Protection of the Stratospheric Ozone: Motor Vehicle Air Conditioning System Servicing, 15587-15596 [2021-05363]
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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations
15587
Column 1
Column 2
Column 3
Item—description of charges
Rate ($)
Montreal to or from Lake Ontario
(5 locks)
Rate ($)
Welland Canal—Lake Ontario to
or from Lake Erie
(8 locks)
6. Under the Volume Rebate Incentive program, a retroactive percentage rebate on cargo tolls on the incremental volume calculated
based on the pre-approved maximum volume.
7. Under the New Service Incentive Program, for New Business cargo
moving under an approved new service, an additional percentage
refund on applicable cargo tolls above the New Business rebate.
10% ................................................
10%.
20% ................................................
20%.
1 Or
under the US GRT for vessels prescribed prior to 2002.
applicable charged under item 3 at the Great Lakes St. Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) will be
collected in U.S. dollars. The collection of the U.S. portion of tolls for commercial vessels is waived by law (33U.S.C. 988a(a)). The other
charges are in Canadian dollars and are for the Canadian share of tolls.
3 $5.00 discount per lock applicable on ticket purchased for Canadian locks via PayPal.
4 The applicable charge at the Great Lakes St. Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) for pleasure craft is
$30 U.S. or $30 Canadian per lock.
2 The
Issued at Washington, DC.
Great Lakes St. Lawrence Seaway
Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2021–05503 Filed 3–23–21; 8:45 am]
BILLING CODE 4910–61–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2013–0597; FRL–10014–63–
OAR]
RIN 2060–A075
Protection of the Stratospheric Ozone:
Motor Vehicle Air Conditioning System
Servicing
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is adopting three
technical standards developed by SAE
International (SAE) for equipment that
recovers, recycles, and/or recharges the
refrigerant 2,3,3,3-Tetrafluoroprop-1-ene
(HFO–1234yf or R–1234yf) in motor
vehicle air conditioners (MVACs). The
three standards are SAE J2843, SAE
J2851, and SAE J3030. This rule adopts
the most current versions of these
standards by incorporating them by
reference into the regulations under
Title VI of the Clean Air Act (CAA).
This will provide additional flexibility
for industry stakeholders that wish to
select recovery and recycling equipment
certified to these standards.
DATES: This final rule is effective on
April 23, 2021, 30 days after publication
in the Federal Register. The
incorporation by reference of certain
publications listed in the rule is
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SUMMARY:
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approved by the Director of the Federal
Register as of April 23, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2013–0597. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through
www.regulations.gov.
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.
SUPPLEMENTARY INFORMATION:
VI. 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 (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act
(UMRA)
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)
K. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
L. Congressional Review Act (CRA)
I. General Information
Table of Contents
A. Does this action apply to me?
I. General Information
A. Does this action apply to me?
B. What acronyms and abbreviations are
used in the preamble?
II. Background
A. CAA Section 609
B. Major Rules Under CAA Section 609
III. What is the EPA finalizing in this action?
A. What are the standards the EPA is
adopting?
i. SAE J2843
ii. SAE J2851
iii. SAE J3030
B. What is the effect of adopting these
standards?
IV. Incorporation by Reference
V. Response to Comments
A. Support for Adoption of the Standards
B. Concerns Regarding SAE J3030
C. Other Suggestions and Concerns
Regulated entities, identified by the
North American Industrial
Classification System (NAICS) Code,
may include, but are not limited to, the
following which all fall under the
category of ‘‘Industry’’:
• New and used car dealers (NAICS
code 441110)
• Gas service stations (NAICS codes
447110 and 447190)
• General automotive repair shops
(NAICS code 811111)
• Automotive repair shops not
elsewhere classified, including air
conditioning and radiator specialty
shops (NAICS code 811198)
• Other motor vehicle parts
manufacturing (NAICS code 336390)
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This list is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. Other types of
entities not listed above could also be
regulated. To determine whether your
entity is regulated by this action, you
should carefully examine the
applicability criteria found in CAA
section 609, and relevant implementing
regulations at 40 CFR part 82, subpart B.
If you have questions regarding the
applicability of this action to a
particular entity, consult the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
B. What acronyms and abbreviations are
used in the preamble?
AHRI Air-Conditioning, Heating, and
Refrigeration Institute, formerly AirConditioning and Refrigeration Institute
(ARI)
ASHRAE American Society of Heating,
Refrigerating and Air-Conditioning
Engineers
CAA Clean Air Act
CFC Chlorofluorocarbon
CFR Code of Federal Regulations
EPA United States Environmental
Protection Agency
ETL ETL Testing Laboratories
HCFC Hydrochlorofluorocarbon
HFC Hydrofluorocarbon
HFO Hydrofluoroolefin
ICCSC Interior Climate Control Standards
Committee
MVACs Motor Vehicle Air Conditioners
MY Model Year
NAICS North American Industrial
Classification System
NTTAA National Technology Transfer and
Advancement Act
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
SAE SAE International, formerly the
Society of Automotive Engineers
SNAP Significant New Alternatives Policy
UMRA Unfunded Mandates Reform Act
UL Underwriters Laboratories
II. Background
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A. CAA section 609
CAA section 609 directs the EPA to
issue regulations establishing standards
and requirements for the servicing of
MVACs. For purposes of the regulations
implementing CAA section 609,
MVACs 1 are defined as equipment that
use mechanical vapor compression
refrigeration to cool the driver’s or
1 A related definition for MVAC-like is found at
40 CFR 82.152: MVAC-like appliance means a
mechanical vapor compression, open-drive
compressor appliance with a full charge of 20
pounds or less of refrigerant used to cool the
driver’s or passenger’s compartment of off-road
vehicles or equipment. This includes, but is not
limited to, the air-conditioning equipment found on
agricultural or construction vehicles. This
definition is not intended to cover appliances using
R–22 refrigerant.
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passenger’s compartment of any motor
vehicle. This definition is not intended
to encompass the hermetically sealed
refrigeration systems used on motor
vehicles for refrigerated cargo and the
air conditioning systems on passenger
buses using hydrochlorofluorocarbons
(HCFC)–22 or R–22 refrigerant. For
purposes of the section 609 regulations,
motor vehicle is defined as any vehicle
which is self-propelled and designed for
transporting persons or property on a
street or highway, including but not
limited to passenger cars, light-duty
vehicles, and heavy-duty vehicles. This
definition does not include a vehicle
where final assembly of the vehicle has
not been completed by the original
equipment manufacturer.
Under CAA section 609 and
regulations that implement it, no person
repairing or servicing motor vehicles for
consideration (e.g., payment or
bartering) may perform any service on
an MVAC that involves the refrigerant 2
without properly using approved
refrigerant recovery or recovery and
recycling equipment, and no such
person may perform such service for
consideration unless such person has
been properly trained and certified.
Section 609 also restricts the sale of
class I and class II substances for use as
a refrigerant in MVACs in containers of
20 pounds or less, except to certified
technicians. Class I substances
(chlorofluorocarbons (CFCs), halons,
carbon tetrachloride, methyl
chloroform, methyl bromide,
hydrobromofluorocarbons, and
chlorobromomethane) and class II
substances (HCFCs) are ozone-depleting
compounds and are listed in 40 CFR
part 82, subpart A, appendices A and B,
respectively.
Regulations issued under CAA section
609, codified at 40 CFR part 82, subpart
B, include, among other things,
prohibited and required practices for
persons repairing and servicing MVACs
for consideration (40 CFR 82.34);
requirements for refrigerant handling
equipment (40 CFR 82.36); approval
processes for independent standards
testing organizations (40 CFR 82.38);
requirements for certifications that any
person servicing or repairing MVACs for
consideration must submit to the EPA,
and related recordkeeping requirements
(40 CFR 82.42). Appendices A–F at 40
CFR part 82, subpart B, provide
minimum operating requirements for
equipment used for the recovery,
B. Major Rules Under CAA Section 609
In 1992, the EPA published a rule (57
FR 31242; July 14, 1992) under CAA
section 609 establishing standards and
requirements for servicing of MVACs
and restricting the sale of small
containers of ozone-depleting
substances. The regulations, which
appear in 40 CFR part 82, subpart B,
require persons who repair or service
MVACs for consideration to be certified
in refrigerant recovery and recycling
and to properly use approved
equipment when performing service
involving the refrigerant. Consistent
with the definition in CAA section
609(b)(1), ‘‘refrigerant’’ is defined in
subpart B as any class I or class II
substance used in MVACs, and to
include any substitute substance
effective November 15, 1995. The 1992
rule also defined approved refrigerant
recycling equipment as equipment
certified by the Administrator or an
approved organization as meeting either
one of the standards in 40 CFR 82.36.
Such equipment extracts and recycles
refrigerant or extracts but does not
recycle refrigerant, allowing that
refrigerant to be subsequently recycled
on-site or to be sent off-site for
reclamation.3 The EPA based the
regulatory equipment standards in
subpart B on those developed by SAE.
They cover service procedures for
dichlorodifluoromethane (CFC–12 or R–
12) recover/recycle equipment (SAE
J1989, issued in October 1989), test
procedures to evaluate R–12 recover/
recycle equipment (SAE J1990, issued in
October 1989 and revised in 1991) and
a purity standard for recycled R–12
refrigerant (SAE J1991, issued in
October 1989). Only equipment certified
to meet the standards set forth in
appendix A at 40 CFR part 82, subpart
B, or that meet the criteria for
substantially identical equipment, was
approved under CAA section 609 for
use in the servicing of MVACs at that
time.
The 1992 rule also implemented the
statutory prohibition on the sale or
distribution of any class I or class II
substance suitable for use in MVACs
that is in a container of less than 20
pounds, to anyone other than a properly
trained and certified section 609
technician. The rule also contained
standards by which: (1) An independent
2 Section 609(b)(1) defines the term ‘‘refrigerant,’’
‘‘[a]s used in this section’’, to mean ‘‘any class I or
class II substance used in a motor vehicle air
conditioner. Effective 5 years after November 15,
1990, the term ‘refrigerant’ shall also include any
substitute substance.’’
3 Equipment that extracts and recycles refrigerant
is referred to as recover/recycle equipment.
Equipment that extracts but does not recycle
refrigerant is referred to as equipment that recovers
but does not recycle refrigerant, or as recover-only
equipment.
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recycling and/or recharging of
refrigerant used in MVACs.
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standards testing organization may
apply to the agency for approval to test
and certify refrigerant recycling
equipment; and (2) a training and
certification program may apply to the
agency for approval to train and certify
technicians in the proper use of
refrigerant recycling equipment for
MVACs. Underwriters Laboratories (UL)
and Intertek (formerly ETL Testing
Laboratories (ETL)) are the approved
independent standards testing
organizations that currently certify
equipment using the standards that
appear in appendix A of 40 CFR part 82,
subpart B.
Finally, the 1992 rule established
recordkeeping and reporting
requirements that include: Certifying
that only properly trained and certified
individuals are repairing or servicing
MVACs for consideration; certifying the
use of approved recycling equipment
and that each individual authorized to
use the equipment has obtained the
proper training and certification; and
requiring that owners of approved
refrigerant recycling equipment retain
records demonstrating that all persons
authorized to operate the equipment
obtained the required certification.
In 1995, the EPA issued a rule (60 FR
21682; May 2, 1995) establishing
regulatory standards, based on
standards developed by SAE, which
applied to certification of R–12 recoveronly equipment, in appendix B at 40
CFR part 82, subpart B. Specifically, for
recover-only equipment, the agency
adopted the recommended service
procedure for the containment of R–12
(SAE J1989, issued in October 1989 and
set forth in subpart B, appendix B) and
test procedures to evaluate recover-only
equipment (SAE J2209, issued in June
1992). The definition of ‘‘approved
refrigerant recycling equipment’’ was
revised in the 1995 rule to include this
recover-only equipment. UL and ETL
were also approved to certify recoveronly equipment. Finally, service
technicians previously certified to
handle recover/recycle equipment were
grandfathered so that they would not
have to be recertified to handle recoveronly equipment.
The EPA issued a third rule under
CAA section 609 in 1997 (62 FR 68026;
December 30, 1997) in response to the
increasing use of alternative refrigerants,
particularly 1,1,1,2-tetrafluoroethane
(HFC–134a or R–134a). The 1997 rule
established standards and requirements
for the servicing of MVACs that use any
refrigerant other than R–12. The rule
also stated refrigerant (whether R–12 or
a substitute) recovered from motor
vehicles at motor vehicle disposal
facilities may be re-used in the MVAC
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service sector only if it has been
properly recovered and recycled by
persons who are either employees,
owners, or operators of the facilities, or
technicians certified under CAA section
609, using approved equipment. The
1997 rule also established conditions
under which owners and operators of
motor vehicle disposal facilities may
sell refrigerant recovered from such
vehicles to technicians certified under
CAA section 609.
Additionally, the 1997 rule
established standards for recover/
recycle and recovery/recycling/
recharging equipment for R–134a;
recover-only equipment for R–12, R–
134a, and hydrofluoroolefin (HFO)–
1234yf or R–1234yf; recycling
equipment intended for use with both
R–12 and R–134a; and recover-only
equipment for a single refrigerant other
than R–12 or R–134a. The 1997 rule
established appendices C through F at
40 CFR part 82, subpart B. Specifically,
appendix C contains standards based on
SAE J2788 for recovery/recycling and
recovery/recycling/recharging
equipment for R–134a refrigerant.
Appendix D is based upon SAE J1732
and establishes standards for recoveronly equipment for R–134a. Appendix E
contains standards for recover-only
equipment for both R–12 and R–134a,
while appendix F establishes standards
for recover-only equipment for any
single refrigerant other than R–12 and
R–134a.
