Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector To Incorporate Latest Edition of Certain Industry, Consensus-Based Standards, 38969-38976 [2018-16773]
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Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2017–0472; FRL–9981–89–
OAR]
RIN 2060–AT53
Protection of Stratospheric Ozone:
Revision to References for
Refrigeration and Air Conditioning
Sector To Incorporate Latest Edition of
Certain Industry, Consensus-Based
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On December 11, 2017, the
U.S. Environmental Protection Agency
(EPA) published a direct final rule and
an accompanying notice of proposed
rulemaking entitled ‘‘Protection of
Stratospheric Ozone: Revision to
References for Refrigeration and Air
Conditioning Sector To Incorporate
Latest Edition of Certain Industry,
Consensus-based Standards.’’ EPA
proposed to modify the use conditions
required for use of three flammable
refrigerants—isobutane (R-600a),
propane (R-290), and R-441A—in new
household refrigerators, freezers, and
combination refrigerators and freezers
under the Significant New Alternatives
Policy (SNAP) program to reflect an
updated standard from Underwriters
Laboratories. Because EPA received
adverse comment, EPA withdrew the
direct final rule through a separate
notice. In this action, EPA is addressing
relevant comments and finalizing the
proposed use conditions with no
changes.
SUMMARY:
This rule is effective on
September 7, 2018. The incorporation
by reference of certain publications
listed in the rule is approved by the
Director of the Federal Register as of
September 7, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2017–0472. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
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DATES:
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available electronically through https://
www.regulations.gov or in hard copy at
the Air and Radiation Docket, EPA/DC,
EPA West, Room 3334, 1301
Constitution Avenue NW, Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Air
and Radiation Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Chenise Farquharson, Stratospheric
Protection Division, Office of
Atmospheric Programs (Mail Code
6205T), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone
number: 202–564–7768; email address:
farquharson.chenise@epa.gov. Notices
and rulemakings under EPA’s SNAP
program are available on EPA’s
Stratospheric Ozone website at https://
www.epa.gov/snap/snap-regulations.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. What action is EPA taking?
B. Does this action apply to me?
II. Background
A. What is the affected end-use?
B. Use Conditions
C. 2017 UL Standard 60335–2–24
III. What is EPA finalizing in this action?
A. Use Conditions
B. Rationale for Changed Use Conditions
C. Incorporation by Reference
D. Equipment Manufactured Prior to
Effective Date of This Rule
IV. Response to Comments
A. Compliance With 2017 UL Standard
60335–2–24
B. Flammability
C. Venting Prohibition
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Executive Order 13771: Reducing
Regulation and Controlling Regulatory
Costs
C. Paperwork Reduction Act
D. Regulatory Flexibility Act
E. Unfunded Mandates Reform Act
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
J. National Technology Transfer and
Advancement Act (NTTAA) and 1 CFR
part 51
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38969
K. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
L. Congressional Review Act
VI. References
I. General Information
A. What action is EPA taking?
On December 11, 2017, EPA
published a direct final rule (82 FR
58122) to modify the use conditions for
three flammable hydrocarbon
refrigerants—isobutane (R-600a),
propane (R-290), and R-441A—used in
new household refrigerators, freezers,
and combination refrigerators and
freezers (hereafter ‘‘household
refrigerators and freezers’’) by replacing
four of the five use conditions in
previous hydrocarbon refrigerants rules
under EPA’s Significant New
Alternatives Policy (SNAP) program (76
FR 78832, December 20, 2011; 80 FR
19454, April 10, 2015) with the revised
Underwriters Laboratories (UL)
Standard 60335–2–24, ‘‘Household and
Similar Electrical Appliances—Safety—
Part 2–24: Particular Requirements for
Refrigerating Appliances, Ice-Cream
Appliances and Ice-Makers’’ (2nd
edition, April 28, 2017). We stated in
that direct final rule that if we received
adverse comment by January 25, 2018,
we would publish a timely withdrawal
in the Federal Register so that the direct
final rule would not take effect. EPA
received adverse comment on the direct
final rule and published a separate
notice withdrawing the direct final rule
on March 7, 2018 (83 FR 9703).
EPA also published a Notice of
Proposed Rulemaking on December 11,
2017 accompanying the direct final rule,
entitled ‘‘Protection of Stratospheric
Ozone: Revision to References for
Refrigeration and Air Conditioning
Sector To Incorporate Latest Edition of
Certain Industry, Consensus-based
Standards’’ (82 FR 58154). That notice
proposed to make the same changes to
the relevant listing decisions as in the
direct final rule. This action addresses
the comments received and finalizes the
revisions to the relevant listing
decisions, as proposed.
B. Does this action apply to me?
This action regulates the use of three
flammable hydrocarbon refrigerants—
isobutane, propane, and the
hydrocarbon blend R-441A—in new
household refrigerators and freezers.
Table 1 identifies entities potentially
affected by this action. Regulated
entities may include:
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Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Rules and Regulations
TABLE 1—POTENTIALLY REGULATED ENTITIES BY NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE
Category
NAICS code
Industry ..........
333415
Industry ..........
Industry ..........
335222
811412
Description of regulated entities
Manufacturers of Refrigerators, Freezers, and Other Refrigerating or Freezing Equipment, Electric or Other
(NESOI); Heat Pumps Not Elsewhere Specified or Included; and Parts Thereof.
Household Refrigerator and Home Freezer Manufacturing.
Appliance Repair and Maintenance.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This table lists
the types of entities that EPA is
currently aware could potentially be
regulated by this action. Other types of
entities not listed in the table could also
be regulated. To determine whether
your entity is regulated by this action,
you should carefully examine the
applicability criteria found in 40 CFR
part 82. 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.
II. Background
A. What is the affected end-use?
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Household refrigerators and freezers
are intended primarily for residential
use, although they may be used outside
the home (e.g., workplace kitchen
pantries). The designs and refrigeration
capacities of equipment vary widely.
This equipment is composed of three
main categories: Household freezers
only offer storage space at freezing
temperatures, household refrigerators
only offer storage space at non-freezing
temperatures, and products with both a
refrigerator and freezer in a single unit
are referred to as combination
refrigerators and freezers. The
combination products are the most
common. Certain small refrigerated
household appliances (e.g., chilled
kitchen drawers, wine coolers, and
mini-fridges) are also within this enduse. Household refrigerators and
freezers have all refrigeration
components integrated, and for the
smallest types, the refrigeration circuit
is entirely brazed or welded. These
systems are charged with refrigerant at
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the factory and typically require only an
electricity supply to begin operation.
The 2014 American Society of
Heating, Refrigerating, and AirConditioning Engineers (ASHRAE)
Handbook of Refrigeration provides an
overview of food preservation in regard
to household refrigerators and freezers.
Generally, a storage temperature
between 32 and 39 °F (0 to 3.9 °C) is
desirable for preserving fresh food.
Humidity and higher or lower
temperatures are more suitable for
certain foods and beverages. Wine
chillers, for example, are frequently
used for storing wine, and have slightly
higher optimal temperatures from 45 to
65 °F (7.2 to 18.3 °C). In single-door
refrigerators, the optimum conditions
for food preservation are also slightly
higher since food storage is not intended
for long-term storage. Freezers and
combination refrigerators and freezers
that are designed to store food for long
durations are generally designed to hold
temperatures near 0 to 5 °F (¥17.7 to
¥15 °C).
Refrigerant Flammability
American National Standards
Institute (ANSI)/ASHRAE Standard
34—2016 assigns a safety group
classification for each refrigerant which
consists of two alphanumeric characters
(e.g., A2 or B1). The capital letter
indicates the toxicity and the numeral
denotes the flammability. ASHRAE
classifies Class A refrigerants as
refrigerants for which toxicity has not
been identified at concentrations less
than or equal to 400 parts per million
(ppm) by volume, based on data used to
determine threshold limit values (TLV)–
time weighted average (TWA) or
consistent indices. Class B signifies
refrigerants for which there is evidence
of toxicity at concentrations below 400
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ppm by volume, based on data used to
determine TLV–TWA or consistent
indices.
The refrigerants are also assigned a
flammability classification of 1, 2, or 3.
Tests are conducted in accordance with
American Society for Testing and
Materials (ASTM) E681 using a spark
ignition source at 60 °C and 101.3 kPa.1
The flammability classification ‘‘1’’ is
given to refrigerants that, when tested,
show no flame propagation. The
flammability classification ‘‘2’’ is given
to refrigerants that, when tested, exhibit
flame propagation, have a heat of
combustion less than 19,000 kJ/kg
(8,174 British thermal units (BTU)/lb),
and have a lower flammability limit
(LFL) greater than 0.10 kg/m3.
Refrigerants within flammability
classification ‘‘2’’ may optionally be
designated in the subclass ‘‘2L’’ if they
have a maximum burning velocity of 10
cm/s or lower when tested at 23.0 °C
and 101.3 kPa. The flammability
classification ‘‘3’’ is given to refrigerants
that, when tested, exhibit flame
propagation and that either have a heat
of combustion of 19,000 kJ/kg (8,174
BTU/lb) or greater or an LFL of 0.10 kg/
m3 or lower. Thus, refrigerants with
flammability classification ‘‘3’’ are
highly flammable while those with
flammability classification ‘‘2’’ are less
flammable and those with flammability
classification ‘‘2L’’ are mildly
flammable.
For both toxicity and flammability
classifications, refrigerant blends are
designated based on the worst-case
estimate of fractionation determined for
the blend. Figure 1 illustrates these
safety group classifications.
1 ASHRAE, 2016. ANSI/ASHRAE Standard 34—
2016: Designation and Safety Classification of
Refrigerants.
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B. Use Conditions
EPA previously found isobutane,
propane, and R-441A acceptable, subject
to use conditions, in new household
refrigerators and freezers (76 FR 78832,
December 20, 2011; 80 FR 19454, April
10, 2015). In the proposed and final
rules, EPA provided information on the
environmental and health properties of
the three refrigerants and the various
other substitutes available for use in
household refrigerators and freezers.
