Protection of Stratospheric Ozone: Listing of Substitutes Under the Significant New Alternatives Policy Program in Refrigeration, Air Conditioning, and Fire Suppression, 26382-26430 [2023-08663]
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Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2021–0836; FRL–6399–02–
OAR]
RIN 2060–AT78
Protection of Stratospheric Ozone:
Listing of Substitutes Under the
Significant New Alternatives Policy
Program in Refrigeration, Air
Conditioning, and Fire Suppression
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the U.S.
Environmental Protection Agency’s
Significant New Alternatives Policy
program, this action lists certain
substances as acceptable, subject to use
conditions, in the refrigeration and air
conditioning sector for chillers—
comfort cooling, residential
dehumidifiers, residential and light
commercial air conditioning and heat
pumps, and a substance as acceptable,
subject to use conditions and narrowed
use limits, in very low temperature
refrigeration. Through this action, EPA
is incorporating by reference standards
which establish requirements for
electrical air conditioners, heat pumps,
and dehumidifiers, laboratory
equipment containing refrigerant, safe
use of flammable refrigerants, and safe
design, construction, installation, and
operation of refrigeration systems.
Finally, this action lists certain
substances as acceptable, subject to use
conditions, in the fire suppression
sector for certain streaming and total
flooding uses.
DATES: This rule is effective May 30,
2023. The incorporation by reference of
certain material listed in the rule is
approved by the Director of the Federal
Register as of May 30, 2023. The
incorporation by reference of certain
other material listed in the rule was
approved by the Director of the Federal
Register as of May 11, 2015 and
September 7, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2021–0836. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
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SUMMARY:
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available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov or in hard copy at
the Air and Radiation Docket, EPA/DC,
EPA West, Room 3334, 1301
Constitution Avenue NW, Washington,
DC 20460. The Docket Center’s hours of
operations are 8:30 a.m.–4:30 p.m.,
Monday–Friday (except Federal
Holidays). For further information on
EPA Docket Center services and the
current status, please visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Holly Tapani, Stratospheric Protection
Division, Office of Atmospheric
Protection (Mail Code 6205A),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone number: 202–564–
0679; email address: tapani.holly@
epa.gov. Notices and rulemakings under
EPA’s Significant New Alternatives
Policy program are available on EPA’s
SNAP website at https://www.epa.gov/
snap/snap-regulations.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Executive Summary and Background
B. Does this action apply to me?
C. What acronyms and abbreviations are
used in the preamble?
II. What is EPA finalizing in this action?
A. Chillers—Listing of HFO–1234yf, HFC–
32, R–452B, R–454A, R–454B, and R–
454C as Acceptable, Subject to Use
Conditions, for Use in New Chiller
Equipment Used in Comfort Cooling,
Including Both Commercial AC and
Industrial Process Air Conditioning
(IPAC)
1. Background on Chillers—Commercial
AC and IPAC
2. What are the ASHRAE classifications for
refrigerant flammability?
3. What are HFO–1234yf, HFC–32, R–452B,
R–454A, R–454B, and R–454C and how
do they compare to other refrigerants in
the same end-use?
4. Why is EPA finalizing these specific use
conditions?
5. What additional information is EPA
including in these final listings?
6. How is EPA responding to comments on
chillers?
B. Residential Dehumidifiers—Listing of
HFO–1234yf, HFC–32, R–452B, R–454A,
R–454B, and R–454C as Acceptable,
Subject to Use Conditions, for Use in
New Residential Dehumidifiers
1. Background on Residential
Dehumidifiers
2. What are the ASHRAE classifications for
refrigerant flammability?
3. What are HFO–1234yf, HFC–32, R–452B,
R–454A, R–454B, and R–454C and how
do they compare to other refrigerants in
the same end-use?
4. Why is EPA finalizing these specific use
conditions?
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5. What additional information is EPA
including in these final listings?
6. How is EPA responding to comments on
residential dehumidifiers?
C. Non-Residential Dehumidifiers—
Decision Not To Finalize the Proposed
Listing of HFC–32 as Acceptable, Subject
to Use Conditions, for Use in New NonResidential Dehumidifiers
1. Why is EPA not finalizing the proposal
to list HFC–32 as acceptable, subject to
use conditions, in new non-residential
dehumidifiers?
2. How is EPA responding to comments on
non-residential dehumidifiers?
D. Residential and Light Commercial AC
and Heat Pumps (HPs)—Revision of Use
Conditions Provided in the Previous
Listing of HFC–32 as Acceptable for Use
in New Self-Contained Room ACs and
HPs
1. Background on Self-Contained Room
ACs and HPs
2. What are the ASHRAE classifications for
refrigerant flammability?
3. What is HFC–32 and how does it
compare to other refrigerants in the same
end-use?
4. What use conditions previously applied
to this refrigerant in this end-use
category?
5. What updates to the use conditions is
EPA finalizing?
6. How do the updated use conditions
differ from the previous requirements
and why is EPA finalizing the change to
the use conditions?
7. What is the acceptability status of HFC–
32 in self-contained room ACs and HPs?
8. What additional information is EPA
including in these final listings?
9. How is EPA responding to comments on
updating use conditions for HFC–32 in
self-contained AC and HPs?
E. Use Conditions and Further Information
in Final Listings for Chillers, Residential
Dehumidifiers, and HFC–32 SelfContained Room ACs and HPs
1. What use conditions is EPA finalizing
and why?
2. What additional information is EPA
including in these final listings?
3. How is EPA responding to comments on
use conditions and further information
for chillers, residential dehumidifiers,
and HFC–32 self-contained room ACs
and HPs?
F. Very Low Temperature Refrigeration
(VLTR)—Listing of R–1150 as
Acceptable, Subject to Use Conditions
and Narrowed Use Limits, for Use in
New VLTR
1. Background on VLTR
2. What is EPA’s final listing decision for
R–1150?
3. What is R–1150 and how does it
compare to other refrigerants in the same
end-use?
4. What use conditions is EPA finalizing?
5. Why is EPA finalizing these specific use
conditions?
6. What narrowed use limits is EPA
finalizing?
7. Why is EPA finalizing these specific
narrowed use limits?
8. What additional information is EPA
including in this final listing?
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9. How is EPA responding to comments on
VLTR?
G. Streaming and Total Flooding Fire
Suppression—Listing of 2-bromo-3,3,3trifluoropropene (2–BTP) as Acceptable,
Subject to Use Conditions, as a
Streaming Agent in Non-Residential
Applications and as a Total Flooding
Agent in Normally Unoccupied Spaces
Under 500 ft3
1. Background on Streaming and Total
Flooding Fire Suppression
2. What is EPA’s final listing decision for
2–BTP?
3. What is 2–BTP and how does it compare
to other fire suppressants in the same
end-uses?
4. What use conditions is EPA finalizing?
5. Why is EPA finalizing these specific use
conditions?
6. How is EPA responding to comments on
2–BTP?
H. Total Flooding Fire Suppression—
Listing of EXXFIRE® as Acceptable,
Subject to Use Conditions, for Use in
Normally Unoccupied Spaces
1. What is EPA’s final listing decision for
EXXFIRE®?
2. What is EXXFIRE® and how does it
compare to other fire suppressants in the
same end-use?
3. What use conditions is EPA finalizing
and why?
4. How is EPA responding to comments on
EXXFIRE®?
I. Total Flooding Fire Suppression—Listing
of Powdered Aerosol H (PyroquenchaTM) as Acceptable, Subject to Use
Conditions, for Use in Normally
Unoccupied Spaces
1. What is EPA’s final listing decision for
Powdered Aerosol H?
2. What is Powdered Aerosol H and how
does it compare to other fire
suppressants in the same end-use?
3. What use conditions is EPA finalizing
and why?
4. How is EPA responding to comments on
Powdered Aerosol H?
J. How is EPA responding to other
comments?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act and 1 CFR Part 51
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
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K. Congressional Review Act (CRA)
IV. References
I. General information
A. Executive Summary and Background
This action finalizes listings of new
alternatives for the refrigeration and air
conditioning (AC) and fire suppression
sectors. Specifically, EPA is:
• Listing hydrofluoroolefin (HFO)1234yf, hydrofluorocarbon (HFC)-32, R–
452B, R–454A, R–454B, and R–454C as
acceptable, subject to use conditions, for
use in chillers used in comfort cooling,
including commercial AC and industrial
process AC (IPAC);
• Listing HFO–1234yf, HFC–32, R–
452B, R–454A, R–454B, and R–454C as
acceptable, subject to use conditions, for
use in residential dehumidifiers;
• Listing HFC–32 as acceptable,
subject to use conditions, for use in selfcontained room ACs and heat pumps
(HPs);
• Listing R–1150 as acceptable,
subject to use conditions and narrowed
use limits, for use in very low
temperature refrigeration (VLTR);
• Listing 2-bromo-3,3,3trifluoropropene (2–BTP) as acceptable,
subject to use conditions, in streaming—
for non-residential use, except home
offices and boats—and total flooding—
in normally unoccupied spaces under
500 ft3;
• Listing EXXFIRE® as acceptable,
subject to use conditions, in total
flooding—for normally unoccupied
areas; and
• Listing Powdered Aerosol H, also
known as Pyroquench-aTM, as
acceptable, subject to use conditions, in
total flooding—for normally unoccupied
areas.