Since the publication of the 1997 rule,
the EPA has published two rules, one in
2007 (72 FR 63490; November 9, 2007)
and one in 2008 (73 FR 34644; June 18,
2008), to reflect updated SAE standards.
Test results from the SAE Improved
Mobile Air Conditioning Cooperative
Research Project,4 an MVAC industry
sponsored research project, showed that
equipment certified to meet SAE J2210
and SAE J1732 5 left as much as 30% of
the refrigerant in MVACs. As a result of
these findings, SAE developed SAE
J2788 and SAE J2810, which require
that equipment be capable of recovering
95% of refrigerant from MVACs. The
two rules adopted SAE J2788 and SAE
J2810, which replaced SAE J2210 and
SAE J1732, respectively, allowing for an
4 SAE, Improved Mobile Air Conditioning
Cooperative Research Program. https://
www.regulations.gov/document?D=EPA-HQ-OAR2006-0428-0003 and https://www.regulations.gov/
document?D=EPA-HQ-OAR-2008-0231-0002.
5 SAE J2210 (HFC–134a (R–134a) Recovery/
Recycling Equipment for Mobile Air-Conditioning
Systems (Cancelled Nov 2010)). SAE J1732 (HFC–
134a (R–134a) Refrigerant Recovery Equipment for
Mobile Automotive Air-Conditioning Systems
(Stabilized Nov 2011)).
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increased percent of refrigerant to be
recovered during servicing.
III. What is the EPA finalizing in this
action?
The EPA is amending 40 CFR part 82,
subpart B, §§ 82.32, 82.36, 82.38, and
82.40 to adopt three equipment
standards for the servicing of MVACs
that use the refrigerant R–1234yf by
incorporating them by reference into the
CAA section 609 regulations. The
standards provide technical
specifications for equipment used for
servicing MVACs containing R–1234yf
consistent with CAA section 609
regulations, codified at 40 CFR part 82,
subpart B. The refrigerant R–1234yf was
listed by the EPA’s Significant New
Alternatives Policy (SNAP) program as
acceptable, subject to use conditions, in
MVACs in new cars and new light-duty
trucks (76 FR 17488; March 29, 2011),
and in certain new heavy-duty
vehicles—new medium-duty passenger
vehicles, new heavy-duty pickup trucks,
and new complete heavy-duty vans (81
FR 86778; December 1, 2016).
The existing regulations at 40 CFR
82.34 state that no person repairing or
servicing MVACs for consideration may
perform any service involving
refrigerant for such MVACs without
properly using equipment approved
pursuant to 40 CFR 82.36. This final
rule adds equipment certified to meet
SAE J2843, J2851, and J3030 to the
equipment approved under CAA section
609 implementing regulations to
recover, recycle, and/or recharge the
refrigerant R–1234yf for MVACs.
A. What are the standards the EPA is
adopting?
The EPA is adopting the following
three equipment standards for the
servicing of MVACs that use R–1234yf:
• SAE J2843 (revised July 2019), ‘‘R–
1234yf [HFO–1234yf] Recovery/
Recycling/Recharging Equipment for
Flammable Refrigerants for Mobile AirConditioning Systems;’’
• SAE J2851 (revised February 2015),
‘‘Recovery Equipment for Contaminated
R–134a or R–1234yf Refrigerant from
Mobile Air Conditioning Systems;’’ and
• SAE J3030 (revised July 2015),
‘‘Automotive Refrigerant Recovery/
Recycling/Recharging Equipment
Intended for use with Both R–1234yf
and R–134a.’’
SAE J2843, J2851, and J3030 were
developed by SAE, which is a global
association of more than 138,000
engineers and related technical experts
in the aerospace, automotive, and
commercial-vehicle industries. The SAE
Interior Climate Control Standards
Committee (ICCSC) consists of five sub-
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committees: Steering, Service, Fluids,
MAC Supplier, and Vehicle OEM. The
SAE ICCSC includes representatives
from across the MVAC industry,
including system component
manufacturers, automobile
manufacturers, servicing equipment
manufacturers, and refrigerant
manufacturers. The members of each
committee have expertise in that area
and are responsible for the development
of SAE standards or recommended
practice documents. The committee has
published more than 50 documents and
has an HS–2900 handbook that includes
standards on safety, refrigerants,
components, testing, service procedures,
service equipment, and training. Each of
the SAE Ground Vehicle Standards (e.g.,
SAE J2843, J2851, and J3030) for
technical specifications related to
MVAC servicing undergoes a rigorous
peer review process. The EPA has
previously cited some of these standards
in regulations.
The three SAE standards that are
being adopted and incorporated by
reference relate to recycling, recovery,
and/or recharging of R–1234yf. R–
1234yf has gained significant market
share in motor vehicles since its
introduction in the 2013 model year
(MY). According to the 2019 EPA
Automotive Trends Report, in the 2018
MY, use of R–1234yf has grown to 13
manufacturers (accounting for more
than 60% of the US new vehicle fleet)
and some manufacturers have
implemented R–1234yf across their
entire vehicle brands.6 This increased
use of R–1234yf will lead to more
MVACs needing to be serviced and/or
repaired compared to when R–1234yf
was first introduced. Adopting SAE
J2843, J2851, and J3030 will assist
technicians choosing to repair or service
MVACs containing R–1234yf to
properly use approved refrigerant
handling equipment when performing
any service involving the refrigerant. As
R–1234yf is classified by the American
Society of Heating, Refrigerating and
Air-Conditioning Engineers (ASHRAE)
as mildly flammable, the equipment
meeting these standards must have
electrical components deemed
acceptable for exposure to refrigerants at
that level of flammability, ensuring the
safety of technicians. This rule also
increases industry flexibility in
selecting proper recovery, recycling, and
recharging equipment by expanding the
available options. Adoption of the
standards also helps to mitigate the risk
to human health and the environment
6 EPA, 2019. Automotive Trends Report.
Available at: https://www.epa.gov/automotivetrends/download-automotive-trends-report.
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by directing technicians towards
equipment that should limit
unintentional releases of automotive
refrigerant during the service or repair
of MVACs. Moreover, use of equipment
that meets SAE J2843, J2851, and J3030
should reduce mixing of refrigerants.
Preventing the mixing of refrigerants
facilitates refrigerant recycling and
reduces releases into the atmosphere.
Equipment meeting the three standards
are capable of near-complete recovery of
refrigerant from such MVACs. Below is
further description of each standard.
i. SAE J2843
SAE J2843 (revised July 2019)
establishes standards for equipment that
recovers, recycles, and/or recharges R–
1234yf in MVACs. This standard applies
to equipment intended for use with R–
1234yf refrigerant only. Equipment
meeting this standard must be capable
of recovering refrigerant within 30
minutes, which is consistent with other
SAE standards, resulting in convenience
for the car owner as well as the
technician. The recycling capabilities of
equipment meeting SAE J2843 can
return the refrigerant to the same level
of purity as newly manufactured (virgin)
refrigerant, ensuring that the refrigerant
recharged into the system will provide
the same level of performance and
durability as virgin refrigerant. This
recycling allows for the continued use
of recovered refrigerant. Prior to
recharging an MVAC, service
technicians using equipment meeting
this standard can check for leaks that
could be repaired to avoid refrigerant
releases. Maintaining a properly charged
MVAC should result in efficient
operation.
ii. SAE J2851
SAE J2851 (revised February 2015)
establishes minimum performance and
operating standards for equipment that
recovers contaminated R–134a and/or
R–1234yf refrigerant from MVACs.
Refrigerant recovered with this
equipment cannot be recycled on-site
and instead should be returned to an
EPA-approved reclamation facility that
will process it appropriately as per AirConditioning, Heating, and Refrigeration
Institute (AHRI) 700 standard entitled
Specifications for Refrigerants.
Refrigerant recovery equipment should
ensure adequate refrigerant recovery
and reduce emissions during the
removal of refrigerant from MVACs.
iii. SAE J3030
SAE J3030 (revised July 2015)
establishes the minimum requirements
for recovery/recycling/recharging
equipment intended for use to service
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MVACs that contain either R–1234yf or
R–134a. New equipment capable of
performing any service on MVACs that
involves recovery of, recycling of, or
recharging with either R–134a or R–
1234yf would be required to meet SAE
J3030 requirements for both refrigerants.
The dual-refrigerant equipment covered
by this standard may be useful given
that R–134a and R–1234yf are both
widely used in motor vehicles in the
United States. Equipment certified to
J3030 are designed to prevent
contamination when switching between
refrigerants.
B. What is the effect of adopting these
standards?
Adopting these standards will assist
approved independent standards testing
organizations (currently UL and
Intertek) in certifying equipment for
commercial refrigerant recovery/
recycling/recharging that meet the
EPA’s minimum performance
requirements. In addition, service and
repair shops would be required to use
equipment certified to meet SAE J2843,
J2851, and J3030 when servicing
MVACs using R–1234yf.
The EPA’s amendments to 40 CFR
82.36 revise paragraph (a)(7) and add
paragraphs (a)(8), (9), (10). These
revisions establish that servicing
equipment manufactured to meet SAE
J2843, J2851, or J3030 that is certified by
the EPA (or by an independent
standards testing organization approved
by the EPA under 40 CFR 82.38) may be
used for repairing or servicing MVACs
consistent with 40 CFR 82.34(a)(1). The
EPA is also amending 40 CFR
82.32(e)(1), 82.38, and 82.40 to include
references to 40 CFR 82.36(a)(8)–(10).
The revisions to 40 CFR 82.32(e)(1)
update the definition of the term
‘‘properly using’’ to add the standards
incorporated by reference at 40 CFR
82.36(a)(8)–(10) to the list of
recommended service procedures and
practices for the containment of
refrigerant. The revisions to 40 CFR
82.38 allow independent standards
testing organizations to apply for
approval to certify equipment as
meeting the standards incorporated by
reference at 40 CFR 82.36(a)(8)–(10), as
well as the currently existing standards
in appendices A, B, C, D, E, and F. The
revisions to 40 CFR 82.40 add the
standards incorporated by reference at
40 CFR 82.36(a)(8)–(10) to the list of
standards that any technician training
program seeking approval must
demonstrate are covered by their
certification tests. It would be
appropriate for approved technician
training and certification programs to
update their materials to reflect the
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standards incorporated by reference at
40 CFR 82.36(a)(8)–(10) and to submit a
summary of the conforming changes to
the Administrator as part of the
summary required by 40 CFR 40.82(c).
Current regulations at 40 CFR 82.36
contain the requirements for approved
refrigerant handling equipment,
including the requirement for
certification of such equipment by the
EPA or an independent, standards
testing organization approved by the
EPA. The Agency maintains a list of
approved equipment by manufacturer
and model at: https://www.epa.gov/
mvac/section-609-certified-equipment.
Lastly, the EPA is amending appendix
F to subpart B of part 82. This appendix
contains specifications for recovery
equipment that extracts a single,
specific refrigerant other than those
named in the other appendices to
subpart B. Since the EPA is adding
standards for recovery equipment for
MVACs containing R–1234yf, the EPA is
noting that as appropriate, in this
appendix.
Existing EPA regulations that are not
modified by this action require
stakeholders who chose to service or
repair vehicles that use R–1234yf to use
certified equipment. Equipment
certified to meet SAE J2843, J2851, and
J3030 will provide additional flexibility
for industry stakeholders and protect
human health and the environment. Use
of equipment that meets the three
standards also supports compliance
with the prohibition in section 608(c) of
the CAA on knowingly venting or
otherwise knowingly releasing or
disposing of refrigerant in a manner that
allows the refrigerant to enter the
environment in the course of servicing,
maintaining, repairing, or disposing of
an appliance. In addition, proper
handling of R–1234yf is important given
it is listed by ASHRAE as an A2L
refrigerant meaning it is mildly
flammable.7
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IV. Incorporation by Reference
The EPA is adopting the following
three standards by incorporating them
by reference—SAE J2843 (revised July
2019), ‘‘R–1234yf (HFO–1234yf)
Recovery/Recycling/Recharging
Equipment for Flammable Refrigerants
7 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 (i.e., A = no
evidence of toxicity, B = signifies toxicity) and the
numeral denotes the flammability. 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.
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for Mobile Air-Conditioning Systems;’’
SAE J2851 (revised February 2015)
‘‘Recovery Equipment for Contaminated
R–134a or R–1234yf Refrigerant from
Mobile Automotive Air-Conditioning
Systems;’’ and SAE J3030 (revised July
2015) ‘‘Automotive Refrigerant
Recovery/Recycling/Recharging
Equipment Intended for use with Both
R–1234yf and R–134a.’’ Section III.A. of
this preamble discusses these standards
in greater detail. This action approves
and provides technical specifications for
MVAC recovery/recycling/recharging
equipment so that it may be used for R–
1234yf under CAA section 609 and 40
CFR part 82, subpart B.
Incorporation by reference allows
Federal agencies to comply with the
requirement to publish rules in the
Federal Register and the Code of
Federal Regulations by referring to
material already published elsewhere.
The legal effect of incorporation by
reference is that the material is treated
as if it were published in the Federal
Register and Code of Federal
Regulations.
