 : .· <. ·. .· 1.5 · ... 1.5 ·· ... > .• 1.5 .· <> ·.· ••• 47.6 1.5 .. ·· N/A 2 ......... · 3.6 .. 1.5 : .. E:\FR\FM\09NOP3.SGM 09NOP3 Water, Maximum All Other Volatile Impurities, Maximum ppm by weight %by weight 5.4 5.11 20 0.5 10 0.5 10 0.5 10 0.5 10 0.5 10 0.5 20 0.5 10 0.5 High Boiling Residue, Maximum %by volume or %by weight 5.8 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 Particulates/Solids Pass or Fail 5.9 Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Acidity, Maximum ppm by weight (as HCl) 5.7 1 1 1 1 1 1 1 1 No No No No No No No No Pass or Fail 5.6 visible turbidity visible turbidity visible turbidity visible turbidity visible turbidity visible turbidity visible turbidity visible turbidity Chloride 3 ... .··. Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 05:04 Nov 07, 2015 Table lA. Single Component Fluorocarbon Refrigerants and their Allowable Levels of Contaminants 69531 EP09NO15.304</GPH> srobinson on DSK5SPTVN1PROD with PROPOSALS3 69532 VerDate Sep<11>2014 Jkt 238001 PO 00000 1 R-115 .. . >> . t;]iARACTE!UST!CS.' . R-116 R-123 ... ·.. ·.··.·.. . . R-124 . . R-125 R-134a .. . .. R-141b . ·. ; .. · .·• Frm 00076 Fmt 4701 oc@ 101.3 kPa N/A -38.9 -78.2 27.8 -12 -48.1 -26.1 Boiling Point Range K N/A ± 0.3 ± 0.3 ± 0.3 ± 0.3 ± 0.3 ± 0.3 ± 0.3 Critical Temperature 1 oc N/A 80 19.9 183.7 122.3 66 101.1 206.8 Isomer Content %by weight N/A N/A N/A 0-8 R-123a+ R-123b 0-5 R-124a N/A 0-0.5 R-134 0-0.lea R-141, R-14la VAPOR PHASe CONTAMINA.N;'$:; .·· ... 32 1 Boiling Point Sfmt 4725 Air and Other Non-condensables, Max. •. . >'( · .·.· .· .i. .. • %by volume @ 25.0 oc Water, Max. E:\FR\FM\09NOP3.SGM All Other Volatile Impurities, Max. High Boiling Residue, Max. Particulates/Solids 09NOP3 Acidity, Max. ·• ... ··.· .. ·. < 5.10 .. . 1.5 1.5 :. . LIQUIDPHA$E .C0NTAA:.1JN;LWS:. Chloride 3 EP09NO15.305</GPH> Reference Section Reporting Units . . • . •• N/A 2 . ·...·. 1.5 ·. . 1.5 .... ··. . 1.5 . . N/A . .. 2 . ·.· . ppm by weight 5.4 10 10 20 10 10 10 100 %by weight 5.11 0.5 0.5 0.5 0.5 0.5 0.5 0.9 %by volume or %by weight 5.8 0.01 O.Dl O.Dl 0.01 0.01 0.01 0.01 Pass or Fail 5.9 Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean ppm by weight (asHCl) 5.7 1 1 1 1 1 1 1 Pass or Fail 5.6 No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 05:04 Nov 07, 2015 Table 1A. Single Component Fluorocarbon Refrigerants and their Allowable Levels of Contaminants (continued) srobinson on DSK5SPTVN1PROD with PROPOSALS3 VerDate Sep<11>2014 Reporting Units CI:l4ftACTElflSTICS: ·.. ... .... Jkt 238001 Boiling Point 1 .. R-143a ..·... R-152a •. . ···. R-218 .. '· .·... . .. R-1234yf ...· ··. .. R1234ze(E) ... . 1 -16.5 -1.4 14.9 18.3 -29.4 -19 K N/A -- ±0.3 ±0.3 ±0.3 -- ±0.3 ±0.3 -- N/A N/A oc N/A 137.1 72.7 113.3 72 1017 124.9 154.1 165.6 94.8 109.4 N/A 0-0.lca R-142, R-142a 0-0 01 R-143 -- 0-0.lea R-245ca, R-245cb, R-245ea, R-245eb -- N/A 0.3 R1234ze(Z) Frm 00077 -36.8 PO 00000 -24 %by weight Fmt 4701 %by volume @.25.0 oc ·.· . ··... .. . ;. ·.·.· 5.10 . ... ·.· 1.5 , ..........· •...· ··.· -- -- .. , .;· 2 . N/A 1.5 ., . .... . ., ..•.. 1.5 Sfmt 4725 E:\FR\FM\09NOP3.SGM ppm by weight 5.4 15 10 10 10 All Other Volatile Impurities, Max. %by weight 5.11 0.5 0.5 0.5 %by vohune or %by weight 5.8 0.01 0.01 Pass or Fail 5.9 Visually dean ppm by weight (asHCl) 5.7 3 ... .. ····· . ·...· :, ..... ..· .·· ... ?·. N/A 2 1.5 1.5 /. Water, Maximum Acidity, Max. . ·. ; R1233zd(E) R-245fa -47.2 . UQPIDPHASE CONTAMINAN;FS: .. ., Particulates/Solids R-236fa -9.2 VAP0RPHAS13 Catv£ £n7•"''vTS: High Boiling Residue, Max. R-227ea N/A Isomer Content Air and Other Noncondensables, Max. ..... · .. R-142b oc@ 1013 kPa Boiling Point Rangc 1 Critical Temperature Reference Section ·.· . ·· .. ·.. ·· N/A 2 ; ..... ..... . .. ··.·· 1.5 .· ... , < 1.5 . : •.·· 10 10 20 20 10 10 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0 Lll 001 (JOl 0.01 0.01 LUll 0.01 (JOl Visually dean Visually clean Visually dean Visually dean Visually clean Visually dean Visually dean Visually clean Visually dean 1 1 1 l 1 1 1 1 l 09NOP3 No No visible visible turbidity lurbidily 1. Boiling points, boiling point ranges, and critical temperatures, although not required, are provided for infonnational purposes. Refrigerant data compiled from Refprop 9 .1. 2. Since R-11, R-113, R-123, R-141 b, R-245ta, and R-1233zd(E) have normal boiling points near or above room temperature, non-condensable determinations are not required for these refrigerants. 3. Recognized chloride level for pass/fail is about 3 ppm -- Data Not Available Chloride 3 Pass or Fail 5.6 No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity .·• Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 05:04 Nov 07, 2015 Table lA. Single Component Fluorocarbon Refrigerants and their Allowable Levels of Contaminants (continued) 69533 EP09NO15.306</GPH> srobinson on DSK5SPTVN1PROD with PROPOSALS3 69534 VerDate Sep<11>2014 . · CH;4RACTERIS1'!CS:· · ·• Jkt 238001 Boiling Point PO 00000 Other Allowable Impurities .•• R-600a . " • -88.6 -24.8 -42.1 -0.5 -11.8 K ±0.5 ±0.5 ±0.5 ±0.5 ±0.5 %weight 99.5 99.5 99.5 99.5 %weight NIA NIA NIA 2 (see footnote 2 ) Frm 00078 Fmt 4701 High Boiling Residue, Max. ... ... ·· .. · · • ..·· ·:·.·. ·.. ·· .•.. ·. :· Sfmt 4725 . ~iOUll)PUASiJ C01V1'A}viJNANtS4:.' .. E:\FR\FM\09NOP3.SGM 09NOP3 EP09NO15.307</GPH> > R-600 -161.5 :·. · ·. .· .• 1.5 1.5 .. . . .. 1.5 R-601 ··•·····. R-601a . : R-610 R-1150 R-1270 ... . •· .·•. 27.8 34.6 -103.8 -47.6 ±0.5 ±0.5 ±0.5 ± 0.5 ±0.5 ±0.5 99.5 ••••• ' ; < 36.1 99.5 99.5 99.5 99.5 99.5 99.5 2 (see footnote 2) 2 (see footnote 2) 0-1 R-GOla 0-1 R-601 NIA NIA 0-1 R-290 ... • ••• ·.:· 1.5 1.5 .·~ ... :·· : :·' .· .. 1.5 ···: .....•... 1.5 •... ' .. ·· 1.5 .. •• .. •. : 1.5 : : :· .. 1.5 :·. .. : 1.5 .:•·.·· No sulfur odor No sulfur odor No sulfur odor No sulfur odor No sulfur odor .. ····.··.:·...·· .• No sulfur odor No sulfur odor No sulfur odor 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean 1 1 1 1 1 1 1 1 1 1 1 mg kg- 1 10 10 10 10 10 10 10 10 10 10 10 %weight 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.05 0.05 0.05 0.05 0.05 0.05 •••••• Pass or Fail No sulfur odor No sulfur odor %weight 0.01 0.01 Pass or Fail Visually clean Acidity, Max. ppm by weight (as HCl) Water, Max. All Other Volatile Impurities, Max. Particulates/Solids R-290 . ···• VAP.OR.PHflSE CGNf.;AA;UN~TS~:· Air and Other Non%by condensables, volume (ciJ, 25.0 oc Maximum Sulfur Odor R-E170 . kPa 1 R-170 .. · oc at ··.·· 101.3 1 Boiling Point Range Minimum Nominal Composition R-50 : . .·····No sulfur odor .....·.·.·•·.. ...· ·· . ·• Total C3, C4 and CS %weight 0.05 0.05 0.05 0.05 0.05 Polyolefms, Max. 1. Boiling points, hoi ling point ranges, although not required, are provided for infonnational purposes. 2. 2% of other C3 and C4 saturated hydrocarbons are allowed 3.Taken from vapor phase 4. Vaporized from liquid phase .· ·: ..... : ·.> ··<· . .. . ·· ..... · .: : Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 05:04 Nov 07, 2015 Table lB. Single Component Hydrocarbon Refrigerants and their Allowable Levels of Contaminants Reporting Units srobinson on DSK5SPTVN1PROD with PROPOSALS3 VerDate Sep<11>2014 Reference Section Reporting Units Jkt 238001 ·{:JtARA(3'l'J?;Rl'irTCS: .···· :. . ·. R-401A R-401B R-402A .. . \ .•..•. >.• • i •••• • .. R-403A R-402B .... .. .. . R-125/ 290/22 ••• ••••• R-125/ 290/22 60 0/2.0/ · 38.0/2.0 /380 /60.0 i •• ·: · .. R-404A . .• R-405 :. .... · .< NIA NIA R-221 152a/124 Nominal Composition %by weight NIA 53113/34 61/11/28 Allowable Composition %by weight NIA 51-55/11.513.5/33-35 59-63/9.511.5/27-29 58.0-62.0/ 10-2.1/ 36.0-40.0 36 0-40 0/ 10-2.1/ 58.0-62.0 3-5.2/ 73-77/ 18-22 3-5.2/ 54-58/ 37-41 42-46/ 51-53/ 2-6 -33.3 -34.9 -49 -47 -47.8 -49.2 -46.2 -32.9 -24.5 Refrigerant Components PO 00000 Frm 00079 Bubble Point 1 R-221 152a/124 R-403B R-290/ 22/218 R-290/ 22/218 R-125/ 143a/134a 5/75/20 5/56/39 44/52/4 NIA oc@ 101.3 kPa NIA -26.4 -28.8 -46.9 -44.7 -44.3 -46.8 oc NIA 105.3 103.5 76 83 87 79.7 72.1 DewPuinl Sfmt 4725 f 45/7/5.5/42. 5 43-47/ 6-8/ 4.5-6.5/ 40.5-44.5 -45.5 Critical Temperature 1 Fmt 4701 oc@ 101.3 kPa 1 R-22/152a/ 142b/C318 fi:4J>()R PH.![S~ "'r."'" 'T' :'~ "'""v"fS: ·.: Air and Other Noncondensables, Max. E:\FR\FM\09NOP3.SGM I!QTJin PHAST? rn1<l7::4J Waler,Max. All Other Volatile Impurities, Max. High Boiling Residue, Max. 09NOP3 Particulates/Solids Acidity, Max. Chluride 2 . • %by volume ca? 25 0 oc 11(1[ANT& . ·. ·.·.. ·.·.·. .. :> ;. 5.10 . ;, . . 1.5 .·.. •··· ...... . . ···••· 1.5 > .. .. :• . 1.5 : .• ·•. :. .·.·. ·•··...•.... ·.. 1.5 /. .• .·· ···. .•·• •. · .. ···:· ..••• •... : > 1.5 . . •.·.·. 1.5 . •.•·.·. . ·. 106 > <; ·:. · .....·..····•··..·.· . . .• : 1.5 ·.·.·.. . .:: 1.5 ..··.· . ·.·: ppm by weighl 5.4 10 10 10 10 10 10 10 10 %by weight 5.11 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 'Yo by volume or %by weighl 5.8 0.01 0.01 0.01 0.01 0.01 0.01 O.ol 0.01 Pass or Fail 5.9 Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean ppm by weight (as HCl) 5.7 1 1 1 1 1 1 1 1 Pass or Fail 5.6 No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity :: Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 05:04 Nov 07, 2015 Table 2A. Zeotropic Blends (400 Series Refrigerants) and their Allowable Levels of Contaminants 69535 EP09NO15.308</GPH> srobinson on DSK5SPTVN1PROD with PROPOSALS3 69536 VerDate Sep<11>2014 CHARACTERiSTICS: ·.··. Reference Section Jkt 238001 .· .·· R-406A R-407A R-407B R-407C R-407D R-407E ...... ....· ·.•. R-407F . . .. < R-408A . .. .··· .. .··· . ·.· PO 00000 Frm 00080 N/A N/A ' ••••• R-22/600a/ 142b R-32/ 125/l34a Nominal Composition %by weight N/A 55/4/41 20/40/40 10/70/20 23/25/52 15/l5/70 25/l5/60 30.0/30.0/4 0.0 7/46/47 Allowable Composition %by weight N/A 53-57/ 3-5/ 40-42 18-22/ 38-42/ 38-42 8-12/ 68-72/ 18-22 21-25/ 23-27/ 50-54 l3-l7/ l3-l7/ 68-72 23-27/ l3-l7/ 58-62 28.0-32.0/ 28.0-32.0/ 38.0-42.0 5-91 45-47/ 45-49 Refrigerant Components Bubble Point 1 Fmt 4701 DewPoint 1 Critical Temperature 1 Sfmt 4725 VAPOR PHASE CONJ'AMINAfVT.S: Air and Other Noncondensables, Max. E:\FR\FM\09NOP3.SGM LIQUID PHASBC@NTAMil'{ANFS: oc@ 101.3 ••••••• • R-32/ 125/l34a R-32/ 125/l34a R-32/ 125/l34a R-32/ 125/l34a R-125/ 143a/22 -32.7 -45.3 -46.8 -43.6 -39.5 -42.9 -46.1 -44.6 N/A -23.5 -38.9 -42.5 -36.6 -32.9 -35.8 -39.7 -44.1 oc N/A 116.5 82.3 86 91.4 83 83.1 .. · ··. ·.··. •. . .. ·..•• ·..·. ••• %by volume @ 25.0 oc .. . 1.5 5.10 . . . 75 .\ .·· •••• • 1.5 .·. .·· 1.5 09NOP3 10 All Other Volatile Impurities, Max. %by weight 5.11 0.5 0.5 High Boiling Residue, Max. %by volume or%by weight 5.8 0.01 Particulates/Solids Pass or Fail 5.9 ppm by weight Pass or Fail 1.5 ... ·· . 10 ·.·. . •• . ··· 88.5 ... 1.5 ... . 10 Chloride 2 ···.·· R-32/ 125/l34a N/A 5.4 Water, Max. .·.··· kPa oc@ 101.3 kPa ppm by weight Acidity, Max. EP09NO15.309</GPH> . ·. Reporting Units .·· 1.5 .. 1.5 . 1.5 .. .. · ... ·. ·.··. 10 10 10 10 10 0.5 0.5 0.5 0.5 0.5 0.5 0.01 0.01 0.01 0.01 0.01 0.01 0.01 Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean 5.7 l l l l l l l l 5.6 No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity . Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 05:04 Nov 07, 2015 Table 2A. Zeotropic Blends (400 Series Refrigerants) and their Allowable Levels of Contaminants (continued) srobinson on DSK5SPTVN1PROD with PROPOSALS3 VerDate Sep<11>2014 Reporting Units Jkt 238001 CHA]MCTERIST!C~:· · ........... · . '' . ' Reference Section ·,,\ '•. R-409A R-410A . < .. R-409B R-412A ·.· ·> ... \ '•: .. .... ·'·. .· .. · R-413A . .·.· .··. • PO 00000 Frm 00081 N/A N/A Nominal Composition %by weight N/A 60/25/15 65/25110 50150 45/55 1.5/87.5/ 110 3/94/3 70/5/25 9/88/3 Allowable Composition %by weight N/A 58-62/ 23-27/ 14-16 63-67/ 23-27/ 9-11 48.5-50.5/ 49.5-51.5 44-46/ 54-56 0.5-1.5/ 87.5-89.5/ 10-11 2-3/94-96/ 2-3 68-72/ 3-7/ 24-26 8-10/ 86-90/ 2-3 N/A -34.7 -35.6 -51.4 -51.3 -39.5 -41.6 -38 -30.6 N/A -26.4 -27.9 -51.4 -51.6 -36.6 -40 -28.7 -27.9 71.4 70.8 99.1 96 1072 oc@ 1013 Bubble Poine kPa Fmt 4701 Sfmt 4725 oc@ 101.3 DewPoint 1 ¥W>QRPI1ASE C(/1v'TAl•vfiN4}:f(S: ••·· kPa oc Critical Ternperalure 1 Air and Other Noncom1ensahles, Max. %by volume @25.0 'C E:\FR\FM\09NOP3.SGM LJQUJD Pll1SE.CONTA.Af}N:41vTS: 09NOP3 Particulates/Solids Water, Maximum NIA . ' . >, 5.10 ·. . ·...•. ••·,··.·. 106.9 < .:·. . ·•.· 1.5 . •• · R-32/125 R-411B R-22/ 1241142b Refrigerant Components R-22/ 124/142b R-411A .·..· .. . ..... < ..·. .... .'·.·· .• ;• R-410B 106.9 .... .. . : . ··•· \ ·.•· 5.4 10 10 All Other Volatile Impurities, Max. %by weight 5.11 0.5 High Boiling Residue, Max. % hy volume or % by weight 5.8 Pass or Fail Acidity, Max. Chloride 2 R-22/218/ 142b R-218/ 134a/600a .. . 1.5 ·... ' ····•· ... •···· :: 1.5 . 98.5 ·.· : ·.· < •· •.•. > 1.5 .. ppm by weight R-1270/ 22/152a .. 1.5 ·: R-32/125 R-1270/ 22/152a .. .. ;'. 1.5 ..· •· ' : 1.5 ·.·. . . 1.5 : . .... . 10 10 10 10 10 10 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 5.9 Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean ppm by weight (as HCl) 5.7 1 1 1 1 1 1 1 1 Pass or Fail 5.6 No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 05:04 Nov 07, 2015 Table 2A. Zeotropic Blends (400 Series Refrigerants) and their Allowable Levels of Contaminants (continued) 69537 EP09NO15.310</GPH> srobinson on DSK5SPTVN1PROD with PROPOSALS3 69538 VerDate Sep<11>2014 Jkt 238001 ··CHAJMCT~fusTl:CS:•• .···· ••·· <·....•.• .. . R-414A R-414B R-415A .. .. : · ... .. . ..·· · .... .. .· .. . ···. · .......... • R-417A > R-417B ...... :: .. . PO 00000 Frm 00082 Fmt 4701 NIA %by weight NIA 510/28.5/ 4.0116.5 50.0/39.0/ 1.5/9.5 82.0/18.0 25.0175.0 59.0/39.5/ 15 46.6/50.0/ 3.4 79.0/18.3/ 2.7 %by weight NIA 49.0-53.0/ 26.5-30.5/ 3.5-4.5/ 15.5-17.0 48.0-52.0/ 37.0-410/ 10-2.0/ 8.5-10.0 810-830/ 17.0-19.0 24.0-26.0/ 74.0-76.0 58.0-59.5/ 39.0-40.5/ 1.3-1.6 45.5-47.7/ 49.0-510/ 3.0-3.5 78.0-80.0/ 17.3-19.3/ 2.2-2.8 Bubble Point 1 oc@ 101.3 kPa NIA -34 -32.9 -37.5 -27.7 -23.4 -38 -44 DewPoint 1 oc@ 1013 kPa NIA -25.8 -24.3 -34.7 -26.2 -218 -32.9 -41.5 110.7 111 111.3 108.2 89.9 Nominal Composition Allowable Composition oc Critical Temperature 1 .. ..·•·.·· %by volume @25.0 oc E:\FR\FM\09NOP3.SGM t/QrJlDP1!,1S~t:XX'lTil\1lN"~NfS:· ·• 09NOP3 Sfmt 4725 'r/AP()RPHASif;CONfAA<!li:ifANTS.•. . Particulates/Solids Walt:r,Max. •. ,,• ·. NIA . 5.10 . .. .. 15 ppm by weight 5.4 10 %by weight 5.11 High Boiling Residue, Max. %by volume or %by weight Acidity, Max. Chloride 2 ; 100 . .··. 15 . .. All Other Volatile Impurities, Max. R-22/152a . .• R-416A NIA Refrigerant Components R-221124/ 600a/142b R-415B R-221124/ 600a/142b Air and Other Non-condensablcs, Max. EP09NO15.311</GPH> Reference Section Reporting Units .·.····. . \ .·.······ 1.5 R-22/152a R-134a/ 124/600 R-125/ 134a/600 R-125/ 134a/600 .. • . ·. ••• •••••••••••• 1.5 . . ••• . ·· ·· ..· 15 .• 75.2 .·•· .· .•... •. 15 < . 15 . •••• .. . .> . .·.···•··· ···•· 10 10 10 10 10 10 0.5 0.5 0.5 0.5 0.5 0.5 0.5 5.8 0.01 0.01 0.01 0.01 0.01 0.01 0.01 Pass or Fail 5.9 Visually dean Visually dean Visually dean Visually dean Visually dean Visually dean Visually dean ppm by weight (asHCl) 5.7 1 1 1 1 1 1 1 Pass or Fail 5.6 No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 05:04 Nov 07, 2015 Table 2A. Zeotropic Blends (400 Series Refrigerants) and their Allowable Levels of Contaminants (continued) srobinson on DSK5SPTVN1PROD with PROPOSALS3 VerDate Sep<11>2014 (400 Series Refrigerants) and their Allowable Levels of Contaminants (continued) Reference Section .. . R-417C .· R-418A .. R-419A ... · •·.· .. •; NIA R-125/ 134a/600 R-290/ 22/l52a Nominal Composition %by weight NIA 19.5/78.8/ 1.7 1.5/96.0/ 2.5 R-125/ 134a/ E170 770/19.0/ 4.0 Allowable Composition %by weight NIA 18.5-20.5/ 77.8-79.8/ 1.2-18 1.0-2.0/ 95.0-97.0/ 2.0-3.0 76.0-78.0/ 18.0-20.0/ 3.0-5.0 Bubble Point1 NIA -32.7 -41.2 Fmt 4701 DewPoint 1 oc@ 101.3 kPa oc@ 1013 kPa oc N/A -29.2 -40.1 PO 00000 NIA Frm 00083 Jkt 238001 : CHAJv4CTEHIST1CS: Reporting Units : : ..... ·• Blend~ Refrigerant Components Critical Temperature 1 Sfmt 4725 •··J!APORPHASECONTA,11NANT$: Air and Other Non-condensables, Max. E:\FR\FM\09NOP3.SGM . LIQUIJ) Pl£.4SE COlvt~ili\~4N['S: · Water, Max. . i %by volume @25.0 oc ..•... ;· .. NIA . .· ......... 5.10 . \ 954 96.7 ·.• . •. . ·... 1.5 .. 1.5 . . R-125/ .. ·.··· ·.·.· · R-421A ... ·· . . ·· 84.1-86.1/ 10.5-12.5/ 3.0-3.5 54 0-:>6.0/ 410-43.0/ 2.5-3.1 -40.8 -45.7 -46.5 -40.5 -24.2 -35.5 -42.6 -44.1 -35.6 105.4 78.5 69 71.7 85.0115.0 47.5-49.5/ 47.0-49.0/ 3.0-4.0 88.0-89.0/ 11.0-12.0 57.0-59.0/ 41.0-43.0 -42.6 -37.4 -25 -36 -31.5 904 1.5 .. > 1.5 > .. :. • > '; ... ·•· 1.5 ·.·········· 1.5 .' ... 09NOP3 5.4 10 10 10 10 20 10 %by weight 5.11 0.5 0.5 0.5 0.5 0.5 %by volume or %by weight 5.8 O.Dl O.Dl O.Dl O.Dl 0.01 Particulates/Solids Pass or Fail 5.9 Visually clean Visuallv clean Visually Clean Visually clean ppm by weight (as HC1) 5.7 1 1 1 Pass or Fail 5.6 No visible turbidity No visible turbidity No visible turbidity ........··• 0.5 High Boiling Residue, Max. 85.7 ........ ;· 1.5 ppm by weight Chloride 2 .. 84.0-86.0/ 14.0-16.0 58.0/42.0 ; R-422B • R-125/ 134a/600 a 55.0/42.0 /3.0 88.0/12.0 79.1 R-422A R-125/ 134a/600 a 85.1111.5 /34 R-125/ 134a 134a/E17 0 48.5/48.0/ 3.5 All Other Volatile Impurities, Max. Acidity, Max. R-421B ·,. R-125/ 134a •• ••• .. R-420A . ·. R-134a/ 142b . ·.·. >· • .. R-419B ····· 10 · .... · ... ······ .. 1.5 ·.· 1.5 ·.·..·. :··. .. ...... 10 10 0.5 0.5 0.5 0.01 0.01 0.01 0.01 Visually clean Visually Clean Visually clean Visually clean Visually clean 1 1 1 1 1 1 No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 05:04 Nov 07, 2015 Table 2A. Zeotropic 69539 EP09NO15.312</GPH> srobinson on DSK5SPTVN1PROD with PROPOSALS3 69540 VerDate Sep<11>2014 Jkt 238001 tHAit4i:TER1STICS: R-422C R-422D ..... ... · R-422E ..... ; R-423A R-424A . . > R-425A ........ R-426A .. > ...• R-427A ... .' R-428A ... : .. · ·.·· .... PO 00000 R-32J134a J227ea R-125J134a J600J60la R-32J125J 143a/134a R-125 /143a J290J600a Frm 00084 Fmt 4701 NIA Refrigerant Components Nominal Composition NIA R-125J 134a/600a R-125J 134a/600a R-125J 134a/600a R-134a J227ea R-125J 134aJ600aJ 600J60la %by weight NJA g2 0/15 J3.0 o 65.1/30.5 J3.4 5g OJ393 J2.7 52.5J47.5 50.5J47.0 J0.91l.OJ0.6 1g 5/69 5 112.0 5.1/lJ3.0 11.3J0.6 15 OJ25 0 IIO.OJ50.0 77.5/20.0 J0.611.9 64.0-66 OJ 30.5-32.5J 3.0-3.5 57.0-59.0J 38.0-4l.OJ 2.5-3.0 515-53.5J 46.5-48.5 49.5-51.5J 46.0-48.0J 0.7-I.OJ 0.8-l.lJ 04-0 7 18.0-19.0J 09 0-70.0/ 11.5-12.5 4.1-6.11 92 0-94 OJ l.l-14J 04-0.7 l30-17.0J 23 0-270J 8.0-12.0J 48.0-52.0 76.5-78.5 /19.0-210 JOA-0.7 11.7-2.0 Sfmt 4725 Allowable Composition %by weight NJA 810-83.0J 14 O-l6.0J 2.5-3.1 Bubble Poine oc@ 101.3 kPa NJA -45.3 -43.2 -418 -24.2 -39.1 -38.1 -28.5 -43 -48.3 oc@ 1013 kPa NIA -42.3 -384 -364 -23.5 -33.3 -313 -26.7 -36.3 -47.5 oc NIA 76.1 79.6 87.5 93.9 100.2 85.3 DewPoint 1 Critical Temperature 1 .·VAPORi'l1AS1J CON'i;tiM1NAfY1~-' .. ·· ...· E:\FR\FM\09NOP3.SGM Air and Other Noncondensables, Max. %by volume @25.0 oc T.fQ/lflJ >ff:JSR<;()l\"[A?vfiw,4NJ'§.· Water, Max. 09NOP3 All Other Volatile Impurities, Max. High Boiling Residue, Max. Chloride 2 EP09NO15.313</GPH> Rderem:e Section .. ··.. • ,. • . .. 5.10 1.5 .. . ··· ppm by weight .•.· < 82.2 . .. ,. •' ·· .. .. · ... '·. .· 1.5 . ·•···· ..·.· ...· .• 1.5 . . · 99 ' . ·• .• ... . ···.··. > •···· 1.5 1.5 ..... •• 0 • •• :.. .i •••••••••• 1.5 . 1.5 .··.. . ! .....• . 69 . .· ·••• ·.. 1.5 . < ..·.· .. 1.5 : .... .·.· ·• '· ·.· .. J . . .. 54 lO lO 20 lO lO lO lO lO lO %by weight 5.11 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 %by volume or %by weight 5.8 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 Pass or Fail 5.6 No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 05:04 Nov 07, 2015 Table 2A. Zeotropic Blends (400 Series Refrigerants) and their Allowable Levels of Contaminants (continued) Repurling Units srobinson on DSK5SPTVN1PROD with PROPOSALS3 VerDate Sep<11>2014 CHARACT'RRl.'\rtCS.• • •··· .· Reference Section . ·.· •. ·. > .:: ' • ••. R-434A R-431A .. ·........ R-435A . · >. . ... •·.·. R-437A · .. ··•· .. { R-438A .. Refrigerant Components NIA NIA R-El70 1152a/ 600a R-152a/ 600a R290 1152a R-125/ 143a/134a/ 600a %by weight N/A 60.0/10.0 /30.0 76 0/24 0 71.0/29.0 63.2/18.0 /16.0/2.8 80.0/20.0 19.5178.5 /1.4/0.6 N/A 59.0-61.0 /9.0-11.0 /29.031.0 75.0-77.0 /23.025.0 70.0-72.0 /28.0-30.0 62.2-64.2 117.0-19.0 115.0-17.0 /2.6-2.9 79.0-81.0 /19.0-21.0 17.7-20.0 177.8-80.0 /1.2-1.5 /0.4-0.7 .. .... R-440A · .. · ..·. .·.. ···· Allowable Composition %by weight Bubble Point1 oc@ 101.3 kPa N/A -25.5 -27.6 -43.2 -45.1 -26 -32.9 -52 -25.5 DcwPoint 1 Critical Temperature 1 · V..;1J>OEPH~i!i{ oc@ 101.3 kPa NIA -24.9 -27.4 -43.2 -42.4 -25.8 -29.2 -36.4 -51.7 -24.3 oc NIA 123.5 107 100.3 75.6 125.2 95.3 84.2 72 112.9 IV~~AI\!ilNAJrrs: ·..·· . Sfmt 4725 Nominal Composition R-321125/ 134a/600 /601a 8.5/45.0/ 44.2/1.7 /0.6 7.0-9.0 /43.5-46.5 /42.7-45.7 11.5-1.8 /0.4-0.7 -43 E:\FR\FM\09NOP3.SGM Air and Other Non-condensables, Max. .. .... %by volume @ 25.0 oc . UQl.JlDFHA,SE (ONTA'MfN4111T&• ... ·. 5.10 . ·· 1.5 ·.;. . ..··.· . ..... ' 1.5 . . .· .· ) .. . .. ... . '· .. · . .. ...... 1.5 .. ..... . 1.5 . ....~. 1.5 •· · R-El70 1152a ..· R-125/ 134a/600 /601 R-439A ... ..... Fmt 4701 . R-430A Frm 00085 .. R-429A PO 00000 Jkt 238001 '. Reporting Units ..... . 09NOP3 Water, Maximum All Other Volatile Impurities, Max. ppm by weight 5.4 10 10 20 20 10 %by weight 5.11 0.5 0.5 0.5 0.5 High Boiling Residue, Max. % by volume or %by weight 5.8 0.01 0.01 0.01 Pass or Fail 5.9 Visually clean Visually clean ppm by weight (asHC1) 5.7 1 Pass or Fail 5.6 No visible turbidity Particulates/Solids Acidity, Max. Chloride 2 . .. · ··.· .. ... . 1.5 • •... •.•· R-32/ 125/ 600a R-290/ l34a/152a 50/47.0 /30 0.611.6/ 97.8 49.0-51.0 /46.0-48.0 /2.5-3.5 0.5-0.7 /1.0-2.2 /97.3-98.3 .. . · 1.5 ..··.. \: .. :. . ·.·· 1.5 .... . l.5 ·• .• ·~ . ....·... ·•·· ·.·. 10 20 lO 10 0.5 0.5 0.5 0.5 0.5 0.01 0.01 0.01 0.01 0.01 0.01 Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean 1 1 1 1 1 1 1 1 No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity No visible turbidity Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 05:04 Nov 07, 2015 Table 2A. Zeotropic Blends (400 Series Refrigerants) and their Allowable Levels of Contaminants (continued) 69541 EP09NO15.314</GPH> srobinson on DSK5SPTVN1PROD with PROPOSALS3 69542 VerDate Sep<11>2014 CHARA.CTEJUSTJGS: . . .·· . . << . ' i Jkt 238001 PO 00000 Frm 00086 Fmt 4701 Retngerant Components N/A %by weight N/A Allowable Composition %by weight NIA oc@ 101.3 kPa oc@ 101.3 kPa N/A NIA oc R-321125/ 134a/152a/ 227ea NIA Nominal Composition N/A Bubble Point1 DewPoint 1 Critical Temperature 1 Sfmt 4725 V;AJ>ORPHASECONtAMJ.N.~NfSt:: Air and Other Non-condensables, Max. E:\FR\FM\09NOP3.SGM LJ.Qi:T1Dfl!A.SE.CONJ:AXd!t>'i!:l'lT$.: 09NOP3 Particulates/Solids : . ... \: .. . . ......·. < ·. R-32/ 1234ze(E)/ 600 12.0/5 0/ 83.0 41.5/10.0 /48.5 6. 0/9.0/85. 0 68.0/29.0 /3.0 68.0/3.5 /28.5 11.0-13.0 /4.0-6.0 /81.0-85.0 40.5-42.5/ 9.0-11.0/ 47.5-49.5 5.0-7.0 /8.0-10.0 /83.0-87.0 67.0-68.5 /28.4-31.0 /2.0-3.1 67.5-69.5 /3.0-5.0 /27.5-29.5 -34.3 -24.3 -44.6 -34.9 -50.3 -23.5 -49.4 -42.1 -49.3 -44.2 84.2 82.6 .• .. 91.5 1.5 1.5 ..... : i ·'.>·.: .. 98 .. ; ·.···· . .. ·. :· 1.5 1.5 .. ' •·.· .·· . . ::: . : ·....· :· .....·· ·' ··.·•.·.•.• ·:·.··.·. .. · 24.3/24.7 /25.3/25.7 42 0/58 0 23.3-24.5/ 24.5-25.7/ 24.3-25.5/ 25.5-26.7 40 0-44 Of 56.0-60.0 -46 -39.9 -23.4 -22.8 81.5 \ 104.4 .· > •••••••••• 1.5 : : ... ·.. ·. :·· 1.5 .. ·.... Water, Maximum ppm by weight 5.4 10 10 10 10 10 10 10 10 10 All Other Volatile Impurities, Max. %by weight 5.11 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 % by volume or %by weight 5.8 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 Pass or Fail 5.9 Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean ppm by weight (asHCl) 5.7 1 1 1 1 NIA 1 1 1 1 High Boiling Residue, Max. Acidity, Max. No visible No visible No visible No visible No visible No visible No visible No visible turbidity turbidity turbidity turbidity turbidity turbidity turbidity turbidity I. Bubble points, dew points, and critical temperatures, although not required, are provided for infom1ational purposes. Refrigerant data compiled from Refprop 9.1. 2. Recognized chloride level for pass/fail is about 3 ppm. Chloride 2 EP09NO15.315</GPH> •...... R-134a/ 1234ze(E) 1.5 ... .. R-450A R-321125/ 1234yf/ 134a 81.6 • 1.5 · .. R-449A R-321125/ 1234yf/ 134a/ 1234ze(E) 26.0/26.0 /20.0121 0 17.0 24.0-26.5/ 25 5-28 0/ 18.0-20.5/ 20 0-23 Of 5.0-7.5 -45.9 -39.8 R-32/ 125/1234ze (E) 103.2 ·• ... ...··. ... R744/134a/ 1234ze(E) 1.5 . . ... ·.· R-321152a/ 1234ze(E) 82.4 ·,; 5.10 ·...• ·. .. R-321152a/ 1234ze(E) 31.0/31.0 /30.0/3.0 /5.0 30.0-32.0 /30.0-32.0 /29.0-31.0 /2.53.5/4 0- 6.0 -46.5 -39.9 > •··· % bvvolume @ 25.0 oc •.. ·.·· Pass or Fail 5.6 No visible turbidity . Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 05:04 Nov 07, 2015 Table 2A. Zeotropic Blends (400 Series Refrigerants) and their Allowable Levels of Contaminants (continued) Reference Reporting Units R-442A R-444A R-4448 R-445A R-446A R-447A R-44SA Section srobinson on DSK5SPTVN1PROD with PROPOSALS3 VerDate Sep<11>2014 . Jkt 238001 PO 00000 Allowable Composition Frm 00087 Bubble Point Dew Point 1 Critical Temperature 1 R-441A : : .· .. .. R-443A . .. ·. ., . ' : R-290/ 600a R-170/ 2 90/600a/600 R-1270/ 290/600a 5o.0/44.o 52.0/4R.O 3.1 /54.R/o0/3o.1 55.0/40.0/5.0 29.0-31.0 /o9.0-7l.O 4.0-6.0 /94.0- 9o.o 24.0-26.0 174.0-7o.o 55.0-57.0 /43.0-45.0 51.0-53.0 /47.0-49.0 2.8-2.4/52.8-56.8/ 5.4-oO/ 34.1-3R.1 53 0-57 0/ 38.0-42.0 /U-o.2 oc@ 101.3 kPa oc (g]. 101.3 kPa oc N/A N/A -45.2 -42.4 -44.4 -44 -42.5 -42.4 -44.1 -43.7 -34.3 -26.1 -33.3 -25 -41.5 -20.3 -45.2 -42.1 .. '"' N/A ·: . ~. Fmt 4701 %by volwne .•. .: .'· .. 97.3 . .. . 5.10 ~25.0°C .: ·.· 94.4 : : ··. ... :··· .• .. 1.5 ••• 1.5 Sfmt 4725 Pass . .. 117.4 :.• •. > • 1.5 .< Pass ll7.3 . ··... ·•.. ·· •• 1.5 ·:' ' Pass •• Pass ··...· ..·: •.· ... ::. . . .· Pass ··. ... : : ; E:\FR\FM\09NOP3.SGM 09NOP3 5.8 001 0.01 001 0.01 0.01 0.01 0.01 0.01 Pass or Fail 5.9 Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Acidity, Max. ppm by weight 5.7 I I I I I I I N/A Water,M1x. All Other Volatile Impurities, Max. Total C3, C4 and C5 Polyolefms, Max. ppm by weight 5.4 20 10 10 10 10 10 10 10 %by weight 5.11 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 %by weight 5.12 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 No visible No visible No visible No visible No visible No visible N/A turbidity turbidity turbidity turbidity turbidity turbidity Bubble points, dew points, and critical temperatures, although not required, are provided for infonnational purposes. Retngerant data compiled from Retprop 9 .I. Taken from vapor phase Vaporized from liquid phase Including hydrogen sulphide and mercaptans Chloride2 Pass or Pail 5.6 ....• 1.5 1.5 : \. 95.1 .:· Pass I. 2. 3. 4. Pass . .. • • 115.9 ·.. No odor to pass Particulates/Solids Pass 94.8 1.5 1.5 •.. 96.3 . '···· . .•. %by volLtme or %by weight High Boiling Residue, Max. ,. R-290/ 600a 79.0-81.0 /19.0-210 UQ(J]1) .fllASECON,J'A.AyfiN;ANTS Sulfur Odor R-436B .. N/A 3 4 R-436A ·':· <· . . %by weight V/lP()RPllASE rnN/rt!A Air and Other Noncondensables, Max. . .. Pass N/A ; Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 05:04 Nov 07, 2015 Table 2B. Hydrocarbon Blends (400 & 500 Series Refrigerants) and their Allowable Levels of Contaminants Reporting Reference R-432A R-433A R-433B R-433C Units Section . . .. .. ·.. ';< . :• :. \ < I·Clf;4R;4( Refrigerant R-1279/ E170 R-1270/ 290 R-1270/290 R-1270/ 290 N/A N/A Components Nominal %by weight N/A R0.0/20.0 30.0/70.0 5.0/95.0 25.0/75.0 Composition 69543 EP09NO15.316</GPH> srobinson on DSK5SPTVN1PROD with PROPOSALS3 69544 VerDate Sep<11>2014 Serle~ Retiigerants) and their Allowable Levels of Contaminants Reporting Units Jkt 238001 CfiARA):'lyRJs'pCS:. · · :.. • .· Reference Section .. c.: PO 00000 Frm 00088 NIA N/A %by weight N/A %by weight Bubble Point 1 DewPoine Retngerant Components Fmt 4701 .,,. Air and Other Noncondensables, Max. Sfmt 4725 tr(triiJ? p'il;t.sr: coP!!'•' . ····· .. R-12/152a ····· . : . ···. ... •. :.······ ··<·. R-125/ 143a R-508A R-508B R-509A R-510A ...... ........... ·. . ·· R-22/218 R-E170/ 600a ..·· ........·.· ........·.·....... ·.• ···< . R-23113 73.8/26.2 48.8/51.2 40.1/59.9 50/50 39/61 46/54 44/56 N/A 72.8-74.8 /25.2-27.2 44.8-52.8 /47.2-55.2 39-41 /59-o1 49.5-51.5 /48.5-50.5 37-41 /59-o3 44-48 /52-5o 42-4() /5o-oo N/1\. -33.6 -45.2 -87 8 -46.7 -87.4 -87 -49.8 N/A -33.6 -45 -87.8 -46.7 -87.4 -87 -48.1 102.1 80.2 184 ... • vfs..; ....•...·. ·••·•·••••··· %by volume (ii'; 25 oc 'I''" ... >' . .. ,> . : .• ·...:. 5.10 15 ........ 15 ·.•. :: : 15 ... ·· .. R-23/116 70.0 10.8 ..... ; 1.5 :.: ··.. <> . R-23/116 . ·• 11.8 ... 1.5 .; ... ·, 15 :. ·:· .......·. .· 15 125.7 •. 5.0/95.0 4.0-6.0 /94.0-90.0 -42 ... -24 -42 -24 97 112.9 .· .... •· 15 ·..· ·.··. .·.· ..· ··•·· 1.5 ..· : . E:\FR\FM\09NOP3.SGM 5.4 10 10 10 10 10 10 10 20 % hy weight 5.11 05 05 05 05 05 05 05 05 05 05 %by volume or %by weight 5.8 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 Pass or fail 5.9 Visually clean Visually clean Visually clean Visually clean Visually clean Visually clean Visually clear1 Visually clean Visually clean Visually clean ••••• 09NOP3 1 1 1 1 1 1 1 1 No visible No visible No visible No visible No visible No visible No visible No visible Chloride Pass or Fail 5.6 turbidity turbidity turbidity turbidity turbidity turbidity turbidity turbidity 1. Dubble points, dew points, and critical temperatures, although not required, are provided for informational purposes. Refrigerant data compiled from Ret])fop 9.1. 2. Recognized chloride level for pass/fail is about 3 ppm 2 R-134a/ 152a 95.0/5.0 15 ·. > : •·· ..· ...· 94.0-96.0 /4.0-o.o 1115- ·.· ··..· R-290/ E170 88.0/12.0 87.5-88.5 o8.o .... .>: R-512A .···· ... ···•·· 20 All Other Volatile Impurities, Max. Acidity, Max. · .·.. .. · .··. -24.9 NIA R-511A 12.5 -24.9 ppm hy weight Particulates/Solids .. R-507A R-22/115 Water, Maximum High Boiling Residue, Max. ... \.. R-503 oc@ IOUkPa oc Allowable Composition f·:.l'Af>QRPli;4SE:CQN; .··• R-502 oc@ lOUkPa Nominal Composition Critical Temperature 1 R-500 ppm by weight 5.7 10 1 1 No visible turbidity No visible turbidity Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 05:04 Nov 07, 2015 EP09NO15.317</GPH> Table 3. Azeotropic Blends (500 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules APPENDIX A. REFERENCES—NORMATIVE Listed here are all standards, handbooks, and other publications essential to the formation and implementation of the standard. All references in this appendix are considered as part of this standard. ASHRAE Terminology, https:// www.ashrae.org/resources--publications/freeresources/ashrae-terminology, 2014, American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Inc. ANSI/ASHRAE Standard 34–2013, Designation and Safety Classification of Refrigerants, with Addenda, American National Standards Institute/American Society of Heating, Refrigerating, and AirConditioning Engineers. Appendix C to AHRI Standard 700±2015: Analytical Procedures for AHRI Standard 700±2015, Normative, Specification for Fluorocarbon Refrigerants, 2008. AirConditioning, Heating, and Refrigeration Institute. ASTM Standard D1296–01–2012, Standard Test Method for Odor of Volatile Solvents and Diluents, 2012, ASTM International. GPA STD–2177, Analysis of Natural Gas Liquid Mixtures Containing Nitrogen and Carbon Dioxide by Gas Chromatography, 2013, Gas Processors Association. REFPROP Reference Fluid Thermodynamic and Transport Properties NIST Standard Reference Database 23 version 9.1, 2013, U.S. Department of Commerce, Technology Administration, National Institute of Standards and Technology. APPENDIX A. REFERENCES— INFORMATIVE Listed here are standards, handbooks, and other publications which may provide useful information and background but are not considered essential. 2012 Appendix D Gas Chromatograms for AHRI Standard 700±2015ÐInformative, Specification for Fluorocarbon Refrigerants, 2012, Air-Conditioning, Heating, and Refrigeration Institute. 15. Amend subpart F by adding appendix B3 to read as follows: ■ APPENDIX B3 TO SUBPART F OF PART 82—PERFORMANCE OF REFRIGERANT RECOVERY, RECYCLING, AND/OR RECLAIM EQUIPMENT srobinson on DSK5SPTVN1PROD with PROPOSALS3 This appendix is based on the AirConditioning, Heating, and Refrigeration Institute Standard 740–2015, Performance Rating of Refrigerant Recovery Equipment and Recovery/Recycling Equipment. Section 1. Purpose 1.1 Purpose. The purpose of this standard is to establish methods of testing for rating and evaluating the performance of refrigerant recovery, and/or recycling equipment and general equipment requirements (herein referred to as ‘‘equipment’’) for contaminant or purity levels, capacity, speed and purge loss to minimize emission into the atmosphere of designated refrigerants. Section 2. Scope 2.1 Scope. This standard applies to equipment for recovering and/or recycling VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 single refrigerants, azeotropes, zeotropic blends, and their normal contaminants from refrigerant systems. This standard defines the test apparatus, test gas mixtures, sampling procedures and analytical techniques that will be used to determine the performance of refrigerant recovery and/or recycling equipment (hereinafter, ‘‘equipment’’). Appendix B4 of this subpart establishes standards for recovery/recycling equipment used with flammable refrigerants. Section 3. Definitions 3.1 Definitions. All terms in this appendix will follow the definitions in § 82.152 unless otherwise defined in this appendix. 3.2 Clearing Refrigerant. Procedures used to remove trapped refrigerant(s) from equipment before switching from one refrigerant to another. 3.3 High Temperature Vapor Recovery Rate. For equipment having at least one designated refrigerant (see Section 11.2) with a boiling point in the range of ¥50 to +10 °C, the rate will be measured for R–22, or the lowest boiling point refrigerant if R–22 is not a designated refrigerant. 3.4 Published Ratings. A statement of the assigned values of those performance characteristics, under stated rating conditions, by which a unit may be chosen to fit its application. These values apply to all units of like nominal size and type (identification) produced by the same manufacturer. As used herein, the term ‘‘published rating’’ includes the rating of all performance characteristics shown on the unit or published in specifications, advertising, or other literature controlled by the manufacturer, at stated rating conditions. 3.5 Push/Pull Method. The push/pull refrigerant recovery method is defined as the process of transferring liquid refrigerant from a refrigeration system to a receiving vessel by lowering the pressure in the vessel and raising the pressure in the system, and by connecting a separate line between the system liquid port and the receiving vessel. 3.6 Recycle Flow Rate. The amount of refrigerant processed divided by the time elapsed in the recycling mode. For equipment which uses a separate recycling sequence, the recycle rate does not include the recovery rate (or elapsed time). For equipment which does not use a separate recycling sequence, the recycle rate is a rate based solely on the higher of the liquid or vapor recovery rate, by which the contaminant levels were measured. 3.7 Residual Trapped Refrigerant. Refrigerant remaining in equipment after clearing refrigerant. 3.8 Shall, Should, Recommended or It Is Recommended shall be interpreted as follows: 3.8.1 Shall. Where ‘‘shall’’ or ‘‘shall not’’ is used for a provision specified, that provision is mandatory if compliance with this appendix is claimed. 3.8.2 Should, Recommended or It Is Recommended is used to indicate provisions which are not mandatory but which are desirable as good practice. 3.9 Standard Contaminated Refrigerant Sample. A mixture of new or reclaimed PO 00000 Frm 00089 Fmt 4701 Sfmt 4702 69545 refrigerant and specified quantities of identified contaminants which constitute the mixture to be processed by the equipment under test. These contaminant levels are expected only from severe service conditions. 3.10 Trapped Refrigerant. The amount of refrigerant remaining in the equipment after the recovery or recovery/recycling operation but before clearing refrigerant. 3.11 Vapor Recovery Rate. The average rate that refrigerant is withdrawn from the mixing chamber between two pressures as vapor recovery rate is changing depending on the pressure. The initial condition is vapor only at saturation pressure and temperature at either 24 °C or at the boiling point at 100 kPa, whichever is higher. The final pressure condition is 10% of the initial pressure, but not lower than the equipment final recovery vacuum and not higher than 100 kPa. Section 4. General Equipment Requirements 4.1 Equipment Information. The equipment manufacturer shall provide operating instructions, necessary maintenance procedures, and source information for replacement parts and repair. 4.2 Filter Replacement. The equipment shall indicate when any filter/drier(s) needs replacement. This requirement can be met by use of a moisture transducer and indicator light, by use of a sight glass/moisture indicator, or by some measurement of the amount of refrigerant processed such as a flow meter or hour meter. The equipment manufacturer must provide maximum quantity recycled or filter change interval in its written instructions. 4.3 Purge of Non-Condensable. If noncondensables are purged, the equipment shall either automatically purge noncondensables or provide an indicating means to guide the purge process. Recycling equipment must provide purge means. 4.4 Purge Loss. The total refrigerant loss due to purging non-condensables, draining oil, and clearing refrigerant (see Section 9.5) shall be less than 3% (by weight) of total processed refrigerant. 4.5 Permeation Rate. High pressure hose assemblies 5/8 in. (16 mm) nominal and smaller shall not exceed a permeation rate of 3.9 g/cm2/yr (internal surface) at a temperature of 48.8 °C. Hose assemblies that UL recognized as having passed ANSI/UL 1963 requirements shall be accepted without testing. See Section 7.1.4. 4.6 Clearing Trapped Refrigerant. For equipment rated for more than one refrigerant, the manufacturer shall provide a method and instructions which will accomplish connections and clearing within 15 minutes. Special equipment, other than a vacuum pump or manifold gauge set, shall be furnished. The clearing procedure shall not rely upon the storage cylinder below saturated pressure conditions at ambient temperature. 4.7 Temperature. The equipment shall be evaluated at 24 °C with additional limited evaluation at 40 °C. Normal operating conditions range from 10 °C to 40 °C. 4.8 Exemptions. Equipment intended for recovery only shall be exempt from Sections 4.2 and 4.3. E:\FR\FM\09NOP3.SGM 09NOP3 69546 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS3 Section 5. Contaminated Refrigerants 5.1 Sample Characteristics. The standard contaminated refrigerant sample shall have the characteristics specified in Table 1, VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 except as provided in Section 5.2. Testing shall be conducted at an ambient temperature of 24 °C ±1 °C except high temperature vapor recovery shall be 40 °C ±1 °C. PO 00000 Frm 00090 Fmt 4701 Sfmt 4702 5.2 Recovery-only Testing. Recovery equipment not rated for removal of contaminants shall be tested with new or reclaimed refrigerant. E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 VerDate Sep<11>2014 Jkt 238001 PO 00000 Frm 00091 R-11 Moisture Content: ppm by !Veight of Pure Refrigerant Particulate Content: ppm by !Veight of Pure Refrigerane Acid Content: ppm by !Veight of Pure Refrigerane Oil (HBR) Content: % by !Veight of Pure Refrigerant viscosity!Type 3 R-12 R-J:l R-22 R-23 R-1 J:l R-114 R-123 100 80 30 200 30 100 85 200 200 200 200 200 30 200 200 200 80 80 N/A 80 N/A 80 80 80 80 80 80 80 N/A 80 80 80 100 200 N/A 100 N/A 100 100 100 100 100 200 100 N/A 100 100 100 20 5 N/A 5 N/A 20 20 20 5 5 5 5 N/A 5 5 5 N/A 300/MO N/A 300/MO 150/MO R-124 R- J:l4a R-500 R-502 300/MO 300/MO 300/MO 150/MO 150/MO 150/MO 150/MO R-503 R-401 A R-401B R-402A N/A 150/AB 150/AB 150/AB Fmt 4701 Sfmt 4725 E:\FR\FM\09NOP3.SGM 09NOP3 Non-Condensable Gases 3 N/A 3 3 3 3 N/A 3 N/A 3 3 3 3 3 3 3 (Air Content): %by Volume Table 1 (continued)- Standard Contaminated Refrigerant Samples RRRRRRRRRRRRRRRRR- R-507 RR402B 404A 406A 407A 407B 407C 407D 408A 409A 410A 410B 411A 411B 417C 419B 422E 445A 508A 508B Moisture Content: ppm by 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 20 20 #eight of Pure Refrigerant Particulate Content: ppm by 80 80 80 80 80 80 80 80 80 80 80 80 80 80 NA NA 80 80 80 80 !Veight of Pure Refrigerant 1 Acid Content: ppm by 100 100 200 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 NA NA N eight of Pure Refrigerant 2 Oil (HBR) Content: %by 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 NA NA 5 N eight of Pure Refrigerant 150/A 150/P 150/A 150/P 150/P 150/P 150/P 150/M 150/M 150/P 150/P 150/M 150/M 150/P 150/P 150/P 150/P 150/P NA NA viscosity/Type 3 B OE B OE OE OE OE OE OE OE OE OE OE OE 0 0 0 0 Non-Condensable Gases 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 (Air Content): %by Volume 1 Particulate content shall consist of inert materials and shall comply with particulate requirements in Appendix B. 2 Acid consists of 60% oleic acid and 40% hydrochloric acid on a total number basis. 3 POE = Polyoester, AB = Alkylbenzene, MO = Mineral Oil. 4 NA = Not Applicable. Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 05:04 Nov 07, 2015 Table 1- Standard Contaminated Refrigerant Samples 69547 EP09NO15.318</GPH> 69548 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules delivering refrigerant to the equipment, various ports and valves for adding refrigerant to the chamber, and stirring means for mixing. 6.2.2 Filling Storage Cylinder. The storage cylinder to be filled by the refrigerant transferred shall be cleaned and at the pressure of the recovered refrigerant at the beginning of the test. It will not be filled over 80%, by volume. 6.2.3 Vapor Feed. Vapor refrigerant feed consisting of evaporator, control valves and piping to create a 3.0 °C superheat condition at an evaporating temperature of 21 °C ±2 °C. 6.2.4 Alternative Vapor Feed. An alternative method for vapor feed shall be to pass the refrigerant through a boiler and then through an automatic pressure regulating valve set at different saturation pressures, moving from saturated pressure at 24 °C to final pressure of recovery. 6.2.5 Liquid Feed. Liquid refrigerant feed consisting of control valves, sampling port, and piping. 6.2.6 Instrumentation. Instrumentation capable of measuring weight, temperature, pressure, and refrigerant loss, as required. 6.3 Size. The size of the mixing chamber and filling storage cylinder used during testing shall correspond to the size of the equipment being tested per Section 6.3.1 or 6.3.2: 6.3.1 For equipment utilizing nominal 1⁄4″ or 3⁄8″ flare ports and hoses, the mixing chamber shall be 0.09 m3 and all ports, valves, mixing valves, and piping shall be 1⁄2″ or larger, reduced down to the port size of the equipment by fittings at the connection ports of the mixing chamber. The filling storage cylinder used during testing shall be a nominal 50-pound water capacity DOT 4Bx cylinder with 1⁄4″ flare liquid and vapor ports. 6.3.2 For equipment utilizing 1⁄2″ or larger flare ports and hoses, the mixing chamber shall be 0.45 m3 (or nominal 1000-pound water capacity DOT 4Bx cylinder) and all ports, valves, mixing valves, and piping shall be 1–1⁄2″ or larger, reduced down to the port size of the equipment by fittings at the connection ports of the mixing chamber. The filling storage cylinder used during testing shall be a nominal 1000-pound water capacity DOT 4Bx cylinder with liquid and vapor ports, valves and piping sized 3⁄4″ NPT and reduced or increased to the port size of the equipment by fittings at the connection ports of the filling storage cylinder. 6.4 System Dependent Equipment Test Apparatus. This test apparatus is to be used for final recovery vacuum rating of all system dependent equipment. 6.4.1 Test Setup. The test apparatus shown in Figure 2 consists of a complete refrigeration system. The manufacturer shall identify the refrigerants to be tested. The test apparatus can be modified to facilitate operation or testing of the system dependent equipment if the modifications to the apparatus are specifically described within the manufacturer’s literature. A 6.3 mm VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 PO 00000 Frm 00092 Fmt 4701 Sfmt 4702 E:\FR\FM\09NOP3.SGM 09NOP3 EP09NO15.302</GPH> srobinson on DSK5SPTVN1PROD with PROPOSALS3 Section 6. Test Apparatus 6.1 General Recommendations. The recommended test apparatus is described in the following paragraphs. If alternate test apparatus are employed, the user shall be able to demonstrate that they produce results equivalent to the specified reference apparatus. 6.2 Self-Contained Equipment Test Apparatus. The apparatus, shown in Figure 1, shall consist of: 6.2.1 Mixing Chamber. A mixing chamber consisting of a tank with a conical-shaped bottom, a bottom port and piping for Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 69549 the purpose of measuring final recovery vacuum at the conclusion of the test. completed for each refrigerant before starting tests with the next refrigerant. 7.1.3 Selected Tests. Tests shall be as appropriate for the equipment type and ratings parameters selected (see Sections 9.9, 11.1 and 11.2). 7.1.4 Hose Assemblies. For the purpose of limiting refrigerant emissions to the atmosphere, hose assemblies shall be tested for permeation according to ANSI/UL Standard 1963. 7.2 Equipment Preparation and Operation. The equipment shall be prepared and operated per the operating instructions. 7.3 Test Batch. The test batch consisting of refrigerant sample (see Section 5) of the test refrigerant shall be prepared and thoroughly mixed. Continued mixing or stirring shall be required during the test while liquid refrigerant remains in the mixing chamber. The mixing chamber shall be filled to 80% level by volume. 7.3.1 Control Test Batch. Prior to starting the test for the first batch for each refrigerant, 7.1 General Testing. 7.1.1 Temperatures. Testing shall be conducted at an ambient temperature of 24 °C ± 1 °C except high temperature vapor recovery shall be at 40 °C ± 1 °C. The evaporator conditions of Section 6.2.3 shall be maintained as long as liquid refrigerant remains in the mixing chamber. 7.1.2 Refrigerants. The equipment shall be tested for all designated refrigerants (see Section 11.2). All tests in Section 7 shall be VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 PO 00000 Frm 00093 Fmt 4701 Sfmt 4702 E:\FR\FM\09NOP3.SGM 09NOP3 EP09NO15.303</GPH> located at the connection to the compressor high side. A 6.3 mm access port with a valve core shall be located in the balance line for Section 7. Performance Testing Procedures srobinson on DSK5SPTVN1PROD with PROPOSALS3 balance line shall be connected across the test apparatus between the high- and lowpressure sides, with an isolation valve srobinson on DSK5SPTVN1PROD with PROPOSALS3 69550 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules a liquid sample will be drawn from the mixing chamber and analyzed per Section 8 to assure that contaminant levels match Table 1 within ±10 ppm for moisture, ±20 ppm for oleic acid and ±0.5% for oil. 7.4 Recovery Tests (Recovery and Recovery/Recycling Equipment) 7.4.1 Determining Recovery Rates. The liquid and vapor refrigerant recovery rates shall be measured during the first test batch for each refrigerant (see Sections 9.1, 9.2 and 9.4). Equipment preparation and recovery cylinder changeover shall not be included in elapsed time measurements for determining vapor recovery rate and liquid refrigerant recovery rate. Operations such as subcooling the recovery cylinder shall be included. The recovery cylinder shall be the same size as per Section 6.3 or as furnished by the equipment manufacturer. Oversized tanks shall not be permitted. 7.4.1.1 Liquid Refrigerant Recovery Rate. If elected, the recovery rate using the liquid refrigerant feed means (see Section 6.2.5) shall be determined. After the equipment reaches stabilized conditions of condensing temperature and/or recovery cylinder pressure, the recovery process shall be stopped and an initial weight shall be taken of the mixing chamber (see Section 9.2). The recovery process shall be continued for a period of time sufficient to achieve the accuracy in Section 9.4. The recovery process shall be stopped and a final weight of the mixing chamber shall be taken. 7.4.1.2 Vapor Refrigerant Recovery Rate. If elected, the average vapor flow rate shall be measured to accuracy requirements in Section 9.4 under conditions with no liquid refrigerant in the mixing chamber. The liquid recovery feed means shall be used. At initial conditions of saturated vapor at the higher of 24 °C or the boiling temperature (100 kPa), the weight of the mixing chamber and the pressure shall be recorded. At final conditions representing pressure in the mixing chamber of 10% of the initial condition, but not less than the final recovery vacuum (see Section 9.6) nor more than 100 kPa, measure the weight of the mixing chamber and the elapsed time. At initial conditions, the recovery cylinder shall be at saturation pressure at ambient conditions. 7.4.1.3 High Temperature Vapor Recovery Rate. This is applicable for equipment having at least one designated refrigerant (see Section 11.2) with a boiling point between ¥50 °C and +10 °C. Measure the rate for R–22, or the refrigerant with the lowest boiling point if R–22 is not a designated refrigerant. Repeat the test in Section 7.4.1.2 at saturated conditions at 40 °C and continue to operate equipment to assure it will operate at this condition (see Section 7.4.3). At initial conditions, the recovery cylinder shall be at saturated pressure at 40 °C. 7.4.1.4 Push/Pull Liquid Refrigerant Recovery Rate. If elected, the average liquid push/pull flow rate shall be measured to accuracy requirements in Section 9.4. The mixing chamber and filling storage cylinder shall be filled with refrigerant vapor at initial conditions of saturated vapor at the higher of 24 °C or the boiling temperature at 100 kPa. An amount of liquid refrigerant shall be VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 added to the mixing chamber equivalent to 80% by weight of the capacity of the filling storage cylinder. The pressure between the mixing chamber and filling storage cylinder shall be equalized and stabilized at initial conditions of saturated vapor at the higher of 24 °C or the boiling temperature at 100 kPa. The initial weight of the mixing chamber and the pressure shall be recorded. The equipment is then operated in push/pull recovery mode and the weight change of the mixing chamber is recorded over time until all of the liquid has been transferred. 7.4.2 Recovery Operation. This test is for determining the final recovery vacuum and the ability to remove contaminants as appropriate. If equipment is rated for liquid recovery (see Section 7.4.1.3), liquid recovery feed means described in Section 6.2.5 shall be used. If not, vapor recovery means described in Sections 6.2.3 or 6.2.4 shall be used. Continue recovery operation until all liquid is removed from the test apparatus and vapor is removed to the point where equipment shuts down by automatic means or is manually shut off per operating instructions. 7.4.2.1 Oil Draining. Capture oil from the equipment at intervals as required in the instructions. Record the weight of the container. Completely remove refrigerant from oil by evacuation or other appropriate means. The weight difference shall be used in Section 7.5.2. 7.4.3 Final Recovery Vacuum. At the end of the first test batch for each refrigerant, the liquid valve and vapor valve of the apparatus shall be closed. After waiting 1 minute, the mixing chamber pressure shall be recorded (see Section 9.6). 7.4.4 Residual Refrigerant. This test will measure the mass of remaining refrigerant in the equipment after clearing and therefore the extent of mixing different refrigerants (see Section 9.6). 7.4.4.1 Initial Conditions. At the end of the last test for each batch for each refrigerant, the equipment shall be disconnected from the test apparatus (Figure 1). Recycle per Section 7.5, if appropriate. Perform refrigerant clearing operations as called for in the instruction manual. Capture and record the weight of any refrigerant which would have been emitted to the atmosphere during the clearing process for use in Section 9.5. If two loops are used for recycling, trapped refrigerant shall be measured for both. 7.4.4.2 Residual Trapped Refrigerant. Evacuate an empty test cylinder to 1.0 kPa. Record the empty weight of the test cylinder. Open all valves to the equipment so as to provide access to all trapped refrigerant. Connect the equipment to the test cylinder and operate valves to recover the residual refrigerant. Record the weight of the test cylinder using a recovery cylinder pressure no less than specified in Section 6.2.2. Place the test cylinder in liquid nitrogen for a period of 30 minutes or until a vacuum of 1000 microns is reached, whichever occurs first. 7.5 Recycling Tests (Recovery/Recycling Equipment). 7.5.1 Recycling Operation. As each recovery cylinder is filled in Section 7.4.2, PO 00000 Frm 00094 Fmt 4701 Sfmt 4702 recycle according to operating instructions. There will not necessarily be a separate recycling sequence. Note non-condensable purge measurement in Section 9.5. 7.5.1.1 Recycle Flow Rate. While recycling the first recovery cylinder for each refrigerant, determine the recycling flow rate by appropriate means (see Section 9.3) to achieve the accuracy required in Section 9.4. 7.5.2 Non-Condensable Sample. After completing Section 7.4.3, prepare a second test batch (see Section 7.3). Recover per Section 7.4.2 until the current recovery cylinder is filled to 80% level by volume. Recycle per Section 7.5.1. Mark this cylinder and set aside for taking the vapor sample. For equipment having both an internal tank of at least 3 kg refrigerant capacity and an external recovery cylinder, two recovery cylinders shall be marked and set aside. The first is the cylinder described above. The second cylinder is the final recovery cylinder after filling it to 80% level by volume and recycling. 7.5.2.1 Push/Pull Liquid Refrigerant Recovery Rate. This rate shall be measured by weight change of the mixing chamber divided by elapsed time (see Section 7.4.1.4). The units shall be kg/min and the accuracy shall be per Section 9.4. 7.5.3 Liquid Sample for Analysis. Repeat steps in Sections 7.3, 7.4.2 and 7.5.1 with further test batches until indication means in Section 4.2 show the filter/drier(s) need replacing. 7.5.3.1 Multiple Pass. For equipment with a separate recycling circuit (multiple pass), set aside the current cylinder and draw the liquid sample (see Section 7.4) from the previous cylinder. 7.5.3.2 Single Pass. For equipment with the single pass recycling circuit, draw the liquid sample (see Section 7.4) from the current cylinder. 7.6 Measuring Refrigerant Loss. Refrigerant loss due to non-condensables shall be determined by appropriate means (see Section 9.5.1). The loss could occur in Sections 7.4.1, 7.4.2 and 7.5.1. Section 8. Sampling and Chemical Analysis Methods 8.1 Chemical Analysis. Chemical analysis methods shall be specified in appropriate standards such as AHRI Standard 700, Appendix C to AHRI Standard 700, and Addendum 700–1 to Appendix C. If alternate test methods are employed, the laboratory must be able to demonstrate that they produce results equivalent to the specified referee method. 8.2 Refrigerant Sampling. 8.2.1 Moisture Content. The water content in refrigerant shall be measured by the Karl Fischer Coulometric Titration technique. Report the moisture level in parts per million by weight. 8.2.2 Chloride Ions. Chloride ions shall be measured by turbidity tests. At this time, quantitative results have not been defined. Report chloride content as ‘‘pass’’ or ‘‘fail.’’ In the future, when quantitative results are possible, report chloride content as parts per million by weight. 8.2.3 Acid Content. The acidity test uses the titration principle. Report the acidity in E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules parts per million by weight (mg KOH/kg) of sample. 8.2.4 High Boiling Residue. High boiling residues shall use measurement of the volume of residue after evaporating a standard volume of refrigerant. Using weight measurement and converting to volumetric units is acceptable. Report high boiling residues as percent by volume. 8.2.5 Particulates/Solids. The particulates/solids measurement employs visual examination. Report results as ‘‘pass’’ or ‘‘fail.’’ 8.2.6 Non-condensables. The level of contamination by non-condensable gases in the base refrigerant being recycled shall be determined by gas chromatography. Report results as percent by volume. Section 9. Performance Calculations for Ratings 9.1 Vapor Refrigerant Recovery Rate. This rate shall be measured by weight change of the mixing chamber divided by elapsed time (see 7.4.1.2). The units shall be kg/min and the accuracy shall be per Section 9.4. 9.1.1 High Temperature Vapor Recovery Rate. This rate shall be measured by measured weight change of the mixing chamber divided by elapsed time (see Section 7.4.1.3). The units shall be kg/min and the accuracy shall be per Section 9.4. 9.2 Liquid Refrigerant Recovery Rate. This rate shall be measured by weight change of the mixing chamber divided by elapsed time (see 7.4.1.3). The units shall be kg/min and the accuracy shall be per Section 9.4. 9.3 Recycle Flow Rate. The recycle flow rate shall be as defined in Section 3.12, expressed in kg/min, and the accuracy shall be per Section 9.4. 9.3.1 For equipment using multi-pass recycling or a separate sequence, the recycle rate shall be determined by dividing the net weight, W, of the refrigerant to be recycled by the actual time T required to recycle. Any set-up or operator interruptions shall not be included in the time T. 9.3.2 If no separate recycling sequence is used, the recycle rate shall be the higher of the vapor refrigerant recovery rate or the liquid refrigerant recovery rate. The recycle rate shall match a process which leads to contaminant levels in Section 9.9. Specifically, a recovery rate determined from bypassing a contaminant removal device cannot be used as a recycle rate when the contaminant levels in Section 9.9 are determined by passing the refrigerant through the contaminant removal device. 9.4 Accuracy of Flow Rates. The accuracy of test measurements in Sections 9.1, 9.2 and 9.3 shall be ±008 kg/min for flow rates up to 0.42 kg/min and ±2.0% for flow rates larger than 0.42 kg/min. Ratings shall be expressed to the nearest 0.02 kg/min. 9.5 Refrigerant Loss. This calculation will be based upon the net loss of refrigerant which would have been eliminated in the non-condensable purge process (see Section 7.5.1), the oil draining process (see Section 7.4.2.1) and the refrigerant clearing process (see Section 7.4.4.1), all divided by the net refrigerant content of the test batches. The refrigerant loss shall not exceed 3% by weight. 9.5.1 Non-Condensable Purge. Evacuate an empty container to 2 kPa. Record the empty weight of the container. Place the container in a dry ice bath. Connect the equipment purge connection to the container and operate purge according to operating instructions so as to capture the noncondensables and lost refrigerant. Weigh the cylinder after the recycling is complete. Equivalent means are permissible. For units which either recycle or list noncondensable removal, non-condensable gases are purged, operating the recycle device per the manufacturer’s instructions through an evaporator pressure regulator (EPR) valve into a liquid nitrogen-chilled cylinder. This combination will simulate the atmosphere while allowing the capture of purge gases. The cylinder is weighed before and after the purge procedure. 9.5.2 Oil Draining. Refrigerant removed from the oil after draining shall be collected and measured in accordance with Section 7.4.2.1. 9.5.3 Clearing Unit. Refrigerant captured during the clearing process shall be measured in accordance with Section 7.4.4.1. 9.6 Final Recovery Vacuum. The final recovery vacuum shall be the mixing chamber pressure in Section 7.4.3 expressed in kPa at 24 °C. The accuracy of the measurement shall be within 0.33 kPa. 9.7 Residual Trapped Refrigerant. The amount of residual trapped refrigerant shall be the final weight minus the initial weight of the test cylinder in Section 7.4.4.2, expressed in kg. The accuracy shall be ±0.02 kg and reported to the nearest 0.05 kg. 9.8 Refrigerant Processed. The amount of refrigerant processed before changing filters (see Section 7.5.3) shall be expressed in kg to an accuracy of ±1%. 69551 9.9 Contaminant Levels. The contaminant levels remaining after testing shall be published as follows: Moisture content, ppm by weight Chloride ions, pass/fail Acid Content, ppm by weight High boiling residue, % (by volume) Particulates/solids, pass/fail (visual examination) Non-condensables, % (by volume) 9.10 Minimum Data Requirements for Published Ratings. Published ratings shall include all of the parameters as shown in Tables 2 and 3 for each refrigerant designated by the manufacturer. Section 10. Tolerances 10.1 Tolerances. Performance related parameters shall be equal to or better than the published ratings. Section 11. Marking and Nameplate Data 11.1 Marking and Nameplate Data. The nameplate shall display the manufacturer’s name, model designation, type of equipment (Recovery or Recovery/Recycling and SelfContained or System Dependent), designated refrigerant(s), capacities, and electrical characteristics where applicable. The nameplate shall also conform to the labeling requirements established for certified recycling and recovery equipment established at 40 CFR 82.158(h). Recommended nameplate voltages for 60 Hertz systems shall include one or more of the equipment nameplate voltages shown in Table 1 of ANSI/AHRI Standard 110. Recommended nameplate voltages for 50 Hertz systems shall include one or more of the utilization voltages shown in Table 1 of IEC Standard Publication 60038, IEC Standard Voltages. 11.2 Data for Designated Refrigerants. For each refrigerant designated, the manufacturer shall include all the following that are applicable per Table 2: a. Liquid Recovery Rate, kg/min b. Vapor Recovery Rate, kg/min c. High Temperature Vapor Recovery Rate, kg/min d. Push/Pull Liquid Recovery Rate, kg/min e. Final Recovery Vacuum Level, kPa f. Recycle Flow Rate, kg/min g. Refrigerant Loss, kg h. Residual Trapped Refrigerant, kg i. Quantity of Refrigerant Processed at Rated Conditions, kg TABLE 2—PERFORMANCE RATINGS FOR REFRIGERANT RECOVERY AND RECOVERY/RECYCLING EQUIPMENT 4,5 Type of equipment Recovery srobinson on DSK5SPTVN1PROD with PROPOSALS3 Parameter Recovery/recycling Recycling System dependent equipment X1 X1 X1 X1 X N/A X2 X3 X1 X1 X1 X1 X X X X2 N/A N/A N/A N/A N/A X X X2 N/A N/A N/A N/A X N/A X3 X2 Liquid Refrigerant Recovery Rate, kg/min ....................................................... Vapor Refrigerant Recovery Rate, kg/min ....................................................... High Temperature Vapor Recovery Rate, kg/min ........................................... Push/Pull Liquid Recovery Rate, kg/min ......................................................... Final Recovery Vacuum Level, kPa ................................................................ Recycle Flow Rate, kg/min .............................................................................. Refrigerant Loss, kg ........................................................................................ Residual Trapped Refrigerant, kg ................................................................... VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 PO 00000 Frm 00095 Fmt 4701 Sfmt 4702 E:\FR\FM\09NOP3.SGM 09NOP3 69552 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules TABLE 2—PERFORMANCE RATINGS FOR REFRIGERANT RECOVERY AND RECOVERY/RECYCLING EQUIPMENT 4,5— Continued Type of equipment Parameter Recovery Recovery/recycling Recycling System dependent equipment N/A X X N/A Quantity of Refrigerant Processed at Rated Conditions, kg ........................... 1 For a recovery or recovery/recycle unit, one must rate either liquid refrigerant recovery rate or vapor refrigerant recovery rate or one can rate for both. If rating only one, the other shall be indicated by N/A, ‘‘not applicable.’’ 2 Mandatory rating if multiple refrigerants, oil separation or non-condensable purge are rated. 3 Mandatory rating for equipment tested for multiple refrigerants. 4 ‘‘X’’ denotes mandatory rating or equipment requirements. 5 ‘‘N/A’’ indicates ‘‘Not Applicable’’ for a parameter that does not have a rating. TABLE 3—CONTAMINANT REMOVAL RATINGS FOR REFRIGERANT RECOVERY AND RECOVERY/RECYCLING EQUIPMENT 1,2 Type of equipment Contaminant Recovery Recovery/recycling Recycling System dependent equipment N/A N/A N/A N/A N/A N/A X X X X X X X X X X X X N/A N/A N/A N/A N/A N/A Moisture Content, ppm by weight .................................................................... Chloride Ions, pass/fail .................................................................................... Acid Content, ppm by weight .......................................................................... High Boiling Residue, % by volume ................................................................ Particulates/solids, pass/fail ............................................................................. Non-Condensables, % by volume ................................................................... 1 ‘‘X’’ denotes mandatory rating. indicates ‘‘Not Applicable.’’ 2 ‘‘N/A’’ Attachment 1 to Appendix B3 to Subpart F of Part 82—References srobinson on DSK5SPTVN1PROD with PROPOSALS3 Listed here are all standards, handbooks, and other publications essential to the formation and implementation of the standard. All references in this appendix are considered as part of this standard. • ANSI/UL Standard 1963, Refrigerant Recovery/Recycling Equipment, First Edition, 2011, American National Standards Institute/Underwriters Laboratories, Inc. • ANSI/AHRI Standard 110–2012, AirConditioning, Heating and Refrigerating Equipment Nameplate Voltages, 2012, AirConditioning, Heating, and Refrigeration Institute • AHRI Standard 700–2015, Specifications for Refrigerants, Air-Conditioning, Heating, and Refrigeration Institute • ASHRAE Terminology, https:// www.ashrae.org/resourcesÐpublications/ free-resources/ashrae-terminology, 2014, American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Inc. • International Standard IEC 60038, IEC Standard Voltages, 2009, International Electrotechnical Commission Attachment 2 to Appendix B3 to Subpart F of Part 82—Particulate Used in Standard Contaminated Refrigerant Sample 1. Particulate Specification B1.1 The particulate material (pm) will be a blend of 50% coarse air cleaner dust as received, and 50% retained on a 200-mesh screen. The coarse air cleaner dust is available from: AC Spark Plug Division; General Motors Corporation; Flint, Michigan. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 B1.2 Preparation of Particulate Materials. To prepare the blend of contaminant per ASHRAE Standard 63.2, first wet screen a quantity of coarse air cleaner dust on a 200mesh screen (particle retention 74 mm). This is done by placing a portion of the dust on a 200-mesh screen and running water through the screen while stirring the dust with the fingers. The fine contaminant particles passing through the screen are discarded. The larger than 200-mesh particles collected on the screen are removed and dried for one hour at 110 °C. The blend of standard contaminant is prepared by mixing 50% by weight of coarse air cleaner dust as received (after drying for one hour at 110 °C) with 50% by weight of the larger than 200mesh screened dust. B1.3 Particle Size Analysis. The coarse air cleaner dust as received and the blend used as the standard contaminant have the following approximate particle size analysis: TABLE B1—WEIGHT PERCENTAGE IN VARIOUS μM SIZE RANGES FOR PARTICLE SIZE ANALYSIS Size range (μm) 0–5 ............................ 5–10 .......................... 10–20 ........................ 20–40 ........................ 40–80 ........................ 80–200 ...................... As received (wt %) Blend (wt %) 12 12 14 23 30 9 6 6 7 11 32 38 16. Amend subpart F by adding appendix B4 to read as follows: ■ PO 00000 Frm 00096 Fmt 4701 Sfmt 4702 Appendix B4 to Subpart F of Part 82— Performance and Safety of Flammable Refrigerant Recovery and/or Recycling Equipment This appendix is based on the AirConditioning, Heating, and Refrigeration Institute Standard 740–2015, Performance Rating of Refrigerant Recovery Equipment and Recovery/Recycling Equipment, and Underwriters Laboratories Standard 1963 (Fourth Edition), Standard for Safety: Refrigerant Recovery/Recycling Equipment, including Supplement SB (added October 11, 2013), Requirements for Refrigerant Recovery/Recycling Equipment Intended for Use with a Flammable Refrigerant. Section 1. Purpose 1.1 Purpose. The purpose of this standard is to establish methods of testing for rating and evaluating the performance and safety of refrigerant recovery and/or recycling equipment and general equipment requirements (herein referred to as ‘‘equipment’’) for contaminant or purity levels, capacity, speed and purge loss to minimize emission into the atmosphere of designated refrigerants, as well as safety for use with flammable refrigerants. Section 2. Scope 2.1 Scope. This standard applies to equipment for recovering and/or recycling flammable single refrigerants, azeotropes, zeotropic blends, and their normal contaminants from refrigerant systems. This standard defines the test apparatus, test gas mixtures, sampling procedures, analytical techniques, and equipment construction that will be used to determine the performance E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules and safety of refrigerant recovery and/or recycling equipment (hereinafter, ‘‘equipment’’). Section 3. Definitions 3.1 Definitions. All terms in this appendix will follow the definitions in § 82.152 and Appendix B3 to Subpart F of Part 82 unless otherwise defined in this appendix. 3.2 All definitions used in Underwriters Laboratories Standard 1963 (Fourth Edition), Standard for Safety: Refrigerant Recovery/ Recycling Equipment as applicable, are incorporated by reference. 3.3 All definitions used in Supplement SB (added October 11, 2013), Requirements for Refrigerant Recovery/Recycling Equipment Intended for Use with a Flammable Refrigerant in Underwriters Laboratories Standard 1963 (Fourth Edition), Standard for Safety: Refrigerant Recovery/ Recycling Equipment, are incorporated by reference. Section 4. Evaluation of Performance 4.1 Performance Ratings. All recovery and/or recycling equipment to be tested under this appendix must follow the procedures and meet all requirements established in Appendix B3 to Subpart F of Part 82 to determine the performance ratings in addition to the safety evaluation conducted under the rest of this appendix. 4.2 Safety. All recovery and/or recycling equipment to be tested under this appendix must follow the procedures and meet all requirements in Supplement SB (added October 11, 2013), Requirements for Refrigerant Recovery/Recycling Equipment Intended for Use with a Flammable Refrigerant in Underwriters Laboratories Standard 1963 (Fourth Edition), Standard for Safety: Refrigerant Recovery/Recycling Equipment. 17. Amend subpart F by revising appendix D to read as follows: ■ srobinson on DSK5SPTVN1PROD with PROPOSALS3 Appendix D to Subpart F of Part 82— Standards for Becoming a Certifying Program for Technicians a. Test Preparation Technicians must pass an EPA-approved test, provided by an EPA-approved certifying program to be certified as a Type I technician. Organizations providing Type I certification only may choose either an onsite format or a mail-in format similar to what is permitted under the MVACs program. Technicians must pass a closed-book, proctored test, administered in a secure environment, by an EPA-approved certifying program to be certified as a Type II or Type III technician. Technicians must pass a closed-book, proctored test (or series of tests), administered in a secure environment, by an EPA-approved certifying program to be certified as a Universal technician. Mail-in format Type I tests cannot be used toward a Universal certification. Each certifying program must assemble tests by choosing a prescribed subset from the EPA test bank. EPA will have a test bank with more questions than are needed for an VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 individual test, which will enable the certifying program to generate multiple tests in order to discourage cheating. Each test must include 25 questions drawn from Group 1 and 25 questions drawn from each relevant technical Group. Tests for Universal technicians will include 100 questions (25 from Group 1 and 25 from each relevant technical Group). Universal tests may be taken all at once, or by combining passing scores on separate Type I, Type II, and Type III tests. Questions should be divided in order to sufficiently cover each topic within the Group. Certifying programs must provide a paper hand-out or electronic form of communication to technicians after they have completed their certification test that contains the following information: —Which certifying program is providing the testing; —contact information for the certifying program; —the name and contact information of the proctor; and —when they should expect to receive their score and, if they passed, their certification card. Each certifying program must show a method of randomly choosing which questions will be on the tests. Multiple versions of the test must be used during each testing event. Test answer sheets must include the name and address of the applicant, the name and address of the certifying program, and the date and location at which the test was administered. Training material accompanying mail-in Type I tests must not include sample test questions mimicking the language of the certification test. All mail-in material will be subject to review by EPA. Certifying programs may charge individuals reasonable fees for the administration of the tests. EPA will publish a list of all approved certifying programs. b. Proctoring A certifying program for Type I (if inperson), Type II, Type III, and Universal technicians must designate at least one proctor registered for every 50 people taking tests at the same time at a given site. The certification test for Type I (if taken as part of a Universal certification), Type II, Type III, and Universal technicians is a closed-book exam. The proctors must ensure that the applicants for certification do not use any notes or training materials during testing. Desks or work space must be placed in a way that discourages cheating. The space and physical facilities are to be conducive to continuous surveillance by the proctors and monitors during testing. The proctor may not receive any benefit from the outcome of the testing other than a fee for proctoring. Proctors cannot know in advance which questions are on the tests they are proctoring. Proctors are required to verify the identity of individuals taking the test by examining photo identification. Acceptable forms of identification include but are not limited to drivers’ licenses, government identification cards, passports, and military identification. Certifying programs for Type I technicians using the mail-in format, must take sufficient PO 00000 Frm 00097 Fmt 4701 Sfmt 4702 69553 measures at the test site to ensure that tests are completed honestly by each technician. Each test for Type I certification must provide a means of verifying the identification of the individual taking the test. Acceptable forms of identification include but are not limited to drivers’ licenses and passports. c. Test Security A certifying program must demonstrate the ability to ensure the confidentiality and security of the test questions and answer keys through strict accountability procedures. An organization interested in developing a technician certification program will be required to describe these test security procedures to EPA. After the completion of a test, proctors must collect all test forms, answer sheets, scratch paper and notes. These items are to be placed in a sealed envelope. d. Test Content All Type I, Type II, Type III, and Universal certification tests will include 25 questions from Group I. Group I will ask questions in the following areas: I. Environmental impact of CFCs, HCFCs, and substitute refrigerants II. Laws and regulations III. Changing industry outlook Type I, Type II and Type III certification tests will also include 25 questions from Group II. Group II will ask questions covering sector-specific issues in the following areas: IV. Leak detection V. Recovery Techniques VI. Safety VII. Shipping VIII. Disposal Universal certification tests will include 75 questions from Group II, with 25 from each of the three sector-specific areas. This is in addition to the 25 questions from Group I. e. Grading Tests must be graded objectively. Certifying programs must inform the applicant of their test results no later than 30 days from the date of the test. Type I certifying programs using the mail-in format must notify the applicants of their test results no later than 30 days from the date the certifying programs received the completed test and any required documentation. The passing score for the closed-book Type I, Type II, Type III and Universal certification test is 70 percent. The passing score for Type I certification tests using the mail-in format is 84 percent. f. Proof of Certification Certifying programs must issue a standard wallet-sized identification card no later than 30 days from the date of the test. Type I certifying programs using mail-in formats must issue cards to certified technicians no later than 30 days from the date the certifying program receives the completed test and any required documentation. Each wallet-sized identification card must include, at a minimum, the name of the certifying program including the date the certifying program received EPA approval, the name of the person certified, the type of E:\FR\FM\09NOP3.SGM 09NOP3 srobinson on DSK5SPTVN1PROD with PROPOSALS3 69554 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules certification, a unique number for the certified person that does not include a technician’s social security number, and the following text: [Name of person] has successfully passed a [Type I, Type II, Type III and/or Universal—as appropriate] exam on how to responsibly handle refrigerants as required by EPA’s National Recycling and Emissions Reduction Program. g. Recordkeeping and Reporting Requirements Certifying programs must maintain records of the names and addresses of all individuals taking the tests, the scores of all certification tests administered, and the dates and locations of all tests administered. These records must be maintained indefinitely, unless transferred to another certifying program or EPA. EPA must receive an activity report from all approved certifying programs by every January 30 and July 30, which covers the previous six months of certifications. The first report must be submitted following the first full six-month period for which the program has been approved by EPA. This report includes the pass/fail rate and testing schedules. If the certifying program believes a test bank question needs to be modified, information about that question should also be included. Approved certifying programs will receive a letter of approval from EPA. Each testing center must display a copy of that letter at their place of business. Approved technician certification programs that voluntarily plan to stop providing the certification test must forward all records required by this appendix and § 82.161 to another program currently approved by EPA in accordance with this appendix and with § 82.161. Approved technician certification programs that receive records of certified technicians from a program that no longer offers the certification test, and the program that is voluntarily withdrawing from being a technician certification program must inform EPA in writing at the address listed in § 82.160 within 30 days of receiving or transferring these records. The notification must include the name and address of the program to which the records have been transferred. If another currently approved program willing to accept the records cannot be located, these records must be submitted to EPA at the address listed at § 82.160. Technician certification programs that have had their certification revoked in accordance with § 82.169 must forward all records required by this appendix and § 82.161 to EPA at the address listed in § 82.160. Failure to do so is a violation of 40 CFR part 82, subpart F. h. Additional Requirements EPA may periodically inspect testing sites to ensure compliance with EPA regulations. If testing center discrepancies are found, they must be corrected within a specified time period. If discrepancies are not corrected, EPA may suspend or revoke the certifying program’s approval. The inspections will include but are not limited to a review of the certifying VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 program’s provisions for test security, the availability of space and facilities to conduct the administrative requirements and ensure the security of the tests, the availability of adequate testing facilities and spacing of the applicants during testing, a review of the proper procedures regarding accountability, and that there is no evidence of misconduct on the part of the certifying programs, their representatives and proctors, or the applicants for certification. If the certifying programs offer training or provide review materials to the applicants, these endeavors are to be considered completely separate from the administration of the certification test. 18. Amend subpart F by adding appendix E to read as follows: ■ Appendix E to Subpart F of Part 82— Test Procedure for Leaks From Containers Holding Two Pounds or Less of Refrigerant for Use in an MVAC This appendix is based on the California Air Resources Board (CARB) standard TP± 503: Test Procedure for Leaks from Small Cans of Automotive Refrigerant, as amended on January 5, 2010; and CARB standard BP± A1: Balance Protocol for Gravimetric Determination of Sample Weights using a Precision Balance, as amended January 5, 2010. Section 1. Applicability This test procedure is used by manufacturers of containers holding two pounds or less of refrigerant for use in a motor vehicle air conditioner (MVAC) to determine the leakage rate of small containers of automotive refrigerant that are subject to the requirements of 40 CFR part 82, subpart F. Specifically, this test procedure will specify the equipment, procedures, and calculations to determine if a container holding two pounds or less of refrigerant for use in an MVAC complies with the leakage rate specified in § 82.154(c)(2)(ii). All terms in this appendix will follow the definitions in § 82.152 unless otherwise defined in this appendix. All containers holding two pounds or less of refrigerant for use in an MVAC must comply with other applicable codes and regulations such as local, state, or Federal safety codes and regulations. This test procedure involves the use of materials under pressure and operations and should only be used by or under the supervision of those familiar and experienced in the use of such materials and operations. Appropriate safety precautions should be observed at all times while performing this test procedure. Section 2. Principle and Summary of Test Procedure This procedure is used to determine the leakage rate of containers holding two pounds or less of refrigerant for use in an MVAC (small cans). Testing will involve subjecting both full and partially empty cans in both upright and inverted positions at two temperatures: 73 °F and 130 °F. Thirty small cans are tested under each condition for a total of 240 small cans tested. PO 00000 Frm 00098 Fmt 4701 Sfmt 4702 Small cans are brought to temperature stability, weighed, then stored for 30 days under specified conditions of temperature, orientation, and state of fill, then re-weighed. Leakage rate (grams/year) is estimated by (weight loss in grams) × 365/(days duration). The leakage rate is then compared to a standard of 3.00 grams/year to determine if a given small can complies with the leakage rate specified in § 82.154(c)(2)(ii). Section 3. Biases and Interferences 3.1 Contaminants on the operator’s hands can affect the weight of the small can and the ability of the small can to absorb moisture. To avoid contamination of the small can, the balance operator should wear gloves while handling the small cans. 3.2 Weight determinations can be interfered with by moisture condensing on the small can and by thermal currents generated by temperature differences between the small can and the room temperature. The small cans cool during discharge and could cause condensation. For these reasons, small cans must be equilibrated to balance room temperature for at least four hours before weighing. 3.3 Variations in the temperature, pressure, and humidity of the ambient air will cause variations in the buoyancy of the small can. These variations should typically be less than 25 mg for a small can. If the small can is not leaking at all, then the uncorrected weight changes will be within the range of 0 ± 25 mg, which is about ten percent of the 247 mg loss expected after thirty days for a can leaking at 3 g/yr. In that case buoyancy corrections can be omitted. If the absolute value of the uncorrected weight change exceeds 25 mg, then all calculations must be made using weights corrected for buoyancy based on the temperature, pressure, and humidity of the weighing room. 3.4 Some electronic balances are sensitive to the effects of small static charges. The small can should be placed directly on the balance pan, ensuring metal to metal contact. If the balance pan is not grounded, the small can and balance pan should be statically discharged before weighing. Section 4. Sensitivity and Range The mass of a full small can could range from roughly 50 g to 1000 g depending on the container capacity. A top loading balance, capable of a maximum weight measurement of not less than 1,000 g and having a minimum readability of 0.001 g, reproducibility and linearity of ± 0.002 g, must be used to perform mass measurements. Section 5. Equipment 5.1 A top loading balance that meets the requirements of Section 4 above. 5.2 A NIST traceable working standard mass for balance calibration. A NIST traceable working standard mass for a balance linearity check. A reference mass to serve as a ‘‘blank’’ small can. 5.3 An enclosure capable of controlling the internal air temperature from 73 °F ± 5 °F, and an enclosure capable of controlling the internal air temperature to 130 °F ± 5 °F. 5.4 A temperature instrument capable of measuring the internal temperature of the E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules temperature conditioning enclosures and the balance room with a sensitivity of ± 2 °F. 5.5 A barometric pressure instrument capable of measuring atmospheric pressure at the location of the balance to within ± 0.02 inches of mercury. 5.6 A relative humidity measuring instrument capable of measuring the relative humidity (RH) at the location of the balance with a sensitivity of ± 2% RH. 5.7 A hose with appropriate fitting for dispensing refrigerant from the small can to a recovery machine. 5.8 A refrigerant recovery machine to collect the discharged refrigerant from small cans being tested. Section 6. Calibration Procedures 6.1 Calibrations are applied to the balance and to the support equipment such as temperature, humidity, and pressure monitoring equipment. Procedures for calibration are not spelled out here. General calibration principals for the support equipment and the balance are described in Section 11, Quality Assurance/Quality Control. Detailed calibration procedures for measurements made using the balance are contained in Attachment A: ‘‘Balance Protocol for Gravimetric Determination of Sample Weights using a Precision Balance.’’ srobinson on DSK5SPTVN1PROD with PROPOSALS3 Section 7. Small Can Preparation 7.1 Receive a batch of 240 small cans of one design to be tested. These may include several SKUs from different manufacturers if the container and valve combination are the same. 7.2 Clean small cans with Alkanox solution or equivalent and dry with a lint free towel. 7.3 Confirm that the sample ID sticker on the small can matches the sample ID on the chain of custody forms. 7.4 Select a reference mass similar to the weight of a full small can. If multiple sets of similar sized small cans are being tested, only one reference mass is needed; it can be used with all sets. Store the reference mass in the balance area. 7.5 Evacuate the contents of one half of the small cans (120 cans) into the refrigerant recovery machine using normal DIY dispensing procedures until each small can is approximately half full. 7.6 Select a reference mass similar to the weight of the half-full small can. If multiple sets of similar size small cans are being tested, only one reference mass is needed; it can be used with all sets. Store the reference mass in the balance area. Section 8. Small Can Weighing Weighing cans on the balance is done in accordance with Attachment A to this appendix. Attachment A describes how to conduct weight determinations including appropriate calibration and QC data. This section, ‘‘Small Can Weighing,’’ describes the overall process, not the details of how to use the balance. Initial Weights 8.1 Put on gloves. Check the small cans for contamination. 8.2 Place the 240 small cans into a location where they can equilibrate to VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 balance room temperature. Record the small can test IDs and the equilibration start time on the Small Can Test Data Forms (Form XXXX–YY) available on EPA’s Web site in sets of thirty, one form for each of the eight test conditions. 8.3 Let cans equilibrate for at least four hours. 8.4 Weigh the set of 240 small cans and the reference weights using Attachment A and log the results to the Balance Weighing Log Form (Form XXXX–YY) available on EPA’s Web site. 8.5 Transfer data from the Balance Weighing Log Form to the Small Can Test Data Form in sets of 30, one set for each of the eight conditions to be tested. Thirty-Day Soak 8.6. Place each set of 30 small cans into the appropriate orientation and temperature for soaking: 30 full small cans—73 °F, upright 30 full small cans—73 °F, inverted 30 full small cans—130 °F, upright 30 full small cans—130 °F, inverted 30 half-full small cans—73 °F, upright 30 half-full small cans—73 °F, inverted 30 half-full small cans—130 °F, upright 30 half-full small cans—130 °F, inverted 8.7. Soak the small cans for 30 days undisturbed. Final Weighing 8.8 Place the 240 small cans into a location where they can equilibrate to balance room temperature. 8.9 Let the small cans equilibrate for at least four hours. 8.10 Weigh the set of 240 small cans, the reference weights, and any additional sets of small cans using Attachment A. 8.11 Transfer data from the Balance Weighing Log Form to the corresponding Small Can Test Data Forms. Section 9. Calculations Corrections for Buoyancy The calculations in this section are described in terms of ‘‘weight.’’ Mass is a property of the small can, whereas weight is a force due to the effects of buoyancy and gravity. Procedures for correcting the effect of buoyancy are given in Attachment B of this appendix. Ignoring buoyancy, i.e. using weight data uncorrected for buoyancy effects, is acceptable for a thirty day test if the absolute magnitude of the weight change is less than 25 mg. If the uncorrected weight change exceeds 25 mg for any small can, then correct all small can weights for buoyancy using the procedures in Attachment B before performing the calculations described below. Calculation of Leak Rate The emission rate in grams/day for each small can is calculated by subtracting the final weight from the initial weight and then dividing the weight difference by the time difference measured in days to the nearest hour (nearest 1/24 of a day). The emission rate in g/day is multiplied by 365 to determine emission rate in grams/yr. If the annual emission rate for any small can exceeds the entire small can contents, then the annual emission rate for that small can is adjusted to equal the entire small can PO 00000 Frm 00099 Fmt 4701 Sfmt 4702 69555 contents/year (e.g., about 350 g/yr for a 12 ounce small can). The annual emission rate for the purpose of the test is calculated by averaging the 240 individual adjusted annual emission rates and rounding to two decimal places. The cans fail the test if the adjusted annual emission rate averaged over 240 cans is greater than 3.00 g/yr. The calculations are described below. Loss Rate for Each Small Can Eidaily = (Wifinal ¥ Wiinitial) / (Difinal ¥ Diinitial) g/day Eiannual = 365 × Eidaily g/year Eiadjusted = Minimum of (Eiadjusted, Ci/year) g/ yr Where, Ei = emission rate Wifinal = weight of can i after soaking (grams) Wiinitial = weight of can I before soaking (grams) Difinal = date/time of final weight measurements (days) Diinitial = date/time of initial weight measurements (days) Ci = original factory mass of refrigerant in can i Note: Date/Times are measured in days. Microsoft Excel stores dates and times in days, and the calculations can be made directly in Excel. If calculations are made manually, calculate serial days to the nearest hour for each date and time as follows: D = Julday + Hour/24 Where, Julday = serial day of the year: Jan 1 = 1, Jan 31 = 31, Feb 1 = 32, etc. Hour = hour of day using 24-hour clock, 0 to 23 Calculate the average loss rate for the 240 small cans as follows: Emean = [Sum (Eadjustedi), i=1 to 240] / 240 Section 10. Recordkeeping During small can weighing, record the small can weights and date/times on the Balance Weighing Log Form. After each weighing session, transfer the measured weights and date/times from the Balance Weighing Log Form to the Small Can Test Data Form. At the end of the test, complete the calculations described in Section 9, Calculations, and record the results on the Small Can Test Data Form. Section 11. Quality Assurance/Quality Control 11.1 All temperature, pressure, and humidity instruments should be calibrated annually against NIST traceable laboratory standards. The main purpose of the NIST traceable calibration is to establish the absolute accuracy of the device. The instruments should also be checked periodically such as weekly, monthly, or quarterly against intermediate standards or against independent instruments. For example, a thermocouple can be checked weekly against a wall thermometer. A barometer or pressure gauge can be checked weekly by adjusting to sea level and comparing with local airport data. The main purpose of the frequent checks is to verify that the device has not failed in some way. E:\FR\FM\09NOP3.SGM 09NOP3 69556 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules This is especially important for electronic devices such as a digital thermometer, but even a liquid filled thermometer can develop a problem such as a bubble. 11.2 The balance should be serviced and calibrated annually by an independent balance service company or agency using NIST traceable reference masses. Servicing verifies accuracy and linearity, and the maintenance performed helps ensure that a malfunction does not develop. 11.3 The balance must also be calibrated and its linearity checked with working standards before and after each weighing session, or before and after each group of 24 small cans if more than 24 small cans are weighed in a session. Procedures for calibrating and using the balance, as well as recording balance data, are described in the accompanying balance weighing protocol. These procedures include zero checks, calibration checks, and reference mass checks. Procedures for calculating quality control data from those checks are described in Attachment A. 11.4 The small cans are cleaned then handled using gloves to prevent contamination. All equilibration and soaking must be done in a dust free area. ATTACHMENT A—BALANCE PROTOCOL FOR GRAVIMETRIC DETERMINATION OF SAMPLE WEIGHTS USING A PRECISION BALANCE 1. Scope and Application This Protocol summarizes a set of procedures and tolerances for weighing objects in the range of 0 to 1,000 g with a resolution of 0.001 g. This protocol only addresses balance operations, it does not address project requirements for equilibration, sample hold time limits, sample collection etc. srobinson on DSK5SPTVN1PROD with PROPOSALS3 3. Definitions N/A. 4. Interferences Object weights can be affected by temperature and relative humidity of their environment, air currents, static electricity, gain and loss of water vapor, gain or loss of and loss of volatile compounds directly from the sample or from contaminants such as finger prints, marker ink, and adhesive tape. Contamination, transfer of material to or from the samples, is controlled by conducting operations inside a clean area dedicated to the purpose and having a filtered laminar air flow where possible; by wearing gloves while handling all samples and related balance equipment; by using forceps to handle small objects, and by keeping the balance and all related equipment inside the clean area. 05:04 Nov 07, 2015 Jkt 238001 5. Personnel Health and Safety N/A. 6. Equipment and Supplies • Filtered, temperature and humidity controlled weighing chamber. • Precision Balance. • Plastic forceps. • Nylon fabric gloves. • Working calibration weights: ANSI Class 2, 1000g and 500 g. • Working sensitivity weight: 50 mg. • Reference objects: references are one or more objects that are typical of the objects to be weighed during a project, but that are stored permanently inside the balance glove box. Reference objects are labeled Test1, Test2, Test3, etc. 7. Reagents and Standards N/A. 2. Summary of Method The balance is zeroed and calibrated using procedures defined herein. Object weight determinations are conducted along with control object weight determinations, zero checks, calibration checks, sensitivity checks, and replicate weightings in a defined sequence designed to control and quantitatively characterize precision and accuracy. VerDate Sep<11>2014 Air currents are controlled by conducting weighing operations inside a closed chamber or glove box and by allowing the substrates to reach temperature and relative humidity equilibrium. The chamber is maintained at 40% relative humidity and 25 °C by a continuous humidity and temperature control system. The temperature and RH conditions are recorded at least once per weighing sessions. Equilibration times for samples that are particularly sensitive to humidity or to loss of semi-volatiles species are specified by project requirements. Static electric charges on the walls of the balance and the weighed objects, including samples, controls, and calibration weights, can significantly affect balance readings. Static is avoided by the operator ground himself and test objects as described in the balance manual. 8. Sample Collection, Preservation, and Storage N/A. See relevant project requirements and SOPs. 9. Quality Control Data quality is controlled by specifying frequencies and tolerances for Zero, Calibration, Linearity, and Sensitivity checks. If checks do not meet tolerance criteria, then samples must be re-weighed. In addition, the procedures specify frequencies for Control Object Checks. Data quality is quantitatively characterized using Zero Check, Calibration Check, and Control Check data. These data are summarized monthly in statistics and QC charts. 10. Calibration and Standardization The absolute accuracy of the balance is established by calibration against an ANSI Class 2, stainless steel working weight: 1000.000 g ± 0.0025 g. Linearity is established checking the midpoint against an ANSI Class 2 stainless steel working weight: 500.000 ± 0.0012 g. Sensitivity is established using and ANSI Class 2 stainless steel or aluminum working weight: 50 mg. Precision is checked by periodically checking zero, calibration, and reference object weights. 11. Procedure 11.1 Overview of Weighing Sequence PO 00000 Frm 00100 Fmt 4701 Sfmt 4702 Weighing a series of substrates consists of performing the following procedures in sequence, while observing the procedures for handling and the procedures for reading the balance: 1. Initial Adjustment. 2. Weigh eight samples. 3. Zero Check. 4. Weigh eight samples. 5. Zero Check. 6. Weigh eight samples. 7. Calibration Check. 8. Return to step 2. 9. If less than 24 cans are weighed, perform a final Calibration Check at the end of weighing. This sequence is interrupted and samples are reweighed if QC check tolerances are not met. Each of these procedures along with procedures for handling and reading the balance are described below. The QC tolerances referred to in these procedures are listed in Table 1. 11.2 Handling 1. Never touch samples, weights, balance pans, etc. with bare hands. Wear powder free gloves to handle the weights, controls, and samples. 11.3 Reading the Balance 1. Close the door. Wait for the balance stabilization light to come on, and note the reading. 2. Watch the balance reading for 30 sec (use a clock). If the reading has not changed by more than 0.001 g from the reading noted in step 1, then record the reading observed at the end of the 30 sec period. 3. If the reading has drifted more than 0.001 g note the new balance reading and go to step 2. 4. If the balance reading is flickering back and forth between two consecutive values choose the value that is displayed more often than the other. 5. If the balance reading is flickering equally back and forth between two consecutive values choose the higher value. 11.4 Initial Adjustment 1. Empty the sample pan Close the door. Select Range 1000 g. 2. Wait for a stable reading. 3. Record the reading with QC code IZC (initial zero check). 4. Press the Tare button. 5. Record the reading in the logbook with QC code IZA (initial zero adjust). 6. Place the 1,000 g working calibration weight on the balance pan. 7. Wait for a stable reading. 8. Record the reading with QC code ICC (initial cal check). 9. Press the Calibrate button. 10. Record the reading with QC code ICA (initial cal adjust). 11. Remove the calibration weight. 12. Wait for a stable reading. 13. Record the reading with QC code IZC. 14. If the zero reading exceeds ± 0.002 g, go to step 4. 15. Place the 500 g calibration weight on the balance pan. 16. After a stable reading, record the reading with QC code C500. Do not adjust the balance. E:\FR\FM\09NOP3.SGM 09NOP3 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 17. Add the 0.050 g weight to 500 g weight on the balance pan. 18. After a stable reading, record the reading with QC code C0.05. Do not adjust the balance. 19. Weigh reference object TEST1, record reading with QC code T1. 20. Weigh the reference object TEST2, TEST3, etc. that is similar in weight to the samples that you will be weighing. Record with QC code T2, T3, etc. 11.5 Zero Check 1. Empty the sample pan. Close the door. 2. Wait for a stable reading 3. Record the reading with QC code ZC 4. If the ZC reading is less than or equal to the zero adjustment tolerance shown in Table 1, return to weighing and do not adjust the zero. If the ZC reading exceeded the zero adjustment tolerance, proceed with steps 5 through 7. 5. Press the Tare button 6. Record the reading in the logbook with QC code ZA. 7. If the ZC reading exceeded the zero reweigh tolerance, change the QC code recorded in step 3 from ZC to FZC. Then enter a QC code of FZ into the QC code column of all samples weights obtained after the last valid zero check. Re-weigh all of those samples, recording new data in new rows of the logbook. 11.6 Calibration Check 1. First, follow procedures for Zero Check. If the ZC was within tolerance, tare the balance anyway (i.e. follow steps 5 and 6 of the Zero Check method) 2. Place the 1,000 g working calibration weight on the sample pan, wait for a stable reading. 3. Record the reading with QC code C1000 4. If the C1000 reading is less than or equal to the calibration adjustment tolerances, skip steps 5 through 8 and proceed to step 9. Do not adjust the calibration. 69557 5. If the C100 reading exceeded the calibration adjust tolerance, press the Calibrate button. 6. Record the reading in the logbook with QC code CA 7. Perform a Zero Check (follow the Zero Check method) 8. If the C1000 reading exceeded the calibration re-weigh tolerance, change the code recorded in step 3 from C1000 to FC1000. Enter FC into the QC column for all sample weights obtained after the last valid calibration check. Re-weigh all of those samples, recording new data in new rows of the logbook. 11.7 Replicate Weighing Check 1. This protocol does not include reweigh samples to obtain replicates. The projects for which this protocol is intended already include procedures multiple weightings of each sample. TABLE 1—QC TOLERANCES AND FREQUENCIES FOR BALANCE PROTOCOL Reading Tolerance: 0.001 g, stable for 30 sec. Adjustment Tolerances: Zero: .................................................................................................. Calibration: ........................................................................................ Controls: ............................................................................................ Replicates: ......................................................................................... ¥0.003 to +0.003 g. 999.997 to 1000.003 g. none. none. Re-weigh Tolerances: Zero: .................................................................................................. Calibration: ........................................................................................ Controls: ............................................................................................ Replicates: ......................................................................................... ¥0.005 to +0.005 g. 999.995 to 1000.005 g. none. none. Reference Objects: Test 1—A reference object weighing about 400 g. Test 2—A reference object weighing about 200 g. Test 3—A reference object weighing about 700 g. QC Frequencies: Zero Checks: ..................................................................................... Calibration Checks: ........................................................................... Repeat weighings: ............................................................................. Control objects: ................................................................................. srobinson on DSK5SPTVN1PROD with PROPOSALS3 12. Data Analysis and Calculations For Zero Checks, let Z equal the recorded Zero Check value. For control checks let T1, T2, etc. equal the recorded value for control object Test 1, Test 2, etc. For Calibration Checks, let C1000 equal C1000 reading minus 1000, M = C500¥500, S = .C.050¥C500¥.050. For Replicate Checks, let D equal the loss that occurred between the first and second measurements. In summary: T1 = T1 T2 = T2 T3 = T3 Z = ZC ¥0 C = C1000 ¥1000 M = C500 ¥500 VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 once per 8 samples. once per 24 samples. none (test method includes replicate determinations). once per weighing session. G = C050 ¥ C500 ¥ .050 Tabulate the mean and standard deviation for each of the following: Z, C, M, G. T1, T2, T3. Depending on the number of operators using the balance and the number of protocols in use, analyze the data by subcategories to determine the effects of balance operator and protocol. Each of these standard deviations, SZ, SC, etc. is an estimate of the precision of single weight measurement. For Z, C, M, and G, check the mean value for statistical difference from 0. If the means are statistically different than zero, troubleshooting to eliminate bias may be called for. For Z, C, M, G, T1, T2, T3, check that the standard deviations are all PO 00000 Frm 00101 Fmt 4701 Sfmt 4702 comparable. If there are systematic differences, then troubleshooting to eliminate the problem may be called for. Note that the precision of a weight gain, involves two weight determinations, and therefore is larger than S by a factor of sqrt(2). On the other hand replicate weighings improves the precision of the determinations by a factor of sqrt(N). If N = 2, i.e. duplicates, then the factors cancel each other. To estimate the overall uncertainty in a weight determination, a conservative estimate might be to combine the imprecision contributed by the zero with the imprecision contributed by the calibration. U = Sqrt(SZ2 + SC2) E:\FR\FM\09NOP3.SGM 09NOP3 69558 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules The uncertainty in a weight gain from N replicates is then given by: Ugain = Sqrt(2) × Sqrt(SZ2 + SC2) /Sqrt(N) But due to the balance adjustment and reweigh tolerances, we expect SZ to approximately equal SC, to approximately equal SM, etc. tolerances, so that the equation above becomes: Ugain = 2 × S/Sqrt(N) Where S is any individual standard deviation; or better, a pooled standard deviation. 13. Method Performance The data necessary to characterize the accuracy and precision of this method are still being collected. The method is used primarily to weigh objects before and after a period of soaking to determine weight loss by subtraction. Given the reweigh tolerances, we expect that the precision of weight gain determinations will be on the order of 0.006 g at the 1-sigma level. Bias in the weight gain determination, due to inaccuracy of the calibration weight and to fixed non-linearity of the balance response is on the order 0.005% of the gain. 14. Pollution Prevention When discharging half the can contents during can preparation, do not vent the contents of the small can to the atmosphere. Use an automotive recovery machine to transfer small can contest to a recovery cylinder. 15. Waste Management srobinson on DSK5SPTVN1PROD with PROPOSALS3 Dispose of the contents of the recycle cylinder through a service that consolidates waste for shipment to EPA certified facilities for reclaiming or destruction. VerDate Sep<11>2014 05:04 Nov 07, 2015 Jkt 238001 ATTACHMENT 2—COMPENSATION OF WEIGHT DATA FOR BUOYANCY AND GRAVITY EFFECTS Gravity Variations in gravity are important only when weighing objects under different gravitational fields, i.e. at different locations or at different heights. Since the balance procedures calibrate the balance against a known mass (the calibration ‘‘weight’’) at the same location where sample objects are weighed, there is no need to correct for location. Although both the sample and the calibration weight are used at the same location, there will be a difference in the height of the center of gravity of the sample object (small can) and the center of gravity of the reference mass (calibration weight). However, this difference in height is maintained during both the initial weights and final weights, affecting the initial and final weights by the same amount, and affecting the scale of the weight difference by only a few ppm. In any event, the magnitude of this correction is on the order of 0.3 ug per kg per mm of height difference. A difference on the order of 100 mm would thus yield a weight difference of about 0.03 mg, which is insignificant compared to our balance resolution which is 0.001 g or 1 mg. Based on the discussion above, no corrections for gravity are necessary when determining weight changes in small cans. Buoyancy Within a weighing session, the difference in density between the sample object and the calibration weight will cause the sample object weight value to differ from its mass value due to buoyancy. For a 1-liter object in air at 20 °C and at 1 atm, the buoyant force is about 1.2 g. The volume of a 1 kg object with a density of 8 g/cm3 (e.g. a calibration weight), is about 0.125 liters, and the buoyancy force is about 0.15 g. Variations in air density will affect both of these values in proportion. The net value being affected by variations in air density is thus on the order PO 00000 Frm 00102 Fmt 4701 Sfmt 9990 of 1.2–0.15 = 1.05 g. Air density can vary up or down by 2% or more due to variations in barometric pressure, temperature, and humidity. The buoyancy force will then vary up or down by 0.02 g, or 20 mg. This is significant compared to the weight change expected after one week for a can leaking at 3 grams per year, which is 57 mg. Based on the discussion above, buoyancy corrections must be made. Variables measured or calculated: Vcan = volume of can (cm3). Estimate to within 10% by measuring the can dimensions or by water displacement. Error in the can volume will cause an error in the absolute amount of the buoyancy force, but will have only a small effect on the change in buoyancy force from day to day. Wcan = nominal weight of a can (g), used to calculate the nominal density of the can. rcan = nominal density of a small can (g/cm3). The nominal values can be applied to corrections for all cans. It is not necessary to calculate a more exact density for each can. Calculate once for a full can and once for a half full can as follows: rcan = WCAN/VCAN T = Temperature in balance chamber (degrees Celsius). RH = Relative humidity in balance chamber (expressed a number between 0 and 100). Pbaro = Barometric pressure in balance chamber (millibar). Use actual pressure, NOT pressure adjusted to sea level. rair = density of air in the balance chamber (g/cm3). Calculate using the following approximation: rair = 0.001*[0.348444*Pbaro ¥ (RH / 100)×(0.252xT ¥ 2.0582)] / (T + 273.15) rref = the reference density of the calibration weight (g/cm3). Should be 8.0 g/cm3. Equation to correct for buoyancy: Wcorrected = Wreading × (1 ¥ rair / rref) / (1 ¥ rair / rcan) [FR Doc. 2015–26946 Filed 11–6–15; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\09NOP3.SGM 09NOP3