EPA’s risk screens for the three
refrigerants are available in the docket
for these rulemakings (EPA–HQ–OAR–
2009–0286 and EPA–HQ–OAR–2013–
0748).2 3
Isobutane, propane, and R-441A have
an ASHRAE classification of A3,
indicating that they have low toxicity
and high flammability. The
flammability risks are of concern
because household refrigerators and
freezers have traditionally used
refrigerants that are not flammable. In
the presence of an ignition source (e.g.,
static electricity, a spark resulting from
a closing door, or a cigarette), an
explosion or a fire could occur if the
concentration of isobutane, propane,
and R-441A were to exceed the LFL of
18,000 ppm, 21,000 ppm, and 20,500
ppm, respectively.
To address the flammability risk,
which is not posed by other available
refrigerants in this end-use, EPA listed
the refrigerants as acceptable, subject to
use conditions, in new household
refrigerators and freezers. The use
conditions ensure minimization of
flammability risk by incorporating by
reference Supplement SA to the 10th
edition of UL Standard 250, and by
including refrigerant charge size limits
2 Isobutane and R-441A: 75 FR 25799, May 10,
2010 (proposed rule); 76 FR 78832, December 20,
2011 (final rule).
3 Propane: 79 FR 38811, July 9, 2014 (proposed
rule); 80 FR 19454, April 10, 2015 (final rule).
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and requirements for markings on
equipment using the refrigerants to
inform consumers and technicians of
potential flammability hazards. Without
appropriate use conditions, the
flammability risk posed by the
refrigerants could be higher than nonflammable refrigerants because
individuals may not be aware that their
actions could potentially cause a fire,
and because the refrigerants could be
used in existing equipment that has not
been designed specifically to minimize
flammability risks. Our assessment and
listing decisions (76 FR 78832;
December 20, 2011 and 80 FR 19454;
April 10, 2015) found that with the use
conditions, the overall risk of these
substitutes, including the risk due to
flammability, does not present
significantly greater risk in the end-use
than other substitutes that are currently
or potentially available for that same
end-use.
The use conditions required the
following:
1. New equipment only; not intended
for use as a retrofit alternative: ‘‘These
refrigerants may be used only in new
equipment designed specifically and
clearly identified for the refrigerant (i.e.,
none of these substitutes may be used as
a conversion or ‘retrofit’ 4 refrigerant for
existing equipment designed for a
different refrigerant);’’
2. UL standard: ‘‘These refrigerants
may be used only in a refrigerator or
freezer, or combination refrigerator and
freezer, that meets all requirements
listed in Supplement SA to the 10th
edition of the UL Standard for
Household Refrigerators and Freezers,
UL 250, dated August 25, 2000). In cases
where the final rule includes
requirements more stringent than those
of the 10th edition of UL Standard 250,
4 Sometimes conversion refrigerant substitutes are
inaccurately referred to as ‘‘drop in’’ replacements.
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the appliance must meet the
requirements of the final rule in place
of the requirements in the UL standard;’’
3. Charge size: ‘‘The charge size must
not exceed 57 grams (2.01 ounces) in
any refrigerator, freezer, or combination
refrigerator and freezer in each circuit;’’
4. Labeling: ‘‘As provided in clauses
SA6.1.1 and SA6.1.2 of UL Standard
250, 10th edition, the following
markings must be attached at the
locations provided and must be
permanent:
a. On or near any evaporators that can
be contacted by the consumer:
‘DANGER—Risk of Fire or Explosion.
Flammable Refrigerant Used. Do Not
Use Mechanical Devices To Defrost
Refrigerator. Do Not Puncture
Refrigerant Tubing.’
b. Near the machine compartment:
‘DANGER—Risk of Fire or Explosion.
Flammable Refrigerant Used. To Be
Repaired Only By Trained Service
Personnel. Do Not Puncture Refrigerant
Tubing.’
c. Near the machine compartment:
‘CAUTION—Risk of Fire or Explosion.
Flammable Refrigerant Used. Consult
Repair Manual/Owner’s Guide Before
Attempting To Service This Product. All
Safety Precautions Must be Followed.’
d. On the exterior of the refrigerator:
‘CAUTION—Risk of Fire or Explosion.
Dispose of Properly In Accordance With
Federal Or Local Regulations.
Flammable Refrigerant Used.’
e. Near any and all exposed
refrigerant tubing: ‘CAUTION—Risk of
Fire or Explosion Due To Puncture Of
Refrigerant Tubing; Follow Handling
Instructions Carefully. Flammable
Refrigerant Used.’
All of these markings must be in
letters no less than 6.4 mm (1⁄4 inch)
high.’’
5. Color-coded hoses and piping:
‘‘The refrigerator, freezer, or
combination refrigerator and freezer
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must have red Pantone Matching
System (PMS) #185 marked pipes,
hoses, or other devices through which
the refrigerant is serviced (typically
known as the service port), to indicate
the use of a flammable refrigerant. This
color must be present at all service ports
and where service puncturing or
otherwise creating an opening from the
refrigerant circuit to the atmosphere
might be expected (e.g., process tubes).
The color mark must extend at least 2.5
centimeters (1 inch) from the
compressor and must be replaced if
removed.’’
C. UL Standard 60335–2–24
In 2011, UL formed a Joint Task
Group (JTG) comprised of members of
its Standards Technical Panel (STP) to
develop recommendations for
addressing the use and safety of
refrigerants classified as A2, A2L, and
A3 in refrigeration and air conditioning
(AC) equipment. One of the outcomes is
the 2017 UL Standard 60335–2–24,
which is based on International
Electrotechnical Commission (IEC)
Standard 60335–2–24 ‘‘Household and
Similar Electrical Appliances—Safety—
Part 2–24: Particular Requirements for
Refrigerating Appliances, Ice-Cream
Appliances and Ice-Makers’’ (edition
7.1, May 2012). The 2017 UL Standard
60335–2–24 was developed in an open
and consensus-based approach, with the
assistance of experts in the refrigeration
and AC industry as well as experts
involved in assessing the safety of
products. The revision cycle, including
final recirculation, concluded on
February 6, 2017, and UL published the
standard on April 28, 2017. The 2017
UL Standard replaces the previously
published version of this same standard
as well as UL Standard 250 Supplement
SA, ‘‘Requirements for Refrigerators and
Freezers Employing a Flammable
Refrigerant in the Refrigerating System’’
(Edition 10, August 25, 2000).
The 2017 UL Standard 60335–2–24
limits the charge size for each separate
refrigerant circuit (i.e., compressor,
condenser, evaporator, and refrigerant
piping) to 150 grams (5.3 ounces).
Additionally, the 2017 standard requires
testing of refrigeration appliances
containing flammable refrigerants,
including leakage tests, temperature and
scratch tests, and heat testing
requirements to address the hazards due
to ignition of leaked refrigerant by
potential ignition sources associated
with the appliance (see sections 22.107–
22.110 and the relevant annexes of the
standard for specific testing
requirements). These tests are intended,
among other things, to ensure that any
leaks will result in concentrations well
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below the LFL, and that potential
ignition sources will not be able to
create temperatures high enough to start
a fire. Appliances that are in compliance
with the 2017 UL Standard 60335–2–24
have passed appropriate ignition or
leakage tests as stipulated in the
standard. Passing the leakage test
ensures that refrigerant concentrations
in the event of a leak do not reach or
exceed 75 percent of the LFL inside any
internal or external electrical
component compartments.
III. What is EPA finalizing in this
action?
As proposed, EPA is revising the use
conditions for propane, isobutane and
R-441 in the household refrigerators and
freezers end-use. We are finalizing the
use conditions for each substitute as
follows:
A. Use Conditions
EPA is replacing the reference to
Supplement SA to the 10th edition of
UL Standard 250 in use condition ‘‘2’’
with ‘‘UL Standard 60335–2–24, Safety
Requirements for Household and
Similar Electrical Appliances, Part 2:
Particular Requirements for
Refrigerating Appliances, Ice-Cream
Appliances and Ice-Makers (2nd
Edition, April 28, 2017).’’ In addition,
EPA is removing use conditions ‘‘3,’’
‘‘4,’’ and ‘‘5’’ because the conditions
specified in those use conditions are
specified in 2017 UL standard 60335–2–
24; the incorporation of 2017 UL
standard 60335–2–24 in condition 2
includes the requirements in previous
conditions 3, 4, and 5. The use
conditions provide the same level of
assurance that the three substitutes can
be used as safely as other available
alternatives. The revised use conditions
apply to new household refrigerators
and freezers manufactured after the
effective date of this regulation. The
new use conditions are as follows:
1. New equipment only; not intended
for use as a retrofit alternative: Propane,
isobutane, and R-441A may be used
only in new equipment designed
specifically and clearly identified for
the refrigerant (i.e., none of these
substitutes may be used as a conversion
or ‘‘retrofit’’ 5 refrigerant for existing
equipment designed for a different
refrigerant); and
2. UL standard: These refrigerants
may be used only in equipment that
meets all requirements in the 2017 UL
Standard 60335–2–24.
5 Sometimes conversion refrigerant substitutes are
inaccurately referred to as ‘‘drop in’’ replacements.
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B. Rationale for Changed Use
Conditions
1. Charge Size
EPA previously required a charge size
limit of 57 grams (2.01 ounces) for each
separate refrigerant circuit in a
refrigerator or freezer. The 2017 UL
Standard 60335–2–24 specifies that the
maximum charge size for each separate
refrigerant circuit in a refrigerator or
freezer must be no greater than 150
grams (5.29 ounces).
As discussed in the December 2017
direct final rule, EPA evaluated
reasonable worst-case and more typical,
yet conservative, scenarios to model the
effects of the sudden release of each
refrigerant from a household refrigerator
or freezer containing the maximum
charge size of 150 grams (5.29 ounces).
This was done to determine whether the
refrigerants would present flammability
or toxicity concerns for consumers or
workers, including those servicing or
disposing of appliances. To represent a
reasonable worst-case scenario, it was
assumed that a catastrophic leak of each
refrigerant would occur while the
refrigerator or freezer unit is in a
residential kitchen with a height of
approximately 2.4 meters (i.e., a
standard 8-foot ceiling) and a minimum
effective volume of 18 m3 (640 ft3) or an
effective volume of 53 m3 (1,870 ft3)
(i.e., excluding the space filled by
cabinets, other kitchen equipment)
(Murray 1997; NKBA 2016). The
minimum kitchen volume of 18 m3 (640
ft3) does not consider residential
kitchen spaces that are often connected
to breakfast nooks or other rooms (e.g.,
living room, dining room) through open
pathways or swinging doors, which
would also increase the effective
volume of the space into which a
refrigerant would be released, thereby
reducing the likelihood that the
instantaneous concentration of the
refrigerants would exceed the LFL.