SAE J2843, J2851, and J3030 are
available for purchase by mail at: SAE
Customer Service, 400 Commonwealth
Drive, Warrendale, PA 15096–0001;
Telephone: 1–877–606–7323 in the U.S.
or Canada (other countries dial 1–724–
776–4970); internet address for SAE
J2843: https://www.sae.org/standards/
content/j2843_201907; internet address
for SAE J2851: https://www.sae.org/
standards/content/j2851_201502;
internet address for SAE J3030: https://
www.sae.org/standards/content/j3030_
201507. The cost of SAE J2843, SAE
J2851, and SAE J3030 is $83 each for an
electronic or hard copy. The cost of
obtaining these standards is not a
significant financial burden for
manufacturers of MVACs or recovery
equipment manufacturers and purchase
is not required for those selling,
installing, or using the refrigerant
handling equipment covered by these
standards. Therefore, the EPA concludes
that SAE J2843, SAE J2851, and SAE
J3030 are reasonably available.
V. Response to Comments
The EPA received eight comments on
the proposed rule from individuals and
organizations with various interests in
the MVAC industry. Most commenters
supported the proposal to adopt SAE
J2843, J2851, and J3030 by incorporating
them by reference into the regulations
implementing CAA section 609. A few
commenters also suggested changes the
EPA should consider incorporating into
the CAA section 609 regulations or
requested additional information
concerning the three standards. Some of
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the commenters raised issues that are
outside the scope of this rulemaking and
the EPA is not providing a specific
response to those comments. We have
grouped comments together and
responded to the issues raised by the
commenters in the sections that follow.
A. Support for Adoption of the
Standards
Comment: Seven commenters
supported the proposal to adopt the
three SAE standards. One commenter
stated that adopting the standards
would reduce the amount of refrigerant
currently being used and needed to
meet future demand. One commenter
stated that adopting the standards
would establish clear guidance for the
automotive repair sector to ensure the
equipment and procedures being used
effectively support the overall goal of
reducing the global warming impact of
air conditioning. Another commenter
stated that having proper equipment,
usage/handling of the materials/vapors,
and being certified to use the equipment
is paramount to environmental
protection.
Response: EPA acknowledges the
comments and is adopting the three
standards as proposed.
B. Concerns Regarding SAE J3030
Comment: One commenter expressed
support for the adoption of SAE J2843
and J2851, but objected to the adoption
of SAE J3030, which covers R–134a and
R–1234yf dual refrigerant equipment.
The commenter stated that by allowing
machines to service both R–134a and R–
1234yf MVACs there is potential for
misuse and refrigerant crosscontamination, which would be
problematic for service providers,
consumers, original equipment
manufacturers (OEMs), and reclaimers
due to flammability concerns. The
commenter also stated that any
environmental benefit from the use of a
lower global warming potential (GWP)
refrigerant and carbon dioxide (CO2)equivalent credits 8 generated by OEMs
for mileage allowance from the
transition to R–1234yf will be lost if R–
134a is used to service R–1234yf
MVACs. Additionally, the commenter
also stated that the value of the
refrigerant for recovery, recycling, and
recharging would be lost as it would be
impossible to separate the refrigerants
from one another.
8 CO equivalence (CO e) expresses the global
2
2
warming potential of a greenhouse gas (for A/C,
hydrofluorocarbons) by normalizing that potency to
CO2’s. Thus, the maximum A/C credit for direct
emissions is the equivalent of 18.8 grams/mile of
CO2 for cars.
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Response: The EPA acknowledges the
commenter’s support for the adoption of
SAE J2843 and J2851. With regard to the
commenter’s concerns regarding SAE
J3030, the EPA does not agree that the
use of equipment certified to meet SAE
J3030 would result in crosscontamination of MVACs. SAE J3030
was developed to prevent the misuse
and tampering of servicing equipment,
the mixing of R–134a and R–1234yf, and
the contamination of MVACs by
technicians while a significant number
of vehicles with R–134a are in use and
R–1234yf is being used in an increasing
number of new motor vehicles. A
similar standard was developed to
certify equipment intended for use with
both R–12 to R–134a MVACs in 1995:
SAE J1770, Automotive Refrigerant
Recovery/Recycling Equipment Intended
for use With Both R12 and R134a
(Cancelled November 2010). SAE J1770
established specific minimum
equipment requirements for recovery/
recycling equipment intended for use
with both R–12 and R–134a in a
common refrigerant circuit that had
been directly removed from and
intended for reuse in MVACs. We have
no information suggesting that proper
use of equipment certified to SAE J1770
led to any increase in emissions of R–
12 or R–134a. Based on our experience
with SAE J1770, we are confident that
proper use of equipment certified to
SAE J3030 also will not lead to any
increase in emissions of R–134a.
The EPA acknowledges the potential
safety hazards, flammability risks, and
potential for cross-contamination when
multiple refrigerants are used to service
MVACs. The agency also acknowledges
the potential loss of environmental
benefits if a refrigerant other than the
one for which the vehicle is designed is
used to service the system. However,
incorporating SAE J3030 by reference
does not alter the regulatory
requirements governing which
refrigerants can be used for servicing.
Instead, as explained below, SAE J3030
was specifically designed to minimize
cross contamination and thus preserve
environmental benefits. The
commenter’s concern about a potential
loss of CO2e credits is also misplaced.
Under EPA’s light-duty Greenhouse Gas
(GHG) standards for MY 2017–2025,
vehicle manufacturers may generate
credits toward compliance with the
CO2e GHG emission standards, both for
improving the efficiency of MVACs and
for reducing MVAC HFC emissions by
reducing leakage or using alternative,
lower-GWP refrigerants. (see 40 CFR
86.1865–12 and 1867–12). Any credits a
manufacturer may generate at the time
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of vehicle production based on the use
of a specific MVAC refrigerant are not
affected by actions taken later at
facilities servicing those vehicles.
However, the expected GHG emission
reductions from the GHG program can
only be achieved if the proper
refrigerant is used throughout the useful
life of the vehicles, so avoiding cross
contamination of the servicing
equipment maintains the intended
benefits of the GHG program when
vehicle MVAC systems are recharged.
SAE J3030 was developed to mitigate
potential risks and concerns by
establishing equipment specifications
and testing procedures for certifying
laboratories to ensure that equipment
does not cross contaminate refrigerant
above specified limits when used under
normal operating conditions. For
example, as discussed in section 3.3 of
the standard, equipment certified to
SAE J3030 ‘‘must meet all feature
content and functional requirements of
both SAE J2788 for R–134a and SAE
J2843 for R–1234yf and pass all test
requirements of these standards. In
addition, it must pass a changeover test
to determine that any refrigerant crosscontamination is within the limits of
this standard.’’ Additionally, section
4.1.1 of the standard describes the
requirement for SAE J3030-certified
equipment to have ‘‘an electronicallycontrolled electro-mechanical lockout to
permit the recovery, recycle, recharge
sequence of either R–1234yf or R–134a.
If [the equipment determines that the
MVAC system] does not contain R–
1234yf or R–134a in the required purity,
it shall not permit refrigerant recovery.’’
For these reasons, we conclude that
proper use of equipment certified to
SAE J3030 is not related to GHG credits
generated by auto manufacturers and
will not lead to a loss in either the
expected environmental benefits of the
GHG program or CO2e credits.
C. Other Suggestions and Concerns
Comment: One commenter noted a
technical error in the title of SAE J2843
in the proposed regulatory text at 40
CFR 82.36(a)(8).
Response: The EPA appreciates this
comment and has corrected the title of
SAE J2843 in the final rule.
Comment: One commenter would like
to see more enforcement of the CAA 609
regulations as they pertain to
technicians and service shop owners.
The commenter requested that the EPA
require that all certified AC shops have
their technicians certified under the
ASE Refrigerant Recovery and Recycling
Program and provide proof when
applying for their business license. The
commenter also requested that the EPA
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require that proper storage procedures
are in place for refrigerants.
Additionally, the commenter voiced
concern about the cost to service centers
that would need to purchase new
equipment.
Response: The EPA acknowledges the
commenter’s suggestions. Comments
concerning enforcement, technician
certification, and refrigerant storage
procedures are beyond the scope of this
rulemaking and thus no response to
comments on those topics is required. In
this action, the EPA is solely adopting
by incorporating by reference the three
existing SAE standards that include
guidelines and requirements for
equipment designed to service R–1234yf
MVACs. The EPA did not propose and
is not requiring in this final rule that
service shops service R–1234yf MVACs.
Prior to the issuance of this final rule,
there was and continues to be certified
equipment that can be used by service
shops that choose to service MVACs
with R–1234yf and do not wish to use
equipment that meets the standards EPA
is adopting. This rule provides
additional flexibility to service shops by
expanding the universe of equipment
that may be certified for use by
technicians. As such, it does not impose
costs on service shops. With regards to
the commenter’s proposal that the EPA
require technicians to be certified under
the ASE Refrigerant Recovery and
Recycling Program, as noted above, the
EPA did not propose and is not making
any changes to the technician
certification requirements in this final
rule; EPA’s existing regulations
currently require that all technicians
who repair or service MVACs for
consideration be trained and certified by
one of the EPA-approved technician
training and certification programs,
which are listed at https://www.epa.gov/
mvac/section-609-technician-trainingand-certification-programs.
Comment: One commenter inquired
about studies regarding efficiency of the
standards, impacts of the standards for
vehicle manufacturers and service
centers, and the environmental benefits
of recycling versus discarding R–1234yf.
Response: With regard to the question
regarding efficiency of the standards, we
assume the commenter is asking about
the efficiency rate achieved by the
standards. As discussed above in
section II.B of this rule, SAE J2843
includes requirements established in
SAE J2788 that should result in an
efficient 95% refrigerant recovery rate
during MVAC servicing. Research
showed that equipment certified to meet
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SAE J2210 and SAE J1732 9 left as much
as 30% of the refrigerant in MVACs. As
a result of these findings, SAE
developed SAE J2788 and SAE J2810,
which require that equipment be
capable of recovering 95% of refrigerant
from MVACs. Regarding impacts on
vehicle manufacturers and service
centers, this action is intended to
provide additional flexibility for
industry stakeholders that wish to select
recovery and recycling equipment
certified to the three SAE standards.
This action should not affect vehicle
manufacturers and does not require the
purchase of R–1234yf MVAC servicing
equipment. Instead it adopts existing
SAE standards that include guidelines
and requirements for equipment
designed to service R–1234yf MVACs
safely and efficiently. Regarding the
question about the benefits of recycling
versus discarding R–1234yf, the EPA
did not propose and is neither requiring
nor prohibiting either destruction or
recycling of R–1234yf in this final rule,
and thus this issue is not relevant to this
rulemaking. Destruction of the
refrigerant remains a viable option for
service shops (e.g., service shops could
recover and send for destruction the
refrigerant if so desired). Under CAA
section 609, all refrigerant, including R–
1234yf, must be properly recycled or
reclaimed before it can be reused, even
if it is being returned to the vehicle from
which it was removed. We understand
that most service shops today choose to
recover and either recycle or send for
reclamation MVAC refrigerants.
Additionally, CAA section 608 and its
implementing regulations prohibit
knowingly venting or otherwise
knowingly releasing or disposing of
refrigerants such as R–1234yf when
maintaining, servicing, repairing, or
disposing of air conditioning or
refrigeration equipment, including
MVACs. When an MVAC system enters
the waste stream, the final person in the
disposal chain must recover the
refrigerant, or verify using a signed
statement or contract that the refrigerant
has been recovered, prior to disposal.
Additional information and
requirements regarding safe disposal is
available at https://www.epa.gov/
section608/stationary-refrigeration-safedisposal-requirements.
Comment: One commenter requested
that the EPA rely more on the
International Laboratory Accreditation
Cooperation accreditation framework for
assessments, monitoring, and granting
accreditations. The commenter further
requested that the EPA collaborate with
DOC/NIST/Standards Coordination
Office in order to provide consistent
guidance.
Response: The EPA also
acknowledges the commenter’s
additional suggestions; however, they
are outside the scope of this rulemaking,
so no response is required.
Comment: One commenter expressed
support for adoption of the three
standards and stated that they are
appropriate in that they help ensure the
efficacy of MVAC refrigerant recycling
equipment. The commenter, however,
stated that the EPA does not have
authority under CAA section 609 to
mandate the purchase and use of R–
1234yf servicing equipment and
strongly objected to any mandate that
requires the purchase and use of R–
1234yf MVAC servicing equipment by
dealerships because ‘‘R–1234yf is not an
[ozone-depleting substance (ODS)].’’
The commenter also objected to the
proposed changes to the definition of
‘‘properly using’’ that they asserted
would require the use of R–1234yf
MVAC servicing equipment in
conformity with the regulations at 40
CFR part 82, subpart B. The commenter
asserted that the rule ‘‘lacks both a
sufficient legal basis and any plausible
cost/benefit justification’’ and that
market-based decisions alone should be
considered.
Response: The EPA acknowledges the
commenter’s support for the adoption of
the three standards. In this action, the
EPA is adopting and incorporating by
reference the three existing SAE
standards to provide additional
flexibility for stakeholders who wish to
select recovery and recycling equipment
certified to the three standards. The EPA
did not propose and is not mandating in
this final rule that any person or
dealership that services vehicles use R–
1234yf or purchase or use R–1234yf
MVAC servicing equipment. The
commenter’s assertion that the EPA
does not have authority to mandate the
purchase and use of R–1234yf MVAC
servicing equipment is thus not relevant
to this action and requires no further
response. CAA section 609 gives the
EPA authority to promulgate regulations
establishing standards and requirements
regarding the servicing and repair of
MVAC and this action is taken pursuant
to that authority.10
9 SAE J2210 (HFC–134a (R–134a) Recovery/
Recycling Equipment for Mobile Air-Conditioning
Systems (Cancelled Nov. 2010)). SAE J1732 (HFC–
134a (R–134a) Refrigerant Recovery Equipment for
Mobile Automotive Air-Conditioning Systems
(Stabilized Nov. 2011)).