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Proposed Rules]
[Pages 69457-69558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26946]

[[Page 69457]]

Vol. 80

Monday,

No. 216

November 9, 2015

Part III

Environmental Protection Agency

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40 CFR Part 82

Protection of Stratospheric Ozone: Update to the Refrigerant Management
Requirements Under the Clean Air Act; Proposed Rule

Federal Register / Vol. 80 , No. 216 / Monday, November 9, 2015 /
Proposed Rules

[[Page 69458]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2015-0453; FRL-9933-48-OAR]
RIN 2060-AS51

Protection of Stratospheric Ozone: Update to the Refrigerant
Management Requirements Under the Clean Air Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Clean Air Act prohibits the knowing release of ozone-
depleting and substitute refrigerants during the course of maintaining,
servicing, repairing, or disposing of appliances or industrial process
refrigeration. The existing regulations require that persons servicing
or disposing of air-conditioning and refrigeration equipment observe
certain service practices that reduce emissions of ozone-depleting
refrigerant. This proposed rule would update those existing
requirements as well as extend them, as appropriate, to non-ozone-
depleting substitute refrigerants, such as hydrofluorocarbons. The
proposed updates include strengthening leak repair requirements,
establishing recordkeeping requirements for the disposal of appliances
containing five to 50 pounds of refrigerant, changes to the technician
certification program, and changes for improved readability,
compliance, and restructuring of the requirements. As a result, this
action would reduce emissions of ozone-depleting substances and gases
with high global warming potentials.

DATES: Comments must be received on or before January 8, 2016. Any
party requesting a public hearing must notify the contact listed below
under FOR FURTHER INFORMATION CONTACT by 5 p.m. Eastern Daylight Time
on November 16, 2015. If a public hearing is requested, the hearing
will be held on or around November 24, 2015. If a hearing is held, it
will take place at EPA headquarters in Washington, DC. EPA will post a
notice on our Web site, www.epa.gov/ozone/strathome.html, announcing
further information should a hearing take place.
Under the Paperwork Reduction Act (PRA), comments on the
information collection provisions are best assured of consideration if
the Office of Management and Budget (OMB) receives a copy of your
comments on or before December 9, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0453, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e. on the web, cloud, or
other file sharing system). For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Luke Hall-Jordan, Stratospheric
Protection Division, Office of Atmospheric Programs, Mail Code 6205T,
1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number
(202) 343-9591; email address hall-jordan.luke@epa.gov. You may also
visit www.epa.gov/ozone/title6/608 for further information about
refrigerant management, other Stratospheric Ozone Protection
regulations, the science of ozone layer depletion, and related topics.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
A. Does this action apply to me?
B. What action is the Agency taking?
C. What is the Agency's authority for taking this action?
D. What are the incremental costs and benefits of this action?
II. Background
A. What are ozone-depleting substances?
B. What is the National Recycling and Emission Reduction
Program?
C. What developments have occurred since EPA first established
the National Recycling and Emission Reduction Program?
D. What are the goals of this proposed rule?
E. Stakeholder Engagement
F. What are the major changes EPA is proposing?
III. The Clean Air Act and EPA's Authority for the Proposed
Revisions
IV. The Proposed Rule
A. Proposed Changes to the Definitions in Section 82.152
B. Proposed Changes to the Venting Prohibition in Section
82.154(a)
C. Proposed Changes to the Refrigerant and Appliance Sales
Restrictions in Section 82.154
D. Proposed Changes to the Evacuation Requirements in Section
82.156
E. Proposed Changes to the Safe Disposal Provisions in Section
82.156(f)
F. Proposed Changes to Leak Repair Requirements in Section
82.156(i)
G. Proposed Changes to the Standards for Recovery and/or
Recycling Equipment in Section 82.158
H. Proposed Changes for Equipment Testing Organizations in
Section 82.160
I. Proposed Changes to the Technician Certification Requirements
in Section 82.161
J. Proposed Changes to the Technician Certification Program
Requirements in Section 82.161
K. Proposed Changes to the Reclamation Requirements in Section
82.164
L. Proposed Changes to the Recordkeeping and Reporting
Requirements in Section 82.166
M. Proposed Effective and Compliance Dates
V. Economic Analysis
VI. Possible Future Changes to Subpart F
A. Appliance Maintenance and Leak Repair
B. Refrigerant Reclamation
C. Safe Disposal of Small Appliances, MVACs, and MVAC-Like
Appliances
D. Technician Certification
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act and 1 CFR
part 51
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

List of Acronyms

AHEF--Atmospheric and Health Effects Framework model
AHRI--Air Conditioning, Heating, and Refrigeration Institute
ARI--Air Conditioning and Refrigeration Institute (now AHRI)
ASHRAE--American Society of Heating, Refrigerating and Air-
Conditioning Engineers, Inc.
CAA--Clean Air Act
CARB--California Air Resources Board
CBI--Confidential business information

[[Page 69459]]

CFC--Chlorofluorocarbon
CO2--Carbon dioxide
GHG--Greenhouse gas
GWP--Global warming potential
HCFC--Hydrochlorofluorocarbon
HFC--Hydrofluorocarbon
HFO--Hydrofluoroolefin
IPCC--Intergovernmental Panel on Climate Change
IPR--Industrial process refrigeration
MMTCO2eq--Million metric tons carbon dioxide equivalent
MVAC--Motor vehicle air conditioner
NAICS--North American Industry Classification System
ODP--Ozone depletion potential
ODS--Ozone-depleting substance
PFC--Perfluorocarbon
RMP--Refrigerant Management Program
SCAQMD--South Coast Air Quality Management District
SNAP--Significant New Alternatives Policy
UL--Underwriters Laboratories

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, repair, recycle or
dispose of refrigeration and air-conditioning appliances and
refrigerants, as well as entities that manufacture or sell
refrigerants, products and services for the refrigeration and air-
conditioning industry. Regulated entities include, but are not limited
to, the following:

------------------------------------------------------------------------
North American
Industry
Category Classification Examples of regulated
System (NAICS) entities
Code
------------------------------------------------------------------------
Industrial Process 111, 11251, Owners or operators
Refrigeration (IPR). 11511, 21111, of refrigeration
2211, 2212, equipment used in
2213, 311, 3121, agriculture and crop
3221, 3222, production, oil and
32311, 32411, gas extraction, ice
3251, 32512, rinks, and the
3252, 3253, manufacture of
32541, 3256, frozen food, dairy
3259, 3261, products, food and
3262, 3324, beverages, ice,
3328, 33324, petrochemicals,
33341, 33361, chemicals,
3341, 3344, machinery, medical
3345, 3346, equipment, plastics,
3364, 33911, paper, and
339999. electronics.
Commercial Refrigeration...... 42374, 42393, Owners or operators
42399, 4242, of refrigerated
4244, 42459, warehousing and
42469, 42481, storage facilities,
42493, 4451, supermarkets,
4452, 45291, grocery stores,
48422, 4885, warehouse clubs,
4931, 49312, supercenters,
72231. convenience stores,
and refrigerated
transport.
Comfort Cooling............... 45211, 45299, Owners or operators
453998, 512, of air-conditioning
522, 524, 531, equipment used in
5417, 551, 561, the following:
6111, 6112, Hospitals, office
6113, 61151, buildings, colleges
622, 7121, and universities,
71394, 721, 722, metropolitan transit
813, 92. authorities, real
estate rental &
leased properties,
lodging and food
services, property
management, schools,
and public
administration or
other public
institutions.
Plumbing, Heating, and Air- 238220, 81131, Plumbing, heating,
Conditioning Contractors. 811412. and air-conditioning
contractors, and
refrigerant recovery
contractors.
Manufacturers and Distributors 325120, 441310, Automotive parts and
of Small Cans of Refrigerant. 447110. accessories stores
and industrial gas
manufacturers.
Reclaimers.................... 325120, 423930, Industrial gas
424690, 562920, manufacturers,
562212. recyclable material
merchant
wholesalers,
materials recovery
facilities, solid
waste landfills, and
other chemical and
allied products
merchant
wholesalers.
Disposers and Recyclers of 423990, 562212, Materials recovery
Appliances. 562920. facilities, solid
waste landfills, and
other miscellaneous
durable goods
merchant
wholesalers.
Refrigerant Wholesalers....... 325120, 42, Industrial gas
424690. manufacturers, other
chemical and allied
products merchant
wholesalers,
wholesale trade.
Certifying Organizations...... 541380........... Environmental test
laboratories and
services.
------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding the types of entities that could
potentially be regulated by this action. Other types of entities not
listed in the table could also be affected. To determine whether your
facility, company, business organization, or other entity is regulated
by this action, you should carefully examine the applicability criteria
contained in section 608 of the Clean Air Act (CAA or the Act) as
amended and this proposed rule. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the FOR FURTHER INFORMATION CONTACT section.

B. What action is the Agency taking?

The existing regulations require that persons servicing or
disposing of air-conditioning and refrigeration equipment observe
certain service practices that reduce emissions of ozone-depleting
refrigerant. Specifically, these provisions include: Requiring that
technicians be certified to work on appliances; restricting the sale of
refrigerant to certified technicians; specifying the proper evacuation
levels before opening up an appliance; requiring the use of certified
refrigerant recovery and/or recycling equipment; requiring the
maintenance and repair of appliances that meet certain size and leak
rate thresholds; requiring that ozone-depleting refrigerants be removed
from appliances prior to disposal; requiring that air-conditioning and
refrigeration equipment be provided with a servicing aperture or
process stub to facilitate refrigerant recovery; requiring that
refrigerant reclaimers be certified in order to reclaim and sell used
refrigerant; and establishing standards for technician certification
programs, recovery equipment, and quality of reclaimed refrigerant.
This rule proposes to update the existing requirements in 40 CFR
part 82, subpart F (subpart F) that currently apply to ozone-depleting
refrigerants and then extend those requirements, as

[[Page 69460]]

appropriate, to non-ozone-depleting substitute refrigerants, including
but not limited to hydrofluorocarbons (HFCs) and perfluorocarbons
(PFCs). This rule would also streamline the regulations to improve
clarity.

C. What is the Agency's authority for taking this action?

EPA is proposing these revisions to the National Recycling and
Emission Reduction Program found at 40 CFR part 82, subpart F under the
authority of section 608 of the CAA. More detail on EPA's authority for
this action is provided in the following sections. To summarize
briefly, section 608(a) requires EPA to promulgate regulations
regarding the use and disposal of ozone-depleting substances (ODS) that
reduce the use and emissions of such substances to the lowest
achievable level, and to maximize the recapturing and recycling of such
substances. Section 608(c) prohibits any person from knowingly venting,
releasing, or disposing into the environment any ozone-depleting or
substitute refrigerant in the course of maintaining, servicing,
repairing, or disposing of air-conditioning or refrigeration appliances
or industrial process refrigeration (IPR). In addition, EPA's authority
for this rulemaking is supplemented by section 301(a) which provides
authority to ``prescribe such regulations as are necessary to carry out
[the EPA Administrator's] functions under this Act'' and section 114
which provides authority for the EPA Administrator to require
recordkeeping and reporting in carrying out any provision of the CAA
(with certain exceptions that do not apply here).

D. What are the incremental costs and benefits of this action?

The revisions proposed here would require certain businesses to
take actions that would have financial costs, such as conducting leak
inspections, repairing leaks, and keeping records. The Agency has
performed an analysis to estimate the impact on the entire United
States economy associated with the proposed regulatory changes. Total
incremental compliance costs associated with this proposed rule are
estimated to be $63 million per year in 2014 dollars. Total annual
operating savings associated with reduced refrigerant use are estimated
to be $52 million; thus incremental compliance costs and refrigerant
savings combined are estimated to be approximately $11 million. A more
detailed description of the results of the analysis and the methods
used can be found in the technical support document, Analysis of the
Economic Impact and Benefits of Proposed Revisions to the National
Recycling and Emission Reduction Program.
The proposed update and revisions to the requirements under section
608 would significantly reduce emissions of refrigerants and thus
ameliorate the harm they would cause to the environment. EPA estimates
that the proposed revisions will prevent damage to the stratospheric
ozone layer by reducing emissions of ozone-depleting refrigerants by
approximately 116 metric tons per year, weighted by the ozone-depletion
potential (ODP) of the gases emitted. Avoided emissions of ozone-
depleting refrigerants and non-ozone-depleting substitutes will also
safeguard Earth's climate because most of these refrigerants are potent
greenhouse gases. Weighted by their global warming potentials (GWP),\1\
EPA estimates that the proposed revisions will prevent annual emissions
of greenhouse gases equivalent to 7.5 million metric tons of carbon
dioxide (MMTCO2eq). The reductions in emissions of GHGs and
ODS have benefits for human health and the environment, which have been
discussed at length in prior EPA rulemakings including the Endangerment
and Cause or Contribute Findings for Greenhouse Gases (74 FR 66496,
66517, 66539) and in section II.D of this preamble. Details of the
benefits and the methods used to estimate them are discussed later in
this preamble and in the technical support document referenced above.
---------------------------------------------------------------------------

\1\ Unless otherwise stated, GWPs stated in this document are
100-year integrated GWPs, relative to a GWP of 1 for carbon dioxide,
as reported in IPCC, 2007. Climate Change 2007: The Physical Science
Basis. Contribution of Working Group I to the Fourth Assessment
Report of the Intergovernmental Panel on Climate Change [Solomon,
S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M.Tignor
and H.L. Miller (eds.)]. Cambridge University Press, Cambridge,
United Kingdom and New York, NY, USA. This document is accessible at
www.ipcc.ch/publications_and_data/ar4/wg1/en/contents.html. For
blends of multiple compounds, we are weighting the GWP of each
component by mass percentage in the blend.
---------------------------------------------------------------------------

EPA anticipates further benefits including emissions reductions
associated with enhanced recordkeeping provisions, and emissions
reductions following from consistent standards for ODS- and substitute-
containing appliances. These additional benefits have not been
quantified. There may be additional energy savings due to leak repair,
which also have not been quantified.

II. Background

A. What are ozone-depleting substances?

The stratospheric ozone layer protects life on Earth from the sun's
harmful radiation. This natural shield has gradually been depleted by
man-made chemicals. Chlorofluorocarbons (CFCs) were discovered in the
1970s to deplete the stratospheric ozone layer. CFCs and other class I
ODS like methyl chloroform, carbon tetrachloride, and halons were used
as refrigerants, solvents, foam blowing agents, fire suppression agents
and in other smaller applications. Class I ODS have been phased out
though they may still be reclaimed from existing appliances and reused.
Hydrochlorofluorocarbons (HCFCs), class II ODS with lower potential to
deplete the ozone layer than class I substances, are currently being
phased out. All of these compounds have atmospheric lifetimes long
enough to allow them to be transported by winds into the stratosphere.
Because they release chlorine or bromine when they break down, they
damage the protective ozone layer.
The initial concern about the ozone layer in the 1970s led to a ban
on the use of CFCs as aerosol propellants in several countries,
including the United States. In 1985, the Vienna Convention on the
Protection of the Ozone Layer was adopted to formalize international
cooperation on this issue. Additional efforts resulted in the adoption
of the Montreal Protocol on Substances that Deplete the Ozone Layer in
1987. Today, all countries recognized by the United Nations have
ratified the Montreal Protocol and have agreed to phase out the
production of ODS.

B. What is the National Recycling and Emission Reduction Program?

Section 608 of the CAA requires EPA to establish a comprehensive
refrigerant management program to limit emissions of ozone-depleting
refrigerants. Section 608 also prohibits the knowing release or
disposal of ozone-depleting refrigerant and their substitutes during
the maintenance, service, repair, or disposal of air-conditioning and
refrigeration appliances or IPR. Section 608 is described in greater
detail in Section III of this proposal below.
EPA first issued regulations under section 608 of the CAA on May
14, 1993 (58 FR 28660, ``1993 Rule''), to establish the national
refrigerant management program for ozone-depleting refrigerants
recovered during the maintenance, service, repair, and disposal of air-
conditioning and refrigeration appliances. Together with the

[[Page 69461]]

prohibition on venting during the maintenance, service, repair, or
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 regulations require that persons servicing air-conditioning and
refrigeration equipment containing an ozone-depleting refrigerant
observe certain practices that reduce emissions. They also established
refrigerant recovery equipment requirements, reclamation certification
requirements, technician certification requirements, and restricted the
sale of refrigerant to certified technicians. In addition, they
required that ODS be removed from appliances prior to disposal, and
that all air-conditioning and refrigeration equipment using an ODS be
provided with a servicing aperture or process stub to facilitate
refrigerant recovery.
The 1993 Rule also established a requirement to repair leaking
appliances containing 50 or more pounds of ODS refrigerant. The rule
set an annual leak rate of 35 percent for commercial refrigeration
appliances and IPR and 15 percent for comfort cooling appliances. If
the applicable leak rate is exceeded, the appliance must be repaired
within 30 days.
EPA revised these regulations through subsequent rulemakings
published on August 19, 1994 (59 FR 42950), November 9, 1994 (59 FR
55912), August 8, 1995 (60 FR 40420), July 24, 2003 (68 FR 43786),
March 12, 2004 (69 FR 11946), and January 11, 2005 (70 FR 1972). EPA
has also issued proposed rules to revise the regulations in subpart F
on June 11, 1998 (63 FR 32044) and December 15, 2010 (75 FR 78558),
elements of which were not finalized and which EPA is re-proposing in
this rule.
The August 19, 1994, rule amended specific definitions, required
practices, and reporting and recordkeeping requirements, as well as
adopted industry standards for reclaimed ODS refrigerants.
The November 9, 1994, rule clarified the conditions under which
technician certification programs were grandfathered, allowing
technicians who had participated in voluntary technician training and
certification programs prior to the publication of the 1993 Rule to
receive formal certification. The rule also clarified the scope of the
technician certification requirement and provided a limited exemption
from certification requirements for apprentices.
The August 8, 1995, rule was issued in response to a settlement
agreement between EPA and the Chemical Manufacturers Association to
give additional flexibility to repair or retrofit IPR appliances
containing ODS. In that rule, EPA allowed owners or operators
additional time beyond 30 days to complete repairs to address leaks and
more than one year to retrofit appliances where certain conditions
applied (i.e., equipment located in areas subject to radiological
contamination, unavailability of necessary parts, or adherence to local
or State laws hinder immediate repairs). EPA also clarified that purged
refrigerants that have been captured and destroyed can be excluded from
the leak rate calculations.
The July 24, 2003, rule finalized portions of a proposed rulemaking
(61 FR 7858; February 29, 1996) that amended the recordkeeping aspects
of the section 608 technician certification program, refined aspects of
the refrigerant sales restriction, adopted updated versions of ARI
Standards 700 \2\ and 740,\3\ amended several definitions, and set
forth procedures for the revocation and/or suspension of approval to
certify technicians and refrigerant recovery and/or recycling equipment
and revocation and/or suspension procedures for certification as a
refrigerant reclaimer.
---------------------------------------------------------------------------

\2\ The Air Conditioning and Refrigeration Institute Standard
700, Specification for Fluorocarbons and Other Refrigerants,
contains standards for the reclamation of used refrigerants.
\3\ The Air Conditioning and Refrigeration Institute Standard
740, Performance Rating of Refrigerant Recovery Equipment and
Recovery/Recycling Equipment, contains standards for the equipment
used to recover refrigerant from air-conditioning and refrigeration
appliances.
---------------------------------------------------------------------------

The March 12, 2004, rule exempted from the venting prohibition of
section 608(c)(2) specific non-ozone-depleting substances that the
Agency found did not pose a threat to the environment (69 FR 11946).
The rule notably did not exempt HFC and PFC refrigerants from the
venting prohibition. The rule also clarified that EPA regulations
affecting the handling and sales of ozone-depleting refrigerants are
applicable to blends that contain an ODS.
The January 11, 2005, rule clarified that the leak repair
requirements apply to any refrigerant blend that contains an ODS (70 FR
1927). The rule amended the required practices and associated
reporting/recordkeeping requirements. It also clarified certain leak
repair requirements.
In December 2010 (75 FR 78558, December 15, 2010, ``proposed 2010
Leak Repair Rule''), EPA proposed changes to the leak repair
requirements. EPA's intent in that proposal was to create a streamlined
set of leak repair requirements that are applicable to all types of
appliances containing 50 or more pounds of ozone-depleting refrigerant.
The rule also proposed to reduce the applicable leak repair rates. EPA
did not finalize that rule. Today's rulemaking re-proposes many of the
concepts contained in the proposed 2010 Leak Repair Rule. Through
today's action, EPA is withdrawing the proposed 2010 Leak Repair Rule.
Finally, on May 23, 2014 (79 FR 29682), and April 10, 2015 (80 FR
19453), EPA expanded the list of refrigerants that are exempt from the
CAA venting prohibition in specific end uses. The 2014 final rule
exempted the following from the venting prohibition:

--Isobutane (R-600a) and R-441A in household refrigerators, freezers,
and combination refrigerators and freezers;
--Propane (R-290) in retail food refrigerators and freezers (stand-
alone units only). The 2015 final rule added the following to the list
of refrigerants exempt from the venting prohibition:
--Isobutane (R-600a) and R-441A in retail food refrigerators and
freezers (stand-alone units only);
--Propane (R-290) in household refrigerators, freezers, and combination
refrigerators and freezers;
--Ethane (R-170) in very low temperature refrigeration equipment and
equipment for non-mechanical heat transfer;
--R-441A, propane, and isobutane in vending machines; and
--Propane and R-441A in self-contained room air conditioners for
residential and light commercial air-conditioning and heat pumps.

C. What developments have occurred since EPA first established the
National Recycling and Emission Reduction Program?

1. Phaseout of CFCs and HCFCs
In 1993 when EPA established the refrigerant management
requirements of subpart F, CFCs and HCFCs were the most commonly used
refrigerants, depending on the specific application. Just six months
prior, in November 1992, the Parties to the Montreal Protocol
accelerated the phaseout schedule for CFCs through the Copenhagen
Amendment so that there would be a complete phaseout by 1996. The
Copenhagen Amendment also created for the first time a phaseout
schedule for HCFCs. The schedule for HCFCs was later amended and today
calls for a 35 percent reduction in production and consumption from
each Article 2 Party's (developed country's)

[[Page 69462]]

cap by 2004, followed by a 75 percent reduction by 2010, a 90 percent
reduction by 2015, a 99.5 percent reduction by 2020, and a total
phaseout in 2030. From 2020 to 2030, production and consumption at only
0.5 percent of baseline is allowed solely for servicing existing air-
conditioning and refrigeration equipment.
The United States chose to implement the Montreal Protocol phaseout
schedule on a chemical-by-chemical basis. In 1993, as authorized by
section 606 of the CAA, EPA established a phaseout schedule that
eliminated HCFC-141b first and would greatly restrict HCFC-142b and
HCFC-22 next, due to their high ozone depletion potentials (ODPs),
followed by restrictions on all other HCFCs and ultimately a complete
phaseout (58 FR 15014, March 18, 1993, and 58 FR 65018, December 10,
1993). EPA continues to issue allowances for the production and
consumption of HCFCs that have not yet been phased out. The allowance
levels reflect not only phaseout schedules but also use restrictions
under section 605(a) of the CAA. The phaseout schedule and allowance
levels can be found at 40 CFR part 82, subpart A.
Much as EPA established the refrigerant management program shortly
before the CFC phaseout, today's proposal to update those regulations
closely precedes the phaseout of HCFCs. The reasons for encouraging a
viable CFC recycling program support the same approach for HCFCs. The
1993 Rule discussed a 1990 advanced notice of proposed rulemaking
regarding a national CFC recycling program. As the 1993 Rule discussed,
that 1990 notice emphasized that recycling is important because it
would allow the continued use of equipment requiring CFCs for service
past the year in which CFC production is phased out, thereby
eliminating or deferring the cost of early retirement or retrofit of
such equipment. Because of the continued use of these substances in
existing equipment, recycling can serve as a useful bridge to
alternative products while minimizing disruption of the current capital
stock of equipment. (92 FR 28661).
More than twenty years later, with the experience gained through
the phaseout of CFCs, reducing emissions of HCFCs and maximizing their
recovery and reclamation remains just as important for ensuring the
continued viability of the current stock of equipment. The transition
out of CFC and now HCFC refrigerants is one reason that it is important
to update the refrigerant management regulations in subpart F.
2. Use of Non-ODS Alternatives
The universe of available refrigerants has expanded dramatically
since EPA first established the refrigerant management regulations in
subpart F. Under the Significant New Alternatives Policy (SNAP) program
(CAA section 612), EPA identifies substitutes that pose lower overall
risks to human health and the environment and must prohibit the use of
substitutes for which there are other available or potentially
available alternatives posing lower overall risk to human health and
the environment for the same use. Thus, EPA's SNAP program does not
provide a static list of alternatives but instead evolves the list as
the EPA makes decisions informed by our overall understanding of the
environmental and human health impacts as well as our current knowledge
about available substitutes. Under SNAP, EPA has reviewed over 400
substitutes in the refrigeration and air-conditioning; fire
suppression; foam blowing; solvent cleaning; aerosols; adhesives,
coatings, and inks; sterilants; and tobacco expansion sectors. To date,
SNAP has issued 30 notices and 20 rulemakings listing alternatives as
acceptable, acceptable subject to use conditions, acceptable subject to
narrowed use limits, or unacceptable for those various end-uses.
On April 10, 2015, the SNAP Program listed as acceptable, subject
to use conditions, three hydrocarbons, one hydrocarbon blend, and HFC-
32 as substitute refrigerants in a number of refrigeration and air-
conditioning end-uses (80 FR 19454). The SNAP program has also recently
listed a number of additional refrigerant options, including blends of
hydrofluoroolefins (HFOs) and HFCs that have lower global warming
potentials (GWPs) (October 21, 2014, 79 FR 62863; July 20, 2015, 80 FR
42870), and continues to review information and issue rulemakings and
notices to provide additional refrigerant options, including
hydrocarbons and low-GWP HFOs.
Due to the change in the suite of acceptable refrigerants available
for some end-uses, EPA anticipates that the relative amounts of
different refrigerants in stocks in the United States will change, and
thus that the universe of refrigerants subject to the refrigerant
management program will continue to evolve. The diversity of
refrigerants and the potential for cross contamination are two reasons
why it is important to clarify how all refrigerants should be handled
under the refrigerant management regulations in subpart F.
3. Increased Attention to HFCs as Climate Pollutants
By greatly reducing emissions of CFCs and HCFCs, domestic and
international efforts to protect the ozone layer have also helped to
protect global climate as these ODS are also potent GHGs. However,
HFCs, which are the predominant class of compounds being used as
replacements for ODS, also can have high GWPs. As their use has
increased, concern has grown over the environmental damage caused by
heat trapped in the atmosphere by HFCs.
On December 7, 2009, (74 FR 66496) the Administrator issued an
Endangerment Finding regarding GHGs under section 202(a) of the CAA. As
part of this finding, EPA concluded that the current and projected
concentrations of six key well-mixed GHGs in the atmosphere--carbon
dioxide (CO2), methane (CH4), nitrous oxide
(N2O), HFCs, PFCs, and sulfur hexafluoride
(SF6)--endanger both the health and welfare of current and
future generations. While this finding was made specifically for the
purposes of section 202(a) of the CAA, EPA is cognizant of the global
climate risks generally discussed in the finding in its work to reduce
emissions of HFCs and other GHGs.
i. Climate Action Plan
In June 2013, the President announced the Climate Action Plan.\4\
Among the many actions called for, the Climate Action Plan outlined a
set of measures to address HFCs. The Climate Action Plan states: ``to
reduce emissions of HFCs, the United States can and will lead both
through international diplomacy as well as domestic actions.'' Part of
the international diplomacy is the Amendment to the Montreal Protocol
discussed below. The Climate Action Plan also directed EPA to use its
authority through the SNAP program ``to encourage private sector
investment in low-emissions technology by identifying and approving
climate-friendly chemicals while prohibiting certain uses of the most
harmful chemical alternatives.'' In July 2015, EPA finalized a rule
that changed the listing status for certain substitutes previously
listed as acceptable under the SNAP program (80 FR 42870). That rule
changed the status for certain HFCs and HCFCs for various end-uses in
the aerosols, refrigeration and air-conditioning, and foam blowing
sectors. EPA made these changes based on information showing that other

[[Page 69463]]

substitutes are available for the same uses that pose lower risk
overall to human health and the environment. A copy of the Climate
Action Plan is available in the docket to this rule.
---------------------------------------------------------------------------

\4\ The President's Climate Action Plan, 2013, https://www.whitehouse.gov/sites/default/files/image/president27sclimateactionplan.pdf.
---------------------------------------------------------------------------

Minimizing the emissions and maximizing the recovery and reuse of
HFC refrigerants is consistent with the Climate Action Plan. EPA
estimates that the proposed revisions will prevent annual emissions of
refrigerant equivalent to 7.5 MMTCO2eq. Of this amount 3.7
MMTCO2eq are due to HFCs and 3.8 MMTCO2eq are due
to ODS. The significant environmental benefit to be gained by more
clearly addressing HFC refrigerants is another reason why it is
important to update the refrigerant management regulations in subpart
F.
ii. Trends in HFC Use and Future Projections
Although HFCs represent a small fraction of current GHG emissions
by weight, their warming impact per kilogram is very strong. For
example, the most commonly used HFC, HFC-134a, has a GWP of 1,430,
which means it traps that many times as much heat per kilogram as
carbon dioxide does over 100 years. HFC emissions are projected to
increase substantially and at an increasing rate over the next several
decades if their production is left uncontrolled. In the United States,
emissions of HFCs are increasing more quickly than those of any other
GHG, and globally they are increasing 10-15% annually. At that rate,
emissions are projected to double by 2020 and triple by 2030.
HFCs are also rapidly accumulating in the atmosphere. The
atmospheric concentration of HFC-134a has increased by about 10% per
year from 2006 to 2012, and the concentrations of HFC-143a and HFC-125,
which are components of commonly-used refrigerant blends, have risen
over 13% and 16% per year from 2007-2011, respectively. Annual global
emissions of HFCs are projected to rise to about 6,400 to 9,900
MMTCO2eq in 2050, which is comparable to the drop in annual
GHG emissions of ODS of 8,000 MMTCO2eq between 1988 and 2010
(UNEP, 2011). As these emissions accumulate in the atmosphere, the HFCs
change the balance between energy entering the Earth's climate from the
sun and energy escaping the Earth into space; the change in the net
rate at which energy enters the atmosphere is called radiative forcing.
By 2050, the buildup of HFCs in the atmosphere is projected to increase
radiative forcing by up to 0.4 W m^-2. This may be as much as
one-fifth to one-quarter of the expected increase in radiative forcing
due to the buildup of CO2 since 2000, according to the
Intergovernmental Panel on Climate Change's (IPCC's) Special Report on
Emissions Scenarios. To appreciate the significance of the projected
HFC emissions within the context of all GHGs, HFCs would be equivalent
to 5 to 12 percent of the CO2 emissions in 2050 based on the
IPCC's highest CO2 emissions scenario and equivalent to 27
to 69 percent of CO2 emissions based on the IPCC's lowest
CO2 emissions pathway.
iii. Montreal Protocol Amendments
For the past six years, the United States, Canada, and Mexico have
proposed an amendment to the Montreal Protocol to phase down the
production and consumption of HFCs. The United States seeks adoption of
an amendment that is acceptable to all parties. Global benefits of the
amendment proposal would yield significant reductions of over 90
gigatons of carbon dioxide equivalent (CO2eq) through 2050.
In 2015, a number of Parties to the Montreal Protocol have also
proposed amendments to phase down global production and consumption of
HFCs. These proposals were introduced by the Federated States of
Micronesia on behalf of a group on Island States; the European Union;
and India.
4. Petition From the Alliance for Responsible Atmospheric Policy
On January 31, 2014, the Alliance for Responsible Atmospheric
Policy (the Alliance) petitioned the Agency to initiate a rulemaking to
extend the section 608 refrigerant management regulations to HFCs and
other substitute refrigerants. The petition advocates for consistent
refrigerant management regulations that apply the same rules for ozone-
depleting and non-ozone-depleting refrigerants. It argues that
extending the section 608 requirements to HFCs ``would increase the
environmental benefits already realized from the section 608
regulations, through reduced HFC emissions, and would complement the
United States' goal of a global phase down in HFC production and
consumption.'' The Alliance cites sections 608(c)(2) and 301(a) of the
CAA as authority for these changes. A copy of the petition is included
in the docket for this rulemaking.
While EPA is not proposing this action solely as a result of the
Alliance petition, the proposed extension of the National Recycling and
Emission Reduction Program to HFCs and other non-exempt substitutes, if
finalized, would constitute the Agency's response to the petition.