Conversely, the larger kitchen volume
used in the analysis (i.e., 53 m3)
considers air-mixing that is likely to
occur within the spaces that are
adjacent to the kitchen (Murray 1997;
NKBA 2016). The minimum effective
kitchen volume modeled in this analysis
is conservative, as it is approximately
half the size of the average kitchen in a
new single-family home in the United
States (i.e., 36 m3) (NKBA 2016). The
larger kitchen volume of 53 m3 includes
adjacent areas to the kitchen, such as a
breakfast nook, and is more conservative
than the average estimated volume of a
kitchen with a breakfast nook in a U.S.
household (i.e., 65 m3) (NKBA 2016).
EPA’s analysis for each of the
refrigerants revealed that even if the
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unit’s full charge were emitted within
one minute, the concentration would
not reach the LFL for that refrigerant in
the less conservative 53 m3 (1,870 ft3)
kitchen, showing a lack of flammability
risk. The threshold analyses
demonstrated that a flammability
concern could exist in the minimum
modeled kitchen volume (i.e., 18 m3
(640 ft3)) if the charge size of the
household refrigerator or freezer
exceeded 120 grams, which is slightly
smaller than the maximum modeled
charge size (i.e., 150 grams). However,
the estimated exposures were derived
using conservative assumptions (e.g.,
small room size, no ventilation). A 150gram household refrigeration unit
would have to be installed in a kitchen
at least 2.3 times smaller than the less
conservative kitchen size modeled, in
the worst-case conditions at end-use, for
flammability to be of concern. As a
result, EPA determined that a release of
a 150-gram unit does not present a
significant flammability risk in the
reasonable worst-case scenario for the
three refrigerants in household
refrigerators and freezers.
Concerning toxicity of the
refrigerants, our risk screens found that
the 30-minute acute exposure guideline
level (AEGL) (i.e., 6,900 ppm) is
exceeded only in the worst-case
scenario for the minimum kitchen
volume (i.e., 18 m3). Based upon our
analysis, the minimum room sizes in
which installed equipment could cause
a toxicity concern would have to be
approximately 0.8 times smaller than
the larger modeled room size of 53 m3
(1,870 ft3), which is a conservative
kitchen volume in the United States
(Murray 1997; NKBA 2016). Thus, we
have determined that isobutane,
propane, and R–441A do not pose
significantly greater flammability and
toxicity risks than other acceptable
refrigerants in the household
refrigerators and freezers end-use. The
higher charge size included in the
revised use condition will provide
greater flexibility to appliance
manufacturers in the design of
equipment while also ensuring that
such equipment will not pose greater
risk than similar equipment using other
acceptable alternatives. For more
information about EPA’s risk
assessments, see the docket for this
rulemaking (EPA–HQ–OAR–2017–
0472).
EPA is not retaining a separate charge
size limit as a use condition because it
would be redundant of the updated UL
standard. Therefore, we are replacing
the use condition in ‘‘3’’ with the 2017
UL Standard 60335–2–24.
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2. Color-Coded Hoses and Piping, and
Labeling
The 2017 UL Standard 60335–2–24
includes requirements for red PMS #185
marked pipes, hoses, and other devices
through which the refrigerant passes,
and requirements for markings in letters
no less than 6.4 mm (1⁄4 inch) high to
inform consumers and technicians of
potential flammability hazards are
addressed in (see sections 7.1 and
22.106 of the standard for additional
information on the required marking
and warning labels). Retaining the use
conditions in ‘‘4’’ and ‘‘5’’ in EPA’s
previous hydrocarbon refrigerants rules
would be redundant of the updated
standard. Therefore, we are replacing
the use conditions in ‘‘4’’ and ‘‘5’’ with
the 2017 UL Standard 60335–2–24.
C. Incorporation by Reference
Through this action EPA is
incorporating by reference the 2017 UL
Standard 60335–2–24, which
establishes requirements for the
evaluation of household and similar
electrical appliances, and safe use of
flammable refrigerants. The standard is
discussed in greater detail elsewhere in
this preamble. This approach is the
same as that used to incorporate
Supplement SA to the 10th edition of
UL Standard 250 in our previous rules
on flammable refrigerants (76 FR 78832,
December 20, 2011; 80 FR 19454, April
10, 2015).
The 2017 UL Standard 60335–2–24 is
available for purchase by mail at:
COMM 2000, 151 Eastern Avenue,
Bensenville, IL 60106; Email: orders@
shopulstandards.com; Telephone: 1–
888–853–3503 in the U.S. or Canada
(other countries dial 1–415–352–2178);
internet address: https://www.shopul
standards.com/ProductDetail.
aspx?productId=UL60335-2-24_2_B_
20170428(ULStandards2). The cost of
the 2017 UL Standard 60335–2–24 is
$454 for an electronic copy and $567 for
hardcopy. UL also offers a subscription
service to the Standards Certification
Customer Library (SCCL) that allows
unlimited access to their standards and
related documents. The cost of
obtaining this standard is not a
significant financial burden for
equipment manufacturers and purchase
is not required for those selling,
installing, and servicing the equipment.
Therefore, EPA concludes that the UL
standard being incorporated by
reference is reasonably available.
D. Equipment Manufactured Prior to
Effective Date of This Rule
The use conditions in this action
apply to new household refrigerators
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38973
and freezers manufactured after the
effective date of this regulation. This
final rule does not apply to or affect
equipment manufactured before the
effective date of this action and
manufactured in compliance with the
SNAP requirements applicable at the
time of manufacture.
IV. Response to Comments
EPA received 17 comments on the
December 11, 2017, notice of proposed
rulemaking. Below EPA is responding to
six of those comments, which were
either relevant to this rulemaking or
raised issues that were addressed in
related rulemakings. The other eleven
comments raised issues that are outside
the scope of this rulemaking or are not
relevant to any related rulemaking, so
EPA is not providing a specific response
to those comments.
A. Compliance With the 2017 UL
Standard 60335–2–24
Comment: Three commenters
expressed support for the proposed
changes to the use conditions to reflect
the 2017 UL Standard 60335–2–24. The
commenters noted that the revised use
conditions would not place any
significant burden on the regulated
community, would ensure consistency
with consensus-based standards, and
would encourage manufacturers of
home refrigeration appliances and
suppliers of refrigerants to transition to
more environmentally friendly
refrigerants.
Response: EPA acknowledges the
support and is finalizing the revised use
conditions for use of isobutane,
propane, and R-441A in household
refrigerators and freezers as proposed.
B. Flammability
Comment: Three commenters raised
concerns about flammability risks and
firefighter safety in homes and other
buildings due to the 150-gram
maximum allowable charge size. The
commenters asserted that there would
be negative impacts and implications
related to the higher charge size,
particularly for propane, and
encouraged EPA to consult with
firefighter organizations, such as the
National Volunteer Fire Council or the
Fire Department Safety Officers of
America.
Response: EPA recognizes that
flammability is an important
consideration with regard to the 150gram charge size. As discussed above in
section III.2.a, EPA evaluated
flammability and toxicity risks for
isobutane, propane, and R-441A at the
maximum charge size as provided in the
risk screens included in the docket for
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this rulemaking (Docket ID EPA–HQ–
OAR–2017–0472–0006, –0007, and
–0008). EPA evaluated toxicity risk by
considering exposure to workers
(including those servicing or disposing
of appliances), consumers, and the
general public. EPA evaluated
flammability risk by evaluating
reasonable worst-case and more typical,
yet conservative, scenarios to model the
effects of the sudden release of each
refrigerant from a household refrigerator
or freezer containing the maximum
charge. Our risk screens found that
equipment that met the 150-gram charge
limit did not exceed the LFL for each of
the three refrigerants in household
refrigerators and freezers in a
conservatively sized 53 m3 (1,870 ft3)
kitchen (see section III.B.1 above for the
minimum and average kitchen zone
volumes). The commenters did not
provide any technical support for their
statements or information
demonstrating that use of any of the
three refrigerants in household
refrigerators and freezers at a charge of
150 grams (5.3 ounces) would pose
significantly greater risk than other
available alternatives in this end-use.
We note that the use conditions
required by this final rule include
specific safety testing requirements in
the 2017 UL Standard 60335–2–24,
which are intended, among other things,
to ensure that any leaks will result in
concentrations well below the LFL, and
that potential ignition sources will not
be able to create temperatures high
enough to start a fire. The use
conditions also provide additional
safety measures and labeling
requirements (e.g., visible warning
statement and red coloring on the pipes,
hoses, and devices which contain
refrigerant) that make equipment
owners, consumers, fire marshals, and
emergency first responders aware of the
presence of a flammability risk.
Moreover, EPA is aware of the
longstanding widespread use on a global
basis of household refrigerators and
freezers using this charge limit. EPA
agrees that greater awareness of the
presence, risks, and benefits of
flammable refrigerants among fire
marshals and first responders would be
beneficial.
C. Recovery and Recycling Equipment
Comment: One commenter voiced
concerns that isobutane, propane, and
R-441A were exempted from the venting
prohibition because machines for the
recovery of flammable refrigerants are
not currently available in the United
States. The commenter stated that
hydrocarbon refrigerants are odorless,
require a procedure for proper handling
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and storing, and ‘‘undermine our whole
premise of not knowingly venting an
ODS refrigerant or its alternate.’’ In
contrast, two commenters provided
supporting information regarding the
safe servicing of household appliances
with flammable refrigerants and the
availability of equipment and
technologies to safely recover and
reclaim flammable refrigerants.
Response: These comments are
outside the scope of this rulemaking.
EPA did not propose and is not today
finalizing any changes to its previous
determinations that venting, releasing,
or disposing of these refrigerants used in
this end-use does not pose a threat to
the environment under CAA section
608(c)(2). EPA made these
determinations under section 608(c)(2)
in final rules issued in 2014 and 2015
(79 FR 29682, May 23, 2014; 80 FR
19454, April 10, 2015) and did not
reopen those determinations in this
rulemaking. EPA directs the
commenters to those rules for additional
information. EPA appreciates the
information provided by commenters
with regard to the availability of
recovery and recycling equipment.