EPA is finalizing these new listings
after its evaluation of human health and
environmental information for these
substitutes in the refrigeration and AC
sector and the fire suppression sector
under the Significant New Alternatives
Policy (SNAP) program based on the
information that EPA has included in
the docket. This action provides
additional flexibility for industry by
providing new options in specific uses.
SNAP Program Background
The SNAP program implements
section 612 of the Clean Air Act (CAA).
Several major provisions of section 612
are:
1. Rulemaking
Section 612(c) requires EPA to
promulgate rules making it unlawful to
replace any class I (chlorofluorocarbon
(CFC), halon, carbon tetrachloride,
methyl chloroform, methyl bromide,
hydrobromofluorocarbon, and
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chlorobromomethane) or class II
(hydrochlorofluorocarbon (HCFC))
ozone depleting substance (ODS) with
any substitute that the Administrator
determines may present adverse effects
to human health or the environment
where the Administrator has identified
an alternative that (1) reduces the
overall risk to human health and the
environment and (2) is currently or
potentially available.
2. Listing of Unacceptable/Acceptable
Substitutes
Section 612(c) requires EPA to
publish a list of the substitutes that it
finds to be unacceptable for specific
uses and to publish a corresponding list
of acceptable substitutes for specific
uses.
3. Petition Process
Section 612(d) grants the right to any
person to petition EPA to add a
substance to, or delete a substance from,
the lists published in accordance with
section 612(c).
4. 90-Day Notification
Section 612(e) directs EPA to require
any person who produces a chemical
substitute for a class I substance to
notify the Agency not less than 90 days
before a new or existing chemical is
introduced into interstate commerce for
significant new use as a substitute for a
class I substance. The producer must
also provide the Agency with the
producer’s unpublished health and
safety studies on such substitutes.
The regulations for the SNAP program
are promulgated at 40 Code of Federal
Regulations (CFR) part 82, subpart G,
and the Agency’s process for reviewing
SNAP submissions is described in
regulations at 40 CFR 82.180. Under
these rules, the Agency has identified
five types of listing decisions:
acceptable; acceptable, subject to use
conditions; acceptable, subject to
narrowed use limits; unacceptable; and
pending (40 CFR 82.180(b)). Use
conditions and narrowed use limits are
both considered ‘‘use restrictions,’’ as
described below. Substitutes that are
deemed acceptable with no use
restrictions (no use conditions or
narrowed use limits) can be used for all
applications within the relevant enduses in the sector. After reviewing a
substitute, the Agency may determine
that a substitute is acceptable only if
certain conditions in the way that the
substitute is used are met, to minimize
risks to human health and the
environment. EPA describes such
substitutes as ‘‘acceptable, subject to use
conditions’’ (40 CFR 82.180(b)(2)). For
some substitutes, the Agency may
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permit a narrowed range of use within
an end-use or sector. For example, the
Agency may limit the use of a substitute
to certain end-uses or specific
applications within an industry sector.
EPA describes these substitutes as
‘‘acceptable, subject to narrowed use
limits.’’ Under the narrowed use limit,
users intending to adopt these
substitutes ‘‘must ascertain that other
alternatives are not technically
feasible.’’ (40 CFR 82.180(b)(3)).
In making decisions regarding
whether a substitute is acceptable or
unacceptable, and whether substitutes
present risks that are lower than or
comparable to risks from other
substitutes that are currently or
potentially available in the end-uses
under consideration, EPA examines the
criteria in 40 CFR 82.180(a)(7)(i)
through (vii):
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‘‘(i) Atmospheric effects and related health
and environmental impacts; (ii) General
population risks from ambient exposure to
compounds with direct toxicity and to
increased ground-level ozone; (iii) Ecosystem
risks; (iv) Occupational risks; (v) Consumer
risks; (vi) Flammability; and (vii) Cost and
availability of the substitute.’’.
Many SNAP listings include
‘‘comments’’ or ‘‘further information’’ to
provide additional information on
substitutes. Since this additional
information is not part of the regulatory
decision under SNAP, these statements
are not binding for use of the substitute
under the SNAP program. However,
regulatory requirements so listed are
binding under other regulatory
programs (e.g., worker protection
regulations promulgated by the U.S.
Occupational Safety and Health
Administration (OSHA)). The ‘‘further
information’’ classification does not
necessarily include all other legal
obligations pertaining to the use of the
substitute. While the items listed are not
legally binding under the SNAP
program, EPA encourages users of
substitutes to apply all statements in the
‘‘Further Information’’ column in their
use of these substitutes. In many
instances, the information simply refers
to sound operating practices that have
already been identified in existing
industry and/or building codes or
standards. Thus, many of the
statements, if adopted, would not
require the affected user to make
significant changes in existing operating
practices.
For additional information on the
SNAP program, visit the SNAP website
at https://www.epa.gov/snap. The full
lists of acceptable substitutes for ODS in
all industrial sectors are available at
https://www.epa.gov/snap/snapsubstitutes-sector. For more information
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on the Agency’s process for
administering the SNAP program or
criteria for evaluation of substitutes,
refer to the initial SNAP rulemaking
published March 18, 1994 (59 FR
13044), codified at 40 CFR part 82,
subpart G. SNAP decisions and the
appropriate Federal Register citations
can be found at: https://www.epa.gov/
snap/snap-regulations. Substitutes
listed as unacceptable; acceptable,
subject to narrowed use limits; or
acceptable, subject to use conditions,
are also listed in the appendices to 40
CFR part 82, subpart G.
B. Does this action apply to me?
The following list identifies regulated
entities that may be affected by this rule
and their respective North American
Industrial Classification System
(NAICS) codes:
• Plumbing, Heating, and Air
Conditioning Contractors (NAICS
238220)
• All Other Basic Organic Chemical
Manufacturing (NAICS 325199)
• Pharmaceutical Preparations (e.g.,
Capsules, Liniments, Ointments,
Tablets) Manufacturing (NAICS
325412)
• Air Conditioning and Warm Air
Heating Equipment and Commercial
and Industrial Refrigeration
Equipment Manufacturing (NAICS
333415)
• Household Appliances, Electric
Housewares, and Consumer
Electronics Merchant Wholesalers
(NAICS 423620)
• Refrigeration Equipment and Supplies
Merchant Wholesalers (NAICS
423740)
• Recyclable Material Merchant
Wholesalers (NAICS 423930)
• Appliance Repair and Maintenance
(NAICS 811412)
• Fire Protection (NAICS 922160)
This list is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
affected by this action. To determine
whether your facility, company,
business, or organization could be
affected by this action, you should
carefully examine the regulations at 40
CFR part 82, subpart G and the revisions
below. 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.
C. What acronyms and abbreviations are
used in the preamble?
Below is a list of acronyms and
abbreviations used in the preamble of
this document:
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2–BTP—2-bromo-3,3,3-trifluoropropene
AC—Air Conditioning or Air Conditioner
ACGIH—American Conference of
Governmental Industrial Hygienists
AEL—Acceptable Exposure Limit
AHAM—Association of Home Appliance
Manufacturers
AHRI—Air-Conditioning, Heating, and
Refrigeration Institute
AIHA—American Industrial Hygiene
Association AIM Act—American
Innovation and Manufacturing Act of 2020
ANSI—American National Standards
Institute
ASHRAE—American Society of Heating,
Refrigerating and Air-Conditioning
Engineers
ASTM—American Society for Testing and
Materials
CAA—Clean Air Act
CAS Reg. No.—Chemical Abstracts Service
Registry Identification Number
CBI—Confidential Business Information
CFC—Chlorofluorocarbon
CFR—Code of Federal Regulations
CRA—Congressional Review Act
CO2—Carbon Dioxide
EEAP—Environmental Effects Assessment
Panel
EIA—Environmental Investigation Agency
EPA—United States Environmental
Protection Agency
FR—Federal Register
GWP—Global Warming Potential
HCFC—Hydrochlorofluorocarbon
HCFO—Hydrochlorofluoroolefin
HFC—Hydrofluorocarbon
HFO—Hydrofluoroolefin
HP—Heat Pump
ICF—ICF International, Inc.
IEC—International Electrotechnical
Commission
IPAC—Industrial Process Air Conditioning
IPCC—Intergovernmental Panel on Climate
Change
LFL—Lower Flammability Limit
LOAEL—Lowest Observed Adverse Effect
Level
MIAQ—Madison Indoor Air Quality
MVAC—Motor Vehicle Air Conditioning
NAAQS—National Ambient Air Quality
Standards
NAICS—North American Industrial
Classification System
NARA—National Archives and Records
Administration
NFPA—National Fire Protection Association
NIOSH—National Institute for Occupational
Safety and Health
NPRM—Notice of Proposed Rulemaking
NRTL—Nationally Recognized Testing
Laboratories
ODP—Ozone Depletion Potential
ODS—Ozone Depleting Substances
OMB—United States Office of Management
and Budget
OSHA—United States Occupational Safety
and Health Administration
PFAS—Per- and poly-fluoroalkyl substances
PFCs—Perfluorocarbons
PMS—Pantone® Matching System
ppm—Parts Per Million
PRA—Paperwork Reduction Act
PTAC—Packaged Terminal Air Conditioner
PTHP—Packaged Terminal Heat Pump
RAL—‘‘Reichs-Ausschu+ fu¨r
Lieferbedingungen und Gu¨tesicherung,’’
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Germany’s National Commission for
Delivery Terms and Quality Assurance
RCRA—Resource Conservation and Recovery
Act
RFA—Regulatory Flexibility Act
SCBA—Self-Contained Breathing Apparatus
SDS—Safety Data Sheet
SIP—State Implementation Plan
SNAP—Significant New Alternatives Policy
TFA—trifluoroacetic acid
TLV–TWA—Threshold Limit Value-TimeWeighted Average
TSCA—Toxic Substances Control Act
TWA—Time Weighted Average
UL—UL, formerly known as Underwriters
Laboratories, Inc.