10 The commenter also referenced a final rule
published under CAA section 608 (85 FR 14150,
March 11, 2020). EPA notes that the March 2020
final rule issued by the agency’s National Recycling
and Emission Reduction Program is focused on
refrigerant management requirements and the scope
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For service shops that choose to
service MVACs, including R–1234yf
MVACs, the regulations requiring
technicians to use certified equipment
prior to service or repair have been in
place since 1992 (57 FR 31242; July 14,
1992). As mentioned above in section
II.B, the regulations issued in 1992
under CAA section 609, codified at 40
CFR part 82, subpart B, include, among
other things, a definition of
‘‘refrigerant’’ that includes any class I or
class II substance used in an MVAC, as
well as any substitute substance
effective November 15, 1995 (40 CFR
82.32(f)); prohibited and required
practices for persons repairing and
servicing MVACs for consideration (40
CFR 82.34); requirements for refrigerant
handling equipment (40 CFR 82.36);
approval processes for independent
standards testing organizations (40 CFR
82.38); requirements for certifications
that any person servicing or repairing
MVACs for consideration must submit
to the EPA, and related recordkeeping
requirements (40 CFR 82.42). The EPA
has neither reopened nor requested
comment on these requirements,
approval processes, and definition. This
action does not alter the requirement to
comply with the provisions in 40 CFR
part 82, subpart B. Instead, it expands
the types of equipment that can be
certified to service vehicles that use R–
1234yf. As such, this action provides a
benefit to stakeholders by expanding the
options available to and providing
additional flexibility for stakeholders
that choose to service vehicles that use
R–1234yf. Because this action does not
impose additional requirements but
instead provides additional options to
stakeholders, there are no compliance
costs associated with this action and the
commenter’s implicit suggestion that
the benefits don’t justify the costs is
thus misplaced. Additionally, the EPA
interprets the comment regarding
market-based decisions to mean that the
market alone should dictate whether
service shops purchase and use R–
1234yf MVAC servicing equipment,
rather than a legal mandate. As
mentioned earlier, the EPA did not
propose and is not mandating in this
final rule that any person or dealership
that services vehicles use R–1234yf or
purchase or use R–1234yf MVAC
servicing equipment. Rather, existing
EPA regulations that are not modified
by this action already require
stakeholders who chose to service or
repair vehicles that use R–1234yf to use
certified equipment.
of EPA’s authority under CAA section 608, which
is a distinct statutory provision from CAA section
609.
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Regarding the definition of ‘‘properly
using’’ at 40 CFR 82.32(e), this final rule
updates the definition of properly using
to add the three standards being
incorporated by reference at 40 CFR
82.36(a)(8)–(10) to the list of
recommended service procedures and
practices for the containment of
refrigerant. As mentioned above, the
agency is not mandating in this final
rule that service shops purchase or use
R–1234yf MVAC servicing equipment.
VI. 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.
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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 activities
contained in the existing regulations
and has assigned OMB control number
2060–0247. This rule contains no new
requirements for reporting or
recordkeeping.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. 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. This action
adopts and incorporates by reference
three existing technical standards
developed by SAE for equipment that
recovers, recycles, and/or recharges R–
1234yf in MVACs. We have therefore
concluded that this action will have no
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net regulatory burden for all directly
regulated small entities.
E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
Federal mandates or unfunded
mandates 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.
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 the
EPA does not believe the environmental
health or safety risks addressed by this
action present a disproportionate risk to
children. The EPA has not conducted a
separate analysis of risks to infants and
children associated with this final rule.
I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and
Advancement Act (NTTAA)
This action involves technical
standards for the servicing of MVACs
that use R–1234yf. The EPA is
incorporating by reference three
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industry consensus standards: SAE
J2843 ‘‘R–1234yf (HFO–1234yf)
Recovery/Recycling/Recharging
Equipment for Flammable Refrigerants
for Mobile Air-Conditioning Systems’’;
SAE J2851 ‘‘Recovery Equipment for
Contaminated R–134a or R–1234yf
Refrigerant from Mobile Automotive
Air-Conditioning Systems’’; and SAE
J3030 ‘‘Automotive Refrigerant
Recovery/Recycling/Recharging
Equipment Intended for use with Both
R–1234yf and R–134a.’’ Specifically,
these standards are:
1. SAE J2843: R–1234yf (HFO–1234yf)
Recovery/Recycling/Recharging
Equipment for Flammable Refrigerants
for Mobile Air-Conditioning Systems
(revised July 2019). This standard
applies to refrigerant handling
equipment intended for use with R–
1234yf refrigerant from MVACs only. It
establishes requirements for equipment
used to recover, recycle, and/or recharge
R–1234yf. This standard is available at
https://www.sae.org/standards/content/
j2843_201907.
2. SAE J2851: Recovery Equipment for
Contaminated R–134a or R–1234yf
Refrigerant from Mobile Automotive AirConditioning Systems (revised February
2015). This standard applies to recovery
equipment that removes contaminated
R–134a and/or R–1234yf from MVACs.
This standard is available at https://
www.sae.org/standards/content/j2851_
201502.
3. SAE J3030: Automotive Refrigerant
Recovery/Recycling/Recharging
Equipment Intended for use with Both
R–1234yf and R–134a (revised July
2015). This standard establishes the
minimum equipment requirements for
recovery/recycling/recharging
equipment intended for use with both
R–1234yf and R–134a in a common
refrigerant circuit that has been directly
removed from, and is intended for
reuse, in MVACs. This standard is
available at https://www.sae.org/
standards/content/j3030_201507.
These standards may be purchased by
mail at: SAE Customer Service, 400
Commonwealth Drive, Warrendale, PA
15096–0001; by telephone: 1–877–606–
7323 in the United States or 1–724–776–
4970 outside the United States or in
Canada. The cost of SAE J2843, SAE
J2851, and SAE J3030 is $81 each for an
electronic or hard copy. The cost of
obtaining these standards is not a
significant financial burden for
manufacturers of MVACs and purchase
is not required for those selling,
installing, or servicing MVACs.
Therefore, the EPA concludes that SAE
J2843, SAE J2851, and SAE J3030 are
reasonably available.
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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
This action does not have
disproportionately high and adverse
human health or environmental effects
on minority populations, low-income
populations and/or indigenous peoples,
as specified in Executive Order 12898
(59 FR 7629, February 16, 1994). This
action adopts and incorporate by
reference three technical standards for
equipment that recovers, recycles, and/
or recharges R–1234yf in MVACs. The
proper use of servicing equipment
prevents the intentional release of
refrigerant to the environment and
decreases the amount of such emissions
to which all affected populations are
exposed.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and
the 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).
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.
Jane Nishida,
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 B—Servicing of Motor Vehicle
Air Conditioners
■
2. Add § 82.31 to read as follows:
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§ 82.31
Incorporation by reference.
(a) Certain material is incorporated by
reference into this subpart part with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. You can obtain the
material from the sources listed in
paragraph (b) of this section. You may
inspect a copy of the approved material
at U.S. EPA’s Air and Radiation Docket;
EPA West Building, Room 3334, 1301
Constitution Ave. NW, Washington, DC,
VerDate Sep<11>2014
15:49 Mar 23, 2021
Jkt 253001
or at the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, email fedreg.legal@
nara.gov or go to www.archives.gov/
federal-register/cfr/ibr-locations.html.
(b) SAE International. SAE Customer
Service, 400 Commonwealth Drive,
Warrendale, PA 15096–0001 USA;
Email: CustomerService@sae.org;
Telephone: 1–877–606–7323 (U.S. and
Canada only) or 1–724–776–4970
(outside the U.S. and Canada); internet
address: https://store.sae.org/
dlabout.htm.
(1) SAE J2843TM. R–1234yf (HFO–
1234yf) Recovery/Recycling/Recharging
Equipment for Flammable Refrigerants
for Mobile Air-Conditioning Systems.
Revised July 2019; IBR approved for
§ 82.36(a).
(2) SAE J2851. Recovery Equipment
for Contaminated R–134a or R–1234yf
Refrigerant from Mobile Automotive Air
Conditioning Systems. Revised February
2015; IBR approved for § 82.36(a).
(3) SAE J3030. Automotive Refrigerant
Recovery/Recycling/Recharging
Equipment Intended for use with Both
R–1234yf and R–134a. Issued July 2015
(Note: SAE J3030 heading says
‘‘revised’’); IBR approved for § 82.36(a).
■ 3. Amend § 82.32 by revising
paragraph (e)(1) to read as follows:
§ 82.32
Definitions.
*
*
*
*
*
(e) * * *
(1) Properly using means using
equipment in conformity with the
regulations set forth in this subpart,
including but not limited to the
prohibitions and required practices set
forth in § 82.34, and the recommended
service procedures and practices for the
containment of refrigerant set forth in
§ 82.36(a) and appendices A, B, C, D, E,
and F to this subpart, as applicable. In
addition, this term includes operating
the equipment in accordance with the
manufacturer’s guide to operation and
maintenance and using the equipment
only for the controlled substance for
which the machine is designed. For
equipment that extracts and recycles
refrigerant, properly using also means to
recycle refrigerant before it is returned
to a motor vehicle air conditioner or
MVAC-like appliance, including to the
motor vehicle air conditioner or MVAClike appliance from which the
refrigerant was extracted. For equipment
that only recovers refrigerant, properly
using includes the requirement to
recycle the refrigerant on-site or send
the refrigerant off-site for reclamation.
*
*
*
*
*
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15595
4. Amend § 82.36 by revising
paragraph (a)(7) and adding paragraphs
(a)(8) through (10) to read as follows:
■
§ 82.36 Approved refrigerant handling
equipment.
(a) * * *
(7) Equipment that recovers but does
not recycle refrigerants other than CFC–
12, HFC–134a, and HFO–1234yf must
meet the standards set forth in appendix
F of this subpart (Recover-Only
Equipment that Extracts a Single,
Specific Refrigerant Other Than CFC–
12, HFC–134a, or HFO–1234yf).
(8) Equipment that recovers and
recycles HFO–1234yf refrigerant from
MVACs and recharges MVAC systems
with HFO–1234yf refrigerant must meet
the standards set forth in SAE J2843
(incorporated by reference, see § 82.31).
(9) Equipment that recovers but does
not recycle contaminated HFC–134a
and/or HFO–1234yf refrigerant from
MVACs must meet the standards set
forth in SAE J2851 (incorporated by
reference, see § 82.31).
(10) Equipment that recovers,
recycles, and recharges both HFO–
1234yf and R–134a from MVACs must
meet the standards set forth in SAE
J3030 (incorporated by reference, see
§ 82.31).
*
*
*
*
*
■ 5. Amend § 82.38 by revising
paragraph (a) to read as follows:
§ 82.38 Approved independent standards
testing organizations.
(a) Any independent standards testing
organization may apply for approval by
the Administrator to certify equipment
as meeting the standards in § 82.36(a)
and appendices A, B, C, D, E, and F to
this subpart, as applicable. The
application shall be sent to: MVACs
Recycling Program Manager,
Stratospheric Protection Division
(6205T), U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460.
*
*
*
*
*
■ 6. Amend § 82.40 by revising
paragraph (a)(2)(i) to read as follows:
§ 82.40 Technician training and
certification.
(a) * * *
(2) * * *
(i) The standards established for the
service and repair of MVACs and
MVAC-like appliances as set forth in
§ 82.36(a) and appendices A, B, C, D, E,
and F to this subpart. These standards
relate to the recommended service
procedures for the containment of
refrigerant, extraction equipment,
extraction and recycle equipment, and
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15596
Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations
the standard of purity for refrigerant in
motor vehicle air conditioners.
*
*
*
*
*
7. Amend appendix F to subpart B of
part 82 by revising the appendix
heading, the ‘‘Foreword’’ section,
sections 1 and 3.1, and the
‘‘Application’’ section to read as
follows:
■
Foreword
These specifications are for equipment that
recovers, but does not recycle, any single,
specific automotive refrigerant other than
CFC–12, HFC–134a, or HFO–1234yf,
including a blend refrigerant.
1. Scope
The purpose of this standard is to provide
equipment specifications for the recovery of
any single, specific refrigerant other than
CFC–12, HFC–134a, or HFO–1234yf,
including a blend refrigerant, which is either
(1) to be returned to a refrigerant reclamation
facility that will process the refrigerant to
ARI Standard 700–93 or equivalent new
product specifications at a minimum, or (2)
to be recycled in approved refrigerant
recycling equipment, or (3) to be destroyed.
This standard applies to equipment used to
service automobiles, light trucks, and other
vehicles with similar air conditioning
systems.
*
*
*
*
3.1 The equipment must be able to extract
from a mobile air conditioning system the
refrigerant other than CFC–12, HFC–134a, or
HFO–1234yf to which the equipment is
dedicated.
*
*
*
*
*
Application
The purpose of this standard is to provide
equipment specifications for the recovery of
any refrigerant other than CFC–12, HFC–
134a, or HFO–1234yf for return to a
refrigerant reclamation facility that will
process it to AHRI Standard 700 (or for
recycling in other EPA approved recycling
equipment, in the event that EPA in the
future designates a standard for equipment
capable of recycling refrigerants other than
CFC–12, HFC–134a, or HFO–1234yf).