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Executive Order 13771: Reducing
Regulation and Controlling Regulatory
Costs
This action is not an Executive Order
13771 regulatory action because this
action is not significant under Executive
Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA. OMB has previously approved the
information collection requirements
contained in the existing regulations
and has assigned OMB control number
2060–0226. This rule contains no new
requirements for reporting or
recordkeeping.
D. Regulatory Flexibility Act
I certify that this action will not have
a significant economic impact on a
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substantial number of small entities
under the RFA. In making this
determination, the impact of concern is
any significant adverse economic
impact on small entities. An agency may
certify that a rule will not have a
significant economic impact on a
substantial number of small entities if
the rule relieves regulatory burden, has
no net burden or otherwise has a
positive economic effect on the small
entities subject to the rule.
The use conditions of this rule apply
to manufacturers of new household
refrigerators and freezers that choose to
use flammable refrigerants. Today’s
action allows equipment manufacturers
to use flammable refrigerants at a higher
charge size than previously allowed in
new household refrigerators and
freezers but does not mandate such use;
the change to the use conditions allows
more flexibility for manufacturers in the
design of equipment and thus reduces
the regulatory burden to the regulated
community. In some cases, it may
reduce costs by allowing manufacturers
to design equipment with a single,
larger refrigerant circuit instead of
multiple, smaller refrigerant circuits for
the same piece of equipment.
E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
F. 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.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. It will not have substantial
direct effects on tribal governments, on
the relationship between the Federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this action.
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H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
Executive Order 12866, and because
EPA does not believe the environmental
health or safety risks addressed by this
action present a disproportionate risk to
children. This action’s health and risk
assessments are contained in risk
screens for the various substitutes.6 7 8
The risk screens are available in the
docket for this rulemaking.
I. Executive Order 13211: Actions
Concerning Regulations 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.
J. National Technology Transfer and
Advancement Act (NTTAA) and 1 CFR
Part 51
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This action involves a technical
standard. EPA is revising the use
conditions for the household
refrigerators and freezers end-use by
incorporating by reference UL Standard
60335–2–24, ‘‘Safety Requirements for
Household and Similar Electrical
Appliances, Part 2: Particular
Requirements for Refrigerating
Appliances, Ice-Cream Appliances and
Ice-Makers’’ (2nd edition, April 2017),
which establishes requirements for the
evaluation of household and similar
electrical appliances, and safe use of
flammable refrigerants. The 2017 UL
Standard 60335–2–24 supersedes the
current edition of Supplement SA the
10th edition of UL Standard 250,
‘‘Requirements for Refrigerators and
Freezers Employing a Flammable
Refrigerant in the Refrigerating System’’
(August 2000). EPA’s revision to the use
conditions will replace Supplement SA
to the 10th edition of UL Standard 250
with the 2017 UL standard 60335–2–24.
This standard is available at https://
standardscatalog.ul.com/standards/en/
standard_60335-2-24_2, and may be
purchased by mail at: COMM 2000, 151
Eastern Avenue, Bensenville, IL 60106;
Email: orders@shopulstandards.com;
6 ICF, 2018a. Risk Screen on Substitutes in
Household Refrigerators and Freezers; Substitute:
Propane (R-290).
7 ICF, 2018b. Risk Screen on Substitutes in
Household Refrigerators and Freezers; Substitute:
Isobutane (R-600a).
8 ICF, 2018c. Risk Screen on Substitutes in
Household Refrigerators and Freezers; Substitute:
R-441A.
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Telephone: 1–888–853–3503 in the U.S.
or Canada (other countries dial 1–415–
352–2178); internet address: https://
www.shopulstandards.com/
ProductDetail.aspx?productId=
UL60335-2-24_2_B_20170428(UL
Standards2). The cost of UL 60335–2–
24 is $454 for an electronic copy and
$567 for hardcopy. UL also offers a
subscription service to the Standards
Certification Customer Library (SCCL)
that allows unlimited access to their
standards and related documents. The
cost of obtaining this standard is not a
significant financial burden for
equipment manufacturers and purchase
is not required for those selling,
installing and servicing the equipment.
Therefore, EPA concludes that the UL
standard being incorporated by
reference is reasonably available.
onlinelibrary.wiley.com/doi/10.1111/
j.1539-6924.1997.tb00884.x/full.
National Kitchen and Bath Association
(NKBA), 2016. Size of Kitchens in New
U.S. Single Family Homes. August 2016.
Available online at: https://
nkba.myshopify.com/collections/
research/products/size-of-kitchens-innew-u-s-single-family-homes.
UL 250. Household Refrigerators and
Freezers. 10th edition. Supplement SA:
Requirements for Refrigerators and
Freezers Employing a Flammable
Refrigerant in the Refrigerating System.
August 2000.
UL 60335–2–24. Safety Requirements for
Household and Similar Electrical
Appliances, Part 2: Particular
Requirements for Refrigerating
Appliances, Ice-Cream Appliances and
Ice-Makers. 2nd edition. April 2017.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Recycling, Reporting and
recordkeeping requirements,
Stratospheric ozone layer.
The human health or environmental
risk addressed by this action will not
have potential disproportionately high
and adverse human health or
environmental effects on minority, lowincome or indigenous populations. This
action’s health and environmental risk
assessments are contained in the risk
screens for the various substitutes. The
risk screens are available in the docket
for this rulemaking.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and
EPA will submit a rule report to each
House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
VI. References
Unless specified otherwise, all
documents are available electronically
through the Federal Docket Management
System, Docket #EPA–HQ–OAR–2017–
0472.
ASHRAE, 2016. ANSI/ASHRAE Standard
34–2016: Designation and Safety
Classification of Refrigerants.
ICF, 2018a. Risk Screen on Substitutes in
Household Refrigerators and Freezers;
Substitute: Propane (R-290).
ICF, 2018b. Risk Screen on Substitutes in
Household Refrigerators and Freezers;
Substitute: Isobutane (R-600a).
ICF, 2018c. Risk Screen on Substitutes in
Household Refrigerators and Freezers;
Substitute: R-441A.
Murray, D.M., 1997. Residential house and
zone volumes in the United States:
Empirical and Estimated Parametric
Distributions. Risk Anal 17: 439–446.
Available online at: https://
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List of Subjects in 40 CFR Part 82
Dated: July 30, 2018.
Andrew R. Wheeler,
Acting Administrator.
For the reasons set out in the
preamble, 40 CFR part 82 is amended 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.
Subpart G—Significant New
Alternatives Policy Program
2. Amend Appendix R to subpart G of
part 82 by:
■
■
a. Revising the appendix heading.
b. Removing the two entries for
‘‘Household refrigerators, freezers, and
combination refrigerators and freezers
(New equipment only)’’ and adding a
new entry in their place; and
■
■
c. Revising the NOTE to Appendix R.
The revisions and additions to read as
follows:
Appendix R to Subpart G of Part 82—
Substitutes Subject to Use Restrictions
Listed in the December 20, 2011, Final
Rule, Effective February 21, 2012, in the
April 10, 2015 Final Rule, Effective
May 11, 2015, and in the August 8, 2018
Final Rule, Effective September 7, 2018
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SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS
End-use
Substitute
Household refrigerators,
freezers,
and combination refrigerators
and freezers
(New equipment only).
Isobutane (R600a).
Propane (R290).
R-441A .........
Decision
Acceptable
subject to
use conditions.
*
Use conditions
Further information
As of September 7, 2018: ................................................
These refrigerants may be used only in new equipment
designed specifically and clearly identified for the refrigerant (i.e., none of these substitutes may be used
as a conversion or ‘‘retrofit’’ refrigerant for existing
equipment designed for a different refrigerant).
These refrigerants may be used only in a refrigerator or
freezer, or combination refrigerator and freezer, that
meets all requirements listed in the 2nd edition of the
Underwriters Laboratories (UL) Standard for Safety:
Household and Similar Electrical Appliances—Safety—Part 2–24: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and IceMakers, UL 60335–2–24, dated April 28, 2017.
Applicable OSHA requirements at 29 CFR part 1910
must be followed, including those at 29 CFR 1910.106
(flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases),
1910.157 (portable fire extinguishers), and 1910.1000
(toxic and hazardous substances).
Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing hydrocarbon refrigerants through adherence to
good manufacturing practices as per 29 CFR
1910.106. If refrigerant levels in the air surrounding
the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated and reentry should occur only after the space has been
properly ventilated.
Technicians and equipment manufacturers should wear
appropriate personal protective equipment, including
chemical goggles and protective gloves, when handling these refrigerants. Special care should be taken
to avoid contact with the skin since these refrigerants,
like many refrigerants, can cause freeze burns on the
skin.
A Class B dry powder type fire extinguisher should be
kept nearby.
Technicians should only use spark-proof tools when
working on refrigerators and freezers with these refrigerants.
Any recovery equipment used should be designed for
flammable refrigerants.
Any refrigerant releases should be in a well-ventilated
area, such as outside of a building.
Only technicians specifically trained in handling flammable refrigerants should service refrigerators and
freezers containing these refrigerants. Technicians
should gain an understanding of minimizing the risk of
fire and the steps to use flammable refrigerants safely.
*
*
*
*
*
*
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Note: The use conditions in this appendix contain references to certain standards from Underwriters Laboratories Inc. (UL). The standards are incorporated by reference, and the referenced sections are made part of the regulations in part 82:
1. UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant
in the Refrigerating System. Underwriters Laboratories, Inc. November 24, 2010.
2. UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a Flammable Refrigerant in the Refrigerating
System and Appendices B through F. December 21, 2007, with changes through August 3, 2012.
3. UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders Employing a Flammable Refrigerant in the Refrigerating System. December 30, 2011.
4. UL Standard 60335–2–24. Standard for Safety: Requirements for Household and Similar Electrical Appliances,—Safety—Part 2–24: Particular Requirements for
Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers, Second edition, dated April 28, 2017.
The Director of the Federal Register
approves the incorporation by reference of
the material under ‘‘Use Conditions’’ in the
table ‘‘SUBSTITUTES THAT ARE
ACCEPTABLE SUBJECT TO USE
CONDITIONS’’ (5 U.S.C. 552(a) and 1 CFR
part 51). Copies of UL Standards 471, 484,
541, and 60335–2–24, may be purchased by
mail at: COMM 2000, 151 Eastern Avenue,
Bensenville, IL 60106; Email: orders@
shopulstandards.com; Telephone: 1–888–
853–3503 in the U.S. or Canada (other
countries dial 1–415–352–2178); internet
address: https://www.shopulstandards.com/
Catalog.aspx.