UMRA—Unfunded Mandates Reform Act
VOC—Volatile Organic Compound, Volatile
Organic Compounds
VLTR—Very Low Temperature Refrigeration
WCFF—Worst Case of Fractionation for
Flammability
WCF—Worst Case of Formulation for
Flammability
WEEL—Workplace Environmental Exposure
Limit
WMO—World Meteorological Organization
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II. What is EPA finalizing in this
action?
This section of the preamble describes
EPA’s final listings for certain
refrigerants and fire suppressants in
specific end-uses, including final use
restrictions. In addition, this section
provides responses to comments EPA
received on the proposed listings during
the public comment period for the
proposed rule. One comment was
received after the close of the comment
period, to which no response from the
Agency is required. The regulatory text
for new listings is codified in appendix
X of 40 CFR part 82, subpart G. The
regulatory text for a revised listing is
codified in appendix R of 40 CFR part
82, subpart G. The final regulatory text
contains listing decisions for the enduses discussed throughout this section
below.
A. Chillers—Listing of HFO–1234yf,
HFC–32, R–452B, R–454A, R–454B, and
R–454C as Acceptable, Subject to Use
Conditions, for Use in New Chiller
Equipment Used in Comfort Cooling,
Including Both Commercial AC and
Industrial Process Air Conditioning
(IPAC)
EPA previously listed HFO–1234yf as
acceptable, subject to use conditions, in
motor vehicle AC, in light-duty vehicles
(74 FR 53445; October 19, 2009), in
heavy-duty pickup trucks and complete
heavy-duty vans (81 FR 86778;
December 1, 2016) and in nonroad
vehicles and service fittings for small
refrigerant cans (87 FR 26276; May 4,
2022). EPA previously listed HFC–32 as
acceptable, subject to use conditions, as
a substitute in residential and light
commercial AC and HPs (80 FR 19454;
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April 10, 2015) (86 FR 24444; May 6,
2021) and previously listed R–452B, R–
454A, R–454B, and R–454C, (hereafter
called ‘‘the four refrigerant blends’’), as
acceptable, subject to use conditions, as
substitutes in residential and light
commercial AC and HPs (86 FR 24444;
May 6, 2021).1
This final rulemaking finds HFC–32,
HFO–1234yf, and the four refrigerant
blends acceptable, subject to use
conditions, as substitutes in chillers.
The SNAP program divides chillers for
comfort cooling into two general types
based on the type of compressor used in
the system, i.e., centrifugal and positive
displacement compressors (including
reciprocating, screw, scroll and rotary)
chillers. EPA proposed to list HFO–
1234yf, R–454A, R–454B, and R–454C
as acceptable in all new chillers for
comfort cooling and proposed to list
HFC–32 and R–452B as acceptable only
in new scroll and rotary chillers for
comfort cooling. After consideration and
evaluation of the comments received by
the Agency in response to the July 28,
2022, notice of proposed rulemaking (87
FR 45508; hereafter, ‘‘NPRM’’), EPA is
finalizing the listings for HFO–1234yf,
R–454A, R–454B, and R–454C in
chillers for comfort cooling as proposed.
After consideration and evaluation of
the comments received, EPA is
broadening the listings for HFC–32 and
R–452B relative to the NPRM, and is
listing these alternatives as acceptable
with use conditions across all chiller
types for all comfort cooling
applications, including but not limited
to use in commercial AC and IPAC.
Several use conditions finalized for
chillers are identical to those finalized
for other end-uses (residential
dehumidifiers and residential and light
commercial AC and HPs) finalized in
sections II.B and II.D. below. Because of
this similarity, EPA discusses the use
conditions that would apply to all three
end-uses in detail in section II.E below.
For chillers, EPA is also finalizing an
additional use condition related to
adherence to the ASHRAE 15–2019
standard. In summary, the use
conditions for chillers are:
(1) New equipment only—These
refrigerants may be used only in new
equipment designed specifically and
clearly identified for the refrigerant, i.e.,
none of these substitutes may be used as
1 In this final rule, we use the term ‘‘air
conditioner’’ and ‘‘AC’’ to cover equipment that
cools air, heats air, or has the function to do both
(typically referred to as a ‘‘heat pump’’). While such
equipment might humidify or dehumidify the air,
the term does not include equipment whose
purpose is for latent cooling only (i.e.,
dehumidifiers), which are a separate end-use under
SNAP and are addressed in section II.B of this final
rule.
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a conversion or ‘‘retrofit’’ refrigerant for
existing equipment.
(2) UL Standard—These refrigerants
may be used only in chiller equipment
that meet all requirements listed in the
3rd edition, dated November 1, 2019, of
UL Standard 60335–2–40, ‘‘Household
and Similar Electrical Appliances—
Safety—Part 2–40: Particular
Requirements for Electrical Heat Pumps,
Air Conditioners and Dehumidifiers.’’ In
cases where this final rule includes
requirements different than those of the
3rd edition of UL Standard 60335–2–40,
the appliance would need to meet the
requirements of this final rule in place
of the requirements in UL 60335–2–40,
3rd Edition. See section II.E below for
further discussion on the requirements
of this standard that EPA is
incorporating by reference.
(3) Warning labels—Several warning
labels are required as use conditions as
detailed in section II.E below. These
labels are similar or verbatim in
language to those required by UL
60335–2–40, 3rd Edition. The warning
labels must be provided in letters no
less than 6.4 mm (1⁄4 inch) high and
must be permanent.
(4) Markings—Equipment must have
distinguishing red (Pantone® Matching
System (PMS) #185 or Reichs-Ausschu+
fu¨r Lieferbedingungen und
Gu¨tesicherung 2 (RAL) 3020) colorcoded hoses and piping to indicate use
of a flammable refrigerant. The chiller
equipment shall have marked service
ports, pipes, hoses and other devices
through which the refrigerant is
serviced. Markings shall extend at least
1 inch (25 mm) from the servicing port
and shall be replaced if removed.
(5) For chillers, EPA is also finalizing
a use condition related to adherence to
the ASHRAE 15–2019 standard in
addition to those common finalized use
conditions for chillers, residential
dehumidifiers, and self-contained room
ACs. Specifically, EPA is requiring that
these refrigerants may only be used in
chillers that meet all requirements listed
in the American National Standards
Institute (ANSI)/ASHRAE Standard 15–
2019 (hereafter ‘‘ASHRAE 15–2019’’). In
cases where this final rule includes
requirements different than those of
ASHRAE 15–2019,3 EPA is finalizing
that the chiller appliance needs to meet
the requirements of this final rule in
place of the requirements in the
ASHRAE Standard. This additional use
2 Germany’s National Commission for Delivery
Terms and Quality Assurance.
3 ASHRAE, 2019b. American National Standards
Institute (ANSI)/American Society for Heating,
Refrigerating, and Air-Conditioning Engineers
(ASHRAE) Standard 15. Safety Standard for
Refrigeration Systems. 2019.
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condition is discussed further in section
II.A.4, below.
EPA notes that there may be other
requirements pertaining to the
manufacture, use, handling, and
disposal of the listed refrigerants that
are not included in the information
listed in the tables (e.g., the CAA section
608(c)(2) venting prohibition 4 or
Department of Transportation
requirements for transport of flammable
gases). Flammable refrigerants being
recovered or otherwise disposed of from
chillers are likely to be hazardous waste
under the Resource Conservation and
Recovery Act (RCRA) (see 40 CFR parts
260–270).
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1. Background on Chillers—
Commercial AC and IPAC
This rulemaking applies to chillers
that are covered by the UL 60335–2–40
standard ‘‘Household and Similar
Electrical Appliances—Safety—Part 2–
40: Requirements for Electrical Heat
Pumps, Air Conditioners and
Dehumidifiers’’ and ASHRAE Standard
15–2019, ‘‘Safety Standard for
Refrigeration Systems.’’ EPA
understands that UL 60335–2–40 covers
chillers used for comfort cooling.
In the initial rule establishing the
SNAP program (59 FR 13044; March 18,
1994), EPA included within the
refrigeration and AC sector the end-use
‘‘commercial comfort air conditioning’’
and then elaborated on that end-use by
saying that ‘‘CFCs are used in several
different types of mechanical
commercial comfort AC systems, known
as chillers.’’ EPA indicated ‘‘that over
time, existing cooling capacity [from
chillers] will be either retrofitted or
replaced by systems using non-CFC
refrigerants in a vapor compression
cycle or by alternative technologies.’’
EPA also explained in that rule that
vapor compression chillers can be
categorized by the type of compressor
used, including centrifugal, rotary,
screw, scroll and reciprocating
compressors. These compressor types
are also divided into centrifugal and
positive displacement chillers, the latter
of which includes those with
reciprocating, screw, scroll or rotary
compressors.
Centrifugal chillers are equipment
that utilize a centrifugal compressor in
a vapor-compression refrigeration cycle.