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*
*
*
*
*
[FR Doc. 2021–05363 Filed 3–23–21; 8:45 am]
BILLING CODE 6560–50–P
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15:49 Mar 23, 2021
Jkt 253001
40 CFR Parts 281 and 282
[EPA–R04–UST–2019–0582; FRL–10014–
89–Region 4]
Appendix F to Subpart B of Part 82—
Standard for Recover-Only Equipment
That Extracts a Single, Specific
Refrigerant Other Than CFC–12, HFC–
134a, or R–1234yf
*
ENVIRONMENTAL PROTECTION
AGENCY
South Carolina: Final Approval of State
Underground Storage Tank Program
Revisions, Codification, and
Incorporation by Reference
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The State of South Carolina
(South Carolina or State) has applied to
the Environmental Protection Agency
(EPA) for final approval of revisions to
its Underground Storage Tank Program
(UST Program) under subtitle I of the
Resource Conservation and Recovery
Act (RCRA or Act). Pursuant to RCRA,
the EPA is taking direct final action,
subject to public comment, to approve
revisions to the UST Program. The EPA
has reviewed South Carolina’s revisions
and has determined that these revisions
satisfy all requirements needed for
approval. In addition, this action also
codifies the EPA’s approval of South
Carolina’s revised UST Program and
incorporates by reference those
provisions of the State statutes and
regulations that the EPA has determined
meet the requirements for approval.
DATES: This rule is effective May 24,
2021, unless the EPA receives adverse
comment by April 23, 2021. If the EPA
receives adverse comment, it will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. The
incorporation by reference of certain
publications listed in the regulations is
approved by the Director of the Federal
Register as of May 24, 2021.
ADDRESSES: Submit your comments by
one of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov (our
preferred method). Follow the online
instructions for submitting comments.
• Email: singh.ben@epa.gov. Include
the Docket ID No. EPA–R04–UST–2019–
0582 in the subject line of the message.
Instructions: Submit your comments,
identified by Docket ID No. EPA–R04–
UST–2019–0582, via the Federal
eRulemaking Portal at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from https://
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
SUMMARY:
PO 00000
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consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit:
https://www.epa.gov/dockets/
commenting-epa-dockets.
Out of an abundance of caution for
members of the public and our staff, the
public’s access to the EPA Region 4
Offices is by appointment only to
reduce the risk of transmitting COVID–
19. We encourage the public to submit
comments via https://
www.regulations.gov or via email. The
EPA encourages electronic comment
submittals, but if you are unable to
submit electronically or need other
assistance, please contact Ben Singh, the
contact listed in the FOR FURTHER
INFORMATION CONTACT provision below.
The index to the docket for this action
and all documents that form the basis of
this codification and associated publicly
available docket materials are available
for review on the https://
www.regulations.gov website. The EPA
encourages electronic reviewing of these
documents, but if you are unable to
review these documents electronically,
please contact Ben Singh to schedule an
appointment to view the documents at
the Region 4 Offices. Interested persons
wanting to examine these documents
should make an appointment at least
two weeks in advance. EPA Region 4
requires all visitors adhere to the
COVID–19 protocol, which requires face
coverings and social distancing.
Please also contact Ben Singh if you
need assistance in a language other than
English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you. For
further information on EPA Docket
Center services and the current status,
please visit us online at https://
www.epa.gov/dockets.
The EPA continues to carefully and
continuously monitor information from
the Centers for Disease Control and
Prevention (CDC), local area health
departments, and our Federal partners
so that we can respond rapidly as
conditions change regarding COVID–19.
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Agencies
[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Rules and Regulations]
[Pages 15587-15596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05363]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2013-0597; FRL-10014-63-OAR]
RIN 2060-A075
Protection of the Stratospheric Ozone: Motor Vehicle Air
Conditioning System Servicing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is adopting three
technical standards developed by SAE International (SAE) for equipment
that recovers, recycles, and/or recharges the refrigerant 2,3,3,3-
Tetrafluoroprop-1-ene (HFO-1234yf or R-1234yf) in motor vehicle air
conditioners (MVACs). The three standards are SAE J2843, SAE J2851, and
SAE J3030. This rule adopts the most current versions of these
standards by incorporating them by reference into the regulations under
Title VI of the Clean Air Act (CAA). This will provide additional
flexibility for industry stakeholders that wish to select recovery and
recycling equipment certified to these standards.
DATES: This final rule is effective on April 23, 2021, 30 days after
publication in the Federal Register. The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register as of April 23, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2013-0597. All documents in the docket are
listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available electronically through
www.regulations.gov.
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].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Does this action apply to me?
B. What acronyms and abbreviations are used in the preamble?
II. Background
A. CAA Section 609
B. Major Rules Under CAA Section 609
III. What is the EPA finalizing in this action?
A. What are the standards the EPA is adopting?
i. SAE J2843
ii. SAE J2851
iii. SAE J3030
B. What is the effect of adopting these standards?
IV. Incorporation by Reference
V. Response to Comments
A. Support for Adoption of the Standards
B. Concerns Regarding SAE J3030
C. Other Suggestions and Concerns
VI. 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 (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
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)
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
L. Congressional Review Act (CRA)
I. General Information
A. Does this action apply to me?
Regulated entities, identified by the North American Industrial
Classification System (NAICS) Code, may include, but are not limited
to, the following which all fall under the category of ``Industry'':
New and used car dealers (NAICS code 441110)
Gas service stations (NAICS codes 447110 and 447190)
General automotive repair shops (NAICS code 811111)
Automotive repair shops not elsewhere classified, including
air conditioning and radiator specialty shops (NAICS code 811198)
Other motor vehicle parts manufacturing (NAICS code 336390)
[[Page 15588]]
This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. Other types of entities not listed above could also be
regulated. To determine whether your entity is regulated by this
action, you should carefully examine the applicability criteria found
in CAA section 609, and relevant implementing regulations at 40 CFR
part 82, subpart B. If you have questions regarding the applicability
of this action to a particular entity, consult the person listed in the
FOR FURTHER INFORMATION CONTACT section.
B. What acronyms and abbreviations are used in the preamble?
AHRI Air-Conditioning, Heating, and Refrigeration Institute,
formerly Air-Conditioning and Refrigeration Institute (ARI)
ASHRAE American Society of Heating, Refrigerating and Air-
Conditioning Engineers
CAA Clean Air Act
CFC Chlorofluorocarbon
CFR Code of Federal Regulations
EPA United States Environmental Protection Agency
ETL ETL Testing Laboratories
HCFC Hydrochlorofluorocarbon
HFC Hydrofluorocarbon
HFO Hydrofluoroolefin
ICCSC Interior Climate Control Standards Committee
MVACs Motor Vehicle Air Conditioners
MY Model Year
NAICS North American Industrial Classification System
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
SAE SAE International, formerly the Society of Automotive Engineers
SNAP Significant New Alternatives Policy
UMRA Unfunded Mandates Reform Act
UL Underwriters Laboratories
II. Background
A. CAA section 609
CAA section 609 directs the EPA to issue regulations establishing
standards and requirements for the servicing of MVACs. For purposes of
the regulations implementing CAA section 609, MVACs \1\ are defined as
equipment that use mechanical vapor compression refrigeration to cool
the driver's or passenger's compartment of any motor vehicle. This
definition is not intended to encompass the hermetically sealed
refrigeration systems used on motor vehicles for refrigerated cargo and
the air conditioning systems on passenger buses using
hydrochlorofluorocarbons (HCFC)-22 or R-22 refrigerant. For purposes of
the section 609 regulations, motor vehicle is defined as any vehicle
which is self-propelled and designed for transporting persons or
property on a street or highway, including but not limited to passenger
cars, light-duty vehicles, and heavy-duty vehicles. This definition
does not include a vehicle where final assembly of the vehicle has not
been completed by the original equipment manufacturer.
---------------------------------------------------------------------------
\1\ A related definition for MVAC-like is found at 40 CFR
82.152: MVAC-like appliance means a mechanical vapor compression,
open-drive compressor appliance with a full charge of 20 pounds or
less of refrigerant used to cool the driver's or passenger's
compartment of off-road vehicles or equipment. This includes, but is
not limited to, the air-conditioning equipment found on agricultural
or construction vehicles. This definition is not intended to cover
appliances using R-22 refrigerant.
---------------------------------------------------------------------------
Under CAA section 609 and regulations that implement it, no person
repairing or servicing motor vehicles for consideration (e.g., payment
or bartering) may perform any service on an MVAC that involves the
refrigerant \2\ without properly using approved refrigerant recovery or
recovery and recycling equipment, and no such person may perform such
service for consideration unless such person has been properly trained
and certified. Section 609 also restricts the sale of class I and class
II substances for use as a refrigerant in MVACs in containers of 20
pounds or less, except to certified technicians. Class I substances
(chlorofluorocarbons (CFCs), halons, carbon tetrachloride, methyl
chloroform, methyl bromide, hydrobromofluorocarbons, and
chlorobromomethane) and class II substances (HCFCs) are ozone-depleting
compounds and are listed in 40 CFR part 82, subpart A, appendices A and
B, respectively.
---------------------------------------------------------------------------
\2\ Section 609(b)(1) defines the term ``refrigerant,'' ``[a]s
used in this section'', to mean ``any class I or class II substance
used in a motor vehicle air conditioner. Effective 5 years after
November 15, 1990, the term `refrigerant' shall also include any
substitute substance.''
---------------------------------------------------------------------------
Regulations issued under CAA section 609, codified at 40 CFR part
82, subpart B, include, among other things, prohibited and required
practices for persons repairing and servicing MVACs for consideration
(40 CFR 82.34); requirements for refrigerant handling equipment (40 CFR
82.36); approval processes for independent standards testing
organizations (40 CFR 82.38); requirements for certifications that any
person servicing or repairing MVACs for consideration must submit to
the EPA, and related recordkeeping requirements (40 CFR 82.42).
Appendices A-F at 40 CFR part 82, subpart B, provide minimum operating
requirements for equipment used for the recovery, recycling and/or
recharging of refrigerant used in MVACs.
B. Major Rules Under CAA Section 609
In 1992, the EPA published a rule (57 FR 31242; July 14, 1992)
under CAA section 609 establishing standards and requirements for
servicing of MVACs and restricting the sale of small containers of
ozone-depleting substances. The regulations, which appear in 40 CFR
part 82, subpart B, require persons who repair or service MVACs for
consideration to be certified in refrigerant recovery and recycling and
to properly use approved equipment when performing service involving
the refrigerant. Consistent with the definition in CAA section
609(b)(1), ``refrigerant'' is defined in subpart B as any class I or
class II substance used in MVACs, and to include any substitute
substance effective November 15, 1995. The 1992 rule also defined
approved refrigerant recycling equipment as equipment certified by the
Administrator or an approved organization as meeting either one of the
standards in 40 CFR 82.36. Such equipment extracts and recycles
refrigerant or extracts but does not recycle refrigerant, allowing that
refrigerant to be subsequently recycled on-site or to be sent off-site
for reclamation.\3\ The EPA based the regulatory equipment standards in
subpart B on those developed by SAE. They cover service procedures for
dichlorodifluoromethane (CFC-12 or R-12) recover/recycle equipment (SAE
J1989, issued in October 1989), test procedures to evaluate R-12
recover/recycle equipment (SAE J1990, issued in October 1989 and
revised in 1991) and a purity standard for recycled R-12 refrigerant
(SAE J1991, issued in October 1989). Only equipment certified to meet
the standards set forth in appendix A at 40 CFR part 82, subpart B, or
that meet the criteria for substantially identical equipment, was
approved under CAA section 609 for use in the servicing of MVACs at
that time.
---------------------------------------------------------------------------
\3\ Equipment that extracts and recycles refrigerant is referred
to as recover/recycle equipment. Equipment that extracts but does
not recycle refrigerant is referred to as equipment that recovers
but does not recycle refrigerant, or as recover-only equipment.
---------------------------------------------------------------------------
The 1992 rule also implemented the statutory prohibition on the
sale or distribution of any class I or class II substance suitable for
use in MVACs that is in a container of less than 20 pounds, to anyone
other than a properly trained and certified section 609 technician. The
rule also contained standards by which: (1) An independent
[[Page 15589]]
standards testing organization may apply to the agency for approval to
test and certify refrigerant recycling equipment; and (2) a training
and certification program may apply to the agency for approval to train
and certify technicians in the proper use of refrigerant recycling
equipment for MVACs. Underwriters Laboratories (UL) and Intertek
(formerly ETL Testing Laboratories (ETL)) are the approved independent
standards testing organizations that currently certify equipment using
the standards that appear in appendix A of 40 CFR part 82, subpart B.
Finally, the 1992 rule established recordkeeping and reporting
requirements that include: Certifying that only properly trained and
certified individuals are repairing or servicing MVACs for
consideration; certifying the use of approved recycling equipment and
that each individual authorized to use the equipment has obtained the
proper training and certification; and requiring that owners of
approved refrigerant recycling equipment retain records demonstrating
that all persons authorized to operate the equipment obtained the
required certification.
In 1995, the EPA issued a rule (60 FR 21682; May 2, 1995)
establishing regulatory standards, based on standards developed by SAE,
which applied to certification of R-12 recover-only equipment, in
appendix B at 40 CFR part 82, subpart B. Specifically, for recover-only
equipment, the agency adopted the recommended service procedure for the
containment of R-12 (SAE J1989, issued in October 1989 and set forth in
subpart B, appendix B) and test procedures to evaluate recover-only
equipment (SAE J2209, issued in June 1992). The definition of
``approved refrigerant recycling equipment'' was revised in the 1995
rule to include this recover-only equipment. UL and ETL were also
approved to certify recover-only equipment. Finally, service
technicians previously certified to handle recover/recycle equipment
were grandfathered so that they would not have to be recertified to
handle recover-only equipment.