You may inspect a copy at U.S. EPA’s Air
Docket; EPA West Building, Room 3334;
1301 Constitution Ave. NW, Washington, DC
or at the National Archives and Records
Administration (NARA). For questions
regarding access to these standards, the
telephone number of EPA’S Air Docket is
202–566–1742. For information on the
availability of this material at NARA, call
202–741–6030, or go to: https://
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www.archives.gov/federal-register/cfr/ibrlocations.html.
*
*
*
*
*
[FR Doc. 2018–16773 Filed 8–7–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2017–0352; FRL–9978–83]
Spinetoram; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of spinetoram in
or on tea, dried and tea, instant. Dow
AgroSciences, LLC., requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
SUMMARY:
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This regulation is effective
August 8, 2018. Objections and requests
for hearings must be received on or
before October 9, 2018, and must be
filed in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2017–0352, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
DATES:
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Agencies
[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Rules and Regulations]
[Pages 38969-38976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16773]
[[Page 38969]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2017-0472; FRL-9981-89-OAR]
RIN 2060-AT53
Protection of Stratospheric Ozone: Revision to References for
Refrigeration and Air Conditioning Sector To Incorporate Latest Edition
of Certain Industry, Consensus-Based Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On December 11, 2017, the U.S. Environmental Protection Agency
(EPA) published a direct final rule and an accompanying notice of
proposed rulemaking entitled ``Protection of Stratospheric Ozone:
Revision to References for Refrigeration and Air Conditioning Sector To
Incorporate Latest Edition of Certain Industry, Consensus-based
Standards.'' EPA proposed to modify the use conditions required for use
of three flammable refrigerants--isobutane (R-600a), propane (R-290),
and R-441A--in new household refrigerators, freezers, and combination
refrigerators and freezers under the Significant New Alternatives
Policy (SNAP) program to reflect an updated standard from Underwriters
Laboratories. Because EPA received adverse comment, EPA withdrew the
direct final rule through a separate notice. In this action, EPA is
addressing relevant comments and finalizing the proposed use conditions
with no changes.
DATES: This rule is effective on September 7, 2018. The incorporation
by reference of certain publications listed in the rule is approved by
the Director of the Federal Register as of September 7, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2017-0472. All documents in the docket are listed on the
https://www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available
electronically through https://www.regulations.gov or in hard copy at
the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Avenue NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air and Radiation Docket is
(202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Chenise Farquharson, Stratospheric
Protection Division, Office of Atmospheric Programs (Mail Code 6205T),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number: 202-564-7768; email address:
[email protected]. Notices and rulemakings under EPA's SNAP
program are available on EPA's Stratospheric Ozone website at https://www.epa.gov/snap/snap-regulations.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. What action is EPA taking?
B. Does this action apply to me?
II. Background
A. What is the affected end-use?
B. Use Conditions
C. 2017 UL Standard 60335-2-24
III. What is EPA finalizing in this action?
A. Use Conditions
B. Rationale for Changed Use Conditions
C. Incorporation by Reference
D. Equipment Manufactured Prior to Effective Date of This Rule
IV. Response to Comments
A. Compliance With 2017 UL Standard 60335-2-24
B. Flammability
C. Venting Prohibition
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs
C. Paperwork Reduction Act
D. Regulatory Flexibility Act
E. Unfunded Mandates Reform Act
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA) and
1 CFR part 51
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
L. Congressional Review Act
VI. References
I. General Information
A. What action is EPA taking?
On December 11, 2017, EPA published a direct final rule (82 FR
58122) to modify the use conditions for three flammable hydrocarbon
refrigerants--isobutane (R-600a), propane (R-290), and R-441A--used in
new household refrigerators, freezers, and combination refrigerators
and freezers (hereafter ``household refrigerators and freezers'') by
replacing four of the five use conditions in previous hydrocarbon
refrigerants rules under EPA's Significant New Alternatives Policy
(SNAP) program (76 FR 78832, December 20, 2011; 80 FR 19454, April 10,
2015) with the revised Underwriters Laboratories (UL) Standard 60335-2-
24, ``Household and Similar Electrical Appliances--Safety--Part 2-24:
Particular Requirements for Refrigerating Appliances, Ice-Cream
Appliances and Ice-Makers'' (2nd edition, April 28, 2017). We stated in
that direct final rule that if we received adverse comment by January
25, 2018, we would publish a timely withdrawal in the Federal Register
so that the direct final rule would not take effect. EPA received
adverse comment on the direct final rule and published a separate
notice withdrawing the direct final rule on March 7, 2018 (83 FR 9703).
EPA also published a Notice of Proposed Rulemaking on December 11,
2017 accompanying the direct final rule, entitled ``Protection of
Stratospheric Ozone: Revision to References for Refrigeration and Air
Conditioning Sector To Incorporate Latest Edition of Certain Industry,
Consensus-based Standards'' (82 FR 58154). That notice proposed to make
the same changes to the relevant listing decisions as in the direct
final rule. This action addresses the comments received and finalizes
the revisions to the relevant listing decisions, as proposed.
B. Does this action apply to me?
This action regulates the use of three flammable hydrocarbon
refrigerants--isobutane, propane, and the hydrocarbon blend R-441A--in
new household refrigerators and freezers. Table 1 identifies entities
potentially affected by this action. Regulated entities may include:
[[Page 38970]]
Table 1--Potentially Regulated Entities by North American Industrial Classification System (NAICS) Code
----------------------------------------------------------------------------------------------------------------
Category NAICS code Description of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry............................ 333415 Manufacturers of Refrigerators, Freezers, and Other
Refrigerating or Freezing Equipment, Electric or Other
(NESOI); Heat Pumps Not Elsewhere Specified or Included;
and Parts Thereof.
Industry............................ 335222 Household Refrigerator and Home Freezer Manufacturing.
Industry............................ 811412 Appliance Repair and Maintenance.
----------------------------------------------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is currently
aware could potentially be regulated by this action. Other types of
entities not listed in the table could also be regulated. To determine
whether your entity is regulated by this action, you should carefully
examine the applicability criteria found in 40 CFR part 82. 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.
II. Background
A. What is the affected end-use?
Household refrigerators and freezers are intended primarily for
residential use, although they may be used outside the home (e.g.,
workplace kitchen pantries). The designs and refrigeration capacities
of equipment vary widely. This equipment is composed of three main
categories: Household freezers only offer storage space at freezing
temperatures, household refrigerators only offer storage space at non-
freezing temperatures, and products with both a refrigerator and
freezer in a single unit are referred to as combination refrigerators
and freezers. The combination products are the most common. Certain
small refrigerated household appliances (e.g., chilled kitchen drawers,
wine coolers, and mini-fridges) are also within this end-use. Household
refrigerators and freezers have all refrigeration components
integrated, and for the smallest types, the refrigeration circuit is
entirely brazed or welded. These systems are charged with refrigerant
at the factory and typically require only an electricity supply to
begin operation.
The 2014 American Society of Heating, Refrigerating, and Air-
Conditioning Engineers (ASHRAE) Handbook of Refrigeration provides an
overview of food preservation in regard to household refrigerators and
freezers. Generally, a storage temperature between 32 and 39 [deg]F (0
to 3.9 [deg]C) is desirable for preserving fresh food. Humidity and
higher or lower temperatures are more suitable for certain foods and
beverages. Wine chillers, for example, are frequently used for storing
wine, and have slightly higher optimal temperatures from 45 to 65
[deg]F (7.2 to 18.3 [deg]C). In single-door refrigerators, the optimum
conditions for food preservation are also slightly higher since food
storage is not intended for long-term storage. Freezers and combination
refrigerators and freezers that are designed to store food for long
durations are generally designed to hold temperatures near 0 to 5
[deg]F (-17.7 to -15 [deg]C).
Refrigerant Flammability
American National Standards Institute (ANSI)/ASHRAE Standard 34--
2016 assigns a safety group classification for each refrigerant which
consists of two alphanumeric characters (e.g., A2 or B1). The capital
letter indicates the toxicity and the numeral denotes the flammability.
ASHRAE classifies Class A refrigerants as refrigerants for which
toxicity has not been identified at concentrations less than or equal
to 400 parts per million (ppm) by volume, based on data used to
determine threshold limit values (TLV)-time weighted average (TWA) or
consistent indices. Class B signifies refrigerants for which there is
evidence of toxicity at concentrations below 400 ppm by volume, based
on data used to determine TLV-TWA or consistent indices.
The refrigerants are also assigned a flammability classification of
1, 2, or 3. Tests are conducted in accordance with American Society for
Testing and Materials (ASTM) E681 using a spark ignition source at 60
[deg]C and 101.3 kPa.\1\ The flammability classification ``1'' is given
to refrigerants that, when tested, show no flame propagation. The
flammability classification ``2'' is given to refrigerants that, when
tested, exhibit flame propagation, have a heat of combustion less than
19,000 kJ/kg (8,174 British thermal units (BTU)/lb), and have a lower
flammability limit (LFL) greater than 0.10 kg/m\3\. Refrigerants within
flammability classification ``2'' may optionally be designated in the
subclass ``2L'' if they have a maximum burning velocity of 10 cm/s or
lower when tested at 23.0 [deg]C and 101.3 kPa. The flammability
classification ``3'' is given to refrigerants that, when tested,
exhibit flame propagation and that either have a heat of combustion of
19,000 kJ/kg (8,174 BTU/lb) or greater or an LFL of 0.10 kg/m\3\ or
lower. Thus, refrigerants with flammability classification ``3'' are
highly flammable while those with flammability classification ``2'' are
less flammable and those with flammability classification ``2L'' are
mildly flammable.
---------------------------------------------------------------------------
\1\ ASHRAE, 2016. ANSI/ASHRAE Standard 34--2016: Designation and
Safety Classification of Refrigerants.
---------------------------------------------------------------------------
For both toxicity and flammability classifications, refrigerant
blends are designated based on the worst-case estimate of fractionation
determined for the blend. Figure 1 illustrates these safety group
classifications.