4 Under section 608(c)(2) of the CAA and EPA’s
regulations at 40 CFR 82.154(a)(1), it is unlawful for
any person, in the course of maintaining, servicing,
repairing, or disposing of an appliance or industrial
process refrigeration, to knowingly vent or
otherwise knowingly release or dispose of any
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Centrifugal chillers are typically used
for commercial comfort AC, although
other uses, that we are not addressing
here, do exist. Centrifugal chillers can
be found in office buildings, hotels,
arenas, convention halls, airport
terminals and other buildings.
Centrifugal chillers tend to be used in
larger buildings.
Positive displacement chillers are
those that utilize positive displacement
compressors such as reciprocating,
screw, scroll or rotary types. Positive
displacement chillers are applied in
similar situations as centrifugal chillers,
again primarily for commercial comfort
AC, except that positive displacement
chillers tend to be used for smaller
capacity needs such as in mid- and lowrise buildings.
A chiller is a type of equipment using
refrigerant that typically cools water or
a brine solution, which is then pumped
to fan coil units or other air handlers to
cool the air that is supplied to the
occupied spaces transferring the heat to
the water. The heat absorbed by the
water can then be used for heating
purposes, and/or can be transferred
directly to the air (‘‘air-cooled’’), to a
cooling tower or body of water (‘‘watercooled’’), or through evaporative coolers
(‘‘evaporative-cooled’’). A chiller or a
group of chillers could similarly be used
for district cooling where the chiller
plant cools water or another fluid that
is then pumped to multiple locations
being served such as several different
buildings within the same complex.
Chillers may also be used to maintain
operating temperatures in various types
of buildings, for example, in data
centers, server farms, and agricultural/
food operations. Chillers are used in
other applications, for example, to cool
process streams in industrial
applications. Chillers are also used for
comfort cooling of operators or climate
control and protecting process
equipment in industrial buildings, for
example, in industrial processes when
ambient temperatures could approach
200 °F (93 °C) and corrosive conditions
could exist. The listing finalized today
applies to all types of chillers in comfort
cooling applications.
substitute substance for a class I or class II
substance used as a refrigerant in such appliance (or
industrial process refrigeration) in a manner which
permits such substance to enter the environment.
As provided in 40 CFR 82.154(a)(1), certain
substitutes in certain end-uses have been exempted
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2. What are the ASHRAE classifications
for refrigerant flammability?
The ANSI/ASHRAE Standard 34–
2019 assigns a safety group
classification for each refrigerant which
consists of two to three alphanumeric
characters (e.g., A2L or B1). The initial
capital letter indicates the toxicity, and
the numeral denotes the flammability.
ASHRAE classifies Class A refrigerants
as refrigerants for which toxicity has not
been identified at concentrations less
than or equal to 400 parts per million
(ppm) by volume, based on data used to
determine threshold limit value-timeweighted average (TLV–TWA) or
consistent indices. Class B signifies
refrigerants for which there is evidence
of toxicity at concentrations below 400
ppm by volume, based on data used to
determine TLV–TWA or consistent
indices.
The refrigerants are also assigned a
flammability classification of 1, 2, 2L, or
3. Tests for flammability are conducted
in accordance with American Society
for Testing and Materials (ASTM) E681
using a spark ignition source at 140 °F
(60 °C) and 14.7 psia (101.3 kPa).5 The
flammability classification ‘‘1’’ is given
to refrigerants that, when tested, show
no flame propagation. The flammability
classification ‘‘2’’ is given to refrigerants
that, when tested, exhibit flame
propagation, have a heat of combustion
less than 19,000 kJ/kg (8,169 Btu/lb),
and have a lower flammability limit
(LFL) greater than 0.10 kg/m3. The
flammability classification ‘‘2L’’ is given
to refrigerants that, when tested, exhibit
flame propagation, have a heat of
combustion less than 19,000 kJ/kg
(8,169 BTU/lb), have an LFL greater
than 0.10 kg/m3, and have a maximum
burning velocity of 10 cm/s or lower
when tested in dry air at 73.4 °F
(23.0 °C) and 14.7 psi (101.3 kPa). The
flammability classification ‘‘3’’ is given
to refrigerants that, when tested, exhibit
flame propagation and that either have
a heat of combustion of 19,000 kJ/kg
(8,169 BTU/lb) or greater or have an LFL
of 0.10 kg/m3 or lower.
For flammability classifications,
refrigerant blends are designated based
on the worst case of formulation for
flammability and the worst case of
fractionation for flammability
determined for the blend.
from this prohibition. References to the venting
prohibition throughout this final rule refer to these
provisions.
5 ASHRAE, 2019a. ANSI/ASHRAE Standard 34–
2019: Designation and Safety Classification of
Refrigerants.
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3. What are HFO–1234yf, HFC–32, R–
452B, R–454A, R–454B, and R–454C
and how do they compare to other
refrigerants in the same end-use?
HFO–1234yf and HFC–32 are lower
flammability refrigerants, and the four
refrigerant blends are lower
flammability refrigerant blends, all with
an ASHRAE safety classification of A2L.
The respective Chemical Abstracts
Service Registry Identification Numbers
(CAS Reg. Nos.) of HFO–1234yf, HFC–
32 and the components of the four
refrigerant blends are listed below.
HFO–1234yf, also known by the trade
names ‘‘Solstice® yf’’ and ‘‘OpteonTM
YF,’’ is also known as 2,3,3,3tetrafluoroprop-1-ene (CAS Reg. No.
754–12–1). HFC–32 is also known as R–
32 or difluoromethane (CAS Reg. No.
75–10–5). R–452B, also known by the
trade names ‘‘OpteonTM XL 55’’ and
‘‘Solstice® L41y,’’ is a blend consisting
of 67 percent by weight HFC–32; seven
percent HFC–125, also known as
1,1,1,2,2-pentafluoroethane (CAS Reg.
No. 354–33–6); and 26 percent HFO–
1234yf. R–454A, also known by the
trade name ‘‘OpteonTM XL 40,’’ is a
blend consisting of 35 percent HFC–32
and 65 percent HFO–1234yf. R–454B,
also known by the trade names
‘‘OpteonTM XL 41’’ and ‘‘Puron
AdvanceTM,’’ is a blend consisting of
68.9 percent HFC–32 and 31.1 percent
HFO–1234yf. R–454C, also known by
the trade name ‘‘OpteonTM XL 20,’’ is a
blend consisting of 21.5 percent HFC–32
and 78.5 percent HFO–1234yf.
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Redacted submissions and supporting
documentation for HFO–1234yf, HFC–
32, and the four refrigerant blends are
provided in the docket for this final rule
(EPA–HQ–OAR–2021–0836) at https://
www.regulations.gov. EPA performed an
assessment to examine the health and
environmental risks of each of these
substitutes. These assessments are
available in the docket for this final
rule.6 7 8 9 10 11 12
Environmental information: HFO–
1234yf, HFC–32, and the four refrigerant
blends have ODPs of zero.
HFO–1234yf has a 100-year integrated
GWP of less than four.13 14 15 HFC–32
6 ICF, 2022a. Risk Screen on Substitutes in
Chillers and Industrial Process Air Conditioning
(New Equipment); Substitute: R–32.
7 ICF, 2022b. Risk Screen on Substitutes in
Chillers and Industrial Process Air Conditioning
(New Equipment); Substitute: HFO–123yf.
8 ICF, 2022c. Risk Screen on Substitutes in
Chillers and Industrial Process Air Conditioning
(New Equipment); Substitute: R–452B.
9 ICF, 2022d. Risk Screen on Substitutes in
Chillers and Industrial Process Air Conditioning
(New Equipment); Substitute: R–454A.
10 ICF, 2022e. Risk Screen on Substitutes in
Chillers and Industrial Process Air Conditioning
(New Equipment); Substitute: R–454B.
11 ICF, 2022f. Risk Screen on Substitutes in
Chillers and Industrial Process Air Conditioning
(New Equipment); Substitute: R–454C.
12 EPA notes that UL 60335–2–40 uses the Worst
Case Formulation of Flammability (WCF) LFL, but
that ASHRAE 34–2019 uses the Worst Case
Fractionation of Flammability (WCFF) LFL for all
of the blends except R–452B, in which case
ASHRAE 34 references the WCF LFL. To be
conservative, the Agency uses the WCFF LFL values
for our flammability risk analysis. ASHRAE 34
plans to update their WCFF LFL values to WCF LFL
values in future editions of the standard as a way
to standardize LFLs going forward, after which the
Agency may also consider switching to using WCF
LFL values in the risk screens.
13 The GWP in World Meteorological
Organization (2018) is listed as less than 1.
Burkholder et al. Appendix A, Table A–1 in
Scientific Assessment of Ozone Depletion: 2018,
Global Ozone Research and Monitoring Project,
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has a GWP of 675. The four refrigerant
blends are made up of the components
HFC–32, HFC–125, and HFO–1234yf,
which have GWPs of 675, 3,500, and
less than four, respectively.16 If these
values are weighted by mass percentage,
then R–452B, R–454A, R–454B, and R–
454C have GWPs of about 700, 240, 470,
and 150, respectively.