D. What are the goals of this proposed rule?

The Agency has three goals for this rulemaking. The first is to
protect the stratospheric ozone layer by reducing emissions of ODS. The
second is to protect the climate system by reducing emissions of other
refrigerant gases with high GWPs. This includes ODS refrigerants and
many substitutes, including HFCs, that EPA has not already exempted
from the CAA statutory venting prohibition. Since many substitutes have
a high GWP, some as high as 10,000, reducing emissions of ODS
substitutes will reduce emissions of highly potent GHGs. While the
current regulations in subpart F contain some provisions implementing
the venting prohibition for substitutes for ODS, such as a general
prohibition on the knowing release of such substances, with certain
enumerated exceptions, they do not have any other specific use and
handling requirements for ODS substitutes. As explained in more detail
below, EPA is proposing to revise subpart F to include such provisions
to help more fully and effectively implement the venting prohibition in
section 608(c) of the CAA. Finally, EPA is proposing changes to the
regulations in subpart F to improve their effectiveness, including
increasing compliance and enforceability both for ODS and ODS
substitutes.
1. Protecting the Stratospheric Ozone Layer
The proposed changes would reduce the use and emission of ODS,
maximize the recapture and recycling of such substances, and further
implement the prohibition on knowingly venting or releasing ODS
refrigerants during the maintenance, service, repair, or disposal of
appliances. EPA estimates that this proposal will result in annual
reductions in emissions of approximately 116 ODP-weighted metric tons.
A separate support document Analysis of the Economic Impact and
Benefits of Proposed Revisions to the National Recycling and Emission
Reduction Program contains a full discussion of the benefits and is
available in the docket.
Stratospheric ozone depletion decreases the atmosphere's ability to
protect life on the Earth's surface from the sun's UV radiation. The
links between stratospheric ozone depletion and public health are well
established. The Scientific Assessment of Ozone Depletion, prepared by
the Scientific

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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 to the Montreal Protocol
provide comprehensive information regarding the links between emissions
of ODS, ozone layer depletion, UV radiation, and human health effects.
Both documents are available in the docket for this rule. Adverse
health effects associated with exposure to UV radiation include skin
cancer, cataracts, and immune suppression.
The most common forms of skin cancer are strongly associated with
UV radiation, and UV exposure is the most preventable cause of skin
cancer (U.S. Department of Health and Human Services. The Surgeon
General's Call to Action to Prevent Skin Cancer. Washington, DC: U.S.
Department of Health and Human Services, Office of the Surgeon General;
2014). Skin cancer is the most common form of cancer in the United
States, with more than 3.5 million new cases diagnosed annually
(American Cancer Society, Cancer Facts and Figures, 2015). The number
of new cases of melanoma, the most serious form of skin cancer, has
been increasing. Rates for new cases of melanoma have been rising on
average 1.4% each year over the last 10 years (National Cancer
Institute, SEER Stat Fact Sheets: Melanoma of the Skin, available at
https://seer.cancer.gov/statfacts/html/melan.html, accessed May 5,
2015). In 2015, it is estimated that 70,000 Americans will be diagnosed
with melanoma and almost 10,000 will die from the disease (American
Cancer Society, Cancers Facts and Figures, 2015).
Non-melanoma 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 non-
melanoma skin cancers. Basal cell carcinomas are the most common type
of skin cancer tumors. 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 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
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.
Research has shown that UV radiation increases the likelihood of
certain cataracts. (Taylor, H.R., et al., 1988. Effect of ultraviolet
radiation on cataract formation, New England Journal of Medicine, 319,
1429-33; West, S. et al., 2005. Model of Risk of Cortical Cataract in
the US Population with Exposure to Increased Ultraviolet Radiation due
to Stratospheric Ozone Depletion, American Journal of Epidemiology,
162, 1080-1088.) 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. Although curable with modern eye
surgery, cataracts diminish the eyesight of millions of Americans.
Other kinds of eye damage caused by UV radiation 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).
Policies protecting the stratospheric ozone layer have been
effective in preventing these diseases and protecting the health of the
American people. EPA uses its Atmospheric and Health Effects Framework
(AHEF) model to estimate the benefits of ODS emissions reductions by
modeling the number of cases of skin cancer and the number of deaths in
Americans born between 1890 and 2100 given different ODS emissions
scenarios. By comparing the health effects in a scenario without the
Montreal Protocol to one with the treaty's controls, EPA estimates that
the Montreal Protocol will prevent over 283 million cases of skin
cancer in the United States. Americans will also suffer more than 45
million fewer cataracts and one million fewer deaths from skin cancer
due to the treaty's protections, compared with a world with no policy
controls. This analysis, found in the EPA document Updating Ozone
Calculations and Emissions Profiles for Use in the Atmospheric and
Health Effects Framework Model is in the docket.
2. Reducing Emissions of Greenhouse Gases
The second goal of this proposed rule is to reduce the emission of
GHGs that contribute to climate change. Many refrigerants, including
ODS and substitutes for ODS, are potent GHGs, having GWPs thousands of
times higher than that of carbon dioxide (CO2), which has a
GWP of one. For example, R-404A, a commonly used HFC refrigerant blend,
has a GWP of 3,922. Other common HFC refrigerants, with their GWPs,
include R-134a (1,430), R-410A (2,088), R-407A (2,107), and R-507A
(3,985). Explicit and more stringent standards for the use, recovery,
and recycling of these substitute refrigerants during maintenance,
servicing, repair, or disposal of appliances will lead to fewer
emissions of these high-GWP chemicals. EPA estimates that the proposed
changes will reduce GWP-weighted emissions by approximately 7.5
MMTCO2eq per year
GHGs cause climate change by trapping heat on Earth. The Earth is
constantly receiving energy from the sun in the form of radiation,
including visible light, infrared, ultraviolet, and other forms of
energy. At the same time, energy is radiating away into space, mostly
as infrared radiation. Over long periods of time, the amount of energy
arriving on Earth and the amount leaving into space have been about the
same, and so the environment has generally not gotten much warmer or
much colder very quickly. However, the increase of GHGs in the
atmosphere has changed this balance, because these gases do not block
most of the forms of radiation coming to Earth from the sun, but they
do absorb or scatter the radiation trying to leave Earth into space,
trapping some of it on Earth. Thus, more energy comes into the Earth's
climate system than leaves it, and the atmosphere, oceans, and land
become warmer, just like the inside of a greenhouse. While parts of the
Earth get warmer and colder from day to day with weather, from month to
month with the seasons, from year to year due to large scale phenomena
like El Ni[ntilde]o, or even decade to decade as sunspots come and go,
the trapping of heat by GHGs raises the average temperature over the
whole globe over and above these natural fluctuations, over a
relatively short timeframe. The increase in the total heat energy in
the climate system does not simply make the environment warmer; because
water and air with more heat energy in them move more, atmospheric and
sea currents change, and winds increase. Because warm water expands and
glaciers melt, sea level rises, and because evaporation increases with
more energy, rainfall and flooding can increase in some areas even as
other areas face increased risk of drought and wildfire due to changes
in wind patterns. For more information on GHGs and climate change in
the

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United States, visit www.epa.gov/climatechange.
3. Improving Rule Effectiveness
EPA's third goal of this proposed rule is to improve the clarity
and effectiveness of the regulations in subpart F. Achieving the health
and environmental benefits of these rules depends on widespread
compliance.
EPA has begun an initiative to improve the effectiveness of its
rules called ``Next Generation Compliance.'' This is an integrated
strategy designed to bring together the best thinking from inside and
outside EPA on how to structure regulations and permits, combined with
new monitoring and information technology, expanded transparency, and
innovative enforcement. The vision for this initiative is to better
motivate the regulated community to comply with environmental laws and
inform the public about their performance. Most importantly, this
initiative will help ensure that all Americans are protected from
significant risks to human health and the environment and have access
to information that allows them to more fully engage in environmental
protection efforts.
The Agency has identified several interconnected components in the
Office of Enforcement and Compliance's 2014-2017 strategic plan for
Next Generation Compliance that can improve the effectiveness of rules:
Effective Regulations: Design regulations that are clear,
as easy to implement as possible, and that contain self-reinforcing
drivers. For example, where possible, design regulations such that
regulated facilities can take steps to monitor their own performance to
prevent violations, or be certified by an independent 3rd party.
Advanced Monitoring: Use advanced monitoring technology
for the government, industry, and the public to more easily find
information on pollutant discharges/emissions, environmental
conditions, and noncompliance.
Electronic Reporting: Implement electronic systems to make
reporting easier, more efficient, and less costly. For the user, these
systems offer speed, convenience, expanded information choices, and
filing capabilities. For government, they offer the ability to increase
transparency, improve our ability to spot pollution and compliance
issues, and respond quickly to emerging problems.
Transparency: Make the information we have today more
accessible, and make new information obtained from advanced monitoring
and electronic reporting publicly available.
Innovative Enforcement: Use Next Generation Compliance
principles and tools in enforcement planning and cases.
The National Recycling and Emission Reduction Program under section
608 of the CAA has incorporated compliance principles similar to those
under this initiative since its inception. There are numerous self-
reinforcing requirements, including the refrigerant sales restriction.
By requiring anyone purchasing an ODS refrigerant to be certified, EPA
effectively enforces the requirement that anyone maintaining,
servicing, repairing, and disposing of an appliance be certified
(excluding those disposing of small appliances, MVACs and MVAC-like
appliances).
Another Next Generation Compliance principle that has been in the
608 refrigerant management program since the beginning is third party
certification. These rules require certification of refrigerant
recovery equipment by independent third parties (i.e., UL and AHRI).
Third party certifiers verify that recovery equipment meets the
required minimum standards. Additionally, this ensures that technicians
who use these devices to recover refrigerant are also using equipment
that will meet the minimum refrigerant evacuation requirements if used
following the manufacturer's instructions.
The Agency and industry have more than 20 years of experience
implementing and operating under these regulations. Through that
experience, it has become clear that there are sections of the
regulations that could be improved or be clarified. This proposal
attempts to clarify and simplify where possible.
One way that EPA seeks to provide simplicity and clarity to the
regulated community, the public, and state, local, and Tribal
governments is to treat ODS and substitute refrigerants similarly where
it is appropriate to do so. EPA is therefore proposing to extend the
existing requirements, as amended, to HFCs and other substitutes, as
appropriate. In addition, EPA is proposing to revise many provisions of
the regulations for clarity and to restructure the regulations to make
it easier to find requirements for different affected entities. EPA is
grouping the recordkeeping and reporting requirements closer to where
the requirements are listed and removing outdated or unnecessary
requirements. These proposed changes will extend to ODS substitutes
those requirements that align with Next Generation Compliance
principles and make it easier for the regulated community to understand
what refrigerants are covered and what the requirements are, making it
easier to comply with the regulation.
For each of the changes proposed in this notice, EPA solicits
comments on the following:
Implementation of the proposal: What challenges are
anticipated in implementing or complying with the proposed rule? What
steps might we consider to minimize those challenges?
The clarity of the proposal: Is there anything that is
unclear about what the proposed rule is asking the regulated community
to do? When responding to this questions, commenters should describe
what is confusing about the proposal, not what they do not like.
The design of the rule: Is the proposed rule designed in a
way to maximize the environmental benefits for the implementation
effort required? Are there alternate approaches to features of this
rule that would achieve the same environmental benefits or maximize the
environmental benefits but would be easier to implement? If so, please
explain or describe those approaches.
The clarity of the regulatory text: Are any of the terms,
definitions, or specific requirements in the regulatory language
unclear or confusing? Which ones and what is confusing about them?
The need for a comprehensive compliance guide or other
compliance tools: What tools (brochures, videos, etc.) could EPA
reasonably develop to aid the regulated community in complying with the
rule?
Incentives for going above and beyond compliance: What
changes could EPA make to the proposed rule that would encourage
environmental performance beyond the minimum requirements of the rule?
Monitoring, measurement, and reporting: Are the monitoring
requirements designed and sufficiently explained to ensure that
regulated parties are fully aware of their performance, and to trigger
action in the case of actual or potential noncompliance? Can monitoring
data or other information about performance be made easily available to
regulators and/or to the public in ways that would be useful and
meaningful?

E. Stakeholder Engagement

EPA conducted extensive outreach to stakeholders affected by the
refrigerant management regulations under section 608 of the CAA. In
November 2014, EPA hosted an open meeting in Washington, DC, to discuss
the Agency's goals and solicit feedback from stakeholders. More than 50
participants attended the meeting. To facilitate stakeholder

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preparation for the meeting, EPA widely distributed a concept note that
provided an update on progress to implement the President's Climate
Action Plan and laid out questions the Agency was considering as it was
developing this proposed rule. The slides from the presentation, the
concept note, and a summary of the comments are included in the docket.
After the November stakeholder meeting, EPA held approximately 50
meetings with individual businesses, trade associations, and
environmental organizations. The Agency also attended several
conferences and association meetings to provide information, solicit
input, and answer questions. A full list of meetings and conferences is
included in the docket.
Finally, EPA reviewed past feedback on the proposed 2010 Leak
Repair Rule to amend the leak repair regulations. A summary of comments
received on the proposed 2010 Leak Repair Rule is included in the
docket. EPA also reviewed comments on the 1998 proposal to extend the
full suite of refrigerant management requirements under subpart F to
HFCs and PFCs and is including a copy of those comments it reviewed
from that proposal in the docket. EPA notes that the Agency is not
treating comments on either of these prior proposals as comments on
this rule. Therefore, to be formally considered as comments on this
proposal, stakeholders must provide comments specifically to today's
action even if the concepts proposed are the same or similar to those
contained in comments on actions that the Agency has proposed
previously.

F. What are the major changes EPA is proposing?

EPA is proposing numerous changes to the National Recycling and
Emission Reduction Program. Some of these changes are intended to
strengthen the existing program, in particular by requiring a number of
industry best practices. Others are intended to extend, as appropriate,
the regulations to HFCs and other substitutes for ODS. Still other
changes are meant to improve the effectiveness of the regulations. This
section briefly introduces the reader to the major proposed changes.
The reader can find detailed discussions of all of the proposals in
Section IV of this notice.
1. Extend the Regulations To Cover Substitute Refrigerants
Section 608(c)(1) of the CAA, effective July 1, 1992, makes it
``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.'' This provision
excludes ``de minimis releases associated with good faith attempts to
recapture and recycle or safely dispose of such substances'' from the
prohibition. Section 608(c)(2) extends the provisions of paragraph
(c)(1) to substitutes for ODS refrigerants, effective November 15,
1995. Collectively, this self-effectuating prohibition, commonly
referred to as the ``venting prohibition,'' is a central component of
EPA's refrigerant management program.
EPA's current regulations at Sec. 82.154(a) incorporate the
venting prohibition, as well as the de minimis exemption. Then, the
last sentence in Sec. 82.154(a)(2) provides that ``refrigerant
releases shall be considered de minimis only if they occur when'' (1)
following the required practices in Sec. 82.156, (2) using certified
recovery and/or recycling equipment that meet the requirements of Sec.
82.158, and (3) technicians are certified under the requirements in
Sec. 82.161; or when following the requirements of subpart B. In
effect, consistent with the second sentence of section 608(c)(1), under
these regulations EPA has defined de minimis releases of refrigerants
during maintaining, servicing, repairing, or disposing of an appliance
as those that occur when the refrigerant management regulations at 40
CFR part 82, subpart F or subpart B are followed. The term refrigerant
is defined in Sec. 82.152 for purposes of this subpart to mean any
substance consisting in part or whole of a class I or class II ODS that
is used for heat transfer purposes and provides a cooling effect. The
term does not include substitute substances such as HFCs or ammonia,
among others. Under these regulations, if someone maintaining,
servicing, repairing, or disposing of an appliance or IPR releases a
class I or class II refrigerant in the course of following these
requirements, they would not be in violation of the venting
prohibition, but all other releases of ODS refrigerants during such
activities would violate the venting prohibition.
While the conditions for the application of the de minimis
exemption has been clearly elaborated on in the regulations for class I
and class II refrigerants, and while the regulations expressly state
what practices or measures can be employed to qualify for it, the
regulations are less clear for substitute refrigerants like HFCs.
Section 82.154(a)(2) states that ``[d]e minimis releases associated
with good faith attempts to recycle or recover . . . non-exempt
substitutes are not subject to this prohibition'' but does not provide
any guidance about what constitutes such a ``good faith attempt.'' In
contrast to ODS refrigerants, the regulations do not contain provisions
for non-exempt substitute refrigerants to establish that releases that
occur when following certain regulatory requirements are de minimis.
Accordingly, regulated entities are left without clear guidance on how
to abide by the venting prohibition as it relates to non-exempt
substitutes.
Through this rulemaking, EPA is proposing to extend requirements of
the National Recycling and Emission Reduction Program to non-exempt
substitutes and to clarify that the actions required to qualify for the
de minimis exemption for non-exempt substitute refrigerants are the
same as those for ODS refrigerants. As some release of substitute
refrigerants is inevitable during the maintenance, servicing, repair,
and disposal of appliances, these changes would give regulatory
certainty to the many stakeholders that are already properly recovering
substitute refrigerants during these activities, and would likely
require only minimal if any change in business practices for them.
These changes would also give stakeholders that are not following such
practices for substitute refrigerants additional incentive to do so
because it would describe how the venting prohibition applies to
substitute refrigerants.
2. Strengthen Leak Repair Requirements
This proposal would strengthen the requirement to repair leaking
appliances containing 50 or more pounds of refrigerant, currently at
Sec. 82.156(i), to reduce emissions of ODS. Additionally, EPA is
proposing to extend the amended requirements to HFCs and other
substitutes to reduce emissions. The Agency also is aiming to make the
requirements more proactive at preventing leaks by requiring industry
best practices (i.e., leak inspections).
EPA is proposing to lower applicable leak rates from their current
levels of 35 percent for commercial refrigeration appliances and IPR
and 15 percent for comfort cooling appliances to 20 percent and 10
percent, respectively. Based on stakeholder input and data collected by
the California Air Resources Board (CARB) and other sources, these
levels are reasonable and will result in leaks being repaired

[[Page 69467]]

sooner than under the current approach. This is especially true for
appliances containing substitute refrigerants, which are not currently
covered by the leak repair provisions.
Some systems are leaking considerable amounts of refrigerant
despite requirements to repair or retrofit leaking appliances. Based on
feedback from CARB and a review of its data, EPA is proposing to create
a two-year leak limit. Under this proposal, appliances containing 50 or
more pounds of ODS or substitute refrigerant would not be allowed to
leak more than 75 percent of the appliance's full charge in each of two
consecutive 12-month periods. The CARB data indicate that few
appliances leak above this level in any given year, and that these
appliances are responsible for a large proportion of emissions. This
requirement would likely affect few appliances, but would encourage
owners or operators of appliances to more comprehensively repair or
retire them when leaking such a substantial amount of refrigerant for
two consecutive years.
EPA is also proposing to require periodic leak inspections to help
identify leaks earlier. Regular leak inspections are widely recognized
as a best practice to minimize refrigerant emissions. Under this
proposal, all appliances with a full charge of 50 or more pounds of ODS
or substitute refrigerant would have to conduct annual leak inspections
to determine if the appliance is leaking. Commercial refrigeration
appliances and IPR with a full charge of 500 or more pounds of ODS or
substitute refrigerant would be required to conduct a leak inspection
every three months. Alternatively, owners or operators can forgo
periodic leak inspections by installing automatic leak detection
systems and having it inspected and calibrated annually.
3. Extend the Sales Restriction to Substitute Refrigerants, With an
Exception for Small Cans of MVAC Refrigerant
The existing regulations restrict the sale of ODS refrigerant to
certified technicians. EPA is proposing to extend the sales restriction
to substitute refrigerant sold in the United States. Due to the large
do-it-yourself (DIY) community that have long serviced their personal
MVACs, EPA has considered less costly ways to avoid restricting the
sale of MVAC refrigerants to certified technicians while still reducing
releases of non-exempt refrigerants. Therefore, EPA is proposing to
exempt the sale of small cans (two pounds or less) of substitute
refrigerant for the servicing of MVACs if the cans have a self-sealing
valve. Self-sealing valves have been successful in reducing emissions
during servicing in California where they are currently required.
4. Establish Recordkeeping for Appliances Containing Five to 50 Pounds
of ODS and Substitute Refrigerant
The existing regulations have recordkeeping requirements for the
disposal of appliances that contain 5 pounds or less of ODS refrigerant
and those that contain 50 or more pounds of ODS refrigerant. As
discussed above, EPA is proposing to extend those current recordkeeping
requirements to appliances containing substitutes. In addition, EPA is
proposing to require that technicians, or the company employing
technicians, keep records of the amount of ODS and substitute
refrigerant recovered when disposing of appliances that fall in the gap
between those two size categories. EPA is also proposing to require
recordkeeping documenting the quantity of ODS and substitute
refrigerant transferred for reclamation or destruction that was
recovered from those mid-sized appliances. Based on feedback from
stakeholders when developing this rule, these records are often already
maintained by contractors that are properly recovering refrigerant.
Some stakeholders that adhere to the proper evacuation requirements
have encouraged EPA to enforce against HVACR contractors that simply
vent the refrigerant. These proposed records would improve compliance
with the venting prohibition and facilitate enforcement against
technicians who disregard the recovery requirements.
5. Update the Technician Certification Program
Under the existing regulations, technicians must be certified in
order to work on appliances in a manner that could release ODS
refrigerants to the environment. EPA is proposing to extend those
requirements to appliances containing non-exempt substitutes. Because
the questions on the certification exam are over twenty years old and
because EPA is proposing to revise the existing program though this
rule, EPA is planning to update and develop new questions for use to
certify technicians.
EPA is also proposing to require that certifying organizations
publish lists or create online databases of technicians that they
certify. In addition to providing transparency to technicians'
customers and refrigerant distributors and wholesalers, this
requirement would also make it easier for technicians to replace lost
credentials. The amount of time spent by technicians trying to identify
the organization that certified them is significant. EPA and certifying
programs also spend a significant amount of time helping technicians
who have lost their certification card. Published lists or online
databases of certified technicians would help make this process more
efficient.
6. Improving Readability and Compliance and Restructuring the
Requirements
EPA is proposing to make extensive revisions to the regulations in
subpart F to more clearly state the requirements of the National
Recycling and Emission Reduction Program and to remove potentially
ambiguous language. These proposed edits will improve compliance among
the regulated community and facilitate enforcement by EPA.
First, EPA is proposing edits that would apply the principles of
plain writing, based on guidance from the Office of the Federal
Register. For example, EPA is proposing to add subheadings and plain
English terms where appropriate. EPA's intent with many of these edits
is to improve readability, not change the content. For edits that are
substantive, EPA discusses these proposed changes in this preamble.
Second, EPA is proposing to divide Sec. 82.156 ``Required
Practices'' into three sections based on the topic. This proposal would
create a new Sec. 82.155 for provisions related to the safe disposal
of small appliances, MVACs, and MVAC-like appliances. Section 82.156
would be amended to contain provisions related to the proper evacuation
of refrigerant from appliances. This proposal would also create a new
Sec. 82.157 for provisions related to leak repair. EPA is also
proposing to remove most of Sec. 82.166, which currently contains the
recordkeeping and reporting requirements for subpart F, and move
specific recordkeeping and reporting provisions to the sections
relevant to each record.
Third, EPA is proposing to remove unnecessary content such as
provisions that have expired, definitions that simply restate the
regulatory provisions, and definitions to terms that are no longer
used. The rule would also combine and streamline repetitive text. Along
those lines, this proposal would merge tables 2 and 3 in Sec. 82.158
into a single table.
EPA is providing a red-line version of the regulatory text in the
docket that

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shows the edits to the current regulations to allow the reader to
identify the specific proposed changes. EPA solicits comments generally
on how to simplify and clarify the requirements in subpart F. Aside
from the specific substantive changes discussed in this notice, EPA's
intent is not to alter or reopen the substantive content of these
regulations. Therefore, EPA also requests comments on the specific
proposed edits to the regulatory text to make sure that they do not
unintentionally change the underlying meanings or requirements of the
rule.

III. The Clean Air Act and EPA's Authority for the Proposed Revisions

This section contains a summary of the relevant CAA provisions and
a general description of how EPA interprets them to authorize the
proposed revisions in this notice. More specific discussions of EPA's
authority for certain revisions are included in further detail in the
sections describing the corresponding revisions.
Section 608 of the CAA requires EPA to establish a comprehensive
program to limit emissions of ozone-depleting refrigerants. Section 608
also prohibits the knowing release or disposal of ozone-depleting
refrigerants and their substitutes during the maintenance, service,
repair, or disposal of air-conditioning and refrigeration appliances or
IPR. Section 608 is divided into three subsections.
Section 608(a) requires EPA to promulgate regulations establishing
standards and requirements for the use and disposal of class I and
class II substances during the maintenance, service, repair, or
disposal of air-conditioning and refrigeration appliances or IPR
containing ODS. Such regulations shall include requirements to reduce
the use and emission of ODS to the lowest achievable level, and to
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 minimize use of 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(b) requires that the regulations issued pursuant to
subsection (a) contain requirements for the safe disposal of class I
and class II substances, including requirements that such substances
shall be removed from such appliances, machines, or other goods prior
to the disposal of such items or their delivery for recycling.
Section 608(c) establishes a self-effectuating prohibition,
commonly called the ``venting prohibition,'' that generally speaking,
makes it unlawful to knowingly release ODS and substitute refrigerants
into the environment while servicing or disposing of air-conditioning
or refrigeration equipment. More specifically, section 608(c)(1),
effective July 1, 1992, makes it unlawful for any person in the course
of maintaining, servicing, repairing, or disposing of an appliance or
IPR to knowingly vent, release, or dispose of any ODS used as a
refrigerant in such equipment in a manner that permits that 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 such a substance. Section
608(c)(2) extends the provisions of (c)(1), including the prohibition
on venting to substitutes for class I and class II refrigerants,
effective November 15, 1995, unless the Administrator determines that
such venting, release, or disposal ``does not pose a threat to the
environment.'' EPA has determined through prior rulemakings that
specific substances do not pose a threat to the environment when
vented, released, or disposed of and has exempted those specific
substitutes from the venting prohibition. The full list of substitutes
that EPA has exempted from this prohibition is at Sec. 82.154(a).\5\
---------------------------------------------------------------------------

\5\ EPA is using the term ``non-exempt substitute'' in this
notice to refer to substitute refrigerants that have not been
exempted from the venting prohibition under CAA section 608(c)(2)
and 40 CFR 82.154(a).
---------------------------------------------------------------------------

On May 14, 1993, EPA published regulations implementing subsections
(a), (b), and (c)(1) for ODS (58 FR 28660). These regulations include
evacuation requirements for appliances being serviced or disposed of,
standards and testing requirements for recovery and/or recycling
equipment, certification requirements for technicians, purity standards
and testing requirements for used refrigerant sold to a new owner,
certification requirements for refrigerant reclaimers, leak repair
requirements, and requirements for the safe disposal of appliances that
enter the waste stream with the charge intact. This rule also stated
that the Agency interprets ``de minimis'' to mean releases that occur
while the recycling and recovery requirements of regulations under
sections 608 and 609 are followed.
Section 608 of the CAA provides the primary statutory basis for the
standards and requirements proposed in these regulations. The statutory
standards under section 608(a) against which the regulations concerning
the use and disposal of ozone-depleting substances are to be measured
is whether they ``reduce the use and emission of such substances to the
lowest achievable level'' and ``maximize the recapture and recycling of
such substances.'' In the context of recycling, these standards are
complementary, i.e., maximizing recycling will also mean reducing the
use and emission of these substances to the lowest achievable level.
These standards also bear a relationship to the de minimis releases
permitted in section 608(c). In other words, emissions that occur while
complying with EPA's recovery and recycling requirements, which result
in the lowest achievable level of emissions, are considered de minimis.
The phrase ``lowest achievable level'' as used in section 608(a)(3)
is not clear on its face as to whether economic factors should be
considered in determining what is the ``lowest achievable level.''
Title VI does not further explain or define the term nor does it
expressly state whether economic factors may or must be considered.
Thus, EPA has discretion to adopt a reasonable interpretation. EPA has
previously interpreted this phrase to allow the consideration of
economic factors. See 58 FR 28659, 28667 (May 14, 1993). EPA is not
proposing to change that interpretation and has considered economic as
well as technological factors in the development of this proposed rule.
This is consistent with the statement made on the floor of the House of
Representatives by Representative Ralph Hall shortly before passage of
the Clean Air Act Amendments of 1990 that ``[i]n promulgating
regulations [under section 608] the Administrator shall take into
account the extent to which emissions reductions can be achieved, the
costs and benefits of implementing available controls, and the time
before which certain uses may no longer rely on the covered
substances'' (Cong Rec H 12907 (Oct 26, 1990)).
The phrase ``de minimis releases associated with good faith
attempts to recapture and recycle or safely dispose of any such
substance'' as used in section 608(c)(1) and as applied to substitutes
through section 608(c)(2) is similarly not clear on its face as to
whether economic factors may be considered in determining what is de
minimis. Title VI does not further address this issue. Thus, EPA has
discretion to adopt a reasonable interpretation. EPA interprets this
phrase to allow the consideration of economic factors. The Senate
Manager's

[[Page 69469]]

Statement for the Clean Air Act Amendments of 1990 indicates that ``the
exception is included to account for the fact that in the course of
properly using recapture and recycling equipment, it may not be
possible to prevent some small amount of leakage'' (Cong. Rec. S 16948
(Oct. 27, 1990)). EPA does not read this statement as expressing an
intent that the Agency consider only technological factors in setting
standards for recapture and recycling equipment and the proper use of
such equipment. Rather, EPA understands it as meaning that once those
standards are set, only the small amount of emissions that cannot be
prevented by following such standards should be exempted.
Because the statutory language does not dictate a particular means
of taking economic factors into account, if at all, EPA has discretion
to adopt a reasonable means. In developing this proposed rule, EPA has
not applied a strict cost-benefit test, but rather has focused
primarily on the state of air conditioning and refrigeration best
practices and recovery technology, while also giving consideration to
costs and benefits. The fact that industry has identified and uses
these best practices indicates they are at least reasonable from a cost
perspective. As discussed in the appliance maintenance and leak repair
section (section VI.F of this preamble), EPA considered what is
achievable from a technical perspective, while also considering the
costs of the proposed requirements and the benefits from those changes
when determining whether to establish new requirements. See the
technical support document in the docket for sensitivity analyses
conducted on various options.
Generally, the proposed requirements reflect the performance of the
lowest-emitting equipment and practices in each sector under commonly
encountered conditions in the field, taking into account that the
variability of those conditions is significant in each air-conditioning
and refrigeration sector. For example, some appliances generally have
more leaks than others. An industrial process refrigeration appliance
can have thousands of pounds of refrigerant running through miles of
piping, resulting in numerous opportunities for leaks to occur, whereas
a household refrigerator typically has about one pound of refrigerant
in a hermetically sealed refrigerant loop that rarely leaks. EPA has
proposed requirements that reflect that difference.
EPA also considered costs in many specific aspects of this
proposal. For example, EPA considered the costs of extending the
refrigerant sales restriction to small cans of non-exempt substitutes
used for MVAC servicing. Based on those considerations, EPA decided to
propose requiring manufacturers install self-sealing valves on small
cans rather than limiting the sale of small cans to certified
technicians only. Finally, EPA relied heavily on the existing program
and requirements already in place for ODS refrigerants rather than
developing a new and separate set of requirements for non-exempt
substitutes. This will allow the regulated community to use existing
compliance procedures where applicable to reduce emissions of non-
exempt substitutes rather than having to develop wholly new approaches
to managing compliance.

Authority for Extending 608 to Substitutes

In this rule, EPA is proposing to extend, as appropriate,
provisions of the refrigerant recovery and/or recycling regulations,
which currently only apply to ODS refrigerants, to non-exempt
substitute refrigerants. EPA's authority for this action rests largely
on section 608(c), which EPA interprets, as described below in more
detail, to provide authority to promulgate regulations to interpret,
implement, and enforce the venting prohibition, as it applies to both
ODS refrigerants and non-exempt substitutes. EPA's authority to issue
implementing regulations for section 608(c) is supplemented by section
301(a), which provides authority for EPA to ``prescribe such
regulations as are necessary to carry out [the EPA Administrator's]
functions under this Act.'' In addition, EPA's authority to extend the
recordkeeping and reporting requirements to substitutes is supplemented
by section 114, which provides authority to the EPA Administrator to
require recordkeeping and reporting in carrying out provisions of the
CAA. Finally, as explained in more detail below, the extension of
requirements under 608 to non-exempt substitutes in this proposal is
also provided in section 608(a) because it would reduce emissions of
ODS refrigerants.
Section 608 of the CAA is ambiguous with regard to EPA's authority
to establish refrigerant management regulations for substitute
refrigerants. As Congress has not precisely spoken to this issue, EPA
has the discretion to adopt a permissible interpretation of the CAA.
Chevron, U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837,
843-44 (1984). Primarily under the authority of section 608(a), EPA has
established standards for the proper handling of ODS refrigerants
during the maintenance, service, repair, or disposal of an appliance to
maximize the recovery and/or recycling of such substances and reduce
the use and emission of such substances. Section 608(a) expressly
requires EPA to promulgate regulations that apply to class I and class
II substances, but is silent on whether its requirements apply to
substitute substances. On the other hand, section 608(c)(2) contains
provisions for substitute refrigerants which parallel those for ODS
refrigerants in section 608(c)(1). For instance, as for ODS
refrigerants under section 608(c)(1), section 608(c)(2) prohibits
knowingly venting, releasing, or disposing of any substitute
refrigerant during the maintenance, service, repair, or disposal of an
appliance in a manner which permits the substance to enter the
environment.\6\ This creates a tension or ambiguity because the
regulated community is subject to an explicit and self-effectuating
prohibition on venting or releasing non-exempt substitute refrigerants
while servicing or disposing of equipment but at the same time is not
explicitly required by section 608(a) to recover and recycle substitute
refrigerant prior to servicing or disposing of equipment or to engage
in any of the practices or behaviors that EPA has established to
minimize the emission and release of ODS refrigerants.
---------------------------------------------------------------------------

\6\ As noted above, this venting prohibition does not apply to
substitutes for which the Administrator has made a determination
that such venting, release, or disposal ``does not pose a threat to
the environment'' under CAA 608(c)(2). As indicated elsewhere in
this proposal, EPA is not proposing to extend the requirements of
the refrigerant management program to substitutes that have been
exempted from the venting prohibition in this action.
---------------------------------------------------------------------------

Moreover, the Agency is aware that some amount of refrigerant,
whether ODS or substitute, is inevitably released during the
maintenance, servicing, repair, and disposal of air-conditioning or
refrigeration appliances or equipment. Without a clear regulatory
framework for determining what requirements apply during the
maintenance, servicing, repair, and disposal of such equipment
containing a non-exempt substitute refrigerant, it could be unclear to
the regulated community and the public whether such releases violate
the venting prohibition and what steps must be taken to comply with CAA
obligations for such substitute refrigerants in undertaking such
actions. Accordingly, it is appropriate to issue regulations to clarify
how the venting prohibition and the de minimis exemption apply to non-

[[Page 69470]]

exempt substitute refrigerants, as is proposed in this rulemaking. In
doing so, EPA intends to clarify that the regulated community may rely
on the de minimis exemption to the venting prohibition if they follow
the amended requirements in subpart F.
Consistent with the language of sections 608(c)(1) and (2), these
revisions aim to avoid knowing releases of non-exempt substitute
refrigerants into the environment in the course of maintaining,
servicing, repairing, or disposing of an appliance or IPR, unless those
releases meet the criteria for de minimis releases. Section 608(c)(1)
provides an exemption from the venting prohibition for ``[d]e minimis
releases associated with good faith attempts to recapture and recycle
or safely dispose of any such [class I or class II] substance.'' In
this context, EPA interprets this provision to exempt releases that
occur while the recycling and recovery requirements of regulations
under sections 608 and 609 are followed and has promulgated regulations
that implement that interpretation. In particular, as explained above,
EPA has incorporated both the venting prohibition and the de minimis
exemption into the regulations at Sec. 82.154(a). Further, the last
sentence in Sec. 82.154(a)(2) provides that ``refrigerant releases
shall be considered de minimis only if they occur when'' enumerated
regulatory practices in either Sec. 82.156, Sec. 82.158, and Sec.
82.161, or, alternatively, subpart B are followed. These requirements
are the ones established in 1993, as explained above and as
periodically amended. The term refrigerant, however, is defined in
Sec. 82.152 for purposes of this subpart to mean 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. As such, this term does not include substitute
substances. In addition, EPA has not yet applied the recycling and
recovery requirements to non-ODS substitutes, and therefore these
provisions which make clear how to qualify for the de minimis exemption
for ODS refrigerants do not currently apply for substitute
refrigerants.
Section 608(c) can be interpreted such that the statutory de
minimis exemption contained in section 608(c)(1) also applies to
substitute refrigerants. Section 608(c)(2) states that, effective
November 15, 1995, ``paragraph 1 shall also apply'' to the venting,
release, or disposal of any substitute substance for class I or class
II substances. As section 608(c)(2) incorporates ``paragraph 1'' it is
reasonable to interpret it to also contain this de minimis exemption.
However, the CAA does not explicitly address what should be considered
``good faith attempts to recapture and recycle or safely dispose'' for
substitute refrigerants. Moreover, the statutory provisions that
require EPA to promulgate regulations addressing recapturing and
recycling requirements and safe disposal requirements in section 608(a)
and 608(b) expressly mention that they apply to ODS refrigerants but
are silent as to application to substitute refrigerants. This silence
and the corresponding tension between these provisions creates an
ambiguity in section 608 and a gap that EPA may fill with a permissible
interpretation. Chevron, U.S.A., Inc. v. Natural Res. Def. Council,
Inc., 467 U.S. 837, 843-44 (1984). While Congress did not expressly
mention substitutes in section 608(a), EPA does have authority under
the Act to establish regulations creating a program to address
management of ODS refrigerants and their substitutes, including
authority to implement the venting prohibition under section 608(c) for
both substitutes and ODS, and the revisions proposed today are
important to implementing those statutory authorities.
Consistent with the interpretation of section 608(c)(2) as
incorporating the de minimis exemption, EPA's regulations at Sec.
82.154(a)(2) state that ``[d]e minimis releases associated with good
faith attempts to recycle or recover . . . non-exempt substitutes are
not subject to this prohibition,'' thus extending the statutory de
minimis exemption from the venting prohibition to good faith efforts to
recycle or recover non-exempt substitute refrigerants. However, in
contrast to the regulations for ODS refrigerants, the regulations do
not provide any specific provisions to explain how to determine what
constitutes such a ``good faith attempt'' with respect to substitute
refrigerants. Thus, the regulations are currently unclear as to what
requirements or practices regulated parties must follow to qualify for
the de minimis exemption, and thereby comply with the venting
prohibition, for non-exempt substitute refrigerants.
On June 11, 1998, EPA proposed to extend the de minimis exemption
in section 608(c)(1) to substitute refrigerants and to issue
regulations under section 608(c)(2) that implement and clarify the
venting prohibition for substitutes (63 FR 32044). As stated in that
proposed rule, ``while section 608(c) is self-effectuating, EPA
regulations are necessary to define `(d)e minimis releases associated
with good faith attempts to recapture and recycle or safely dispose' of
such substances and to effectively implement and enforce the venting
prohibition.''
In the final rule issued March 12, 2004 (69 FR 11946), EPA extended
the 608(c)(1) de minimis exemption only to blends containing an ODS
component. As stated in that rule at 69 FR 11949:

[V]enting of all substitute refrigerants, including HFC and PFC
refrigerants (and blends thereof) is prohibited under section
608(c), with the exception of de minimis releases associated with
good faith attempts to recapture and recycle. The de minimis
releases exception, however, is not self-effectuating, nor is it
self-explanatory.
EPA believes that regulatory clarification is necessary to
define such `[d]e minimis releases' and `good faith attempts to
recapture and recycle or safely dispose of any such substance' and
safely dispose of appliances to effectively implement and enforce
the venting prohibition. Section 608(c)(1) in conjunction with
608(c)(2) of the Act allow for an exemption for de minimis releases
associated with good faith attempts to recapture and recycle or
safely dispose of substitutes for class I and class II ODSs used as
refrigerants. A regulation reflecting the statutory requirement for
recovery of substitute refrigerants is an essential part of a
regulatory framework within which de minimis releases and good faith
attempts to recapture and recycle or safely dispose of substitute
refrigerants can be defined.

This interpretation that the statutory de minimis exemption applies
to substitutes is consistent with the interpretation of section
608(c)(1) and (2) that EPA articulates in this section. The March 2004
Rule then goes on to state at 69 FR 11953 that:

EPA is not, however, finalizing the proposal to extend all of
the regulations concerning emissions reduction of CFC and HCFC
refrigerants, found at 40 CFR part 82, subpart F, to HFC and PFC
refrigerants. Therefore, today's rule does not mandate any of the
following proposed requirements for HFC or PFC refrigerants that do
not consist of a class I or class II ODS (i.e., pure HFC or PFC
refrigerants): A sales restriction on HFC or PFC refrigerants;
specific evacuation levels for servicing HFC or PFC appliances;
certification of HFC or PFC recycling and recovery equipment;
certification of technicians who work with HFC or PFC appliances;
reclamation requirements for used HFC and PFC refrigerants;
certification of refrigerant reclaimers who reclaim only HFCs or
PFCs; or leak repair requirements for HFC and PFC appliances.

Following the March 12, 2004, rulemaking, the Administrator
promulgated a direct final rule to amend the regulatory definitions of
refrigerant and technician, as well as the venting prohibition, to
correct and clarify the intent of those regulations (70 FR 19273, April
13, 2005). As part of that change, EPA edited the regulatory venting
prohibition to reflect the statutory de

[[Page 69471]]

minimis exception in section 608(c)(2). As explained at 70 FR 19275:

In accordance with section 608(c)(2) of Title VI of the Clean
Air Act (as amended in 1990), de minimis releases associated with
good faith attempts to recapture and recycle or safely dispose of
such substitutes shall not be subject to the prohibition. EPA has
not promulgated regulations mandating certification of refrigerant
recycling/recovery equipment intended for use with substitutes;
therefore, EPA is not including a regulatory provision for the
mandatory use of certified recovery/recycling equipment as an option
for determining de minimis releases of substitutes. However, the
lack of a regulatory provision should not be interpreted as an
exemption to the venting prohibition for non-exempted substitutes.
The regulatory prohibition at Sec. 82.154(a) reflects the statutory
reference to de minimis releases of substitutes as they pertain to
good faith attempts to recapture and recycle or safely dispose of
such substitutes.
In order to emphasize that the knowing venting of HFC and PFC
substitutes remains illegal during the maintenance, service, repair,
and disposal of appliances and to make certain that the de minimis
exemption for refrigerants remains in the regulatory prohibition,
Sec. 82.154(a) is amended to reflect the venting prohibition of
section 608(c)(2) of the Act.

In that action, EPA added the phrase ``De minimis releases
associated with good faith attempts to recycle or recover refrigerants
or non-exempt substitutes are not subject to this prohibition'' to
Sec. 82.154(a)(2) (emphasis added). However, because EPA has not
extended the section 608 recycling and recovery requirements to
substitute refrigerants, it is unclear how this exception applies to
non-exempt substitute refrigerants that do not contain an ODS. As EPA
has stated previously, the Agency is aware that some amount of
refrigerant is released during the servicing of appliances even if
precautions to avoid such releases are taken. For ODS refrigerants, the
regulations on recovery and recyling provide certainty to the regulated
community that if specific practices that EPA has identified are
followed, regulated entities will not be held liable for releases of
small amounts of refrigerant incidental to these actions. These
regulations support the recovery or recycling of refrigerants and
reduce the emissions of such substances. To provide the same clarity
and certainty to the regulated community for substitute refrigerants,
it is important to clarify how this exemption applies to non-exempt
substitute refrigerants that do not contain an ODS. To do so, EPA is
proposing to extend the amended regulations concerning emissions
reduction and recapture and recycling of CFC and HCFC refrigerants,
found at 40 CFR part 82, subpart F, to all substitute refrigerants that
have not been exempted from the venting prohibition under Sec.
82.154(a)(1).
Regulations intended to minimize the release and maximize the
recapture and recovery of non-exempt substitutes will reduce the
release and increase the recovery of ozone-depleting substances. For
that reason, this proposal is additionally supported by the authority
in section 608(a). Improper handling of substitute refrigerants is
likely to contaminate appliances and recovery cylinders with mixtures
of ODS and non-ODS substitutes. In particular, technician certification
and a sales restriction help to ensure that persons lacking the
expertise tested through certification do not release or contaminate
ODS refrigerants in the course of using non-exempt substitutes to
recharge or perform other work on systems that contain ODS.
Contaminated appliances can lead to failures and emissions from those
systems. Contaminated cylinders are less valuable to reclaimers and may
not even be accepted by reclaimers as the mixed gas may no longer be
cost-effectively recycled. Often, contaminated cylinders simply have to
be destroyed. The costs of handling or properly disposing of these
mixed refrigerants incentivizes intentional releases to the atmosphere.
Therefore contamination can lead to the release of class I and class II
substances. In addition, applying one consistent set of requirements to
all relevant refrigerants will promote compliance with and enforcement
of those requirements for both ODS refrigerants and their substitutes
by reducing complexity.
EPA further notes that under the current definition of refrigerant
any substance that consists in whole or in part of a class I or class
II ODS and is used for heat transfer and provides a cooling effect, is
a refrigerant and is subject to the requirements for ODS. However, when
a regulated entity believes it is using a substitute refrigerant, and
that substitute becomes contaminated with ODS, the contamination may
not be apparent to the user, and thus, the user may not be aware that
the requirements for refrigerants apply to that substance.
In sum, the authority to promulgate regulations regarding the use
of class I and II substances encompasses the proper handling of
alternatives where this is needed to reduce emissions and maximize
recovery of class I and II substances. Applying one consistent set of
requirements to all non-exempt refrigerants will promote compliance
with and enforcement of those requirements for both ozone-depleting
refrigerants and their substitutes by reducing complexity and
clarifying requirements.

Authority for Amendments to Provisions Related to ODS

In addition to extending the existing regulations in subpart F to
substitute refrigerants, EPA is also proposing the following amendments
related to ozone-depleting substances: Lowered leak rates, required
leak inspections, two-year leak limits, and recordkeeping requirements
for the disposal of appliances containing between five and 50 pounds of
refrigerant. EPA is also proposing to update and revise many provisions
in subpart F to improve clarity and enforceability. EPA's authority for
these amendments is based primarily on section 608(a), which requires
EPA to promulgate regulations regarding the 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.'' In addition, because EPA is further
elaborating the requirements and practices that regulated parties must
follow to qualify for the de minimis exemption from the venting
prohibition, EPA is drawing on its authority under section 608(c).
EPA's authority for these actions is also supplemented by section
301(a) and 114, as described above.
EPA solicits comments on all aspects of the discussion in this
section concerning its authority for the revisions proposed today,
including comments on its authority to extend the amended regulations
concerning emissions reduction and recapture and recycling of CFC and
HCFC refrigerants, found at 40 CFR part 82, subpart F, to all non-
exempt substitute refrigerants.

How CAA Sections 608 and 609 Work Together

While Section 608 covers all appliances, Section 609 of the CAA
directs EPA to establish requirements to prevent the release of
refrigerants during the servicing of MVACs specifically. MVACs are
defined as mechanical vapor compression refrigeration equipment used to
cool the driver's or passenger's compartment of any motor vehicle. EPA
also regulates MVAC-like appliances under this section, which are used
to cool the driver's or passenger's compartment of off-road vehicles,
including agricultural and construction vehicles.
Under section 609, no person repairing or servicing motor vehicles
for consideration may perform any service on an MVAC that involves the
refrigerant without properly using

[[Page 69472]]

approved refrigerant recovery or recovery and recycling equipment and
no such person may perform such service unless such person has been
properly trained and certified. Refrigerant handling equipment must be
certified by EPA or an independent organization approved by EPA.
Section 609 also prohibits the sale or distribution of any class I or
class II MVAC refrigerant in a container of less than 20 pounds to any
person that is not certified under section 609.
Regulations issued under section 609 are in 40 CFR part 82, subpart
B. Subpart B includes information on prohibitions and required
practices (Sec. 82.34), approved refrigerant handling equipment (Sec.
82.36), approved independent standards testing organizations (Sec.
82.38), and certification, recordkeeping, and public notification
requirements (Sec. 82.42). Appendices A-F of subpart B provide
standards for minimum operating requirements for MVAC servicing
equipment.
The section 608 regulations found in 40 CFR part 82, subpart F are
applicable to MVAC and MVAC-like appliances because MVAC and MVAC-like
appliances are included in the statutory definition of appliances in
section 601(1). Because servicing and technician training and
certification are regulated under section 609, EPA's section 608
regulations defer to those requirements. Procedures involving MVACs
that are not regulated under section 609, such as the disposal of MVACs
and the purchase of refrigerant for use in MVAC, are covered by section
608. The prohibition against venting ODS and substitute refrigerants in
section 608 is also applicable to refrigerants used in MVAC and MVAC-
like appliances.
Through this rulemaking EPA is proposing to extend the provisions
of section 608 to alternatives to ODS, including those used in MVACs.
EPA is not updating the regulations under section 609 as part of this
rulemaking because the 609 regulations have been applicable to all
substitute substances since 1995.\7\
---------------------------------------------------------------------------

\7\ The Agency has indicated plans to issue a separate proposed
rule to consider adopting standards from the Society of Automotive
Engineers (SAE) for servicing equipment in 40 CFR subpart B. These
standards are: SAE J2843 R-1234yf Recovery/Recycling/Recharging
Equipment for Flammable Refrigerants for Mobile Air-Conditioning
Systems, SAE J2851 Recovery Equipment for Contaminated Refrigerant
from Mobile Automotive Air Conditioning Systems, and SAE J3030
Automotive Refrigerant Recovery/Recycling Equipment Intended for Use
with Multiple Refrigerants. In a separate future proposed rule, EPA
intends to propose to incorporate by reference these standards
developed by SAE International's Interior Climate Control Committee.
---------------------------------------------------------------------------

IV. The Proposed Rule

A. Proposed Changes to the Definitions in Section 82.152

EPA is proposing to update and clarify many of the definitions in
subpart F. EPA is also proposing to add new definitions and remove
definitions that have the sole purpose of restating the required
practice. In general, these changes are to improve readability,
increase consistency with how the term is used in the regulatory text,
and specifically incorporate substitute refrigerants as appropriate.
Proposed changes to each term are discussed individually below,
except for the terms refrigerant and appliance as well as full charge
and seasonal variance which are sufficiently interrelated to require
joint discussions.
EPA requests comments on all of the proposed changes to the
definitions below. The Agency is particularly interested in comments on
newly defined terms and on changes to definitions that affect the scope
and requirements of subpart F.
Refrigerant and Appliance
The existing definitions in subpart F are written to separate
ozone-depleting substances from non-ozone-depleting substitutes. As
relevant here, section 601 of the CAA defines an appliance as a
``device which contains and uses a class I or class II substance as a
refrigerant.'' Class I and class II substances are defined as
substances listed under sections 602(a) or (b), respectively. Section
601 of the CAA does not define refrigerant. EPA's existing regulations
at Sec. 82.152 reach that definition through a two-step process. First
EPA defined an appliance as a device which contains and uses a
refrigerant. Then EPA defined the term refrigerant as solely class I or
class II ozone-depleting substances, or mixtures containing a class I
or class II ODS.
Defining these terms in this manner was appropriate before section
608(c)(2) took effect on November 15, 1995. Under section 608(c)(2),
the venting prohibition applies to substitutes for ODS refrigerants
and, accordingly, it states that ``[f]or purposes of this paragraph''
the term appliance includes any ``device which contains and uses as a
refrigerant a substitute substance.'' However, EPA has not updated the
definition of appliance in subpart F to reflect section 608(c)(2).
Because EPA regulations still define an appliance as a device that
contains and uses a refrigerant, and refrigerant in such a way that
does not include substitutes, substitutes are thereby excluded from the
regulatory definition of the term appliance. This leads to confusing
results throughout subpart F. As only one example among many that could
be provided, the purpose and scope section in Sec. 82.150(b) states
that this subpart applies to any person servicing, maintaining, or
repairing appliances. Under the regulatory definition substitutes are
not used in appliances, but regulations later in this subpart, at Sec.
82.154(a)(1), state that no person maintaining appliances may knowingly
vent any substitute from such appliances unless one of the regulatorily
defined exceptions applies. This proposed rule attempts to clear up
these inconsistencies by defining and using regulatory terms more
consistently.
EPA is proposing to revise the definition of appliance so that it
encompasses the usage of the term in sections 601 and 608 of the CAA.
This rule proposes to define appliance as any device which contains and
uses a class I or class II substance or substitute (emphasis added) as
a refrigerant and which is used for household or commercial purposes,
including any air conditioner, motor vehicle air conditioner,
refrigerator, chiller, or freezer. This proposed change would make the
regulatory definition consistent with sections 601 and 608 of the CAA,
improve internal consistency of the regulations, and increase clarity
for the regulated community.
EPA is proposing to amend the definition of refrigerant to include
any substance, including blends and mixtures, consisting in part or
whole of a class I or class II ozone-depleting substance or substitute
(emphasis added) that is used for heat transfer purposes and provides a
cooling effect. This proposed definition would note that the term
refrigerant would include blends as well as mixtures of refrigerants.
EPA is proposing this approach so as to define refrigerant
according to the way the term is currently understood. From an
engineering standpoint, it does not matter whether or not a compound is
an ODS to function as a refrigerant. This amended definition is closer
to how the term is commonly understood. Broadening the term also brings
other terms in subpart F such as refrigerant circuit or reclaimed
refrigerant more in line with common usage.
Apprentice
EPA is proposing to amend the definition of the term apprentice to
replace the ``Bureau of Apprenticeship and Training'' with the ``Office
of

[[Page 69473]]

Apprenticeship'' to match the current name of the office. EPA is also
proposing minor edits to improve clarity and readability.
Approved Equipment Testing Organization
EPA is proposing to remove the defined term approved equipment
testing organization. The current definition is merely a reference to
the section of the CFR that discusses the characteristics of such an
organization. EPA is proposing to remove the definition to increase
readability.
Certified Refrigerant Recovery or Recycling Equipment
EPA is proposing to remove the defined term certified refrigerant
recovery or recycling equipment. The current definition merely refers
to the sections of the CFR that discuss the certification program. This
term is also used inconsistently throughout subpart F as ``recovery and
recycling equipment,'' ``recovery or recycling equipment,'' ``recycling
and recovery equipment,'' and ``recycling or recovery equipment.'' The
regulations at Sec. 82.36 make a distinction, in the context of MVAC
servicing, between equipment that only recovers refrigerant and
equipment that both recovers and recycles refrigerant. The regulations
in subpart F generally do not make a distinction. The standards in
appendices B1 and B2 refer to recovery and/or recycling equipment while
the standard in appendix C for small appliances refers to recovery
equipment only. For consistency, this rule proposes to use ``recovery
and/or recycling equipment'' throughout, except for when referring only
to small appliances.
Class I and Class II
EPA is proposing to create regulatory definitions for the terms
class I and class II ozone-depleting substances. These terms are
currently defined in section 601 of the CAA and in 40 CFR part 82,
subpart A. EPA is not proposing a different meaning. Adding definitions
to subpart F can assist the reader as these terms are currently not
explained in the definitions section and are used frequently in the
regulations. EPA's proposed definition of class I is an ozone-depleting
substance that is listed in 40 CFR part 82, subpart A, appendix A.
Similarly, EPA's proposed definition of class II is an ozone-depleting
substance that is listed in 40 CFR part 82, subpart A, appendix B. EPA
notes that the regulatory text uses class I substance, class I ODS, and
class I refrigerant interchangeably (and similarly uses class II
substance, class II ODS, and class II refrigerant interchangeably) and
all are intended to have the same meaning for the purpose of subpart F.
Comfort Cooling
EPA is proposing to create a definition for the term comfort
cooling. The leak repair provisions divide refrigeration and air-
conditioning equipment into three categories: Comfort cooling,
commercial refrigeration, and industrial process refrigeration. EPA has
previously defined commercial refrigeration and industrial process
refrigeration but not comfort cooling.
For purposes of the leak repair requirements, EPA is proposing to
define comfort cooling as the air-conditioning appliances used to
provide cooling in order to control heat and/or humidity in facilities
including but not limited to office buildings and light commercial
buildings. Comfort cooling appliances include building chillers and
roof-top self-contained units. They may be used for the comfort of
occupants or for climate control to protect equipment within a
facility, such as but not limited to computer rooms.
EPA seeks comments on the applicability of the proposed definition
of comfort cooling to air-conditioning equipment that is typically used
to provide cooling and or humidity control in such environments.
Commercial Refrigeration
EPA is proposing to amend the definition of commercial
refrigeration for clarity by removing the sentence that this equipment
typically contains a charge size 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 between 50
pounds, as stated in the leak repair required practices, and 75 pounds.
The Agency feels that the phrase is not required since the threshold
for the leak repair requirements is a refrigerant charge of 50 pounds
or greater. EPA is proposing to define commercial refrigeration as the
refrigeration appliances used in the retail food and cold storage
warehouse sectors. Retail food includes the refrigeration equipment
found in supermarkets, convenience stores, restaurants and other food
service establishments. Cold storage includes the refrigeration
equipment used to store meat, produce, dairy products, and other
perishable goods.
Critical Component
EPA is proposing to remove the defined term critical component and
add the term component. EPA proposed the same change in the proposed
2010 Leak Repair Rule. As discussed in that rule, EPA considers
components as the parts of the appliance that 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. The meaning of the definition can be preserved
without classifying the component as critical.
Owners or operators of IPR may be granted additional time to make
repairs if critical components cannot be delivered within the necessary
time. Later in this action, EPA discusses its proposal to create a
consistent set of extensions to the leak repair regulations for all
types of appliances. The unavailability of a component is not a
situation unique to owners or operators of IPR. Owners or operators of
comfort cooling and commercial refrigeration appliances should be
granted the same flexibility as owners and operators of IPR 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 complexity of the current leak repair regulations.
Therefore, EPA is proposing to amend the definition so that it is not
limited to IPR, but also includes comfort cooling and commercial
refrigeration appliances.
EPA also proposes to replace the current defined term critical
component with the newly defined term component, which would mean an
appliance part, such as, but not limited to, compressors, condensers,
evaporators, receivers and all of its connections and subassemblies.
The term component is intended to be broader so everything that would
have been covered under the term critical component would be included.
Custom-Built
EPA is proposing to amend the definition of the term custom-built
to remove a citation to a section of the regulation that has moved.
Disposal
EPA is proposing to amend the definition of the term disposal to
clarify that the disposal process includes the destruction of an
appliance that releases or would release refrigerant to the

[[Page 69474]]

environment. This proposed change is intended to cover activities such
as vandalism or the cutting of refrigerant lines, both to steal metal
and to vent the refrigerant. EPA is also proposing to clarify that the
disassembly of an appliance for recycling, as well as reuse, is part of
the disposal process. EPA does not believe that these changes alter the
current understanding of the term and is proposing them to increase
clarity.
Follow-Up Verification Test
EPA is proposing to amend the definition of the term follow-up
verification test to remove duplicative text covered in Sec. 82.156
``Required Practices.'' The proposed revisions describe what the test
is and how it is conducted and not what the regulatory requirements of
the test are, which this rule proposes to move to Sec. 82.157(f). EPA
is proposing to define follow-up verification test as those tests that
involve checking the repairs to an appliance after a successful initial
verification test and after the appliance has returned to normal
operating characteristics and conditions to verify that the repairs
were successful. 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.
EPA is not proposing to specify one test that would satisfy the
definition of follow-up verification. In addition, these methods are
not meant to be all-inclusive, but are intended to provide examples of
known methodologies of performing leak repair verification tests.
Full Charge and Seasonal Variance
EPA is proposing to amend the definition of the term full charge to
account for seasonal variances and to make minor edits for readability.
EPA noted in the proposed 2010 Leak Repair Rule that owners or
operators of commercial refrigeration appliances and IPR 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. 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).
EPA proposed in 2010 to allow owners or operators to 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. EPA continues to believe
that owners or operators should be able to take seasonal variances into
account in determining the full charge. Unlike the 2010 proposal, EPA
is proposing that seasonal variances be accounted for using the actual
amount of refrigerant added to or evacuated from the appliance, rather
than estimates.
EPA is proposing to define full charge 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 of the equipment manufacturer's determination of the full
charge;
(2) Use of appropriate calculations based on component sizes,
density of refrigerant, volume of piping, and other relevant
considerations;
(3) Use of actual measurements of the amount of refrigerant added
to or evacuated from the appliance, including for seasonal variances;
and/or
(4) Use of 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 is proposing to create a defined term seasonal variance to mean
the addition of refrigerant to an appliance due to a change in ambient
conditions caused by a change in season, followed by the subsequent
removal of an equal amount of refrigerant due to a later corresponding
change in season, where both the addition and removal of refrigerant
occurs within one consecutive 12-month period. The proposal to account
for seasonal variance when calculating appliance leak rates is
discussed further in Section IV.F. of this preamble.
Unlike in the 2010 proposal, EPA is not proposing to require that
an owner or operator choose solely one method rather than a combination
of methods to determine full charge. There are instances where multiple
methods may be necessary to accurately determine the full charge. In
addition, EPA is not proposing that owners or operators commit to the
same method for the life of the appliance. However, as discussed later
in this notice, EPA is proposing to require a written record of the
full charge, the method(s) used to determine the full charge, and any
changes to that amount.
High-Pressure Appliance
EPA is proposing to amend the definition of the term high-pressure
appliance to update the list of example refrigerants. The proposed
changes to the terms appliance and refrigerant carry over into this
term as well. Therefore, under the proposed revisions high-pressure
appliances would include those that use ODS and non-ODS refrigerants.
EPA is proposing to update the list of example refrigerants with the
most common types currently used in these systems, including ODS and
non-ODS refrigerants. Specifically, these are R-22, R-407A, R-407C, R-
410A, and R-502.
Industrial Process Refrigeration
EPA is proposing to amend the definition of the term industrial
process refrigeration to make minor clarifications for readability and
to remove a citation to a section of the regulation that has moved. EPA
is proposing to define industrial process refrigeration as complex
customized appliances that are directly linked to the processes used
in, for example, the chemical, pharmaceutical, petrochemical, and
manufacturing industries. 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.
Industrial Process Shutdown
EPA is proposing to amend the definition of the term industrial
process shutdown to remove a citation to a section of the regulation
that has moved.
Initial Verification Test
EPA is proposing to amend the definition of the term initial
verification test to remove duplicative text covered in the required
practices section of the regulation. The proposed revisions describe in
general terms what the test is, not what the requirements of the test
are. The purpose of the test is to verify that an appliance has been
repaired prior to adding refrigerant back into the system. The
requirements for an initial verification test are described in Section
IV.F.10 of this preamble. EPA is proposing to define initial
verification test as those leak tests that are conducted as soon as
practicable after the repair is finished to verify that a leak or leaks
have been repaired before refrigerant is added back to the appliance.

[[Page 69475]]

Leak Inspection
EPA is proposing to create a new defined term leak inspection. EPA
is proposing to require that owners or operators conduct annual or
quarterly leak inspections for appliances normally containing 50 or
more pounds of refrigerant. EPA is proposing to define leak inspection
as the examination of appliances using a calibrated leak detection
device, a bubble test, or visual inspection for oil residue in order to
determine the presence and location of refrigerant leaks.
This definition appropriately covers the techniques currently used
to detect the location of leaks. This term encompasses activities that
can be performed by someone who is not a certified technician, unlike
some of the activities listed in the definition of the term follow-up
verification test. The proposed term for leak inspection does not
include activities that would assist in determining whether a system is
leaking generally, such as viewing receiver levels, pressure gauges, or
adding refrigerant. However, EPA encourages persons conducting leak
inspections to also review receiver levels if applicable.
Leak Rate
EPA is proposing to amend the definition of the term leak rate to
change the calculation performed under what is called Method 2 under
the existing rules. Currently, the first step of that method is to take
the sum of the quantity of refrigerant added to the appliance over the
previous 365-day period (or over the period that has passed since leaks
in the appliance were last repaired, if that period is less than one
year). Instead of the cut-off being since the last repair (if less than
365 days), EPA is proposing to amend Step 1 to cover the period of time
since the last successful follow-up verification test (if less than 365
days have passed since the last refrigerant addition). This proposed
change would improve the clarity of the requirements, because under the
existing definition, it is unclear if the repair has to be successful
in order to be considered in the leak rate calculation; these proposed
revisions are intended to clarify that it must be. As discussed later
in this preamble, EPA is proposing to allow repairs and initial and
follow-up verification tests to occur in the same visit by a certified
technician. This will likely result in the verification tests occurring
on the same day as the repair.
EPA is also proposing to rename the two methods from Method 1 and
Method 2 to ``Annualizing Method'' and ``Rolling Average Method'' to
improve readability. Finally, EPA is proposing to clarify that while
the same leak rate calculation must be used for all appliances at the
same facility, this only refers to the appliances subject to the leak
repair provisions (i.e. appliances normally containing 50 or more
pounds of refrigerant).
Low-Pressure Appliance
EPA is proposing to amend the definition of the term low-pressure
appliance to update the list of example refrigerants. The proposed
changes to the terms appliance and refrigerant carry over into this
term as well. Therefore, under the proposed revisions low-pressure
appliances would include those that use ODS and non-ODS refrigerants.
EPA is proposing to update the list of example refrigerants with the
most common types currently used in these systems, including ODS and
non-ODS refrigerants. Specifically, these are R-11, R-123, R-113, R-
245fa, and R-1233zd(E).
Medium-Pressure Appliance
EPA is proposing to amend the definition of the term medium-
pressure appliance to update the list of example refrigerants. The
proposed changes to the terms appliance and refrigerant carry over into
this term as well. Therefore, under the proposed revisions medium-
pressure appliances would include those that use ODS and non-ODS
refrigerants. EPA is proposing to update the list of example
refrigerants with the most common types currently used in these
systems, including ODS and non-ODS refrigerants. Specifically, these
are R-114, R-124, R-12, R-134a, and R-500.
Mothball
EPA is proposing to change the defined term system mothballing to
mothball to reflect how it is used in the regulations. Mothballing an
appliance suspends the time needed to complete repairs, retrofit or
retirement plans, or completion of a retrofit or retirement for IPR
that have triggered the leak repair requirements. The current exemption
for system mothballing at Sec. 82.154(i)(10) is available only for
IPR. EPA is proposing to extend that exemption to all appliances,
therefore EPA is proposing to remove the reference to ``refrigeration''
appliances in the definition. The current definition also requires that
the appliance be shut down for ``an extended period of time.'' EPA does
not believe that the length of time that the system is shut down is
controlling, but rather that the system has been removed from service
temporarily, as opposed to permanently retired, and that the
refrigerant has been evacuated. EPA is also proposing to clarify that
the suspension of time ends when refrigerant is added back into the
appliance. The revised definition also notes that refrigerant can be
evacuated from an isolated component of the appliance and makes minor
edits to improve clarity and readability. Therefore, EPA is proposing
the term mothball to mean to evacuate refrigerant from an appliance, or
the affected isolated section or component of an appliance, to at least
atmospheric pressure, and to temporarily shut down that appliance.
Normal Operating Characteristics and Conditions
EPA is proposing to change the defined term normal operating
characteristics or conditions by replacing ``or'' with ``and'' for
consistency through the regulations and to accurately describe the
intended state of the appliance to which this term refers. EPA is also
proposing to remove a reference to a section of the regulation that has
moved. EPA is further proposing to add a reference to the appliance's
full charge. Operating at full charge is a necessary element of an
appliance's normal characteristics and it should be reflected in the
definition. Finally, EPA is clarifying that this term extends to all
appliances, not just refrigeration appliances. This term is currently
used in the regulatory text in reference to all types of air-
conditioning and refrigeration systems.
Normally Containing a Quantity of Refrigerant
EPA is proposing to remove the defined term Normally containing a
quantity of refrigerant. This term merely indicates the quantity of
refrigerant in an appliance at full charge and it may be confusing to
have two defined terms to make the same point. EPA is proposing to
replace this term wherever it is found with the phrase ``with a full
charge of.''
One-Time Expansion Device
EPA is proposing to amend the definition of the term one-time
expansion device to make clear that this includes devices that can
store multiple charges, which are released individually to the
environment to provide a cooling effect. EPA is proposing to define
one-time expansion device as an appliance that relies on the release of
its refrigerant charge to the environment in order to provide a cooling
effect. These are typically single releases but could also include
products that are designed

[[Page 69476]]

to release refrigerant to the environment through multiple individual
charges.
Opening an Appliance
EPA is proposing to amend the definition of the term opening an
appliance to improve readability.
Reclaim
EPA is proposing to change the defined term reclaim refrigerant to
reclaim so as to match usage in the regulatory text. EPA is also
proposing to update the Air Conditioning, Refrigeration, and Heating
Institute (AHRI) standard referenced in the definition. This updated
standard includes non-ODS refrigerants.
Recover
EPA is proposing to change the defined term recover refrigerant to
recover so as to match usage in the regulatory text.
Recycle
In the context of recycling refrigerant, EPA is proposing to change
the defined term recycle refrigerant to recycle so as to match usage in
the regulatory text. EPA is also proposing to clarify in the definition
that reuse of recycled refrigerant must occur in equipment of the same
owner or operator. EPA has previously prohibited in Sec. 82.154(g) the
sale of used refrigerant unless it has been reclaimed or is being
transferred to an appliance owned by the same parent company or by the
same Federal agency or department. EPA is also making minor changes to
improve readability.
Retire
EPA is proposing to create a defined term retire in reference to
appliances to mean the disassembly of the entire appliance including
its major components, such that the appliance as a whole cannot be used
by any person in the future. Retirement means that any remaining
refrigerant would be recovered from the appliance followed by the
dismantling and disposal of the appliance components. Retirement
differs from mothballing as defined at Sec. 82.152 because a
mothballed appliance is simply evacuated and shut down until it is
ready to be used once again, whereas retirement involves a permanent
shutdown and disassembly of an appliance. Retirement should also not be
confused with a repair. Repair is not expressly defined in the subpart
F regulations. It may include the removal of a faulty component, but
such removal does not mean that the appliance as a whole has been
removed from service and rendered unfit for use by the current or any
future owner or operator. Throughout this rule, ``replacement'' or
``replace'' may be used when discussing a situation where an existing
appliance is retired, and replaced with another appliance. In some
instances, however, the owner or operator may choose to only retire and
not replace an appliance so the two terms are not always used together.
Retrofit
EPA is proposing to create a defined term retrofit. As discussed in
the proposed 2010 Leak Repair Rule, many appliance owners or operators
have incorrectly equated the two terms retrofit and repair. EPA does
not view a retrofit or the need to retrofit as a repair. Although
repair is not expressly defined in the subpart F regulations, EPA
considers a repair to include an action that addresses the leaking
appliance or the affected component(s) of the leaking appliance.
Repairs may include replacement of components or component
subassemblies, whereas EPA uses the term retrofit to refer to a change
to the appliance in order to convert it to the use of a different
refrigerant. EPA does not use the term to apply to upgrades or repairs
to existing equipment where the refrigerant is not changed. Retrofits
often require changes to the appliance (for example, change in
lubricants, filter driers, gaskets, o-rings, and in some cases,
components) in order to acquire system compatibility.
Self-Sealing Valve
EPA is proposing to create a defined term self-sealing valve. A
self-sealing valve means a valve affixed to a container of refrigerant
that automatically seals when not actively dispensing refrigerant and
that meets or exceeds established performance criteria as identified in
Sec. 82.154(f)(2). The purpose of a self-sealing valve is to prevent
or minimize inadvertent release of refrigerant to the environment
during the use and storage of the container of refrigerant. EPA
discusses the requirement for self-sealing valves for small cans of
MVAC refrigerant in more detail in Section IV.H.4 of this preamble.
Small Appliance
EPA is proposing to amend the definition of the term small
appliance to remove the reference to class I and class II refrigerants.
The proposed changes to the terms appliance and refrigerant carry over
into this term as well. Therefore, under this proposal small appliances
would include those that use ODS and non-ODS refrigerants. EPA is also
proposing to add portable air conditioners to the list of example
appliances.
Substitute
EPA is proposing to amend the definition of the term substitute to
remove the phrases ``EPA-approved'' and ``in a given refrigeration or
air-conditioning end-use.'' These phrases are references to the SNAP
program, which identifies acceptable alternatives to ODS for specific
end-uses. EPA is proposing to remove this reference because the Agency
has recently changed the status of certain refrigerants from acceptable
to unacceptable for new retail food refrigeration equipment, vending
machines, and motor vehicle air conditioning (80 FR 42870; July 20,
2015). EPA does not mean to imply that finding a refrigerant to be
unacceptable in a given end-use under SNAP means that it is no longer
included within the term substitute and thus by extension the term
refrigerant. Were that the case, those substitutes could be
inadvertently exempted from the safe handling requirements of subpart
F. EPA is making this change to prevent that confusion, especially
since the Agency is allowing for the servicing of existing appliances
designed to use refrigerants that the Agency recently listed as
unacceptable in new (and in some cases) retrofitted appliances. In the
revised definition, any chemical or product, whether existing or new,
that is used by any person as a replacement for a class I or II ozone-
depleting substance would be considered a substitute, even if it has
been recently listed as unacceptable under SNAP in some end-uses. As
discussed above, EPA is also proposing to incorporate the term
substitute within the term refrigerant.
By defining the term substitute in this way, and incorporating it
into the definition of refrigerant, EPA intends to apply the
requirements in subpart F to all substances that are functionally
refrigerants, including but not limited to HFCs, PFCs, HFOs,
hydrofluoroethers, and hydrocarbons. Multiple stakeholders at the
November 2014 meeting encouraged EPA to treat all refrigerants in the
same manner. With the exception of those substances specifically
exempted from the venting prohibition, requiring all substances used as
refrigerants to be handled in the same manner will reduce confusion and
ultimately prevent emissions of both ODS refrigerants and non-ODS,
high-GWP refrigerants. As discussed later in this notice, EPA will
continue to exempt through regulation certain substitutes from the
venting prohibition, and the other safe handling provisions in

[[Page 69477]]

subpart F, based on a determination that their release does not pose a
threat to the environment. This is the case in the current regulations,
for instance, with all approved uses of hydrocarbon refrigerants,
ammonia, and CO2.
Suitable Replacement Refrigerant
EPA is proposing to remove the defined term suitable replacement
refrigerant. The existing leak repair regulations allow for additional
time to retrofit or retire an appliance using an ODS refrigerant if a
suitable replacement refrigerant with a lower ozone depletion potential
is unavailable. This is the only place this term is used in subpart F.
EPA is proposing to remove the extension due to the unavailability of a
suitable replacement, as discussed in Section IV.F.13 of this notice.
It is therefore appropriate to remove the term from the list of
definitions.
System Receiver
EPA is proposing to create a defined term system receiver to
provide clarity to the reader. This definition is currently found in a
parenthetical in the regulatory text at Sec. 82.156(a). This term is
used when describing the required practices to properly evacuate
refrigerant from an appliance and the definition does not introduce any
new concepts to the evacuation requirements currently stated in the
parenthetical. EPA is proposing to define system receiver to mean the
isolated portion of the appliance, or a specific vessel within the
appliance, that is used to hold the refrigerant charge during the
servicing or repair of that appliance.
Technician
EPA is proposing to amend the definition of the term technician to
improve clarity. The revised definition highlights that the determining
factor for being a technician is the performance of actions that could
reasonably be expected to violate the integrity of the refrigerant
circuit. In general, only technicians should be performing actions that
could violate the integrity of the refrigerant circuit and could
therefore release refrigerant into the environment. The exception to
that general statement, which the revised definition makes clear, is
that persons maintaining, servicing, or repairing MVACs and persons
disposing of small appliances, MVACs, or MVAC-like appliances do not
need to be technicians. This proposed change does not affect the scope
of the existing requirements but rather is intended to address feedback
from stakeholders that the Agency should clarify which activities must
be conducted by technicians and which need not be.
The current definition of technician also includes a non-exclusive
list of example activities that are reasonably expected to violate the
integrity of the refrigerant circuit as well as examples of activities
that do not. EPA considered proposing to create a separate definition
for that term but found it unnecessary to do so as it only appears
within the definition of technician. EPA is proposing to make changes
to these examples for clarity and to add the following two examples of
activities reasonably expected to violate the integrity of the
refrigerant circuit: Adding or removing components and cutting the
refrigerant line. EPA is proposing to add these to the list of examples
to improve the enforceability of these regulations.
Very High-Pressure Appliance
EPA is proposing to amend the definition of the term very high-
pressure appliance to update the list of example refrigerants. The
proposed changes to the terms appliance and refrigerant carry over into
this term as well. Therefore, under the proposed revisions very high-
pressure appliances would include those that use ODS and non-ODS
refrigerants. EPA is proposing to update the list of example
refrigerants with the most common types currently used in these
systems, including ODS and non-ODS refrigerants. Specifically, these
are R-13, R-23, R-503, R-508A, and R-508B.
Voluntary Certification Program
EPA is proposing to remove the defined term voluntary certification
program. This term references a provision in the regulations that
grandfathered in technicians who were certified prior to the
establishment of the technician certification program in subpart F. EPA
is proposing to remove these grandfathering provisions and therefore is
proposing to remove the definition as well. The rationale for proposing
to remove this grandfathering provision is discussed with the
technician certification proposals below.