[[Page 38971]]
[GRAPHIC] [TIFF OMITTED] TR08AU18.005
B. Use Conditions
EPA previously found isobutane, propane, and R-441A acceptable,
subject to use conditions, in new household refrigerators and freezers
(76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 2015). In the
proposed and final rules, EPA provided information on the environmental
and health properties of the three refrigerants and the various other
substitutes available for use in household refrigerators and freezers.
EPA's risk screens for the three refrigerants are available in the
docket for these rulemakings (EPA-HQ-OAR-2009-0286 and EPA-HQ-OAR-2013-
0748).2 3
---------------------------------------------------------------------------
\2\ Isobutane and R-441A: 75 FR 25799, May 10, 2010 (proposed
rule); 76 FR 78832, December 20, 2011 (final rule).
\3\ Propane: 79 FR 38811, July 9, 2014 (proposed rule); 80 FR
19454, April 10, 2015 (final rule).
---------------------------------------------------------------------------
Isobutane, propane, and R-441A have an ASHRAE classification of A3,
indicating that they have low toxicity and high flammability. The
flammability risks are of concern because household refrigerators and
freezers have traditionally used refrigerants that are not flammable.
In the presence of an ignition source (e.g., static electricity, a
spark resulting from a closing door, or a cigarette), an explosion or a
fire could occur if the concentration of isobutane, propane, and R-441A
were to exceed the LFL of 18,000 ppm, 21,000 ppm, and 20,500 ppm,
respectively.
To address the flammability risk, which is not posed by other
available refrigerants in this end-use, EPA listed the refrigerants as
acceptable, subject to use conditions, in new household refrigerators
and freezers. The use conditions ensure minimization of flammability
risk by incorporating by reference Supplement SA to the 10th edition of
UL Standard 250, and by including refrigerant charge size limits and
requirements for markings on equipment using the refrigerants to inform
consumers and technicians of potential flammability hazards. Without
appropriate use conditions, the flammability risk posed by the
refrigerants could be higher than non-flammable refrigerants because
individuals may not be aware that their actions could potentially cause
a fire, and because the refrigerants could be used in existing
equipment that has not been designed specifically to minimize
flammability risks. Our assessment and listing decisions (76 FR 78832;
December 20, 2011 and 80 FR 19454; April 10, 2015) found that with the
use conditions, the overall risk of these substitutes, including the
risk due to flammability, does not present significantly greater risk
in the end-use than other substitutes that are currently or potentially
available for that same end-use.
The use conditions required the following:
1. New equipment only; not intended for use as a retrofit
alternative: ``These refrigerants may be used only in new equipment
designed specifically and clearly identified for the refrigerant (i.e.,
none of these substitutes may be used as a conversion or `retrofit' \4\
refrigerant for existing equipment designed for a different
refrigerant);''
---------------------------------------------------------------------------
\4\ Sometimes conversion refrigerant substitutes are
inaccurately referred to as ``drop in'' replacements.
---------------------------------------------------------------------------
2. UL standard: ``These refrigerants may be used only in a
refrigerator or freezer, or combination refrigerator and freezer, that
meets all requirements listed in Supplement SA to the 10th edition of
the UL Standard for Household Refrigerators and Freezers, UL 250, dated
August 25, 2000). In cases where the final rule includes requirements
more stringent than those of the 10th edition of UL Standard 250, the
appliance must meet the requirements of the final rule in place of the
requirements in the UL standard;''
3. Charge size: ``The charge size must not exceed 57 grams (2.01
ounces) in any refrigerator, freezer, or combination refrigerator and
freezer in each circuit;''
4. Labeling: ``As provided in clauses SA6.1.1 and SA6.1.2 of UL
Standard 250, 10th edition, the following markings must be attached at
the locations provided and must be permanent:
a. On or near any evaporators that can be contacted by the
consumer: `DANGER--Risk of Fire or Explosion. Flammable Refrigerant
Used. Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not
Puncture Refrigerant Tubing.'
b. Near the machine compartment: `DANGER--Risk of Fire or
Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained
Service Personnel. Do Not Puncture Refrigerant Tubing.'
c. Near the machine compartment: `CAUTION--Risk of Fire or
Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner's
Guide Before Attempting To Service This Product. All Safety Precautions
Must be Followed.'
d. On the exterior of the refrigerator: `CAUTION--Risk of Fire or
Explosion. Dispose of Properly In Accordance With Federal Or Local
Regulations. Flammable Refrigerant Used.'
e. Near any and all exposed refrigerant tubing: `CAUTION--Risk of
Fire or Explosion Due To Puncture Of Refrigerant Tubing; Follow
Handling Instructions Carefully. Flammable Refrigerant Used.'
All of these markings must be in letters no less than 6.4 mm (\1/4\
inch) high.''
5. Color-coded hoses and piping: ``The refrigerator, freezer, or
combination refrigerator and freezer
[[Page 38972]]
must have red Pantone Matching System (PMS) #185 marked pipes, hoses,
or other devices through which the refrigerant is serviced (typically
known as the service port), to indicate the use of a flammable
refrigerant. This color must be present at all service ports and where
service puncturing or otherwise creating an opening from the
refrigerant circuit to the atmosphere might be expected (e.g., process
tubes). The color mark must extend at least 2.5 centimeters (1 inch)
from the compressor and must be replaced if removed.''
C. UL Standard 60335-2-24
In 2011, UL formed a Joint Task Group (JTG) comprised of members of
its Standards Technical Panel (STP) to develop recommendations for
addressing the use and safety of refrigerants classified as A2, A2L,
and A3 in refrigeration and air conditioning (AC) equipment. One of the
outcomes is the 2017 UL Standard 60335-2-24, which is based on
International Electrotechnical Commission (IEC) Standard 60335-2-24
``Household and Similar Electrical Appliances--Safety--Part 2-24:
Particular Requirements for Refrigerating Appliances, Ice-Cream
Appliances and Ice-Makers'' (edition 7.1, May 2012). The 2017 UL
Standard 60335-2-24 was developed in an open and consensus-based
approach, with the assistance of experts in the refrigeration and AC
industry as well as experts involved in assessing the safety of
products. The revision cycle, including final recirculation, concluded
on February 6, 2017, and UL published the standard on April 28, 2017.
The 2017 UL Standard replaces the previously published version of this
same standard as well as UL Standard 250 Supplement SA, ``Requirements
for Refrigerators and Freezers Employing a Flammable Refrigerant in the
Refrigerating System'' (Edition 10, August 25, 2000).
The 2017 UL Standard 60335-2-24 limits the charge size for each
separate refrigerant circuit (i.e., compressor, condenser, evaporator,
and refrigerant piping) to 150 grams (5.3 ounces). Additionally, the
2017 standard requires testing of refrigeration appliances containing
flammable refrigerants, including leakage tests, temperature and
scratch tests, and heat testing requirements to address the hazards due
to ignition of leaked refrigerant by potential ignition sources
associated with the appliance (see sections 22.107-22.110 and the
relevant annexes of the standard for specific testing requirements).
These tests are intended, among other things, to ensure that any leaks
will result in concentrations well below the LFL, and that potential
ignition sources will not be able to create temperatures high enough to
start a fire. Appliances that are in compliance with the 2017 UL
Standard 60335-2-24 have passed appropriate ignition or leakage tests
as stipulated in the standard. Passing the leakage test ensures that
refrigerant concentrations in the event of a leak do not reach or
exceed 75 percent of the LFL inside any internal or external electrical
component compartments.
III. What is EPA finalizing in this action?
As proposed, EPA is revising the use conditions for propane,
isobutane and R-441 in the household refrigerators and freezers end-
use. We are finalizing the use conditions for each substitute as
follows:
A. Use Conditions
EPA is replacing the reference to Supplement SA to the 10th edition
of UL Standard 250 in use condition ``2'' with ``UL Standard 60335-2-
24, Safety Requirements for Household and Similar Electrical
Appliances, Part 2: Particular Requirements for Refrigerating
Appliances, Ice-Cream Appliances and Ice-Makers (2nd Edition, April 28,
2017).'' In addition, EPA is removing use conditions ``3,'' ``4,'' and
``5'' because the conditions specified in those use conditions are
specified in 2017 UL standard 60335-2-24; the incorporation of 2017 UL
standard 60335-2-24 in condition 2 includes the requirements in
previous conditions 3, 4, and 5. The use conditions provide the same
level of assurance that the three substitutes can be used as safely as
other available alternatives. The revised use conditions apply to new
household refrigerators and freezers manufactured after the effective
date of this regulation. The new use conditions are as follows:
1. New equipment only; not intended for use as a retrofit
alternative: Propane, isobutane, and R-441A may be used only in new
equipment designed specifically and clearly identified for the
refrigerant (i.e., none of these substitutes may be used as a
conversion or ``retrofit'' \5\ refrigerant for existing equipment
designed for a different refrigerant); and
---------------------------------------------------------------------------
\5\ Sometimes conversion refrigerant substitutes are
inaccurately referred to as ``drop in'' replacements.
---------------------------------------------------------------------------
2. UL standard: These refrigerants may be used only in equipment
that meets all requirements in the 2017 UL Standard 60335-2-24.
B. Rationale for Changed Use Conditions
1. Charge Size
EPA previously required a charge size limit of 57 grams (2.01
ounces) for each separate refrigerant circuit in a refrigerator or
freezer. The 2017 UL Standard 60335-2-24 specifies that the maximum
charge size for each separate refrigerant circuit in a refrigerator or
freezer must be no greater than 150 grams (5.29 ounces).