HFC–32, HFO–1234yf, and the other
component of one of the four refrigerant
blends, HFC–125, are excluded from
EPA’s regulatory definition of volatile
organic compounds (VOC) (see 40 CFR
51.100(s)) for the purpose of addressing
the development of State
Implementation Plans (SIPs) to attain
and maintain the National Ambient Air
Quality Standards (NAAQS). The
regulatory definition provides that ‘‘any
compound of carbon’’ which
‘‘participates in atmospheric
Report No. 58, World Meteorological Organization,
Geneva, Switzerland, https://ozone.unep.org/
science/assessment/sap. (WMO, 2018)
14 Nielsen et al., 2007. Nielsen, O.J., Javadi, M.S.,
Sulbaek Andersen, M.P., Hurley, M.D., Wallington,
T.J., Singh, R. 2007. Atmospheric chemistry of
CF3CF=CH2: Kinetics and mechanisms of gas-phase
reactions with Cl atoms, OH radicals, and O3.
Chemical Physics Letters 439, 18–22. Available
online at https://www.lexissecuritiesmosaic.com/
gateway/FedReg/network_OJN_174_
CF3CF=CH2.pdf.
15 Hodnebrog ;;. et al., 2013. Hodnebrog ;;.,
Etminan, M., Fuglestvedt, J.S., Marston, G., Myhre,
G., Nielsen, C.J., Shine, K.P., Wallington, T.J.:
Global Warming Potentials and Radiative
Efficiencies of Halocarbons and Related
Compounds: A Comprehensive Review, Reviews of
Geophysics, 51, 300–378, doi:10.1002/rog.20013,
2013
16 Unless otherwise specified, GWP values are
100-year values from Intergovernmental Panel on
Climate Change (IPCC) (2007) Climate Change 2007:
The Physical Science Basis. Contribution of
Working Group I to the Fourth Assessment Report
of the Intergovernmental Panel on Climate Change.
S. Solomon, D. Qin, M. Manning, Z. Chen, M.
Marquis, K.B. Averyt, M. Tignor and H.L. Miller
(eds.). Cambridge University Press. Cambridge,
United Kingdom 996 pp.
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Using these safety group
classifications, ANSI/ASHRAE Standard
34–2019 categorizes HFO–1234yf, HFC–
32 and the four refrigerant blends in this
section of this final rule in the A2L
Safety Group.
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photochemical reactions’’ is considered
a VOC unless expressly excluded based
on a determination of ‘‘negligible
photochemical reactivity.’’ Under
section 608(c)(2) of the CAA and EPA’s
regulations at 40 CFR 82.154(a)(1), it is
unlawful for any person, in the course
of maintaining, servicing, repairing, or
disposing of an appliance or industrial
process refrigeration, to knowingly vent
or otherwise knowingly release or
dispose of any substitute substance for
a class I or class II substance used as a
refrigerant in such appliance (or
industrial process refrigeration) in a
manner which permits such substance
to enter the environment.
Flammability information: HFO–
1234yf, HFC–32 and the four refrigerant
blends are all classified as 2L under
ASHRAE Standards reflecting that these
compounds are flammable but have
lower burning velocity than compounds
listed as 2 or 3 under the ASHRAE
standard.
Toxicity and exposure data: HFO–
1234yf, HFC–32 and the four refrigerant
blends have an ASHRAE toxicity
classification of A. Potential health
effects of exposure to these substitutes
include drowsiness or dizziness. The
substitutes may also irritate the skin or
eyes or cause frostbite. At sufficiently
high concentrations, the substitutes may
cause irregular heartbeat. The
substitutes could cause asphyxiation if
air is displaced by vapors in a confined
space. These potential health effects are
common to many refrigerants.
The American Industrial Hygiene
Association (AIHA) has established
Workplace Environmental Exposure
Limits (WEELs) of 1,000 ppm as an
eight-hour time-weighted average (8-hr
TWA) for HFC–32 and the component
refrigerant HFC–125; the AIHA has
established a WEEL of 500 ppm as an 8hr TWA for HFO–1234yf. The
manufacturer of R–452B, R–454A, R–
454B, and R–454C recommends
Acceptable Exposure Limits (AELs) for
the workplace, respectively, of 874, 690,
854, and 615 ppm on an 8-hr TWA for
these blends. EPA anticipates that users
will be able to meet the AIHA WEELs
and manufacturers’ AELs and address
potential health risks by following
requirements and recommendations in
the manufacturers’ safety data sheet
(SDS), the final use conditions
(including adherence to ASHRAE
Standard 15), and other safety
precautions common to the refrigeration
and AC industry.17 18 19 20 21 22
17 ICF,
2022a. Op. cit.
2022b. Op. cit.
19 ICF, 2022c. Op. cit
20 ICF, 2022d. Op. cit.
18 ICF,
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Comparison to other substitutes in
this end-use: HFO–1234yf, HFC–32, and
the four refrigerant blends all have an
ODP of zero, comparable to or lower
than some of the acceptable substitutes
in these end-uses, such as HFO–
1234ze(E) with an ODP of zero.
Although HCFC–123 and R–406A (with
components HCFC–22 and HCFC–142b)
have been listed acceptable in this enduse with ODPs of 0.02 and 0.057,
respectively, HCFC–123 (unless used,
recovered, and recycled) may not be
used as a refrigerant in equipment
manufactured on or after January 1,
2020, under 40 CFR 82.15(g)(5)(i).23
Similarly, components of R–406A
(HCFC–22 and HCFC–142b) (unless
used, recovered, and recycled) may not
be used as a refrigerant for use in
chillers manufactured on or after
January 1, 2010, under 40 CFR
82.15(g)(2)(i).24 Under 40 CFR 82.16,
EPA has not issued any production and
consumption allowances for HCFC–22
and HCFC–142b since 2019.
HFC–32 and the four refrigerant
blends’ GWPs, ranging from about 150
to 700, are higher than those of some of
the acceptable substitutes for new
centrifugal and positive displacement
chillers, including HCFO–1233zd(E),
HFO–1336mzz(Z), and R–515B, with
GWPs of 3.7, 9, and 287, respectively.
The GWPs of HFO–1234yf, R–454A, R–
454B, and R–454C are lower than some
of the acceptable substitutes for new
centrifugal and positive displacement
chillers, such as R–450A and R–513A,
with GWPs of approximately 600 and
630, respectively. HFC–32’s and R–
452B’s GWPs of 675 and about 700 are
higher than the GWPs of those
refrigerants. The GWPs of HFC–32 and
R–452B are, however, lower than those
of all the refrigerants that EPA listed as
unacceptable for chillers as of January 1,
2024, in the final rule issued December
1, 2016, which had GWPs of 1,000 or
higher. Further, HFC–32 and HFC–452B
can be used in chillers that are designed
to be used with refrigerants having
higher pressure and higher volumetric
capacity, unlike most of the other
21 ICF,
2022e. Op. cit.
2022e. Op. cit.
23 The regulations at 40 CFR 82.15(g)(5)(iii)
provide a limited exception to the prohibition on
use in 82.15(g)(5)(i), for use of HCFC–123 as a
refrigerant in equipment manufactured on or after
January 1, 2020 but before January 1, 2021 if the
conditions of 40 CFR 82.15(g)(5)(iii) are met.
24 The regulations at 40 CFR 82.15(g)(2)(ii)
provide limited exceptions to the prohibitions in
82.15(g)(2)(i), including for HCFC–22 ‘‘for use as a
refrigerant in appliances manufactured before
January 1, 2012, provided that the components are
manufactured prior to January 1, 2010, and are
specified in a building permit or a contract dated
before January 1, 2010, for use on a particular
project.’’
22 ICF,
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refrigerants listed acceptable in chillers
(e.g., HCFO–1233zd(E), R–450A, and R–
513A). Volumetric capacity is important
to achieve the cooling capacity needed
without increasing equipment sizes,
which could lead to weights exceeding
code requirements, for instance, when a
chiller on top of an existing building is
replaced with a new one. Given the
wide range of applications, not all
refrigerants listed as acceptable under
SNAP will be suitable for all equipment
in the end-use. To provide additional
options to ensure the availability of
substitutes for the full range of chiller
equipment for comfort cooling, EPA is
finalizing the listings for HFC–32 and
R–452B for all types of positive
displacement chillers, as well as for
centrifugal chillers and chillers for
IPAC.
HFC–32’s and the four refrigerant
blends’ GWPs, ranging from about 150
to 700, are higher than or comparable to
those of some of the acceptable
substitutes for new IPAC, including
carbon dioxide (CO2), HFO–1336mzz(Z)
and R–515B with GWPs of 1, 9 and 287
respectively. Their GWPs are lower than
some of the acceptable substitutes for
new IPAC, such as HFC–134a, R–410A,
and R–507A with GWPs of 1,430, 2,090
and 3,990 respectively. HFO–1234yf’s
GWP less than four is comparable to or
lower than that of other acceptable
substitutes for new IPAC, such as CO2,
HFO–1336mzz(Z) and R–515B with
GWPs of 1, 9 and 287, respectively.
Information regarding the toxicity of
other available alternatives is provided
in the listing decisions previously made
(see https://www.epa.gov/snap/
substitutes-chillers). Toxicity risks of
use, determined by the likelihood of
exceeding the exposure limit, of HFO–
1234yf, HFC–32, and the four refrigerant
blends in these end-uses are evaluated
in the risk screens referenced above.