The EPA issued a third rule under CAA section 609 in 1997 (62 FR
68026; December 30, 1997) in response to the increasing use of
alternative refrigerants, particularly 1,1,1,2-tetrafluoroethane (HFC-
134a or R-134a). The 1997 rule established standards and requirements
for the servicing of MVACs that use any refrigerant other than R-12.
The rule also stated refrigerant (whether R-12 or a substitute)
recovered from motor vehicles at motor vehicle disposal facilities may
be re-used in the MVAC service sector only if it has been properly
recovered and recycled by persons who are either employees, owners, or
operators of the facilities, or technicians certified under CAA section
609, using approved equipment. The 1997 rule also established
conditions under which owners and operators of motor vehicle disposal
facilities may sell refrigerant recovered from such vehicles to
technicians certified under CAA section 609.
Additionally, the 1997 rule established standards for recover/
recycle and recovery/recycling/recharging equipment for R-134a;
recover-only equipment for R-12, R-134a, and hydrofluoroolefin (HFO)-
1234yf or R-1234yf; recycling equipment intended for use with both R-12
and R-134a; and recover-only equipment for a single refrigerant other
than R-12 or R-134a. The 1997 rule established appendices C through F
at 40 CFR part 82, subpart B. Specifically, appendix C contains
standards based on SAE J2788 for recovery/recycling and recovery/
recycling/recharging equipment for R-134a refrigerant. Appendix D is
based upon SAE J1732 and establishes standards for recover-only
equipment for R-134a. Appendix E contains standards for recover-only
equipment for both R-12 and R-134a, while appendix F establishes
standards for recover-only equipment for any single refrigerant other
than R-12 and R-134a.
Since the publication of the 1997 rule, the EPA has published two
rules, one in 2007 (72 FR 63490; November 9, 2007) and one in 2008 (73
FR 34644; June 18, 2008), to reflect updated SAE standards. Test
results from the SAE Improved Mobile Air Conditioning Cooperative
Research Project,\4\ an MVAC industry sponsored research project,
showed that equipment certified to meet SAE J2210 and SAE J1732 \5\
left as much as 30% of the refrigerant in MVACs. As a result of these
findings, SAE developed SAE J2788 and SAE J2810, which require that
equipment be capable of recovering 95% of refrigerant from MVACs. The
two rules adopted SAE J2788 and SAE J2810, which replaced SAE J2210 and
SAE J1732, respectively, allowing for an increased percent of
refrigerant to be recovered during servicing.
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\4\ SAE, Improved Mobile Air Conditioning Cooperative Research
Program. https://www.regulations.gov/document?D=EPA-HQ-OAR-2006-0428-0003 and https://www.regulations.gov/document?D=EPA-HQ-OAR-2008-0231-0002.
\5\ SAE J2210 (HFC-134a (R-134a) Recovery/Recycling Equipment
for Mobile Air-Conditioning Systems (Cancelled Nov 2010)). SAE J1732
(HFC-134a (R-134a) Refrigerant Recovery Equipment for Mobile
Automotive Air-Conditioning Systems (Stabilized Nov 2011)).
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III. What is the EPA finalizing in this action?
The EPA is amending 40 CFR part 82, subpart B, Sec. Sec. 82.32,
82.36, 82.38, and 82.40 to adopt three equipment standards for the
servicing of MVACs that use the refrigerant R-1234yf by incorporating
them by reference into the CAA section 609 regulations. The standards
provide technical specifications for equipment used for servicing MVACs
containing R-1234yf consistent with CAA section 609 regulations,
codified at 40 CFR part 82, subpart B. The refrigerant R-1234yf was
listed by the EPA's Significant New Alternatives Policy (SNAP) program
as acceptable, subject to use conditions, in MVACs in new cars and new
light-duty trucks (76 FR 17488; March 29, 2011), and in certain new
heavy-duty vehicles--new medium-duty passenger vehicles, new heavy-duty
pickup trucks, and new complete heavy-duty vans (81 FR 86778; December
1, 2016).
The existing regulations at 40 CFR 82.34 state that no person
repairing or servicing MVACs for consideration may perform any service
involving refrigerant for such MVACs without properly using equipment
approved pursuant to 40 CFR 82.36. This final rule adds equipment
certified to meet SAE J2843, J2851, and J3030 to the equipment approved
under CAA section 609 implementing regulations to recover, recycle,
and/or recharge the refrigerant R-1234yf for MVACs.
A. What are the standards the EPA is adopting?
The EPA is adopting the following three equipment standards for the
servicing of MVACs that use R-1234yf:
SAE J2843 (revised July 2019), ``R-1234yf [HFO-1234yf]
Recovery/Recycling/Recharging Equipment for Flammable Refrigerants for
Mobile Air-Conditioning Systems;''
SAE J2851 (revised February 2015), ``Recovery Equipment
for Contaminated R-134a or R-1234yf Refrigerant from Mobile Air
Conditioning Systems;'' and
SAE J3030 (revised July 2015), ``Automotive Refrigerant
Recovery/Recycling/Recharging Equipment Intended for use with Both R-
1234yf and R-134a.''
SAE J2843, J2851, and J3030 were developed by SAE, which is a
global association of more than 138,000 engineers and related technical
experts in the aerospace, automotive, and commercial-vehicle
industries. The SAE Interior Climate Control Standards Committee
(ICCSC) consists of five sub-
[[Page 15590]]
committees: Steering, Service, Fluids, MAC Supplier, and Vehicle OEM.
The SAE ICCSC includes representatives from across the MVAC industry,
including system component manufacturers, automobile manufacturers,
servicing equipment manufacturers, and refrigerant manufacturers. The
members of each committee have expertise in that area and are
responsible for the development of SAE standards or recommended
practice documents. The committee has published more than 50 documents
and has an HS-2900 handbook that includes standards on safety,
refrigerants, components, testing, service procedures, service
equipment, and training. Each of the SAE Ground Vehicle Standards
(e.g., SAE J2843, J2851, and J3030) for technical specifications
related to MVAC servicing undergoes a rigorous peer review process. The
EPA has previously cited some of these standards in regulations.
The three SAE standards that are being adopted and incorporated by
reference relate to recycling, recovery, and/or recharging of R-1234yf.
R-1234yf has gained significant market share in motor vehicles since
its introduction in the 2013 model year (MY). According to the 2019 EPA
Automotive Trends Report, in the 2018 MY, use of R-1234yf has grown to
13 manufacturers (accounting for more than 60% of the US new vehicle
fleet) and some manufacturers have implemented R-1234yf across their
entire vehicle brands.\6\ This increased use of R-1234yf will lead to
more MVACs needing to be serviced and/or repaired compared to when R-
1234yf was first introduced. Adopting SAE J2843, J2851, and J3030 will
assist technicians choosing to repair or service MVACs containing R-
1234yf to properly use approved refrigerant handling equipment when
performing any service involving the refrigerant. As R-1234yf is
classified by the American Society of Heating, Refrigerating and Air-
Conditioning Engineers (ASHRAE) as mildly flammable, the equipment
meeting these standards must have electrical components deemed
acceptable for exposure to refrigerants at that level of flammability,
ensuring the safety of technicians. This rule also increases industry
flexibility in selecting proper recovery, recycling, and recharging
equipment by expanding the available options. Adoption of the standards
also helps to mitigate the risk to human health and the environment by
directing technicians towards equipment that should limit unintentional
releases of automotive refrigerant during the service or repair of
MVACs. Moreover, use of equipment that meets SAE J2843, J2851, and
J3030 should reduce mixing of refrigerants. Preventing the mixing of
refrigerants facilitates refrigerant recycling and reduces releases
into the atmosphere. Equipment meeting the three standards are capable
of near-complete recovery of refrigerant from such MVACs. Below is
further description of each standard.
---------------------------------------------------------------------------
\6\ EPA, 2019. Automotive Trends Report. Available at: https://www.epa.gov/automotive-trends/download-automotive-trends-report.
---------------------------------------------------------------------------
i. SAE J2843
SAE J2843 (revised July 2019) establishes standards for equipment
that recovers, recycles, and/or recharges R-1234yf in MVACs. This
standard applies to equipment intended for use with R-1234yf
refrigerant only. Equipment meeting this standard must be capable of
recovering refrigerant within 30 minutes, which is consistent with
other SAE standards, resulting in convenience for the car owner as well
as the technician. The recycling capabilities of equipment meeting SAE
J2843 can return the refrigerant to the same level of purity as newly
manufactured (virgin) refrigerant, ensuring that the refrigerant
recharged into the system will provide the same level of performance
and durability as virgin refrigerant. This recycling allows for the
continued use of recovered refrigerant. Prior to recharging an MVAC,
service technicians using equipment meeting this standard can check for
leaks that could be repaired to avoid refrigerant releases. Maintaining
a properly charged MVAC should result in efficient operation.
ii. SAE J2851
SAE J2851 (revised February 2015) establishes minimum performance
and operating standards for equipment that recovers contaminated R-134a
and/or R-1234yf refrigerant from MVACs. Refrigerant recovered with this
equipment cannot be recycled on-site and instead should be returned to
an EPA-approved reclamation facility that will process it appropriately
as per Air-Conditioning, Heating, and Refrigeration Institute (AHRI)
700 standard entitled Specifications for Refrigerants. Refrigerant
recovery equipment should ensure adequate refrigerant recovery and
reduce emissions during the removal of refrigerant from MVACs.
iii. SAE J3030
SAE J3030 (revised July 2015) establishes the minimum requirements
for recovery/recycling/recharging equipment intended for use to service
MVACs that contain either R-1234yf or R-134a. New equipment capable of
performing any service on MVACs that involves recovery of, recycling
of, or recharging with either R-134a or R-1234yf would be required to
meet SAE J3030 requirements for both refrigerants. The dual-refrigerant
equipment covered by this standard may be useful given that R-134a and
R-1234yf are both widely used in motor vehicles in the United States.
Equipment certified to J3030 are designed to prevent contamination when
switching between refrigerants.
B. What is the effect of adopting these standards?
Adopting these standards will assist approved independent standards
testing organizations (currently UL and Intertek) in certifying
equipment for commercial refrigerant recovery/recycling/recharging that
meet the EPA's minimum performance requirements. In addition, service
and repair shops would be required to use equipment certified to meet
SAE J2843, J2851, and J3030 when servicing MVACs using R-1234yf.
The EPA's amendments to 40 CFR 82.36 revise paragraph (a)(7) and
add paragraphs (a)(8), (9), (10). These revisions establish that
servicing equipment manufactured to meet SAE J2843, J2851, or J3030
that is certified by the EPA (or by an independent standards testing
organization approved by the EPA under 40 CFR 82.38) may be used for
repairing or servicing MVACs consistent with 40 CFR 82.34(a)(1). The
EPA is also amending 40 CFR 82.32(e)(1), 82.38, and 82.40 to include
references to 40 CFR 82.36(a)(8)-(10). The revisions to 40 CFR
82.32(e)(1) update the definition of the term ``properly using'' to add
the standards incorporated by reference at 40 CFR 82.36(a)(8)-(10) to
the list of recommended service procedures and practices for the
containment of refrigerant. The revisions to 40 CFR 82.38 allow
independent standards testing organizations to apply for approval to
certify equipment as meeting the standards incorporated by reference at
40 CFR 82.36(a)(8)-(10), as well as the currently existing standards in
appendices A, B, C, D, E, and F. The revisions to 40 CFR 82.40 add the
standards incorporated by reference at 40 CFR 82.36(a)(8)-(10) to the
list of standards that any technician training program seeking approval
must demonstrate are covered by their certification tests. It would be
appropriate for approved technician training and certification programs
to update their materials to reflect the
[[Page 15591]]
standards incorporated by reference at 40 CFR 82.36(a)(8)-(10) and to
submit a summary of the conforming changes to the Administrator as part
of the summary required by 40 CFR 40.82(c). Current regulations at 40
CFR 82.36 contain the requirements for approved refrigerant handling
equipment, including the requirement for certification of such
equipment by the EPA or an independent, standards testing organization
approved by the EPA. The Agency maintains a list of approved equipment
by manufacturer and model at: https://www.epa.gov/mvac/section-609-certified-equipment.
Lastly, the EPA is amending appendix F to subpart B of part 82.
This appendix contains specifications for recovery equipment that
extracts a single, specific refrigerant other than those named in the
other appendices to subpart B. Since the EPA is adding standards for
recovery equipment for MVACs containing R-1234yf, the EPA is noting
that as appropriate, in this appendix.
Existing EPA regulations that are not modified by this action
require stakeholders who chose to service or repair vehicles that use
R-1234yf to use certified equipment. Equipment certified to meet SAE
J2843, J2851, and J3030 will provide additional flexibility for
industry stakeholders and protect human health and the environment. Use
of equipment that meets the three standards also supports compliance
with the prohibition in section 608(c) of the CAA on knowingly venting
or otherwise knowingly releasing or disposing of refrigerant in a
manner that allows the refrigerant to enter the environment in the
course of servicing, maintaining, repairing, or disposing of an
appliance. In addition, proper handling of R-1234yf is important given
it is listed by ASHRAE as an A2L refrigerant meaning it is mildly
flammable.\7\
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\7\ 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 (i.e., A = no evidence of
toxicity, B = signifies toxicity) and the numeral denotes the
flammability. 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.