As discussed in the December 2017 direct final rule, EPA evaluated
reasonable worst-case and more typical, yet conservative, scenarios to
model the effects of the sudden release of each refrigerant from a
household refrigerator or freezer containing the maximum charge size of
150 grams (5.29 ounces). This was done to determine whether the
refrigerants would present flammability or toxicity concerns for
consumers or workers, including those servicing or disposing of
appliances. To represent a reasonable worst-case scenario, it was
assumed that a catastrophic leak of each refrigerant would occur while
the refrigerator or freezer unit is in a residential kitchen with a
height of approximately 2.4 meters (i.e., a standard 8-foot ceiling)
and a minimum effective volume of 18 m\3\ (640 ft\3\) or an effective
volume of 53 m\3\ (1,870 ft\3\) (i.e., excluding the space filled by
cabinets, other kitchen equipment) (Murray 1997; NKBA 2016). The
minimum kitchen volume of 18 m\3\ (640 ft\3\) does not consider
residential kitchen spaces that are often connected to breakfast nooks
or other rooms (e.g., living room, dining room) through open pathways
or swinging doors, which would also increase the effective volume of
the space into which a refrigerant would be released, thereby reducing
the likelihood that the instantaneous concentration of the refrigerants
would exceed the LFL. Conversely, the larger kitchen volume used in the
analysis (i.e., 53 m\3\) considers air-mixing that is likely to occur
within the spaces that are adjacent to the kitchen (Murray 1997; NKBA
2016). The minimum effective kitchen volume modeled in this analysis is
conservative, as it is approximately half the size of the average
kitchen in a new single-family home in the United States (i.e., 36
m\3\) (NKBA 2016). The larger kitchen volume of 53 m\3\ includes
adjacent areas to the kitchen, such as a breakfast nook, and is more
conservative than the average estimated volume of a kitchen with a
breakfast nook in a U.S. household (i.e., 65 m\3\) (NKBA 2016).
EPA's analysis for each of the refrigerants revealed that even if
the
[[Page 38973]]
unit's full charge were emitted within one minute, the concentration
would not reach the LFL for that refrigerant in the less conservative
53 m\3\ (1,870 ft\3\) kitchen, showing a lack of flammability risk. The
threshold analyses demonstrated that a flammability concern could exist
in the minimum modeled kitchen volume (i.e., 18 m\3\ (640 ft\3\)) if
the charge size of the household refrigerator or freezer exceeded 120
grams, which is slightly smaller than the maximum modeled charge size
(i.e., 150 grams). However, the estimated exposures were derived using
conservative assumptions (e.g., small room size, no ventilation). A
150-gram household refrigeration unit would have to be installed in a
kitchen at least 2.3 times smaller than the less conservative kitchen
size modeled, in the worst-case conditions at end-use, for flammability
to be of concern. As a result, EPA determined that a release of a 150-
gram unit does not present a significant flammability risk in the
reasonable worst-case scenario for the three refrigerants in household
refrigerators and freezers.
Concerning toxicity of the refrigerants, our risk screens found
that the 30-minute acute exposure guideline level (AEGL) (i.e., 6,900
ppm) is exceeded only in the worst-case scenario for the minimum
kitchen volume (i.e., 18 m\3\). Based upon our analysis, the minimum
room sizes in which installed equipment could cause a toxicity concern
would have to be approximately 0.8 times smaller than the larger
modeled room size of 53 m\3\ (1,870 ft\3\), which is a conservative
kitchen volume in the United States (Murray 1997; NKBA 2016). Thus, we
have determined that isobutane, propane, and R-441A do not pose
significantly greater flammability and toxicity risks than other
acceptable refrigerants in the household refrigerators and freezers
end-use. The higher charge size included in the revised use condition
will provide greater flexibility to appliance manufacturers in the
design of equipment while also ensuring that such equipment will not
pose greater risk than similar equipment using other acceptable
alternatives. For more information about EPA's risk assessments, see
the docket for this rulemaking (EPA-HQ-OAR-2017-0472).
EPA is not retaining a separate charge size limit as a use
condition because it would be redundant of the updated UL standard.
Therefore, we are replacing the use condition in ``3'' with the 2017 UL
Standard 60335-2-24.
2. Color-Coded Hoses and Piping, and Labeling
The 2017 UL Standard 60335-2-24 includes requirements for red PMS
#185 marked pipes, hoses, and other devices through which the
refrigerant passes, and requirements for markings in letters no less
than 6.4 mm (\1/4\ inch) high to inform consumers and technicians of
potential flammability hazards are addressed in (see sections 7.1 and
22.106 of the standard for additional information on the required
marking and warning labels). Retaining the use conditions in ``4'' and
``5'' in EPA's previous hydrocarbon refrigerants rules would be
redundant of the updated standard. Therefore, we are replacing the use
conditions in ``4'' and ``5'' with the 2017 UL Standard 60335-2-24.
C. Incorporation by Reference
Through this action EPA is incorporating by reference the 2017 UL
Standard 60335-2-24, which establishes requirements for the evaluation
of household and similar electrical appliances, and safe use of
flammable refrigerants. The standard is discussed in greater detail
elsewhere in this preamble. This approach is the same as that used to
incorporate Supplement SA to the 10th edition of UL Standard 250 in our
previous rules on flammable refrigerants (76 FR 78832, December 20,
2011; 80 FR 19454, April 10, 2015).
The 2017 UL Standard 60335-2-24 is available for purchase by mail
at: COMM 2000, 151 Eastern Avenue, Bensenville, IL 60106; Email:
[email protected]; Telephone: 1-888-853-3503 in the U.S. or
Canada (other countries dial 1-415-352-2178); internet address: https://www.shopulstandards.com/ProductDetail.aspx?productId=UL60335-2-24_2_B_20170428(ULStandards2). The cost of the 2017 UL Standard 60335-
2-24 is $454 for an electronic copy and $567 for hardcopy. UL also
offers a subscription service to the Standards Certification Customer
Library (SCCL) that allows unlimited access to their standards and
related documents. The cost of obtaining this standard is not a
significant financial burden for equipment manufacturers and purchase
is not required for those selling, installing, and servicing the
equipment. Therefore, EPA concludes that the UL standard being
incorporated by reference is reasonably available.
D. Equipment Manufactured Prior to Effective Date of This Rule
The use conditions in this action apply to new household
refrigerators and freezers manufactured after the effective date of
this regulation. This final rule does not apply to or affect equipment
manufactured before the effective date of this action and manufactured
in compliance with the SNAP requirements applicable at the time of
manufacture.
IV. Response to Comments
EPA received 17 comments on the December 11, 2017, notice of
proposed rulemaking. Below EPA is responding to six of those comments,
which were either relevant to this rulemaking or raised issues that
were addressed in related rulemakings. The other eleven comments raised
issues that are outside the scope of this rulemaking or are not
relevant to any related rulemaking, so EPA is not providing a specific
response to those comments.
A. Compliance With the 2017 UL Standard 60335-2-24
Comment: Three commenters expressed support for the proposed
changes to the use conditions to reflect the 2017 UL Standard 60335-2-
24. The commenters noted that the revised use conditions would not
place any significant burden on the regulated community, would ensure
consistency with consensus-based standards, and would encourage
manufacturers of home refrigeration appliances and suppliers of
refrigerants to transition to more environmentally friendly
refrigerants.
Response: EPA acknowledges the support and is finalizing the
revised use conditions for use of isobutane, propane, and R-441A in
household refrigerators and freezers as proposed.
B. Flammability
Comment: Three commenters raised concerns about flammability risks
and firefighter safety in homes and other buildings due to the 150-gram
maximum allowable charge size. The commenters asserted that there would
be negative impacts and implications related to the higher charge size,
particularly for propane, and encouraged EPA to consult with
firefighter organizations, such as the National Volunteer Fire Council
or the Fire Department Safety Officers of America.
Response: EPA recognizes that flammability is an important
consideration with regard to the 150-gram charge size. As discussed
above in section III.2.a, EPA evaluated flammability and toxicity risks
for isobutane, propane, and R-441A at the maximum charge size as
provided in the risk screens included in the docket for
[[Page 38974]]
this rulemaking (Docket ID EPA-HQ-OAR-2017-0472-0006, -0007, and -
0008). EPA evaluated toxicity risk by considering exposure to workers
(including those servicing or disposing of appliances), consumers, and
the general public. EPA evaluated flammability risk by evaluating
reasonable worst-case and more typical, yet conservative, scenarios to
model the effects of the sudden release of each refrigerant from a
household refrigerator or freezer containing the maximum charge. Our
risk screens found that equipment that met the 150-gram charge limit
did not exceed the LFL for each of the three refrigerants in household
refrigerators and freezers in a conservatively sized 53 m\3\ (1,870
ft\3\) kitchen (see section III.B.1 above for the minimum and average
kitchen zone volumes). The commenters did not provide any technical
support for their statements or information demonstrating that use of
any of the three refrigerants in household refrigerators and freezers
at a charge of 150 grams (5.3 ounces) would pose significantly greater
risk than other available alternatives in this end-use. We note that
the use conditions required by this final rule include specific safety
testing requirements in the 2017 UL Standard 60335-2-24, which are
intended, among other things, to ensure that any leaks will result in
concentrations well below the LFL, and that potential ignition sources
will not be able to create temperatures high enough to start a fire.
The use conditions also provide additional safety measures and labeling
requirements (e.g., visible warning statement and red coloring on the
pipes, hoses, and devices which contain refrigerant) that make
equipment owners, consumers, fire marshals, and emergency first
responders aware of the presence of a flammability risk. Moreover, EPA
is aware of the longstanding widespread use on a global basis of
household refrigerators and freezers using this charge limit. EPA
agrees that greater awareness of the presence, risks, and benefits of
flammable refrigerants among fire marshals and first responders would
be beneficial.
C. Recovery and Recycling Equipment
Comment: One commenter voiced concerns that isobutane, propane, and
R-441A were exempted from the venting prohibition because machines for
the recovery of flammable refrigerants are not currently available in
the United States. The commenter stated that hydrocarbon refrigerants
are odorless, require a procedure for proper handling and storing, and
``undermine our whole premise of not knowingly venting an ODS
refrigerant or its alternate.'' In contrast, two commenters provided
supporting information regarding the safe servicing of household
appliances with flammable refrigerants and the availability of
equipment and technologies to safely recover and reclaim flammable
refrigerants.
Response: These comments are outside the scope of this rulemaking.
EPA did not propose and is not today finalizing any changes to its
previous determinations that venting, releasing, or disposing of these
refrigerants used in this end-use does not pose a threat to the
environment under CAA section 608(c)(2). EPA made these determinations
under section 608(c)(2) in final rules issued in 2014 and 2015 (79 FR
29682, May 23, 2014; 80 FR 19454, April 10, 2015) and did not reopen
those determinations in this rulemaking. EPA directs the commenters to
those rules for additional information. EPA appreciates the information
provided by commenters with regard to the availability of recovery and
recycling equipment.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
requirements contained in the existing regulations and has assigned OMB
control number 2060-0226. This rule contains no new requirements for
reporting or recordkeeping.