The toxicity risks of using HFO–1234yf,
HFC–32, and the four refrigerant blends
in chillers and IPAC are comparable to
or lower than toxicity risks of other
available substitutes in the same enduses. Toxicity risks of the refrigerants
can be minimized by use consistent
with ASHRAE 15–2019—which applies
under the use conditions—and other
industry standards, recommendations in
the manufacturers’ SDS, and other
safety precautions common in the
refrigeration and AC industry.
The flammability risks with HFO–
1234yf, HFC–32, and the four refrigerant
blends in these end-uses, determined by
the likelihood of exceeding their
respective lower flammability limits, are
evaluated in the risk screens referenced
above. In conclusion, while these
refrigerants may pose greater
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flammability risk than other available
substitutes in the same end-uses, this
risk can be minimized by use consistent
with ASHRAE 15–2019—which applies
for certain charge sizes under the use
conditions—and other industry
standards such as UL 60335–2–40—
which also applies under the use
conditions—as well as
recommendations in the manufacturers’
SDS and other safety precautions
common in the refrigeration and AC
industry. EPA is finalizing use
conditions to reduce the potential risk
associated with the flammability of
these alternatives so that they will not
pose significantly greater risk than other
acceptable substitutes in this end-use.
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4. Why is EPA finalizing these specific
use conditions?
The UL Standard 60335–2–40
discussed in section II.E indicates that
refrigerant charges greater than a
specific amount (called ‘‘m3’’ in the UL
Standard and based on the refrigerant’s
LFL) are beyond its scope and that
national standards apply, such as
ASHRAE 15–2019. Given that
depending on the charge size of the
equipment, either UL 60335–2–40 or
ASHRAE 15–2019 would apply, EPA is
including adherence to both standards
as use conditions for chillers.
EPA is finalizing that chillers using
HFO–1234yf, HFC–32, or one of the four
refrigerant blends must adhere to
ASHRAE Standard 15–2019, with all
addenda published by the date of the
NPRM for this rule, including addenda
a, b, c, d, e, f, i, j, k, m, n, o, q, and r.
Where the requirements specified in
this final rule and ASHRAE Standard 15
are different, the requirements of this
final rule would apply.
A summary of relevant aspects of
ASHRAE 15–2019 is provided here for
information only. This is not meant to
be a full explanation of the Standard or
how it is applied. ASHRAE 15–2019
specifies requirements for refrigeration
systems,25 including chillers, based on
the safety group classification of the
refrigerant used, the type of occupancy
in the location for which the system is
used, and whether refrigerantcontaining parts of the system enter the
space or ductwork and so leakage in the
space is deemed ‘‘probable.’’ ‘‘HighProbability’’ installations are those such
that leaks or failures will result in
refrigerant entering the occupied space.
As explained above, HFO–1234yf, HFC–
32 and the four refrigerant blends are all
25 We note that while the ASHRAE 15–2019
purpose indicates ‘‘refrigeration systems,’’ EPA
believes this includes applications that are typically
called ‘‘air conditioning.’’
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classified as A2L refrigerants.
Occupancies are divided into six
classifications: institutional, public
assembly, residential, commercial, large
mercantile, and industrial. Examples of
these include jails, theaters, apartment
buildings, office buildings, shopping
malls, and chemical plants,
respectively.
Sections 7.2 and 7.3 of ASHRAE
Standard 15 determine the maximum
amount of refrigerant allowed in the
system, while section 7.4 provides an
option to locate equipment outdoors or
in a machinery room constructed and
maintained under conditions specified
in the standard. Section 7.6 of ASHRAE
Standard 15 addresses the refrigerants
in this proposal when used for human
comfort in ‘‘high-probability’’ systems,
including requirements for nameplates,
labels, refrigerant detectors (under
certain conditions), airflow initiation
and other actions (if a rise in refrigerant
concentration is detected), and other
restrictions.
In the interest of providing these ODS
alternatives to industry quickly, as
requested by commenters, and
achieving reductions in other, less safe
alternatives sooner, the Agency is
finalizing use conditions that
incorporate by reference the ASHRAE
15–2019 edition, as proposed, rather
than a more recent version. EPA
recognizes that ASHRAE 15 was
recently updated and republished in
late 2022. This final rule incorporates by
reference all addenda published by the
date of the NPRM, as proposed. EPA
intends to review the 2022 version of
ASHRAE Standard 15 and consider
proposing revisions to the use
conditions to incorporate by reference
the 2022 version of that standard in a
future notice and comment rulemaking.
EPA is finalizing the use conditions to
ensure safe use of these ODS
alternatives regarding their
flammability, toxicity, exposure, and
environmental effects. As discussed
below, commenters generally supported
the use conditions. The use conditions
identified in this section above are
explained below, in section II.E.1, in
greater detail.
5. What additional information is EPA
including in these final listings?
EPA is providing additional
information related to these final
listings. Since this additional
information is not part of the regulatory
decision under SNAP, these statements
are not binding for use of the substitute
under the SNAP program. See section
II.E.2 below for further discussion on
what additional information EPA is
including in these final listings. While
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the items listed are not legally binding
under the SNAP program, EPA
encourages users of substitutes to apply
all statements in the ‘‘Further
Information’’ column in their use of
these substitutes as best practices for
safer use.
6. How is EPA responding to comments
on chillers?
Comment: Carrier commented
expressing their support of listing HFO–
1234yf, HFC–32, R–452B, R–454A, R–
454B, and R–454C as acceptable in
chillers. Daikin described their support
for listing HFC–32 and R–452B as
acceptable in positive displacement
chillers. Daikin agreed with ‘‘EPA’s
analysis of its application, and strongly
supported the Agency’s proposal to
approve R–32 under the SNAP program
for the end uses of new rotary and scroll
comfort cooling and industrial process
air conditioning chillers.’’ Daikin voiced
strong support and encouraged EPA to
approve HFC–32 quickly.
Response: EPA thanks Carrier and
Daikin for their support of these listings
in the chillers end-use. In this final rule,
EPA is listing HFO–1234yf, R–454A, R–
454B, R–454C, HFC–32, and R–452B in
all centrifugal and positive
displacement chillers for comfort
cooling, including both commercial AC
and IPAC.
Comment: The Air-Conditioning,
Heating, and Refrigeration Institute
(AHRI), Carrier, Multistack, and
Chemours all commented that EPA
should not segment the chillers enduses further by compressor type. Carrier
stated that such segmentation leads to
unnecessary complexity, while
Multistack said it was likely to produce
confusion regarding the application of
products. Chemours commented that
segmentation by compressor type may
stifle innovation and create additional
challenges for equipment manufacturers
and end users working to adopt lowerGWP refrigerants. Chemours further
stated that compressor type
differentiation should only occur when
necessary, because of technology
limitations. Chemours also
recommended that EPA remove
references to chillers for industrial
process refrigeration (IPR) to avoid
confusion, as well as not distinguishing
IPR equipment by compressor type.
Response: EPA acknowledges the
concerns commenters expressed
regarding segmenting the current
chillers end-uses by compressor types
for the proposed listings of HFC–32 and
R–452B in scroll and rotary chillers.
After consideration of the comments
received, in particular, the concerns for
innovation and unnecessary complexity
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as summarized above, EPA agrees that
such segmentation is not necessary and
could hinder the technical transition to
lower-GWP refrigerants. Moreover, EPA
does not view segmentation in this
instance as providing any additional
environmental benefit. Given EPA’s
understanding of the comments and the
SNAP program’s historical precedent of
grouping together all positive
displacement chillers despite their
varying compressor types, EPA is
finalizing the listings for HFC–32 and
R–452B for all chillers rather than
breaking out the listings by compressor
type for scroll and rotary chillers.
In response to Chemours’s comment
referencing IPR for chillers, EPA
acknowledges the complexities
associated with breaking out IPR by
compressor type, similarly to chillers.
EPA understands the standard UL
60335–2–40 to apply only to comfort
cooling and not to process cooling such
as occurs in IPR. EPA may address
additional substitutes for use in IPR in
future rulemakings. The reference to
chillers used for IPR remains in the
preamble for this final rule to clarify
that IPR is not in the scope of listings
in this rule.
Comment: Daikin commented on
EPA’s statement that ‘‘EPA understands
that the UL standard [60335–2–40]
applies to chillers used for comfort
cooling.’’ Daikin went on to say ‘‘that
neither the scope statement nor the
body of this UL standard make any such
restriction as to the purpose of the heat
pump, air-conditioner, or dehumidifier.
Products evaluated to this UL standard
are not limited to applications for
human comfort and may also be applied
to cool or heat various products or
processes.’’ They suggested that if EPA
has safety concerns for IPAC, the
Agency should include an ambient
operating temperature limit of 140 °F.
Daikin addressed the suitability of HFC–
32 in IPAC and IPR, noting that ‘‘EPA
states in the preamble (87 FR 45514)
that ‘HFC–32’s . . . GWP [is] higher
than those of some of the acceptable
substitutes for new industrial process
AC . . .’, implying that HFC–32 is not
suitable for industrial process
refrigeration. Regardless of whether
Daikin’s SNAP information notice
requested SNAP approval of HFC–32 in
the industrial process refrigeration
application, HFC–32 is also suitable for
that application.’’
Response: EPA acknowledges Daikin’s
concerns about the scope of UL 60335–
2–40. Determining the coverage of UL
standards to applications not covered in
this rule is outside the scope of this
rulemaking. However, for informational
purposes in response to Daikin’s
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comment, the Agency is providing some
additional information regarding UL
60335–2–40. As described in NOTE 104
in UL 60335–2–40, ‘‘This standard does
not apply to. . .