B. Proposed Changes to the Venting Prohibition in Section 82.154

1. Background
As explained in section III of this notice, Sec. 82.154(a)
currently prohibits the venting of ODS refrigerants and non-ODS
substitutes to the environment. This regulatory provision also
currently provides an exemption to the venting prohibition for certain
substitutes in specific end-uses based on a determination that the
listed substitutes in the listed end-uses do not pose a risk to the
environment when released. This section also exempts from the venting
prohibition de minimis releases of ODS refrigerants and non-exempt
substitute refrigerants, and defines de minimis releases of ODS
refrigerants to be those releases that occur when the other provisions
of subpart F (or subpart B in the case of MVACs) are followed.
2. Applying the de Minimis Exemption to Substitute Refrigerants
The knowing venting, release, or disposal of substitutes for class
I and class II refrigerants during maintenance, service, repair, or
disposal of an appliance or IPR is expressly prohibited by section
608(c)(1) and (2) of the CAA, effective November 15, 1995, unless the
Administrator determines that such venting, release, or disposal does
not pose a threat to the environment. This prohibition is commonly
called the venting prohibition. As explained in more detail above,
section 608(c)(1) establishes the venting prohibition for class I and
class II substances, and also establishes an exemption from the
prohibition for de minimis releases associated with good faith attempts
to recapture and recycle or safely dispose of ``any such substance.''
The statutory language of section 608(c)(2) extends paragraph 608(c)(1)
to substitutes for class I and class II substances used as refrigerants
in appliances and IPR. This extension includes the prohibition on
venting and the exemption for de minimis releases associated with good
faith attempts to recapture and recycle or safely dispose of such
substances.
For class I and II substances EPA has interpreted those releases
that occur despite compliance with EPA's required practices for
recycling and recovery under Sec. 82.156, including use of recovery
and/or recycling equipment certified under Sec. 82.158, and technician
certification programs under Sec. 82.161 as de minimis. Thus,
compliance with these regulations represents ``good faith attempts to
recapture and recycle or safely dispose'' of refrigerant. Accordingly,
the regulations at Sec. 82.154(a)(2) currently provide that releases
of ODS refrigerants are considered de minimis only if they occur when
the other provisions of subpart F (or subpart B in the case of MVACs)
are followed. As noted above, although the regulations at Sec.
82.154(a) exempt de minimis releases of non-exempt substitutes from the
venting prohibition, the regulations do not provide any express
guidance for such substitutes as to what practices are

[[Page 69478]]

considered ``good faith attempts to recapture and recycle or safely
dispose'' of the substitute such that incidental releases would qualify
for the de minimis exception.
EPA proposes to interpret the phrase ``good faith attempts to
recapture and recycle or safely dispose'' similarly when it applies to
substitute refrigerants under section 608(c)(2) as when it applies to
ODS refrigerants under section 608(c)(1). Thus, compliance with the
proposed provisions and revisions regarding evacuation of equipment,
use of certified equipment, and technician certification in any
instance where a person is opening (or otherwise violating the
refrigerant circuit) or disposing of an appliance, as defined in Sec.
82.152 would represent ``good faith attempts to recapture and recycle
or safely dispose'' of substitute refrigerants. EPA considers these
provisions to appropriately represent good faith attempts to recapture
and recycle or safely dispose of substitute refrigerants for the
reasons discussed in EPA's justification of each proposed provision
below. Under this approach, emissions that take place during servicing
or disposal when these provisions are not followed would not be de
minimis emissions and would be subject to the venting prohibition.
Conversely, this approach together with the proposal to include
substitute refrigerants in the definition of the term refrigerant,
would mean that substitute refrigerants would be included in the
regulatory clarification that releases are only considered de minimis
if they occur when these procedures or those under subpart B are
followed.
It is impossible to open appliances (or otherwise violate the
refrigerant circuit) or dispose of appliances without emitting some of
the refrigerant in that circuit, even if an effort is made to
recapture. Even after the appliance has been evacuated, some
refrigerant remains, which is released to the environment when the
appliance is opened or disposed of. Other activities that fall short of
opening or disposing of the appliance but that involve violation of the
refrigerant circuit also release refrigerant, albeit in very small
quantities, because connectors (e.g., between hoses or gauges and the
appliance) never join together without intervening space. Even in the
best case in which a good seal is made between a hose and an appliance
before the valve between them is opened, some refrigerant will remain
in the space between the valve and the outer seal after the valve is
closed. This refrigerant will be released when the outer seal is
broken. Thus, whenever a person opens an appliance (or otherwise
violates the refrigerant circuit) in the course of maintaining,
servicing, repairing, or disposing that appliance, he or she could
violate the venting prohibition unless the exception for de minimis
releases applies. Because EPA is proposing to define the exception for
substitute refrigerants such that it only applies when the person
complies with the existing refrigerant management provisions,
compliance with the proposed provisions will ensure that any releases
incidental to these practices will be considered de minimis and thus
will not violate the venting prohibition under section 608(c)(2). EPA
invites comments on applying these provisions of subpart F to
substitute refrigerants.
3. Exempting Certain Substitutes From the Venting Prohibition
EPA is proposing to explicitly state in the regulatory text that
the substitutes exempted from the venting prohibition in Sec.
82.154(a)(1) are also exempt from the other provisions of subpart F.
EPA has previously determined that these substances do not pose a
threat to the environment when vented or otherwise released. Given that
decision, it would generally not make sense to require procedures for
recovery or safe disposal, or to apply other provisions of subpart F to
those exempt refrigerants. This is consistent with the intent of
section 608(c)(2), which states that the Administrator may determine
that not just the venting but also the ``releasing, or disposing'' of
such substance does not pose a threat to the environment. EPA does not
view this as a substantive change but rather as a clarification of the
existing regulations. This proposed revision will also help to ensure
that the extension of substantive requirements to substitutes does not
inadvertently lead to application of those requirements to exempt
substitutes.
EPA is also proposing to reorganize the list of exempt substitutes
by refrigerant type for readability. All of the specific end-uses for
that substance would appear in one place. EPA is not proposing any
changes to those end-uses or adding or removing any substitutes from
the list.
4. Releases From Containers
EPA is moving the existing regulatory provision in Sec.
82.154(a)(2) that states that the venting prohibition applies to the
release of refrigerant (both ODS and non-exempt substitute
refrigerants) after its recovery from an appliance. EPA is moving this
provision to a separate subparagraph (Sec. 82.154(a)(3)) rather than
its current location in the description of a de minimis release.
Standing alone should make the provision clearer that it is a violation
of the venting prohibition to vent or otherwise release refrigerant
after that refrigerant is recovered from an appliance, whether from
cylinders, recovery equipment, or any other storage container or
device. EPA wishes to highlight that the venting prohibition cannot be
obviated through using a recovery device and subsequently releasing the
refrigerant. This is especially important because refrigerant recovered
from appliances may be contaminated or be a mixture of multiple
refrigerants. Such refrigerant may be difficult to reclaim or may
require a fee for proper disposal or destruction. In light of those
difficulties, it is important to emphasize that venting this
refrigerant, even though it is in a cylinder and not an appliance, is
illegal.
5. Removing Effective Dates
EPA is proposing to remove the effective dates in Sec. 82.154(a)
and elsewhere in subpart F wherever it makes sense to do so. These
other locations are Sec. 82.154(d)-(f) and (i)-(k), Sec. 82.156(f),
Sec. 82.158(a) and (n), Sec. 82.161(a), and Sec. 82.164(a). Many of
the effective dates are 1993 or 1994 when the program was established
and it is now well understood that these provisions currently apply.
Others refer to the specific standards for recovery and/or recycling
equipment, which EPA addresses below. EPA does not want to remove an
effective date where it is important for understanding the timing of
the regulations. For example, EPA is proposing to remove the separate
effective date references in Sec. 82.154(a) but may decide to leave
the June 9, 2015, effective date for the alternatives added under a
recent SNAP rule (April 10, 2015; 80 FR 19454) as it is relatively new.
EPA specifically encourages comments on whether removing effective
dates in most instances is appropriate, both in Sec. 82.154(a) and in
other provisions of subpart F.

C. Proposed Changes to the Refrigerant and Appliance Sales Restrictions
in Section 82.154

1. Background
Under the current regulations at Sec. 82.154(m), the sale or
distribution of a refrigerant containing a class I or class II
substance, such as R-12, or refrigerant blends that include HCFCs, is
restricted to technicians certified under sections 608 or 609 of the
CAA. The sale or distribution of any class I or class II substance
suitable for use in an MVAC that is in a container of less than 20
pounds may only be sold to technicians

[[Page 69479]]

certified under section 609. For example, any person who sells or
distributes R-12 for use in an MVAC and that is in a container of less
than 20 pounds must verify that the purchaser has obtained
certification by an EPA-approved section 609 technician training and
certification program.
The current regulations at Sec. 82.154(g) also restrict the sale
of used ODS refrigerant sold for reuse unless certain conditions are
met, the most important of which is that the refrigerant has been
reclaimed. Sections 82.154(j) and (k) prohibit the sale of appliances
containing an ODS refrigerant unless the appliance has a servicing
aperture or process stub to facilitate the removal of refrigerant at
servicing and disposal. Section 82.154(p) also currently prohibits the
manufacture or import of one-time expansion devices that contain any
refrigerant (ODS or non-ODS), other than exempted refrigerants.
2. Extension to Substitute Refrigerants
EPA is proposing to extend the sales restriction to HFCs and other
non-exempt substitute refrigerants. The sales restriction would apply
to non-exempt substitute refrigerants sold in all sizes of containers
for use in all types of appliances. However, as discussed below, EPA is
proposing to create an exception for small cans (two pounds or less) of
refrigerant intended to service MVACs, so long as the cans are equipped
with a self-sealing valve. EPA is also proposing to extend the
restriction on the sale of used refrigerant to include used non-exempt
substitute refrigerants and require that appliances containing such
substitute refrigerants contain a servicing aperture or process stub to
allow for recovery of the refrigerant.
To extend the sales restriction, EPA is proposing to remove
references to class I and class II substances where appropriate in
these provisions and to replace them with the term refrigerant, which
EPA is proposing to amend in Sec. 82.152 to include substitutes. To
avoid confusion, EPA is proposing to add a provision specifically
noting that the sales restriction does not apply to substitutes that
are exempt from the venting prohibition. EPA is also proposing to amend
the purpose and scope statements at Sec. 82.150, both of which
describe the sales restriction as only affecting class I or class II
ODS. EPA is proposing to add the term substitutes to these purpose and
scope statements to clarify that the sales restriction, as well as the
other provisions of the rule, would apply to ODS and substitute
refrigerants.
EPA restricted the sale of ODS refrigerant to certified technicians
as a means of ensuring that only qualified individuals--those who have
sufficient knowledge of the safe handling regulations--actually handle
refrigerant. EPA considers the restriction on the sale of ODS
refrigerant to be important for ensuring compliance with and aiding
enforcement of the regulations issued under section 608 and section 609
of the CAA. This requirement also fits in well with EPA's Next
Generation Compliance strategy since compliance with this requirement
is largely carried out by distributors who sell refrigerant to
technicians. Limiting the sale of substitute refrigerants to
technicians who have demonstrated knowledge of safe handling practices
is important to minimizing the release of refrigerants during the
maintenance, servicing and repair of appliances containing substitute
refrigerants. A sales restriction for substitute refrigerants is also
vital to extending the technician certification requirements to
individuals working with substitute refrigerants. EPA more fully
discusses later in the preamble how section 608(c) of the CAA provides
authority for extending the technician certification program. As an
element of that program, the same legal authority applies to the sales
restriction.
EPA is not proposing to rely on section 608(b)(2) of the CAA which
explicitly requires servicing apertures or other similar design
features for appliances containing an ODS refrigerant. Instead, in
order to comply with the section 608(c) prohibition against the
venting, release, or disposal of substitute refrigerants into the
environment, similar design features must also be present on appliances
containing such substitutes. These access points allow for the proper
evacuation or recovery of substitute refrigerant, preventing releases
to the atmosphere. Without these access points, it would be harder for
persons servicing or disposing of such appliances to properly evacuate
the refrigerant in accordance with Sec. 82.156(b). Additionally, since
refrigerant in an appliance will eventually leak out in the disposal
process, such as when an appliance is crushed or shredded, failing to
remove refrigerant prior to disposal could lead to a knowing release of
refrigerant. These equipment requirements would prevent subsequent
knowing releases of refrigerant.
One-time expansion devices, by design, release their refrigerant
charge to the environment in order to provide a cooling effect.
Examples include self-chilled beverage containers that must be disposed
of or recycled after each use, as well as reusable containers. The
existing regulations limit the manufacture or import of one-time
expansion devices to only those that contain exempted refrigerants.
However, the definition of one-time expansion device refers to them as
appliances containing a refrigerant, both of which under the existing
regulations refer only to ODS refrigerants. This rule would clarify
that ambiguity and clearly limit one-time expansion devices to those
using exempt refrigerants.
In addition to fully implementing 608(c) by clarifying how
regulated entities may avail themselves of the de minimis exemption to
the venting prohibition, these proposed changes would apply the same
requirements for sales of ODS and substitute refrigerants (except those
that are exempt from the 608(c) prohibition on venting), as well as for
appliances containing ODS and substitute refrigerants. This should
reduce potential confusion for the person maintaining, servicing,
repairing and disposing of appliances, resulting in fewer releases of
ODS and substitute refrigerants. For this reason, identical treatment
will help to reduce ODS emissions to the lowest achievable level and
lead to more recovery and recycling or reclamation of ODS.
EPA also has authority under section 301(a) of the CAA to
``prescribe such regulations as are necessary to carry out [its]
functions under this Act.'' As described above, section 301(a) provides
additional authority for EPA to establish a sales restriction as a way
to further implement the 608(a) and 608(c)(2) statutory requirements.
EPA solicits comments on its authority for the proposed changes to
these regulations.
3. Sales of Small Cans
EPA is generally proposing to extend the sales restriction to
substitute refrigerants but is also proposing a limited exception for
small cans of MVAC refrigerant (two pounds or less). Historically,
individuals have been able to purchase small cans of non-ODS
refrigerant to service their own vehicles. This do-it-yourself (DIY)
servicing is unique among the air-conditioning and refrigeration sector
to the MVAC end-use. If the sales restriction were simply extended to
substitute refrigerants without change, the sale of both small
containers of refrigerant, which are used exclusively for DIY servicing
of MVAC systems, and large (e.g. 25- or 30-pound) cylinders of
refrigerant used by technicians to service MVAC and other appliances
would be limited to certified technicians. As discussed below, this
could be unnecessarily burdensome. A

[[Page 69480]]

less burdensome option that EPA is proposing is to exempt small cans of
MVAC refrigerant from the sales restriction and require that
manufacturers install self-sealing valves that minimize the release of
refrigerant during servicing.
In the United States, HFC-134a has been used in all newly
manufactured vehicles with air-conditioning systems since 1994 and
almost all small cans of refrigerant sold for MVAC DIY use contain HFC-
134a.\8\ Recently, the SNAP program listed HFO-1234yf, HFC-152a, and
carbon dioxide (CO2 or R-744), three climate-friendly
alternatives for MVAC, as acceptable subject to use conditions for use
in new light-duty vehicles. Manufacturers are currently producing or
are actively developing light-duty models using these three
refrigerants. The proposed exception for small cans would apply to HFC-
134a, HFO-1234yf, HFC-152a, as well as any additional MVAC refrigerants
listed as acceptable subject to use conditions under SNAP that are not
exempt from the venting prohibition. Because CO2 is exempt
from the venting prohibition, it will not be subject to sales
restrictions or, in turn, this exception. Currently, EPA has not
received a submission of a unique fitting for use on a small can of
HFO-1234yf; therefore, currently this refrigerant cannot be sold in
small cans to individuals at this time.
---------------------------------------------------------------------------

\8\ ODS refrigerant for MVAC servicing that is sold in cylinders
less than 20 pounds is currently restricted to technicians certified
under section 609 of the CAA.
---------------------------------------------------------------------------

Most small cans are purchased by individuals servicing their own
personal vehicles. Based on the NPD Automotive Aftermarket Industry
Monitor, 2008, approximately 14 million small cans are sold each year.
If EPA were to extend the sales restriction to small cans, individuals
who normally service their own MVAC would be required to either seek
certification under section 609 or take their car to a technician to be
serviced. EPA estimates that the cost associated with those two actions
could be as much as $1.5 billion per year. For more details, see
Analysis of the Economic Impact and Benefits of Proposed Revisions to
the National Recycling and Emission Reduction Program in the docket.
In lieu of a costly sales restriction on small cans used for MVAC
servicing, EPA sought input on alternate mechanisms for reducing
refrigerant releases from those cans. EPA reached out to the Auto Care
Association and the Automotive Refrigeration Products Institute, two
associations that represent the vast majority of manufacturers of small
cans in the United States. The organizations referred EPA to
California's program, and in particular suggested that EPA consider
CARB's requirement that manufacturers install self-sealing valves on
small cans. The organizations indicated that a nationwide requirement
for self-sealing valves would be preferred to a sales restriction and
would be a less costly way to reduce emissions. EPA then consulted with
CARB to see if they had suggestions on ways to reduce refrigerant
releases from small cans and to learn more about their experience with
self-sealing valves. Based on California's experience, self-sealing
valves are an effective way to reduce emissions of HFCs used to service
MVACs without limiting sales to certified technicians. These valves
reduce the release of refrigerant during servicing and may also reduce
releases from the can after the servicing is complete.
According to industry representatives and CARB, self-sealing valves
are estimated to cost $0.25 per can. Manufacturers are already
producing small cans with self-sealing valves to meet California's
requirements. EPA heard from the manufacturers of those cans that they
would not find it to be unduly burdensome to extend that restriction to
all cans produced for sale in the United States, especially as compared
to an extension of the sales restriction that would prohibit the sale
of small cans completely. Because they are incorporated into the
product, consistent with EPA's Next Generation compliance principles,
the individual servicing her or his personal MVAC would reduce
emissions without any additional effort or training, as compared to
using small cans of refrigerant on the market today that do not employ
the self-sealing valve. Self-sealing valves would thus be an effective
mechanism for controlling the release of refrigerant to the atmosphere.
EPA is proposing to create in appendix E a standard for self-
sealing valves that is based largely on CARB's Test Procedure for Leaks
from Small Containers of Automotive Refrigerant, TP-503, as amended
January 5, 2010. To be consistent with the CARB standard and existing
small cans that are already on the market, the leakage rate may not
exceed 3.00 grams per year when the self-sealing valve is closed. This
leakage rate applies to full containers as well as containers that have
been used and are partially full.
As described in Analysis of the Economic Impact and Benefits of
Proposed Revisions to the National Recycling and Emission Reduction
Program, EPA estimates that a nationwide requirement to use self-
sealing valves on all small cans will reduce emissions by more than
657,000 MTCO2eq. per year. EPA also anticipates there could
be additional emissions reductions to the extent the self-sealing
valves allow individuals to store and re-use the same can of
refrigerant, reducing the need to buy additional small cans. Currently,
a small can is typically used in one vehicle and then discarded with
some refrigerant still remaining in the can. EPA estimates that the
cost for this requirement would be approximately $3 million. EPA
anticipates that the cost for self-sealing valves will decrease over
time as manufacturers increase production and achieve greater economies
of scale.
EPA's authority for this requirement is primarily in sections
608(c) and 301(a) of the CAA. EPA has the authority to require that
anyone purchasing small cans of refrigerant be a certified technician,
one element of the subpart F provisions needed to ensure that releases
during the servicing of appliances are considered de minimis and thus
exempt from the venting prohibition. However, EPA is proposing to
require self-sealing valves as a lower cost option for minimizing the
release of refrigerant during the servicing of MVACs. The requirement
for self-sealing valves helps implement the venting prohibition under
section 608(c) because it helps ensure that refrigerant is not released
while servicing MVACs. The Agency is proposing to revise the
regulations to clarify that any person servicing their personal MVAC
with a small can that has a self-sealing valve installed may rely upon
the de minimis exemption to the venting prohibition. As described
previously, section 301(a) of the CAA provides supplemental authority
for the Agency to ``prescribe such regulations as are necessary to
carry out [its] functions under this Act.'' In this case, section
301(a) provides additional authority for EPA to require self-sealing
valves on all small cans of substitute refrigerant sold after a date in
the future to implement the 608(c)(2) venting prohibition.
Small cans of refrigerant sold for MVAC servicing are different
from containers of refrigerant sold for stationary refrigeration and
air-conditioning in that the small cans for MVAC are required to have
unique fittings. The SNAP program requires as a use condition for MVAC
refrigerants that the container and the MVAC system use unique fittings
to prevent cross-contamination. If used properly, the unique fittings
will not allow for the introduction of HFC-134a refrigerant

[[Page 69481]]

into a system using HFO-1234yf or another substitute refrigerant. Using
an adapter or deliberately modifying a fitting to use a different
refrigerant is a violation of the SNAP use conditions. EPA also
believes that the unique fittings could reduce the likelihood that a
small can will be used to service appliances other than MVACs that use
substitute refrigerants, in contravention of the proposed sales
restriction.
Refrigerant sold for MVAC servicing is also different because of
the types of equipment that could be serviced with a small can. First,
the appliances that typically use HFC-134a (the most-common refrigerant
that would be sold in small can for MVAC recharging) in a home would
include appliances, like a refrigerator, that are hermetically sealed.
Someone who wanted to open that appliance would need greater skill and
specialized equipment to service the appliance since there wouldn't be
a servicing port to access. This should dissuade homeowners from using
a small can to service other small appliances. Larger appliances that
use HFC-134a, like a reach-in cooler, would need more than one small
can to fully charge the appliance. Because of the cost of and the added
effort to use multiple small cans to charge a larger appliance, it's
not practical for someone to use a small can. This would likely lead
the person to purchase a larger container of refrigerant, which would
require that the person be a certified technician.
EPA requests comments on its proposal to exempt small cans of
refrigerant for MVACs with self-sealing valves from the sales
restriction, including the following: (1) Whether EPA should finalize
the above-described exception for small cans if a self-sealing valve is
affixed; (2) whether the agency should finalize a rule that creates an
exemption for HFC-134a only or all MVAC refrigerants not exempt from
the venting prohibition; (3) whether the agency should create an
alternate self-sealing valve standard or use the CARB standard; (4)
whether other standards exist or if other organizations are developing
their own standards; (5) whether EPA should require labeling of small
cans stating the refrigerant cannot be intentionally vented \9\; (6)
whether allowing the sale of small cans would allow individuals to
circumvent the proposed sales restriction for stationary appliances;
and (7) whether EPA should finalize an earlier compliance date than one
year after publishing a final rule, such as six or nine months after
publication of a final rule, if it is coupled with a sell-through
provision for all small cans manufactured or imported prior to that
effective date. A fuller discussion of effective and compliance dates
can be found in section IV.M of this proposal.
---------------------------------------------------------------------------

\9\ See the CARB document titled, ``Certification Procedures for
Small Containers of Automotive Refrigerant'' for additional
information on labeling.
---------------------------------------------------------------------------

D. Proposed Changes to the Evacuation Requirements in Section 82.156

1. Background
Under EPA's existing regulation at Sec. 82.156(a), ODS refrigerant
must be transferred to a system receiver or to a certified recovery
and/or recycling machine before appliances are opened for maintenance,
service, or repair. The same requirement applies to appliances that are
to be disposed of, except for small appliances, MVACs, and MVAC-like
appliances which have separate requirements currently under Sec.
82.156(g) and (h). To ensure that the maximum amount of refrigerant is
captured rather than released, EPA requires that air-conditioning and
refrigeration appliances be evacuated to specified levels of vacuum.
2. Extension to Substitute Refrigerants
EPA is proposing to extend the requirements at Sec. 82.156 for
appliances containing ODS refrigerants to appliances containing non-
exempt substitute refrigerants. Therefore, before appliances containing
non-exempt substitute refrigerants are opened for maintenance, service,
or repair, the refrigerant in either the entire appliance or the part
to be serviced (when it can be isolated) must be transferred to a
system receiver or to a certified recovery and/or recycling machine.
The same requirements would apply to equipment that is to be disposed
of, except for small appliances, MVACs, and MVAC-like appliances, which
have separate requirements.
i. Evacuation Levels for Appliances Other Than Small Appliances, MVACs,
and MVAC-Like Appliances
EPA is proposing revisions to Sec. 82.156(a) such that appliances
other than small appliances, MVACs, and MVAC-like appliances containing
non-exempt substitute refrigerants be evacuated to the levels
established for CFCs and HCFCs with similar saturation pressures. These
levels are based on the saturation pressures of the refrigerant, which
is a characteristic of the refrigerant independent of whether or not it
is an ozone-depleting substance. As is the case for CFCs and HCFCs, the
appropriate evacuation levels for HFCs and other substitutes would
depend upon the size of the appliance and the date of manufacture of
the recovery and/or recycling equipment. Technicians repairing MVACs
and MVAC-like appliances containing a substitute refrigerant would not
be subject to the evacuation requirements below as they are currently
subject to the requirement to ``properly use'' (as defined at Sec.
82.32(e)) recovery/recycling and recovery-only equipment approved
pursuant to Sec. 82.36(a).
ii. Evacuation Levels for Small Appliances.
EPA is proposing revisions to Sec. 82.156(b) to establish the same
evacuation requirements for servicing small appliances charged with
non-exempt substitute refrigerants as it has for small appliances
charged with ODS refrigerants. Technicians opening small appliances for
service, maintenance, or repair would be required to use equipment
certified either under appendix B, based on AHRI 740, or under appendix
C, Method for Testing Recovery Devices for Use with Small Appliances,
to recover the refrigerant.
Technicians using equipment certified under appendix B would have
to pull a four-inch vacuum on the small appliance being evacuated.
Technicians using equipment certified under appendix C would have to
capture 90 percent of the refrigerant in the appliance if the
compressor is operational, and 80 percent of the refrigerant if the
compressor is not operational. Because the percentage of refrigerant
mass recovered is very difficult to measure on any given job,
technicians would have to adhere to the servicing procedure certified
for that recovery system under appendix C to ensure that they achieve
the required recovery efficiencies.
EPA also is proposing revisions to Sec. 82.156(b) to establish the
same evacuation requirements for disposing of small appliances that are
charged with non-exempt substitute refrigerants as it has for small
appliances charged with ODS refrigerants. Providing a consistent
standard for ODS and non-exempt substitute refrigerants will facilitate
the recovery of both ODS and non-ODS refrigerants. MVACs and MVAC-like
appliances would have to be evacuated to 102 mm (approximately
equivalent to four inches) of mercury vacuum, and small appliances
would have to have 80 or 90 percent of the refrigerant in them
recovered (depending on whether or not the compressor was operational)
or be evacuated to four inches of mercury vacuum. EPA notes that the
original wording in the regulation was whether

[[Page 69482]]

or not the compressor was ``operating'' rather than ``operational.''
This change to ``operational'' matches the preamble to the 1993 Rule
(58 FR 28668) which initially describes the standard. This change also
reflects the intent of the standard, which is to allow for a lower
recovery rate when the small appliance does not work.
EPA is also proposing to make the evacuation requirements for small
appliances the same whether it is being opened for servicing or it is
being disposed of. This new provision would apply to both ODS and
substitute refrigerants. Currently, when using recovery equipment
manufactured before November 15, 1993, a technician servicing a small
appliance containing an ODS need only recover 80% of the refrigerant.
The existing disposal requirements do not provide a category for the
use of pre-1993 recovery equipment. EPA is proposing to allow that 80%
level of evacuation for disposal to simplify and unify the
requirements. This change will have minimal effect as few people
continue to use recovery equipment manufactured prior to that date.
EPA has authority under section 608(c) and 608(a) to require that
appliances containing a substitute refrigerant be properly evacuated.
The Agency has the authority to specify what practices constitute a
good faith attempt to recapture substitute refrigerants in order to
extend the de minimis exemption from the venting prohibition to
substitute refrigerants. Such practices can include a requirement that
an appliance be properly evacuated prior to servicing or disposal.
Additionally, providing a consistent standard for ODS and substitute
refrigerants will facilitate the recovery of both ODS and non-ODS
refrigerants. Increased recovery of ODS refrigerant will reduce the
emission of such refrigerants. The full discussion of the authority for
this action is found in section III of this notice.
3. Records for Disposal of Appliances With a Charge Between Five and 50
Pounds
EPA is proposing to add new recordkeeping requirements at Sec.
82.156(a)(3) for the disposal of appliances normally containing more
than five and less than 50 pounds of either ODS or substitute
refrigerant. Most of these appliances are disassembled in the field
before the components are recycled or disposed of. Under the proposed
revisions, records would document the company name, location of the
equipment, date of recovery, and the amount and type of refrigerant
removed from each appliance prior to disposal. In addition, EPA is
proposing to require that records be kept to document the quantity and
type of refrigerant that was shipped or sold for reclamation or
destruction (e.g., to a certified reclaimer or refrigerant distributor
or wholesaler). This requirement would apply to all technicians
recovering refrigerant from appliances, not just those with a full
charge between five and 50 pounds. The technician, or the company
employing the technician, would be required to maintain these records
for three years.
Under the current regulations, whenever ODS refrigerant is added or
removed from an appliance with 50 pounds or greater of full charge, the
technician must generate a service record documenting the addition or
recovery. EPA also requires records documenting that ODS refrigerant
was properly recovered from small appliances (hermetically sealed
appliances with 5 pounds or less of full charge), MVACs, and MVAC-like
appliances. EPA discusses elsewhere in this notice its proposal to
extend those requirements to appliances containing non-exempt
substitute refrigerants. There are currently no recordkeeping
requirements for the addition or recovery of refrigerant in appliances
normally containing more than five and less than 50 pounds of
refrigerant. Because of this gap in regulatory coverage and for the
reasons described below, EPA is proposing to require recordkeeping by
any person recovering refrigerant from an appliance normally containing
more than five and less than 50 pounds of ODS or non-exempt substitute
refrigerant.
EPA has heard from stakeholders that venting regularly happens in
appliances of this size. At a recent meeting EPA attended with air-
conditioning and refrigeration contractors, the attendees were asked
what percentage of technicians recover refrigerant. The estimates were
generally between 10 to 30 percent, with the caveat that recovery is
much more common in the refrigeration industry than the air-
conditioning industry. EPA also receives numerous tips each year of
someone cutting refrigerant lines to quickly and illegally dispose of
appliances of this size. While none of this feedback is conclusive, it
is likely that venting occurs in violation of the CAA with some
frequency.
The potential emissions from appliances containing more than five
and less than 50 pounds are significant. Using EPA's Vintaging
Model,\10\ EPA estimated the number of appliances in this size category
that are disposed of annually and the full charge of those appliances.
EPA estimates there are 6.6 million appliances with a full charge of
27,300 MT of refrigerant (49.5 MMTCO2eq GWP-weighted MT, 960
ODP-weighted MT) disposed of annually. This represents 45 percent of
the total amount of HCFC and HFC refrigerants charged into all
appliances being disposed annually. Thus, under the current
regulations, there is a significant amount of refrigerant, especially
from a climate perspective, that could be vented without any record
being generated to document recovery or facilitate enforcement. EPA's
benefits assessment does not calculate any additional emissions
reductions from this proposal because the existing regulations already
require recovery when appliances are disposed. However, in practical
terms, requiring a record from each disposal event should drive more
technicians to comply with the existing requirement. This change also
improves rule effectiveness by creating uniform expectations so the
technician knows that a record is required when disposing of any
appliance, not just appliances with 50 or more pounds of refrigerant or
small appliances, MVAC, and MVAC-like appliances.
---------------------------------------------------------------------------

\10\ EPA's Vintaging Model estimates the annual chemical
emissions from industry sectors that have historically used ODS,
including air-conditioning and refrigeration. The model uses
information on the market size and growth for each of the end-uses,
as well as a history and projections of the market transition from
ODS to alternatives. The model tracks emissions of annual
``vintages'' of new equipment that enter into operation by
incorporating information on estimates of the quantity of equipment
or products sold, serviced, and retired or converted each year, and
the quantity of the compound required to manufacture, charge, and/or
maintain the equipment.
---------------------------------------------------------------------------

EPA has also heard from stakeholders, including in public fora such
as the public meeting in November 2014, that EPA should increase
enforcement of the venting prohibition. They indicated that technicians
will knowingly and illegally vent refrigerant if they think EPA will
not bring an enforcement action. While cases have been brought against
individuals who have illegally vented refrigerant, having a recovery
record would improve the success of future cases. After discussions
with stakeholders, establishing a recordkeeping requirement for the
category of appliances that are most frequently vented by technicians
would be the most practical and least burdensome way to improve the
Agency's ability to enforce the venting

[[Page 69483]]

prohibition. Technicians who do not recover refrigerant and do not have
records to show that they recover refrigerant would be open to
enforcement action under the proposed changes.
EPA understands that some, but nowhere near all, appliances are
disposed of because they have broken down and lost their full
refrigerant charge. In such cases, to comply with the requirement
technicians would only need to note that they attempted to recover
refrigerant but none was present.
EPA has authority to establish this requirement under sections
608(a), 608(c), 114, and 301(a) consistent with the description of
these authorities offered above. Section 608(a) gives EPA explicit
authority to implement requirements that reduce ODS refrigerant
emissions to the lowest achievable level. This proposed recordkeeping
requirement would further the recovery of ODS refrigerants and
discourage the illegal venting of such refrigerants from appliances
containing more than five and less than 50 pounds of refrigerant.
Because it would minimize the emission of ODS refrigerant, EPA has
authority for this proposal as it relates to ODS appliances under
608(a).
EPA also has authority under sections 114, 608(c), and 608(a) to
require that technicians document that appliances containing a
substitute refrigerant have been properly evacuated. Section 114 of the
CAA provides the primary authority to establish these recordkeeping and
reporting requirements. In addition, the Agency has the authority to
specify what practices constitute a good faith attempt to recapture
substitute refrigerants in order to extend the de minimis exemption
from the venting prohibition to substitute refrigerants. Such practices
can include documentation and recordkeeping. Additionally, providing a
consistent standard for ODS and substitute refrigerants will facilitate
the recovery of both ODS and non-ODS refrigerants. Increased recovery
of ODS refrigerant will reduce the emission of such refrigerants. The
full discussion of the authority for this action is found in section
III of this notice.
EPA seeks comments on this proposed recordkeeping requirement.
Specifically, EPA seeks comments on whether keeping track of
refrigerant recovered from appliances and sent off-site for
reclamation, refrigerant banking, or destruction is a common practice
for these appliances. EPA also seeks comments on whether this
requirement would close the recordkeeping gap or if EPA should remove
the lower limit of below 5 pounds. EPA expects that some appliances
(e.g. some mini split AC and small remote condensing refrigeration
systems) may not be covered by this recordkeeping requirement because
they have charges less than 5 pounds. Therefore, EPA also specifically
invites comments on whether this requirement should apply to all
appliances that are disassembled in the field, regardless of the charge
size. Likewise, EPA requests comments on whether the proposed records
for five to 50 pound systems should be kept for appliances containing
more than 50 pounds given the proposed recordkeeping requirements for
appliances with 50 or more pounds (see discussion in section IV.F).
4. Clarifications and Edits for Readability
EPA is proposing to move the provisions of Sec. 82.156 ``Required
Practices'' into three separate sections: Sec. 82.155 would address
the safe disposal of small appliances, MVACs, and MVAC-like appliances;
Sec. 82.157 would address appliance maintenance and leak repair for
appliances containing 50 or more pounds of refrigerant; and Sec.
82.156 would address the proper evacuation of refrigerant from
appliances. These provisions tend to affect different stakeholders so
dividing them into separate sections will make the required provisions
easier to find.
Within Sec. 82.156, EPA is proposing to separate the evacuation
requirements into the following categories: (a) Appliances other than
small appliances, MVACs, and MVAC-like appliances; (b) small
appliances, and (c) MVACs and MVAC-like appliances. With the exception
of the evacuation of small appliances for disposal using recovery
equipment manufactured before November 15, 1993, this proposed
reorganization would not change the current evacuation requirements for
the different types of appliances under Sec. 82.156.
Within Sec. 82.156(a) and (b), EPA is proposing to reorganize the
requirements to state the general requirement first followed by
specific circumstances that allow for different evacuation levels. EPA
is not proposing to change the required levels of evacuation in table
1. Nor is EPA proposing to change the circumstances that would allow
for alternate evacuation levels or to change those alternate levels.

E. Proposed Changes to the Safe Disposal Provisions in Section
82.156(f)

1. Background
In the 1993 Rule, EPA established specific requirements for the
safe disposal of small appliances, MVACs, and MVAC-like appliances
containing ODS refrigerant that enter the waste stream with the
refrigerant charge intact. Under the existing rules at Sec. 82.156(f),
persons who take the final step in the disposal process of such
appliances must either recover any remaining refrigerant in the
appliance or verify that the refrigerant has previously been recovered
from the appliance or shipment of appliances. If they verify that the
refrigerant has been recovered previously, they must retain a signed
statement attesting to this or a contract from the supplier of the
appliances for three years. Recovery equipment used to remove the
refrigerant must meet certain standards but does not need to be
certified by a third party. Persons recovering the refrigerant need not
be certified technicians.
2. Clarifications to the Existing Program
EPA is using this opportunity to clarify certain requirements of
the existing safe disposal program. The safe disposal regulations
require actions of three separate groups of people: the final
processor, the supplier of appliances for disposal, and the person who
recovers the refrigerant. The final processor is the person who takes
the final step in the disposal process, typically a scrap recycler or
landfill operator, where the appliance is in such a condition that the
refrigerant cannot reasonably be expected to be recovered. The supplier
is the person dropping off the appliance (or shipment of appliances)
for disposal. The person who recovers the refrigerant may be the final
processor, the supplier, or a separate third entity. As discussed
below, to make the safe disposal requirements easier to find in the
regulations, EPA is proposing to move these requirements to a new
section Sec. 82.155.
EPA is clarifying here that under the existing requirements
refrigerant may be recovered at any stage in the disposal process, even
prior to the supplier taking possession. As EPA stated in the 1993 Rule
establishing the safe disposal program, ``the supplier to the final
processor does not have to remove the refrigerant but then must assure,
through an accompanying certification, that refrigerant has been
removed earlier in the disposal chain. Any copies of the certificate of
removal provided to the supplier could be passed on to the final

[[Page 69484]]

processor.'' (58 FR 28704-28705). EPA's intent has been to provide the
flexibility needed to permit the recovery of refrigerant by the entity
in the disposal chain that can accomplish that task most efficiently
while at the same time establishing a mechanism to help ensure that the
refrigerant has not simply been illegally vented. This signed
certification serves both goals.
EPA also wishes to address potential confusion related to whether
the rules apply to equipment that is crushed or has had components
removed. As EPA stated in the 1993 Rule, ``the Agency understands that
crushed automobiles commonly arrive at scrap facilities and that such
automobiles no longer contain refrigerant. Consequently, it may be
safely presumed that refrigerant is no longer present in equipment that
is received in such condition. This clarification does not alter the
responsibility to obtain certification when receiving equipment from
suppliers.'' (58 FR 28704). A scrap facility is still the final
disposer in this situation. Therefore, a scrap facility would have to
receive the proper certification from their supplier of the disposed
appliances in order to accept the appliances.
3. Extension to Substitute Refrigerants
EPA is proposing to extend the safe disposal provisions that
currently exist at Sec. 82.156(f) for small appliances, MVACs, and
MVAC-like appliances containing ODS refrigerants to the same types of
appliances that contain non-exempt substitute refrigerants. Consistent
with the general discussion in Section III above concerning the
authority to extend provisions of subpart F to substitute refrigerants,
extending these requirements is important to implementing the 608(c)(2)
venting prohibition for substitute refrigerants because it would define
practices that would qualify as ``good faith attempts to recapture and
recycle or safely dispose'' of the substitute refrigerant when
disposing of small appliances, MVACs, and MVAC-like appliances and thus
qualify for the de minimis exemption to the venting prohibition.
The rationale for establishing the safe disposal requirements for
small appliances, MVACs, and MVAC-like appliances that contain ODS also
applies to these appliances when they contain substitute refrigerants.
These requirements are designed to ensure that refrigerant is recovered
before the appliance is finally disposed of while granting as much
flexibility as possible to the disposal facility regarding the manner
of its recovery (58 FR 28702). Specifying how the substitute
refrigerant be recovered will reduce the release of that refrigerant to
the environment.
Such flexibility is important for the disposal sector, which is
highly diverse and decentralized. Because the disposal infrastructure
for appliances charged with substitute refrigerants is identical to
that for appliances charged with an ODS, these considerations apply
equally to appliances containing substitutes. In addition, applying a
consistent set of disposal requirements to appliances containing ODS or
substitute refrigerants will reduce confusion and minimize emissions of
ODS and non-ODS refrigerant during the disposal process. Service
technicians will not have to question whether the refrigerant in that
appliance must be recovered or not. With the exception of specially
labelled appliances using hydrocarbon refrigerants, the technician must
recover refrigerant from all small appliances. Thus, the requirements
for the safe disposal of appliances charged with substitute
refrigerants should be the same as those for the safe disposal of
appliances charged with CFCs and HCFCs.
Safe disposal of refrigerant from small appliances, MVAC, and MVAC-
like appliances continues to be important for the environment and
public health. According to EPA's Vintaging Model, the amount of
refrigerant projected to be contained within MVAC and small appliances
in 2015 will be more than 260 MMTCO2eq and 175
MMTCO2eq, respectively. This constitutes 12.5 and 8.4
percent, respectively, of the total GWP-weighted amount of refrigerant
contained within all appliances in the United States. On an ODP basis,
EPA anticipates more than 1,400 ODP-weighted metric tons of refrigerant
will be contained within small appliances in 2015, representing 5.0
percent of the refrigerant contained within all appliances in the
United States. While these amounts decrease over time as zero-ODP and
low-GWP substitute refrigerants are used in these appliances, the need
for robust safe disposal requirements remains.
EPA requests comments on these proposed revisions.
4. Restructuring and Edits for Readability
First, EPA is proposing to create a single section, Sec. 82.155,
for all safe disposal provisions, including the recordkeeping and
reporting requirements. Second, EPA is proposing to clarify what should
be in the contract stating that refrigerant will be removed prior to
delivery. EPA is proposing to replace the word ``remove'' which appears
repeatedly in these provisions. What EPA means by ``remove'' in this
context is that the refrigerant is recovered to the required evacuation
levels using the appropriate equipment. EPA is also stating explicitly
that which is implied in the current regulations. Specifically, as a
result of the contract, the supplier of the appliances is responsible
for recovering any remaining refrigerant or verifying that the
refrigerant has already been evacuated.
EPA is also clarifying the format that the records required under
this section may take. In general, where the regulations in subpart F
require an individual to maintain records, the Agency intends for them
to do so either in an electronic or paper format, preferably in an
electronic system. Based on pre-proposal input from stakeholders, EPA
is clarifying this point explicitly in the proposed revisions to the
recordkeeping provision at Sec. 82.155(c). EPA requests comments on
these proposed changes and clarifications to the safe disposal
requirements.

F. Proposed Changes to Leak Repair Requirements in Section 82.156(i)

1. Background
An important component of EPA's program to properly manage ODS
refrigerants is the requirement to repair leaking appliances within 30
days if a certain leak rate is exceeded. Owners and operators of
appliances normally containing 50 or more pounds of ODS refrigerant
must repair their appliances if they leak above a certain rate. The
current leak rate is 35 percent for commercial refrigeration appliances
and IPR and 15 percent for comfort cooling and other appliances. If the
attempt to repair fails to bring the appliance's leak rate below the
applicable leak rate within that time frame, the owner or operator must
develop a retrofit or retirement plan and implement it within one year
of the plan's date. Owners or operators also have the option of
developing a retrofit or retirement plan within thirty days of
identifying that the leak rate has been exceeded. Owners or operators
of IPR or Federally-owned appliances may have more than 30 days to
complete repairs and more than one year to retrofit appliances where
certain conditions apply (e.g., equipment located in areas subject to
radiological contamination, unavailability of necessary parts, and
adherence to local or state laws that may hinder immediate repairs).
The full suite of the existing requirements are found at Sec.
82.156(i).

[[Page 69485]]

While the existing requirements are generally well-known by the
industry, the program can be improved and EPA is therefore proposing
amendments to do so in this notice. First, EPA is proposing to
strengthen the requirements by lowering applicable leak rates,
requiring periodic leak inspections, and setting a two-year leak limit,
among other changes. Second, EPA is proposing to apply the leak repair
requirements (as they would be amended) to non-exempt substitute
refrigerants. Finally, EPA is proposing to modify the language,
structure, and location of the requirements to make them more
effective, easier to understand, and easier to find. This entails
moving the requirements from Sec. 82.156(i) to their own section at
Sec. 82.157.
EPA recognizes that refrigeration and air-conditioning equipment do
leak. This is particularly true for larger appliances. However, these
leaks can be reduced significantly. Experience with the GreenChill
program, an EPA partnership designed to encourage supermarkets to
reduce emissions of refrigerants and transition to low-GWP and low-
charge refrigeration appliances, feedback from stakeholders in pre-
notice meetings, and reports from California facilities regulated under
the state's Refrigerant Management Program, among other factors
discussed in this notice, support this conclusion. Through this
proposal, EPA's aim is to reduce refrigerant releases by breaking the
cycle of continuous repair and recharge of appliances and by requiring
proactive monitoring to identify leaks early so that they can be
addressed promptly to avoid ongoing releases.
EPA has previously proposed changes to strengthen the leak repair
requirements that have never been finalized. In 1998, EPA proposed
extending the leak repair requirements to substitute refrigerants and
lowering the leak rates. Most recently, in the proposed 2010 Leak
Repair Rule (75 FR 78558, December 15, 2010), EPA proposed changes to
the purpose and scope, definitions, required practices, and reporting
and recordkeeping sections for the leak repair program. EPA's intent in
the 2010 proposal was to create a streamlined set of leak repair
requirements that would apply to all types of appliances with large
ozone-depleting refrigerant charges. EPA proposed the following notable
amendments in that rule:
Clarify that leak rate calculations are required upon
addition of refrigerant;
Lower applicable leak rates for currently regulated
appliances;
Require initial and follow-up verification tests for all
repair attempts once the applicable leak rate is exceeded for comfort
cooling and commercial appliances, and not just IPR (as is currently
required), and written documentation of the results of those tests;
Require a 24-hour waiting period after repairs before a
follow-up verification can be conducted;
Require the retrofit or retirement of the entire appliance
if it experiences three component replacements or three failed
verification tests during a consecutive six-month period (referred to
as ``the worst leaker provision'');
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 IPR
(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; and
Decrease the amount of time allowed for the completion of
retrofit/retirement plans.
While the Agency never finalized the proposed 2010 Leak Repair
Rule, EPA has factored feedback on that proposal, as well as the 1998
Proposed Substitutes Recycling Rule, into today's proposed rule. Based
on comments generated by those proposed rules, EPA is not re-proposing
the requirements to conduct follow-up verification tests at least 24
hours after a required repair or establishing the ``worst leaker
provision.'' However, many of the proposed changes still can improve
the leak repair program and decrease the release of refrigerants during
the maintenance, service, repair, or disposal of appliances normally
containing 50 or more pounds of refrigerant. Below EPA discusses the
specific changes proposed in this action, some of which are novel to
this rulemaking and some of which are adapted from the proposed 2010
Leak Repair Rule.
2. Extension to Substitute Refrigerants
EPA is proposing to extend the leak repair provisions currently in
Sec. 82.156(i) to appliances containing non-exempt substitute
refrigerants. In addition, EPA is proposing that the other provisions
related to leak repair and maintenance discussed in this section (e.g.
leak inspections and leak limits) apply to appliances containing non-
exempt substitute refrigerants as well. The mechanism by which EPA is
extending the leak repair requirements to appliances containing
substitute refrigerants is through the amended definition of the terms
refrigerant and appliance, as described above. However, as discussed
below in Section IV.M, while EPA is proposing that the amended
definitions become effective on January 1, 2017, EPA is proposing a
delayed compliance date (18 months from publication of the final rule)
for the revisions to the leak repair requirements. Consistent with
discussions elsewhere in this preamble, EPA is not proposing to extend
these requirements to appliances using substances that have been
exempted from the venting prohibition in specific end-uses, such as
ammonia, that are listed in the regulations at Sec. 82.154(a)(1).
Extending the leak repair requirements to non-exempt substitute
refrigerants as proposed in this notice would lead to environmental
benefits because these substances pose a threat to the environment when
released and they may not be adequately controlled by other mechanisms.
In the 2004 Rule, EPA determined that the release of HFCs and PFCs
during the maintenance, servicing, repair, or disposal of appliances
poses a threat to the environment. In making that determination, EPA
examined the potential effects of the refrigerant from the moment of
release to its breakdown in the environment, considering possible
impacts on workers, building occupants, and the environment. Once
released into the atmosphere, HFCs and PFCs have the ability to trap
heat that would otherwise be radiated from the Earth back to space.
This ability gives both HFCs and PFCs relatively high GWPs. The 100-
year GWPs of HFCs under consideration as refrigerants range from 124
(for HFC-152a) to 14,800 (for HFC-23), and the GWPs of PFCs under
consideration as refrigerants range from 7,390 (for PFC-14) and higher.
HFC-134a, the most common individual HFC used in air-conditioning and
refrigeration equipment, has a GWP of 1,430. See section II.C.2 of this
preamble for further discussion related to the environmental impacts of
greenhouse gases.
In determining whether to exempt HFC and PFC refrigerants from the
venting prohibition in 2004, EPA concluded that these refrigerants have
adverse environmental effects. For that reason, and because of a lack
of regulation governing the release of such refrigerants, EPA did not
exempt the release of HFC or PFC refrigerants from the statutory
venting prohibition. Thus, the knowing venting or otherwise

[[Page 69486]]

releasing into the environment of HFC and PFC refrigerants during the
maintenance, service, repair, or disposal of appliances generally
remains illegal.
EPA generally assumes compliance with the regulatory venting
prohibition. Nonetheless, that prohibition addresses only knowing
venting or release and thus does not account for all HFC refrigerant
emissions. For instance, in previous rules we have not assumed that
emissions of HFCs that occur due to appliance leaks constitute knowing
releases. The requirements for leak inspections, leak calculations, and
recordkeeping that EPA is proposing in this action would provide more
knowledge to appliance owners and operators, as well as technicians,
and thereby broaden the set of refrigerant releases for which they
would be liable for a knowing release. In addition, as discussed below,
EPA is proposing to revise its interpretation of what constitutes a
knowing release under section 608(c) for purposes of appliance leaks.
EPA regulations at Sec. 82.154(a)(2) currently state that ODS
refrigerant releases shall be considered de minimis only if they occur
when the required practices set forth in specified regulatory
provisions, such as Sec. 82.156 are observed. One of the required
practices within that section is the requirement for owners or
operators to repair leaks pursuant to paragraphs Sec. 82.156(i)(1),
(i)(2) and (i)(5) within 30 days after discovery. EPA has therefore
intended that proper leak repair be a component of the required
practices necessary to meet the de minimis exemption to the venting
prohibition for ODS refrigerants. Consistent with the discussion above
relating to the implementation of the statutory and regulatory de
minimis provisions for substitute refrigerants, EPA is proposing to
extend the leak repair provisions to non-exempt substitute refrigerants
to clarify how the de minimis exemption in Sec. 82.154(a)(2) applies
to such substitute refrigerants and to provide regulatory certainty of
what practices for leak repair would qualify for this exemption.
The Agency has the authority under section 608(c) to define the
contours of the de minimis exemption by establishing regulations
related to the maintenance, service, and repair of appliances that are
leaking ODS or non-exempt substitute refrigerants. The prohibition in
section 608(c) applies to the knowing venting, release, or disposal of
refrigerants during the course of maintenance, service, repair, or
disposal of an appliance ``in a manner which permits such substance to
enter the environment.'' As explained above, this prohibition applies
both to ODS refrigerants under section 608(c)(1) and to non-exempt
substitutes under 608(c)(2).
EPA stated in 1993 when establishing the original leak repair
provisions that:

[T]he venting prohibition itself, which applies to the
maintenance, service, repair, and disposal of equipment, does not
prohibit `topping off' systems, which leads to emissions of
refrigerant during the use of equipment. The provision on knowing
releases does, however, include the situation in which a technician
is practically certain that his or her conduct will cause a release
of refrigerant during the maintenance, service, repair, or disposal
of equipment. Knowing releases also include situations in which a
technician closes his or her eyes to obvious facts or fails to
investigate them when aware of facts that demand investigation. (58
FR 28672)

EPA has subsequently moved toward a broader interpretation of the
venting prohibition. In the proposed 2010 Leak Repair Rule, EPA stated
that ``it is not necessarily a violation [of the venting prohibition]
for an appliance owner or operator to discover a leak greater than the
leak repair trigger rate; however it would be a violation of the
proposed required practices at Sec. 82.152 to allow that appliance to
continue to leak above the trigger rate without making and verifying
the efficacy of repairs in a timely manner'' (75 FR 78570).
EPA now views its statements in the 1993 Rule as presenting an
overly narrow interpretation of the statutory venting prohibition.
Consistent with the direction taken in the 2010 proposed leak repair
rule, EPA is proposing a broader and more pragmatic interpretation of
the venting prohibition under CAA section 608(c)(1) and (2) in this
action. As a practical matter, when a technician must add refrigerant
to an existing appliance, the technician necessarily knows that the
system has leaks that will continue to release refrigerant to the
environment if not properly repaired. That technician also knows that
if he or she does not repair the leak, and verify that the repair has
held, some or all of the newly added refrigerant will be released to
the environment.
Therefore, EPA is proposing to interpret section 608(c) such that
when a person adds refrigerant to an appliance that he or she knows is
leaking, without repairing the leaks consistent with the applicable
leak repair requirements, he or she also violates the venting
prohibition, both because he or she knows that the appliance is
releasing refrigerant to the environment as the appliance is being
serviced and because he or she knows that some or all of the
refrigerant newly added to the appliance will be released in a manner
that will permit the refrigerant to enter the environment. With today's
proposed revisions, the person performing this work will also have a
set of provisions that can be followed to repair the leaks and to avoid
violating the venting prohibition in this situation. This analysis
applies for both ODS refrigerants and substitute refrigerants.
When initially establishing the leak repair provisions in subpart
F, EPA relied on the authority in section 608(a)(3)(A) which states
that ``the regulations under this subsection shall include requirements
that reduce the use and emission of such [class I and class II]
substances to the lowest achievable level.'' EPA used section 608(a) in
part because the statute required EPA to establish regulations to
reduce emissions of ODS refrigerants, whereas section 608(c) is a self-
effectuating prohibition that applied to both ODS refrigerants and
substitutes.\11\ EPA, however, has also used rulemakings to clarify the
requirements of section 608(c) for ODS. It is appropriate to do so now
with regard to the knowing release of non-exempt substitute
refrigerants from leaking appliances containing 50 or more pounds of
such refrigerant and the application of the de minimis exception when
leak repair requirements are followed for such appliances. As discussed
below, EPA understands that few appliances are leak-free. However, the
leak rate can be minimized by following the regulatory leak repair
requirements. Under the revisions proposed in this rule, when those
steps are followed, any release would fall within the de minimis
exception, and the owner, operator and technician will not be violating
the venting prohibition.
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\11\ Section 608(a) of the CAA continues to support the
revisions to the leak repair requirements as those revisions relate
to reducing emissions of ODS refrigerants. As such, and consistent
with the description in Section III above, section 608(a) is one of
the authorities EPA is relying on for proposed revisions in this
rule that update requirements for ODS refrigerants, including
proposed revisions to the leak repair provisions.
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Consideration of Costs
Based on the evidence discussed below, the reported performance of
today's comfort cooling, commercial refrigeration, and IPR appliances
with full charges of 50 or more pounds argues for lowering the
applicable leak rates. The evidence discussed below demonstrates that
the current applicable leak rate is considerably above the

[[Page 69487]]

``lowest achievable level of emissions'' envisioned in CAA section
608(a)(3)(A).
While section 608(a)(3) does not require EPA to perform a cost-
benefit analysis to determine what leak rate(s) would constitute the
``lowest achievable level of emissions,'' the analyses EPA performed of
costs and benefits support establishing lower leak rates. The leak
rates reported above, which generally fall well below the current
regulatory maximum, are clearly being achieved in response to private
incentives alone. If maintaining these leak rates is privately cost-
effective, it is reasonable to assume they are also publicly cost-
effective, because the public cost of emissions, which includes both
the private value of the refrigerant and the environmental damage it
causes, would exceed the private cost of emissions, which includes only
the private value of the refrigerant.
In general, EPA balanced the need to reduce emissions of
refrigerants with the costs of these requirements. EPA has determined
that the costs are reasonable given the significant benefits that
accrue (both private in the form of cost savings and public in the form
of reduced GHG and ODS emissions). Specifically, EPA reviewed data from
the lowest-emitting equipment to gauge technological feasibility and
then reviewed other data sets, such as CARB data and consent decree
requirements, to determine a reasonable set of requirements. EPA then
assessed the costs and benefits associated with extending the existing
requirements to appliances using substitute refrigerants and tighter
requirements such as lower leak rates, the requirement to repair all
identified leaks once the applicable leak rate is exceeded, the
requirement to conduct verification tests on all types of appliances,
and periodic leak inspections.
With regard to the quarterly leak inspections, EPA looked at charge
size to determine the number of affected appliances. Using that
estimate and the cost of more frequent leak inspections, EPA assessed
the economy-wide costs of requiring quarterly leak inspections for
appliances with a full charge of 200 or more pounds and 500 or more
pounds. Based on that assessment of the costs and benefits of such a
requirement, EPA is proposing a higher charge size threshold (500
pounds in commercial refrigerant and IPR appliances) for quarterly
versus annual inspections. In addition, EPA is proposing to allow
owners and operators of appliances to install automatic leak detection
systems in lieu of conducting quarterly leak inspections as well as the
opportunity for quarterly inspections to move to an annual schedule if
the appliance is not leaking.
In addition, as EPA discusses below, EPA is proposing to provide
flexibility to help minimize compliance costs of the existing
regulations. For comfort cooling and commercial refrigeration
appliances, EPA is proposing to allow an extension to the 30-day repair
requirement if the arrival of a part is delayed, recognizing that the
short additional time needed for delivery of a part can result in a
nearer-term and less costly emission reduction than a retrofit. This is
a change from the current requirements for ODS appliances, and would
result in a significant reduction in compliance costs. EPA is also
proposing to allow an extension to implement a retrofit or retirement
for comfort cooling and commercial refrigeration appliances that
transition to a non-exempt substitute refrigerant.
3. Restructuring and Edits for Readability
The current regulatory text has been modified several times since
EPA first established the program in 1993. Some of those changes were a
result of a settlement agreement between EPA and the Chemical
Manufacturers Association (see 60 FR 40420). The regulation now
contains numerous cross-references to other provisions in Sec.
82.156(i), making the requirements difficult to follow and in some
places potentially leading to differing interpretations. Many important
provisions are buried, such as the primary requirement that repairs
must occur within 30 days, which appears only at the end of the leak
repair requirements at Sec. 82.156(i)(9). Due to these concerns, EPA
is proposing revisions that attempt to restructure the regulation to
make it easier for stakeholders to understand whether they are subject
to the requirements and what those are.
EPA is proposing to move the required practices currently in Sec.
82.156(i) and the recordkeeping and reporting requirements in Sec.
82.166(j), (k), (m), (n), (o), (p), and (q) to a newly-created section
at Sec. 82.157 titled ``Appliance maintenance and leak repair.'' EPA
is proposing this title to more accurately reflect the goal of
preventing releases of ODS and non-exempt substitute refrigerants
during the maintenance of these appliances. Within that new section,
EPA is proposing to restructure the requirements in a more linear and
logical format.
EPA recognizes that proposing to change the text so significantly
may make stakeholders who are familiar with the requirements wonder how
these revisions might affect their current compliance monitoring
systems and protocols. EPA does not intend to change the substance of
the requirements while restructuring except where specified. EPA
discusses proposed changes to the requirements in the following
preamble sections that would result from this restructuring. EPA is
also developing a series of comprehensive compliance assistance
documents, in addition to other online support materials.
To avoid both ambiguity and cumbersome language throughout, EPA is
proposing to establish from the outset in Sec. 82.157(a) that the
provisions of Sec. 82.157 apply to owners and operators of all
appliances containing 50 or more pounds of refrigerant, unless
otherwise specified. When a provision applies to technicians or people
servicing equipment the provision so specifies. The changes are not
intended to shift responsibilities and EPA believes this change is not
substantive.
The existing regulation also inconsistently describes the leak
repair requirements as applying to appliances with ``50 or more
pounds'' or ``more than 50 pounds'' of refrigerant. For example, in the
existing recordkeeping requirements at Sec. 82.166(j) and (k), persons
servicing and owners/operators of appliances normally containing 50 or
more pounds of refrigerant must keep records, whereas Sec.
82.156(i)(1), (i)(2), and (i)(5) refer to appliances normally
containing more than 50 pounds. EPA is proposing to consistently use
``50 or more pounds of refrigerant.'' Because of this inconsistency,
EPA assumes that an owner or operator of an appliance that has a full
charge of 50 pounds would take a conservative assumption when reading
the current regulations and consider the appliance covered by the leak
repair requirements. For that reason, EPA does not anticipate this
change to have a significant effect.
EPA seeks comment on the proposed edits to restructure and clarify
the regulations, including whether any other than those specifically
discussed in this section of the preamble would alter the substance of
the requirements and, if so, which edits would do so and how.
4. Lowering Applicable Leak Rates
EPA is proposing to lower the applicable leak rates for comfort
cooling, commercial refrigeration, and IPR appliances containing ODS
refrigerants, and to establish those same leak rates for such
appliances using non-exempt substitute refrigerants. The leak rate is
the rate of emission from an appliance requiring action from the

[[Page 69488]]

owner/operator. EPA has proposed lowering leak rates twice previously
for ODS-containing appliances, both in 1998 and 2010, but has not
finalized either proposal. In both instances, EPA proposed lowering the
leak rates to 20 percent or lower (from 35 percent) for IPR and
commercial refrigeration appliances and to 10 percent or lower (from 15
percent) for comfort cooling appliances (63 FR 32044, 75 FR 78558). EPA
is again proposing to lower leak rates to 20 percent and 10 percent,
respectively, and has considered comments on those past proposals in
the development of this notice as well as additional available
information. This proposal would be for appliances containing both ODS
and non-exempt substitute refrigerants, and EPA's rationale for these
proposed edits is described in more detail below.
i. Commercial Refrigeration and Industrial Process Refrigeration
Appliances
In general, leak rates are highest in large commercial
refrigeration appliances and IPR. This is attributable to a number of
factors. First, such appliances are generally custom-built and
assembled at the site where they are used rather than in a factory
(e.g., unlike a household refrigerator). Appliances used in IPR are
custom-designed for a wide spectrum of processes and facilities,
including applications such as flash freezers aboard commercial fishing
vessels to cooling processes used in the manufacture of pharmaceuticals
to ice skating rinks. This results in the sector having an
extraordinarily broad range of equipment configurations and designs.
Custom designed equipment presents more challenges to original
equipment manufacturers who wish to systematically implement leak
reduction technologies. Second, these appliances generally use a long,
single refrigerant loop for cooling that is not enclosed within a piece
of equipment. This tends to raise average leak rates, particularly when
the refrigerant loop flows through inaccessible spaces, such as
underneath floors, or when used in challenging climates and operating
conditions. Third, these appliances typically operate continuously. For
example, shutting down a refrigeration appliance can lead to food
spoilage in commercial refrigeration. In IPR, a full appliance shutdown
can stop all production and is typically costly. This need for
continuous operation can make repairing certain leaks more difficult.
EPA is proposing to lower the leak rate for both commercial
refrigeration appliances and IPR from 35 percent to 20 percent. EPA has
reviewed multiple sources of data to establish that 20 percent is a
reasonable rate. As explained in more detail below, EPA reviewed
GreenChill partner data, consent decrees of companies found to be in
violation of subpart F regulations, and reported data from California's
Refrigerant Management Program (RMP).\12\ Additionally, EPA held
numerous conversations with potentially affected stakeholders and
reviewed comments on past proposed rules. EPA also assessed the
possible benefits that could result from lower proposed applicable leak
rates and other changes being proposed in this notice using the
Vintaging Model and data from California.
---------------------------------------------------------------------------

\12\ Among other requirements, the RMP establishes leak repair
requirements for appliances with more than 50 pounds of refrigerant.
More detail on the RMP is provided in the technical support document
in the docket titled Analysis of the Economic Impact and Benefits of
Proposed Revisions to the National Recycling and Emission Reduction
Program and online at www.arb.ca.gov/stoprefrigerantleaks.
---------------------------------------------------------------------------

First, EPA reviewed data from GreenChill, an EPA partnership with
food retailers to reduce refrigerant emissions and decrease their
impact on the ozone layer and climate change. Established in 2007, this
partnership has over 20 member companies comprising almost 30 percent
of all supermarkets in the United States. GreenChill works to help food
retailers (1) transition to environmentally friendlier refrigerants;
(2) lower refrigerant charge sizes; (3) eliminate leaks; and (4) adopt
green refrigeration technologies and best environmental practices. One
of the GreenChill partnership's programs that helps food retailers
reduce their refrigerant emissions is the Food Retailer Corporate
Emissions Reduction Program. Under this program, partners report their
corporate-wide average leak rate for all refrigerants. A corporate-wide
average leak rate is the sum of all refrigerant additions in a given
time period for all of the refrigeration appliances owned by a
corporate entity, divided by the full charge for all of the
refrigeration appliances owned by that same corporate entity during
that time period.
In 2014, the corporate-wide average leak rate for all reporting
GreenChill partners was under 14 percent. Since the start of the
program, the reported corporate-wide average leak rate for all partners
has been at or below this level, even though the number of partners has
grown. Several supermarket chains, including some having hundreds of
stores, have consistently reported a corporate-wide leak rate below 10
percent. These confidential data support the conclusion that leak rates
in commercial refrigeration appliances can be considerably lower than
35 percent and that a 20 percent leak rate is reasonable.
EPA has also reviewed how companies agreed to manage refrigerants
through recent consent decrees with the Agency. In consent decrees with
Safeway and Costco, the two companies agreed to bring their corporate-
wide leak rates from about 25 percent to 18 and 19 percent,
respectively. EPA also reviewed consent decrees with commercial fishing
vessels. These consent decrees do not establish a corporate-wide level
but in one specific case a facility was able to lower its leak rate
considerably below 20 percent. These consent decrees provide additional
support for the proposition that a 20 percent leak rate for commercial
refrigeration and IPR appliances is reasonably achievable. These
consent decrees are available in the docket.
EPA has also reviewed data submitted under California's RMP.
California requires that owners or operators of any appliance with more
than 50 pounds of ODS or HFC refrigerant repair leaks, conduct leak
inspections or install automatic leak detection equipment, and report
their refrigerant usage and repairs. In addition, any facility with a
refrigeration appliance containing more than 50 pounds of refrigerant
must report all service records annually to California.
CARB has categorized facilities based on the facility's largest
appliance. Facilities that have at least one appliance with a full
charge of 2,000 pounds or more (classified as ``large'' facilities
under the RMP) began reporting in 2012 (for 2011 service records).
These large facilities must submit service records for any appliance
that has a full charge greater than 50 pounds. ``Medium'' facilities
have at least one appliance with a full charge of 200 or more pounds
but less than 2,000 pounds and they started reporting in 2014.
``Small'' facilities have at least one appliance between 50 and 200
pounds; they must begin reporting in 2016. This data set provides
insight into the use and emissions of ODS and substitute refrigerants
from refrigeration appliances in California.
EPA reviewed the 2013 data of large and medium facilities to
determine the leak rates of those appliances. This was the only dataset
currently available. Facilities reported on 10,362 appliances in this
dataset. A series of charts showing the aggregated California data has
been included in the docket. While the data are self-reported, and they
do

[[Page 69489]]

not include all commercial refrigeration and IPR appliances in
California, they show that approximately 48 percent of reporting
appliances did not leak at all in 2013. They also show that
approximately 13 percent of appliances have an annual leak rate between
20 percent and 35 percent. An additional 22 percent of appliances are
above a 35 percent annual leak rate. EPA considered these data to
determine what an appropriate leak rate would be.
If EPA uses the California data as a proxy for the rest of the
United States, the existing 35 percent leak rate for commercial
refrigeration and IPR appliances (if extended to non-exempt
substitutes) would only require reductions from 22 percent of
refrigeration appliances, responsible for approximately 70 percent of
emissions. By establishing a leak rate at 20 percent, the regulations
would affect approximately 35 percent of appliances, responsible for
almost 90 percent of emissions. The increase in the universe of
affected entities when moving from a 35 to 20 percent leak rate is
appropriate given the percentage of emissions (20% of total reported
emissions) coming from those facilities. A 20 percent leak rate is also
consistent with two past proposals to lower leak rates.
For the proposed 2010 Leak Repair Rule, EPA analyzed South Coast
Air Quality Management District (SCAQMD) data on ODS-containing
appliances. SCAQMD is responsible for controlling emissions primarily
from stationary sources of air pollution. California South Coast Air
Quality Management District is an air pollution control agency that
services the areas of Orange County and the urban portions of Los
Angeles, Riverside, and San Bernardino counties. At the time of the
analysis in 2010, SCAQMD was responsible for 16 million people in a
10,743 square mile area, which was approximately half of the population
of California.
Similar to the EPA's regulations under section 608 of the CAA,
SCAQMD has issued Rule 1415 aimed at reducing emissions of ozone-
depleting refrigerants from stationary refrigeration and air-
conditioning systems. The rule requires any person within SCAQMD's
jurisdiction who owns or operates a refrigeration system to minimize
refrigerant leakage. A refrigeration system is defined for the purposes
of that rule as ``any non-vehicular equipment used for cooling or
freezing, which holds more than 50 pounds of any combination of class I
and/or class II refrigerant, including, but not limited to,
refrigerators, freezers, or air-conditioning equipment or systems.''
Under Rule 1415, SCAQMD used to collect the following information
every two years from owners or operators of stationary refrigeration
systems holding more than 50 pounds of an ozone-depleting refrigerant
(https://www.aqmd.gov/prdas/forms/1415form2.doc): Number of
refrigeration systems in operation; type of refrigerant in each
refrigeration system; amount of refrigerant in each refrigeration
system; date of the last annual audit or maintenance performed for each
refrigeration system; and the amount of additional refrigerant charged
every year. For the purposes of the rule, additional refrigerant charge
is defined as the quantity of refrigerant charged to a refrigeration
system in order to bring the system to a full capacity charge and
replace refrigerant that has leaked. This reporting requirement has now
been replaced by the statewide RMP required reporting.
In 2010, EPA reviewed data for over 4,750 pieces of equipment from
SCAQMD covering 2004 and 2005. The data included refrigeration and air-
conditioning appliances that meet EPA's existing and proposed
definitions of IPR (e.g., food processing industry, pharmaceutical
manufacturing), comfort cooling (e.g. office buildings, schools and
universities, hospitals), and commercial refrigeration (e.g.,
refrigerated warehouses, supermarkets, retail box stores) from
businesses of all sizes. The appliances that were evaluated all had ODS
refrigerant charges greater than 50 pounds. EPA's review showed that
lowering the leak rate to 20 percent for ODS-containing IPR would
result in slightly less than 5 percent of systems facing mandatory
repair within 30 days. It also showed that tightening of the leak rate
for commercial refrigeration appliances to 20 percent would result in 8
percent of the 1,722 systems examined facing mandatory repair within 30
days.
At the time, EPA found that the SCAQMD leak repair data for
commercial refrigeration appliances was consistent with EPA's analysis
of the commercial refrigeration sector. For example, EPA estimated that
annual leak rates for distributed (DX) systems range from 3 percent to
35 percent for in-use equipment, with higher annual leak rates (25%) in
older appliances and the lower rates (15%) in newer appliances.
EPA proposed in 2010 to conclude that a 20 percent leak rate
``provides for continued flexibility in allowing appliance owners or
operators to decide upon the necessary action needed to repair leaking
appliances, and also provides for additional environmental benefit in
terms of avoided refrigerant emissions'' (75 FR 78570). In coming to
this assessment, EPA balanced the environmental benefits (in terms of
ODS emissions reductions) with the costs of lowering the applicable
leak rate for refrigeration appliances to a level between 10 percent
and 30 percent. This analysis continues to be informative and is
available in the docket for this rulemaking.
In 1998, EPA proposed to lower leak rates for appliances containing
both ODS and substitute refrigerants. After reviewing leak rate data
collected by the SCAQMD and data submitted by a midwestern supermarket
chain, EPA proposed that the maximum permissible leak rate for new
commercial refrigeration equipment (commissioned after 1992) be lowered
to 10 percent per year, and that the maximum rate for old commercial
refrigeration equipment (commissioned before or during 1992) be lowered
to 15 percent per year.
For IPR, EPA proposed a two-rate system. IPR equipment would be
subject to a 20 percent applicable leak rate unless it met all four of
the following criteria in which case it would continue to be subject to
the 35 percent leak rate:
(1) The refrigeration system is custom-built;
(2) The refrigeration system has an open-drive compressor;
(3) The refrigeration system was built in 1992 or before; and
(4) The system is direct-expansion (contains a single, primary
refrigerant loop).
For today's proposal, EPA reviewed comments on these earlier
proposals and held several recent conversations with industry. While
some stakeholders, in particular IPR owners and operators, were not in
support of leak rates lower than 35 percent, there appears to be more
agreement among commercial refrigeration appliance owners and operators
that 20 percent is reasonable. In comments in response to the 1998
Proposed Substitutes Recycling Rule, the Food Marketing Institute
stated for commercial refrigeration that ``the targeted leak rates of
15 percent and 10 percent for equipment built before and after 1992,
was unattainable . . . We believe that rates of 25 percent for
equipment manufactured before 1992 and 20 percent for equipment
manufactured after 1992 are more realistic.'' Similar comments were
stated by major supermarket chains indicating that leak rates of 25%
would be more practical and allow more effective refrigerant
management. Given the passage of time, equipment manufactured after
1992 should now be a much larger share of the equipment