---------------------------------------------------------------------------
IV. Incorporation by Reference
The EPA is adopting the following three standards by incorporating
them by reference--SAE J2843 (revised July 2019), ``R-1234yf (HFO-
1234yf) Recovery/Recycling/Recharging Equipment for Flammable
Refrigerants for Mobile Air-Conditioning Systems;'' SAE J2851 (revised
February 2015) ``Recovery Equipment for Contaminated R-134a or R-1234yf
Refrigerant from Mobile Automotive Air-Conditioning Systems;'' and SAE
J3030 (revised July 2015) ``Automotive Refrigerant Recovery/Recycling/
Recharging Equipment Intended for use with Both R-1234yf and R-134a.''
Section III.A. of this preamble discusses these standards in greater
detail. This action approves and provides technical specifications for
MVAC recovery/recycling/recharging equipment so that it may be used for
R-1234yf under CAA section 609 and 40 CFR part 82, subpart B.
Incorporation by reference allows Federal agencies to comply with
the requirement to publish rules in the Federal Register and the Code
of Federal Regulations by referring to material already published
elsewhere. The legal effect of incorporation by reference is that the
material is treated as if it were published in the Federal Register and
Code of Federal Regulations.
SAE J2843, J2851, and J3030 are available for purchase by mail at:
SAE Customer Service, 400 Commonwealth Drive, Warrendale, PA 15096-
0001; Telephone: 1-877-606-7323 in the U.S. or Canada (other countries
dial 1-724-776-4970); internet address for SAE J2843: https://www.sae.org/standards/content/j2843_201907; internet address for SAE
J2851: https://www.sae.org/standards/content/j2851_201502; internet
address for SAE J3030: https://www.sae.org/standards/content/j3030_201507. The cost of SAE J2843, SAE J2851, and SAE J3030 is $83
each for an electronic or hard copy. The cost of obtaining these
standards is not a significant financial burden for manufacturers of
MVACs or recovery equipment manufacturers and purchase is not required
for those selling, installing, or using the refrigerant handling
equipment covered by these standards. Therefore, the EPA concludes that
SAE J2843, SAE J2851, and SAE J3030 are reasonably available.
V. Response to Comments
The EPA received eight comments on the proposed rule from
individuals and organizations with various interests in the MVAC
industry. Most commenters supported the proposal to adopt SAE J2843,
J2851, and J3030 by incorporating them by reference into the
regulations implementing CAA section 609. A few commenters also
suggested changes the EPA should consider incorporating into the CAA
section 609 regulations or requested additional information concerning
the three standards. Some of the commenters raised issues that are
outside the scope of this rulemaking and the EPA is not providing a
specific response to those comments. We have grouped comments together
and responded to the issues raised by the commenters in the sections
that follow.
A. Support for Adoption of the Standards
Comment: Seven commenters supported the proposal to adopt the three
SAE standards. One commenter stated that adopting the standards would
reduce the amount of refrigerant currently being used and needed to
meet future demand. One commenter stated that adopting the standards
would establish clear guidance for the automotive repair sector to
ensure the equipment and procedures being used effectively support the
overall goal of reducing the global warming impact of air conditioning.
Another commenter stated that having proper equipment, usage/handling
of the materials/vapors, and being certified to use the equipment is
paramount to environmental protection.
Response: EPA acknowledges the comments and is adopting the three
standards as proposed.
B. Concerns Regarding SAE J3030
Comment: One commenter expressed support for the adoption of SAE
J2843 and J2851, but objected to the adoption of SAE J3030, which
covers R-134a and R-1234yf dual refrigerant equipment. The commenter
stated that by allowing machines to service both R-134a and R-1234yf
MVACs there is potential for misuse and refrigerant cross-
contamination, which would be problematic for service providers,
consumers, original equipment manufacturers (OEMs), and reclaimers due
to flammability concerns. The commenter also stated that any
environmental benefit from the use of a lower global warming potential
(GWP) refrigerant and carbon dioxide (CO2)-equivalent
credits \8\ generated by OEMs for mileage allowance from the transition
to R-1234yf will be lost if R-134a is used to service R-1234yf MVACs.
Additionally, the commenter also stated that the value of the
refrigerant for recovery, recycling, and recharging would be lost as it
would be impossible to separate the refrigerants from one another.
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\8\ CO2 equivalence (CO2e) expresses the
global warming potential of a greenhouse gas (for A/C,
hydrofluorocarbons) by normalizing that potency to CO2's.
Thus, the maximum A/C credit for direct emissions is the equivalent
of 18.8 grams/mile of CO2 for cars.
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[[Page 15592]]
Response: The EPA acknowledges the commenter's support for the
adoption of SAE J2843 and J2851. With regard to the commenter's
concerns regarding SAE J3030, the EPA does not agree that the use of
equipment certified to meet SAE J3030 would result in cross-
contamination of MVACs. SAE J3030 was developed to prevent the misuse
and tampering of servicing equipment, the mixing of R-134a and R-
1234yf, and the contamination of MVACs by technicians while a
significant number of vehicles with R-134a are in use and R-1234yf is
being used in an increasing number of new motor vehicles. A similar
standard was developed to certify equipment intended for use with both
R-12 to R-134a MVACs in 1995: SAE J1770, Automotive Refrigerant
Recovery/Recycling Equipment Intended for use With Both R12 and R134a
(Cancelled November 2010). SAE J1770 established specific minimum
equipment requirements for recovery/recycling equipment intended for
use with both R-12 and R-134a in a common refrigerant circuit that had
been directly removed from and intended for reuse in MVACs. We have no
information suggesting that proper use of equipment certified to SAE
J1770 led to any increase in emissions of R-12 or R-134a. Based on our
experience with SAE J1770, we are confident that proper use of
equipment certified to SAE J3030 also will not lead to any increase in
emissions of R-134a.
The EPA acknowledges the potential safety hazards, flammability
risks, and potential for cross-contamination when multiple refrigerants
are used to service MVACs. The agency also acknowledges the potential
loss of environmental benefits if a refrigerant other than the one for
which the vehicle is designed is used to service the system. However,
incorporating SAE J3030 by reference does not alter the regulatory
requirements governing which refrigerants can be used for servicing.
Instead, as explained below, SAE J3030 was specifically designed to
minimize cross contamination and thus preserve environmental benefits.
The commenter's concern about a potential loss of CO2e
credits is also misplaced. Under EPA's light-duty Greenhouse Gas (GHG)
standards for MY 2017-2025, vehicle manufacturers may generate credits
toward compliance with the CO2e GHG emission standards, both
for improving the efficiency of MVACs and for reducing MVAC HFC
emissions by reducing leakage or using alternative, lower-GWP
refrigerants. (see 40 CFR 86.1865-12 and 1867-12). Any credits a
manufacturer may generate at the time of vehicle production based on
the use of a specific MVAC refrigerant are not affected by actions
taken later at facilities servicing those vehicles. However, the
expected GHG emission reductions from the GHG program can only be
achieved if the proper refrigerant is used throughout the useful life
of the vehicles, so avoiding cross contamination of the servicing
equipment maintains the intended benefits of the GHG program when
vehicle MVAC systems are recharged.
SAE J3030 was developed to mitigate potential risks and concerns by
establishing equipment specifications and testing procedures for
certifying laboratories to ensure that equipment does not cross
contaminate refrigerant above specified limits when used under normal
operating conditions. For example, as discussed in section 3.3 of the
standard, equipment certified to SAE J3030 ``must meet all feature
content and functional requirements of both SAE J2788 for R-134a and
SAE J2843 for R-1234yf and pass all test requirements of these
standards. In addition, it must pass a changeover test to determine
that any refrigerant cross-contamination is within the limits of this
standard.'' Additionally, section 4.1.1 of the standard describes the
requirement for SAE J3030-certified equipment to have ``an
electronically-controlled electro-mechanical lockout to permit the
recovery, recycle, recharge sequence of either R-1234yf or R-134a. If
[the equipment determines that the MVAC system] does not contain R-
1234yf or R-134a in the required purity, it shall not permit
refrigerant recovery.'' For these reasons, we conclude that proper use
of equipment certified to SAE J3030 is not related to GHG credits
generated by auto manufacturers and will not lead to a loss in either
the expected environmental benefits of the GHG program or
CO2e credits.
C. Other Suggestions and Concerns
Comment: One commenter noted a technical error in the title of SAE
J2843 in the proposed regulatory text at 40 CFR 82.36(a)(8).
Response: The EPA appreciates this comment and has corrected the
title of SAE J2843 in the final rule.
Comment: One commenter would like to see more enforcement of the
CAA 609 regulations as they pertain to technicians and service shop
owners. The commenter requested that the EPA require that all certified
AC shops have their technicians certified under the ASE Refrigerant
Recovery and Recycling Program and provide proof when applying for
their business license. The commenter also requested that the EPA
require that proper storage procedures are in place for refrigerants.
Additionally, the commenter voiced concern about the cost to service
centers that would need to purchase new equipment.
Response: The EPA acknowledges the commenter's suggestions.
Comments concerning enforcement, technician certification, and
refrigerant storage procedures are beyond the scope of this rulemaking
and thus no response to comments on those topics is required. In this
action, the EPA is solely adopting by incorporating by reference the
three existing SAE standards that include guidelines and requirements
for equipment designed to service R-1234yf MVACs. The EPA did not
propose and is not requiring in this final rule that service shops
service R-1234yf MVACs. Prior to the issuance of this final rule, there
was and continues to be certified equipment that can be used by service
shops that choose to service MVACs with R-1234yf and do not wish to use
equipment that meets the standards EPA is adopting. This rule provides
additional flexibility to service shops by expanding the universe of
equipment that may be certified for use by technicians. As such, it
does not impose costs on service shops. With regards to the commenter's
proposal that the EPA require technicians to be certified under the ASE
Refrigerant Recovery and Recycling Program, as noted above, the EPA did
not propose and is not making any changes to the technician
certification requirements in this final rule; EPA's existing
regulations currently require that all technicians who repair or
service MVACs for consideration be trained and certified by one of the
EPA-approved technician training and certification programs, which are
listed at https://www.epa.gov/mvac/section-609-technician-training-and-certification-programs.
Comment: One commenter inquired about studies regarding efficiency
of the standards, impacts of the standards for vehicle manufacturers
and service centers, and the environmental benefits of recycling versus
discarding R-1234yf.
Response: With regard to the question regarding efficiency of the
standards, we assume the commenter is asking about the efficiency rate
achieved by the standards. As discussed above in section II.B of this
rule, SAE J2843 includes requirements established in SAE J2788 that
should result in an efficient 95% refrigerant recovery rate during MVAC
servicing. Research showed that equipment certified to meet
[[Page 15593]]
SAE J2210 and SAE J1732 \9\ left as much as 30% of the refrigerant in
MVACs. As a result of these findings, SAE developed SAE J2788 and SAE
J2810, which require that equipment be capable of recovering 95% of
refrigerant from MVACs. Regarding impacts on vehicle manufacturers and
service centers, this action is intended to provide additional
flexibility for industry stakeholders that wish to select recovery and
recycling equipment certified to the three SAE standards. This action
should not affect vehicle manufacturers and does not require the
purchase of R-1234yf MVAC servicing equipment. Instead it adopts
existing SAE standards that include guidelines and requirements for
equipment designed to service R-1234yf MVACs safely and efficiently.
Regarding the question about the benefits of recycling versus
discarding R-1234yf, the EPA did not propose and is neither requiring
nor prohibiting either destruction or recycling of R-1234yf in this
final rule, and thus this issue is not relevant to this rulemaking.
Destruction of the refrigerant remains a viable option for service
shops (e.g., service shops could recover and send for destruction the
refrigerant if so desired). Under CAA section 609, all refrigerant,
including R-1234yf, must be properly recycled or reclaimed before it
can be reused, even if it is being returned to the vehicle from which
it was removed. We understand that most service shops today choose to
recover and either recycle or send for reclamation MVAC refrigerants.
Additionally, CAA section 608 and its implementing regulations prohibit
knowingly venting or otherwise knowingly releasing or disposing of
refrigerants such as R-1234yf when maintaining, servicing, repairing,
or disposing of air conditioning or refrigeration equipment, including
MVACs. When an MVAC system enters the waste stream, the final person in
the disposal chain must recover the refrigerant, or verify using a
signed statement or contract that the refrigerant has been recovered,
prior to disposal. Additional information and requirements regarding
safe disposal is available at https://www.epa.gov/section608/stationary-refrigeration-safe-disposal-requirements.
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\9\ SAE J2210 (HFC-134a (R-134a) Recovery/Recycling Equipment
for Mobile Air-Conditioning Systems (Cancelled Nov. 2010)). SAE
J1732 (HFC-134a (R-134a) Refrigerant Recovery Equipment for Mobile
Automotive Air-Conditioning Systems (Stabilized Nov. 2011)).
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Comment: One commenter requested that the EPA rely more on the
International Laboratory Accreditation Cooperation accreditation
framework for assessments, monitoring, and granting accreditations. The
commenter further requested that the EPA collaborate with DOC/NIST/
Standards Coordination Office in order to provide consistent guidance.
Response: The EPA also acknowledges the commenter's additional
suggestions; however, they are outside the scope of this rulemaking, so
no response is required.
Comment: One commenter expressed support for adoption of the three
standards and stated that they are appropriate in that they help ensure
the efficacy of MVAC refrigerant recycling equipment. The commenter,
however, stated that the EPA does not have authority under CAA section
609 to mandate the purchase and use of R-1234yf servicing equipment and
strongly objected to any mandate that requires the purchase and use of
R-1234yf MVAC servicing equipment by dealerships because ``R-1234yf is
not an [ozone-depleting substance (ODS)].'' The commenter also objected
to the proposed changes to the definition of ``properly using'' that
they asserted would require the use of R-1234yf MVAC servicing
equipment in conformity with the regulations at 40 CFR part 82, subpart
B. The commenter asserted that the rule ``lacks both a sufficient legal
basis and any plausible cost/benefit justification'' and that market-
based decisions alone should be considered.