• appliances designed exclusively for
industrial processing;
• appliances intended to be used in
locations where special conditions
prevail, such as the presence of a
corrosive or explosive atmosphere (dust,
vapour or gas).’’
Based on EPA’s review of standard UL
60335–2–40 and conversations with UL,
it is EPA’s understanding that
equipment for industrial processing,
included in the bullet points above, is
not covered by this standard, and
instead is covered by UL 60335–2–89.
Excluding equipment designed solely
for industrial processes limits the scope
of UL 60335–2–40 to chillers designed
for commercial and industrial comfort
cooling. If a chiller in an industrial
application is used mostly for comfort
cooling and also cools processes or
industrial equipment, EPA would
consider it to fall under the SNAP enduse IPAC rather than IPR. The listings
for HFC–32, described in this section
above, will apply to these types of
chillers on and after the effective date of
this rule.
The discussion of ambient operating
temperature for IPAC equipment was
included as part of the description of
the end-use under SNAP, providing an
example of possible operating
conditions. Any safety concerns
surrounding use of HFC–32 in this enduse are sufficiently addressed by the use
conditions that apply as described in
section II.E.1, below. EPA agrees with
Daikin that HFC–32 is suitable for use
in IPAC, given that the Agency
proposed to list HFC–32 as acceptable
in this end-use in SNAP NPRM 25 and
is finalizing this listing in this
rulemaking.
Under SNAP, IPAC is considered
comfort cooling equipment, as it
protects the operators in addition to
process equipment. EPA’s SNAP
program considers IPR equipment to be
primarily for cooling of a process or
product, not primarily for comfort
cooling. EPA has not addressed or
implied the suitability of HFC–32 for
IPR in the NPRM or in this final rule.
Any comments on the suitability of
HFC–32 in IPR are outside the scope of
the rulemaking. EPA is finalizing the
listings for HFC–32 in chillers used in
comfort cooling for commercial and
industrial uses as described in this
section of the preamble above.
Comment: AHRI and Chemours noted
that some of EPA’s risk screens use the
Worst Case of Fractionation for
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Flammability (WCFF) LFL values for the
refrigerant blends rather than the Worst
Case of Formulation for Flammability
(WCF) when determining the lower
flammability limit and requested that
EPA uses the WCF LFL values for
purposes of refrigerant risk analysis.
Both commenters noted that UL 60335–
2–40 uses the WCF LFL, but that
ASHRAE 34–2019 uses the WCFF LFL
for all of the blends, except R–452B, in
which case both ASHRAE 34 and EPA
reference the WCF LFL. The
commenters stated that ASHRAE 34
plans to update their WCFF LFL values
to WCF LFL values in future editions of
the standard as a way to standardize
LFLs going forward.
Response: EPA thanks the
commenters for this information
regarding WCFF and WCF LFL values.
The Agency has added a footnote to this
preamble acknowledging that this
transition from using WCFF values to
WCF values is taking place. EPA will
consider updating risk screens for R–
454A, R–454B, and R–454C in future
rulemakings with more recent versions
of the ASHRAE standards, using the
WCF LFL values. Given the more
conservative nature of WCFF LFL values
over WCF LFL values, such an update
to the risk screens’ flammability
analysis would result in a less
conversative model. The determination
of whether the LFL would be exceeded
in a catastrophic refrigerant release
scenario may change if using the WCF
LFL values, possibly showing no
flammability risk where there may have
been flammability risk previously.
Comment: Several citizens
commented, acknowledging the safety
of using A2L refrigerants in terms of
their flammability and risk to the
environment, especially relative to other
alternatives available. These
commenters stated that EPA should
proceed with listing these refrigerants as
acceptable.
Response: EPA thanks the
commenters for their support of listing
the A2L refrigerants—HFO–1234yf and
the refrigerants blends—as acceptable.
EPA agrees that these refrigerants pose
lower overall risk to human health and
the environment, and thus we conclude
it is appropriate to move forward with
finalizing the listings for these
refrigerants as described in the preamble
above.
B. Residential Dehumidifiers—Listing of
HFO–1234yf, HFC–32, R–452B, R–454A,
R–454B, and R–454C as Acceptable,
Subject to Use Conditions, for Use in
New Residential Dehumidifiers
EPA previously listed HFO–1234yf as
acceptable, subject to use conditions in
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motor vehicle AC in light-duty vehicles
(74 FR 53445; October 19, 2009), in
heavy-duty pickup trucks and complete
heavy-duty vans (81 FR 86778;
December 1, 2016) and in nonroad
vehicles and service fittings for small
refrigerant cans (87 FR 26276; May 4,
2022). EPA previously listed HFC–32 as
acceptable, subject to use conditions, as
a substitute in residential and light
commercial AC and HPs (80 FR 19454;
April 10, 2015 and 86 FR 24444, May
6, 2021) and previously listed R–452B,
R–454A, R–454B, and R–454C (hereafter
called ‘‘the four refrigerant blends’’) as
acceptable, subject to use conditions, as
substitutes in residential and light
commercial AC and HPs (86 FR 24444;
May 6, 2021).
This final rulemaking finds HFC–32,
HFO–1234yf, and the four refrigerant
blends acceptable, subject to use
conditions, as substitutes in residential
dehumidifiers. After consideration and
evaluation of the comments received by
the Agency in response to the NPRM,
EPA is finalizing the listings for HFC–
32, HFO–1234yf, R–452B, R–454A, R–
454B, and R–454C in residential
dehumidifiers as proposed.
Several use conditions finalized for
residential dehumidifiers are common
to those for other end-uses in section
II.A, above, and II.D, below. Because of
this similarity, EPA discusses the use
conditions that would apply to all three
end-uses in section II.E. For residential
dehumidifiers, those are the only use
conditions EPA is finalizing and require
the following:
(1) New equipment only—These
refrigerants may be used only in new
equipment designed specifically and
clearly identified for the refrigerant, i.e.,
none of these substitutes may be used as
a conversion or ‘‘retrofit’’ refrigerant for
existing equipment.
(2) UL Standard—These refrigerants
may be used only in residential
dehumidifiers that meet all
requirements listed in the 3rd edition,
dated November 1, 2019, of UL
Standard 60335–2–40, ‘‘Household and
Similar Electrical Appliances—Safety—
Part 2–40: Particular Requirements for
Electrical Heat Pumps, Air Conditioners
and Dehumidifiers’’ (UL Standard). In
cases where this final rule includes
requirements different from those of the
3rd edition of UL Standard 60335–2–40,
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the appliance must meet the
requirements of the final rule in place
of the requirements in UL 60335–2–40,
3rd Edition. See section II.E below for
further discussion on the requirements
of this standard that EPA is
incorporating by reference.
(3) Warning labels—Several warning
labels are required as use conditions as
detailed in section II.E below. These
labels are similar or verbatim in
language to those required by the UL
Standard. The warning labels must be
provided in letters no less than 6.4 mm
(1⁄4 inch) high and must be permanent.
(4) Markings—Equipment must have
distinguishing red (PMS #185 or RAL
3020) color-coded hoses and piping to
indicate use of a flammable refrigerant.
The residential dehumidifier shall have
marked service ports, pipes, hoses and
other devices through which the
refrigerant is serviced. Markings shall
extend at least 1 inch (25mm) from the
servicing port and shall be replaced if
removed.
EPA notes that there may be other
requirements pertaining to the
manufacture, use, handling, and
disposal of the refrigerants that are not
included in the information listed in the
tables (e.g., the CAA section 608(c)(2)
venting prohibition or Department of
Transportation requirements for
transport of flammable gases).
Flammable refrigerants being recovered
or otherwise disposed of from
residential dehumidifiers are likely to
be hazardous waste under RCRA (see 40
CFR parts 260–270).
1. Background on Residential
Dehumidifiers
Residential dehumidifiers are
primarily used to remove water vapor
from ambient air or directly from indoor
air for comfort or material preservation
purposes in the context of the home.26
While AC systems often combine
cooling and dehumidification, this enduse only serves the latter purpose and
is often used in homes for comfort
26 SNAP
regulations (see 40 CFR 82.172) define
residential use as use by a private individual of a
chemical substance or any product containing the
chemical substance in or around a permanent or
temporary household, during recreation, or for any
personal use or enjoyment. Use within a household
for commercial or medical applications is not
included in this definition, nor is use in
automobiles, watercraft, or aircraft.
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purposes. This equipment is selfcontained and circulates air from a
room, passes it through a cooling coil,
and collects condensed water for
disposal. Residential dehumidifiers fall
under the scope of the UL 60335–2–40
standard ‘‘Household and Similar
Electrical Appliances—Safety—Part 2–
40: Requirements for Electrical Heat
Pumps, Air Conditioners and
Dehumidifiers.’’
Some dehumidifiers for residential or
light commercial use are integrated with
the space air conditioning equipment,
for instance via a separate bypass in the
duct through which air is dehumidified,
a dehumidifying heat pipe across the
indoor coil, or other types of energy
recovery devices that move sensible
and/or latent heat between air streams
(e.g., between incoming air and air
vented to the outside). EPA classifies
this application as a component of a
residential or light commercial AC
system or HP. As such, EPA has already
listed HFC–32 as acceptable for such
uses, subject to the use conditions
specified in SNAP Rule 23 (86 FR
24444; May 6, 2021).