[[Page 69490]]

being used, meaning that the earlier concerns regarding lowering the
applicable leak rate for commercial refrigeration appliances to 20
percent may no longer apply.
EPA received three comments on the proposed 2010 Leak Repair Rule
that were opposed to lowering the leak rates for commercial
refrigeration appliances and IPR. One commenter raised concerns about
the effect that lowering the applicable leak rate would have on
chillers used in the generation of nuclear power. The proposed
flexibilities in today's action, such as allowing extensions for all
appliance types--not just IPR and Federally-owned appliances--should
address that concern; however, EPA again seeks comment on this point.
The other commenters stated that the costs of lowering the leak rate to
20 percent are too high. In addition to providing flexibility in the
time needed to conduct repairs and retrofit or replace an appliance,
EPA has assessed the compliance costs, cost savings, and environmental
benefits of this proposed rule and has found that the aggregated costs
are reasonable, and that lowering leak rates will result in fewer
emissions of both ODS and substitute refrigerants. See the technical
support document Analysis of the Economic Impact and Benefits of
Proposed Revisions to the National Recycling and Emission Reduction
Program for a complete discussion.
Based on the data sources discussed above, EPA is proposing to
lower the applicable leak rate for commercial refrigeration appliances
and IPR from 35 percent to 20 percent. EPA seeks comments on whether a
20 percent leak rate is appropriate given the evidence presented and in
the docket, or if a higher (e.g., the current applicable leak rate for
ODS appliances) or lower leak rate (e.g. as low as 10 or 15 percent) is
appropriate, and if so, what information supports such a higher or
lower leak rate. EPA also seeks comment on whether there are other
regulatory incentives that could provide a basis to go with a leak rate
lower than 20 percent.
EPA has considered the 2010 proposed rule comments as part of the
initial framing and background research, but we are not responding to
those comments because they are not comments on what we are proposing
in this notice. To the extent commenters have the same concerns, they
should reiterate those concerns in their comments on this proposal.
ii. Comfort Cooling and All Other Appliances
EPA is proposing to lower the applicable leak rate for comfort
cooling appliances and all other refrigeration appliances normally
containing 50 pounds or more of refrigerant that do not fit into the
other two categories (commercial refrigeration and IPR). EPA proposes
to lower these leak rates from 15 percent to 10 percent. As explained
in more detail below, 10 percent is reasonable given what we know about
comfort cooling appliances.
In 1998, EPA proposed to reduce the leak rate for comfort cooling
appliances using ODS or substitute refrigerants from 15 percent to 10
percent for comfort cooling appliances (the Agency specifically stated
chillers in that proposal) built in 1992 or earlier, and from 15
percent to 5 percent for comfort cooling appliances built in 1993 or
later. At the time, EPA noted that rates at which these appliances
actually leak had decreased from between 10 and 15 percent per year to
less than five percent per year in many cases (63 FR 32066). The Agency
also noted that new comfort cooling appliances typically leak less than
five percent per year, with many new comfort cooling appliances leaking
around two percent per year, and some leaking less than one percent.
Only one type of new equipment had been reported to have a leak rate
above five percent: High pressure chillers with open-drive compressors,
which have been found to have leak rates ranging from four to seven
percent. Based on feedback and the assumptions used in EPA's peer-
reviewed Vintaging Model used to estimate refrigerant use and
emissions, this assessment continues to be valid.
In the proposed 2010 Leak Repair Rule, EPA proposed to lower the
applicable leak rate for ODS-containing comfort cooling appliances from
15 percent to 10 percent. EPA made this proposal after reviewing data
submitted to the SCAQMD. EPA reviewed data from 2,700 comfort cooling
appliances and found that fewer than 1 percent of ODS-containing
appliances would be required to repair appliances within 30 days if the
leak rate was lowered to 10 percent. EPA also analyzed the costs and
benefits of lowering leak rates to five percent for comfort cooling
appliances. The analysis used in the proposed 2010 Leak Repair Rule
found reducing the leak rate for this category of equipment to 10
percent provided the most benefit for the lowest cost. A full
discussion of the analysis and rationale for the proposed 2010 Leak
Repair Rule is available in the docket to this rule. EPA has also
included a memo in the docket titled Analysis of Average Annual Leak
Rates in Comfort Cooling Appliances (August 2015) that goes into
average leak rates of comfort cooling appliances as reported to SCAQMD
and CARB, and as estimated in the Vintaging Model. These three sources
indicate 10 percent is more than reasonable and that 15 percent may be
too high a leak rate.
EPA seeks comments on establishing a 10 percent leak rate for ODS
and non-exempt substitute refrigerants for comfort cooling and all
other appliances that do not fit into the commercial refrigeration and
IPR categories that contain 50 or more pounds of refrigerant. EPA also
seeks comment on whether there are any other types of appliances that
do not fit into either the comfort cooling, IPR, or commercial
refrigeration appliance category. EPA seeks comments on whether a 10
percent leak rate is appropriate given the evidence presented and in
the record, or if a higher (e.g., the current applicable leak rate for
ODS appliances) or lower leak rate (e.g. as low as 5 percent) is
appropriate, and if so, what information supports such a higher or
lower leak rate. EPA also seeks comment on whether there are other
regulatory incentives that could provide a basis to go with a leak rate
lower than 10 percent.
5. Requiring Periodic Leak Inspections
The current regulation at Sec. 82.156(i) focuses on actions an
appliance owner or operator must take after discovering an appliance
has a leak, not on proactively finding leaks and reducing the release
of refrigerant from them. To enhance the traditional repair requirement
and to reduce emissions of refrigerant during the maintenance, service,
and repair of appliances, EPA is proposing to require annual or
quarterly leak inspections as a proactive maintenance practice
depending on the type and size of the appliance.
The purpose of the proposed leak inspection requirement is to
determine the location of refrigerant leaks, not for calculating
whether the applicable leak rate has been exceeded. However, a leak
inspection could identify a leak, resulting in the addition of
refrigerant. Under today's proposal, the addition of refrigerant would
trigger the requirement to calculate the appliance's leak rate. As
explained in the definitions section of this proposal, leak inspections
of the appliance's refrigerant circuit include using a calibrated
refrigerant leak detection device, a bubble test, or visual inspection
for oil residue. Again, leak inspections would not need to be

[[Page 69491]]

conducted by certified technicians, but the agency would recommend some
training for the person to ensure they are knowledgeable of the various
leak inspection methods. EPA requests comments on whether there are
methods of leak detection other than these three that would be
sufficient for the purposes of this rule, and if these three methods
are all appropriate.
Some owners, especially for large, complex appliances, will
evacuate the system periodically to inspect for leaks and to determine
the full charge of an appliance. EPA seeks comment on whether this
should be added as another viable leak inspection technique. This
option may be appropriate because of EPA experience administering a
consent decree. One company was required as part of a consent decree to
evacuate an appliance to determine the full charge and inspect for
leaks. The Agency's understanding is that the company found the
practice to be a useful way to also find and fix leaks earlier, and now
evacuates the system annually to inspect for leaks. As a result, the
company has been able to keep the leak rate of the affected appliance
significantly lower, saving money on refrigerant and keeping equipment
operating more efficiently. EPA is not proposing to require such
evacuation, but is seeking comment on whether evacuation of an
appliance should be another leak inspection option. EPA also seeks
comment on the best way to describe this option in the regulation.
Generally, EPA intends to allow leak inspections to be conducted by
people who are not certified technicians. This option, however, would
require a certified technician to do the work. EPA can see value in
providing additional flexibility for owners and operators if they
already conduct comprehensive leak inspections periodically by
evacuating the appliance.
EPA is proposing to require that owners or operators of commercial
refrigeration appliances or IPR normally containing 500 or more pounds
of refrigerant conduct quarterly leak inspections of the appliance,
including the appliance's refrigerant circuit. Inspections would be
annual for commercial refrigeration appliances and IPR containing 50
pounds or more but less than 500 pounds of refrigerant, as well as
comfort cooling appliances and other appliances normally containing 50
or more pounds of refrigerant. More frequent monitoring is important
for larger commercial refrigeration appliances or IPR because those
systems tend to have more leaks than comfort cooling appliances and
because the amount of refrigerant that would be lost in a leak is
greater.
The proactive quarterly or annual leak inspections, as currently
proposed, are distinct from the leak inspection that EPA is proposing
to require at Sec. 82.157(e)(1) that occurs after discovering the leak
rate had exceeded the applicable leak rate.
EPA recognizes that some appliances are more leak tight than
others. Therefore, EPA is proposing to allow annual rather than
quarterly inspections for commercial refrigeration appliances or IPR
normally containing 500 or more pounds of refrigerant if they satisfy
one condition: Refrigerant has not been added to the appliance for more
than 365 days (excluding an addition for a seasonal variance as defined
in this proposal). Not needing to add refrigerant is an indication that
the system is not leaking. However, once refrigerant is added to an
appliance, the appliance owner or operator must resume quarterly leak
inspections.
As part of this proposal, EPA would not require periodic leak
inspections if owners or operators install and operate an automatic
leak detection system that continuously monitors the appliance for
leaks. The leak detection system must meet the requirements described
below, and the owner or operator must calibrate the system annually and
keep records documenting the calibration. A system that meets these
requirements and is properly operated will provide continuous
information about whether a system is leaking, and thus quarterly
inspections would be unnecessary.
EPA considered CARB's RMP when developing this proposal. The RMP's
leak inspection provisions, which only cover refrigeration appliances
with a full charge of more than 50 pounds, require the following:
An automatic leak detection system that continuously
monitors appliances normally containing 2,000 pounds or more of
refrigerant;
Quarterly leak inspections for all appliances with 200 or
more pounds of refrigerant (unless an automatic leak detection system
is installed) and annually for appliances with 50 to 199 pounds; and
Leak inspections before adding refrigerant to an appliance
and after a leak is repaired.
EPA's proposal for automatic leak detection equipment is based on
CARB's requirements. EPA is proposing to use the same level of
detection (10 parts per million of vapor) and notification thresholds
(100 parts per million of vapor, a loss of 50 pounds of refrigerant, or
a loss of 10 percent of the full charge) as in CARB's requirements.
Such equipment is already available on the market and capable of
meeting those standards.
Leak inspections have been seen within the industry as a best
practice to reduce emissions of refrigerants and many facilities use
this strategy. For example, numerous GreenChill partners have used this
best practice with success to keep their leak rates down.\13\ The 2014
corporate-wide average leak rate among all GreenChill partner stores
was under 14 percent. While the Agency recommends fixing all leaks once
they've been found, EPA recognizes that even well-maintained appliances
subject to these provisions leak. Given that fact, EPA's lead proposal
is to only require that all identified leaks from a leak inspection be
fixed when the applicable leak rate is exceeded. EPA is proposing this
option because the costs of repairing all leaks when the leak rate is
below the applicable leak rate may not justify the benefits, especially
when the leak is a series of small pinhole leaks and the leak rate is
very low, as may often be the case. When the applicable leak rate is
exceeded, the benefits are significant and do result in significant
enough savings--both for the environment and for the owner/operator (in
decreased refrigerant replacement costs), to warrant repair of all
identified leaks. This proposal is also consistent with the current
leak repair requirements: Owners and operators of appliances are only
required to repair leaks once the applicable leak rate has been
exceeded. This familiarity will reduce confusion and encourage
compliance.
---------------------------------------------------------------------------

\13\ See GreenChill's Best Practices Guidelines: Commercial
Refrigeration Leak Prevention & Repairs, May 2011, available in the
docket for this rulemaking.
---------------------------------------------------------------------------

This lead proposal was designed with Next Generation Compliance
objectives in mind. Even if EPA does not require the repair of all
leaks that are identified during leak inspections, the Agency
anticipates that many appliance owners and operators would take action
earlier if leak leaks are identified because it is in their financial
interest to do so and would reduce emissions and refrigerant costs.
Repairing leaks earlier could also prevent that appliance from being
pulled into the regulatory requirements at Sec. 82.157 for exceeding
the applicable leak rate.
EPA is proposing to require that the following records be
maintained as part of the leak inspection requirements. First, owners
or operators must keep records of leak inspections that include the
date of inspection and any component(s) where the leak(s) are

[[Page 69492]]

discovered. For systems that use an automatic leak detection system, a
record must be kept of the annual calibration of the leak detection
system. EPA seeks comment on whether it should require that continuous
readings from the automatic leak detection equipment be maintained for
some period of time (as few as three months or as long as three years)
so the Agency can verify the automatic detection equipment is in fact
being used continuously.
EPA has authority under section 608(a)(3) to establish
``requirements that reduce the use and emission of [ODS] to the lowest
achievable level.'' Leaks will be identified sooner when appliances
containing ODS refrigerant are regularly inspected. Leaks that are
determined to be above the applicable leak rate must be repaired and it
is likely that smaller leaks may also be fixed. As a result, leak
inspections will reduce the emissions of ODS refrigerant. Additionally,
providing a consistent standard for ODS and substitute refrigerants
will reduce the incidence of failures to follow the requirements for
ODS appliances and in turn reduce the emissions of ODS. For these
reasons, EPA is relying in part on section 608(a) for authority to
require leak inspections for appliances containing non-exempt
substitutes.
Section 608(c) provides an exception from the venting prohibition
for de minimis releases during maintenance, service, repair, and
disposal. EPA has implicit authority to issue regulations explaining
the contours of this exception. Leak inspections are themselves a form
of maintenance and actions taken to address a leak are a type of repair
or service. By performing periodic leak inspections, and repairing
leaks as would be required in this proposal, the owners and operators
both limit the immediate leakage and decrease the likelihood of leaks
during future maintenance or servicing. Whether owners and operators
are taking proactive leak prevention steps by inspecting for leaks as a
regular maintenance practice is relevant to whether any emissions that
do occur may be considered de minimis under section 608(c). Section
301(a) supplements EPA's authority under 608(a) and 608(c) as described
previously.
EPA seeks comments on the proposed requirement for leak
inspections. Specifically, EPA seeks comment on the frequency of leak
inspections: Does the quarterly/annual requirement make sense, or
should EPA require more frequent for some appliances (as frequent as
once per month), or less frequent (as infrequent as once every six
months) inspections? EPA also seeks comment on the whether all systems
should have to conduct leak inspections using the same frequency, or
with different requirements based on full charge. EPA also seeks
comment on the 500 pounds full charge threshold for requiring quarterly
inspections. Specifically, should EPA establish a lower full charge
threshold (as low as 200 pounds), or a higher full charge threshold (as
high as 1,000 pounds)? EPA also seeks comment on the proposed criteria
for the exemption from the quarterly leak inspection requirement. The
agency has proposed to base this on refrigerant additions in the past
365 days. However, EPA takes comment on whether basing this exemption
on four consecutive quarters under the applicable leak rate or four
consecutive quarters without identifying a leak would be more
appropriate. EPA also seeks comment on whether a periodic (quarterly or
annual) leak inspection should satisfy the requirement to conduct a
leak inspection upon discovering a leak rate in excess of the
applicable leak rate if the periodic leak inspection alerts the owner
to the fact that the applicable leak rate has been exceeded and all
identified leaks during the inspection are documented. Similarly, EPA
seeks comment on whether a leak inspection conducted after the
applicable leak rate was exceeded should replace a typically-scheduled
quarterly or annual leak inspection. EPA also seeks comment on whether
the agency should require the repair of all leaks identified during
leak inspections regardless of whether the applicable leak rate has
been exceeded, or only if the leak rate is above the applicable leak
rate. For commenters on all of these alternative proposals, please
provide as much specificity as possible and the reason why these
changes would be more appropriate than the lead proposal, with special
attention to the environmental outcomes resulting from the change.
EPA also seeks comments on alternative proposals for automatic
detection equipment including: (1) Whether automatic detection systems
should be inspected and calibrated more frequently than annually to
ensure it is functioning properly (as frequently as quarterly); (2)
whether EPA should require the installation of automatic leak detection
systems for appliances with a full charge of 2,000 pounds or more,
similar to California's requirement, instead of just requiring periodic
leak inspections; and (3) whether owners and operators using automatic
leak detection systems should be required to keep records of when a
leak is identified and what actions were taken to repair that leak.
i. Extensions for Less Frequent Inspections
Consistent with past regulations implementing CAA section 608, EPA
is proposing to establish a process that would allow owners or
operators to request less frequent leak inspections for certain
federally-owned appliances that are located in remote locations or are
otherwise difficult to access for routine maintenance. Specifically,
EPA is proposing that owners or operators of appliances in these unique
situations would be allowed to request a less frequent leak inspection
schedule (not to be less frequent than once every three years instead
of the proposed annual or quarterly requirement that would otherwise
apply). EPA is also considering establishing two years as the maximum
amount of time that can pass between inspections, instead of three.
None of the other appliance maintenance and leak repair requirements
would be affected by this extension.
Any owner or operator of an appliance requesting an extension would
have to show that the appliance has a history of minimal leakage and is
remotely located or is otherwise difficult to access for routine
maintenance. Additionally, the extension request should explain why
installation of automatic leak detection equipment is not practical and
what leak inspection schedule would be reasonable given the
circumstances (not to exceed three years). EPA seeks comments on the
establishment of this extension request process, if there are other
conditions that should be established to gain approval from EPA,
whether the longest interval between inspections should be two years
instead of three, and whether this extension should only be available
for comfort cooling appliances, since they are the most likely to be in
locations that are remote or difficult to access routinely.
Given the attempt to harmonize appliance maintenance and leak
repair extension requests elsewhere, EPA also seeks comments on whether
privately-owned appliances face unique situations that make routine
leak inspections or the installation of automatic leak detection
equipment difficult, and whether EPA should apply this proposed
extension request process to non-federally owned appliances as well.
EPA may decide to finalize the proposed request process or a similar
process for such unique situations. Commenters supporting such an

[[Page 69493]]

extension should provide as much specificity as possible about these
unique situations, the appliances at issue, why those appliances might
qualify for an extension, and why installation of automatic leak
detection equipment is not practical in these situations.
6. Two-Year Leak Limit
EPA is proposing a new requirement to address appliances that leak
in excess of the applicable leak rate despite being repaired
frequently. Under the existing rules at Sec. 82.156(i), an appliance
can exceed the leak rate as long as leaks are repaired in accordance
with the regulations. If leaks frequently occur in multiple areas, this
can result in appliances that have high leak rates on an annual basis
yet are still in compliance with regulatory requirements through means
of continuous repair. EPA is proposing to add a total leak limit to the
repair requirement to address these chronically leaking systems.
Under this proposal, an appliance containing 50 or more pounds of
refrigerant may not leak more than 75 percent of its full charge in two
consecutive twelve-month periods and remain in use. Take, for example,
an appliance that loses 95 percent of its full charge between June 1,
2017, and May 31, 2018 (measured by the cumulative refrigerant
additions excluding seasonal adjustments). Between June 1, 2018, and
May 31, 2019, that appliance would not be permitted to leak more than
75 percent of its full charge. If the amount lost in June 1, 2018,
through May 31, 2019, exceeded 75 percent of the full charge, the owner
or operator would be out of compliance starting June 1, 2019, until the
appliance was retired or mothballed and later retired.
EPA reviewed data reported to CARB to determine whether a leak
limit was necessary and, if so, what the limit should be. In 2013,
approximately 8 percent of reporting appliances had leaked more than 75
percent of their full charge over the calendar year and were
responsible for 38 percent of total reported emissions. As discussed,
these appliances would not be out of compliance unless they were over
75 percent in two consecutive twelve-month periods. EPA looked only at
a single one-year period because 2012 and 2014 data were not available
at the time the proposal was developed. The data do support the fact
that a small percentage of appliances are responsible for a larger
proportion of emissions. EPA also looked at the percentage of
appliances that had leaked more than 35, 55, and 100 percent over the
calendar year to see how many appliances could be affected and what
percentage of leaks they are responsible for. EPA seeks comment on
whether it should finalize a higher or lower two-year leak limit.
Due to the high chronic leaks of such appliances, the environmental
benefit of establishing a cumulative leak limit could be large.
Nonetheless, the number of appliances affected by this proposed limit
should be low. First, using a two-year limit should exclude appliances
that suffered from a one-time catastrophic leak, many of which are
largely unpreventable. A leak limit that is evaluated over two
consecutive twelve-month periods allows for the possibility of an
unpreventable catastrophic leak in one year without violating the
prohibition, as long as leaks are reduced below the limit in the
following year. Second, if the appliance maintenance and leak repair
requirements proposed in this notice are finalized, they should prevent
the leak limit from being reached. Only when an owner or operator
continues to add refrigerant to a system without taking steps to repair
the leaks would an appliance reach the two-year leak limit. Third, due
to the proposed calculation and recordkeeping requirements discussed
below, appliance owners or operators would be on notice that their
appliance was leaking at an unacceptable level after the first year,
and should have ample time to bring leaks down below the 75 percent
leak limit in the following year. An appliance owner or operator that
did not take action based on the calculation and recordkeeping
requirements in order to meet the two-year limit would be participating
in the knowing release of refrigerant during maintenance and servicing
of the appliance.
EPA seeks comments on creating a leak limit and on the leak amount
that should be used for such a leak limit. EPA seeks comments on
whether it should finalize a leak limit that is lower or higher (as low
as 35 percent, or as high as 100 percent). EPA seeks comments on
whether it should establish a limit based on two consecutive 6-month
periods or on just one year, instead of two consecutive twelve-month
periods. EPA also seeks comments on whether the Agency should allow
owners or operators to stay in compliance after exceeding the leak
limit if they develop a retrofit or retirement plan and implement it
within one year instead of being required to retire the appliance or
mothball and later retire the appliance. This option would provide
owners and operators with additional flexibility to remain in
compliance while decreasing emissions of refrigerant. EPA also seeks
comment on whether it should allow owners and operators to continue
operating their appliance beyond the two-year (or shorter) period if
they notify EPA that the reason they went over the leak limit was only
because of one or more catastrophic leaks that were unavoidable. Under
this alternative proposal, EPA would have to review the notification
and determine whether there is enough documentation to verify that the
leak or leaks were in fact catastrophic and could not have been
prevented. If comments indicate an exception for catastrophic leaks
should be provided, the agency would likely finalize a lower leak limit
and would potentially shorten the timeframe over which the requirement
would apply (i.e., two consecutive six-month periods instead of two
consecutive twelve-month periods). Finally, EPA seeks comment on
whether the period, whether six months or twelve months, should be
aligned with the calendar year, such that the first twelve month period
would always be January 1 through December 31, or whether EPA should
allow owners and operators to determine when each period begins. EPA
sees advantages to both options (simplicity in the former option, but
flexibility in the second).
7. Leak Rate Calculation
The existing regulations at Sec. 82.156(i) do not explicitly
require technicians or owners and operators to calculate the leak rate
each time refrigerant is added to an appliance using an ODS
refrigerant. Such action is implied since owners or operators may not
be able to determine compliance without calculating the leak rate each
time refrigerant is added to the appliance. For example, if a
commercial refrigeration appliance owner adds refrigerant to the
appliance but does not calculate the leak rate, the owner would have no
means of determining if the appliance's leak rate was below 35 percent.
Hence, the owner would not know if further action was warranted.
To reinforce the required practices, EPA is proposing to explicitly
require owners or operators of appliances with 50 or more pounds of
refrigerant to calculate the leak rate each time refrigerant is added
to an appliance. EPA is proposing this requirement for appliances that
use an ODS or non-exempt substitute refrigerant. EPA would provide
exceptions for when refrigerant is added immediately following a
retrofit, the installation of a new appliance, or to counter a seasonal
variance (where records documenting

[[Page 69494]]

the seasonal variance are maintained as proposed in this rule).
EPA is also proposing to add specific recordkeeping requirements to
ensure that the owner or operator is aware of the leak rate. The
limited records currently required from service technicians may not
provide information needed by the appliance owner or operator to make
decisions on the fate of the appliance. In addition, the records that
are currently required to be provided by the technician do not match
the records that are currently required to be maintained by the owner
or operator. EPA is therefore proposing to require that service
technicians provide more detailed records to the owner or operator of
the appliance. The additional records would match the records that
owners and operators of appliances must maintain. The service
technician is generally in the better position to generate those
records as they usually are the expert that the appliance owner or
operator is relying on to make informed decisions about their
appliances. With the addition of these requirements, an appliance owner
or operator that failed to take required leak repair actions would be
participating in the knowing release of refrigerant during maintenance,
service, or repair of the appliance.
Specifically, EPA is proposing that whenever an appliance with 50
or more pounds of refrigerant is maintained, serviced, repaired, or
disposed of, the technician must provide the owner or operator with an
invoice or other documentation that indicates (1) the identity and
location of the appliance; (2) the date and type of maintenance,
service, repair, or disposal performed, including the location of
repairs and the results of any verification tests or leak inspections
(if applicable); (3) the name and contact information of the person
performing the maintenance, service, repair, or disposal; (4) the
amount and type of refrigerant added to and/or removed from the
appliance (if applicable); (5) the full charge of the appliance (if
refrigerant is added); and (6) the leak rate and the method used to
determine the leak rate (if refrigerant is added). EPA is proposing
identical recordkeeping requirements for appliance owners or operators
who use in-house service personnel. EPA is also proposing to require
that the owner or operator maintain records of all calculations,
measurements, and assumptions used to determine the full charge and any
revisions made to the full charge over time.
These proposed records are likely already provided by many service
personnel and/or are being maintained by owners and operators. The
current regulations already require technicians to provide an invoice
or other documentation that includes the amount of ODS refrigerant
added to the owner or operator. This would likely already include
information on the system serviced, the date, and the company/person
servicing the appliance. It would likely also include some description
of the service provided. Owners and operators must already maintain
service records documenting the date and type of service, as well as
the quantity of ODS refrigerant added. Therefore, the only new
information in most service instances for ODS systems would be the
appliance's full charge and the leak rate, which would both be
relatively simple since the owners and operators are required to have
both available on-site. This will require communication between the
owner/operator and the technician and/or access to past service records
to ensure the technician can calculate the leak rate.
EPA seeks comments on this proposed change. In particular, EPA
solicits comments on whether invoices containing this information are
common practice and whether these records would be useful for owners
and operators in determining what actions they should take to properly
maintain their appliances or determining whether an appliance should be
repaired or replaced.
8. Seasonal Variances
In regions of the country that experience large temperature swings
during the year, refrigerant in some appliances can migrate from the
condenser to the receiver. This migration results in a need to add
refrigerant to an appliance to ``flood the condenser'' in the season of
lower temperature ambient conditions (fall or winter). In this case,
the added refrigerant would have to be removed when the weather returns
to design ambient conditions to prevent high head pressures. This
technique is often referred to as a winter-summer charge procedure or a
seasonal adjustment. Seasonal adjustments are not necessary for
appliances with properly sized system receivers because they can hold
the appliances' full charge, including the additional charge needed to
flood the condenser.
As discussed above, EPA has proposed to define seasonal variance as
the addition of refrigerant to an appliance due to a change in ambient
conditions caused by a change in season, followed by the subsequent
removal of an equal amount of refrigerant in the corresponding change
in season, where both the addition and removal of refrigerant occurs
within one consecutive 12-month period.
EPA is proposing only to allow owners or operators to exclude the
amount added from the leak rate calculation if the amount removed is
equal to or greater than the amount added during the prior season. In a
properly charged, non-leaking system, adding refrigerant during months
with lower ambient conditions (fall or winter) would require an
equivalent amount of refrigerant to be removed in the months with
higher ambient conditions (spring or summer). If less is removed in the
spring/summer than was added at the start of fall/winter, the
difference between the two would be considered a leak and not a
seasonal addition. Without requiring that the amount added be equal to
the amount removed to qualify for the exemption, there is no way to
distinguish legitimate seasonal variances from refrigerant leaks. EPA
expects only one addition and one removal of refrigerant to account for
seasonal variance. If the amount added is equal to or less than the
amount removed in the previous season, but an additional amount is
added in close proximity (typically within a few days to a few weeks)
to the addition being counted as a seasonal variance, it would be
considered part of the same refrigerant addition unless the owner or
operator could document a leak.
EPA is proposing at Sec. 82.157(c) to recognize that the leak rate
does not need to be calculated when adding refrigerant to account for a
seasonal variance. Both the addition and subsequent removal of
refrigerant due to seasonal variances must be documented. Such
additions and removals would already be accounted for in service
records provided by the technician to the owner/operator. EPA is
proposing to state the recordkeeping requirement explicitly in Sec.
82.157(l)(4).
EPA proposed to allow for seasonal variance in the proposed 2010
Leak Repair Rule and received two comments on that rule. One commenter
indicated support, while the other commented that the amount added in
one season may not always match the amount removed later in the year,
but provided no additional support for this assertion.
EPA seeks comments on the need for a limited exclusion to the
requirement to calculate the leak rate upon addition of refrigerant for
seasonal variance. EPA also seeks comment on whether the seasonal
variance provision should be a limited exclusion from the requirement
to calculate leaks as discussed above, or

[[Page 69495]]

if the provision should establish a two-step test. First, the owner or
operator would have to determine if the amount added is equal to or
less than the amount removed from the appliance in the previous season.
If the amount was lower, they would not have to calculate the leak
rate. If it was above, they would have to calculate the leak rate for
the appliance using the difference between the amount added and the
amount removed in the previous season. EPA also seeks comments on the
need to document the capacity of the receiver, as well as a requirement
making the exemption contingent upon an equivalent amount of
refrigerant being removed and added over a consecutive 12-month period.
9. Appliance Repair
The existing required practices at Sec. 82.156(i) generally
require owners or operators of IPR (Sec. 82.156(i)(2)), comfort
cooling appliances (Sec. 82.156(i)(5)), and commercial refrigeration
appliances (Sec. 82.156(i)(1)) with refrigerant charges of more than
50 pounds to repair leaks within 30 days, unless owners or operators
decide to immediately retrofit or retire the appliance. Retrofit or
retirement plans must be developed within 30 days of discovering the
leak and must be fully implemented within one year of the plan's date.
For those appliances not undergoing retrofit or retirement, the repairs
must bring the leak rate to below the current applicable leak rate of
35 or 15 percent.
This existing requirement has allowed a scenario where owners or
operators could decide to not repair all known leaks within an
appliance, as long as repair efforts brought the leak rate of the
appliance below the applicable leak rate. The challenge with such a
scenario is that owners or operators may assume that they have done
sufficient repairs to comply with the leak repair requirements, or may
be in temporary compliance, but may find themselves out of compliance
if they are mistaken about what the current leak rate was such that the
repair was not sufficient, or if another leak resulting in a calculated
leak rate greater than the applicable leak rate occurs shortly after
the initial repair effort was completed.
EPA is proposing to require the repair of all identified leaks once
the applicable leak rate at Sec. 82.157(d)(2) is exceeded, not just
repairs sufficient to bring the leak rate below the applicable leak
rate. Leaving some appliance leaks unaddressed in such situations does
not reduce emissions of refrigerants to the lowest achievable level and
does not prevent knowing releases of refrigerant during current or
future maintenance, service, or repair. Since selective repairs can
result in preventable refrigerant emissions, and therefore knowing
releases of refrigerant to the atmosphere, with associated human health
and environmental effects, and may be inconsistent with the venting
prohibition, EPA is proposing to require that owners or operators of
appliances normally containing 50 or more pounds of refrigerant repair
all identified leaks within 30 days of exceeding the applicable leak
rate.
If finalized, this revision would mean that appliance owners or
operators cannot be selective about repairs made to appliances that
leak in excess of the applicable leak rate. This will remove ambiguity
concerning compliance with the leak repair requirements and remove
potential questions that could arise as to whether a repair attempt was
sufficient to comply with the rules.
Many owners or operators (particularly of commercial refrigeration
appliances and IPR) have stated that they always repair leaks, and must
do so for their businesses to remain viable. EPA agrees that many
businesses depend on the prompt repair of leaks and that it may not be
in the financial interest of many appliance owners or operators to
allow their appliances to continue to leak. However, there are
appliance owners and operators that do not take appropriate steps to
minimize refrigerant leaks. Hence, the Agency views the leak repair
requirements as both a backstop to current repair practices for
appliances that are well maintained, and necessary to ensure that
refrigerant leaks during maintenance, service, and repair are kept to
the lowest achievable level for appliances that are not as well
maintained.
EPA reviewed comments received on the proposed 2010 Leak Repair
Rule during the development of this proposal. The comments tend to fall
into three categories: Practicality of fixing all leaks; time needed to
fix all leaks; and clarification on when all leaks must be fixed.
First, on the practicality of fixing all leaks, several commenters
noted that some leaks cannot be identified without shutting down and
fully evacuating and inspecting an appliance. Others noted that some
leaks may be trivial and located on seals, gaskets, valves, and
fittings where leakage occurs regardless of repairs. One commenter
stated that all leaks should be fixed regardless of the location.
Others raised concern about the cost and the diminishing value of
fixing ever smaller leaks. Several of these commenters recommended the
Agency focus on ``identified'' or ``known'' leaks, or alternatively, on
setting the requirement at ``making a best effort'' to repair all
leaks.
In considering these comments, EPA is proposing to require a leak
inspection whenever the applicable leak rate is exceeded. EPA is not
proposing to require evacuating or shutting down the appliance to
conduct that leak inspection, although that would be an option
available to owners and operators. The leak inspection would involve
identifying and creating a record of leaks that must be repaired within
30 days. EPA recognizes that a small amount of refrigerant can migrate
from an appliance even if the refrigerant circuit is unbroken. EPA is
seeking comments on whether the agency should create a limited
exception, which would provide that if upon further inspection (through
bubble tests or other means), sound professional judgment indicates an
individual identified leak is not the result of a faulty component or
connection and that refrigerant releases would not be reduced from
repair or adjustment, the leak would not need to be repaired. If this
proposal is finalized, EPA would likely require that the justification
for the determination be noted in the appliance's service records. EPA
notes that there are certain types of situations that would never meet
these conditions, including but not limited to when a component has
holes, cracks, or improperly seated seals. All other leaks would still
need to be repaired if the applicable leak rate is exceeded.
In addition to reducing emissions of high-GWP and ozone-depleting
refrigerants, a refrigerant management program saves money in
refrigerant and potentially energy expenses. EPA discusses the costs
and savings later in this preamble, but preventive maintenance can save
a significant amount of money even when factoring in the added cost of
a more vigilant refrigerant management program, especially as the cost
of some refrigerants such as HCFC-22 rises. Proposals to require repair
of all identified leaks and conduct periodic leak inspections should
incentivize owners and operators to develop a refrigerant management
plan to proactively fix leaks before they become big enough to exceed
the applicable leak rate. EPA's experience with several recent consent
decrees indicates leak rates, even in complicated IPR applications, can
be brought below the applicable leak rates proposed in this rule with a
refrigerant management program that identifies and fixes leaks early.

[[Page 69496]]

Finally, it is possible that some leaks may not be fixable in 30
days. Later in this notice, EPA discusses the possible extensions to
the 30-day leak repair requirement, including allowing these extensions
for the repair of commercial refrigeration and comfort cooling
appliances. Regardless, owners and operators should be fixing leaks as
a normal course of business, which would largely prevent many of these
requirements from ever being triggered. As noted above, the periodic
leak inspections would help identify leaks earlier for repair, before
those leaks are big enough to exceed the applicable leak rate.
EPA requests comments on the proposed requirement to repair all
identified leaks when the appliance leaks above the applicable leak
rate.
10. Verification Tests
Verification tests are performed on appliances after they are
repaired to ensure that leaks have been fixed. The regulation at Sec.
82.156(i)(3) currently requires verification tests only for repairs to
IPR and Federally-owned commercial and comfort cooling appliances
containing an ODS refrigerant and only when extensions to the 30 day
deadline (or 120 day deadline when an IPR shutdown is required) are
needed. Limiting the verification tests to such a narrow set of
appliances is problematic, so EPA is proposing that all repairs should
be verified.
First, the lack of verification may leave owners or operators of
comfort cooling and commercial refrigeration appliances uncertain as to
whether their repair efforts have brought them into compliance with the
leak repair requirements. A lack of verification could allow for
insufficient or incomplete repairs, which could lead to ongoing or
future leaks during maintenance, service, or repair. Ongoing leaks,
especially when they are at the same location or component in the
appliance, could result in noncompliance with the current requirements
if repairs did not actually bring the leak rate of the entire appliance
beneath the applicable leak rate.
Second, EPA has considered the burden of conducting verification
tests on all types of equipment and addresses that issue below. EPA
cannot identify a reason why the burden could more easily be borne in
those narrow circumstances in which verification is currently required
by the regulations, given that some type of verification is generally a
standard practice across all types of appliances. Third, the
environmental benefit of verifying repairs applies to comfort cooling
and commercial refrigeration appliances as well as IPR.
Therefore, EPA is proposing to require at 82.157(f) that owners or
operators of all types of appliances that are subject to the leak
repair requirements (including those using an ODS or non-exempt
substitute refrigerant) perform both an initial and follow-up
verification of repairs every time the applicable leak rate is exceeded
(unless a retrofit or retirement plan is being developed).
EPA sought comments on this same proposal in the proposed 2010 Leak
Repair Rule and received three comments. All were in support of
extending verification tests to all covered appliances. EPA again seeks
comments on requiring verification tests on all appliances normally
containing 50 or more pounds of refrigerant. EPA sees a potential
benefit in requiring both an initial and follow-up verification test to
ensure a leak is repaired and that the repair will hold. EPA seeks
comments whether both an initial and follow-up verification test are
needed in all situations and seeks comments on requiring a minimum time
between tests such as one to three hours to allow an appliance to
return to normal operating characteristics and conditions.
EPA is also clarifying that owners or operators may conduct as many
repair attempts as needed within the initial 30 days (or longer if an
extension is available) to repair the appliance. Consequently, the
Agency is proposing to explicitly allow unlimited verification tests
within the required repair window. This is discussed further in the
preamble section on retrofit and retirement plans.
The Agency understands that most technicians pressure check
appliances immediately following repairs. EPA is proposing that such
pressure checks would satisfy the initial verification requirements.
EPA's concern is that follow-up verifications may not be a part of
normal operating procedures for all repairs. Follow-up verifications
require a technician to perform a second test after the appliance has
returned to normal operating characteristics and conditions. A follow-
up verification is an indicator of the success of repairs. Thus, EPA
intends to require such verification for all appliances that have
leaked refrigerant above the applicable leak rate.
EPA currently has not set a minimum amount of time that must pass
between the initial and follow-up verifications. In the proposed 2010
Leak Repair Rule EPA proposed that the two tests be separated by at
least 24 hours. Based on comments to that rule, the Agency is taking
comment in this action on whether a shorter time such as one to three
hours after the appliance is brought back on-line would be more
appropriate. Regardless of whether EPA specifies an amount of time that
must pass, all follow-up verification tests must take place after the
appliance has returned to normal operating characteristics and
conditions--both currently for IPR, and under the proposed change to
require verification tests for repairs on all types of appliances with
50 or more pounds of class I, class II, or substitute refrigerant. EPA
is also proposing to require follow-up verification tests to occur
within 10 days of the successful initial verification test or 10 days
of the appliance reaching normal operating characteristics and
conditions.
11. Extensions to the 30-Day (or 120-Day) Repair Requirement
EPA currently provides extensions to the repair or retrofit/
retirement deadlines for IPR and Federally-owned appliances under
certain conditions. EPA has identified four conditions that exist in
the current regulations:
The appliance is mothballed (available for all appliances)
(Sec. 82.156(i)(10));
The appliance is located in an area subject to
radiological contamination or where shutting down the appliance will
directly lead to radiological contamination (available for Federally-
owned appliances) (Sec. 82.156(i)(1)(ii) and (i)(5)(ii));
Applicable Federal, state, or local regulations make a
repair within 30 or 120 days impossible (available for IPR) (Sec.
82.156(i)(2)(i)); or
Parts are unavailable (available for IPR) (Sec.
82.156(i)(2)(i)).
While not an extension, IPR facilities are also allowed an initial
repair period of 120 days rather than 30 days if an industrial process
shutdown is required to complete the repair. In addition, an exemption
to the repair requirement is allowed for all types of appliances if a
dated retrofit or retirement plan is developed and is implemented
within one year of the date developed.
EPA is proposing at Sec. 82.157(g) to make these extensions to the
repair deadlines available to all appliance categories. EPA has heard
from owners of commercial refrigeration appliances, for example, that
they occasionally are unable to complete a repair due to the temporary
unavailability of a component. They were therefore required to develop
a retrofit and retirement plan even though a

[[Page 69497]]

component could be acquired shortly after 30 days. While IPR may
require custom components, the need for components is not unique to
IPR. It does not make sense to require the retrofit or retirement of an
appliance that can be repaired in situations such as when a single
component is the problem and can be procured shortly after 30 days.
The extension for the delivery of components is open-ended in the
current regulation. While the regulation provides only the additional
time needed to receive delivery of the necessary parts, it does not set
an outer limit for delivery nor does it clearly provide time to install
the components once received. EPA is proposing at Sec.
82.157(g)(1)(iii) to modify the extension so that the owner or operator
must complete the repair within 30 days after receiving delivery of the
necessary part and the total extension may not exceed 180 days (or 270
days if an IPR shutdown is required). As proposed, this extension may
be more stringent for IPR because IPR owners/operators would be time-
limited in conducting those repairs. EPA is not proposing to change the
open-ended nature of the extensions due to radiological contamination
or compliance with applicable Federal, state, or local regulations.
To qualify for an extension, owners or operators must perform all
repairs that can be completed within the initial 30 or 120 day period.
All repairs must be verified if possible and the owner or operator must
document all such repair efforts. The owner or operator must maintain a
written statement from the appliance or component manufacturer or
distributor stating the unavailability of parts and the expected
delivery date as part of the reason why more than 30 days are needed.
EPA is not proposing to change the elements of the request for an
extension that is submitted to EPA. Requests must continue to include:
Identification and address of the facility; the name of the owner or
operator of the appliance; the leak rate; the method used to determine
the leak rate and full charge; the date a leak rate above the
applicable leak rate was discovered; the location of leak(s) to the
extent determined to date; any repair work that has been performed thus
far, including the date that work was completed; the reasons why more
than 30 days are needed to complete the repair; and an estimate of when
the work will be completed. If requesting an extension to the earlier
submitted completion date, a new estimated date of completion and
documentation of the reason for that change must be submitted to EPA
within 30 days. The owner or operator must keep a dated copy of this
submission and proof that it was submitted.
EPA requests comments on applying the extensions to all appliance
types, including whether such extensions should not be extended to
certain appliances. EPA also seeks comments on the scope and amount of
time allowed for each extension, and whether there are additional
extension types that the Agency should consider allowing. Commenters
supporting the creation of a new extension should provide detailed
reasoning and cost implications (both for the environment and an owner/
operator) in their comment.
12. Retrofit or Retirement Plans
EPA's regulations at Sec. 82.156(i)(6) currently require an owner
or operator of an appliance that exceeds the applicable leak rate to
develop and implement a retrofit or retirement plan generally within 30
days if they are unable to repair the leak. EPA is proposing at Sec.
82.157(h) three changes to the retrofit/retirement provision. First,
EPA is proposing to remove the requirement to retrofit an appliance
after a failed follow-up verification test. EPA is proposing to replace
that provision with a requirement to retrofit an appliance if the owner
or operator is unable to repair all identified leaks within 30 days
after discovering the applicable leak rate is exceeded (unless
additional time is allowed under one of the proposed extensions).
Second, EPA is proposing to remove the requirement to use a substitute
with a lower or equivalent ODP. Third, EPA is proposing to establish
explicit elements of a retrofit/retirement plan. These three proposals
are discussed below.
Failed Verification Tests. EPA's regulations currently require
owners or operators of IPR using an ODS refrigerant that have failed a
follow-up verification test to develop a retrofit or retirement plan
within 30 days of the failed verification test and implement the plan
within one year. Under these plans, owners or operators must identify
how and when they will retire or retrofit their appliance. Owners or
operators of comfort cooling and commercial refrigeration appliances
are currently not required to perform verification tests and, in lieu
of making repairs within 30 days, are given the option to draft and
implement a retrofit or retirement plan within 30 days of discovering a
leak rate greater than the applicable leak rate.
EPA has heard concerns from appliance owners/operators that the
requirement to retrofit or retire an entire appliance because it has
failed a verification test may not always be practical or necessary.
For example, some owners or operators would prefer to replace a faulty
component before they are required to retrofit or retire an entire
appliance and believe this could in many instances be an equally
effective means to address needed repairs. The Agency wishes to reduce
the potentially large burden upon owners or operators of requiring a
large-scale retrofit or retirement when replacing the leaking component
might satisfactorily repair the appliance. Therefore, EPA is proposing
to provide an owner or operator additional flexibility if they are
unable to initially fix all identified leaks after discovering the
applicable leak rate is exceeded.
This proposal would allow owners or operators to attempt as many
repairs as necessary within the initial 30 days of discovering that an
appliance's leak rate exceeds the applicable leak rate. This could
include replacing a component. If that component cannot arrive within
the initial 30 day period, the owner or operator could request
additional time under the proposed provisions related to extensions
discussed previously in this preamble. An owner or operator of an
appliance would only have to retrofit or retire the appliance if the
component replacement was unsuccessful and they could not repair all
leaks that were identified in the leak inspection triggered by
discovering that the applicable leak rate was exceeded.
This approach is based, in part, on feedback received from past
proposals. In comments on the proposed 2010 Leak Repair Rule, several
commenters supported additional flexibility to conduct repairs and/or
component replacements before being required to retrofit or retire an
appliance. Stakeholders have stated that a facility should be allowed
an unlimited number of repair attempts to equipment within the 30 day
time period. These stakeholders supported an option in the proposed
2010 Leak Repair Rule that would have allowed additional flexibility to
replace components before being required to retrofit or retire a
leaking appliance. The approach proposed in today's notice provides
similar flexibility.
Because the retrofit/retirement plan requirements allow an
appliance to leak without repairs for up to a year (in addition to
extension opportunities), this change would likely increase the speed
at which appliance repairs take place, thereby reducing emissions of
refrigerants. This proposal also would eliminate the possibility of
mandatory retrofitting or retirement in cases where it might not be
warranted because the owner or operator would have the

[[Page 69498]]

flexibility to determine if component replacement would be the best
means of addressing a leaking appliance.
As discussed in the prior section, EPA is proposing to extend the
requirement for verification tests to repairs made by owners or
operators of commercial refrigeration and comfort cooling appliances
using both an ODS and non-exempt substitute refrigerant. EPA is also
proposing to extend the approach to retrofit and retirement described
above to owners or operators of commercial refrigeration and comfort
cooling appliances. Extending this approach to all appliances will
reduce refrigerant emissions while establishing a consistent set of
regulatory required practices.
Retrofit/Retirement ODP. EPA's regulations currently require that
appliances containing an ODS refrigerant, when being retrofitted or
retired/replaced, use a refrigerant with an equivalent or lower ODP.
EPA created this provision to foster the transition from refrigerants
with high ODPs to ones with a lower ODP. EPA is proposing to remove
this requirement and allow for retrofits or retired/replaced appliances
to use any refrigerant (other than the one currently used in that
appliance in the case of retrofits), so long as it is acceptable for
use by SNAP. This change would not relax the current requirements with
respect to HCFCs since the regulations implementing sections 605 and
606 of the CAA already prohibit the manufacture (and therefore
installation) of appliances using virgin HCFCs (as of January 1, 2010,
for HCFC-142b and HCFC-22; and as of January 1, 2020, for other HCFCs).
Requiring the use of a refrigerant with a lower or equivalent ODP could
be problematic if the requirement were read strictly because some HFO
refrigerants that are not classified as an ODS have an ODP even though
the ODP is negligible. For example, HFO-1233zd(E) has an ODP between
0.00024 to 0.00034 and a GWP between 4.7 to 7 (see 77 FR 47768). Under
a strict interpretation, if an owner/operator wanted to replace an R-
134a chiller with an HFO-1233zd(E) chiller in future, he/she would not
be able to switch from R-134a, which has an ODP of zero, to the HFO
since the HFO has an ODP that, though negligible, is higher than zero.
This could prevent transition to low-GWP alternatives.
EPA also wishes to clarify that the current requirement to retrofit
with a refrigerant of the same or lower ODP does not mean that the same
refrigerant can be used. Such actions do not satisfy the regulatory
intent or the proposed definition of ``retrofit.'' The requirement to
retrofit means the owner or operator must switch refrigerants. While
the Agency is proposing to allow flexibility in refrigerant choices,
the intent is not to allow the continued use of the same refrigerant in
the retrofitted appliance. In cases where the owner/operator wants to
use the same refrigerant and that refrigerant can continue to be used
consistent with other applicable statutory and regulatory requirements,
the owner/operator would have the option of retiring and replacing the
appliance.
If an owner/operator chooses to retire and replace a system, EPA is
not proposing to require under Subpart F that a different refrigerant
be used because eventually there may not be a refrigerant to switch to
that is better for the environment. At this time, EPA intends to rely
on other 40 CFR part 82 regulatory requirements that do prohibit the
use of some refrigerants, (e.g., the prohibition on manufacture of
systems using HCFC-22 under subpart A).
Elements of a Retrofit or Retirement Plan. Stakeholders have asked
EPA what should be included in a retrofit or retirement plan. The
Agency has not previously provided a specific list of elements to be
included due to the complex nature of refrigeration appliances. An
exhaustive list may not fit all types of appliances considering the
wide array of configurations and refrigerant choices. However, EPA
finds merit in specifying a minimum set of information that is likely
to be needed during any type of retrofit or retirement.
EPA is proposing at Sec. 82.157(h)(2) to require that a retrofit
or retirement plan include the following minimum set of information:
Identification and location of the appliance;
Type (i.e. ASHRAE number) and full charge of the
refrigerant currently used in the appliance;
Type (i.e. ASHRAE number) and full charge of the
refrigerant to which the appliance will be converted, if retrofitted;
Itemized procedure for converting the appliance to the new
refrigerant, including changes required for compatibility (for example,
procedure for flushing old refrigerant and lubricant; and changes in
lubricants, filters, gaskets, o-rings, and valves), if retrofitted;
Plan for the disposition of recovered refrigerant;
Plan for the disposition of the appliance, if retired; and
One-year schedule for completion of the appliance retrofit
or retirement.
Such requirements are a minimum of what should be considered by any
owner or operator when retrofitting or retiring a leaking appliance. A
retrofit or retirement plan may contain additional elements related to
the specific characteristics of that appliance but EPA is not proposing
requirements for those elements because they would more appropriately
be determined on a case-by-case basis.
The Agency's preference would be to have a complete plan developed
within 30 days. However, EPA recognizes that some information may not
be available in that timeframe. For example, owners or operators may
not know within the allotted time frame what the itemized procedure
will be until they finalize plans for the retrofit or retirement. Under
the itemized procedure heading, EPA is considering whether to allow
owners or operators to include a placeholder such as ``Engineer
consulted to evaluate retrofit and replacement options on [X] date.
Engineers report expected in three months.'' Shortly after that report
is delivered, the owner or operator would need to update the plan
accordingly to indicate the procedure for retrofit or retirement and
replacement.
EPA seeks comments on these proposed changes to the retrofit and
retirement plans including the following questions: Should EPA allow
for multiple repairs within the 30 day repair window? Should EPA apply
the proposed changes to all appliance types? Should EPA remove the
requirement to switch to a refrigerant with a lower or equivalent ODP?
Should EPA require the use of a refrigerant with a lower or equivalent
GWP?
The Agency also requests comments on the proposed minimum
requirements of a retrofit or retirement plan. Are there other factors
that should be considered when developing a retrofit/retirement plan?
Is this information available within 30 days of deciding to retrofit or
retire an appliance? Should EPA allow for the retrofit/retirement plan
to have placeholders for some elements until the information is
available, by noting specific actions that are needed to accurately
document the plan?
13. Extensions To Retrofit or Retire Appliances
Under the current regulations at Sec. 82.156(i)(6), an owner or
operator must generally complete the retrofit or retirement of a
leaking appliance containing an ODS within one year of creating a
retrofit or retirement plan. There are extensions available in the
following circumstances:
If delays are caused by requirements of other applicable

[[Page 69499]]

Federal, state, or local laws or regulations (available for IPR);
If a suitable replacement refrigerant with a lower ODP is
unavailable (available for IPR);
If the supplier of the appliance or a critical component
has quoted a delivery time of more than 30 weeks from when the order is
placed (available for IPR);
If complications presented by the appropriations and/or
procurement process results in a delivery time of more than 30 weeks
(available for Federally-owned appliances); or
If the appliance is located in an area subject to
radiological contamination and creating a safe working environment will
require more than 30 weeks (available for Federally-owned appliances).
EPA is proposing at Sec. 82.157(i) four substantive changes to
these extensions. First, as in all other leak repair provisions, EPA is
proposing to apply these extensions to appliances containing non-exempt
substitute refrigerants. As discussed in section III of this notice,
providing a consistent standard for ODS and substitute refrigerants
will facilitate the recovery of both ODS and non-ODS refrigerants and
reduce the environmental harm caused by the emissions of these
refrigerants.
Second, EPA is proposing to remove the extension offered when a
suitable replacement refrigerant with a lower ODP is not available. EPA
established this extension because there were certain applications
using CFCs that did not have a suitable HCFC substitute. Today, there
are many more substitutes for ODS refrigerants than when EPA
established the refrigerant management program. In fact, few appliances
can be newly-installed or retrofitted with virgin ODS because of the
HCFC use restrictions implementing sections 605-606 of the CAA. As
discussed above, EPA is not requiring that a retrofit use a refrigerant
with a similar or lower ODP. Therefore, the rationale for this
extension no longer exists. Because EPA is proposing to remove this
requirement, EPA is also proposing to remove from the definitions in
Sec. 82.154 the term suitable replacement refrigerant.
Third, EPA is also proposing a new extension at Sec. 82.157(i)(1)
if the appliance is to be retrofitted to or replaced with a refrigerant
that is exempt from the venting prohibition as listed in Sec.
82.154(a). In that situation, EPA is proposing to allow an extension up
to 18 months. Whereas the existing extensions are only available to IPR
and Federally-owned appliances, EPA is proposing to make this
extension, and all other extensions, available to comfort cooling and
commercial refrigeration appliances as well.
Section 608(a)(3) provides authority to EPA to issue regulations
that may include requirements to use alternative substances to ODS.
Given this authority, and the distinction between exempt and non-exempt
substitutes in section 612(c), the Agency is taking action to encourage
the use of substances that do not pose a threat to the environment when
released. Since many refrigerants have an ODP, a high GWP, or both, it
is appropriate to allow more time to install a refrigerant that is
exempt from the venting prohibition as an incentive for that type of
transition. The refrigerants that are exempt from the venting
prohibition, such as carbon dioxide (R-744), and the hydrocarbon
refrigerants propane (R-290), isobutane (R-600a), and R-441A in certain
uses, have no ODP and low GWPs ranging from one to eight. While the
Agency would be allowing for potentially greater emissions in the short
term by not requiring all repairs be completed for the 18 months
allowed for a replacement with an exempt substitute, once the new
appliance is installed, it will be using a zero ODP and very low-GWP
refrigerant that does not pose a threat to the environment for a much
longer period than the 18 month extension.
Fourth, while not an extension, per se, the current regulations at
Sec. 82.156(i)(3)(v) relieve owners and operators of IPR appliances of
the requirement to retrofit or retire their appliances if they
establish that the appliance's leak rate is below the applicable rate
within 180 days of an initial failed follow-up verification test and
they notify EPA within 30 days of that determination. Affected entities
must report to EPA when they use this exemption and EPA has not
received any reports on the subject in at least the last three to five
years. Therefore, EPA is proposing to remove this exception entirely.
The other proposed extensions, in particular the extension to receive a
replacement component, should provide sufficient flexibility for IPR
and other appliances.
EPA seeks comments on its proposals to restructure and simplify the
extensions to retrofit or retire appliances. EPA also seeks comments on
its proposal to remove the extension for transitioning to a suitable
replacement refrigerant and the removal of Sec. 82.156(i)(3)(v) as
well as creating an extension for transitioning to a substitute
refrigerant that is exempt from the venting prohibition.
14. Recordkeeping and Reporting
EPA is proposing to create a recordkeeping and reporting paragraph
at Sec. 82.157(m) to make these requirements easier to identify. Many
of these requirements are identical to those currently included at
Sec. 82.166 for appliances containing ODS. In summary, EPA is
proposing to establish the following recordkeeping requirements for
owners and operators of appliances normally containing 50 or more
pounds of class I, class II, or substitute refrigerant:
Maintain documentation from leak inspections or that an
automatic leak detection system is installed and inspected annually and
recalibrated as needed in accordance with the leak inspection
requirements;
Maintain leak inspection extension requests submitted to
EPA.
Maintain records documenting the full charge of
appliances;
Maintain invoices or other documentation when refrigerant
is added or removed from an appliance, when a leak inspection is
performed, and when a verification test is conducted, and when service
or maintenance is performed;
Maintain retrofit and/or retirement plans;
Maintain retrofit and/or extension requests submitted to
EPA;
Maintain records documenting when the system was
mothballed and when it was brought back on-line (i.e. refrigerant was
added back into the appliance);
Maintain records of purged refrigerant if excluding such
refrigerant from the leak rate; and
Maintain all of the above-listed records for a minimum of
three years.
Additionally, the proposed revisions would require persons
servicing, maintaining, repairing, or disposing of such appliances to
provide the owner or operator of such appliances with an invoice or
other documentation when refrigerant is added or removed from an
appliance, when a leak inspection is performed, and when a verification
test is conducted, and when service or maintenance is performed.
Stakeholders have also told EPA that the Agency should make
explicit our view that records can be kept electronically. EPA
recognizes that many companies employ electronic databases to store and
track records. An electronic recordkeeping system has advantages to
paper records, and EPA encourages owners and operators of appliances to
use one of these systems to track refrigerant additions and other
required records. Electronic systems

[[Page 69500]]

allow for more comprehensive refrigerant management and can help
identify leaky appliances earlier. Given that fact, EPA is proposing to
explicitly allow for electronic records. These records must still be
accessible onsite if an EPA inspector visits a facility, but they can
also be downloaded or printed from an online system if necessary.
Having records accessible onsite is also important to facilitate
accurate calculation of the leak rate by technicians.
For reporting, EPA is proposing to require that all reports be
submitted to EPA via email at 608reports@epa.gov. If the submission
contains confidential business information, reports can be mailed to
the address in Sec. 82.160. This should reduce costs and streamline
the reporting process. It is also consistent with EPA's Next Generation
Compliance initiative. EPA is also proposing to require reporting in
the following circumstances:
If the owner or operator is requesting an extension to the
30-day (or 120-day) requirement to complete repairs pursuant to the
proposed Sec. 82.157(g);
If the owner or operator is requesting an extension to
complete a retrofit or retirement of an appliance pursuant to the
proposed Sec. 82.157(i); or
If the owner or operator is excluding purged refrigerants
that are destroyed from annual leak rate calculations pursuant to the
proposed Sec. 82.157(k).
If the owner or operator is submitting an extension
request to EPA to conduct leak inspections less frequently pursuant to
the proposed Sec. 82.157(b)(5).
These proposed records and reports are essential to ensure
compliance with section 608 of the CAA. EPA seeks comments on the
specific recordkeeping and reporting requirements in Sec. 82.157(l)
and (m). EPA also seeks comments on the changes to require electronic
reporting and to allow and encourage electronic recordkeeping, so long
as it is accessible at each facility regulated by these requirements
during an onsite inspection.

G. Proposed Changes to the Standards for Recovery and/or Recycling
Equipment in Section 82.158

1. Background
Currently, all ODS refrigerant recovery and/or recycling equipment
manufactured or imported on or after November 15, 1993, and used during
the maintenance, service, repair, or disposal of appliances must be
certified by an approved equipment testing organization to ensure that
it meets certain performance standards. These standards may vary for
certain equipment intended for use with the disposal of small
appliances. These performance standards are currently found in tables 2
and 3 of Sec. 82.158, as well as appendix B1, B2, and C of subpart F.
EPA based these standards in large part on ARI (now AHRI) Standard 740-
1993 and ARI Standard 740-1995. Recovery and/or recycling equipment
intended for use during the maintenance, service, repair, or disposal
of MVAC and MVAC-like appliances must meet the standards in subpart B.
The regulations in subpart F simply refer to that subpart and state
that the such recovery and/or recycling equipment must meet the
standards of Sec. 82.36(a).
2. Extension to Substitute Refrigerants
EPA is proposing to require that all recovery and/or recycling
equipment used during the maintenance, service, repair, or disposal of
appliances, other than MVACs and MVAC-like appliances, that contain
non-exempt substitute refrigerants also be certified by an approved
equipment testing organization that it meets certain performance
standards. EPA is proposing to allow all recovery and/or recycling
equipment that met certification requirements for ODS prior to this
rulemaking to be certified for non-exempt substitute refrigerants.
Since most recovery equipment is already certified for use with non-
exempt substitute refrigerants, this proposal would merely update the
standards to reflect current practices.
EPA is also proposing to add appendices B3 and B4, based on the
AHRI Standard 740-2015, Performance Rating of Refrigerant Recovery
Equipment and Recovery/Recycling Equipment. All new equipment
manufactured or imported on or after the effective date of this rule
would be required to meet the standards in appendix B and table 2. The
evacuation level would depend upon the saturation pressure of the
refrigerant. EPA is also proposing to update appendix C ``Method for
Testing Recovery Devices for Use with Small Appliances'' to reference
all refrigerants, instead of the currently referenced CFC-12.
Certifying refrigerant recovery and/or recycling equipment for use
with non-exempt substitutes serves multiple purposes. First,
certification would provide reliable information on the ability of
equipment to minimize emissions of these substitute refrigerants, by
measuring and/or establishing standards for recovery efficiency (vacuum
level) and maximum emissions from air purging, oil draining, equipment
clearing, and hose permeation. Second, certification would provide
reliable information on the equipment's ability to clear itself when
switching between refrigerants. Without sufficient clearing capability,
equipment may retain residual refrigerant in its condenser, which would
then be mixed with the next batch of refrigerant recovered by the
equipment. Because mixed refrigerant can be difficult if not impossible
to reclaim (depending on how cross-contaminated the mixed refrigerant
is) and expensive to destroy, it is much more likely than unmixed
refrigerant to be vented to the atmosphere. Third, certification would
provide reliable information on the equipment's recovery speed. Without
such information, technicians may purchase equipment that recovers too
slowly, tempting them to interrupt recovery before it is complete. As
discussed in the 1993 Rule, where EPA established the equipment
certification requirements, the information on equipment performance
provided by an independent third-party testing organization is more
reliable than that provided by other sources, such as equipment
manufacturers (58 FR 28686-28687).
Certification of recovery equipment used with non-exempt substitute
refrigerants would also maximize recycling and minimize emissions of
ODS refrigerants. There is no physical difference between ozone-
depleting refrigerants and their fluorocarbon substitutes that would
prevent a technician from purchasing and using HFC recovery equipment
on CFCs or HCFCs, except in the case of flammable refrigerants.
Because different treatment is warranted for flammable
refrigerants, EPA is proposing to add standards for the recovery of
flammable non-exempt refrigerants. Currently, EPA is only aware of two
flammable non-exempt substitute refrigerants that are approved for use
in stationary refrigeration and air-conditioning equipment: HFC-32 and
HFO-1234ze(E). However, EPA expects this number to grow in the future.
Additionally, EPA notes that the AHRI Standard 740-2015 that is being
used as the basis for the recycling and/or recovery equipment
requirements in appendix B3 does not apply to flammable refrigerants.
To address this, EPA is proposing several options that could be used
for flammable non-exempt substitute refrigerants like HFC-32. EPA could
require that all recycling and/or recovery equipment used with

[[Page 69501]]

flammable non-exempt substitute refrigerants must:
--meet a new standard that requires the recovery/recycling performance
of appendix B3 (based on AHRI Standard 740-2015) and the safety
performance of Underwriters Laboratories (UL) Standard 1963, Supplement
SB--Requirements for Refrigerant Recovery/Recycling Equipment Intended
for Use with a Flammable Refrigerant;
--meet the standards in appendix C (80 percent of the refrigerant must
be recovered if the compressor is not functioning; 90 percent of
refrigerant must be recovered if the compressor is functioning);
--meet the requirements in a flammable refrigerant recovery standard
from another organization like the International Organization for
Standardization (ISO), AHRI, or ASHRAE, if available;
--use equipment that is certified for another refrigerant within the
same pressure category; or
--recover flammable refrigerants, but without a standard or
certification until standards are developed.
Creating an appendix B4 that combines the requirements of appendix
B3 with the requirements in Supplement SB of UL 1963 could be the most
appropriate option. EPA would incorporate certain aspects of UL 1963 by
reference and potentially modify the testing protocol in appendix B3 to
account for flammability concerns during testing.
When refrigerants are removed from the appliances, whether destined
for reclamation or disposal, they must be managed properly. One of the
first steps in proper management is to determine whether or not the
refrigerants are a hazardous waste under the Resource Conservation and
Recovery Act (RCRA) and its corresponding regulations. It is the
facility's responsibility to make this waste identification. Under the
regulations, a facility may either test the waste or use knowledge to
make this determination. If the material is determined to be a
hazardous waste, then the facility is a hazardous waste generator and
is subject to the generator regulations at 40 CFR part 261.5 or 40 CFR
part 262, depending on the amount of hazardous waste generated in a
month. For details on the Federal generator regulations, see https://www2.epa.gov/hwgenerators. Some spent alternative refrigerants such as
HFC-32 most likely exhibit the hazardous waste characteristic of
ignitability. This would also likely hold true for some exempt
substitute refrigerants, like propane and isobutane.
In the case of household appliances, repair and disposal of
hydrocarbon refrigerant would not be considered hazardous waste
management because the appliance is exempt under the household
hazardous waste exemption at 40 CFR 261.4(b)(1) (although States may
have more stringent regulations). However, a facility must be careful
not to mix the household hazardous waste with regulated hazardous waste
in order for the household appliances to remain exempt.
Certifying recovery and/or recycling equipment used with substitute
refrigerants is important to further implementing section 608(c)(2) and
608(a). In particular, the proposed revisions would make clear that
proper use of certified equipment would be considered a good faith
effort to recapture and recycle or safely dispose of non-exempt
substitute refrigerants when maintaining, servicing, repairing, or
disposing of an appliance, in order to comply with the prohibition on
venting of substitute refrigerants. Part of making a good faith effort
to recover such refrigerants involves using equipment that minimizes
emissions of substitute refrigerants and prevents the mixture of
substitute refrigerants and ODS refrigerants during the recovery and
recycling process. It also involves using equipment that recovers
refrigerant quickly enough that the recovery process can be completed
in a reasonable amount of time from a given appliance. Certification of
such equipment will help ensure that technicians use equipment that is
suited to these goals.
EPA requests comments on whether removing earlier appendices for
older equipment and using the updated AHRI standards for newly
certified recovery and/or recycling equipment is appropriate. EPA also
requests comments on its proposal to require all recovery and/or
recycling equipment used on appliances containing substitute
refrigerants (with the potential exception of flammable refrigerants)
to be certified by an independent third party and on the following
questions: What equipment is currently being used on appliances
containing substitutes? Would providing a uniform standard for recovery
and/or recycling equipment be beneficial to product manufacturers or
service technicians? Has mixing of ODS refrigerants and/or substitute
refrigerants been a problem using the currently available equipment?
Are there any recovery devices suitable for use with flammable non-
exempt refrigerants? Are there any other standards that EPA should
considers before finalizing recovery standards (i.e., ISO, AHRI,
ASHRAE)? EPA also seeks comment on what standards should be used for
the recycling and/or recovery of flammable non-exempt refrigerants like
HFC-32. Comments should address the safety and efficacy of the various
standards and whether the standard would facilitate or deter the use of
flammable refrigerants.
3. Clarifications and Edits for Readability
EPA is proposing to reorganize Sec. 82.158 by appliance type. EPA
is also proposing to combine tables 2 and 3. Table 2 contains the
levels of evacuation that must be achieved by recovery and/or recycling
equipment manufactured on or after November 15, 1993, and table 3
contains levels for equipment manufactured before that date. The
combined table removes inconsistencies in terminology and formatting.
EPA is also proposing to re-write Sec. 82.158 for clarity the
requirements for recovery equipment used on small appliances. In
general, the requirement is that the equipment is capable of recovering
90% of the refrigerant in the test stand when the compressor of the
test stand is operational and 80% of the refrigerant when the
compressor of the test stand is not operational. In addition, there are
secondary considerations that could allow for the certification of
recovery equipment based on when that equipment was manufactured or
imported. EPA's intent was to remove redundancy and not to change the
standards when modifying this section.
EPA notes that the existing term is ``operating'' rather than
``operational.'' EPA discusses this proposed change above in section
IV.D above where it describes the proposed changes to the evacuation
requirements for small appliances.
EPA is also proposing to remove a provision stating that EPA will
maintain a list of equipment certified under this section by
manufacturer and model. EPA is proposing instead to require that the
certified equipment testing organizations publish online a list of
equipment that meets EPA requirements. This proposal is discussed in
the next section of this notice.
4. Removing the Certification by Owners of Recovery and/or Recycling
Equipment
EPA currently requires under Sec. 82.162 that anyone who
maintains, services, repairs, or disposes of appliances containing an
ODS submit a signed statement to the appropriate EPA Regional office
stating that they own

[[Page 69502]]

recovery and/or recycling equipment and are complying with the
applicable requirements of subpart F. EPA is proposing to remove this
requirement.
EPA created this provision in 1993 when the Agency first required
that recovery and/or recycling equipment be certified and that
technicians use certified equipment. At the time, the use and
availability of recovery and/or recycling equipment was not as
commonplace as it is today. Equipment certification demonstrated to EPA
that equipment was available for use by certified technicians. In
particular EPA was interested in the capabilities of grandfathered, or
pre-1993, equipment. Since certified recovery and/or recycling
equipment is commonly available, EPA no longer needs the information
contained in the certification statement such as the number of service
trucks and personally identifiable information of equipment owners. EPA
is therefore proposing to remove this certification requirement. EPA
solicits comments on this proposed revision.

H. Proposed Changes for Equipment Testing Organizations in Section
82.160

EPA relies on independent third party organizations approved by the
EPA Administrator to certify that refrigerant recovery and/or recycling
equipment meets the standards in subpart F. Any equipment testing
organization may apply for approval so long as they can verify that
they have the expertise and technical capability to verify the
performance of the recovery and/or recycling equipment and have no
conflict of interest with the equipment manufacturers.
EPA is proposing to make only a few substantive changes to these
regulations. First and foremost, a certifying organization must have
expertise to certify any new equipment affected by this proposed rule.
Thus, an organization must be capable of certifying equipment that is
used to recover or recycle HFCs and other substitute refrigerants. EPA
is proposing to allow equipment certifying organizations that have
already been approved by EPA to continue certifying equipment without
need to re-apply. Organizations that are currently certified have
sufficient expertise because the same expertise is needed to test
equipment used on ODS and substitute refrigerants.
EPA is also proposing changes that would reduce the reporting
burden for these entities. EPA currently requires a list of all
certified equipment to be submitted to EPA within 30 days of the
organization's approval by EPA and annually at the end of each calendar
year thereafter. EPA is proposing to remove those requirements. EPA is
proposing instead to require that the certified equipment testing
organizations publish online a list of equipment that meets EPA
requirements. This list would include the manufacturer and the name
and/or serial number of a newly certified model line, which is the
information that the certifying organizations must currently provide to
EPA. This list must be updated no less than once per year, but an
organization can choose to update the list more frequently. Making the
information available online will be no more burdensome for the testing
organization than submitting the list to EPA. Online publication is
also a better method of communicating these findings to the public than
sending the information to EPA.
EPA is also encouraging the use of electronic reporting and has
established the email address 608reports@epa.gov to receive
applications from organizations seeking to be approved under this
section and notifications that a previously certified model fails to
meet the standards upon retesting. EPA is also proposing to remove
language in the regulation stating that applications must include
written information.
EPA requests comments on its proposal not to require equipment
certification companies to reapply for approval so as to be able to
certify equipment used with substitute refrigerants. EPA also requests
comments on the proposal to remove the existing reporting requirements
and instead require that certifying organizations publish lists of
certified equipment online.