D. Regulatory Flexibility Act
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule.
The use conditions of this rule apply to manufacturers of new
household refrigerators and freezers that choose to use flammable
refrigerants. Today's action allows equipment manufacturers to use
flammable refrigerants at a higher charge size than previously allowed
in new household refrigerators and freezers but does not mandate such
use; the change to the use conditions allows more flexibility for
manufacturers in the design of equipment and thus reduces the
regulatory burden to the regulated community. In some cases, it may
reduce costs by allowing manufacturers to design equipment with a
single, larger refrigerant circuit instead of multiple, smaller
refrigerant circuits for the same piece of equipment.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
F. 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.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, on the relationship between the Federal government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.
[[Page 38975]]
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because EPA does not believe the environmental health or safety risks
addressed by this action present a disproportionate risk to children.
This action's health and risk assessments are contained in risk screens
for the various substitutes.6 7 8 The risk screens are
available in the docket for this rulemaking.
---------------------------------------------------------------------------
\6\ ICF, 2018a. Risk Screen on Substitutes in Household
Refrigerators and Freezers; Substitute: Propane (R-290).
\7\ ICF, 2018b. Risk Screen on Substitutes in Household
Refrigerators and Freezers; Substitute: Isobutane (R-600a).
\8\ ICF, 2018c. Risk Screen on Substitutes in Household
Refrigerators and Freezers; Substitute: R-441A.
---------------------------------------------------------------------------
I. Executive Order 13211: Actions Concerning Regulations 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.
J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51
This action involves a technical standard. EPA is revising the use
conditions for the household refrigerators and freezers end-use by
incorporating by reference UL Standard 60335-2-24, ``Safety
Requirements for Household and Similar Electrical Appliances, Part 2:
Particular Requirements for Refrigerating Appliances, Ice-Cream
Appliances and Ice-Makers'' (2nd edition, April 2017), which
establishes requirements for the evaluation of household and similar
electrical appliances, and safe use of flammable refrigerants. The 2017
UL Standard 60335-2-24 supersedes the current edition of Supplement SA
the 10th edition of UL Standard 250, ``Requirements for Refrigerators
and Freezers Employing a Flammable Refrigerant in the Refrigerating
System'' (August 2000). EPA's revision to the use conditions will
replace Supplement SA to the 10th edition of UL Standard 250 with the
2017 UL standard 60335-2-24. This standard is available at https://standardscatalog.ul.com/standards/en/standard_60335-2-24_2, and may be
purchased by mail at: COMM 2000, 151 Eastern Avenue, Bensenville, IL
60106; Email: [email protected]; Telephone: 1-888-853-3503 in
the U.S. or Canada (other countries dial 1-415-352-2178); internet
address: https://www.shopulstandards.com/ProductDetail.aspx?productId=UL60335-2-24_2_B_20170428(ULStandards2).
The cost of UL 60335-2-24 is $454 for an electronic copy and $567 for
hardcopy. UL also offers a subscription service to the Standards
Certification Customer Library (SCCL) that allows unlimited access to
their standards and related documents. The cost of obtaining this
standard is not a significant financial burden for equipment
manufacturers and purchase is not required for those selling,
installing and servicing the equipment. Therefore, EPA concludes that
the UL standard being incorporated by reference is reasonably
available.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The human health or environmental risk addressed by this action
will not have potential disproportionately high and adverse human
health or environmental effects on minority, low-income or indigenous
populations. This action's health and environmental risk assessments
are contained in the risk screens for the various substitutes. The risk
screens are available in the docket for this rulemaking.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
VI. References
Unless specified otherwise, all documents are available
electronically through the Federal Docket Management System, Docket
#EPA-HQ-OAR-2017-0472.
ASHRAE, 2016. ANSI/ASHRAE Standard 34-2016: Designation and Safety
Classification of Refrigerants.
ICF, 2018a. Risk Screen on Substitutes in Household Refrigerators
and Freezers; Substitute: Propane (R-290).
ICF, 2018b. Risk Screen on Substitutes in Household Refrigerators
and Freezers; Substitute: Isobutane (R-600a).
ICF, 2018c. Risk Screen on Substitutes in Household Refrigerators
and Freezers; Substitute: R-441A.
Murray, D.M., 1997. Residential house and zone volumes in the United
States: Empirical and Estimated Parametric Distributions. Risk Anal
17: 439-446. Available online at: https://onlinelibrary.wiley.com/doi/10.1111/j.1539-6924.1997.tb00884.x/full.
National Kitchen and Bath Association (NKBA), 2016. Size of Kitchens
in New U.S. Single Family Homes. August 2016. Available online at:
https://nkba.myshopify.com/collections/research/products/size-of-kitchens-in-new-u-s-single-family-homes.
UL 250. Household Refrigerators and Freezers. 10th edition.
Supplement SA: Requirements for Refrigerators and Freezers Employing
a Flammable Refrigerant in the Refrigerating System. August 2000.
UL 60335-2-24. Safety Requirements for Household and Similar
Electrical Appliances, Part 2: Particular Requirements for
Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers. 2nd
edition. April 2017.
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Recycling, Reporting
and recordkeeping requirements, Stratospheric ozone layer.
Dated: July 30, 2018.
Andrew R. Wheeler,
Acting Administrator.
For the reasons set out in the preamble, 40 CFR part 82 is amended
as follows:
PART 82--PROTECTION OF STRATOSPHERIC OZONE
0
1. The authority citation for part 82 continues to read as follows:
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
Subpart G--Significant New Alternatives Policy Program
0
2. Amend Appendix R to subpart G of part 82 by:
0
a. Revising the appendix heading.
0
b. Removing the two entries for ``Household refrigerators, freezers,
and combination refrigerators and freezers (New equipment only)'' and
adding a new entry in their place; and
0
c. Revising the NOTE to Appendix R.
The revisions and additions to read as follows:
Appendix R to Subpart G of Part 82--Substitutes Subject to Use
Restrictions Listed in the December 20, 2011, Final Rule, Effective
February 21, 2012, in the April 10, 2015 Final Rule, Effective May 11,
2015, and in the August 8, 2018 Final Rule, Effective September 7, 2018
[[Page 38976]]
Substitutes That Are Acceptable Subject to Use Conditions
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Use conditions Further information
----------------------------------------------------------------------------------------------------------------
Household refrigerators, Isobutane (R- Acceptable As of September 7, Applicable OSHA
freezers, and combination 600a). subject to use 2018:. requirements at 29
refrigerators and freezers Propane (R-290). conditions. These refrigerants CFR part 1910 must
(New equipment only). R-441A.......... may be used only in be followed,
new equipment including those at
designed 29 CFR 1910.106
specifically and (flammable and
clearly identified combustible
for the refrigerant liquids), 1910.110
(i.e., none of these (storage and
substitutes may be handling of
used as a conversion liquefied petroleum
or ``retrofit'' gases), 1910.157
refrigerant for (portable fire
existing equipment extinguishers), and
designed for a 1910.1000 (toxic and
different hazardous
refrigerant). substances).
These refrigerants Proper ventilation
may be used only in should be maintained
a refrigerator or at all times during
freezer, or the manufacture and
combination storage of equipment
refrigerator and containing
freezer, that meets hydrocarbon
all requirements refrigerants through
listed in the 2nd adherence to good
edition of the manufacturing
Underwriters practices as per 29
Laboratories (UL) CFR 1910.106. If
Standard for Safety: refrigerant levels
Household and in the air
Similar Electrical surrounding the
Appliances--Safety-- equipment rise above
Part 2-24: one-fourth of the
Particular lower flammability
Requirements for limit, the space
Refrigerating should be evacuated
Appliances, Ice- and re-entry should
Cream Appliances and occur only after the
Ice-Makers, UL 60335- space has been
2-24, dated April properly ventilated.
28, 2017. Technicians and
equipment
manufacturers should
wear appropriate
personal protective
equipment, including
chemical goggles and
protective gloves,
when handling these
refrigerants.
Special care should
be taken to avoid
contact with the
skin since these
refrigerants, like
many refrigerants,
can cause freeze
burns on the skin.
A Class B dry powder
type fire
extinguisher should
be kept nearby.
Technicians should
only use spark-proof
tools when working
on refrigerators and
freezers with these
refrigerants.
Any recovery
equipment used
should be designed
for flammable
refrigerants.
Any refrigerant
releases should be
in a well-ventilated
area, such as
outside of a
building.
Only technicians
specifically trained
in handling
flammable
refrigerants should
service
refrigerators and
freezers containing
these refrigerants.
Technicians should
gain an
understanding of
minimizing the risk
of fire and the
steps to use
flammable
refrigerants safely.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Note: The use conditions in this appendix contain references to certain standards from Underwriters Laboratories
Inc. (UL). The standards are incorporated by reference, and the referenced sections are made part of the
regulations in part 82:
1. UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators
and Freezers Employing a Flammable Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc.
November 24, 2010.
2. UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a
Flammable Refrigerant in the Refrigerating System and Appendices B through F. December 21, 2007, with changes
through August 3, 2012.
3. UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders
Employing a Flammable Refrigerant in the Refrigerating System. December 30, 2011.
4. UL Standard 60335-2-24. Standard for Safety: Requirements for Household and Similar Electrical Appliances,--
Safety--Part 2-24: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers,
Second edition, dated April 28, 2017.
The Director of the Federal Register approves the incorporation
by reference of the material under ``Use Conditions'' in the table
``SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS'' (5
U.S.C. 552(a) and 1 CFR part 51). Copies of UL Standards 471, 484,
541, and 60335-2-24, may be purchased by mail at: COMM 2000, 151
Eastern Avenue, Bensenville, IL 60106; Email:
[email protected]; Telephone: 1-888-853-3503 in the U.S. or
Canada (other countries dial 1-415-352-2178); internet address:
https://www.shopulstandards.com/Catalog.aspx.
You may inspect a copy at U.S. EPA's Air Docket; EPA West
Building, Room 3334; 1301 Constitution Ave. NW, Washington, DC or at
the National Archives and Records Administration (NARA). For
questions regarding access to these standards, the telephone number
of EPA'S Air Docket is 202-566-1742. For information on the
availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
[FR Doc. 2018-16773 Filed 8-7-18; 8:45 am]
BILLING CODE 6560-50-P