Response: The EPA acknowledges the commenter's support for the
adoption of the three standards. In this action, the EPA is adopting
and incorporating by reference the three existing SAE standards to
provide additional flexibility for stakeholders who wish to select
recovery and recycling equipment certified to the three standards. The
EPA did not propose and is not mandating in this final rule that any
person or dealership that services vehicles use R-1234yf or purchase or
use R-1234yf MVAC servicing equipment. The commenter's assertion that
the EPA does not have authority to mandate the purchase and use of R-
1234yf MVAC servicing equipment is thus not relevant to this action and
requires no further response. CAA section 609 gives the EPA authority
to promulgate regulations establishing standards and requirements
regarding the servicing and repair of MVAC and this action is taken
pursuant to that authority.\10\
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\10\ The commenter also referenced a final rule published under
CAA section 608 (85 FR 14150, March 11, 2020). EPA notes that the
March 2020 final rule issued by the agency's National Recycling and
Emission Reduction Program is focused on refrigerant management
requirements and the scope of EPA's authority under CAA section 608,
which is a distinct statutory provision from CAA section 609.
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For service shops that choose to service MVACs, including R-1234yf
MVACs, the regulations requiring technicians to use certified equipment
prior to service or repair have been in place since 1992 (57 FR 31242;
July 14, 1992). As mentioned above in section II.B, the regulations
issued in 1992 under CAA section 609, codified at 40 CFR part 82,
subpart B, include, among other things, a definition of ``refrigerant''
that includes any class I or class II substance used in an MVAC, as
well as any substitute substance effective November 15, 1995 (40 CFR
82.32(f)); prohibited and required practices for persons repairing and
servicing MVACs for consideration (40 CFR 82.34); requirements for
refrigerant handling equipment (40 CFR 82.36); approval processes for
independent standards testing organizations (40 CFR 82.38);
requirements for certifications that any person servicing or repairing
MVACs for consideration must submit to the EPA, and related
recordkeeping requirements (40 CFR 82.42). The EPA has neither reopened
nor requested comment on these requirements, approval processes, and
definition. This action does not alter the requirement to comply with
the provisions in 40 CFR part 82, subpart B. Instead, it expands the
types of equipment that can be certified to service vehicles that use
R-1234yf. As such, this action provides a benefit to stakeholders by
expanding the options available to and providing additional flexibility
for stakeholders that choose to service vehicles that use R-1234yf.
Because this action does not impose additional requirements but instead
provides additional options to stakeholders, there are no compliance
costs associated with this action and the commenter's implicit
suggestion that the benefits don't justify the costs is thus misplaced.
Additionally, the EPA interprets the comment regarding market-based
decisions to mean that the market alone should dictate whether service
shops purchase and use R-1234yf MVAC servicing equipment, rather than a
legal mandate. As mentioned earlier, the EPA did not propose and is not
mandating in this final rule that any person or dealership that
services vehicles use R-1234yf or purchase or use R-1234yf MVAC
servicing equipment. Rather, existing EPA regulations that are not
modified by this action already require stakeholders who chose to
service or repair vehicles that use R-1234yf to use certified
equipment.
[[Page 15594]]
Regarding the definition of ``properly using'' at 40 CFR 82.32(e),
this final rule updates the definition of properly using to add the
three standards being incorporated by reference at 40 CFR 82.36(a)(8)-
(10) to the list of recommended service procedures and practices for
the containment of refrigerant. As mentioned above, the agency is not
mandating in this final rule that service shops purchase or use R-
1234yf MVAC servicing equipment.
VI. 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
activities contained in the existing regulations and has assigned OMB
control number 2060-0247. This rule contains no new requirements for
reporting or recordkeeping.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. 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. This action adopts and incorporates by
reference three existing technical standards developed by SAE for
equipment that recovers, recycles, and/or recharges R-1234yf in MVACs.
We have therefore concluded that this action will have no net
regulatory burden for all directly regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any Federal mandates or unfunded
mandates 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.
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 the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. The EPA has not conducted a separate analysis of risks to
infants and children associated with this final rule.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This action involves technical standards for the servicing of MVACs
that use R-1234yf. The EPA is incorporating by reference three industry
consensus standards: SAE J2843 ``R-1234yf (HFO-1234yf) Recovery/
Recycling/Recharging Equipment for Flammable Refrigerants for Mobile
Air-Conditioning Systems''; SAE J2851 ``Recovery Equipment for
Contaminated R-134a or R-1234yf Refrigerant from Mobile Automotive Air-
Conditioning Systems''; and SAE J3030 ``Automotive Refrigerant
Recovery/Recycling/Recharging Equipment Intended for use with Both R-
1234yf and R-134a.'' Specifically, these standards are:
1. SAE J2843: R-1234yf (HFO-1234yf) Recovery/Recycling/Recharging
Equipment for Flammable Refrigerants for Mobile Air-Conditioning
Systems (revised July 2019). This standard applies to refrigerant
handling equipment intended for use with R-1234yf refrigerant from
MVACs only. It establishes requirements for equipment used to recover,
recycle, and/or recharge R-1234yf. This standard is available at
https://www.sae.org/standards/content/j2843_201907.
2. SAE J2851: Recovery Equipment for Contaminated R-134a or R-
1234yf Refrigerant from Mobile Automotive Air-Conditioning Systems
(revised February 2015). This standard applies to recovery equipment
that removes contaminated R-134a and/or R-1234yf from MVACs. This
standard is available at https://www.sae.org/standards/content/j2851_201502.
3. SAE J3030: Automotive Refrigerant Recovery/Recycling/Recharging
Equipment Intended for use with Both R-1234yf and R-134a (revised July
2015). This standard establishes the minimum equipment requirements for
recovery/recycling/recharging equipment intended for use with both R-
1234yf and R-134a in a common refrigerant circuit that has been
directly removed from, and is intended for reuse, in MVACs. This
standard is available at https://www.sae.org/standards/content/j3030_201507.
These standards may be purchased by mail at: SAE Customer Service,
400 Commonwealth Drive, Warrendale, PA 15096-0001; by telephone: 1-877-
606-7323 in the United States or 1-724-776-4970 outside the United
States or in Canada. The cost of SAE J2843, SAE J2851, and SAE J3030 is
$81 each for an electronic or hard copy. The cost of obtaining these
standards is not a significant financial burden for manufacturers of
MVACs and purchase is not required for those selling, installing, or
servicing MVACs. Therefore, the EPA concludes that SAE J2843, SAE
J2851, and SAE J3030 are reasonably available.
[[Page 15595]]
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
This action does not have disproportionately high and adverse human
health or environmental effects on minority populations, low-income
populations and/or indigenous peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994). This action adopts and
incorporate by reference three technical standards for equipment that
recovers, recycles, and/or recharges R-1234yf in MVACs. The proper use
of servicing equipment prevents the intentional release of refrigerant
to the environment and decreases the amount of such emissions to which
all affected populations are exposed.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and the 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).
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.
Jane Nishida,
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 B--Servicing of Motor Vehicle Air Conditioners
0
2. Add Sec. 82.31 to read as follows:
Sec. 82.31 Incorporation by reference.
(a) Certain material is incorporated by reference into this subpart
part with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. You can obtain the material from the
sources listed in paragraph (b) of this section. You may inspect a copy
of the approved material at U.S. EPA's Air and Radiation Docket; EPA
West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC, or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected] or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
(b) SAE International. SAE Customer Service, 400 Commonwealth
Drive, Warrendale, PA 15096-0001 USA; Email: [email protected];
Telephone: 1-877-606-7323 (U.S. and Canada only) or 1-724-776-4970
(outside the U.S. and Canada); internet address: https://store.sae.org/dlabout.htm.
(1) SAE J2843\TM\. R-1234yf (HFO-1234yf) Recovery/Recycling/
Recharging Equipment for Flammable Refrigerants for Mobile Air-
Conditioning Systems. Revised July 2019; IBR approved for Sec.
82.36(a).
(2) SAE J2851. Recovery Equipment for Contaminated R-134a or R-
1234yf Refrigerant from Mobile Automotive Air Conditioning Systems.
Revised February 2015; IBR approved for Sec. 82.36(a).
(3) SAE J3030. Automotive Refrigerant Recovery/Recycling/Recharging
Equipment Intended for use with Both R-1234yf and R-134a. Issued July
2015 (Note: SAE J3030 heading says ``revised''); IBR approved for Sec.
82.36(a).
0
3. Amend Sec. 82.32 by revising paragraph (e)(1) to read as follows:
Sec. 82.32 Definitions.
* * * * *
(e) * * *
(1) Properly using means using equipment in conformity with the
regulations set forth in this subpart, including but not limited to the
prohibitions and required practices set forth in Sec. 82.34, and the
recommended service procedures and practices for the containment of
refrigerant set forth in Sec. 82.36(a) and appendices A, B, C, D, E,
and F to this subpart, as applicable. In addition, this term includes
operating the equipment in accordance with the manufacturer's guide to
operation and maintenance and using the equipment only for the
controlled substance for which the machine is designed. For equipment
that extracts and recycles refrigerant, properly using also means to
recycle refrigerant before it is returned to a motor vehicle air
conditioner or MVAC-like appliance, including to the motor vehicle air
conditioner or MVAC-like appliance from which the refrigerant was
extracted. For equipment that only recovers refrigerant, properly using
includes the requirement to recycle the refrigerant on-site or send the
refrigerant off-site for reclamation.
* * * * *
0
4. Amend Sec. 82.36 by revising paragraph (a)(7) and adding paragraphs
(a)(8) through (10) to read as follows:
Sec. 82.36 Approved refrigerant handling equipment.
(a) * * *
(7) Equipment that recovers but does not recycle refrigerants other
than CFC-12, HFC-134a, and HFO-1234yf must meet the standards set forth
in appendix F of this subpart (Recover-Only Equipment that Extracts a
Single, Specific Refrigerant Other Than CFC-12, HFC-134a, or HFO-
1234yf).
(8) Equipment that recovers and recycles HFO-1234yf refrigerant
from MVACs and recharges MVAC systems with HFO-1234yf refrigerant must
meet the standards set forth in SAE J2843 (incorporated by reference,
see Sec. 82.31).
(9) Equipment that recovers but does not recycle contaminated HFC-
134a and/or HFO-1234yf refrigerant from MVACs must meet the standards
set forth in SAE J2851 (incorporated by reference, see Sec. 82.31).
(10) Equipment that recovers, recycles, and recharges both HFO-
1234yf and R-134a from MVACs must meet the standards set forth in SAE
J3030 (incorporated by reference, see Sec. 82.31).
* * * * *
0
5. Amend Sec. 82.38 by revising paragraph (a) to read as follows:
Sec. 82.38 Approved independent standards testing organizations.
(a) Any independent standards testing organization may apply for
approval by the Administrator to certify equipment as meeting the
standards in Sec. 82.36(a) and appendices A, B, C, D, E, and F to this
subpart, as applicable. The application shall be sent to: MVACs
Recycling Program Manager, Stratospheric Protection Division (6205T),
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460.
* * * * *
0
6. Amend Sec. 82.40 by revising paragraph (a)(2)(i) to read as
follows:
Sec. 82.40 Technician training and certification.
(a) * * *
(2) * * *
(i) The standards established for the service and repair of MVACs
and MVAC-like appliances as set forth in Sec. 82.36(a) and appendices
A, B, C, D, E, and F to this subpart. These standards relate to the
recommended service procedures for the containment of refrigerant,
extraction equipment, extraction and recycle equipment, and
[[Page 15596]]
the standard of purity for refrigerant in motor vehicle air
conditioners.
* * * * *
0
7. Amend appendix F to subpart B of part 82 by revising the appendix
heading, the ``Foreword'' section, sections 1 and 3.1, and the
``Application'' section to read as follows:
Appendix F to Subpart B of Part 82--Standard for Recover-Only Equipment
That Extracts a Single, Specific Refrigerant Other Than CFC-12, HFC-
134a, or R-1234yf
Foreword
These specifications are for equipment that recovers, but does
not recycle, any single, specific automotive refrigerant other than
CFC-12, HFC-134a, or HFO-1234yf, including a blend refrigerant.
1. Scope
The purpose of this standard is to provide equipment
specifications for the recovery of any single, specific refrigerant
other than CFC-12, HFC-134a, or HFO-1234yf, including a blend
refrigerant, which is either (1) to be returned to a refrigerant
reclamation facility that will process the refrigerant to ARI
Standard 700-93 or equivalent new product specifications at a
minimum, or (2) to be recycled in approved refrigerant recycling
equipment, or (3) to be destroyed. This standard applies to
equipment used to service automobiles, light trucks, and other
vehicles with similar air conditioning systems.
* * * * *
3.1 The equipment must be able to extract from a mobile air
conditioning system the refrigerant other than CFC-12, HFC-134a, or
HFO-1234yf to which the equipment is dedicated.
* * * * *
Application
The purpose of this standard is to provide equipment
specifications for the recovery of any refrigerant other than CFC-
12, HFC-134a, or HFO-1234yf for return to a refrigerant reclamation
facility that will process it to AHRI Standard 700 (or for recycling
in other EPA approved recycling equipment, in the event that EPA in
the future designates a standard for equipment capable of recycling
refrigerants other than CFC-12, HFC-134a, or HFO-1234yf).
* * * * *
[FR Doc. 2021-05363 Filed 3-23-21; 8:45 am]
BILLING CODE 6560-50-P