I. Proposed Changes to the Technician Certification Requirements in
Section 82.161

1. Background
The regulations at Sec. 82.161 currently require the certification
of all individuals who service air-conditioning and refrigeration
equipment containing an ODS, other than MVACs, which are addressed
separately. This group includes installers, contractor employees, in-
house service personnel, and anyone else who performs installation,
service, maintenance, or repair that might reasonably have the
opportunity to release ODS refrigerants to the environment. In
addition, individuals disposing of air-conditioning and refrigeration
equipment other than small appliances, MVACs, and MVAC-like appliances
must be certified.
Technicians become certified by passing a test containing questions
drawn from a bank developed jointly by EPA and industry educational
organizations with a certification program approved by EPA. The test
includes questions on the role of CFCs and HCFCs in ozone depletion,
the requirements of the refrigerant recycling rule, and proper
techniques for recycling and conserving refrigerant. EPA makes the
question bank available to certifying organizations that demonstrate
that they can properly generate, track, and grade tests; issue
certificates; and keep records.
2. Extension to Substitute Refrigerants
EPA is proposing to extend the certification requirements for
technicians who work with ODS refrigerants to technicians who work with
non-exempt substitute refrigerants. Requiring certification of
technicians who work with non-exempt substitute refrigerants is
important to effectively implement and enforce both section 608(c) and
section 608(a)(2).
As discussed above, section 608(c) prohibits the knowing release of
substitute refrigerants during the service, maintenance, repair, or
disposal of appliances, except for de minimis releases associated with
``good faith attempts to recapture and recycle or safely dispose'' of
the refrigerants. Acts performed by an individual who has become a
certified technician that comply with the applicable regulatory
requirements would be defined as ``good faith attempts to recapture and
recycle or safely dispose'' and thus any associated releases would
qualify as de minimis. This interpretation is consistent with EPA's
interpretation of the same statutory language as it applies to ozone-
depleting refrigerants.
The technician certification program is one of the key elements in
ensuring the proper recapture and recycling of refrigerant. As stated
in the 1993 Rule establishing the program, a technician certification
program increases the probability that technicians receive adequate
training concerning the requirements of subpart F and the proper
operation of recycling equipment, leading to reduced emissions through
increased regulatory compliance. Certification does not prevent the
violation of the venting prohibition, but it improves the likelihood of
compliance through greater awareness. Certification also enhances EPA's
ability to enforce against intentional noncompliance by allowing the
Agency to revoke the technician's certification under the procedure in
Sec. 82.169. Finally,

[[Page 69503]]

certification increases fairness by seeking to ensure that all
technicians are complying with the provisions of subpart F.
Persons who are not certified technicians are far more likely to
intentionally or inadvertently release refrigerant. Certified
technicians are much more likely to understand how and why to recover
and recycle refrigerants and to have the proper equipment to do so.
Technician certification helps ensure that technicians are
knowledgeable in refrigerant recovery requirements and techniques. The
existing regulations do not specifically prohibit an untrained
individual from opening an air conditioner containing a substitute
refrigerant to add a substitute refrigerant (or potentially even an ODS
refrigerant, assuming a certified technician purchased the ODS
refrigerant) or replace components. While the venting prohibition still
applies, the individual may not even be aware that there is a
prohibition against venting refrigerant. Tips reported to the Agency
indicate this occurs. Requiring that anyone opening an appliance be a
certified technician will reduce emissions caused by uninformed service
personnel and will facilitate enforcement of the venting prohibition,
especially when coupled with the proposed recordkeeping requirement
discussed in section IV.D.3 of this notice.
Based on stakeholder input prior to this proposal, EPA is aware
that many companies require certification of their technicians
regardless of the type of refrigerant being used. The principles of
proper handling, recovery, and disposal of non-exempt substitute
refrigerants are similar if not identical to those for ODS
refrigerants, except that additional safeguards are advisable for
flammable refrigerants. The fact that some individuals may be working
on non-ODS appliances without certification and without following safe
handling practices places those most likely to minimize emissions at a
disadvantage. One goal of this rulemaking is to incentivize the proper
practices or at least remove disincentives to compliance and to
environmental protection. EPA is therefore proposing to require
certification for anyone working on an appliance where there is a
reasonable expectation that an ODS or non-exempt substitute refrigerant
will be released into the environment in the course of that work.
The mechanism by which EPA is extending the technician
certification requirement to appliances containing non-exempt
substitute refrigerants is through the amended definition of the terms
refrigerant and appliance. As discussed in the definition section, EPA
is proposing to update the term appliance to include substitutes in
addition to class I and class II substances. EPA is not proposing any
changes to the regulatory text in Sec. 82.161 to effectuate this
proposal.
EPA notes that this proposal would not extend the technician
certification requirement to individuals servicing or disposing of
appliances containing refrigerants that are exempt from the venting
prohibition. However, expanding the certification program to cover
those working on equipment containing non-exempt substitutes could
decrease the likelihood of untrained technicians working with equipment
containing any type of refrigerant, including hydrocarbons. Therefore,
individuals would not need to be certified under section 608 of the CAA
to work on hydrocarbons in those specific end-uses and appliances
approved under SNAP. EPA discusses whether the agency should initiate a
rulemaking in future to require certification of technicians using
exempt substitutes in Section VI of this preamble.
Consistent with the discussion in Section III above, requiring
certification for technicians who work with substitute refrigerants is
also necessary to implement the section 608(a) requirements for EPA to
promulgate regulations that reduce emissions of class I and II
refrigerants to the lowest achievable levels and maximize recapture and
recycling of such substances. Technician certification requirements for
handling substitute refrigerants would directly reduce some releases of
class I and II refrigerants. It would also protect against refrigerant
mixture, which otherwise is likely to cause additional releases of
class I and II refrigerants.
Failure to require technician certification may lead to increased
emissions and reduced recycling of ozone-depleting substances,
especially if the person who is violating the refrigerant circuit is
not aware of refrigerant recovery requirements and best practices.
Uncertified technicians working primarily with HFCs or other
substitutes may overlook the restrictions on their ability to work with
ozone-depleting refrigerants. Because of the absence of a certification
requirement for substitute refrigerants they might be unaware of the
existence or scope of the restrictions. Thus, they might fail to
recover or recycle class I and class II refrigerants properly, if at
all.
Uncertified technicians are currently able to purchase HFC and
other substitute refrigerants which they could end up using to retrofit
appliances containing ozone-depleting substances. Such uncertified
technicians may be more likely to vent the ozone-depleting substance
prior to retrofitting, given their probable lack of knowledge and the
fact that return of the substance to a reclaimer would reveal that they
were handling it illegally. Failure to require technician certification
to work with substitute refrigerants is also likely to encourage the
inappropriate mixture of substitute and ozone-depleting refrigerants.
In this scenario, refrigerant mixture could occur because uncertified
technicians might wish to service CFC or HCFC equipment, but would have
access only to HFCs due to the sales restriction on ODS refrigerants.
Lacking proper education or knowledge, these technicians would probably
have a poor understanding of the consequences of mixing refrigerants,
and would therefore be more likely than certified technicians to add
HFCs to CFC or HCFC systems.
The consequences of such inappropriate mixture include significant
losses in performance and energy efficiency in equipment serviced with
mixed refrigerants, damage to equipment, the lost value of the mixed
refrigerant (which is at best difficult, and often impossible, to
separate into the component refrigerants), and costs for destroying
mixed refrigerants. Refrigerant mixture also leads both directly and
indirectly to refrigerant release. Mixture leads directly to release
because mixtures of certain refrigerants, such as R-22 and R-134a, have
higher pressures than either component alone. Thus, pressure-sensitive
components such as air purge devices on recycling machines and relief
devices on appliances may be activated by these mixtures, venting the
refrigerant to the atmosphere. Purge devices in particular are often
set to open when the pressure of the recovery cylinder's contents rises
more than 5-10 psi above the expected saturation pressure for the
refrigerant; this margin is exceeded by R-22/R-134a mixtures containing
more than ten percent of the contaminating refrigerant.
Refrigerant mixture also reduces recycling and leads indirectly to
release. First, mixed refrigerants not only lose their value but cost
money to reclaim or destroy, which could provide a financial incentive
for illegal venting. Second, the direct releases and equipment
breakdowns caused by contamination lead to increased equipment
servicing, which itself leads to unavoidable releases of refrigerant.
Thus, failure to impose a certification requirement on persons working
with substitute refrigerants would increase the

[[Page 69504]]

probability of both substitute and ozone-depleting refrigerants being
emitted to the atmosphere.
For these reasons, EPA is proposing a technician certification
requirement for persons working with non-exempt substitutes in order to
further implement sections 608(a) and 608(c), using the authority under
these sections. EPA requests comments on the likelihood that failure to
impose a technician certification requirement on persons working with
HFCs and other substitutes would lead to release and mixture of both
ozone-depleting refrigerants and substitutes.
3. Updated Test Bank
EPA is planning to update the technician certification test bank
with more questions on handling substitutes, including flammable
substitute refrigerants, and on the impacts of climate change. While
this is not a regulatory change--the Agency can update the test bank
when appropriate without promulgating a new regulation--it aligns with
EPA's proposal to extend the refrigerant management regulations to
substitute refrigerants. Currently, the questions focus on CFCs and
HCFCs, even though CFCs have been phased out for nearly twenty years
and the predominant HCFC, HCFC-22, will be phased out by 2020.
EPA has begun reviewing the test bank and consulting with
certification and training organizations to identify questions that
should be updated, replaced, or removed, with an eye toward questions
on the proper handling and recovery of HFCs and other substitute
refrigerants. The updated test bank will incorporate new and revised
elements of the National Recycling and Emission Reduction Program that
are being proposed in this action, once finalized. For this reason, EPA
is waiting to update the test bank until after this rule is finalized.
EPA intends to use a similar process to the one used when initially
creating the test bank. EPA will work with industry and trade
associations to develop and evaluate new questions as well as remove or
update questions that may be out of date. EPA invites participation
from the regulated community in this process.

J. Proposed Changes to the Technician Certification Program
Requirements in Section 82.161

1. Background
The current regulations at Sec. 82.161 require that organizations
operating technician certification programs must apply to EPA to have
their programs approved. The application process ensures that
technician certification programs meet minimum standards for
generating, tracking, and grading tests as well as keeping records.
Approved technician certification programs must keep records of the
names of technicians they have certified and the unique numbers
assigned to each technician certified through their programs. These
records allow both the Agency and the certification program to verify
certification claims and to monitor the certification process. Approved
technician certification programs also must submit reports to EPA every
six months containing the pass/fail rate and testing schedules. Such
reports allow the Agency to evaluate certification programs and modify
certification requirements if necessary.
2. Extension to Substitute Refrigerants
EPA is proposing to require that technicians who work with non-
exempt substitute refrigerants be certified. By extension, EPA is
proposing to require that technician certification programs offer tests
for those technicians. This should not require significant changes to
current practices other than using the updated test bank and the
changes discussed below. EPA is not proposing as a lead option to
require certification programs to recertify based on this or any other
proposed changes in this rule, but seeks comments on whether such
recertification requirements would be appropriate.
3. Technician Database
In developing this proposed rule, EPA asked technician
certification programs whether the Agency should establish a national
database of certified technicians. EPA considered creating a database
to reduce the burden currently facing the Agency and technician
certification programs in assisting technicians who have lost their
certification cards. EPA receives on average five inquiries a day from
technicians who are seeking a copy of their card. EPA does not maintain
records of who has been certified; this is currently the responsibility
of the certification programs. EPA can only direct technicians to a
list of the approved certification programs on the Agency's Web site,
but in some cases the technician does not remember the name of the
program that issued their card. EPA is aware that many certification
programs also get numerous inquiries from technicians.
Establishing a publicly searchable database would help technicians
find replacement certification cards. Certification programs themselves
are generally better suited to maintain such information. Currently,
certification programs must maintain records of the names and addresses
of all individuals taking the tests, as well as the scores, dates, and
locations of all administered tests. A publicly-available database that
contains components of these records should be sufficient for a
technician to locate themselves. EPA is proposing that this database,
which could be as simple as a list, contain the first name, middle
initial, and last name of the certified technician, the technician's
city of residence when taking the test, the type(s) of certification
received, and the date each certification test was completed. EPA is
proposing to exempt Federal government-run programs from this
requirement because the public release of government and military
personnel names linking them to their Federal employment could present
significant privacy and security concerns, especially for military and
other government personnel who may be based, deployed, or traveling to
hostile regions throughout the world.
Because this database is primarily for the benefit of the
technician, EPA is offering the option for the technician to opt out.
The technician certification program must therefore provide notice to
technicians that they will be included in that database and give
technicians the ability to opt out. EPA seeks comment on whether
technicians should be allowed to opt out.
EPA is not proposing to require that certification programs list
everyone currently in their records. While this may assist current
technicians who have lost their cards, listing the hundreds of
thousands of technicians certified over the last twenty-two years could
be overly burdensome. This would also not provide technicians with the
opportunity to opt out. Therefore, EPA is proposing that the
certification programs only be required to include technicians
certified after the effective date of a rule finalizing this proposal.
EPA would encourage certification programs to work with technicians
they have previously certified to see if they could be added to an
online database or list.
EPA is not proposing to require any specific format for providing
this database or list. EPA is aware that some certifying organizations
already provide this information online to their technicians and the
Agency does not intend to require that they change how they offer the
information so long as the required data elements are included.
An online database or list of certified technicians can also assist
refrigerant

[[Page 69505]]

wholesalers to enforce the sales restriction. For example, if a vendor
has any doubt about a new customer, they could confirm that the
technician is certified by comparing the customer's ID with the
information online. The online information can also be printed and
maintained as a record by the vendor.
EPA invites comments on the proposal to require certifying
organizations to publish and maintain an online searchable database or
list of technicians they certify going forward. EPA requests comments
on whether such databases could be useful to technicians and
refrigerant wholesalers while allowing for preservation of technicians'
privacy as afforded by the Privacy Act. EPA also seeks comment on
whether it should allow technicians to opt out of being included on a
public list.
4. Grandfathering Provisions
EPA is proposing to remove provisions related to voluntary
certification programs at Sec. 82.161(g). This program was created to
allow technicians who were trained prior to the establishment of
approved technician certification programs to be recognized as
certified technicians. In order to have their voluntary programs
considered for approval, applications both for approval as a technician
certification program and for approval as a voluntary program were due
in 1994. EPA is proposing to remove this provision because it is
expired and no longer necessary.
5. Certification Cards
EPA is proposing to change the required text that is printed on
certification cards. Currently, the card states that ``[Name of person]
has been certified as a [Type I, Type II, Type III, and/or Universal,
as appropriate] technician as required by 40 CFR part 82, subpart F.''
Some organizations believe that the language used on the certification
card implies that a technician as defined in subpart F may be trained
in other aspects of equipment installation.
The primary purpose of the 608 certification card is for a
technician to prove to a vendor that they understand the environmental
impacts of mishandling refrigerants. While this certification also
grants an individual the right to maintain, service, repair, or dispose
of appliances, the 608 exam is less focused on the operational and
engineering aspects of refrigeration and air-conditioning equipment.
EPA is proposing to amend the language found on the certification
card to more accurately reflect the knowledge needed to obtain the
certification. Therefore, EPA is proposing that the card read ``[Name
of person] has successfully passed a [Type I, Type II, Type III, and/or
Universal, as appropriate] exam on how to responsibly handle
refrigerants as required by EPA's National Recycling and Emission
Reduction Program.'' EPA stated in the 1993 Rule establishing the
Technician Certification requirements that standardized language will
decrease administrative costs and aid in enforcement. In addition it
would ease burden on refrigerant wholesalers who must inspect the cards
to verify the certification of technicians. Updating the information on
the certification card should not result in any new administrative
costs or generate confusion.
The requirements for certification cards appears in both Sec.
82.161 and appendix D. EPA is proposing to remove the redundant
requirement from Sec. 82.161 and make the updates proposed in this
section to appendix D, as descried in more detail below.
6. Updates to Appendix D
EPA is proposing minor edits to appendix D ``Standards for Becoming
a Certifying Program for Technicians.'' EPA is proposing that the
description of test contents includes the environmental impact of not
just ODS but also substitute refrigerants. EPA is also proposing to
remove outdated, redundant, or self-explanatory provisions. This
includes removing paragraphs (i) through (k) on approval process,
grandfathering, and sample application. EPA is proposing to remove the
reference that EPA will periodically publish information on the fees
charged by the programs as the Agency no longer collects this
information. To protect the private information of technicians and
minimize the potential for fraud, EPA is also proposing to remove
social security numbers as an acceptable form of identification for
Type I technicians using the mail-in format and state that social
security numbers cannot be used in the unique certification number
assigned to newly-certified technicians. EPA is also proposing
clarifying changes and other small changes, including changing the
reporting deadline from June 30 of each year to July 30 of each year.
Finally, to help technicians better identify who certified them,
EPA is also proposing to require that certifying organizations provide
a hand-out or electronic communication to technicians after they have
taken the test explaining who provided the training, who to contact
with questions, and when they should expect to receive their score, and
if they passed, their certification cards. EPA requests comments on the
proposed revisions to appendix D.
7. Edits To Improve Readability
EPA is proposing to make minor edits to improve the readability of
this section. Notably, EPA is proposing to divide the requirements into
two sections. The first would be provisions related to responsibilities
of technicians and the second would be provisions related to technician
certification programs. It is not EPA's intent to place new
requirements on either party through this reorganization of content.
EPA also considered proposing to incorporate the provisions of
appendix D into Sec. 82.161 itself and removing appendix D in its
entirety but is not proposing to do so at this time. EPA invites
comments on the revised language.

K. Proposed Changes to the Reclamation Requirements in Section 82.164

1. Background
The regulations at Sec. 82.164 currently require that anyone
reclaiming used ODS refrigerant for sale to a new owner, except for
people properly certified under subpart F prior to May 11, 2004, is
required to reprocess refrigerant to standards laid out in appendix A
(based on ARI Standard 700-1995, Specification for Fluorocarbons and
Other Refrigerants), release no more than 1.5 percent of the
refrigerant during the reclamation process, dispose of wastes from the
reclamation process in accordance with all applicable laws and
regulations, and adhere to specific recordkeeping and reporting
requirements.
2. Extension to Additional Substitute Refrigerants
EPA is proposing to extend the reclamation standards for
refrigerants in appendix A to additional non-ozone-depleting
substitutes. Most of the refrigerants addressed in appendix A are
single component ODS refrigerants or a blend containing an ODS
component, with a few exceptions such as R-407C and R-410A. It is
appropriate to update this 1995 standard to ensure that refrigerants
developed in the last twenty years are reclaimed properly. While
standards have been developed for these new refrigerants, reclaimers
may not have to achieve such standards without that standard being
incorporated into the subpart F regulations.
In a recent proposed rule to issue allowances for the production
and

[[Page 69506]]

import of HCFCs, EPA sought comments on referencing AHRI Standard 700-
2012 Specification for Fluorocarbon Refrigerants directly, a practice
known as incorporation by reference, rather than reproducing the
standard in appendix A (78 FR 78095; December 24, 2013). EPA noted at
the time that incorporation by reference, and deletion of the text in
appendix A, has several advantages. AHRI standards are published,
widely known to and used by the persons affected by this regulation,
and available free of charge online at www.ahrinet.org/standards.aspx.
Referencing the AHRI standard, in lieu of duplicating it in appendix A,
would reduce potential confusion about the relationship between the two
sets of requirements. On the other hand, EPA recognizes that there is
an advantage to including the requirements of the standard in an
appendix to the regulation, avoiding the need to search for the
specific version of the AHRI standard referenced, and providing
certainty that compliance with appendix A (although possibly outdated)
constitutes compliance with EPA regulations.
In response to EPA's proposal, five commenters supported using the
updated testing procedures and protocols, while six commented that the
newer halogenated unsaturated volatile impurities limit of 40 ppm by
weight (0.004% by wt), as compared to the previous limit of 0.5% by
weight, created undue expense and difficulty for reclaimers to achieve.
Those commenters noted that ASHRAE and AHRI were still conducting
further studies on the unsaturates limit. In the final rule issuing
HCFC allowances, EPA did not incorporate AHRI 700-2012 by reference,
noting concerns about the unsaturates limit and the ongoing unsaturates
study (79 FR 64281; October 28, 2014).
At this time, recognizing that the unsaturates study has not been
finalized, EPA is proposing to update appendix A to include HFCs, PFCs,
HFOs, and other refrigerants based on the standards contained in AHRI
Standard 700-2015, Specifications for Refrigerants, while keeping the
unsaturates limit to be 0.5% by weight. If the unsaturates study is
published before this final rule is issued, EPA would consider
incorporating the full standard by reference.
EPA seeks comments on whether the updated standard, AHRI Standard
700-2015 Specifications for Refrigerants, along with Appendix C to
AHRI-700 2015, should be directly incorporated by reference, or whether
appendix A should be updated to include HFCs, PFCs, HFOs, and other
refrigerants based on the 2015 version of the AHRI 700 standard,
including the appendix. EPA also seeks comment on whether the agency
needs to keep section 5.3.2 titled ``Alternative Method'' in Appendix A
to subpart F.
3. Changes to Recordkeeping and Reporting
Under the current regulations at Sec. 82.164(b), reclaimers must
certify that the refrigerant reclaimed meets the specifications in AHRI
Standard 700-1995 using the analytical methodology prescribed in
appendix A. In addition to updating the standard to AHRI Standard 700-
2015, EPA is proposing to clarify that the analysis must be conducted
on each batch of refrigerant being reclaimed. EPA is also proposing to
require that reclaimers maintain records of these analyses. Requiring
reclaimers to maintain records helps to ensure that refrigerant is
being reclaimed to the appropriate specifications. Reclaimers currently
analyze by batch, and already generate records when doing so, so these
proposed changes update the regulations to reflect current practices
and clarify the existing requirements for ODS, and do not add
additional burden.
EPA is also proposing to specify that all recordkeeping and
reporting requirements for reclaimers be maintained by refrigerant type
(i.e. ASHRAE number), as information kept in this format will provide
more clarity on the types and quantities of refrigerants being
reclaimed when aggregated information is reported. EPA is also
clarifying what aggregate information must be reported annually to the
Agency, and removing a redundant recordkeeping provision related to
that report.
EPA requests comments on these proposed changes to the
recordkeeping and reporting provisions.
4. Clarifications and Edits for Readability
EPA is proposing to consolidate provisions related to refrigerant
reclaimers into a single section. Specifically, EPA is proposing to
move prohibitions found in Sec. 82.154(i) and recordkeeping and
reporting requirements found in Sec. 82.166(g) and (h) into Sec.
82.164. This proposal also clarifies what is required of the reclaimer.
The current regulation requires a reclaimer to certify that he or she
will meet a certain set of standards and engage in certain behaviors.
The revised regulation requires first that a reclaimer meet those
standards and behaviors and second that they certify to having done so.
EPA is making this change to improve the enforceability of these
provisions. None of these underlying requirements themselves would
change, other than the updated AHRI standard and that the clarification
that the analysis be conducted on each batch of refrigerant, as
discussed above.

L. Proposed Changes to the Recordkeeping and Reporting Requirements in
Section 82.166

1. Background
The current regulations include all recordkeeping and reporting
provisions in one section of subpart F (Sec. 82.166). While having all
the provisions in one place is useful, the individual pieces are
separated from the required practices that the records/reports are
intended to help enforce. This can create confusion for the regulated
community when they are trying to understand what they must do and what
records they must keep to remain in compliance with the section 608
requirements. This is especially true when a recordkeeping or reporting
provision directly references a requirement in another section of
subpart F. To improve the readability and clarity of the recordkeeping
and reporting provisions, EPA is proposing to move the requirements
that are currently in Sec. 82.166 to the relevant section describing
the required practices. For example, EPA is proposing to move the
amended recordkeeping and reporting requirements for Appliance
Maintenance and Leak Repair to the section where those required
practices are listed, specifically Sec. 82.157. This should allow the
regulated community to more easily align the required practices with
their recordkeeping/reporting obligations without having to reference
requirements in other sections. EPA summarizes the amended
recordkeeping and reporting provisions below. EPA is also proposing a
new recordkeeping and reporting requirement for anyone disposing of
appliances with between five and 50 pounds of refrigerant.
2. Summary of Recordkeeping Provisions
EPA has developed numerous recordkeeping requirements to document
compliance with the section 608 regulations. A summary of the proposed
requirements is included below. Please refer to other sections of this
notice to read about the proposed changes to the existing requirements.
All of the proposed requirements would apply to all refrigerants unless
the refrigerant is exempt from the venting prohibition. Unless
otherwise noted, all

[[Page 69507]]

records must be maintained for at least three years.
Disposal of Small Appliances, MVACs, and MVAC-like
Appliances: Persons who take the final step in the disposal process of
such appliances must keep a copy of all the signed statements
indicating refrigerant was recovered properly. This statement must
include the name and address of the person who recovered the
refrigerant and the date the refrigerant was recovered. Alternatively,
the statement may be a signed contract stating that the supplier will
recover any remaining refrigerant from the appliance prior to delivery.
Disposal of Appliances Containing Five to 50 Pounds of
Refrigerant: Persons evacuating refrigerant from appliances normally
containing five to 50 pounds of refrigerant for purposes of disposal of
that appliance must maintain records documenting their company name,
location of the equipment, date of recovery, amount and type of
refrigerant recovered for each appliance and the quantity and type of
refrigerant transferred for reclamation and/or destruction.
Leak Inspection: Owners or operators of appliances
normally containing 50 or more pounds of refrigerant must maintain
documentation from quarterly or annual leak inspections that includes
the date of inspection and the component(s) where leaks were
discovered. Alternatively, owners or operators may install an automatic
leak detection system and maintain records showing that the system is
calibrated annually.
Extension Requests to the Periodic Leak Inspection
Requirement: Owners or operators of federally-owned appliances
containing 50 or more pounds of refrigerant must maintain copies of
extension requests submitted to EPA to conduct leak inspections less
frequently until three years after the less frequent leak inspection
schedule is no longer being followed.
Full Charge: Owners or operators of appliances normally
containing 50 or more pounds of refrigerant must maintain records
documenting what the full charge amount is for appliances with 50 or
more pounds of refrigerant. The record for the current full charge must
be maintained until three years after the appliance is retired.
Service Records Provided by Technicians: Persons adding or
removing refrigerant from an appliance normally containing 50 or more
pounds of refrigerant must provide the owner or operator with
documentation containing the identity and location of the appliance;
the date and type of maintenance, service, repair, or disposal
performed; the name of the person performing the maintenance, service,
repair or disposal; the amount and type of refrigerant added to or
removed from the appliance; the full charge of the appliance; and the
leak rate and the method used to determine the leak rate (unless
disposing of the appliance).
Service Records Maintained by Owners and Operators: The
appliance owner or operator must maintain service records provided by
technicians and the identification of the owner or operator of the
appliance; the full charge of the appliance and the method for how full
charge was determined; the original range for the full charge of the
appliance, its midpoint, and how the range was determined (if using
method 4, as described in Sec. 82.152, for determining full charge);
any revisions of the full charge and how they were determined; and the
dates such revisions occurred.
Verification Tests: Owners or operators of appliances
normally containing 50 or more pounds of refrigerant must maintain
records of the dates, types, and results of all initial and follow-up
verification tests. Under this proposed rule, this would apply to all
types of equipment, not just IPR.
Retrofit/Retirement Plans: Owners or operators of
appliances normally containing 50 or more pounds of refrigerant that
cannot be repaired must maintain retrofit or retirement plans. The plan
must, at a minimum, contain the following information: Identification
and location of the appliance; type and full charge of the refrigerant
used; type and full charge of the refrigerant to which the appliance
will be converted, if retrofitted; itemized procedure for converting
the appliance to a different refrigerant, including changes required
for compatibility with the new substitute, if retrofitted; plan for the
disposition of recovered refrigerant; plan for the disposition of the
appliance, if retired; and one-year schedule for completion of the
appliance retrofit or retirement.
Extension Requests to Repair or Retrofit/Retire
Appliances: Owners or operators of appliances normally containing 50 or
more pounds of refrigerant must maintain copies of extension requests.
Mothballing: Owners or operators of appliances normally
containing 50 or more pounds of refrigerant that mothball an appliance
must keep records documenting when the system was mothballed and when
they add refrigerant back into the appliance.
Purged Refrigerant: Owners or operators of appliances
normally containing 50 or more pounds of refrigerant that exclude
purged refrigerant that are destroyed from their leak rate calculation
must maintain records to demonstrate that a 98 percent or greater
destruction efficiency is met. At a minimum this includes flow rate,
quantity or concentration of the refrigerant in the vent stream, and
periods of purge flow.
Lists of Certified Recovery Equipment and Testing Results:
Organizations that are approved to certify refrigerant recovery and/or
recycling equipment must maintain records of equipment testing and
performance and a list of equipment that meets EPA requirements. These
records must be maintained for three years after the equipment is no
longer offered for sale.
Proof of Certification for Technicians: Technicians who
have passed the section 608 Type I, II, III or Universal test, must
keep a copy of their certification at their place of business. These
records must be maintained for three years after a certified individual
no longer operates as a technician.
Sales Restriction: Anyone selling ODS or substitute
refrigerant must document the name of the purchaser, the date of sale,
and the quantity of refrigerant purchased. In instances where the buyer
employs a certified technician, the seller must keep the information
provided by the buyer that at least one technician is properly
certified. Copies of technician certifications must be maintained for
at least three years after a technician or person employing a
technician stops purchasing refrigerant.
Small Cans of Refrigerant for MVAC Servicing: Anyone
manufacturing small cans of refrigerant with a self-sealing valve must
maintain records verifying that the self-sealing valves do not leak
more than 3.00 grams per year when the self-sealing valve is closed as
required in the newly-proposed Appendix E to subpart F. Records must be
maintained for three years after a certified product is no longer
offered for sale.
Technician Certification Programs: Organizations that
certify technicians must maintain records of who they certify, the
scores of all certification tests administered, and the dates and
locations of all tests administered. These records must be maintained
as long as they are in operation, not just for three years.
Reclaimers: Reclaimers must maintain records of the
analyses conducted to verify that reclaimed refrigerant meets the
necessary specifications. On a transactional basis, reclaimers must
maintain records of the

[[Page 69508]]

names and addresses of persons sending them material for reclamation
and the quantity of the material (the combined mass of refrigerant and
contaminants) by refrigerant type sent to them for reclamation.
EPA requests comments on the clarity and necessity of these
recordkeeping provisions to ensure compliance with the section 608
regulatory requirements.
4. Summary of Reporting Provisions
EPA has also proposed several reporting provisions. Reporting is an
important component of the National Recycling and Emission Reduction
Program and allows EPA to track compliance with the requirements. In
this action, EPA has attempted to propose reporting requirements only
when necessary to avoid significantly increasing burden on the
regulated community. A summary of the proposed reporting requirements
is included below. All of these reporting requirements are new for non-
exempt substitute equipment. However, all of the proposed requirements
are similar to those that exist currently for ODS equipment.
Additionally, EPA has proposed to remove the requirement (1) for
technicians to certify to the Administrator that they own certified
refrigerant recovery equipment and (2) for programs certifying recovery
and/or recycling equipment to report to EPA annually on the equipment
they approve. Both of these requirements are no longer needed. Unless
the information is claimed as confidential business information or as
otherwise noted, all notifications must be submitted electronically to
608reports@epa.gov. Electronic submission of reports should decrease
burden on both EPA and the regulated community.
Extensions to the 30-day or 120-day Leak Repair
Requirement: Owners or operators of appliances normally containing 50
or more pounds of refrigerant must notify EPA when seeking an extension
of time to complete repairs. The request must include the following
information: Identification and address of the facility; the name of
the owner or operator of the appliance; the leak rate; the method used
to determine the leak rate and full charge; the date a leak rate above
the applicable leak rate was discovered; the location of leak(s) to the
extent determined to date; any repair work that has been performed thus
far, including the date that work was completed; the reasons why more
time is needed to complete the repair; and an estimate of when the work
will be completed.
Extensions to Retrofit or Retire Appliances: Owners or
operators of appliances normally containing 50 or more pounds of
refrigerant must notify EPA when seeking an extension of time to
complete a retrofit or retirement.
Purged Refrigerant: Owners or operators of appliances
normally containing 50 or more pounds of refrigerant that exclude
purged refrigerant that are destroyed from their leak rate calculation
must provide a one-time report to EPA that includes the identification
of the facility and a contact person; a description of the appliance; a
description of the methods used to determine the quantity of
refrigerant sent for destruction and type of records that are being
kept; the frequency of monitoring and data-recording; and a description
of the control device, and its destruction efficiency.
Extensions to the Periodic Leak Inspection Requirement:
Owners or operators of federally-owned appliances containing 50 or more
pounds of refrigerant must submit a request to EPA if they wish to
conduct leak inspections less frequently than quarterly or annually
(depending on the full charge and type of appliance). The extension
request must show that the appliance has a minimal history of leakage,
and is remotely located or is otherwise difficult to access for routine
maintenance. Additionally, the extension request should explain why
automatic leak detection equipment could not be used and what leak
inspection schedule would be reasonable given the circumstances (not to
be less frequent than one inspection every three years).
Requesting Approval to Certify Recovery/Recycling
Equipment: Any organization wishing to certify refrigerant recovery
and/or recycling equipment must submit an application to EPA.
Applications must include information on the facilities used, the
qualifications, experience and procedures used to perform
certifications, and that there are no conflicts of interest in
certifying equipment.
Previously-certified Recovery/Recycling Equipment:
Organizations that are approved to certify refrigerant recovery and/or
recycling equipment must inform EPA if subsequent tests indicate a
previously-certified recovery and/or recycling device does not meet EPA
requirements.
Technician Certification Programs: Any organizations
wishing to certify technicians under section 608 must submit an
application to EPA describing how they will meet all the required
standards in appendix D. Organizations that certify technicians must
publish online lists/databases of the people that they certify.
Organizations must report to EPA twice a year the pass/fail rate and
testing schedules. If a previously-approved technician certifying
organization stops certifying technicians for any reason, they must
ensure those records are transferred to another certifying program or
EPA. Organizations that receive records from a program that no longer
offers the certification test must inform EPA within 30 days of
receiving these records. The notification must include the name and
address of the program to which the records have been transferred.
Reclaimer Certification: Any organization that wishes to
reclaim refrigerants must certify to EPA that they will reclaim
refrigerants to the required purity standards (based on AHRI Standard
700-2015), verify each batch of refrigerant they sell meets those
standards, not release more than 1.5 percent of the refrigerant they
receive during the reclamation process, dispose of wastes from the
reclamation process in accordance with all applicable laws and
regulations, and maintain records as required.
Reclaimer Change of Business Information, Location or
Contact Information: If a reclaimer changes address or management, they
must notify EPA within 30 days. Since reclaimer certification is not
transferable, if ownership changes, the new owner must certify to EPA
that they will meet the reclaimer certification requirements.
Amounts Reclaimed: Reclaimers must report annually the
aggregate quantity of material sent to them for reclamation (the
combined mass of refrigerant and contaminants) by refrigerant type, the
mass of each refrigerant reclaimed, and the mass of waste products.
EPA seeks comments on the clarity and necessity of these reporting
requirements to ensure compliance with the section 608 regulatory
requirements.

M. Proposed Effective and Compliance Dates

EPA is proposing that the final rule become effective on January 1,
2017. However, EPA recognizes that for certain requirements,
stakeholders will likely need additional time to comply. The below
paragraphs describe the requirements for which EPA is proposing a
delayed compliance date and the specific time periods EPA is
considering. In addition to those compliance dates discussed below, EPA
seeks comments on whether other portions of the revised regulations

[[Page 69509]]

should have earlier or later compliance dates.
1. Proposed Section 82.154(c)--Sale of Small Cans of Refrigerant for
MVAC Servicing
For manufacture and import of small cans of refrigerant for MVAC
servicing, EPA is proposing a compliance date of one year from
publication of the final rule. EPA is also proposing to allow small
cans manufactured and placed into initial inventory or imported before
that date to be sold for one additional year. For example, if the rule
is published on July 1, 2016, small can manufacturers would have until
July 1, 2017, to transition their manufacturing lines to add self-
sealing valves. Manufacturers, distributors, and auto parts stores
would be able to sell all small cans manufactured and placed into
initial inventory or imported prior to July 1, 2017, until July 1,
2018. EPA seeks comments on this proposed implementation timeline.
2. Proposed Section 82.155--Safe Disposal of Small Appliances, MVAC,
and MVAC-Like Appliances
For the revisions to the requirements for the recovery of
refrigerant prior to disposal/recycling of small appliances, EPA is
proposing a compliance date of one year from publication of the final
rule. This should provide time for final disposers such as scrap
recyclers to learn about the updated requirement, make any adjustments
needed to start maintaining records associated with disposal of
appliances containing non-exempt substitutes, and to obtain certified
recovery equipment for use with non-exempt substitutes.
EPA is not proposing more than one year because (1) EPA is not
proposing significant changes to the requirements for the recovery of
refrigerant prior to disposal/recycling of small appliances, MVAC,
MVAC-like appliances, (2) final disposers/recyclers of these appliances
already must in effect recover HFCs and other non-exempt substitutes
prior to disposing of an appliance, and (3) the existing recordkeeping
systems and practices used by final disposers can be used to implement
the safe disposal requirement to appliances containing non-exempt
substitutes. EPA seeks comments on this proposed implementation
schedule.
3. Proposed Section 82.156--Proper Evacuation of Refrigerant From
Appliances
For proposed provisions related to the evacuation of refrigerant
before maintenance, servicing, repair, and disposal of appliances, EPA
is proposing a compliance date of one year from publication of the
final rule. This would provide time for affected entities to learn
about the required practices, set up a recordkeeping program to track
the amount of refrigerant recovered from appliances that are disposed
of in the field, and to obtain certified recovery equipment for use
with non-exempt substitutes. EPA seeks comments on this proposed
implementation schedule.
4. Proposed Section 82.157--Appliance Maintenance and Leak Repair
EPA is proposing significant revisions to the leak repair
provisions, including lowering the applicable leak rate, requiring leak
inspections, and modifying the recordkeeping requirements. Because
these changes are extensive, EPA is proposing a later compliance date
for the appliance maintenance and leak repair requirements than for
most other proposed provisions. EPA is proposing a compliance date 18
months from publication of the final rule. This would give owners and
operators of appliances with 50 or more pounds of refrigerant time to
learn about the updated requirements; update systems, standard
operating procedures, and training materials to best implement the
requirements; and fix leakier systems prior to the more stringent
requirements taking place. EPA could consider a shorter or longer
timeframe by approximately six to twelve months (in other words, the
compliance dates could be between six months and two and half years
after a final rule is published in the Federal Register), but would
need commenters to provide details on why the shorter or longer
timeframe is warranted (e.g., cost, logistics, environmental effects,
or other verifiable and compelling rationales). EPA seeks comments on
its proposed compliance date for the appliance maintenance and leak
repair provisions.
5. Proposed Section 82.161--Technician Certification Requirements
EPA is proposing that the compliance date for the revisions to
Sec. 82.161 be one year after publication of a final rule. Providing
more time will allow EPA to update the test bank and certifying
organizations to update their tests to use the updated questions. EPA
does not anticipate that more than one year would be necessary because
HVACR contractors are generally working on both ODS refrigerants and
non-exempt substitute refrigerants, and there is not likely to be a
rush of contractors needing to be certified. EPA is also proposing to
require that any person certified as a technician on January 1, 2017,
or later be included in a publicly-accessible database of certified
technicians. Under the proposed timelines, technician certification
programs would have to make this database available starting January 1,
2018. EPA seeks comments on these proposed compliance dates.
6. Sunset Dates for Requirements That Will Be Superseded in Future
For the majority of the requirements in this rule, the new
requirements will apply as of the effective date of the rule. For
requirements with a delayed compliance date, EPA intends to indicate
when those requirements will apply. EPA is proposing to sunset the
corresponding existing requirements as of the dates the new
requirements apply. EPA seeks comments on other approaches.

V. Economic Analysis

While selecting regulatory actions that would achieve the goals of
this proposed rule, EPA considered the costs of different actions to
individual entities and the United States economy as a whole. A full
description of the cost analyses is included in the technical support
document Analysis of the Economic Impact and Benefits of Proposed
Revisions to the National Recycling and Emission Reduction Program,
which can be found in the docket.
To estimate the incremental costs of the proposed regulatory
changes, the Agency developed a set of model entities with a
distribution of different model facilities, each of which could contain
a set of model appliances. This set of model entities was used to
represent the potentially affected entities in a variety of economic
sectors in the United States, and they were developed based on EPA's
Vintaging Model and cross-checked with a large dataset of repair
records developed under California's RMP. Each model entity reflects
information about the typical number of facilities in a given sector
and size category and the number of pieces of equipment in each
equipment category that are likely to be owned and/or operated by each
facility. By combining the model entities with economic data on
potentially affected industries from the United States Census, EPA
obtained a model for the potentially affected population. By applying
the costs of leak inspections, repairs, recordkeeping and reporting,
self-sealing cans for MVAC servicing, and other regulatory changes to
this population, EPA estimated the costs to individual entities and the
total cost to the economy.

[[Page 69510]]

Some proposed regulatory changes in this action, e.g. providing
extensions to owners or operators of comfort cooling and commercial
refrigeration before having to replace leaking appliances, would reduce
the cost of compliance to owners of ODS-containing equipment. These
reductions were included in the incremental cost of the proposed
action.
Based on this analysis, EPA estimates that the total annual cost to
comply with the proposed requirements is $63 million (all costs in 2014
dollars); this includes $61 million in cost to owners and operators of
equipment using HFCs, and $2 million for those using ODS. Total
annualized costs includes new compliance costs of approximately $113
million associated with the proposed rulemaking, less avoided
compliance costs of approximately $50 million associated with the
proposed removal of some existing regulatory requirements and provision
of additional flexibility that are expected to reduce regulatory
burden. The distribution of aggregate costs among different economic
sectors and among the regulatory changes is detailed in the technical
support document.
Some proposed regulatory changes would reduce financial outlays by
owners or operators of air-conditioning and refrigeration equipment,
for example, by reducing the amount of refrigerant lost to leaks and
thus saving equipment owners or operators the cost of purchasing more
refrigerant to replace it. For the money saved in refrigerant purchases
alone, EPA estimates that affected entities would avoid spending over
$52 million due to the proposed regulatory changes. Thus, the
compliance costs and refrigerant savings combined are estimated to be
$11 million per year. The financial outlay from affected entities would
additionally be lower because appliances running with the correct
amount of refrigerant are generally more energy efficient to operate
and last longer.
The aggregate costs and savings for the economy as a whole given
above would not be expected to be distributed evenly across affected
entities. For example, owners of equipment containing ODS that leak at
a rate less than 5% of their full charge per year might only incur
costs for recordkeeping. However, owners of equipment containing HFCs
that leak at a rate of 30% of their full charge per year might incur
costs of repairing leaks, while also realizing savings due to reduced
refrigerant replacement purchases.
Under the Small Business Regulatory Enforcement Fairness Act
(SBREFA), Federal agencies must consider the effects regulations may
have on small entities. If a rule may have a significant economic
impact on a substantial number of small entities (SISNOSE), the Agency
would be required to take certain steps to ensure that the interests of
small entities were represented in the rulemaking process. To determine
if this was necessary, EPA used the model's entity analysis to
ascertain the likelihood that the proposed changes would have a
SISNOSE. EPA estimates that approximately 140 of the approximately
950,000 affected small businesses could incur costs in excess of 1% of
annual sales and that fewer than 80 small businesses could incur costs
in excess of 3% of annual sales. These levels are below the thresholds
used in other Title VI rulemakings under which it can be presumed that
an action will have no SISNOSE. Nevertheless, EPA consulted numerous
stakeholders, including small businesses, in the development of this
proposed rule.
The full description of the cost analyses, including sensitivity
analyses of key assumptions and alternate proposed options, is included
in the technical support document Analysis of the Economic Impact and
Benefits of Proposed Revisions to the National Recycling and Emission
Reduction Program, which can be found in the docket for this action.
EPA specifically requests comments on all aspects of that analysis.

VI. Possible Future Changes to Subpart F

In addition to the proposals outlined in this notice, EPA is also
seeking input on other aspects of the National Recycling and Emission
Reduction Program. EPA is not proposing these changes at this time, but
specifically solicits comments on whether the ideas have merit and how
the potential changes might be implemented in a future rulemaking.

A. Appliance Maintenance and Leak Repair

In meetings with stakeholders prior to the issuance of this
proposed rule, EPA discussed the possibility of establishing a
voluntary program for supermarkets based on their corporate-wide
average leak rate (CWALR) instead of focusing on the leak rate of each
individual appliance. The Agency and several stakeholders indicated
that there could be value in regulating commercial refrigeration
appliances at the corporate level instead of the individual appliance
level. Currently, owners and operators of commercial refrigeration
equipment must repair leaks on equipment with 50 pounds or more of
refrigerant within 30 days if the leak rate is above 35%, and EPA is
proposing in this notice to lower this leak rate to 20%. Under a
program like this, EPA could relax the existing leak repair
requirements for individual commercial refrigeration appliances if a
supermarket chain was able to keep their CWALR below a certain level
(for example, 15%) for a full calendar year.
Supermarkets would still have to keep records of refrigerant
additions and the full charge of each appliance, but they would not be
required to follow the other requirements for commercial refrigeration
facilities under the amended Sec. 82.157. For example, if an appliance
was leaking more than 20%, they would not have to repair it within 30
days so long as their CWALR was below 15% (or some other level) in the
previous calendar year. However, they would have to report to EPA
annually their total refrigerant additions, their corporate-wide full
charge, and the facilities that are included in the full charge. EPA
would use this information to determine if their corporate-wide leak
rate was below the required level. If it was not, the supermarket chain
would have to follow the requirements at Sec. 82.157 for the next
calendar year. Supermarkets would still have to comply with the leak
repair requirements for comfort cooling appliances.
A program like this could have advantages for both supermarkets and
EPA. Supermarkets would have greater flexibility to determine how they
would reduce leaks so long as they are achieving an established level
of environmental performance. EPA would receive additional data that it
could use to better characterize the industry's emissions profile.
Additionally, EPA could use the information to better target its
enforcement action. This type of program also fits in well with the
Agency's Next Generation Compliance initiative as it incentivizes
better environmental performance.
While EPA finds this type of program appealing, there are several
reasons this idea is not being proposed in this action. First,
establishing the universe of stores within the corporate-wide boundary
could be difficult if there are multiple chains held by one parent
company. At what level should the boundary be drawn? Second,
supermarket chains frequently buy and sell stores to other chains,
which may be difficult to address when calculating annual leak rates.
Would the newly-purchased stores automatically be included in the CWALR
or would they be subject to the requirements for individual appliances?

[[Page 69511]]

Some stakeholders expressed interest in a program like this if the
Agency would agree not to take any enforcement actions against them.
However, the Agency would still want to ensure it could bring
enforcement action if a supermarket chain was misreporting its CWALR.
Some stakeholders also appreciated that the Agency was considering
ways to reduce burden but felt the Agency should not relax
recordkeeping requirements that may help a company reduce leaks. Others
were disinterested in the program and did not see an incentive to join.
EPA considered this feedback, and the possible benefits of the program,
and has decided not to propose this option at this time. However, the
Agency seeks comments on whether such an idea could be workable and
whether it is worth exploring in a future proposed rule. EPA also seeks
comments on other ways the Agency could incentivize compliance or
performance that exceeds the regulatory requirements as well as ways to
reduce burden for companies with low leak rates, while still ensuring
compliance.

B. Refrigerant Reclamation

EPA has received suggestions for how the reclaimer program could be
strengthened. Some of these suggestions include more stringent
certification requirements for reclaimers and third party audits to
ensure reclamation facilities are following the required practices.
Some of these suggestions are in the docket to this rule. These
suggestions, combined with the principles of Next Generation
Compliance, have encouraged EPA to take comment on those two ideas.
EPA is also considering ways to promote the use of reclaimed
refrigerant so as to increase the financial incentive to recover and
reclaim refrigerant. EPA requests comments on a way to distinguish
reclaimed refrigerant from virgin refrigerant. This could potentially
include establishing a labeling program for reclaimed material, much
like other recycled products.
1. More Stringent Certification Requirements for Reclaimers
EPA has received feedback that the requirements to become a
certified reclaimer are not stringent enough. Some have suggested that
the Agency require that reclaimers provide more information in their
certification on how they will comply with other potentially applicable
regulations such as those related to the transport and disposal of
hazardous materials. Stakeholders have also suggested that EPA cite
compliance with Occupational Health and Safety Administration (OSHA)
requirements. EPA seeks comment on whether it should develop more
stringent certification requirements in a separate proposed rule, and
what those requirements should look like.
Some stakeholders have also suggested that EPA redefine the term
reclaim to cover entities other than those historically seen as
reclaimers, for example separation facilities. EPA seeks comment on
whether the term reclaim should be amended in future to cover
separation facilities. EPA also seeks comment on whether the agency
should in future require reporting from separation facilities as part
of the reclamation program or elsewhere in subpart F to better
understand where refrigerant goes after it is recovered. EPA also seeks
comment on whether there are other types of facilities that should be
covered under a program like this.
2. Establishing a Third Party Certification or Audit Program for
Reclaimers
In developing this proposed rule, EPA considered establishing a
third party certification program for reclaimers. In addition, one
organization has recently urged EPA to require that a third party audit
all reclaimers. The specific proposal is included in a letter from
Intertek available in the docket. Under a program like this, EPA would
certify independent auditors that would review reclaimers' compliance
with the section 608 requirements. To reduce costs, EPA could require
that in-person site audits occur once every few years. A program like
this could help ensure compliance with the section 608 reclamation
requirements. While EPA is not proposing this action in today's
proposed rule, the Agency seeks comment on the establishment of a third
party audit program for reclaimers in a future action.
3. Labeling of Reclaimed Refrigerant
Refrigerant reclaimers and environmental organizations have
encouraged EPA to further promote the reclamation of refrigerant. The
Agency notes that existing regulations promote HCFC reclamation by
requiring refrigerant be recovered rather than vented and that used
refrigerant be reclaimed before being sold. Through today's proposal,
EPA would be extending that requirement to HFCs and other substitutes,
further increasing the supply and types of refrigerants for
reclamation. Having said that, the Agency is considering whether
labeling could allow for broader recognition, use of, and demand for
reclaimed refrigerant.
EPA seeks comments on the value of proposing in a separate
rulemaking a voluntary labeling program for reclaimed refrigerant.
Under this program, EPA would certify third parties who would then
verify that the refrigerant being sold was in fact reclaimed. The
reclaimer would have to document receipt of used refrigerant, the
amount of that refrigerant that was reclaimed (and not a waste
product), and that each batch of reclaimed refrigerant was tested and
meets AHRI-700 standards. Alternatively, a program like this could be
developed by industry.
There are several situations where reclaimed refrigerant labeled as
such could be valuable. First, given the existing restrictions at Sec.
82.15(g) on the manufacture of new appliances using HCFC-22, owners of
appliances that expand their system after January 1, 2010, would know
that the refrigerant was reclaimed and could be used in compliance with
HCFC phaseout requirements.\14\ Second, certified reclaimed refrigerant
could be marketed to consumers seeking to purchase environmentally
preferable products. This type of program could also be useful to
Federal, state, or local governments that have directives to purchase
recycled content materials by providing verification that the
refrigerant they are purchasing is in fact reclaimed.
---------------------------------------------------------------------------

\14\ For more information on how EPA treats supermarkets that
have remodeled and expanded the capacity of their system, please see
https://epa.gov/ozone/title6/phaseout/Supermarket_Q&A_for_R-22.html.
---------------------------------------------------------------------------

EPA seeks comments on whether reclaimers, refrigerant wholesalers,
or owners or operators of appliances would be interested in such a
program. EPA also seeks comments on whether any organization would be
interested in becoming a third party verifier for this program. The
Agency also seeks comment on what criteria it could establish to ensure
refrigerant was in fact reclaimed, and other potential approaches that
the Agency could consider if it develops a program like this in future.

C. Safe Disposal of Small Appliances, MVACs, and MVAC-Like Appliances

After conversations with scrap recyclers, EPA considered ways it
could improve the requirements for the disposal of small appliances,
MVACs, and MVAC-like appliances. While EPA is not proposing any of
these changes at this time, EPA is seeking comments on ways that it
could ensure refrigerant is

[[Page 69512]]

recovered from appliances that enter the waste stream with their
refrigerant circuit intact, while reducing burden on the final
disposer, who is often relying on someone upstream to recover the
refrigerant. EPA considered several options to move the recordkeeping
requirements upstream, but EPA needs additional feedback before
proposing these options.
1. Move Responsibility of Ensuring Proper Recovery to the First
Collector
One idea EPA considered was moving the requirement to ensure
refrigerant is recovered from the final disposer to the first collector
of the appliance. The first collector could include the retailer that
delivers a new refrigerator and takes away the old one. The first
collector could also include municipal waste collection facilities or
others that pick up used appliances from homes, offices, or curbside.
Under such a program, the first collector would have to ensure the
refrigerant was properly recovered and keep a record documenting that
fact. EPA could also create a requirement where the first collector and
the final disposer would have to keep a record.
EPA seeks comment on whether this would be an appropriate change to
make in future and whether this would improve compliance with the safe
disposal requirements (Sec. Sec. 82.155 and 82.156 as proposed in this
notice). EPA also seeks comment on how it could ensure compliance with
such a program.
2. Require a Certified Recovery Location for All Appliances
EPA also considered whether to require the establishment of third-
party certified appliance recovery centers. These recovery centers
would have to be certified by EPA or a third party certifier and would
have to document every appliance they receive, the amount of
refrigerant recovered from each appliance or each shipment of
appliances, and report to EPA on the amount of refrigerant recovered
and where that recovered refrigerant was sent for either destruction or
reclamation. EPA would also have to require that all small appliances,
MVACs, and MVAC-like appliances bound for disposal or recycling would
have to be sent to such a certified recovery center. Scrap recyclers,
landfills, or other final disposal facilities would only be allowed to
receive appliances from certified appliance recovery centers to work
effectively.
One advantage to such a program is that scrap recyclers and other
final disposers would not have to verify that refrigerant was properly
recovered from appliances they receive. EPA would also have more
information on how much refrigerant is being recovered from these
appliances when they are disposed of. However, EPA has also considered
the ongoing transition to lower-GWP alternatives like hydrocarbons,
CO2, and HFO-1234yf in small appliances and MVACs. The
benefit of requiring that appliances go through a certified recovery
center may decline in the future, and could be potentially disruptive
to the existing supply chain today. EPA weighed these factors and has
decided not to propose a program like this in today's notice, but is
requesting comment on such a program. EPA is particularly interested in
whether this type of program would reduce emissions of refrigerants, be
easy or difficult to establish and transition to, be difficult to set
up in rural areas, and if any organizations would be interested in
either becoming a certified appliance refrigerant recovery center or
certifying appliance refrigerant recovery centers.

D. Technician Certification

1. Recertification
EPA considered whether to require currently certified technicians
to recertify based on the changes proposed in this rule. EPA states at
Sec. 82.161(c)(2) that the Administrator reserves the right to specify
the need for technician recertification at some future date, if
necessary, by placing a notice in the Federal Register. At this time,
EPA is not proposing that technicians currently certified to work with
ODS refrigerants be recertified to work with substitute refrigerants.
In pre-proposal discussions with stakeholders, EPA found both
support and opposition to requiring recertification. One argument
expressed in favor of recertification is that many changes have
occurred in the twenty-two years since the first technicians took the
certification exam. For example, many new refrigerants have entered the
market, including flammable refrigerants, and air-conditioning and
refrigeration equipment has changed.
While more substitutes have been introduced, the techniques for
properly handling fluorocarbon substitute refrigerants is very similar
to that for ODS refrigerants. As many stakeholders noted at the
November 12, 2014, stakeholder meeting, technicians currently handle
all refrigerants in a similar manner, regardless of whether they are an
ODS or a substitute. EPA's SNAP program has only recently listed a
number of flammable refrigerants as acceptable, subject to use
conditions, and only in narrow product categories. The benefits of any
recertification requirement would probably be small, and would likely
be outweighed by the costs of requiring every technician to recertify.
EPA requests comments on this approach for currently certified
technicians. EPA also seeks comments on the possibility of developing a
one-time online recertification that could be more limited in scope
than the existing certification test if the Agency did decide to
require recertification in future.
2. Flammable Refrigerants
While EPA has not ruled out the possibility of establishing
requirements under 40 CFR part 82, subpart F for flammable exempt
substitute refrigerants, EPA has not proposed in this rulemaking to
extend any of the requirements under section 608, including the
technician certification program and the sales restriction, to
refrigerants that are exempt from the statutory venting prohibition
(CO2, hydrocarbons in certain SNAP-approved applications,
ammonia, etc.). Some in the industry have told EPA that the Agency
should require training and certification of HVACR contractors that
work with flammable refrigerants. The primary concern is the safety of
the technicians working on appliances, the owners and operators of
those appliances, and anyone recovering or reclaiming refrigerant from
those appliances that may not be labeled properly or mixed with
flammable refrigerants.
EPA appreciates the concerns raised by stakeholders about flammable
refrigerants and is planning to add questions on this topic to the
technician certification test bank when the Agency updates those
questions. These questions would cover proper handling practices to
prevent mixing with ODS and substitute refrigerants, as well as safety.
EPA has also proposed to broaden the definition of substitute so that
it covers all refrigerants used by any person as replacements for a
class I or II ozone-depleting substance whether or not SNAP-approved.
This is to ensure that substitutes found to be unacceptable in a given
refrigerant end-use under SNAP will still be covered by the safe
handling requirements of subpart F.
EPA is not proposing, however, to extend the sales restriction in
today's proposal to hydrocarbon refrigerants for sale in the approved
end-uses under SNAP. EPA is also not revisiting in this proposed rule
the determination that venting, releasing, or disposing of hydrocarbon
refrigerants in the limited

[[Page 69513]]

end-uses for which is it allowed, does not pose a threat to the
environment. EPA also seeks comments on whether the Agency should
establish through a future rulemaking a technician certification
requirement for flammable refrigerants, or extend the sales restriction
(as a way to enforce the certification requirement) or other 608
requirements to flammable refrigerants that are exempt from the venting
prohibition. Commenters should provide as much detail as possible,
including the requirements that the Agency should establish, and what
the environmental benefits might be.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

This action is a significant regulatory action that was submitted
to OMB for review. This action was deemed to raise novel legal or
policy issues. Any changes made in response to OMB recommendations have
been documented in the docket. EPA prepared an economic analysis of the
potential costs and benefits associated with this action. This analysis
is summarized in Section V of the preamble and is available in the
docket.

B. Paperwork Reduction Act

The information collection activities in this proposed rule have
been submitted for approval to OMB under the PRA. The Information
Collection Request (ICR) document that EPA prepared has been assigned
EPA ICR number 1626.13. You can find a copy of the ICR in the docket
for this rule.
All recordkeeping and reporting requirements under this program are
specifically described in Section IV.L. of this preamble. In order to
facilitate compliance with and enforce the requirements of section 608
of the CAA, EPA requires reporting and recordkeeping requirements of
technicians, technician certification programs, refrigerant recovery/
recycling equipment testing organizations, refrigerant wholesalers and
purchasers, refrigerant reclaimers, refrigeration and air-conditioning
equipment owners, and other establishments that perform refrigerant
removal, service, or disposal. EPA has used and will continue to use
these records and reports to ensure that refrigerant releases are
minimized during the recovery, recycling, and reclamation processes.
The handling and confidentiality of the reporting requirements follow
EPA's confidentiality regulations at 40 CFR 2.201 et seq. for assuring
computer data security, preventing disclosure, proper storage, and
proper disposal.
Respondents/affected entities: Entities required to comply with
reporting and recordkeeping requirements include technicians;
technician certification programs; refrigerant wholesalers; refrigerant
reclaimers; refrigeration and air-conditioning equipment owners and/or
operators; and other establishments that perform refrigerant removal,
service, or disposal.
Respondent's obligation to respond: Mandatory (40 CFR part 82,
subpart F).
Estimated number of respondents: The total number of respondents is
estimated to be approximately 1,050,390.
Frequency of response: The frequency of responses vary from once a
year to daily. Public reporting burden for this collection of
information is estimated to vary from one minute to 9.5 hours per
response, including time for reviewing instructions and gathering,
maintaining, and submitting information.
Total estimated burden: The total estimated burden is 797,314 hours
(per year). Burden is defined at 5 CFR 1320.3(b).
Total estimated cost: The total estimated cost is $35,931,685 (per
year). There are no estimated annualized capital or operation &
maintenance costs associated with the reporting or recordkeeping
requirements.
Most of this burden is already covered by the existing requirements
in 40 CFR part 82, subpart F, and the existing ICR, which was last
approved by OMB in December 2014.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. The OMB control
number for this information collection is 2060-0256.
Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to Docket ID No. EPA-HQ-OAR-2015-0453. You
may also send your ICR-related comments to OMB's Office of Information
and Regulatory Affairs via email to oria_submissions@omb.eop.gov,
Attention: Desk Officer for EPA. Since OMB is required to make a
decision concerning the ICR between 30 and 60 days after receipt, OMB
must receive comments no later than December 9, 2015. EPA will respond
to any ICR-related comments in the final rule.

C. Regulatory Flexibility Act (RFA)

I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. The
small entities subject to the requirements of this action are
businesses and small governmental jurisdictions that own or service
comfort cooling, commercial refrigeration, or IPR equipment. EPA
estimates that approximately 140 of the approximately 950,000 affected
small businesses could incur costs in excess of 1% of annual sales and
that fewer than 80 small businesses could incur costs in excess of 3%
of annual sales. These levels are below the thresholds under which it
can be presumed that an action will have no SISNOSE, as used in other
Title VI rulemakings. Details of this analysis are presented in the
Analysis of the Economic Impact and Benefits of Proposed Revisions to
the National Recycling and Emission Reduction Program available in the
docket to this rule.

D. Unfunded Mandates Reform Act (UMRA)

This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This rule
supplements the statutory self-effectuating prohibition against venting
refrigerants by ensuring that certain service practices are conducted
that reduce the emissions of ozone-depleting refrigerants and their
substitutes. This rule also proposes to strengthen the leak repair
requirements, establish recordkeeping requirements for the disposal of
appliances containing five to 50 pounds of refrigerant, and modify the
technician certification program.

E. Executive Order 13132: Federalism

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.

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

This action does not have tribal implications as specified in
Executive Order 13175. This rule does not significantly or uniquely
affect the communities of Indian tribal governments. This rule
supplements the

[[Page 69514]]

statutory self-effectuating prohibition against venting refrigerants by
ensuring that certain service practices are conducted that reduce the
emissions of ozone-depleting refrigerants and their substitutes. This
rule also proposes to strengthen the leak repair requirements,
establish recordkeeping requirements for the disposal of appliances
containing five to 50 pounds of refrigerant, and modify the technician
certification program. Thus, Executive Order 13175 does not apply to
this action.

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

This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in Executive Order 12866. The agency nonetheless has reason to believe
that the environmental health or safety risk addressed by this action
may have a disproportionate effect on children. Depletion of
stratospheric ozone results in greater transmission of the sun's
ultraviolet (UV) radiation to the earth's surface. The following
studies describe the effects of excessive exposure to UV radiation on
children: (1) Westerdahl J, Olsson H, Ingvar C. ``At what age do
sunburn episodes play a crucial role for the development of malignant
melanoma,'' Eur J Cancer 1994: 30A: 1647-54; (2) Elwood JM Japson J.
``Melanoma and sun exposure: an overview of published studies,'' Int J
Cancer 1997; 73:198-203; (3) Armstrong BK, ``Melanoma: childhood or
lifelong sun exposure,'' In: Grobb JJ, Stern RS Mackie RM, Weinstock
WA, eds. ``Epidemiology, causes and prevention of skin diseases,'' 1st
ed. London, England: Blackwell Science, 1997: 63-6; (4) Whiteman D.,
Green A. ``Melanoma and Sunburn,'' Cancer Causes Control, 1994: 5:564-
72; (5) Heenan, PJ. ``Does intermittent sun exposure cause basal cell
carcinoma? A case control study in Western Australia,'' Int J Cancer
1995; 60: 489-94; (6) Gallagher, RP, Hill, GB, Bajdik, CD, et al.
``Sunlight exposure, pigmentary factors, and risk of nonmelanocytic
skin cancer I, Basal cell carcinoma,'' Arch Dermatol 1995; 131: 157-63;
(7) Armstrong, DK. ``How sun exposure causes skin cancer: an
epidemiological perspective,'' Prevention of Skin Cancer. 2004. 89-116.

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

This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy.

I. National Technology Transfer and Advancement Act and 1 CFR Part 51

This action involves technical standards. In some instances, EPA is
proposing to adopt a modified version of an industry standard for
purposes of this rule; in others, EPA is proposing to incorporate an
industry standard by reference exactly as written. First, EPA is
proposing that all new recovery and/or recycling equipment used during
the maintenance, service, repair, or disposal of appliances
manufactured or imported after the effective date of this rule be
required to meet the standard based on AHRI Standard 740-2015,
Performance Rating of Refrigerant Recovery Equipment and Recovery/
Recycling Equipment. This standard establishes methods of testing for
rating and evaluating the performance of refrigerant recovery equipment
and recovery/recycling equipment. The standard is available at
www.ahrinet.org or by mail at Air-Conditioning, Heating, and
Refrigeration Institute (AHRI), 2111 Wilson Blvd., Suite 500,
Arlington, VA 22201.
EPA's lead proposal is to include this AHRI Standard with minor
modifications in appendix B3. EPA is also proposing to establish in
appendix B4 a modified version of the appendix B3 standard that could
be used to certify recovery/recycling equipment used to recover/recycle
flammable refrigerants. As proposed, the standard in appendix B4 would
base the recovery/recycling performance on AHRI 740-2015 and the safety
performance standards in UL 1963, Supplement SB, Requirements for
Refrigerant Recovery/Recycling Equipment Intended for Use with a
Flammable Refrigerant. UL 1963, Supplement SB establishes standards for
refrigerant recovery and refrigerant recovery/recycling equipment to
ensure the equipment can be used safely with flammable refrigerants.
The standard is available at https://www.comm-2000.com or by writing to
Comm 2000, 151 Eastern Avenue, Bensenville, IL 60106.
In addition, EPA is proposing to incorporate by reference many of
the standards referenced in appendix B3 and B4, including:

--ASHRAE Terminology, American Society of Heating, Refrigerating, and
Air-Conditioning Engineers, Inc. This Web site provides a glossary of
technical terms used by ASHRAE and is available at https://www.ashrae.org/resources--publications/free-resources/ashrae-terminology.
--UL Standard 1963, Refrigerant Recovery/Recycling Equipment, First
Edition, 2011, American National Standards Institute/Underwriters
Laboratories, Inc. This standard establishes safety requirements for
and methods to evaluate refrigerant recovery and refrigerant recovery/
recycling equipment. The standard is available at https://www.comm-2000.com or by writing to Comm 2000, 151 Eastern Avenue, Bensenville,
IL 60106.
_AHRI Standard 110-2012, Air-Conditioning, Heating and Refrigerating
Equipment Nameplate Voltages, 2012, Air-Conditioning, Heating, and
Refrigeration Institute. This standard establishes voltage rating
requirements, equipment performance requirements, and conformance
conditions for air-conditioning, heating, and refrigerating equipment.
The standard is available at www.ahrinet.org or by mail at Air-
Conditioning, Heating, and Refrigeration Institute (AHRI), 2111 Wilson
Boulevard, Suite 500, Arlington, VA 22201.
--International Standard IEC 60038, IEC Standard Voltages, 2009,
International Electrotechnical Commission.

This standard specifies standard voltage values which are intended
to serve as preferential values for the nominal voltage of electrical
supply systems, and as reference values for equipment and system
design. The standard is available at www.techstreet.com or by writing
to Techstreet, 6300 Interfirst Drive, Ann Arbor, MI 48108.
EPA seeks comments on the use of these standards, especially
whether to incorporate the UL standard by reference into appendix B4
alongside the appendix B3 requirements or whether to establish a
standard in appendix B4 that is based on that standard.
Second, reclaimers are required to reprocess refrigerant to
standards based on ARI Standard 700-1995, Specification for
Fluorocarbons and Other Refrigerants. AHRI Standard 700 establishes
purity specifications for refrigerants, and to specify the associated
methods of testing for acceptability of refrigerants. EPA is proposing
to update appendix A to include HFCs, PFCs, HFOs, and other
refrigerants based on the standards contained in AHRI Standard 700-
2015, Specifications for Refrigerants, but not incorporate the full
standard by reference because EPA intends to keep the older unsaturates
limit. The standard is available at www.ahrinet.org or by mail at Air-
Conditioning, Heating,

[[Page 69515]]

and Refrigeration Institute (AHRI), 2111 Wilson Boulevard, Suite 500,
Arlington, VA 22201.
EPA is proposing to incorporate by reference the additional
standards referenced in AHRI 700-2015. Specifically, EPA is proposing
to incorporate by reference the following standards:

--Appendix C to AHRI Standard 700-2015: Analytical Procedures for AHRI
Standard 700-2015, Normative, Specification for Fluorocarbon
Refrigerants. This document establishes definitive test procedures for
determining the quality of new, reclaimed and/or repackaged
refrigerants in support of the standards established in AHRI-700, and
is available at www.ahrinet.org or by mail at Air-Conditioning,
Heating, and Refrigeration Institute (AHRI), 2111 Wilson Boulevard,
Suite 500, Arlington, VA 22201.
--Appendix D Gas Chromatograms for AHRI Standard 700-2015--Informative,
Specification for Fluorocarbon Refrigerants, 2012, Air-Conditioning,
Heating, and Refrigeration Institute. This appendix provides figures
for the gas chromatograms used with Appendix C to AHRI Standard 700-
2015: Analytical Procedures for AHRI Standard 700-2015, Normative,
Specification for Fluorocarbon Refrigerants. The appendix is available
at www.ahrinet.org or by mail at Air-Conditioning, Heating, and
Refrigeration Institute (AHRI), 2111 Wilson Boulevard, Suite 500,
Arlington, VA 22201.
--Federal Specification for ``Fluorocarbon Refrigerants,'' BB-F-1421 B,
dated March 5, 1982, section 4.4.3. This section of this standard
establishes a method to determine the boiling point and boiling point
range of a refrigerant. The standard is available in the docket for
this rulemaking.
--GPA STD-2177, Analysis of Natural Gas Liquid Mixtures Containing
Nitrogen and Carbon Dioxide by Gas Chromatography, 2013, Gas Processors
Association. This standard establishes methods for analyzing
demethanized liquid hydrocarbon streams containing nitrogen/air and
carbon dioxide, and purity products such as ethane/propane mix that
fall within compositional ranges indicated in the standard. The
standard is available at www.techstreet.com or by writing to
Techstreet, 6300 Interfirst Drive, Ann Arbor, MI 48108.
_ASTM Standard D1296-01-2012, Standard Test Method for Odor of
Volatile Solvents and Diluents, 2012, ASTM International. This test
method covers a comparative procedure for observing the characteristic
and residual odors of volatile organic solvents and diluents to
determine their odor acceptability in a solvent system. The standard is
available at www.astm.org or by writing to ASTM, 100 Barr Harbor Drive,
PO Box C700, West Conshohocken, PA 19428-2959.

EPA seeks comments on whether to incorporate the updated standards
by reference or whether appendix A should be updated based on AHRI 700-
2015 to include HFCs, PFCs, HFOs, and other refrigerants.
Third, EPA is proposing to create in appendix E a standard for
self-sealing valves that is based largely on CARB's Test Procedure for
Leaks from Small Containers of Automotive Refrigerant, TP-503, as
amended January 5, 2010. The standard establishes methods for assessing
the leak rate from small containers of refrigerant. A copy of this
standard is available in the docket and www.arb.ca.gov/regact/2009/hfc09/hfc09.htm. EPA requests comment on the use of this CARB standard
for self-sealing valves.

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

EPA believes this action will not have disproportionately high and
adverse human health or environmental effects on minority or low-income
populations, because it affects the level of environmental protection
equally for all affected populations without having any
disproportionately high and adverse human health or environmental
effects on any population, including any minority or low-income
population. This rule would amend the leak repair requirements for
appliances using ozone-depleting substances, which would protect human
health and the environment from increased amounts of UV radiation and
increased incidence of skin cancer. The effects of exposure to UV
radiation and the estimated reduction in emissions of ozone-depleting
substances from this proposed rule is contained in section II.D.1 of
this preamble.

List of Subjects in 40 CFR Part 82

Environmental protection, Air pollution control, Chemicals,
Incorporation by reference, Reporting and recordkeeping requirements.

Dated: October 15, 2015.
Gina McCarthy,
Administrator.

For the reasons set forth in the preamble, EPA proposes to amend 40
CFR part 82 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.

0
2. Revise Sec. 82.150 to read as follows:

Sec. 82.150 Purpose and scope.

(a) The purpose of this subpart is 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 maintenance, service, repair, and disposal of
appliances and restricting the sale of refrigerants consisting in whole
or in part of a class I or class II ozone-depleting substance or their
substitutes in accordance with Title VI of the Clean Air Act.
(b) This subpart applies to any person maintaining, servicing, 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 and
operators, manufacturers of appliances, manufacturers of recovery and/
or recycling equipment, approved recovery and/or recycling equipment
testing organizations, and persons buying, selling, or offering to sell
class I, class II, or substitute refrigerants.
0
3. Amend Sec. 82.152:
0
a. by adding definitions for ``Class I,'' ``Class II,'' ``Comfort
cooling,'' ``Component,'' ``Leak inspection,'' ``Mothball,'' ``Normal
operating characteristics and conditions,'' ``Reclaim,'' ``Recover,''
``Recycle,'' ``Retire,'' ``Retrofit,'' ``Seasonal variance,'' ``Self-
sealing valve,'' and ``System receiver.''
0
b. by revising the definitions for ``Appliance,'' ``Apprentice,''
``Commercial refrigeration,'' ``Custom-built,'' ``Disposal,'' ``Follow-
up verification test,'' ``Full charge,'' ``High-pressure appliance,''
``Industrial process refrigeration,'' ``Industrial process shutdown,''
``Initial verification test,'' ``Leak rate,'' ``Low-loss fitting,''
``Low-pressure appliance,'' ``Medium-pressure appliance,'' ``MVAC-like
appliance,'' ``One-time expansion device,''

[[Page 69516]]

``Opening an appliance,'' ``Recovery efficiency,'' ``Refrigerant,''
``Self-contained recovery equipment,'' ``Small appliance,''
``Substitute,'' ``Technician,'' and ``Very high-pressure appliance.''
0
c. by removing the definitions for ``Critical Component,'' ``Normal
operating characteristics or conditions,'' ``Normally containing a
quantity of refrigerant,'' ``Reclaim refrigerant,'' ``Recover
refrigerant,'' ``Recycle refrigerant,'' ``Suitable replacement
refrigerant,'' ``System mothballing,'' and ``Voluntary certification
program.''
The revisions and additions to read as follows:

Sec. 82.152 Definitions.

As used in this subpart, the term:
Appliance means any device which contains and uses a class I or
class II substance or substitute as a refrigerant and which is used for
household or commercial purposes, including any air conditioner, motor
vehicle air conditioner, refrigerator, chiller, or freezer.
Apprentice means any person who is currently registered as an
apprentice in maintenance, service, repair, or disposal of appliances
with the U.S. Department of Labor's Office of Apprenticeship (or a
State Apprenticeship Council recognized by the Office of
Apprenticeship). A person may only be an apprentice for two years from
the date of first registering with that office.
* * * * *
Class I refers to an ozone-depleting substance that is listed in 40
CFR part 82 subpart A, appendix A.
Class II refers to an ozone-depleting substance that is listed in
40 CFR part 82 subpart A, appendix B.
Comfort cooling means the air-conditioning appliances used to
provide cooling in order to control heat and/or humidity in facilities
including but not limited to office buildings and commercial buildings.
Comfort cooling appliances include building chillers and roof-top self-
contained units. They may be used for the comfort of occupants or for
climate control to protect equipment within a facility, including but
not limited to computer rooms.
Commercial refrigeration means the refrigeration appliances used in
the retail food and cold storage warehouse sectors. Retail food
includes the refrigeration equipment found in supermarkets, convenience
stores, restaurants and other food service establishments. Cold storage
includes the refrigeration equipment used to store meat, produce, dairy
products, and other perishable goods.
Component means a part of the refrigerant loop within an appliance
including, but not limited to, compressors, condensers, evaporators,
receivers, and all of its connections and subassemblies.
Custom-built means that the equipment or any of its components
cannot be purchased and/or installed without being uniquely designed,
fabricated and/or assembled to satisfy a specific set of industrial
process conditions.
Disposal means the process leading to and including:
(1) The discharge, deposit, dumping or placing of any discarded
appliance into or on any land or water;
(2) The disassembly of any appliance for discharge, deposit,
dumping or placing of its discarded component parts into or on any land
or water;
(3) The destruction of any appliance such that the refrigerant
would be released into the environment if it had not been recovered
prior to the destructive activity, or
(4) The disassembly of any appliance for reuse or recycling of its
component parts.
Follow-up verification test means those tests that involve checking
the repairs to an appliance after a successful initial verification
test and after the appliance has returned to normal operating
characteristics and conditions to verify that the repairs were
successful. 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.
Full charge means 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 of the equipment manufacturer's determination of the full
charge;
(2) Use of appropriate calculations based on component sizes,
density of refrigerant, volume of piping, and other relevant
considerations;
(3) Use of actual measurements of the amount of refrigerant added
to or evacuated from the appliance, including for seasonal variances;
and/or
(4) Use of 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.
High-pressure appliance means an appliance that uses a refrigerant
with a liquid phase saturation pressure between 170 psia and 355 psia
at 104[emsp14][deg]F. Examples include but are not limited to
appliances using R-22, R-407A, R-407C, R-410A, and R-502.
Industrial process refrigeration means complex customized
appliances that are directly linked to the processes used in, for
example, the chemical, pharmaceutical, petrochemical, and manufacturing
industries. 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.
Industrial process shutdown means when an industrial process or
facility temporarily ceases to operate or manufacture whatever is being
produced at that facility.
Initial verification test means those leak tests that are conducted
as soon as practicable after the repair is finished to verify that a
leak or leaks have been repaired before refrigerant is added back to
the appliance.
Leak inspection means the examination of all visible components of
an appliance using a calibrated leak detection device, a bubble test,
or visual inspection for oil residue in order to determine the presence
and location of refrigerant leaks.
Leak rate means the rate at which an appliance is losing
refrigerant, measured between refrigerant charges. The leak rate is
expressed in terms of the percentage of the appliance's full charge
that would be lost over a 12-month period if the current rate of loss
were to continue over that period. The rate is calculated using only
one of the following methods for all appliances subject to the leak
repair requirements located at an operating facility.
(1) Annualizing Method. Step 1. Take the number of pounds of
refrigerant added to the appliance to return it to a full charge,
whether in one addition or if multiple additions related to same leak,
and divide it by the number of pounds of refrigerant the appliance
normally contains at full charge;
Step 2. Take the shorter of the number of days that have passed
since the last day refrigerant was added or 365 days and divide that
number by 365 days;
Step 3. Take the number calculated in Step 1 and divide it by the
number calculated in Step 2; and
Step 4. Multiply the number calculated in Step 3 by 100 to
calculate a percentage. This method is summarized in the following
formula:

[[Page 69517]]

[GRAPHIC] [TIFF OMITTED] TP09NO15.300

(2) Rolling Average Method. Step 1. Take the sum of the pounds of
refrigerant added to the appliance over the previous 365-day period (or
over the period that has passed since the last successful follow-up
verification test showing all leaks in the appliance were repaired, if
that period is less than one year);
Step 2. Divide the result of Step 1 by the pounds of refrigerant
the appliance normally contains at full charge; and
Step 3. Multiply the result of Step 2 by 100 to obtain a
percentage. This method is summarized in the following formula:
[GRAPHIC] [TIFF OMITTED] TP09NO15.301

Low-loss fitting means any device that is intended to establish a
connection between hoses, appliances, or recovery and/or recycling
machines and that is designed to close automatically or to be closed
manually when disconnected, minimizing the release of refrigerant from
hoses, appliances, and recovery and/or recycling machines.
Low-pressure appliance means an appliance that uses a refrigerant
with a liquid phase saturation pressure below 45 psia at
104[emsp14][deg]F. Examples include but are not limited to appliances
using R-11, R-123, R-113, and R-245fa.
* * * * *
Medium-pressure appliance means an appliance that uses a
refrigerant with a liquid phase saturation pressure between 45 psia and
170 psia at 104[emsp14][deg]F. Examples include but are not limited to
appliances using R-114, R-124, R-12, R-134a, and R-500.
Mothball means to evacuate refrigerant from an appliance, or the
affected isolated section or component of an appliance, to at least
atmospheric pressure, and to temporarily shut down that appliance.
* * * * *
MVAC-like appliance means a mechanical vapor compression, open-
drive compressor appliance with a full charge of 20 pounds or less of
refrigerant used to cool the driver's or passenger's compartment of an
off-road motor vehicle. This includes, but is not limited to, the air-
conditioning equipment found on agricultural or construction vehicles.
This definition is not intended to cover appliances using R-22
refrigerant.
Normal operating characteristics and conditions means appliance
operating temperatures, pressures, fluid flows, speeds, and other
characteristics, including full charge of the appliance, that would be
expected for a given process load and ambient condition during normal
operation. Normal operating characteristics and conditions are marked
by the absence of atypical conditions affecting the operation of the
appliance.
One-time expansion device means an appliance that relies on the
release of its refrigerant charge to the environment in order to
provide a cooling effect. These are typically single releases but could
also include products that are designed to release refrigerant to the
environment through multiple individual charges.
Opening an appliance means any maintenance, service, repair, or
disposal of an appliance that would release any refrigerant in the
appliance to the atmosphere. Connecting and disconnecting hoses and
gauges to measure pressures, add refrigerant, or recover refrigerant
from the appliance are not considered ``opening an appliance.''
* * * * *
Reclaim means to reprocess recovered refrigerant to all of the
specifications in appendix A of this subpart (based on AHRI Standard
700-2015, Specifications for Refrigerants) that are applicable to that
refrigerant and to verify that the refrigerant meets these
specifications using the analytical methodology prescribed in section 5
of appendix A of this subpart.
Recover means to remove refrigerant in any condition from an
appliance and to store it in an external container without necessarily
testing or processing it in any way.
Recovery efficiency means the percentage of refrigerant in an
appliance that is recovered by a piece of recovery and/or recycling
equipment.
Recycle, when referring to refrigerant, means to extract
refrigerant from an appliance and clean it for reuse in equipment of
the same owner without meeting all of the requirements for reclamation.
In general, recycled refrigerant is cleaned using oil separation and
single or multiple passes through devices, such as replaceable core
filter-driers, which reduce moisture, acidity, and particulate matter.
Refrigerant means, for purposes of this subpart, any substance,
including blends and mixtures, consisting in part or whole of a class I
or class II ozone-depleting substance or substitute that is used for
heat transfer purposes and provides a cooling effect.
Refrigerant circuit means the parts of an appliance that are
normally connected to each other (or are separated only by internal
valves) and are designed to contain refrigerant.
Retire, when referring to an appliance, means the disassembly of
the entire appliance including its major components, such that the
appliance as a whole cannot be used by any person in the future.
Retrofit means to convert an appliance from one refrigerant to
another refrigerant. Retrofitting includes the conversion of the
appliance to achieve system compatibility with the new refrigerant and
may include, but is not limited to, changes in lubricants, gaskets,
filters, driers, valves, o-rings or appliance components.

[[Page 69518]]

Seasonal variance means the addition of refrigerant to an appliance
due to a change in ambient conditions caused by a change in season,
followed by the subsequent removal of an equal amount of refrigerant in
the corresponding change in season, where both the addition and removal
of refrigerant occurs within one consecutive 12-month period.
Self-contained recovery equipment means refrigerant recovery and/or
recycling equipment that is capable of removing the refrigerant from an
appliance without the assistance of components contained in the
appliance.
Self-sealing valve means a valve affixed to a container of
refrigerant that automatically seals when not dispensing refrigerant
and meets or exceeds established performance criteria as identified in
Sec. 82.154(c)(2).
Small appliance means any appliance that is fully manufactured,
charged, and hermetically sealed in a factory with five (5) pounds or
less of refrigerant, including, but not limited to, refrigerators and
freezers (designed for home, commercial, or consumer use), medical or
industrial research refrigeration equipment, room air conditioners
(including window air conditioners, portable air conditioners, and
packaged terminal air heat pumps), dehumidifiers, under-the-counter ice
makers, vending machines, and drinking water coolers.
Substitute means any chemical or product, whether existing or new,
that is used as a refrigerant to replace a class I or II ozone-
depleting substance.
System-dependent recovery equipment means refrigerant recovery
equipment that requires the assistance of components contained in an
appliance to remove the refrigerant from the appliance.
System receiver means the isolated portion of the appliance, or a
specific vessel within the appliance, that is used to hold the
refrigerant charge during the servicing or repair of that appliance.
Technician means any person who in the course of maintenance,
service, or repair of an appliance could be reasonably expected to
violate the integrity of the refrigerant circuit and therefore release
refrigerants into the environment. Technician also means any person who
disposes of an appliance that could be reasonably expected to violate
the integrity of the refrigerant circuit and therefore release
refrigerants from the appliance into the environment, except for
persons who only dispose of appliances that are small appliances,
MVACs, and MVAC-like appliances. Activities reasonably expected to
violate the integrity of the refrigerant circuit include but are not
limited to: Attaching and detaching hoses and gauges to and from the
appliance; adding or removing refrigerant; adding or removing
components; and cutting the refrigerant line. Activities such as
painting the appliance, rewiring an external electrical circuit,
replacing insulation on a length of pipe, or tightening nuts and bolts
are not reasonably expected to violate the integrity of the refrigerant
circuit. Activities conducted on appliances that have been properly
evacuated pursuant to Sec. 82.156 are not reasonably expected to
release refrigerants unless the activity includes adding refrigerant to
the appliance. Technicians could include but are not limited to
installers, contractor employees, in-house service personnel, and in
some cases owners and/or operators of appliances.
Very high-pressure appliance means an appliance that uses a
refrigerant with a critical temperature below 104 [deg]F or with a
liquid phase saturation pressure above 355 psia at 104 [deg]F. Examples
include but are not limited to appliances using R-13, R-23, R-503, R-
508A, and R-508B.
0
4. Revise Sec. 82.154 to read as follows:

Sec. 82.154 Prohibitions.

(a) Venting Prohibition. (1) No person maintaining, servicing,
repairing, or disposing of an appliance or industrial process
refrigeration may knowingly vent or otherwise release into the
environment any refrigerant from such appliances. Notwithstanding any
other provision of this subpart, the following substitutes in the
following end-uses are exempt from this prohibition and from the
requirements of this subpart:
(i) Carbon dioxide in any application;
(ii) Nitrogen in any application;
(iii) Water in any application;
(iv) Ammonia in commercial or industrial process refrigeration or
in absorption units;
(v) Chlorine in industrial process refrigeration (processing of
chlorine and chlorine compounds);
(vi) Hydrocarbons in industrial process refrigeration (processing
of hydrocarbons);
(vii) Ethane (R-170) in very low temperature refrigeration
equipment and equipment for non-mechanical heat transfer;
(viii) Propane (R-290) in retail food refrigerators and freezers
(stand-alone units only); household refrigerators, freezers, and
combination refrigerators and freezers; self-contained room air
conditioners for residential and light commercial air-conditioning;
heat pumps; and vending machines;
(ix) Isobutane (R-600a) in retail food refrigerators and freezers
(stand-alone units only) and vending machines;
(x) R-441A in retail food refrigerators and freezers (stand-alone
units only); self-contained room air conditioners for residential and
light commercial air-conditioning; heat pumps; and vending machines.
(2) De minimis releases associated with good faith attempts to
recycle or recover refrigerants are not subject to this prohibition.
Refrigerant releases are de minimis only if they occur when:
(i) The required practices in Sec. 82.155, Sec. 82.156, and Sec.
82.157 are observed, recovery and/or recycling machines that meet the
requirements in Sec. 82.158 are used whenever refrigerant is removed
from an appliance, the technician certification provisions in Sec.
82.161 are observed, and the reclamation requirements in Sec. 82.164
are observed; or
(ii) The requirements in subpart B of this part are observed.
(3) The knowing release of a refrigerant after its recovery from an
appliance is a violation of the venting prohibition.
(b) No person may maintain, service, repair, or dispose of an
appliance without:
(1) Observing the required practices in Sec. 82.155, Sec. 82.156,
and Sec. 82.157; and
(2) Using recovery and/or recycling equipment that is certified for
that type of refrigerant and appliance under Sec. 82.158.
(c) Sales Restriction. (1) No person may sell or distribute, or
offer for sale or distribution, any substance that consists in whole or
in part of a class I or class II substance or substitute for use as a
refrigerant unless:
(i) The buyer has been certified as a Type I, Type II, Type III, or
Universal technician under Sec. 82.161;
(ii) The buyer employs at least one technician who is certified as
a Type I, Type II, Type III, or Universal technician under Sec. 82.161
and provides proof of such to the seller;
(iii) The buyer has been certified in accordance with 40 CFR part
82, subpart B and the refrigerant is acceptable for use in MVACs under
40 CFR part 82, subpart G;
(iv) The buyer employs at least one technician who is certified
under 40 CFR part 82, subpart B, and provides proof of such to the
seller and the refrigerant is acceptable for use in MVACs under 40 CFR
part 82, subpart G. Nothing in this provision relieves persons of the
requirements of Sec. 82.34(b) or Sec. 82.42(b);
(v) The refrigerant is sold only for eventual resale to certified
technicians

[[Page 69519]]

or to appliance manufacturers (e.g., sold by a manufacturer to a
wholesaler, sold by a technician to a reclaimer);
(vi) The refrigerant is sold to an appliance manufacturer;
(vii) The refrigerant is contained in an appliance with a fully
assembled refrigerant circuit or an appliance component;
(viii) The refrigerant is charged into an appliance by a certified
technician or an apprentice during maintenance, service, or repair of
the appliance;
(ix) The refrigerant is exempted under paragraph (a)(1) of this
section; or
(x) The substitute refrigerant is intended for use in an MVAC and
is sold in a container designed to hold two pounds or less of
refrigerant, has a unique fitting, and has a self-sealing valve.
(2) Self-sealing valve specifications. This provision will apply
starting [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL
REGISTER] for all containers holding two pounds or less of substitute
refrigerant for use in an MVAC that are manufactured and placed into
initial inventory or imported on or after that date. All containers
holding two pounds or less of substitute refrigerant for use in an MVAC
that are manufactured and placed into initial inventory or imported
prior to that date must be sold prior to [TWO YEARS FROM PUBLICATION OF
A FINAL RULE IN THE FEDERAL REGISTER].
(i) Each container holding two pounds or less of substitute
refrigerant for use in an MVAC must be equipped with a single self-
sealing valve that automatically closes and seals when not dispensing
refrigerant.
(ii) The leakage rate from each container must not exceed 3.00
grams per year when the self-sealing valve is closed. This leakage rate
applies to new, full containers as well as containers that may be
partially full.
(iii) The leakage rate must be determined using the standards
described in appendix E.
(iv) All testing to demonstrate compliance with this paragraph must
be conducted by an independent test laboratory in the United States.
For purposes of this requirement, an independent test laboratory is one
that is not owned, operated, or affiliated with the applicant
certifying equipment and/or products.
(3) Recordkeeping. (i) Persons who sell or distribute, or offer to
sell or distribute, refrigerant must keep invoices that indicate the
name of the purchaser, the date of sale, and the quantity of
refrigerant purchased unless they are selling exempt substitutes or
small cans of MVAC refrigerant in accordance with paragraph (c)(1)(ix)
and (x) of this section. In instances where the buyer employs a
certified technician, the seller must keep the documentation provided
by the buyer that he or she employs at least one technician that is
properly certified. All records must be kept for three years.
(ii) Electronic or paper copies of all records described in
appendix E must be maintained by manufacturers of containers holding
two pounds or less of substitute refrigerant for use in an MVAC to
verify self-sealing valves meet the requirements specified in paragraph
(c)(2) of this section. All records must be kept for three years.
(d) Sale of Used Refrigerant. No person may sell or distribute, or
offer for sale or distribution, for use as a refrigerant any class I or
class II substance or substitute consisting wholly or in part of used
refrigerant unless the refrigerant:
(1) Has been reclaimed by a person who has been certified as a
reclaimer under Sec. 82.164;
(2) was used only in an MVAC or MVAC-like appliance and is to be
used only in an MVAC or MVAC-like appliance and recycled in accordance
with Sec. 82.34(d);
(3) is contained in an appliance that is sold or offered for sale
together with a fully assembled refrigerant circuit;
(4) is being transferred between or among a parent company and one
or more of its subsidiaries, or between or among subsidiaries having
the same parent company;
(5) is being transferred between or among a Federal agency or
department and a facility or facilities owned by the same Federal
agency or department; or
(6) is exempted under paragraph (a)(1) of this section.
(e) Manufacture and Sale of Appliances. (1) No person may sell or
distribute, or offer for sale or distribution, any appliance (except
small appliances) unless it is equipped with a servicing aperture to
facilitate the removal of refrigerant at servicing and disposal.
(2) No person may sell or distribute, or offer for sale or
distribution, any small appliance unless it is equipped with a process
stub to facilitate the removal of refrigerant at servicing and
disposal.
(f) One-time expansion devices. No person may manufacture or import
a one-time expansion device unless the only refrigerants it contains
have been exempted under paragraph (a)(1) of this section.
(g) Rules stayed for consideration. Notwithstanding any other
provisions of this subpart, the effectiveness of 40 CFR 82.154(c), only
as it applies to refrigerant contained in appliances without fully
assembled refrigerant circuits, is stayed from April 27, 1995, until
EPA takes final action on its reconsideration of these provisions. EPA
will publish any such final action in the Federal Register.
0
5. Add Sec. 82.155 to subpart F to read as follows:

Sec. 82.155 Safe disposal of appliances.

Until [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL
REGISTER], this section applies only to disposal of appliances
containing class I and class II refrigerants. Starting on [ONE YEAR
FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER], this section
applies to disposal of appliances containing any refrigerant as defined
in Sec. 82.152.
(a) Persons who take the final step in the disposal process
(including but not limited to scrap recyclers and landfill operators)
of a small appliance, MVAC, or MVAC-like appliance (the final
processor) must either:
(1) Recover any remaining refrigerant from the appliance in
accordance with paragraph (b) of this section; or
(2) Verify using a signed statement or a contract that all
refrigerant that had not leaked previously has been recovered from the
appliance or shipment of appliances in accordance with paragraph (b) of
this section. This statement must include the name and address of the
person who recovered the refrigerant and the date the refrigerant was
recovered. The signed contract between the supplier and the final
processor must state that the supplier will recover any remaining
refrigerant from the appliance or shipment of appliances in accordance
with this paragraph prior to delivery.
(i) It is a violation of this subpart to accept a signed statement
or contract if the person receiving the statement or contract knew or
had reason to know that the signed statement or contract is false.
(ii) Persons complying with this paragraph must notify suppliers of
appliances that refrigerant must be properly recovered in accordance
with paragraph (b) of this section before delivery of the items to the
facility. The form of this notification may be signs, letters to
suppliers, or other equivalent means.
(b) Persons recovering refrigerant from a small appliance, MVAC, or
MVAC-like appliance for purposes of disposal of these appliances must
evacuate refrigerant to the levels in Sec. 82.156(b) or

[[Page 69520]]

(c) using recovery equipment that meets the standards in Sec.
82.158(e)-(g), as applicable.
(c) Recordkeeping. Persons who take the final step in the disposal
process of a small appliance, MVAC, or MVAC-like appliance must keep a
copy of all the signed statements or contracts obtained under paragraph
(a)(2) of this section on site, in paper or electronic format, for at
least three years.
0
6. Revise Sec. 82.156 to read as follows:

Sec. 82.156 Proper evacuation of refrigerant from appliances.

Until [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL
REGISTER], this section applies only to proper evacuation of
refrigerant from appliances containing class I and class II
refrigerants. Starting on [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN
THE FEDERAL REGISTER], this section applies to proper evacuation of
refrigerant from appliances containing any refrigerant as defined in
Sec. 82.152, except that the leak repair provisions in Sec. 82.157
apply in lieu of paragraph (i) of this section.
(a) Appliances other than small appliances, MVACs, and MVAC-like
appliances. Before opening such appliances, or disposing of such
appliances, persons must evacuate the refrigerant, including all the
liquid refrigerant (except as provided in paragraph (a)(1)(ii) of this
section), to the levels in Table 1 using a recovery and/or recycling
machine certified pursuant to Sec. 82.158 unless the situations in
paragraphs (a)(1) or (a)(2) apply. Persons may evacuate either the
entire appliance or the part to be serviced, if the refrigerant in the
part can be isolated to a system receiver. A technician must verify
that the applicable level of evacuation has been reached in the
appliance or the part before it is opened.
(1) If evacuation of the appliance to the atmosphere is not to be
performed after completion of the maintenance, service, or repair, and
if the maintenance, service, or repair is not major as defined at Sec.
82.152, the appliance must:
(i) Be evacuated to a pressure no higher than 0 psig before it is
opened if it is a medium-, high- or very high-pressure appliance;
(ii) Be pressurized to a pressure no higher than 0 psig before it
is opened if it is a low-pressure appliance. Persons must cover
openings when isolation is not possible. Persons pressurizing low-
pressure appliances that use refrigerants with boiling points at or
below 85 degrees Fahrenheit at 29.9 inches of mercury (standard
atmospheric pressure), must not use methods such as nitrogen that
require subsequent purging. Persons pressurizing low-pressure
appliances that use refrigerants with boiling points above 85 degrees
Fahrenheit at 29.9 inches of mercury, must use heat to raise the
internal pressure of the appliance as much as possible, but may use
nitrogen to raise the internal pressure of the appliance from the level
attainable through use of heat to atmospheric pressure; or
(iii) For the purposes of oil changes, be evacuated or pressurized
to a pressure no higher than 5 psig, before it is opened; or drain the
oil into a system receiver to be evacuated or pressurized to a pressure
no higher than 5 psig.
(2) If leaks in the appliance make evacuation to the levels in
Table 1 unattainable or would substantially contaminate the refrigerant
being recovered, persons opening or disposing of the appliance must:
(i) Isolate leaking from non-leaking components wherever possible;
(ii) Evacuate non-leaking components to be opened or disposed of to
the levels specified in Table 1; and
(iii) Evacuate leaking components to be opened or disposed of to
the lowest level that can be attained without substantially
contaminating the refrigerant. This level may not exceed 0 psig.
(3) Recordkeeping. Persons evacuating refrigerant from appliances
with a full charge of more than 5 and less than 50 pounds of
refrigerant for purposes of disposal of that appliance must keep
records documenting the following for three years:
(i) The company name, location of the equipment, date of recovery,
amount and type of refrigerant recovered for each appliance; and
(ii) The quantity and type of refrigerant transferred for
reclamation and/or destruction, to whom it was transferred, and the
date of transfer.

Table 1--Required Levels of Evacuation for Appliances
[Except for small appliances, MVACs, and MVAC-like appliances]
----------------------------------------------------------------------------------------------------------------
Inches of Hg vacuum (relative to standard atmospheric pressure of 29.9
inches Hg)
-------------------------------------------------------------------------
Type of appliance Using recovery and/or recycling
Using recovery and/or recycling equipment manufactured or
equipment manufactured or imported on or after November 15,
imported before November 15, 1993 1993
----------------------------------------------------------------------------------------------------------------
Very high-pressure appliance.......... 0.................................. 0
High-pressure appliance, or isolated 0.................................. 0
component of such appliance, with a
full charge of less than 200 pounds
of refrigerant.
High-pressure appliance, or isolated 4.................................. 10
component of such appliance, with a
full charge of 200 pounds or more of
refrigerant.
Medium-pressure appliance, or isolated 4.................................. 10
component of such appliance, with a
full charge of less than 200 pounds
of refrigerant.
Medium-pressure appliance, or isolated 4.................................. 15
component of such appliance, with a
full charge of 200 pounds or more of
refrigerant.
Low-pressure appliance................ 25 mm Hg absolute.................. 25 mm Hg absolute.
----------------------------------------------------------------------------------------------------------------

(b) Small appliances. Before opening a small appliance or when
disposing of a small appliance, persons must use a recovery and/or
recycling machine certified pursuant to Sec. 82.158 that meets the
following conditions:
(1) When using recovery equipment manufactured before November 15,

[[Page 69521]]

1993, recover 80% of the refrigerant in the small appliance; or
(2) When using recovery equipment manufactured on or after November
15, 1993, recover 90% of the refrigerant in the appliance when the
compressor in the appliance is functioning, or 80% of the refrigerant
in the appliance when the compressor in the appliance is not
functioning; or
(3) Evacuate the appliance to four inches of mercury vacuum.
(c) MVACs and MVAC-like appliances. Persons may only open MVAC and
MVAC-like appliances while properly using, as defined at Sec.
82.32(e), recovery and/or recycling equipment certified pursuant to
Sec. 82.158(f) or (g), as applicable. All persons recovering
refrigerant from MVACs and MVAC-like appliances for purposes of
disposal of these appliances must reduce the system pressure to or
below 102 mm of mercury vacuum.
(d) System-dependent equipment may not be used with appliances with
a full charge of more than 15 pounds of refrigerant, unless the system-
dependent equipment is permanently attached to the appliance as a pump-
out unit.
(e) Persons who maintain, service, repair, or dispose of only
appliances that they own and that contain pump-out units are exempt
from the requirement to use certified, self-contained recovery and/or
recycling equipment.
(f) All recovery and/or recycling equipment must be used in
accordance with the manufacturer's directions unless such directions
conflict with the requirements of this subpart.
(g) Refrigerant may be returned to the appliance from which it is
recovered or to another appliance owned by the same person without
being recycled or reclaimed, unless the appliance is an MVAC or MVAC-
like appliance.
(h) [Reserved]
(i) The provisions in this paragraph (i) of this section apply to
owners and operators of appliances containing more than 50 pounds of
class I and class II refrigerants only until [18 MONTHS FROM
PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER]. The appliance
maintenance and leak repair provisions in Sec. 82.157 apply as of [18
MONTHS FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER].
* * * * *
0
7. Add Sec. 82.157 to Subpart F to read as follows:

Sec. 82.157 Appliance maintenance and leak repair.

(a) Applicability. This section applies as of [18 MONTHS FROM
PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER]. This section
applies only to appliances with a full charge of 50 or more pounds of
refrigerant. Unless otherwise specified, the requirements of this
section apply to the owner or operator of the appliance.
(b) Leak Inspections. (1) Commercial refrigeration and industrial
process refrigeration equipment with a full charge of 500 or more
pounds of refrigerant must be inspected for leaks once every three
months.
(i) Such equipment may be inspected once per year if no refrigerant
has been added in the past 365 days (excluding refrigerant added for
seasonal variances). The equipment may continue to be inspected once
per year if no refrigerant has been added in the past 365 days
(excluding refrigerant added for seasonal variances).
(ii) If refrigerant is added to an appliance that is on an annual
leak inspection schedule under paragraph (b)(1)(i) of this section, the
appliance owner or operator must resume quarterly leak inspections.
(2) Commercial refrigeration and industrial process refrigeration
equipment with a full charge of 50 or more pounds but less than 500
pounds of refrigerant must be inspected for leaks once per year.
(3) Comfort cooling appliances or other appliances not covered by
paragraphs (a)(1) or (a)(2) with a full charge of 50 or more pounds of
refrigerant must be inspected for leaks once per year.
(4) Quarterly or annual leak inspections as described in paragraphs
(b)(1)-(3) of this section are not required on appliances continuously
monitored by an automatic leak detection system that is audited and
calibrated annually. An automatic leak detection system may directly
detect refrigerant in air, monitor its surrounding in a manner other
than detecting refrigerant concentrations in air, or monitor conditions
of the appliance.
(i) For systems that directly detect the presence of a refrigerant
in air, the system must:
(A) Only be used on systems where the entire appliance or the
compressor, evaporator, condenser, or other component with a high
potential to leak is located inside an enclosed building or structure;
(B) Have sensors or intakes placed so that they will continuously
monitor the refrigerant concentrations in air in proximity to the
compressor, evaporator, condenser, and other areas with a high
potential for a refrigerant leak;
(C) Accurately detect a concentration level of 10 parts per million
of vapor of the specific refrigerant or refrigerants used in the
refrigeration appliance(s); and
(D) Alert the owner or operator when a refrigerant concentration of
100 parts per million of vapor of the specific refrigerant or
refrigerants used in the refrigeration appliance(s) is reached.
(ii) For a system that monitors its surrounding in a manner other
than detecting refrigerant concentrations in air or monitor conditions
of the appliance, the system must automatically alert the owner or
operator when measurements indicate a loss of 50 pounds of refrigerant
or 10 percent of the full charge, whichever is less.
(5) Owners or operators of federally-owned appliances may submit a
request to EPA at the address specified in paragraph (m) of this
section to conduct leak inspections less frequently than described in
paragraphs (b)(1)-(3) of this section. The frequency of inspections
cannot be less than one inspection every three years. The request will
be considered approved unless EPA notifies the owner or operator of the
appliance within 60 days of receipt of the request that it has been
disapproved. Requests must include an alternate leak inspection
schedule and demonstrate that:
(i) The appliance has a history of minimal leakage;
(ii) The appliance is remotely located or is otherwise difficult to
access for routine maintenance; and
(iii) Use of automatic leak detection equipment is not practical.
(c) Leak Rate Calculation. Persons adding or removing refrigerant
from an appliance must, upon conclusion of that service, provide the
owner or operator with documentations that meets the requirements of
paragraph (l)(4) of this section. The leak rate must be calculated
every time refrigerant is added to an appliance unless the addition is
made immediately following a retrofit, installation of a new appliance,
or qualifies as a seasonal variance.
(d) Requirement to Address Significant Leaks through Appliance
Repair, or Retrofitting or Retiring an Appliance. (1) Appliances with a
leak rate over the applicable leak rate in paragraph (d)(2) of this
section must be repaired in accordance with paragraphs (e)-(g) of this
section unless the owner elects to retrofit or retire the appliance in
compliance with paragraphs (h) and (i) of this section. If the owner or
operator elects to repair leaks, but fails to successfully comply with
paragraphs (e)-(g) of this section, the owner or

[[Page 69522]]

operator must create and implement a retrofit or retirement plan in
accordance with paragraphs (h) and (i) of this section.
(2) Applicable Leak Rates: (i) 20 percent leak rate for commercial
refrigeration equipment;
(ii) 20 percent leak rate for industrial process refrigeration
equipment; and
(iii) 10 percent leak rate for comfort cooling appliances or other
appliances with a full charge of 50 or more pounds of refrigerant not
covered by (2)(i) or (ii) of this subsection.
(e) Appliance Repair. All leaks must be identified and repaired in
accordance with this paragraph within 30 days (or 120 days if an
industrial process shutdown is required) of an appliance exceeding the
applicable leak rate in paragraph (d) of this section.
(1) A leak inspection must be conducted to identify the location of
leaks.
(2) All identified leaks must be repaired such that there are no
longer any detectable leaks, as documented by an initial and follow-up
verification test or tests.
(f) Verification tests. Initial and follow-up verification tests
are required on each identified leak required to be repaired in
paragraph (e) of this section.
(1) Initial verification test. Unless granted additional time, an
initial verification test must be performed within 30 days (or 120 days
if an industrial process shutdown is required) of an appliance
exceeding the applicable leak rate in paragraph (d) of this section. An
initial verification test must demonstrate that all identified leaks on
the appliance are repaired.
(i) For repairs that can be completed without the need to open or
evacuate the appliance, the test must be performed as soon as
practicable after the conclusion of the repair work and before any
additional refrigerant is added to the appliance.
(ii) For repairs that require the evacuation of the appliance or
portion of the appliance, the test must be performed before adding any
refrigerant to the appliance.
(iii) If the initial verification test indicates that the repairs
have not been successful, the owner or operator may conduct as many
additional repairs and initial verification tests as needed within the
applicable time period.
(2) Follow-up verification test. A follow-up verification test must
be performed within 10 days of the successful initial verification test
or 10 days of the appliance reaching normal operating characteristics
and conditions (if appliance or isolated component was evacuated for
the repair(s)).
(i) A follow-up verification test must demonstrate that all
identified leaks on the appliance are repaired. If the follow-up
verification test indicates that the repairs have not been successful,
the owner or operator may conduct as many additional repairs and
follow-up verification tests as needed within the applicable time
period.
(ii) [Reserved].
(g) Extensions to the appliance repair deadlines in paragraphs (e)-
(g) of this section. The timeframes in paragraphs (e)-(g) of this
section are temporarily suspended when an appliance is mothballed. The
time will resume on the day additional refrigerant is added to the
appliance (or component of an appliance if the leaking component was
isolated). Additionally, owners or operators may request more than 30
days (or 120 days if an industrial process shutdown is required) to
comply with paragraphs (e) and (f) of this section if they meet the
requirements of (g)(1) through (g)(4) of this section. The request will
be considered approved unless EPA notifies the owners or operators
within 30 days of receipt of the request.
(1) One or more of the following conditions applies:
(i) The appliance is located in an area subject to radiological
contamination or shutting down the appliance will directly lead to
radiological contamination. Additional time is permitted to the extent
needed to conduct and finish repairs in a safe working environment.
(ii) Requirements of other applicable Federal, state, or local
regulations make a repair within 30 days (or 120 days if an industrial
process shutdown is required) impossible. Additional time is permitted
to the extent needed to comply with the pertinent regulations.
(iii) Necessary parts are unavailable. Additional time is permitted
up to 30 days after receiving delivery of the necessary parts, not to
exceed 180 days (or 270 days if an industrial process shutdown is
required) from the date the appliance exceeded the applicable leak
rate.
(2) All repairs that do not require additional time must be
completed and verified within the initial 30 day repair period (or 120
day repair period if an industrial process shutdown is required);
(3) The owner or operator must document all repair efforts and the
reason for the inability to make the repair within the initial 30 day
repair period (or 120 day repair period if an industrial process
shutdown is required); and
(4) The owner or operator must request an extension from EPA at the
address specified in paragraph (m) of this section within 30 days (or
120 days if an industrial process shutdown is required) of the
appliance exceeding the applicable leak rate in paragraph (d) of this
section. Requests must include: Identification and address of the
facility; the name of the owner or operator of the appliance; the leak
rate; the method used to determine the leak rate and full charge; the
date the appliance exceeded the applicable leak rate; the location of
leak(s) to the extent determined to date; any repair work that has been
performed thus far, including the date that work was completed; the
reasons why more than 30 days (or 120 days if an industrial process
shutdown is required) are needed to complete the repair; and an
estimate of when the work will be completed. If the estimated
completion date is to be extended, a new estimated date of completion
and documentation of the reason for that change must be submitted to
EPA within 30 days. The owner or operator must keep a dated copy of
this submission.
(h) Retrofit or retirement plans. The retrofit or retirement plan
must be signed by an authorized company official, dated, accessible at
the site of the appliance in paper copy or electronic format, and
available for EPA inspection upon request.
(1) A retrofit or retirement plan must be created within 30 days
of:
(i) discovering that an appliance is leaking above the applicable
leak rate in paragraph (d) of this section if the owner or operator
intends to retrofit or retire rather than repair the leak; or
(ii) failing to comply with paragraphs (e) and (f) of this section.
(2) A retrofit or retirement plan must, at a minimum, contain the
following information:
(i) Identification and location of the appliance;
(ii) Type and full charge of the refrigerant used in the appliance;
(iii) Type and full charge of the refrigerant to which the
appliance will be converted, if retrofitted;
(iv) Itemized procedure for converting the appliance to a different
refrigerant, including changes required for compatibility with the new
substitute, if retrofitted;
(v) Plan for the disposition of recovered refrigerant;
(vi) Plan for the disposition of the appliance, if retired; and
(vii) A schedule, not to exceed one-year, for completion of the
appliance retrofit or retirement.
(3) Unless granted additional time, all work performed in
accordance with the

[[Page 69523]]

plan must be finished within one year of the plan's date (not to exceed
13 months from when the plan was required in paragraph (h)(1) of this
section).
(4) All identified leaks must be repaired as part of any retrofit
under such a plan.
(i) Extensions to the one-year retrofit or retirement schedule. The
timeframes in paragraphs (h) and (i) of this section are temporarily
suspended when an appliance is mothballed. The time will resume on the
day additional refrigerant is added to the appliance (or component of
an appliance if the leaking component was isolated). Additionally,
owners or operators may request more than one year to comply with
paragraphs (h) and (i) of this section if they meet the requirements of
this paragraph. The request will be considered approved unless EPA
notifies the owners or operators within 60 days of receipt of the
request. The request must be submitted to EPA at the address specified
in Sec. 82.157(m) within seven months of discovering the appliance
exceeded the applicable leak rate. The request must include the
identification of the appliance; name of the owner or operator; the
leak rate; the method used to determine the leak rate and full charge;
the date the appliance exceeded the applicable leak rate; the location
of leaks(s) to the extent determined to date; any repair work that has
been finished thus far, including the date that work was finished; a
plan to finish the retrofit or retirement of the appliance; the reasons
why more than one year is necessary to retrofit or retire the
appliance; the date of notification to EPA; and an estimate of when
retrofit or retirement work will be finished. A dated copy of the
request must be available on-site in either electronic or paper copy.
If the estimated completion date is to be revised, a new estimated date
of completion and documentation of the reason for that change must be
submitted to EPA at the address specified in Sec. 82.157(m) within 30
days.
(1) Extensions available to any appliance. Owners or operators of
commercial refrigeration, industrial process refrigeration, comfort-
cooling, or other equipment are automatically allowed 18 months to
retire an appliance if the replacement uses a refrigerant exempt from
the venting prohibition in Sec. 82.154(a).
(2) Extensions available to industrial process refrigeration.
Owners or operators of industrial process refrigeration equipment may
request additional time beyond the one-year period in paragraph (h) of
this section to finish the retrofit or retirement under the following
circumstances.
(i) Requirements of other applicable Federal, state, or local
regulations make a retrofit or retirement within one year impossible.
Additional time is permitted to the extent needed to comply with the
pertinent regulations; or
(ii) The new or the retrofitted equipment is custom-built as
defined in this subpart and the supplier of the appliance or one of its
components has quoted a delivery time of more than 30 weeks from when
the order is placed. The appliance or appliance components must be
installed within 120 days after receiving delivery of the necessary
parts.
(3) Extensions available to Federally-owned equipment. Owners or
operators of Federally-owned commercial or comfort-cooling equipment
may request an additional year beyond the one-year period in paragraph
(h) of this section to finish the retrofit or retirement under the
following circumstances:
(i) A delivery time of more than 30 weeks from the beginning of the
official procurement process is quoted due to complications presented
by the Federal agency appropriations and/or procurement process;
(ii) The appliance is located in an area subject to radiological
contamination and creating a safe working environment will require more
than 30 weeks; or
(iii) After receiving a one-year extension under subparagraphs
(i)(3)(i) or (ii) of this section, additional time is necessary to
finish the retrofit or retirement of equipment. The request must be
submitted to EPA before the end of the ninth month of the one-year
extension and must include the same information submitted for that one-
year extension, with any necessary revisions. A dated copy of the
request must be available on-site in either electronic or paper copy.
The request will be considered approved unless EPA notifies the owners
or operators within 60 days of receipt of the request.
(j) Two-year leak limit. Appliances containing 50 pounds or more of
refrigerant are prohibited from leaking more than 75 percent of the
full charge in each of two consecutive twelve-month periods. Under
paragraph (c) of this section, the leak rate must be calculated every
time refrigerant is added to an appliance. By the end of the second
twelve-month period, appliances that exceed this limit must be retired
or mothballed until retired.
(k) Purged refrigerant. In calculating annual leak rates, purged
refrigerant that is destroyed at a verifiable destruction efficiency of
98 percent or greater will not be counted toward the leak rate.
(l) Recordkeeping. All records identified in this paragraph must be
kept for three years in electronic or paper format.
(1) Owners or operators must keep records of leak inspections that
include the date of inspection, the method used to conduct the leak
inspection, a list of the location of each leak that was identified,
and a certification that all visible parts of the appliance were
inspected.
(2) If using an automatic leak detection system, the owner or
operator must maintain records regarding the installation and the
annual audit and calibration of the system. They also must keep a
record of each date the monitoring system identified a leak and the
location of the leak.
(3) Owners or operators must determine the full charge of all
appliances with 50 or more pounds of refrigerant (as defined in Sec.
82.152), and maintain the following information for each appliance:
(i) The identification of the owner or operator of the appliance;
(ii) The address where the appliance is located;
(iii) The full charge of the appliance and the method for how the
full charge was determined;
(iv) The range for the full charge of the appliance, its midpoint,
and how the range was determined (if using method 4, as defined in
Sec. 82.152, for determining full charge);
(v) Any revisions of the full charge and how they were determined;
and
(vi) The dates such revisions occurred.
(4) Owners or operators are required to maintain a record including
the following information for each time an appliance with a full charge
of 50 or more pounds is maintained, serviced, repaired, or disposed of,
when applicable. If the maintenance, service, repair, or disposal is
done by someone other than the owner, that person must provide a record
containing the following information to the owner or operator, when
applicable:
(i) The identity and location of the appliance;
(ii) The date of the maintenance, service, repair, or disposal
performed;
(iii) The part(s) of the appliance being serviced and for each
part, the type of maintenance, service, repair, or disposal performed;
(iv) The name of the person performing the maintenance, service,
repair or disposal;
(v) The amount and type of refrigerant added to or removed from the
appliance;

[[Page 69524]]

(vi) The full charge of the appliance; and
(vii) The leak rate and the method used to determine the leak rate
(not applicable when disposing of the appliance, following a retrofit,
installation of a new appliance, or if the refrigerant addition
qualifies as a seasonal variance).
(5) Owners or operators must maintain records of the dates and
results of all initial and follow-up verification tests. Records must
include at minimum the location of the appliance, the date of the
verification test or tests, the location of all repaired leaks that
were tested, the type of verification test used, and the results of
those tests.
(6) Owners or operators must maintain retrofit or retirement plans
developed in accordance with paragraph (h) of this section.
(7) Owners or operators must maintain retrofit and/or extension
requests submitted to EPA in accordance with paragraph (i) of this
section.
(8) Owners or operators that suspend the deadlines in this section
by mothballing an appliance must keep records documenting when the
appliance was mothballed and when additional refrigerant was added to
the appliance (or isolated component).
(9) Owners or operators who exclude purged refrigerants that are
destroyed from annual leak rate calculations must maintain records to
support the amount of refrigerant claimed as sent for destruction.
Records must be based on a monitoring strategy that provides reliable
data to demonstrate that the amount of refrigerant claimed to have been
destroyed is not greater than the amount of refrigerant actually purged
and destroyed and that the 98 percent or greater destruction efficiency
is met. Records must include flow rate, quantity or concentration of
the refrigerant in the vent stream, and periods of purge flow. Records
must include:
(i) the identification of the facility and a contact person,
including the address and telephone number;
(ii) A description of the appliance, focusing on aspects relevant
to the purging of refrigerant and subsequent destruction;
(iii) A description of the methods used to determine the quantity
of refrigerant sent for destruction and type of records that are being
kept by the owners or operators where the appliance is located;
(iv) The frequency of monitoring and data-recording; and
(v) A description of the control device, and its destruction
efficiency.
(10) Owners or operators that exclude additions of refrigerant due
to seasonal variance from their leak rate calculation must maintain
records in accordance with paragraph (c) of this section.
(11) Owners or operators that submit reports to EPA in accordance
with paragraph (m) of this section, must maintain copies of the
submitted reports and any responses from EPA.
(12) Owners or operators of federally-owned appliances that request
an alternate leak inspection schedule in accordance with paragraph
(b)(5) of this section must maintain copies of the submitted requests
and all responses from EPA until three years after the less frequent
leak inspection schedule is no longer being followed.
(m) Reporting. All notifications must be submitted electronically
to 608reports@epa.gov unless the notification contains confidential
business information. If the notification contains confidential
business information, the information should be submitted to: Section
608 Program Manager; Stratospheric Protection Division; Mail Code:
6205T; U.S. Environmental Protection Agency; 1200 Pennsylvania Avenue
NW.; Washington, DC 20460.
(1) Owners or operators must notify EPA at this address in
accordance with paragraph (b)(5) of this section when seeking an
alternate leak inspection schedule.
(2) Owners or operators must notify EPA at this address in
accordance with paragraph (g) of this section when seeking an extension
of time to complete repairs.
(3) Owners or operators must notify EPA at this address in
accordance with paragraph (i) of this section when seeking an extension
of time to complete the retrofit or retirement of an appliance.
(4) When excluding purged refrigerants that are destroyed from
annual leak rate calculations, owners or operators must notify EPA at
this address within 60 days after the first time the exclusion is used
by the facility where the appliance is located. The report must include
the information included in paragraph (l)(9) of this section.
0
8. Revise Sec. 82.158 to read as follows:

Sec. 82.158 Standards for recovery and/or recycling equipment.

(a) No person may manufacture or import recovery and/or recycling
equipment for use during the maintenance, service, repair, or disposal
of appliances unless the equipment is certified in accordance with this
section.
(b) No person may alter the design of certified refrigerant
recovery and/or recycling equipment in a way that would affect the
equipment's ability to meet the certification standards in this section
without resubmitting the altered design for certification testing.
Until it is tested and shown to meet the certification standards in
this section, equipment so altered will be considered uncertified.
(c) Recovery and/or recycling equipment manufactured or imported
before November 15, 1993, intended for use during the maintenance,
service, repair, or disposal of appliances (except small appliances,
MVACs, and MVAC-like appliances) will be considered certified if it is
capable of achieving the level of evacuation specified in Table 2 of
this section when tested using a properly calibrated pressure gauge.
(d) Manufacturers and importers of recovery and/or recycling
equipment must have such equipment certified by an approved equipment
testing organization as follows:
(1) Recovery and/or recycling equipment manufactured or imported on
or after November 15, 1993, and before September 22, 2003, intended for
use during the maintenance, service, repair, or disposal of appliances
(except small appliances, MVACs, and MVAC-like appliances) must be
certified by an approved equipment testing organization as being
capable of achieving the level of evacuation specified in Table 2 of
this section under the conditions of appendix B1 of this subpart (based
upon the ARI Standard 740-1993, Performance of Refrigerant Recovery,
Recycling and/or Reclaim Equipment).
(2) Recovery and/or recycling equipment manufactured or imported on
or after September 22, 2003, and before January 1, 2017, intended for
use during the maintenance, service, repair, or disposal of appliances
(except small appliances, MVACs, and MVAC-like appliances) must be
certified by an approved equipment testing organization as being
capable of achieving the level of evacuation specified in Table 2 of
this section under the conditions of appendix B2 of this subpart (based
upon the ARI Standard 740-1995, Performance of Refrigerant Recovery,
Recycling and/or Reclaim Equipment).
(3) Recovery and/or recycling equipment manufactured or imported on
or after January 1, 2017, intended for use during the maintenance,
service, repair, or disposal of appliances (except small appliances,
MVACs, and MVAC-like appliances) must be certified by an approved
equipment testing

[[Page 69525]]

organization as being capable of achieving the level of evacuation
specified in Table 2 of this section under the conditions of appendix
B3 (for non-flammable refrigerants) or appendix B4 (for flammable
refrigerants) of this subpart.

Table 2--Levels of Evacuation Which Must Be Achieved by Recovery and/or
Recycling Equipment
[Except for small appliances, MVACs, and MVAC-like appliances]
------------------------------------------------------------------------
Inches of Hg vacuum (relative to
standard atmospheric pressure of 29.9
inches Hg)
Type of appliance with which ---------------------------------------
recovery and/or recycling Manufactured or
machine is intended to be used Manufactured or imported on or
imported before after November 15,
November 15, 1993 1993
------------------------------------------------------------------------
HCFC-22 appliances, or isolated 0................. 0
component of such appliances,
with a full charge of less than
200 pounds of refrigerant.
HCFC-22 appliances, or isolated 4................. 10
component of such appliances,
with a full charge of 200
pounds or more of refrigerant.
Very high-pressure appliances... 0................. 0
Other high-pressure appliances, 4................. 10
or isolated component of such
appliances, with a full charge
of less than 200 pounds of
refrigerant.
Other high-pressure appliances, 4................. 15
or isolated component of such
appliances, with a full charge
of 200 pounds or more of
refrigerant.
Medium-pressure appliances, or 4................. 10
isolated component of such
appliances, with a full charge
of less than 200 pounds of
refrigerant.
Medium-pressure appliances, or 4................. 15
isolated component of such
appliances, with a full charge
of 200 pounds or more of
refrigerant.
Low-pressure appliances......... 25 mm Hg absolute. 25 mm Hg absolute.
------------------------------------------------------------------------

(4) Recovery and/or recycling equipment whose recovery efficiency
cannot be tested according to the procedures in appendix B1, B2, B3, or
B4 of this subpart as applicable may be certified if an approved third-
party testing organization adopts and performs a test that
demonstrates, to the satisfaction of the Administrator, that the
recovery efficiency of that equipment is equal to or better than that
of equipment that:
(i) Is intended for use with the same type of appliance; and
(ii) Achieves the level of evacuation in Table 2. The
manufacturer's instructions must specify how to achieve the required
recovery efficiency, and the equipment must be tested when used
according to these instructions.
(5) The equipment must meet the minimum requirements for
certification under appendix B1, B2, B3, or B4 of this subpart as
applicable.
(6) If the equipment is equipped with a noncondensables purge
device, the equipment must not release more than 3 percent of the
quantity of refrigerant being recycled through noncondensables purging
under the conditions of appendix B1, B2, B3, or B4 of this subpart as
applicable.
(7) The equipment must be equipped with low-loss fittings on all
hoses.
(8) The equipment must have its liquid recovery rate and its vapor
recovery rate measured under the conditions of appendix B1, B2, B3, or
B4 as applicable, unless the equipment has no inherent liquid or vapor
recovery rate.
(e) Small Appliances. Equipment used during the maintenance,
service, repair, or disposal of small appliances must be certified by
an approved equipment testing organization to be capable of recovering
90% of the refrigerant in the test stand when the compressor of the
test stand is operational and 80% of the refrigerant when the
compressor of the test stand is not operational, when used in
accordance with the manufacturer's instructions under the conditions of
appendix C, Method for Testing Recovery Devices for Use with Small
Appliances.
(1) Equipment manufactured or imported before November 15, 1993,
will be considered certified if it is capable of either recovering 80%
of the refrigerant in the system, whether or not the compressor of the
test stand is operational, or achieving a four-inch vacuum when tested
using a properly calibrated pressure gauge.
(2) Equipment manufactured or imported on or after November 15,
1993, may also be certified if it is capable of achieving a four-inch
vacuum under the conditions of appendix B1 of this subpart, based upon
ARI Standard 740-1993.
(3) Equipment manufactured or imported on or after September 22,
2003, and before January 1, 2017, may also be certified if it is
capable of achieving a four-inch vacuum under the conditions of
appendix B2 of this subpart, based upon ARI Standard 740-1995.
(4) Equipment manufactured or imported on or after January 1, 2017,
may also be certified if it is capable of achieving a four-inch vacuum
under the conditions of appendix B3 (for non-flammable refrigerants) or
appendix B4 (for flammable refrigerants) of this subpart.
(5) Equipment used to evacuate refrigerant from small appliances
before they are disposed of may also be certified if it is capable of
achieving a four-inch vacuum when tested using a properly calibrated
pressure gauge.
(f) MVAC-like appliances. (1) Manufacturers and importers of
recovery and/or recycling equipment intended for use during the
maintenance, service, repair, or disposal of MVAC-like appliances must
certify such equipment in accordance with Sec. 82.36(a).
(2) Equipment manufactured or imported before November 15, 1993,
intended for use during the maintenance, service, or repair of MVAC-
like appliances must be capable of reducing the system pressure to 102
mm of mercury vacuum under the conditions of the SAE Standard, SAE
J1990 (appendix A to 40 CFR part 82, subpart B).
(g) MVACs. Equipment used to evacuate refrigerant from MVACs before
they are disposed of must be certified in accordance with Sec.
82.36(a).
(h) Labeling. Manufacturers and importers of equipment certified
under paragraphs (d) and (e) of this section must place a label on each
piece of equipment stating the following:
THIS EQUIPMENT HAS BEEN CERTIFIED BY [APPROVED EQUIPMENT TESTING
ORGANIZATION] TO MEET EPA's

[[Page 69526]]

MINIMUM REQUIREMENTS FOR RECYCLING OR RECOVERY EQUIPMENT INTENDED FOR
USE WITH [APPROPRIATE CATEGORY OF APPLIANCE].
The label must also show the date of manufacture and the serial
number (if applicable) of the equipment. The label must be affixed in a
readily visible or accessible location, be made of a material expected
to last the lifetime of the equipment, present required information in
a way that it is likely to remain legible for the lifetime of the
equipment, and be affixed in such a way that it cannot be removed from
the equipment without damage to the label.
(i) Retesting. At least once every three years, manufacturers or
importers of recovery and/or recycling equipment intended for use
during the maintenance, service, or repair of appliances (except MVACs
or MVAC-like appliances) or during the disposal of appliances (except
small appliances, MVACs, and MVAC-like appliances) must have approved
equipment testing organizations conduct either:
(1) Retests of certified recovery and/or recycling equipment in
accordance with paragraphs (d) and (e) of this section; or
(2) Inspections of recovery and/or recycling equipment at
manufacturing facilities to ensure that each equipment model line that
has been certified under this section continues to meet the
certification criteria.
(j) Revocation. An equipment model line that has been certified
under this section may have its certification revoked if it is
subsequently determined to fail to meet the certification criteria. In
such cases, the Administrator must give notice to the manufacturer or
importer setting forth the basis for the determination.
(k) Equipment that is advertised or marketed as ``recycling
equipment'' must be capable of recycling the standard contaminated
refrigerant sample of appendix B2, B3, or B4 of this subpart (as
applicable) to the levels in the following table when tested under the
conditions of appendix B2, B3 or B4 of this subpart:

Maximum Levels of Contaminants Permissible in Refrigerant Processed Through Equipment Advertised as
``Recycling'' Equipment
----------------------------------------------------------------------------------------------------------------
Low-pressure (R-11, R-123,
Contaminants R-113) systems R-12 Systems All other systems
----------------------------------------------------------------------------------------------------------------
Acid Content (by wt.).............. 1.0 PPM.................... 1.0 PPM............... 1.0 PPM.
Moisture (by wt.).................. 20 PPM..................... 10 PPM................ 20 PPM.
Noncondensable Gas (by vol.)....... N/A........................ 2.0%.................. 2.0%.
High Boiling Residues (by vol.).... 1.0%....................... 0.02%................. 0.02%.
Chlorides by Silver Nitrate Test... No turbidity............... No turbidity.......... No turbidity.
Particulates....................... Visually clean............. Visually clean........ Visually clean.
----------------------------------------------------------------------------------------------------------------

0
9. Revise Sec. 82.160 to read as follows:

Sec. 82.160 Approved equipment testing organizations.

(a) Any equipment testing organization may apply for approval by
the Administrator to certify equipment under the standards in Sec.
82.158 and appendices B2, B3, B4, or C of this subpart. Applications
must be sent to 608reports@epa.gov, or if containing confidential
business information, mailed to: Section 608 Program Manager;
Stratospheric Protection Division; Mail Code: 6205T; U.S. Environmental
Protection Agency; 1200 Pennsylvania Avenue NW., Washington, DC 20460.
(b) Applications for approval must include:
(1) A list of equipment present at the organization that will be
used for equipment testing.
(2) Verification of the organization's expertise in equipment
testing and the technical experience of the organization's personnel.
(3) Verification of the organization's knowledge of the standards
and recordkeeping and reporting requirements of this subpart.
(4) A description of the organization's program for verifying the
performance of certified recovery and/or recycling equipment
manufactured over the long term, specifying whether retests of
equipment or inspections of equipment at manufacturing facilities will
be used.
(5) Verification that the organization has no conflict of interest
and receives no direct or indirect financial benefit from the outcome
of certification testing.
(6) Agreement to allow the Administrator access to records and
personnel to verify the information contained in the application.
(c) Organizations may not certify equipment before receiving
approval from EPA. If approval is denied under this section, the
Administrator must give written notice to the organization setting
forth the basis for the determination.
(d) If an approved testing organization conducts certification
tests in a way not consistent with the representations made in its
application or with the provisions of this subpart, the Administrator
may revoke approval in accordance with Sec. 82.169. In such cases, the
Administrator must give notice to the organization setting forth the
basis for the determination.
(e) Recordkeeping and reporting. (1) Approved equipment testing
organizations must maintain records of equipment testing and
performance and a list of equipment that meets EPA requirements. This
list must include the name of the manufacturer and the name and/or
serial number of the model line. Approved equipment testing
organizations must publish online a list of all certified equipment
that includes the information specified above and update the list
annually.
(2) Approved equipment testing organizations must notify EPA at
608reports@epa.gov if retests of equipment or inspections of
manufacturing facilities conducted under to Sec. 82.158(i) show that a
previously certified model line fails to meet EPA requirements. Such
notification must be received within thirty days of the retest or
inspection.
0
10. Revise Sec. 82.161 to read as follows:

Sec. 82.161 Technician certification.

Until [ONE YEAR FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL
REGISTER], this section applies only to technicians and organizations
certifying technicians that maintain, service, or repair appliances
containing class I and class II refrigerants. Starting on [ONE YEAR
FROM PUBLICATION OF A FINAL RULE IN THE FEDERAL REGISTER], this section
applies to technicians and organizations certifying technicians that
maintain, service, or repair appliances containing any refrigerant as
defined in Sec. 82.152.
(a) Requirements for Technicians. (1) Technicians must pass a
certification exam offered by an approved technician

[[Page 69527]]

certification program to work on different types of appliances, as
follows:
(i) Technicians who maintain, service, or repair small appliances
must be certified as Type I technicians.
(ii) Technicians who maintain, service, repair, or dispose of
medium-, high-, or very high-pressure appliances (except small
appliances, MVACs, and MVAC-like appliances) must be certified as Type
II technicians.
(iii) Technicians who maintain, service, repair, or dispose of low-
pressure appliances must be certified as Type III technicians.
(iv) Excluding persons who exclusively dispose of small appliances,
MVACs, and MVAC-like appliances, technicians who maintain, service,
repair, or dispose of appliances as described in paragraph (a)(1)(i)-
(iii) of this section must be certified as Universal technicians.
(v) Technicians who maintain, service, or repair MVAC-like
appliances must either be certified as Type II technicians or be
certified by a training and certification program approved under Sec.
82.40.
(vi) Technicians who maintain, service, or repair MVAC appliances
must be certified by a training and certification program approved
under Sec. 82.40.
(2) Apprentices are exempt from the requirement in paragraph (a)(1)
of this section provided the apprentice is closely and continually
supervised by a certified technician while performing any maintenance,
service, repair, or disposal that could reasonably be expected to
release refrigerant from an appliance into the environment. The
supervising certified technician and the apprentice have the
responsibility to ensure that the apprentice complies with this
subpart.
(3) The Administrator may require technicians to demonstrate at
their place of business their ability to perform proper procedures for
recovering and/or recycling refrigerant. Failure to demonstrate or
failure to properly use the equipment may result in revocation or
suspension of the certificate. Failure to abide by any of the
provisions of this subpart may also result in revocation or suspension
of the certificate. If a technician's certificate is revoked, the
technician would need to recertify before maintaining, servicing,
repairing, or disposing of any appliances.
(4) Technicians certified under this section must keep a copy of
their certificate at their place of business.
(5) Recertification. The Administrator reserves the right to
specify a requirement for technician recertification at some future
date, if necessary, by placing a notice in the Federal Register.
(b) Requirements for Technician Certification Programs. (1) No
technician training or testing program may issue certificates under
this section unless the program complies with all the standards of this
section and appendix D, and has been granted approval by the
Administrator.
(2) Program Approval. Persons may seek approval of any technician
certification program (program), in accordance with this paragraph, by
submitting to the Administrator at the address in Sec. 82.160(a)
verification that the program meets all the standards listed in
appendix D. The Administrator reserves the right to consider other
relevant factors to ensure the effectiveness of certification programs.
If approval is denied under this section, the Administrator must give
written notice to the program setting forth the basis for the
determination.
(3) Alternative Examinations. Programs are encouraged to make
provisions for non-English speaking technicians by providing tests in
other languages or allowing the use of a translator when taking the
test. A test may be administered orally to any person who makes this
request, in writing, to the program at least 30 days before the
scheduled date for the examination. The written request must explain
why the request is being made.
(4) Proof of Certification. Programs certifying technicians must
provide technicians with identification cards in accordance with
section (f) of appendix D of this subpart.
(5) Programs certifying technicians must maintain records in
accordance with section (g) of appendix D of this subpart.
(6) Starting January 1, 2018, programs certifying technicians,
excluding Federally-run programs, must create and maintain a publicly-
searchable database of technicians they have certified.
(i) At a minimum, the database must include all technicians
certified after January 1, 2017.
(ii) The database must provide the first name, middle initial, and
last name of the certified technician, the technician's city of
residence when taking the test, the type(s) of certification received,
and the date each certification was completed.
(iii) Programs certifying technicians must provide notice to
technicians of their inclusion in the database in compliance with any
other federal, state or local regulations, and give technicians the
ability to opt out of being included in the database.
(7) If an approved program violates any of the above requirements,
the Administrator may revoke approval in accordance with Sec. 82.169.
In such cases, the Administrator must give notice to the organization
setting forth the basis for the determination.
(c) Test Subject Material. A bank of test questions developed by
the Administrator consists of groups, including a core group and
technical groups. The Administrator will release this bank of questions
only to approved technician certification programs. Each test for each
type of certification must include at least 25 questions drawn from the
core group and at least 25 questions drawn from each relevant technical
group. These questions must address the subject areas in appendix D.
0
11. Remove and reserve Sec. 82.162:

Sec. 82.162 [Reserved]

0
12. Revise Sec. 82.164 to read as follows:

Sec. 82.164 Reclaimer certification.

(a) All persons reclaiming used refrigerant for sale to a new owner
must meet the following requirements:
(1) Reclaim refrigerant to all the specifications in appendix A of
this subpart (based on AHRI Standard 700-2015, Specifications for
Refrigerants) that are applicable to that refrigerant;
(2) Verify that each batch of refrigerant reclaimed meets these
specifications using the analytical methodology prescribed in appendix
A, which includes the primary methodologies included in the appendix to
the AHRI Standard 700-2015;
(3) Release no more than 1.5 percent of the refrigerant during the
reclamation process;
(4) Dispose of wastes from the reclamation process in accordance
with all applicable laws and regulations; and
(5) Maintain records and submit reports in accordance with
paragraph (d) of this section.
(b) The owner or a responsible officer reclaiming used refrigerant
for sale to a new owner, except for persons who properly certified
under this section before May 11, 2004, must certify to the
Administrator at the address in Sec. 82.160(a) that they will meet the
requirements in paragraph (a) of this section. The certification must
include the name and address of the reclaimer and a list of equipment
used to reclaim the refrigerant to the required standard, and to
analyze the refrigerant to ensure it meets these specifications.
(c) Certificates are not transferable. In the event of a change in
ownership of an entity which reclaims refrigerant, the new owner of the
entity must certify with the Administrator within 30 days

[[Page 69528]]

of the change of ownership under this section. In the event of a change
in business management, location, or contact information, the owner of
the entity must notify EPA within 30 days of the change at the address
in Sec. 82.160(a).
(d) Recordkeeping and reporting. (1) Reclaimers must maintain
records of the analysis conducted to verify that reclaimed refrigerant
meets the necessary specifications in paragraphs (a)(1) and (a)(2) of
this section.
(2) Reclaimers must maintain records of the names and addresses of
persons sending them material for reclamation and the quantity of the
material (the combined mass of refrigerant and contaminants) by
refrigerant type sent to them for reclamation. Such records must be
maintained on a transactional basis for three years.
(3) Reclaimers must report to the Administrator annually within 30
days of the end of the calendar year the total annual quantity of
material (the combined mass of refrigerant and contaminants) by
refrigerant type sent to them for reclamation, the total annual mass of
each refrigerant reclaimed, and the total annual mass of waste
products.
(e) Failure to abide by any of the provisions of this subpart may
result in revocation or suspension of the certification of the
reclaimer in accordance with Sec. 82.169. In such cases, the
Administrator must give notice to the organization setting forth the
basis for the determination.
0
13. Amend section 82.166 by:
0
a. Removing and reserving paragraphs (a) through (i), and (l); and
0
b. Revising paragraph (m).
Revisions to read as follows:

Sec. 82.166 Reporting and recordkeeping requirements.

(a)-(i) [Reserved]
* * * * *
(l) [Reserved]
(m) All records required to be maintained pursuant to this section
must be kept for a minimum of three years unless otherwise indicated.
* * * * *
0
14. Amend subpart F by revising appendix A to read as follows:

APPENDIX A TO SUBPART F OF PART 82--SPECIFICATIONS FOR REFRIGERANTS

This appendix is based on the Air-Conditioning, Heating, and
Refrigeration Institute Standard 700-2015, Specifications for
Refrigerants.

Section 1. Purpose

1.1 Purpose. The purpose of this standard is to evaluate and
accept/reject refrigerants regardless of source (i.e., new,
reclaimed and/or repackaged) for use in new and existing
refrigeration and air-conditioning products as required under 40 CFR
part 82.
1.1.1 Intent. This standard is intended for the guidance of the
industry including manufacturers, refrigerant reclaimers,
repackagers, distributors, installers, servicemen, contractors and
for consumers.
1.1.2 Review and Amendment. This standard is subject to review
and amendment as the technology advances.

Section 2. Scope

2.1 Scope. This standard specifies acceptable levels of
contaminants (purity requirements) for various fluorocarbon and
other refrigerants regardless of source and lists acceptable test
methods. These refrigerants are as referenced in the ANSI/ASHRAE
Standard 34 with Addenda:
2.1.1 Single-Component Fluorocarbon Refrigerants: R-11, R-12, R-
13, R-22, R-23, R-32, R-113, R-114, R-115, R-116, R-123, R-124, R-
125, R-134a, R-141b, R-142b, R-143a, R-152a, R-218, R-227ea, R-
236fa, R-245fa, R-1233zd(E), R-1234yf, R-1234ze(E);
2.1.2 Single Component Hydrocarbon Refrigerants: R-50, R-170, R-
E170, R-290, R-600, R-600a, R-601, R-601a, R-610, R-1150, R-1270;
2.1.3 Carbon Dioxide Refrigerant: R-744;
2.1.4 Zeotropic Blend Refrigerants: R-401A, R-401B, R-402A, R-
402B, R-403A, R-403B, R-404A, R-405A, R-406A, R-407A, R-407B, R-
407C, R-407D, R-407E, R-407F, R-408A, R-409A, R-409B, R-410A, R-
410B, R-411A, R-411B, R-412A, R-413A, R-414A, R-414B, R-415A, R-
415B, R-416A, R-417A, R-417B, R-417C, R-418A, R-419A, R-419B, R-
420A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-422E, R-
423A, R-424A, R-425A, R-426A, R-427A, R-428A, R-429A, R-430A, R-
431A, R-434A, R-435A, R-437A, R-438A, R-439A, R-440A, R-442A, R-
444A, R-444B, R-445A, R-446A, R-447A, R-448A, R-49A, R-450A;
2.1.5 Zeotropic Hydrocarbon Blend Refrigerants: R-432A, R-433A,
R-433B, R-433C, R-436A, R-436B, R-441A, R-443A; and
2.1.6 Azeotropic Blend Refrigerants: R-500, R-502, R-503, R-
507A, R-508A, R-508B, R-509A, R-510A, R-511A, and R-512A.

Section 3. Definitions

3.1 Definitions. All terms in this appendix will follow the
definitions in Sec. 82.152 unless otherwise defined in this
appendix.
3.2 Shall, Should, Recommended, or It Is Recommended shall be
interpreted as follows:
3.2.1 Shall. Where ``shall'' or ``shall not'' is used for a
provision specified, that provision is mandatory if compliance with
this appendix is claimed.
3.2.2 Should, Recommended, or It is Recommended is used to
indicate provisions which are not mandatory but which are desirable
as good practice.

Section 4. Characterization of Refrigerants and Contaminants

4.1 Characterization. Characterization of single component
fluorocarbon (Table 1A) and zeotropic/azeotropic blend (Table 2A/3)
refrigerants and contaminants are listed in the following general
classifications:
4.1.1 Isomer content (see Table 1A)
4.1.2 Air and other non-condensables (see Tables 1A, 2A, 3)
4.1.3 Water (see Tables 1A, 2A, 3)
4.1.4 All other volatile impurities (see Tables 1A, 2A, 3)
4.1.5 High boiling residue (see Tables 1A, 2A, 3)
4.1.6 Halogenated unsaturated volatile impurities (see Table 1A)
4.1.7 Particulates/solids (see Tables 1A, 2A, 3)
4.1.8 Acidity (see Tables 1A, 2A, 3)
4.1.9 Chloride (see Tables 1A, 2A, 3)
4.2 Hydrocarbon Characterization. Characterization of
hydrocarbon refrigerants (Tables 1B and 2B) and contaminants are
listed in the following general classifications:
4.2.1 Nominal composition
4.2.2 Other allowable impurities
4.2.3 Air and other non-condensables
4.2.4 Sulfur odor
4.2.5 High boiling residue
4.2.6 Particulates/solids
4.2.7 Acidity
4.2.8 Water
4.2.9 All other volatile impurities
4.2.10 Total C3, C4, and C5 polyolefins
4.3 Carbon Dioxide Characterization. Characterization of carbon
dioxide (Table 1C) and its contaminants are listed in the following
general classifications:

4.3.1 Purity
4.3.2 Air and other non-condensables
4.3.3 Water
4.3.4 High boiling residue
4.3.5 Particulates/solids

Section 5. Sampling and Summary of Test Procedures

5.1 Referee Test. The referee test methods for the various
contaminants are summarized in the following paragraphs. Detailed
test procedures are included in Appendix C to AHRI Standard 700. If
alternative test methods are employed, the user must be able to
demonstrate that they produce results at least equivalent to the
specified referee test method.
5.2 Refrigerant Sampling
5.2.1 Sampling Precautions. Special precautions should be taken
to ensure that representative samples are obtained for analysis.
Sampling shall be done by qualified personnel following accepted
sampling and safety procedures. Refrigerants with critical
temperatures near or below ambient temperature cannot be reliably
sampled for both liquid and vapor phase without special handling.
Note: Flammable refrigerants which are ASHRAE 34 class 2L, 2, or
3 present additional safety challenges and require additional
measures for sampling safety procedures compared to nonflammable
halocarbons documented in this standard.
5.2.2 Cylinder Preparation. Place a clean, empty sample cylinder
with the valve open in an oven at 110 [deg]C (230 [deg]F) for one
hour. Remove it from the oven while hot, immediately connect it to
an evacuation system and evacuate to less than 56 kPa. Close the
valve and allow it to cool. Weigh the empty cylinder.

[[Page 69529]]

5.2.3 Vapor Phase Sampling. A vapor phase sample shall be
obtained for determining the non-condensables. The source
temperature shall be measured and recorded at the time the sample is
taken.
5.2.3.1 Special Handling for Low Critical Temperature
Refrigerant. A vapor phase sample is required to determine non-
condensables and volatile impurities, including other refrigerants.
The vapor phase sample is obtained by regulating the sample
container temperature to 5 K or more above the refrigerant critical
temperature.
5.2.3.2 Handling for Liquid Refrigerants with Boiling Points
Near or Above Room Temperature. Since R-11, R-113, R-123, R-141b, R-
245fa, and R-1233zd(E) have normal boiling points near or above room
temperature, non-condensable determination is not required for these
refrigerants.
Note: Non-condensable gases, if present, will concentrate in the
vapor phase of the refrigerant; care must be exercised to eliminate
introduction of either air or liquid phase refrigerant during the
sample transfer.
5.2.4 Liquid Phase Sampling. A liquid phase sample is required
for all tests listed in this standard except the test for non-
condensables.
5.2.4.1 Liquid Sampling. Accurate analysis requires that the
sample cylinder, at ambient temperature, be filled to at least 60%
by volume; however, under no circumstances should the cylinder be
filled to more than 80% by volume. This can be accomplished by
weighing the empty cylinder and then the cylinder with refrigerant.
When the desired amount of refrigerant has been collected, close the
valve(s) and immediately disconnect the sample cylinder.
Note: Care should be taken to ensure that all connections and
transfer lines are dry and evacuated to avoid contaminating the
sample.
Note: Low critical temperature refrigerants can have extremely
high pressure and the sampling vessel, all connections, and transfer
lines must be designed to handle high pressures.
5.2.4.2 Special Handling for Low Critical Temperature
Refrigerant. A liquid phase sample is required for all testing
except volatile impurities, including other refrigerants. The liquid
phase sample is obtained by regulating the sample cylinder
temperature to 2 [deg]C below the critical temperature of the
refrigerant.
Note: If free water is present in the sample, cooling to below 0
[deg]C may result in the formation of ice. Clathrates may form at
temperatures above 0 [deg]C with some fluorocarbon refrigerants.
5.2.4.3 Record Weight. Check the sample cylinder for leaks and
record the gross weight.
5.3 Refrigerant Identification. The required method shall be gas
chromatography (GC) as described in Appendix C to AHRI Standard 700-
2015 with the corresponding gas chromatogram figures as illustrated
in Informative Appendix D to AHRI Standard 700. The chromatogram of
the sample shall be compared to known standards.
5.3.2 Alternative Method. Determination of the boiling point and
boiling point range is an acceptable alternative test method which
can be used to characterize refrigerants. The test method shall be
that described in the Federal Specification for ``Fluorocarbon
Refrigerants,'' BB-F-1421 B, dated March 5, 1982, section 4.4.3.
5.3.3 Required Values. The required values for boiling point and
boiling point range are given in Table 1A, Physical Properties of
Single Component Refrigerants; Table 1B, Physical Properties of
Zeotropic Blends (400 Series Refrigerants); and Table 1C, Physical
Properties of Azeotropic Blends (500 Series Refrigerants).
5.4 Water Content.
5.4.1 Method. The Coulometric Karl Fischer Titration shall be
the primary test method for determining the water content of
refrigerants. This method is described in Appendix C to AHRI
Standard 700-2015. This method can be used for refrigerants that are
either a liquid or a gas at room temperature. For all refrigerants,
the sample for water analysis shall be taken from the liquid phase
of the container to be tested.
5.4.2 Limits. The value for water content shall be expressed in
parts per million (ppm) by weight and shall not exceed the maximum
specified in Tables 1A, 1B, 1C, 2A, 2B, and 3.
5.5 Conductivity. (Alternative to chloride and acidity tests).
5.5.1 Method. A refrigerant may be tested for conductivity as an
indication of the presence of acids, metal chlorides, and any
compound that ionizes in water. This alternative procedure is
intended for use with new or reclaimed refrigerants, however,
significant amounts of oil can interfere with the test results.
5.5.2 Limits. The value for conductivity shall be converted to
and expressed in ppm by weight calculated as HCl and shall be
compared with the maximum acidity value specified (see in Tables 1A,
1B, 1C, 2A, 2B, and 3). If the conductivity is above this amount,
then the chloride and acidity tests shall be conducted. If the
conductivity is not greater than this amount, then the chloride and
acidity tests may be omitted.
5.6 Chloride. The refrigerant shall be tested for chloride as an
indication of the presence of hydrochloric acid and/or metal
chlorides. The referee procedure is intended for use with new or
reclaimed halogenated refrigerants; however, high boiling residue in
excess of the amounts in Tables 1A, 1B, 1C, 2A, 2B, and 3 can
interfere with the test results.
5.6.1 Method. The test method shall be that described in
Appendix C to AHRI Standard 700-2015. The test will show noticeable
turbidity at chloride levels of about 3 ppm or greater by weight.
5.5.2 Limits. The results of the test shall not exhibit any sign
of turbidity. Report the results as ``pass'' or ``fail.''
5.7 Acidity.
5.7.1 Method. The acidity test uses the titration principle to
detect any compound that is soluble in water and ionizes as an acid.
The test method shall be that described in Appendix C to AHRI
Standard 700-2015. This test may not be suitable for determination
of high molecular weight organic acids; however these acids will be
found in the high boiling residue test outlined in Section 5.8. The
test requires a 50 to 60 gram sample and has a detection limit of
0.1 ppm by weight calculated as HCl.
5.7.2 Limits. The value for acidity shall be expressed in ppm by
weight as HCl and shall not exceed the limits in Tables 1A, 1B, 2A,
2B, and 3.
5.8 High Boiling Residue.
5.8.1 Method. High boiling residue shall be determined by either
volume or weight. The volume method measures the residue from a
standard volume of refrigerant after evaporation. The gravimetric
method is described in Appendix C to AHRI Standard 700-2015. Oils
and/or organic acids will be captured by these methods.
5.8.2 Limits. The value for high boiling residue shall be
expressed as a percentage by volume or weight and shall not exceed
the maximum percent specified in Tables 1A, 1B, 1C, 2A, 2B, and 3.
5.9 Particulates and Solids.
5.9.1 Method. A measured amount of sample shall be placed in a
Goetz bulb under controlled temperature conditions. The
particulates/solids shall be determined by visual examination of the
Goetz bulb prior to the evaporation of refrigerant. For details of
this test method, refer to Part 3 of Appendix C to AHRI Standard
700-2015.
Note: R-744 will partially sublimate when measuring a known
amount of liquid sample into the dry Goetz bulb and the solid R-744
will interfere with the visual examination of particulates/solids.
Determining the particulates/solids shall be completed by visual
examination of the Goetz bulb after the evaporation of the
refrigerant.
5.9.2 Limits. Visual presence of dirt, rust, or other
particulate contamination is reported as ``fail.''
5.10 Non-Condensables.
5.10.1 Method. A vapor phase sample shall be used for
determination of non-condensables. Non-condensable gases consist
primarily of air accumulated in the vapor phase of refrigerants
where the solubility of air in the refrigerant liquid phase is
extremely low and air is not significant as a liquid phase
contaminant. The presence of non-condensable gases may reflect poor
quality control in transferring refrigerants to storage tanks and
cylinders.
The test method shall be gas chromatography with a thermal
conductivity detector as described in Appendix C to AHRI Standard
700-2015.
5.10.2 Limits. The maximum level of non-condensables in the
vapor phase of a test sample shall not exceed the maximum at 25
[deg]C as shown in Tables 1A, 1B, 1C, 2A, 2B, and 3.
5.11 All Other Volatile Impurities and/or Other Refrigerants.
5.11.1 Method. The amount of volatile impurities including other
refrigerants in the subject refrigerant shall be determined by gas
chromatography as described in Appendix C to AHRI Standard 700-2015.
5.11.2 Limits. The test sample shall not contain more than 0.5%
by weight of volatile impurities including other refrigerants as
shown in Tables 1A, 1B, 1C, 2A, 2B and 3.
5.12 Total C3, C4 and C5 Polyolefins in Hydrocarbon
Refrigerants.
5.12.1 Method. The amount of polyolefin impurities in the
hydrocarbon shall be

[[Page 69530]]

determined by gas chromatography as described in GPA STD 2177--
Natural Gas Liquid Mixtures Containing Nitrogen and Carbon Dioxide.
5.12.2 Limits. The test sample shall not contain more than 0.05%
by weight in the hydrocarbon sample as shown in Tables 1B and 2B.
Report the results as ``pass'' or ``fail.''
5.13 Sulfur Odor in Hydrocarbon Refrigerants.
5.13.1 Method. The amount of sulfur containing compounds or
other compounds with an odor shall be determined by ASTM method
D1296, Odor of Volatile Solvents and Diluents.
5.13.2 Limits. The test sample paper shall not emit a residual
sulfur odor as shown in Tables 1B and 2B.

Section 6. Reporting Procedure

6.1 Reporting Procedure. The source (manufacturer, reclaimer, or
repackager) of the packaged refrigerant shall be identified. The
refrigerant shall be identified by its accepted refrigerant number
and/or its chemical name. Maximum allowable levels of contaminants
are shown in Tables 1A, 1B, 1C, 2A, 2B, and 3. Test results shall be
tabulated in a similar manner.

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APPENDIX A. REFERENCES--NORMATIVE

Listed here are all standards, handbooks, and other publications
essential to the formation and implementation of the standard. All
references in this appendix are considered as part of this standard.
ASHRAE Terminology, https://www.ashrae.org/resources--publications/free-resources/ashrae-terminology, 2014, American
Society of Heating, Refrigerating, and Air-Conditioning Engineers,
Inc.
ANSI/ASHRAE Standard 34-2013, Designation and Safety
Classification of Refrigerants, with Addenda, American National
Standards Institute/American Society of Heating, Refrigerating, and
Air-Conditioning Engineers.
Appendix C to AHRI Standard 700-2015: Analytical Procedures for
AHRI Standard 700-2015, Normative, Specification for Fluorocarbon
Refrigerants, 2008. Air-Conditioning, Heating, and Refrigeration
Institute.
ASTM Standard D1296-01-2012, Standard Test Method for Odor of
Volatile Solvents and Diluents, 2012, ASTM International.
GPA STD-2177, Analysis of Natural Gas Liquid Mixtures Containing
Nitrogen and Carbon Dioxide by Gas Chromatography, 2013, Gas
Processors Association.
REFPROP Reference Fluid Thermodynamic and Transport Properties
NIST Standard Reference Database 23 version 9.1, 2013, U.S.
Department of Commerce, Technology Administration, National
Institute of Standards and Technology.

APPENDIX A. REFERENCES--INFORMATIVE

Listed here are standards, handbooks, and other publications
which may provide useful information and background but are not
considered essential.
2012 Appendix D Gas Chromatograms for AHRI Standard 700-2015--
Informative, Specification for Fluorocarbon Refrigerants, 2012, Air-
Conditioning, Heating, and Refrigeration Institute.
0
15. Amend subpart F by adding appendix B3 to read as follows:

APPENDIX B3 TO SUBPART F OF PART 82--PERFORMANCE OF REFRIGERANT
RECOVERY, RECYCLING, AND/OR RECLAIM EQUIPMENT

This appendix is based on the Air-Conditioning, Heating, and
Refrigeration Institute Standard 740-2015, Performance Rating of
Refrigerant Recovery Equipment and Recovery/Recycling Equipment.

Section 1. Purpose

1.1 Purpose. The purpose of this standard is to establish
methods of testing for rating and evaluating the performance of
refrigerant recovery, and/or recycling equipment and general
equipment requirements (herein referred to as ``equipment'') for
contaminant or purity levels, capacity, speed and purge loss to
minimize emission into the atmosphere of designated refrigerants.

Section 2. Scope

2.1 Scope. This standard applies to equipment for recovering
and/or recycling single refrigerants, azeotropes, zeotropic blends,
and their normal contaminants from refrigerant systems. This
standard defines the test apparatus, test gas mixtures, sampling
procedures and analytical techniques that will be used to determine
the performance of refrigerant recovery and/or recycling equipment
(hereinafter, ``equipment''). Appendix B4 of this subpart
establishes standards for recovery/recycling equipment used with
flammable refrigerants.

Section 3. Definitions

3.1 Definitions. All terms in this appendix will follow the
definitions in Sec. 82.152 unless otherwise defined in this
appendix.
3.2 Clearing Refrigerant. Procedures used to remove trapped
refrigerant(s) from equipment before switching from one refrigerant
to another.
3.3 High Temperature Vapor Recovery Rate. For equipment having
at least one designated refrigerant (see Section 11.2) with a
boiling point in the range of -50 to +10 [deg]C, the rate will be
measured for R-22, or the lowest boiling point refrigerant if R-22
is not a designated refrigerant.
3.4 Published Ratings. A statement of the assigned values of
those performance characteristics, under stated rating conditions,
by which a unit may be chosen to fit its application. These values
apply to all units of like nominal size and type (identification)
produced by the same manufacturer. As used herein, the term
``published rating'' includes the rating of all performance
characteristics shown on the unit or published in specifications,
advertising, or other literature controlled by the manufacturer, at
stated rating conditions.
3.5 Push/Pull Method. The push/pull refrigerant recovery method
is defined as the process of transferring liquid refrigerant from a
refrigeration system to a receiving vessel by lowering the pressure
in the vessel and raising the pressure in the system, and by
connecting a separate line between the system liquid port and the
receiving vessel.
3.6 Recycle Flow Rate. The amount of refrigerant processed
divided by the time elapsed in the recycling mode. For equipment
which uses a separate recycling sequence, the recycle rate does not
include the recovery rate (or elapsed time). For equipment which
does not use a separate recycling sequence, the recycle rate is a
rate based solely on the higher of the liquid or vapor recovery
rate, by which the contaminant levels were measured.
3.7 Residual Trapped Refrigerant. Refrigerant remaining in
equipment after clearing refrigerant.
3.8 Shall, Should, Recommended or It Is Recommended shall be
interpreted as follows:
3.8.1 Shall. Where ``shall'' or ``shall not'' is used for a
provision specified, that provision is mandatory if compliance with
this appendix is claimed.
3.8.2 Should, Recommended or It Is Recommended is used to
indicate provisions which are not mandatory but which are desirable
as good practice.
3.9 Standard Contaminated Refrigerant Sample. A mixture of new
or reclaimed refrigerant and specified quantities of identified
contaminants which constitute the mixture to be processed by the
equipment under test. These contaminant levels are expected only
from severe service conditions.
3.10 Trapped Refrigerant. The amount of refrigerant remaining in
the equipment after the recovery or recovery/recycling operation but
before clearing refrigerant.
3.11 Vapor Recovery Rate. The average rate that refrigerant is
withdrawn from the mixing chamber between two pressures as vapor
recovery rate is changing depending on the pressure. The initial
condition is vapor only at saturation pressure and temperature at
either 24 [deg]C or at the boiling point at 100 kPa, whichever is
higher. The final pressure condition is 10% of the initial pressure,
but not lower than the equipment final recovery vacuum and not
higher than 100 kPa.

Section 4. General Equipment Requirements

4.1 Equipment Information. The equipment manufacturer shall
provide operating instructions, necessary maintenance procedures,
and source information for replacement parts and repair.
4.2 Filter Replacement. The equipment shall indicate when any
filter/drier(s) needs replacement. This requirement can be met by
use of a moisture transducer and indicator light, by use of a sight
glass/moisture indicator, or by some measurement of the amount of
refrigerant processed such as a flow meter or hour meter. The
equipment manufacturer must provide maximum quantity recycled or
filter change interval in its written instructions.
4.3 Purge of Non-Condensable. If non-condensables are purged,
the equipment shall either automatically purge non-condensables or
provide an indicating means to guide the purge process. Recycling
equipment must provide purge means.
4.4 Purge Loss. The total refrigerant loss due to purging non-
condensables, draining oil, and clearing refrigerant (see Section
9.5) shall be less than 3% (by weight) of total processed
refrigerant.
4.5 Permeation Rate. High pressure hose assemblies 5/8 in. (16
mm) nominal and smaller shall not exceed a permeation rate of 3.9 g/
cm\2\/yr (internal surface) at a temperature of 48.8 [deg]C. Hose
assemblies that UL recognized as having passed ANSI/UL 1963
requirements shall be accepted without testing. See Section 7.1.4.
4.6 Clearing Trapped Refrigerant. For equipment rated for more
than one refrigerant, the manufacturer shall provide a method and
instructions which will accomplish connections and clearing within
15 minutes. Special equipment, other than a vacuum pump or manifold
gauge set, shall be furnished. The clearing procedure shall not rely
upon the storage cylinder below saturated pressure conditions at
ambient temperature.
4.7 Temperature. The equipment shall be evaluated at 24 [deg]C
with additional limited evaluation at 40 [deg]C. Normal operating
conditions range from 10 [deg]C to 40 [deg]C.
4.8 Exemptions. Equipment intended for recovery only shall be
exempt from Sections 4.2 and 4.3.

[[Page 69546]]

Section 5. Contaminated Refrigerants

5.1 Sample Characteristics. The standard contaminated
refrigerant sample shall have the characteristics specified in Table
1, except as provided in Section 5.2. Testing shall be conducted at
an ambient temperature of 24 [deg]C 1 [deg]C except high
temperature vapor recovery shall be 40 [deg]C 1 [deg]C.
5.2 Recovery-only Testing. Recovery equipment not rated for
removal of contaminants shall be tested with new or reclaimed
refrigerant.

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Section 6. Test Apparatus

6.1 General Recommendations. The recommended test apparatus is
described in the following paragraphs. If alternate test apparatus
are employed, the user shall be able to demonstrate that they
produce results equivalent to the specified reference apparatus.
6.2 Self-Contained Equipment Test Apparatus. The apparatus,
shown in Figure 1, shall consist of:
6.2.1 Mixing Chamber. A mixing chamber consisting of a tank with
a conical-shaped bottom, a bottom port and piping for delivering
refrigerant to the equipment, various ports and valves for adding
refrigerant to the chamber, and stirring means for mixing.
6.2.2 Filling Storage Cylinder. The storage cylinder to be
filled by the refrigerant transferred shall be cleaned and at the
pressure of the recovered refrigerant at the beginning of the test.
It will not be filled over 80%, by volume.
6.2.3 Vapor Feed. Vapor refrigerant feed consisting of
evaporator, control valves and piping to create a 3.0 [deg]C
superheat condition at an evaporating temperature of 21 [deg]C
2 [deg]C.
6.2.4 Alternative Vapor Feed. An alternative method for vapor
feed shall be to pass the refrigerant through a boiler and then
through an automatic pressure regulating valve set at different
saturation pressures, moving from saturated pressure at 24 [deg]C to
final pressure of recovery.
6.2.5 Liquid Feed. Liquid refrigerant feed consisting of control
valves, sampling port, and piping.
6.2.6 Instrumentation. Instrumentation capable of measuring
weight, temperature, pressure, and refrigerant loss, as required.
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6.3 Size. The size of the mixing chamber and filling storage
cylinder used during testing shall correspond to the size of the
equipment being tested per Section 6.3.1 or 6.3.2:
6.3.1 For equipment utilizing nominal \1/4\'' or \3/8\'' flare
ports and hoses, the mixing chamber shall be 0.09 m\3\ and all
ports, valves, mixing valves, and piping shall be \1/2\'' or larger,
reduced down to the port size of the equipment by fittings at the
connection ports of the mixing chamber. The filling storage cylinder
used during testing shall be a nominal 50-pound water capacity DOT
4Bx cylinder with \1/4\'' flare liquid and vapor ports.
6.3.2 For equipment utilizing \1/2\'' or larger flare ports and
hoses, the mixing chamber shall be 0.45 m\3\ (or nominal 1000-pound
water capacity DOT 4Bx cylinder) and all ports, valves, mixing
valves, and piping shall be 1-\1/2\'' or larger, reduced down to the
port size of the equipment by fittings at the connection ports of
the mixing chamber. The filling storage cylinder used during testing
shall be a nominal 1000-pound water capacity DOT 4Bx cylinder with
liquid and vapor ports, valves and piping sized \3/4\'' NPT and
reduced or increased to the port size of the equipment by fittings
at the connection ports of the filling storage cylinder.
6.4 System Dependent Equipment Test Apparatus. This test
apparatus is to be used for final recovery vacuum rating of all
system dependent equipment.
6.4.1 Test Setup. The test apparatus shown in Figure 2 consists
of a complete refrigeration system. The manufacturer shall identify
the refrigerants to be tested. The test apparatus can be modified to
facilitate operation or testing of the system dependent equipment if
the modifications to the apparatus are specifically described within
the manufacturer's literature. A 6.3 mm

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balance line shall be connected across the test apparatus between
the high- and low-pressure sides, with an isolation valve located at
the connection to the compressor high side. A 6.3 mm access port
with a valve core shall be located in the balance line for the
purpose of measuring final recovery vacuum at the conclusion of the
test.
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Section 7. Performance Testing Procedures

7.1 General Testing.
7.1.1 Temperatures. Testing shall be conducted at an ambient
temperature of 24 [deg]C 1 [deg]C except high
temperature vapor recovery shall be at 40 [deg]C 1
[deg]C. The evaporator conditions of Section 6.2.3 shall be
maintained as long as liquid refrigerant remains in the mixing
chamber.
7.1.2 Refrigerants. The equipment shall be tested for all
designated refrigerants (see Section 11.2). All tests in Section 7
shall be completed for each refrigerant before starting tests with
the next refrigerant.
7.1.3 Selected Tests. Tests shall be as appropriate for the
equipment type and ratings parameters selected (see Sections 9.9,
11.1 and 11.2).
7.1.4 Hose Assemblies. For the purpose of limiting refrigerant
emissions to the atmosphere, hose assemblies shall be tested for
permeation according to ANSI/UL Standard 1963.
7.2 Equipment Preparation and Operation. The equipment shall be
prepared and operated per the operating instructions.
7.3 Test Batch. The test batch consisting of refrigerant sample
(see Section 5) of the test refrigerant shall be prepared and
thoroughly mixed. Continued mixing or stirring shall be required
during the test while liquid refrigerant remains in the mixing
chamber. The mixing chamber shall be filled to 80% level by volume.
7.3.1 Control Test Batch. Prior to starting the test for the
first batch for each refrigerant,

[[Page 69550]]

a liquid sample will be drawn from the mixing chamber and analyzed
per Section 8 to assure that contaminant levels match Table 1 within
10 ppm for moisture, 20 ppm for oleic acid
and 0.5% for oil.
7.4 Recovery Tests (Recovery and Recovery/Recycling Equipment)
7.4.1 Determining Recovery Rates. The liquid and vapor
refrigerant recovery rates shall be measured during the first test
batch for each refrigerant (see Sections 9.1, 9.2 and 9.4).
Equipment preparation and recovery cylinder changeover shall not be
included in elapsed time measurements for determining vapor recovery
rate and liquid refrigerant recovery rate. Operations such as
subcooling the recovery cylinder shall be included. The recovery
cylinder shall be the same size as per Section 6.3 or as furnished
by the equipment manufacturer. Oversized tanks shall not be
permitted.
7.4.1.1 Liquid Refrigerant Recovery Rate. If elected, the
recovery rate using the liquid refrigerant feed means (see Section
6.2.5) shall be determined. After the equipment reaches stabilized
conditions of condensing temperature and/or recovery cylinder
pressure, the recovery process shall be stopped and an initial
weight shall be taken of the mixing chamber (see Section 9.2). The
recovery process shall be continued for a period of time sufficient
to achieve the accuracy in Section 9.4. The recovery process shall
be stopped and a final weight of the mixing chamber shall be taken.
7.4.1.2 Vapor Refrigerant Recovery Rate. If elected, the average
vapor flow rate shall be measured to accuracy requirements in
Section 9.4 under conditions with no liquid refrigerant in the
mixing chamber. The liquid recovery feed means shall be used. At
initial conditions of saturated vapor at the higher of 24 [deg]C or
the boiling temperature (100 kPa), the weight of the mixing chamber
and the pressure shall be recorded. At final conditions representing
pressure in the mixing chamber of 10% of the initial condition, but
not less than the final recovery vacuum (see Section 9.6) nor more
than 100 kPa, measure the weight of the mixing chamber and the
elapsed time. At initial conditions, the recovery cylinder shall be
at saturation pressure at ambient conditions.
7.4.1.3 High Temperature Vapor Recovery Rate. This is applicable
for equipment having at least one designated refrigerant (see
Section 11.2) with a boiling point between -50 [deg]C and +10
[deg]C. Measure the rate for R-22, or the refrigerant with the
lowest boiling point if R-22 is not a designated refrigerant. Repeat
the test in Section 7.4.1.2 at saturated conditions at 40 [deg]C and
continue to operate equipment to assure it will operate at this
condition (see Section 7.4.3). At initial conditions, the recovery
cylinder shall be at saturated pressure at 40 [deg]C.
7.4.1.4 Push/Pull Liquid Refrigerant Recovery Rate. If elected,
the average liquid push/pull flow rate shall be measured to accuracy
requirements in Section 9.4. The mixing chamber and filling storage
cylinder shall be filled with refrigerant vapor at initial
conditions of saturated vapor at the higher of 24 [deg]C or the
boiling temperature at 100 kPa. An amount of liquid refrigerant
shall be added to the mixing chamber equivalent to 80% by weight of
the capacity of the filling storage cylinder. The pressure between
the mixing chamber and filling storage cylinder shall be equalized
and stabilized at initial conditions of saturated vapor at the
higher of 24 [deg]C or the boiling temperature at 100 kPa. The
initial weight of the mixing chamber and the pressure shall be
recorded. The equipment is then operated in push/pull recovery mode
and the weight change of the mixing chamber is recorded over time
until all of the liquid has been transferred.
7.4.2 Recovery Operation. This test is for determining the final
recovery vacuum and the ability to remove contaminants as
appropriate. If equipment is rated for liquid recovery (see Section
7.4.1.3), liquid recovery feed means described in Section 6.2.5
shall be used. If not, vapor recovery means described in Sections
6.2.3 or 6.2.4 shall be used. Continue recovery operation until all
liquid is removed from the test apparatus and vapor is removed to
the point where equipment shuts down by automatic means or is
manually shut off per operating instructions.
7.4.2.1 Oil Draining. Capture oil from the equipment at
intervals as required in the instructions. Record the weight of the
container. Completely remove refrigerant from oil by evacuation or
other appropriate means. The weight difference shall be used in
Section 7.5.2.
7.4.3 Final Recovery Vacuum. At the end of the first test batch
for each refrigerant, the liquid valve and vapor valve of the
apparatus shall be closed. After waiting 1 minute, the mixing
chamber pressure shall be recorded (see Section 9.6).
7.4.4 Residual Refrigerant. This test will measure the mass of
remaining refrigerant in the equipment after clearing and therefore
the extent of mixing different refrigerants (see Section 9.6).
7.4.4.1 Initial Conditions. At the end of the last test for each
batch for each refrigerant, the equipment shall be disconnected from
the test apparatus (Figure 1). Recycle per Section 7.5, if
appropriate. Perform refrigerant clearing operations as called for
in the instruction manual. Capture and record the weight of any
refrigerant which would have been emitted to the atmosphere during
the clearing process for use in Section 9.5. If two loops are used
for recycling, trapped refrigerant shall be measured for both.
7.4.4.2 Residual Trapped Refrigerant. Evacuate an empty test
cylinder to 1.0 kPa. Record the empty weight of the test cylinder.
Open all valves to the equipment so as to provide access to all
trapped refrigerant. Connect the equipment to the test cylinder and
operate valves to recover the residual refrigerant. Record the
weight of the test cylinder using a recovery cylinder pressure no
less than specified in Section 6.2.2. Place the test cylinder in
liquid nitrogen for a period of 30 minutes or until a vacuum of 1000
microns is reached, whichever occurs first.
7.5 Recycling Tests (Recovery/Recycling Equipment).
7.5.1 Recycling Operation. As each recovery cylinder is filled
in Section 7.4.2, recycle according to operating instructions. There
will not necessarily be a separate recycling sequence. Note non-
condensable purge measurement in Section 9.5.
7.5.1.1 Recycle Flow Rate. While recycling the first recovery
cylinder for each refrigerant, determine the recycling flow rate by
appropriate means (see Section 9.3) to achieve the accuracy required
in Section 9.4.
7.5.2 Non-Condensable Sample. After completing Section 7.4.3,
prepare a second test batch (see Section 7.3). Recover per Section
7.4.2 until the current recovery cylinder is filled to 80% level by
volume. Recycle per Section 7.5.1. Mark this cylinder and set aside
for taking the vapor sample. For equipment having both an internal
tank of at least 3 kg refrigerant capacity and an external recovery
cylinder, two recovery cylinders shall be marked and set aside. The
first is the cylinder described above. The second cylinder is the
final recovery cylinder after filling it to 80% level by volume and
recycling.
7.5.2.1 Push/Pull Liquid Refrigerant Recovery Rate. This rate
shall be measured by weight change of the mixing chamber divided by
elapsed time (see Section 7.4.1.4). The units shall be kg/min and
the accuracy shall be per Section 9.4.
7.5.3 Liquid Sample for Analysis. Repeat steps in Sections 7.3,
7.4.2 and 7.5.1 with further test batches until indication means in
Section 4.2 show the filter/drier(s) need replacing.
7.5.3.1 Multiple Pass. For equipment with a separate recycling
circuit (multiple pass), set aside the current cylinder and draw the
liquid sample (see Section 7.4) from the previous cylinder.
7.5.3.2 Single Pass. For equipment with the single pass
recycling circuit, draw the liquid sample (see Section 7.4) from the
current cylinder.
7.6 Measuring Refrigerant Loss. Refrigerant loss due to non-
condensables shall be determined by appropriate means (see Section
9.5.1). The loss could occur in Sections 7.4.1, 7.4.2 and 7.5.1.

Section 8. Sampling and Chemical Analysis Methods

8.1 Chemical Analysis. Chemical analysis methods shall be
specified in appropriate standards such as AHRI Standard 700,
Appendix C to AHRI Standard 700, and Addendum 700-1 to Appendix C.
If alternate test methods are employed, the laboratory must be able
to demonstrate that they produce results equivalent to the specified
referee method.
8.2 Refrigerant Sampling.
8.2.1 Moisture Content. The water content in refrigerant shall
be measured by the Karl Fischer Coulometric Titration technique.
Report the moisture level in parts per million by weight.
8.2.2 Chloride Ions. Chloride ions shall be measured by
turbidity tests. At this time, quantitative results have not been
defined. Report chloride content as ``pass'' or ``fail.'' In the
future, when quantitative results are possible, report chloride
content as parts per million by weight.
8.2.3 Acid Content. The acidity test uses the titration
principle. Report the acidity in

[[Page 69551]]

parts per million by weight (mg KOH/kg) of sample.
8.2.4 High Boiling Residue. High boiling residues shall use
measurement of the volume of residue after evaporating a standard
volume of refrigerant. Using weight measurement and converting to
volumetric units is acceptable. Report high boiling residues as
percent by volume.
8.2.5 Particulates/Solids. The particulates/solids measurement
employs visual examination. Report results as ``pass'' or ``fail.''
8.2.6 Non-condensables. The level of contamination by non-
condensable gases in the base refrigerant being recycled shall be
determined by gas chromatography. Report results as percent by
volume.

Section 9. Performance Calculations for Ratings

9.1 Vapor Refrigerant Recovery Rate. This rate shall be measured
by weight change of the mixing chamber divided by elapsed time (see
7.4.1.2). The units shall be kg/min and the accuracy shall be per
Section 9.4.
9.1.1 High Temperature Vapor Recovery Rate. This rate shall be
measured by measured weight change of the mixing chamber divided by
elapsed time (see Section 7.4.1.3). The units shall be kg/min and
the accuracy shall be per Section 9.4.
9.2 Liquid Refrigerant Recovery Rate. This rate shall be
measured by weight change of the mixing chamber divided by elapsed
time (see 7.4.1.3). The units shall be kg/min and the accuracy shall
be per Section 9.4.
9.3 Recycle Flow Rate. The recycle flow rate shall be as defined
in Section 3.12, expressed in kg/min, and the accuracy shall be per
Section 9.4.
9.3.1 For equipment using multi-pass recycling or a separate
sequence, the recycle rate shall be determined by dividing the net
weight, W, of the refrigerant to be recycled by the actual time T
required to recycle. Any set-up or operator interruptions shall not
be included in the time T.
9.3.2 If no separate recycling sequence is used, the recycle
rate shall be the higher of the vapor refrigerant recovery rate or
the liquid refrigerant recovery rate. The recycle rate shall match a
process which leads to contaminant levels in Section 9.9.
Specifically, a recovery rate determined from bypassing a
contaminant removal device cannot be used as a recycle rate when the
contaminant levels in Section 9.9 are determined by passing the
refrigerant through the contaminant removal device.
9.4 Accuracy of Flow Rates. The accuracy of test measurements in
Sections 9.1, 9.2 and 9.3 shall be 008 kg/min for flow
rates up to 0.42 kg/min and 2.0% for flow rates larger
than 0.42 kg/min. Ratings shall be expressed to the nearest 0.02 kg/
min.
9.5 Refrigerant Loss. This calculation will be based upon the
net loss of refrigerant which would have been eliminated in the non-
condensable purge process (see Section 7.5.1), the oil draining
process (see Section 7.4.2.1) and the refrigerant clearing process
(see Section 7.4.4.1), all divided by the net refrigerant content of
the test batches. The refrigerant loss shall not exceed 3% by
weight.
9.5.1 Non-Condensable Purge. Evacuate an empty container to 2
kPa. Record the empty weight of the container. Place the container
in a dry ice bath. Connect the equipment purge connection to the
container and operate purge according to operating instructions so
as to capture the non-condensables and lost refrigerant. Weigh the
cylinder after the recycling is complete. Equivalent means are
permissible.
For units which either recycle or list non-condensable removal,
non-condensable gases are purged, operating the recycle device per
the manufacturer's instructions through an evaporator pressure
regulator (EPR) valve into a liquid nitrogen-chilled cylinder. This
combination will simulate the atmosphere while allowing the capture
of purge gases. The cylinder is weighed before and after the purge
procedure.
9.5.2 Oil Draining. Refrigerant removed from the oil after
draining shall be collected and measured in accordance with Section
7.4.2.1.
9.5.3 Clearing Unit. Refrigerant captured during the clearing
process shall be measured in accordance with Section 7.4.4.1.
9.6 Final Recovery Vacuum. The final recovery vacuum shall be
the mixing chamber pressure in Section 7.4.3 expressed in kPa at 24
[deg]C. The accuracy of the measurement shall be within 0.33 kPa.
9.7 Residual Trapped Refrigerant. The amount of residual trapped
refrigerant shall be the final weight minus the initial weight of
the test cylinder in Section 7.4.4.2, expressed in kg. The accuracy
shall be 0.02 kg and reported to the nearest 0.05 kg.
9.8 Refrigerant Processed. The amount of refrigerant processed
before changing filters (see Section 7.5.3) shall be expressed in kg
to an accuracy of 1%.
9.9 Contaminant Levels. The contaminant levels remaining after
testing shall be published as follows:

Moisture content, ppm by weight
Chloride ions, pass/fail
Acid Content, ppm by weight
High boiling residue, % (by volume)
Particulates/solids, pass/fail (visual examination)
Non-condensables, % (by volume)

9.10 Minimum Data Requirements for Published Ratings. Published
ratings shall include all of the parameters as shown in Tables 2 and
3 for each refrigerant designated by the manufacturer.

Section 10. Tolerances

10.1 Tolerances. Performance related parameters shall be equal
to or better than the published ratings.

Section 11. Marking and Nameplate Data

11.1 Marking and Nameplate Data. The nameplate shall display the
manufacturer's name, model designation, type of equipment (Recovery
or Recovery/Recycling and Self-Contained or System Dependent),
designated refrigerant(s), capacities, and electrical
characteristics where applicable. The nameplate shall also conform
to the labeling requirements established for certified recycling and
recovery equipment established at 40 CFR 82.158(h).
Recommended nameplate voltages for 60 Hertz systems shall
include one or more of the equipment nameplate voltages shown in
Table 1 of ANSI/AHRI Standard 110. Recommended nameplate voltages
for 50 Hertz systems shall include one or more of the utilization
voltages shown in Table 1 of IEC Standard Publication 60038, IEC
Standard Voltages.
11.2 Data for Designated Refrigerants. For each refrigerant
designated, the manufacturer shall include all the following that
are applicable per Table 2:

a. Liquid Recovery Rate, kg/min

b. Vapor Recovery Rate, kg/min
c. High Temperature Vapor Recovery Rate, kg/min
d. Push/Pull Liquid Recovery Rate, kg/min
e. Final Recovery Vacuum Level, kPa
f. Recycle Flow Rate, kg/min
g. Refrigerant Loss, kg
h. Residual Trapped Refrigerant, kg
i. Quantity of Refrigerant Processed at Rated Conditions, kg

Table 2--Performance Ratings for Refrigerant Recovery and Recovery/Recycling Equipment 4,5
----------------------------------------------------------------------------------------------------------------
Type of equipment
-------------------------------------------------------------------
Parameter System
Recovery Recovery/ Recycling dependent
recycling equipment
----------------------------------------------------------------------------------------------------------------
Liquid Refrigerant Recovery Rate, kg/min.... X \1\ X \1\ N/A N/A
Vapor Refrigerant Recovery Rate, kg/min..... X \1\ X \1\ N/A N/A
High Temperature Vapor Recovery Rate, kg/min X \1\ X \1\ N/A N/A
Push/Pull Liquid Recovery Rate, kg/min...... X \1\ X \1\ N/A N/A
Final Recovery Vacuum Level, kPa............ X X N/A X
Recycle Flow Rate, kg/min................... N/A X X N/A
Refrigerant Loss, kg........................ X \2\ X X X \3\
Residual Trapped Refrigerant, kg............ X \3\ X \2\ X \2\ X \2\

[[Page 69552]]

Quantity of Refrigerant Processed at Rated N/A X X N/A
Conditions, kg.............................
----------------------------------------------------------------------------------------------------------------
\1\ For a recovery or recovery/recycle unit, one must rate either liquid refrigerant recovery rate or vapor
refrigerant recovery rate or one can rate for both. If rating only one, the other shall be indicated by N/A,
``not applicable.''
\2\ Mandatory rating if multiple refrigerants, oil separation or non-condensable purge are rated.
\3\ Mandatory rating for equipment tested for multiple refrigerants.
\4\ ``X'' denotes mandatory rating or equipment requirements.
\5\ ``N/A'' indicates ``Not Applicable'' for a parameter that does not have a rating.

Table 3--Contaminant Removal Ratings for Refrigerant Recovery and Recovery/Recycling Equipment 1,2
----------------------------------------------------------------------------------------------------------------
Type of equipment
-------------------------------------------------------------------
Contaminant System
Recovery Recovery/ Recycling dependent
recycling equipment
----------------------------------------------------------------------------------------------------------------
Moisture Content, ppm by weight............. N/A X X N/A
Chloride Ions, pass/fail.................... N/A X X N/A
Acid Content, ppm by weight................. N/A X X N/A
High Boiling Residue, % by volume........... N/A X X N/A
Particulates/solids, pass/fail.............. N/A X X N/A
Non-Condensables, % by volume............... N/A X X N/A
----------------------------------------------------------------------------------------------------------------
\1\ ``X'' denotes mandatory rating.
\2\ ``N/A'' indicates ``Not Applicable.''

Attachment 1 to Appendix B3 to Subpart F of Part 82--References

ANSI/UL Standard 1963, Refrigerant Recovery/Recycling
Equipment, First Edition, 2011, American National Standards
Institute/Underwriters Laboratories, Inc.
ANSI/AHRI Standard 110-2012, Air-Conditioning, Heating and
Refrigerating Equipment Nameplate Voltages, 2012, Air-Conditioning,
Heating, and Refrigeration Institute
AHRI Standard 700-2015, Specifications for Refrigerants,
Air-Conditioning, Heating, and Refrigeration Institute
ASHRAE Terminology, https://www.ashrae.org/resources--publications/free-resources/ashrae-terminology, 2014, American
Society of Heating, Refrigerating, and Air-Conditioning Engineers,
Inc.
International Standard IEC 60038, IEC Standard Voltages,
2009, International Electrotechnical Commission

Attachment 2 to Appendix B3 to Subpart F of Part 82--Particulate Used
in Standard Contaminated Refrigerant Sample

1. Particulate Specification

B1.1 The particulate material (pm) will be a blend of 50% coarse
air cleaner dust as received, and 50% retained on a 200-mesh screen.
The coarse air cleaner dust is available from: AC Spark Plug
Division; General Motors Corporation; Flint, Michigan.
B1.2 Preparation of Particulate Materials. To prepare the blend
of contaminant per ASHRAE Standard 63.2, first wet screen a quantity
of coarse air cleaner dust on a 200-mesh screen (particle retention
74 [mu]m). This is done by placing a portion of the dust on a 200-
mesh screen and running water through the screen while stirring the
dust with the fingers. The fine contaminant particles passing
through the screen are discarded. The larger than 200-mesh particles
collected on the screen are removed and dried for one hour at 110
[deg]C. The blend of standard contaminant is prepared by mixing 50%
by weight of coarse air cleaner dust as received (after drying for
one hour at 110 [deg]C) with 50% by weight of the larger than 200-
mesh screened dust.
B1.3 Particle Size Analysis. The coarse air cleaner dust as
received and the blend used as the standard contaminant have the
following approximate particle size analysis:

Table B1--Weight Percentage in Various [mu]m Size Ranges for Particle
Size Analysis
------------------------------------------------------------------------
As
Size range ([mu]m) received Blend (wt
(wt %) %)
------------------------------------------------------------------------
0-5............................................... 12 6
5-10.............................................. 12 6
10-20............................................. 14 7
20-40............................................. 23 11
40-80............................................. 30 32
80-200............................................ 9 38
------------------------------------------------------------------------

0
16. Amend subpart F by adding appendix B4 to read as follows:

Appendix B4 to Subpart F of Part 82--Performance and Safety of
Flammable Refrigerant Recovery and/or Recycling Equipment

This appendix is based on the Air-Conditioning, Heating, and
Refrigeration Institute Standard 740-2015, Performance Rating of
Refrigerant Recovery Equipment and Recovery/Recycling Equipment, and
Underwriters Laboratories Standard 1963 (Fourth Edition), Standard
for Safety: Refrigerant Recovery/Recycling Equipment, including
Supplement SB (added October 11, 2013), Requirements for Refrigerant
Recovery/Recycling Equipment Intended for Use with a Flammable
Refrigerant.

Section 1. Purpose

1.1 Purpose. The purpose of this standard is to establish
methods of testing for rating and evaluating the performance and
safety of refrigerant recovery and/or recycling equipment and
general equipment requirements (herein referred to as ``equipment'')
for contaminant or purity levels, capacity, speed and purge loss to
minimize emission into the atmosphere of designated refrigerants, as
well as safety for use with flammable refrigerants.

Section 2. Scope

2.1 Scope. This standard applies to equipment for recovering
and/or recycling flammable single refrigerants, azeotropes,
zeotropic blends, and their normal contaminants from refrigerant
systems. This standard defines the test apparatus, test gas
mixtures, sampling procedures, analytical techniques, and equipment
construction that will be used to determine the performance

[[Page 69553]]

and safety of refrigerant recovery and/or recycling equipment
(hereinafter, ``equipment'').

Section 3. Definitions

3.1 Definitions. All terms in this appendix will follow the
definitions in Sec. 82.152 and Appendix B3 to Subpart F of Part 82
unless otherwise defined in this appendix.
3.2 All definitions used in Underwriters Laboratories Standard
1963 (Fourth Edition), Standard for Safety: Refrigerant Recovery/
Recycling Equipment as applicable, are incorporated by reference.
3.3 All definitions used in Supplement SB (added October 11,
2013), Requirements for Refrigerant Recovery/Recycling Equipment
Intended for Use with a Flammable Refrigerant in Underwriters
Laboratories Standard 1963 (Fourth Edition), Standard for Safety:
Refrigerant Recovery/Recycling Equipment, are incorporated by
reference.

Section 4. Evaluation of Performance

4.1 Performance Ratings. All recovery and/or recycling equipment
to be tested under this appendix must follow the procedures and meet
all requirements established in Appendix B3 to Subpart F of Part 82
to determine the performance ratings in addition to the safety
evaluation conducted under the rest of this appendix.
4.2 Safety. All recovery and/or recycling equipment to be tested
under this appendix must follow the procedures and meet all
requirements in Supplement SB (added October 11, 2013), Requirements
for Refrigerant Recovery/Recycling Equipment Intended for Use with a
Flammable Refrigerant in Underwriters Laboratories Standard 1963
(Fourth Edition), Standard for Safety: Refrigerant Recovery/
Recycling Equipment.
0
17. Amend subpart F by revising appendix D to read as follows:

Appendix D to Subpart F of Part 82--Standards for Becoming a Certifying
Program for Technicians

a. Test Preparation

Technicians must pass an EPA-approved test, provided by an EPA-
approved certifying program to be certified as a Type I technician.
Organizations providing Type I certification only may choose either
an on-site format or a mail-in format similar to what is permitted
under the MVACs program.
Technicians must pass a closed-book, proctored test,
administered in a secure environment, by an EPA-approved certifying
program to be certified as a Type II or Type III technician.
Technicians must pass a closed-book, proctored test (or series
of tests), administered in a secure environment, by an EPA-approved
certifying program to be certified as a Universal technician. Mail-
in format Type I tests cannot be used toward a Universal
certification.
Each certifying program must assemble tests by choosing a
prescribed subset from the EPA test bank. EPA will have a test bank
with more questions than are needed for an individual test, which
will enable the certifying program to generate multiple tests in
order to discourage cheating. Each test must include 25 questions
drawn from Group 1 and 25 questions drawn from each relevant
technical Group. Tests for Universal technicians will include 100
questions (25 from Group 1 and 25 from each relevant technical
Group). Universal tests may be taken all at once, or by combining
passing scores on separate Type I, Type II, and Type III tests.
Questions should be divided in order to sufficiently cover each
topic within the Group.
Certifying programs must provide a paper hand-out or electronic
form of communication to technicians after they have completed their
certification test that contains the following information:

--Which certifying program is providing the testing;
--contact information for the certifying program;
--the name and contact information of the proctor; and
--when they should expect to receive their score and, if they
passed, their certification card.

Each certifying program must show a method of randomly choosing
which questions will be on the tests. Multiple versions of the test
must be used during each testing event. Test answer sheets must
include the name and address of the applicant, the name and address
of the certifying program, and the date and location at which the
test was administered.
Training material accompanying mail-in Type I tests must not
include sample test questions mimicking the language of the
certification test. All mail-in material will be subject to review
by EPA.
Certifying programs may charge individuals reasonable fees for
the administration of the tests. EPA will publish a list of all
approved certifying programs.

b. Proctoring

A certifying program for Type I (if in-person), Type II, Type
III, and Universal technicians must designate at least one proctor
registered for every 50 people taking tests at the same time at a
given site.
The certification test for Type I (if taken as part of a
Universal certification), Type II, Type III, and Universal
technicians is a closed-book exam. The proctors must ensure that the
applicants for certification do not use any notes or training
materials during testing. Desks or work space must be placed in a
way that discourages cheating. The space and physical facilities are
to be conducive to continuous surveillance by the proctors and
monitors during testing.
The proctor may not receive any benefit from the outcome of the
testing other than a fee for proctoring. Proctors cannot know in
advance which questions are on the tests they are proctoring.
Proctors are required to verify the identity of individuals
taking the test by examining photo identification. Acceptable forms
of identification include but are not limited to drivers' licenses,
government identification cards, passports, and military
identification.
Certifying programs for Type I technicians using the mail-in
format, must take sufficient measures at the test site to ensure
that tests are completed honestly by each technician. Each test for
Type I certification must provide a means of verifying the
identification of the individual taking the test. Acceptable forms
of identification include but are not limited to drivers' licenses
and passports.

c. Test Security

A certifying program must demonstrate the ability to ensure the
confidentiality and security of the test questions and answer keys
through strict accountability procedures. An organization interested
in developing a technician certification program will be required to
describe these test security procedures to EPA.
After the completion of a test, proctors must collect all test
forms, answer sheets, scratch paper and notes. These items are to be
placed in a sealed envelope.

d. Test Content

All Type I, Type II, Type III, and Universal certification tests
will include 25 questions from Group I. Group I will ask questions
in the following areas:

I. Environmental impact of CFCs, HCFCs, and substitute refrigerants
II. Laws and regulations
III. Changing industry outlook

Type I, Type II and Type III certification tests will also
include 25 questions from Group II. Group II will ask questions
covering sector-specific issues in the following areas:

IV. Leak detection
V. Recovery Techniques
VI. Safety
VII. Shipping
VIII. Disposal

Universal certification tests will include 75 questions from
Group II, with 25 from each of the three sector-specific areas. This
is in addition to the 25 questions from Group I.

e. Grading

Tests must be graded objectively. Certifying programs must
inform the applicant of their test results no later than 30 days
from the date of the test. Type I certifying programs using the
mail-in format must notify the applicants of their test results no
later than 30 days from the date the certifying programs received
the completed test and any required documentation.
The passing score for the closed-book Type I, Type II, Type III
and Universal certification test is 70 percent. The passing score
for Type I certification tests using the mail-in format is 84
percent.

f. Proof of Certification

Certifying programs must issue a standard wallet-sized
identification card no later than 30 days from the date of the test.
Type I certifying programs using mail-in formats must issue cards to
certified technicians no later than 30 days from the date the
certifying program receives the completed test and any required
documentation.
Each wallet-sized identification card must include, at a
minimum, the name of the certifying program including the date the
certifying program received EPA approval, the name of the person
certified, the type of

[[Page 69554]]

certification, a unique number for the certified person that does
not include a technician's social security number, and the following
text:
[Name of person] has successfully passed a [Type I, Type II,
Type III and/or Universal--as appropriate] exam on how to
responsibly handle refrigerants as required by EPA's National
Recycling and Emissions Reduction Program.

g. Recordkeeping and Reporting Requirements

Certifying programs must maintain records of the names and
addresses of all individuals taking the tests, the scores of all
certification tests administered, and the dates and locations of all
tests administered. These records must be maintained indefinitely,
unless transferred to another certifying program or EPA.
EPA must receive an activity report from all approved certifying
programs by every January 30 and July 30, which covers the previous
six months of certifications. The first report must be submitted
following the first full six-month period for which the program has
been approved by EPA. This report includes the pass/fail rate and
testing schedules. If the certifying program believes a test bank
question needs to be modified, information about that question
should also be included.
Approved certifying programs will receive a letter of approval
from EPA. Each testing center must display a copy of that letter at
their place of business.
Approved technician certification programs that voluntarily plan
to stop providing the certification test must forward all records
required by this appendix and Sec. 82.161 to another program
currently approved by EPA in accordance with this appendix and with
Sec. 82.161. Approved technician certification programs that
receive records of certified technicians from a program that no
longer offers the certification test, and the program that is
voluntarily withdrawing from being a technician certification
program must inform EPA in writing at the address listed in Sec.
82.160 within 30 days of receiving or transferring these records.
The notification must include the name and address of the program to
which the records have been transferred. If another currently
approved program willing to accept the records cannot be located,
these records must be submitted to EPA at the address listed at
Sec. 82.160.
Technician certification programs that have had their
certification revoked in accordance with Sec. 82.169 must forward
all records required by this appendix and Sec. 82.161 to EPA at the
address listed in Sec. 82.160. Failure to do so is a violation of
40 CFR part 82, subpart F.

h. Additional Requirements

EPA may periodically inspect testing sites to ensure compliance
with EPA regulations. If testing center discrepancies are found,
they must be corrected within a specified time period. If
discrepancies are not corrected, EPA may suspend or revoke the
certifying program's approval.
The inspections will include but are not limited to a review of
the certifying program's provisions for test security, the
availability of space and facilities to conduct the administrative
requirements and ensure the security of the tests, the availability
of adequate testing facilities and spacing of the applicants during
testing, a review of the proper procedures regarding accountability,
and that there is no evidence of misconduct on the part of the
certifying programs, their representatives and proctors, or the
applicants for certification.
If the certifying programs offer training or provide review
materials to the applicants, these endeavors are to be considered
completely separate from the administration of the certification
test.

0
18. Amend subpart F by adding appendix E to read as follows:

Appendix E to Subpart F of Part 82--Test Procedure for Leaks From
Containers Holding Two Pounds or Less of Refrigerant for Use in an MVAC

This appendix is based on the California Air Resources Board
(CARB) standard TP-503: Test Procedure for Leaks from Small Cans of
Automotive Refrigerant, as amended on January 5, 2010; and CARB
standard BP-A1: Balance Protocol for Gravimetric Determination of
Sample Weights using a Precision Balance, as amended January 5,
2010.

Section 1. Applicability

This test procedure is used by manufacturers of containers
holding two pounds or less of refrigerant for use in a motor vehicle
air conditioner (MVAC) to determine the leakage rate of small
containers of automotive refrigerant that are subject to the
requirements of 40 CFR part 82, subpart F. Specifically, this test
procedure will specify the equipment, procedures, and calculations
to determine if a container holding two pounds or less of
refrigerant for use in an MVAC complies with the leakage rate
specified in Sec. 82.154(c)(2)(ii). All terms in this appendix will
follow the definitions in Sec. 82.152 unless otherwise defined in
this appendix.
All containers holding two pounds or less of refrigerant for use
in an MVAC must comply with other applicable codes and regulations
such as local, state, or Federal safety codes and regulations.
This test procedure involves the use of materials under pressure
and operations and should only be used by or under the supervision
of those familiar and experienced in the use of such materials and
operations. Appropriate safety precautions should be observed at all
times while performing this test procedure.

Section 2. Principle and Summary of Test Procedure

This procedure is used to determine the leakage rate of
containers holding two pounds or less of refrigerant for use in an
MVAC (small cans). Testing will involve subjecting both full and
partially empty cans in both upright and inverted positions at two
temperatures: 73 [deg]F and 130 [deg]F.
Thirty small cans are tested under each condition for a total of
240 small cans tested. Small cans are brought to temperature
stability, weighed, then stored for 30 days under specified
conditions of temperature, orientation, and state of fill, then re-
weighed. Leakage rate (grams/year) is estimated by (weight loss in
grams) x 365/(days duration). The leakage rate is then compared to a
standard of 3.00 grams/year to determine if a given small can
complies with the leakage rate specified in Sec. 82.154(c)(2)(ii).

Section 3. Biases and Interferences

3.1 Contaminants on the operator's hands can affect the weight
of the small can and the ability of the small can to absorb
moisture. To avoid contamination of the small can, the balance
operator should wear gloves while handling the small cans.
3.2 Weight determinations can be interfered with by moisture
condensing on the small can and by thermal currents generated by
temperature differences between the small can and the room
temperature. The small cans cool during discharge and could cause
condensation. For these reasons, small cans must be equilibrated to
balance room temperature for at least four hours before weighing.
3.3 Variations in the temperature, pressure, and humidity of the
ambient air will cause variations in the buoyancy of the small can.
These variations should typically be less than 25 mg for a small
can. If the small can is not leaking at all, then the uncorrected
weight changes will be within the range of 0 25 mg,
which is about ten percent of the 247 mg loss expected after thirty
days for a can leaking at 3 g/yr. In that case buoyancy corrections
can be omitted. If the absolute value of the uncorrected weight
change exceeds 25 mg, then all calculations must be made using
weights corrected for buoyancy based on the temperature, pressure,
and humidity of the weighing room.
3.4 Some electronic balances are sensitive to the effects of
small static charges. The small can should be placed directly on the
balance pan, ensuring metal to metal contact. If the balance pan is
not grounded, the small can and balance pan should be statically
discharged before weighing.

Section 4. Sensitivity and Range

The mass of a full small can could range from roughly 50 g to
1000 g depending on the container capacity. A top loading balance,
capable of a maximum weight measurement of not less than 1,000 g and
having a minimum readability of 0.001 g, reproducibility and
linearity of 0.002 g, must be used to perform mass
measurements.

Section 5. Equipment

5.1 A top loading balance that meets the requirements of Section
4 above.
5.2 A NIST traceable working standard mass for balance
calibration. A NIST traceable working standard mass for a balance
linearity check. A reference mass to serve as a ``blank'' small can.
5.3 An enclosure capable of controlling the internal air
temperature from 73 [deg]F 5 [deg]F, and an enclosure
capable of controlling the internal air temperature to 130 [deg]F
5 [deg]F.
5.4 A temperature instrument capable of measuring the internal
temperature of the

[[Page 69555]]

temperature conditioning enclosures and the balance room with a
sensitivity of 2 [deg]F.
5.5 A barometric pressure instrument capable of measuring
atmospheric pressure at the location of the balance to within 0.02 inches of mercury.
5.6 A relative humidity measuring instrument capable of
measuring the relative humidity (RH) at the location of the balance
with a sensitivity of 2% RH.
5.7 A hose with appropriate fitting for dispensing refrigerant
from the small can to a recovery machine.
5.8 A refrigerant recovery machine to collect the discharged
refrigerant from small cans being tested.

Section 6. Calibration Procedures

6.1 Calibrations are applied to the balance and to the support
equipment such as temperature, humidity, and pressure monitoring
equipment. Procedures for calibration are not spelled out here.
General calibration principals for the support equipment and the
balance are described in Section 11, Quality Assurance/Quality
Control. Detailed calibration procedures for measurements made using
the balance are contained in Attachment A: ``Balance Protocol for
Gravimetric Determination of Sample Weights using a Precision
Balance.''

Section 7. Small Can Preparation

7.1 Receive a batch of 240 small cans of one design to be
tested. These may include several SKUs from different manufacturers
if the container and valve combination are the same.
7.2 Clean small cans with Alkanox solution or equivalent and dry
with a lint free towel.
7.3 Confirm that the sample ID sticker on the small can matches
the sample ID on the chain of custody forms.
7.4 Select a reference mass similar to the weight of a full
small can. If multiple sets of similar sized small cans are being
tested, only one reference mass is needed; it can be used with all
sets. Store the reference mass in the balance area.
7.5 Evacuate the contents of one half of the small cans (120
cans) into the refrigerant recovery machine using normal DIY
dispensing procedures until each small can is approximately half
full.
7.6 Select a reference mass similar to the weight of the half-
full small can. If multiple sets of similar size small cans are
being tested, only one reference mass is needed; it can be used with
all sets. Store the reference mass in the balance area.

Section 8. Small Can Weighing

Weighing cans on the balance is done in accordance with
Attachment A to this appendix. Attachment A describes how to conduct
weight determinations including appropriate calibration and QC data.
This section, ``Small Can Weighing,'' describes the overall process,
not the details of how to use the balance.

Initial Weights

8.1 Put on gloves. Check the small cans for contamination.
8.2 Place the 240 small cans into a location where they can
equilibrate to balance room temperature. Record the small can test
IDs and the equilibration start time on the Small Can Test Data
Forms (Form XXXX-YY) available on EPA's Web site in sets of thirty,
one form for each of the eight test conditions.
8.3 Let cans equilibrate for at least four hours.
8.4 Weigh the set of 240 small cans and the reference weights
using Attachment A and log the results to the Balance Weighing Log
Form (Form XXXX-YY) available on EPA's Web site.
8.5 Transfer data from the Balance Weighing Log Form to the
Small Can Test Data Form in sets of 30, one set for each of the
eight conditions to be tested.

Thirty-Day Soak

8.6. Place each set of 30 small cans into the appropriate
orientation and temperature for soaking:
30 full small cans--73 [deg]F, upright
30 full small cans--73 [deg]F, inverted
30 full small cans--130 [deg]F, upright
30 full small cans--130 [deg]F, inverted
30 half-full small cans--73 [deg]F, upright
30 half-full small cans--73 [deg]F, inverted
30 half-full small cans--130 [deg]F, upright
30 half-full small cans--130 [deg]F, inverted
8.7. Soak the small cans for 30 days undisturbed.

Final Weighing

8.8 Place the 240 small cans into a location where they can
equilibrate to balance room temperature.
8.9 Let the small cans equilibrate for at least four hours.
8.10 Weigh the set of 240 small cans, the reference weights, and
any additional sets of small cans using Attachment A.
8.11 Transfer data from the Balance Weighing Log Form to the
corresponding Small Can Test Data Forms.

Section 9. Calculations

Corrections for Buoyancy

The calculations in this section are described in terms of
``weight.'' Mass is a property of the small can, whereas weight is a
force due to the effects of buoyancy and gravity. Procedures for
correcting the effect of buoyancy are given in Attachment B of this
appendix. Ignoring buoyancy, i.e. using weight data uncorrected for
buoyancy effects, is acceptable for a thirty day test if the
absolute magnitude of the weight change is less than 25 mg. If the
uncorrected weight change exceeds 25 mg for any small can, then
correct all small can weights for buoyancy using the procedures in
Attachment B before performing the calculations described below.

Calculation of Leak Rate

The emission rate in grams/day for each small can is calculated
by subtracting the final weight from the initial weight and then
dividing the weight difference by the time difference measured in
days to the nearest hour (nearest 1/24 of a day). The emission rate
in g/day is multiplied by 365 to determine emission rate in grams/
yr. If the annual emission rate for any small can exceeds the entire
small can contents, then the annual emission rate for that small can
is adjusted to equal the entire small can contents/year (e.g., about
350 g/yr for a 12 ounce small can). The annual emission rate for the
purpose of the test is calculated by averaging the 240 individual
adjusted annual emission rates and rounding to two decimal places.
The cans fail the test if the adjusted annual emission rate averaged
over 240 cans is greater than 3.00 g/yr. The calculations are
described below.

Loss Rate for Each Small Can

Eidaily = (Wifinal - Wiinitial) /
(Difinal - Diinitial) g/day
Eiannual = 365 x Eidaily g/year
Eiadjusted = Minimum of (Eiadjusted, Ci/year)
g/yr

Where,

Ei = emission rate
Wifinal = weight of can i after soaking (grams)
Wiinitial = weight of can I before soaking (grams)
Difinal = date/time of final weight measurements (days)
Diinitial = date/time of initial weight measurements
(days)
Ci = original factory mass of refrigerant in can i

Note: Date/Times are measured in days. Microsoft Excel stores
dates and times in days, and the calculations can be made directly
in Excel. If calculations are made manually, calculate serial days
to the nearest hour for each date and time as follows:
D = Julday + Hour/24

Where,

Julday = serial day of the year: Jan 1 = 1, Jan 31 = 31, Feb 1 = 32,
etc.
Hour = hour of day using 24-hour clock, 0 to 23

Calculate the average loss rate for the 240 small cans as
follows:

Emean = [Sum (Eadjustedi), i=1 to 240] / 240

Section 10. Recordkeeping

During small can weighing, record the small can weights and
date/times on the Balance Weighing Log Form. After each weighing
session, transfer the measured weights and date/times from the
Balance Weighing Log Form to the Small Can Test Data Form.
At the end of the test, complete the calculations described in
Section 9, Calculations, and record the results on the Small Can
Test Data Form.

Section 11. Quality Assurance/Quality Control

11.1 All temperature, pressure, and humidity instruments should
be calibrated annually against NIST traceable laboratory standards.
The main purpose of the NIST traceable calibration is to establish
the absolute accuracy of the device. The instruments should also be
checked periodically such as weekly, monthly, or quarterly against
intermediate standards or against independent instruments. For
example, a thermocouple can be checked weekly against a wall
thermometer. A barometer or pressure gauge can be checked weekly by
adjusting to sea level and comparing with local airport data. The
main purpose of the frequent checks is to verify that the device has
not failed in some way.

[[Page 69556]]

This is especially important for electronic devices such as a
digital thermometer, but even a liquid filled thermometer can
develop a problem such as a bubble.
11.2 The balance should be serviced and calibrated annually by
an independent balance service company or agency using NIST
traceable reference masses. Servicing verifies accuracy and
linearity, and the maintenance performed helps ensure that a
malfunction does not develop.
11.3 The balance must also be calibrated and its linearity
checked with working standards before and after each weighing
session, or before and after each group of 24 small cans if more
than 24 small cans are weighed in a session. Procedures for
calibrating and using the balance, as well as recording balance
data, are described in the accompanying balance weighing protocol.
These procedures include zero checks, calibration checks, and
reference mass checks. Procedures for calculating quality control
data from those checks are described in Attachment A.
11.4 The small cans are cleaned then handled using gloves to
prevent contamination. All equilibration and soaking must be done in
a dust free area.

ATTACHMENT A--BALANCE PROTOCOL FOR GRAVIMETRIC DETERMINATION OF SAMPLE
WEIGHTS USING A PRECISION BALANCE

1. Scope and Application

This Protocol summarizes a set of procedures and tolerances for
weighing objects in the range of 0 to 1,000 g with a resolution of
0.001 g. This protocol only addresses balance operations, it does
not address project requirements for equilibration, sample hold time
limits, sample collection etc.

2. Summary of Method

The balance is zeroed and calibrated using procedures defined
herein. Object weight determinations are conducted along with
control object weight determinations, zero checks, calibration
checks, sensitivity checks, and replicate weightings in a defined
sequence designed to control and quantitatively characterize
precision and accuracy.

3. Definitions

N/A.

4. Interferences

Object weights can be affected by temperature and relative
humidity of their environment, air currents, static electricity,
gain and loss of water vapor, gain or loss of and loss of volatile
compounds directly from the sample or from contaminants such as
finger prints, marker ink, and adhesive tape.
Contamination, transfer of material to or from the samples, is
controlled by conducting operations inside a clean area dedicated to
the purpose and having a filtered laminar air flow where possible;
by wearing gloves while handling all samples and related balance
equipment; by using forceps to handle small objects, and by keeping
the balance and all related equipment inside the clean area.
Air currents are controlled by conducting weighing operations
inside a closed chamber or glove box and by allowing the substrates
to reach temperature and relative humidity equilibrium. The chamber
is maintained at 40% relative humidity and 25 [deg]C by a continuous
humidity and temperature control system. The temperature and RH
conditions are recorded at least once per weighing sessions.
Equilibration times for samples that are particularly sensitive to
humidity or to loss of semi-volatiles species are specified by
project requirements.
Static electric charges on the walls of the balance and the
weighed objects, including samples, controls, and calibration
weights, can significantly affect balance readings. Static is
avoided by the operator ground himself and test objects as described
in the balance manual.

5. Personnel Health and Safety

N/A.

6. Equipment and Supplies

Filtered, temperature and humidity controlled weighing
chamber.
Precision Balance.
Plastic forceps.
Nylon fabric gloves.
Working calibration weights: ANSI Class 2, 1000g and
500 g.
Working sensitivity weight: 50 mg.
Reference objects: references are one or more objects
that are typical of the objects to be weighed during a project, but
that are stored permanently inside the balance glove box. Reference
objects are labeled Test1, Test2, Test3, etc.

7. Reagents and Standards

N/A.

8. Sample Collection, Preservation, and Storage

N/A. See relevant project requirements and SOPs.

9. Quality Control

Data quality is controlled by specifying frequencies and
tolerances for Zero, Calibration, Linearity, and Sensitivity checks.
If checks do not meet tolerance criteria, then samples must be re-
weighed. In addition, the procedures specify frequencies for Control
Object Checks.
Data quality is quantitatively characterized using Zero Check,
Calibration Check, and Control Check data. These data are summarized
monthly in statistics and QC charts.

10. Calibration and Standardization

The absolute accuracy of the balance is established by
calibration against an ANSI Class 2, stainless steel working weight:
1000.000 g 0.0025 g. Linearity is established checking
the midpoint against an ANSI Class 2 stainless steel working weight:
500.000 0.0012 g. Sensitivity is established using and
ANSI Class 2 stainless steel or aluminum working weight: 50 mg.
Precision is checked by periodically checking zero, calibration, and
reference object weights.

11. Procedure

11.1 Overview of Weighing Sequence
Weighing a series of substrates consists of performing the
following procedures in sequence, while observing the procedures for
handling and the procedures for reading the balance:
1. Initial Adjustment.
2. Weigh eight samples.
3. Zero Check.
4. Weigh eight samples.
5. Zero Check.
6. Weigh eight samples.
7. Calibration Check.
8. Return to step 2.
9. If less than 24 cans are weighed, perform a final Calibration
Check at the end of weighing.
This sequence is interrupted and samples are reweighed if QC
check tolerances are not met. Each of these procedures along with
procedures for handling and reading the balance are described below.
The QC tolerances referred to in these procedures are listed in
Table 1.

11.2 Handling

1. Never touch samples, weights, balance pans, etc. with bare
hands. Wear powder free gloves to handle the weights, controls, and
samples.

11.3 Reading the Balance

1. Close the door. Wait for the balance stabilization light to
come on, and note the reading.
2. Watch the balance reading for 30 sec (use a clock). If the
reading has not changed by more than 0.001 g from the reading noted
in step 1, then record the reading observed at the end of the 30 sec
period.
3. If the reading has drifted more than 0.001 g note the new
balance reading and go to step 2.
4. If the balance reading is flickering back and forth between
two consecutive values choose the value that is displayed more often
than the other.
5. If the balance reading is flickering equally back and forth
between two consecutive values choose the higher value.

11.4 Initial Adjustment

1. Empty the sample pan Close the door. Select Range 1000 g.
2. Wait for a stable reading.
3. Record the reading with QC code IZC (initial zero check).
4. Press the Tare button.
5. Record the reading in the logbook with QC code IZA (initial
zero adjust).
6. Place the 1,000 g working calibration weight on the balance
pan.
7. Wait for a stable reading.
8. Record the reading with QC code ICC (initial cal check).
9. Press the Calibrate button.
10. Record the reading with QC code ICA (initial cal adjust).
11. Remove the calibration weight.
12. Wait for a stable reading.
13. Record the reading with QC code IZC.
14. If the zero reading exceeds 0.002 g, go to step
4.
15. Place the 500 g calibration weight on the balance pan.
16. After a stable reading, record the reading with QC code
C500. Do not adjust the balance.

[[Page 69557]]

17. Add the 0.050 g weight to 500 g weight on the balance pan.
18. After a stable reading, record the reading with QC code
C0.05. Do not adjust the balance.
19. Weigh reference object TEST1, record reading with QC code
T1.
20. Weigh the reference object TEST2, TEST3, etc. that is
similar in weight to the samples that you will be weighing. Record
with QC code T2, T3, etc.

11.5 Zero Check

1. Empty the sample pan. Close the door.
2. Wait for a stable reading
3. Record the reading with QC code ZC
4. If the ZC reading is less than or equal to the zero adjustment
tolerance shown in Table 1, return to weighing and do not adjust the
zero. If the ZC reading exceeded the zero adjustment tolerance,
proceed with steps 5 through 7.
5. Press the Tare button
6. Record the reading in the logbook with QC code ZA.
7. If the ZC reading exceeded the zero re-weigh tolerance, change
the QC code recorded in step 3 from ZC to FZC. Then enter a QC code
of FZ into the QC code column of all samples weights obtained after
the last valid zero check. Re-weigh all of those samples, recording
new data in new rows of the logbook.

11.6 Calibration Check

1. First, follow procedures for Zero Check. If the ZC was within
tolerance, tare the balance anyway (i.e. follow steps 5 and 6 of the
Zero Check method)
2. Place the 1,000 g working calibration weight on the sample pan,
wait for a stable reading.
3. Record the reading with QC code C1000
4. If the C1000 reading is less than or equal to the calibration
adjustment tolerances, skip steps 5 through 8 and proceed to step 9.
Do not adjust the calibration.
5. If the C100 reading exceeded the calibration adjust tolerance,
press the Calibrate button.
6. Record the reading in the logbook with QC code CA
7. Perform a Zero Check (follow the Zero Check method)
8. If the C1000 reading exceeded the calibration re-weigh tolerance,
change the code recorded in step 3 from C1000 to FC1000. Enter FC
into the QC column for all sample weights obtained after the last
valid calibration check. Re-weigh all of those samples, recording
new data in new rows of the logbook.

11.7 Replicate Weighing Check

1. This protocol does not include reweigh samples to obtain
replicates. The projects for which this protocol is intended already
include procedures multiple weightings of each sample.

Table 1--QC Tolerances and Frequencies for Balance Protocol
------------------------------------------------------------------------

------------------------------------------------------------------------
Reading Tolerance:
------------------------------------------------------------------------
0.001 g, stable for 30 sec.
------------------------------------------------------------------------
Adjustment Tolerances:
------------------------------------------------------------------------
Zero:.............................. -0.003 to +0.003 g.
Calibration:....................... 999.997 to 1000.003 g.
Controls:.......................... none.
Replicates:........................ none.
------------------------------------------------------------------------
Re-weigh Tolerances:
------------------------------------------------------------------------
Zero:.............................. -0.005 to +0.005 g.
Calibration:....................... 999.995 to 1000.005 g.
Controls:.......................... none.
Replicates:........................ none.
------------------------------------------------------------------------
Reference Objects:
------------------------------------------------------------------------
Test 1--A reference object weighing about 400 g.
Test 2--A reference object weighing about 200 g.
Test 3--A reference object weighing about 700 g.
------------------------------------------------------------------------
QC Frequencies:
------------------------------------------------------------------------
Zero Checks:....................... once per 8 samples.
Calibration Checks:................ once per 24 samples.
Repeat weighings:.................. none (test method includes
replicate determinations).
Control objects:................... once per weighing session.
------------------------------------------------------------------------

12. Data Analysis and Calculations

For Zero Checks, let Z equal the recorded Zero Check value. For
control checks let T1, T2, etc. equal the recorded value for control
object Test 1, Test 2, etc. For Calibration Checks, let C1000 equal
C1000 reading minus 1000, M = C500-500, S = .C.050-C500-.050. For
Replicate Checks, let D equal the loss that occurred between the
first and second measurements. In summary:

T1 = T1
T2 = T2
T3 = T3
Z = ZC -0
C = C1000 -1000
M = C500 -500
G = C050 - C500 - .050

Tabulate the mean and standard deviation for each of the
following: Z, C, M, G. T1, T2, T3. Depending on the number of
operators using the balance and the number of protocols in use,
analyze the data by subcategories to determine the effects of
balance operator and protocol. Each of these standard deviations,
SZ, SC, etc. is an estimate of the precision
of single weight measurement.
For Z, C, M, and G, check the mean value for statistical
difference from 0. If the means are statistically different than
zero, troubleshooting to eliminate bias may be called for. For Z, C,
M, G, T1, T2, T3, check that the standard deviations are all
comparable. If there are systematic differences, then
troubleshooting to eliminate the problem may be called for.
Note that the precision of a weight gain, involves two weight
determinations, and therefore is larger than S by a factor of
sqrt(2). On the other hand replicate weighings improves the
precision of the determinations by a factor of sqrt(N). If N = 2,
i.e. duplicates, then the factors cancel each other.
To estimate the overall uncertainty in a weight determination, a
conservative estimate might be to combine the imprecision
contributed by the zero with the imprecision contributed by the
calibration.

U = Sqrt(SZ\2\ + SC\2\)

[[Page 69558]]

The uncertainty in a weight gain from N replicates is then given
by:

Ugain = Sqrt(2) x Sqrt(SZ\2\ +
SC\2\) /Sqrt(N)

But due to the balance adjustment and reweigh tolerances, we
expect SZ to approximately equal SC, to
approximately equal SM, etc. tolerances, so that the
equation above becomes:

Ugain = 2 x S/Sqrt(N)

Where S is any individual standard deviation; or better, a
pooled standard deviation.

13. Method Performance

The data necessary to characterize the accuracy and precision of
this method are still being collected. The method is used primarily
to weigh objects before and after a period of soaking to determine
weight loss by subtraction. Given the reweigh tolerances, we expect
that the precision of weight gain determinations will be on the
order of 0.006 g at the 1-sigma level. Bias in the weight gain
determination, due to inaccuracy of the calibration weight and to
fixed non-linearity of the balance response is on the order 0.005%
of the gain.

14. Pollution Prevention

When discharging half the can contents during can preparation,
do not vent the contents of the small can to the atmosphere. Use an
automotive recovery machine to transfer small can contest to a
recovery cylinder.

15. Waste Management

Dispose of the contents of the recycle cylinder through a
service that consolidates waste for shipment to EPA certified
facilities for reclaiming or destruction.

ATTACHMENT 2--COMPENSATION OF WEIGHT DATA FOR BUOYANCY AND GRAVITY
EFFECTS

Gravity

Variations in gravity are important only when weighing objects
under different gravitational fields, i.e. at different locations or
at different heights. Since the balance procedures calibrate the
balance against a known mass (the calibration ``weight'') at the
same location where sample objects are weighed, there is no need to
correct for location. Although both the sample and the calibration
weight are used at the same location, there will be a difference in
the height of the center of gravity of the sample object (small can)
and the center of gravity of the reference mass (calibration
weight). However, this difference in height is maintained during
both the initial weights and final weights, affecting the initial
and final weights by the same amount, and affecting the scale of the
weight difference by only a few ppm. In any event, the magnitude of
this correction is on the order of 0.3 ug per kg per mm of height
difference. A difference on the order of 100 mm would thus yield a
weight difference of about 0.03 mg, which is insignificant compared
to our balance resolution which is 0.001 g or 1 mg.
Based on the discussion above, no corrections for gravity are
necessary when determining weight changes in small cans.

Buoyancy

Within a weighing session, the difference in density between the
sample object and the calibration weight will cause the sample
object weight value to differ from its mass value due to buoyancy.
For a 1-liter object in air at 20 [deg]C and at 1 atm, the buoyant
force is about 1.2 g. The volume of a 1 kg object with a density of
8 g/cm\3\ (e.g. a calibration weight), is about 0.125 liters, and
the buoyancy force is about 0.15 g. Variations in air density will
affect both of these values in proportion. The net value being
affected by variations in air density is thus on the order of 1.2-
0.15 = 1.05 g. Air density can vary up or down by 2% or more due to
variations in barometric pressure, temperature, and humidity. The
buoyancy force will then vary up or down by 0.02 g, or 20 mg. This
is significant compared to the weight change expected after one week
for a can leaking at 3 grams per year, which is 57 mg.
Based on the discussion above, buoyancy corrections must be
made.
Variables measured or calculated:

Vcan = volume of can (cm\3\). Estimate to within 10% by
measuring the can dimensions or by water displacement. Error in the
can volume will cause an error in the absolute amount of the
buoyancy force, but will have only a small effect on the change in
buoyancy force from day to day.
Wcan = nominal weight of a can (g), used to calculate the
nominal density of the can.
[rho]can = nominal density of a small can (g/cm\3\). The
nominal values can be applied to corrections for all cans. It is not
necessary to calculate a more exact density for each can. Calculate
once for a full can and once for a half full can as follows:
[rho]can = WCAN/VCAN
T = Temperature in balance chamber (degrees Celsius).
RH = Relative humidity in balance chamber (expressed a number
between 0 and 100).
Pbaro = Barometric pressure in balance chamber
(millibar). Use actual pressure, NOT pressure adjusted to sea level.
[rho]air = density of air in the balance chamber (g/
cm\3\). Calculate using the following approximation:
[rho]air = 0.001*[0.348444*Pbaro - (RH /
100)x(0.252xT - 2.0582)] / (T + 273.15)
[rho]ref = the reference density of the calibration
weight (g/cm\3\). Should be 8.0 g/cm\3\.
Equation to correct for buoyancy: Wcorrected =
Wreading x (1 - [rho]air /
[rho]ref) / (1 - [rho]air /
[rho]can)
[FR Doc. 2015-26946 Filed 11-6-15; 8:45 am]
BILLING CODE 6560-50-P

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