This final rulemaking finds HFO–
1234yf, HFC–32, and the four refrigerant
blends acceptable, subject to use
conditions, in self-contained residential
dehumidifiers. Note that dehumidifiers
for residential or light commercial use
that are integrated with AC equipment
(i.e., not self-contained) are not
addressed in this listing because EPA
classifies that type of equipment as
residential or light commercial AC and
HPs.
2. What are the ASHRAE classifications
for refrigerant flammability?
HFO–1234yf and HFC–32 are lower
flammability refrigerants, and the four
refrigerant blends are lower
flammability refrigerant blends, all with
an ASHRAE safety classification of A2L.
See section II.A.2 above for further
discussion on ASHRAE classifications.
3. What are HFO–1234yf, HFC–32, R–
452B, R–454A, R–454B, and R–454C
and how do they compare to other
refrigerants in the same end-use?
See section II.A.3 above for further
discussion on the environmental,
flammability, toxicity, and exposure
information for these refrigerants.
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Redacted submissions and supporting
documentation for HFO–1234yf, HFC–
32 and the four refrigerant blends are
provided in the docket for this proposed
rule (EPA–HQ–OAR–2021–0836) at
https://www.regulations.gov. EPA
performed an assessment to examine the
health and environmental risks of each
of these substitutes. These assessments
are available in the docket for this final
rule.27 28 29 30 31 32
Comparison to other substitutes in
this end-use: HFO–1234yf, HFC–32, and
the four refrigerant blends all have an
ODP of zero, comparable to or lower
than some of the acceptable substitutes
in new residential dehumidifiers, such
as HFC–134a, R–410A, and R–513A,
with ODPs of zero. HCFC–22 and R–
406A (a blend of HCFC–22 and HCFC–
142b) have ODPs of 0.055 and 0.057,
respectively, and are listed as acceptable
in new residential dehumidifiers.
However, HCFC–22 and HCFC–142b are
controlled substances under Title VI of
the CAA and (unless used, recovered,
and recycled) may not be used as a
refrigerant in equipment manufactured
on or after January 1, 2010, under 40
CFR 82.15(g)(2)(i).33 Under 40 CFR
82.16, EPA has not issued any
production and consumption
allowances for HCFC–22 and HCFC–
142b (which is a component of R–406A,
along with HCFC–22) since 2019.
HFO–1234yf, R–454A, R–454B, and
R–454C have GWPs ranging up to about
470, lower than all the acceptable
substitutes for new residential
dehumidifiers, including R–513A and
R–410A with GWPs of 630 and 2,090,
respectively. HFC–32 and R–452B have
GWPs of 675 and 700, respectively,
which are lower than some of the other
acceptable substitutes for new
27 ICF, 2022g. Risk Screen on Substitutes in
Residential Dehumidifiers (New Equipment);
Substitute: HFC–32.
28 ICF, 2022h. Risk Screen on Substitutes in
Residential Dehumidifiers (New Equipment);
Substitute: R–452B.
29 ICF, 2022i Risk Screen on Substitutes in
Residential Dehumidifiers (New Equipment);
Substitute: R–454A.
30 ICF, 2022j. Risk Screen on Substitutes in
Residential Dehumidifiers (New Equipment);
Substitute: R–454B.
31 ICF, 2022k. Risk Screen on Substitutes in
Residential Dehumidifiers (New Equipment);
Substitute: R–454C.
32 ICF, 2022l. Risk Screen on Substitutes in
Residential Dehumidifiers (New Equipment);
Substitute: HFO–1234yf.
33 The regulations at 40 CFR 82.15(g)(2)(ii)
provide limited exceptions to the prohibitions in
82.15(g)(2)(i), including for HCFC–22 ‘‘for use as a
refrigerant in appliances manufactured before
January 1, 2012, provided that the components are
manufactured prior to January 1, 2010, and are
specified in a building permit or a contract dated
before January 1, 2010, for use on a particular
project.’’
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residential dehumidifiers, such as HFC–
134a, R–410A, and R–507A with GWPs
of 1,430, 2,090 and 3,990 respectively,
but higher than R–513A, with a GWP of
about 630.
Information regarding the toxicity of
other available alternatives is provided
in the previous listing decisions for new
residential dehumidifiers (https://
www.epa.gov/snap/substitutesresidential-dehumidifiers). Toxicity
risks of use, determined by the
likelihood of exceeding the exposure
limit, of HFO–1234yf, HFC–32, and the
four refrigerant blends in these end-uses
are evaluated in the risk screens
referenced above. The toxicity risks of
using HFO–1234yf, HFC–32, and the
four refrigerant blends in new
residential dehumidifiers are
comparable to or lower than toxicity
risks of other available substitutes in the
same end-use. Toxicity risks of the
refrigerants can be mitigated by use
consistent with ASHRAE 15 and other
industry standards, recommendations in
the manufacturers’ SDS, and other
safety precautions common in the
refrigeration and AC industry.
The flammability risk with HFO–
1234yf, HFC–32, and the four refrigerant
blends in the new residential
dehumidifiers end-use, determined by
the likelihood of exceeding their
respective lower flammability limits, are
evaluated in the risk screens referenced
in this section above. While these
refrigerants may pose greater
flammability risk than other available
substitutes in the new residential
dehumidifiers end-use, this risk can be
mitigated by use consistent with
ASHRAE 15 and UL 60335–2–40—
which are applicable under the use
conditions—as well as
recommendations in the manufacturers’
SDS and other safety precautions
common in the refrigeration and AC
industry. EPA is finalizing use
conditions to reduce the potential risk
associated with the flammability of
these alternatives so that they will not
pose significantly greater risk than other
acceptable substitutes in the new
residential dehumidifiers end-use.
4. Why is EPA finalizing these specific
use conditions?
EPA is finalizing listing HFO–1234yf,
HFC–32 and the four refrigerant blends
as acceptable, subject to use conditions,
for use in residential dehumidifiers for
new equipment. EPA is finalizing the
use conditions to ensure safe use of
these ODS alternatives regarding their
flammability, toxicity, exposure, and
environmental effects. As discussed
below, commenters generally supported
the use conditions. The use conditions
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identified in this section above are
explained below in section II.E.1 in
greater detail.
5. What additional information is EPA
including in these final listings?
EPA is providing additional
information related to these final
listings. Since this additional
information is not part of the regulatory
decision under SNAP, these statements
are not binding for use of the substitute
under the SNAP program. See section
II.E.2 below for further discussion on
what additional information EPA is
including in these final listings. While
the items listed are not legally binding
under the SNAP program, EPA
encourages users of substitutes to apply
all statements in the ‘‘Further
Information’’ column in their use of
these substitutes as best practices for
safer use.
6. How is EPA responding to comments
on residential dehumidifiers?
Comment: Several commenters
(AprilAire, the Association of Home
Appliance Manufacturers (AHAM),
Competition Advocates, GE Appliances/
Hair, and Madison Indoor Air Quality
(MIAQ)) voiced general support for the
proposed listing of HFC–32 as
acceptable, subject to use conditions, in
residential dehumidifiers. AHAM noted
the industry is ‘‘already in the process
of transitioning to lower GWP
refrigerants for these products and
prefers a national regulatory framework
under which it can operate with a clear
path to compliances.’’ Competition
Advocates commented on their SNAP
application for HFC–32 in residential
dehumidifiers and noted the importance
of transitioning to lower-GWP
alternatives. ‘‘SNAP approval of R–32
use in residential dehumidifiers will
allow the direct and indirect climate
benefits of this lower GWP and more
energy efficient refrigerant to be realized
as consumers purchase and use these
products.’’ GE Appliances commented
that they filed a SNAP application for
the use of HFC–32 in residential
dehumidifiers and noted support for
SNAP Rule 25, urging EPA to move
quickly in finalizing. MIAQ additionally
expressed their support for listing R–
454B as acceptable in the end-use.
Response: EPA acknowledges these
commenters’ general support for the
proposed listings for HFC–32 and R–
454B in residential dehumidifiers, and
appreciates the additional information
provided by AHAM and Competition
Advocates on the transition to lowerGWP refrigerants. EPA agrees with these
comments and is aware that industry
has already started this transition. After
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considering all the public comments on
this proposal, we are finalizing these
listings as described in this section, II.B.
Comment: AHRI, Carrier, Chemours,
Desert-Aire, and MIAQ suggested that
‘‘EPA may wish to incorporate
residential and non-residential
dehumidifiers into the currently used
SNAP category of Residential and Light
Commercial Air Conditioning and Heat
Pumps,’’ as all these products are
developed together through UL 60335–
2–40 (AHRI). MIAQ also recommended
EPA ‘‘revise and clarify the
classification of different types of
dehumidifiers to align with the
definitions in the U.S. Department of
Energy (DOE) test procedure at 10 Code
of Federal Regulations (CFR) 430,
Subpart B, Appendix X1 or in 10 CFR
430.2 and that the CFR definitions take
precedence and may be modified by
DOE.’’
Response: EPA thanks the
commenters for their suggestions on
how to classify dehumidification
equipment. EPA is finalizing the listings
for residential dehumidifiers as
proposed. For a discussion on how EPA
has decided to categorize
dehumidification equipment, see the
Agency’s response to comment included
in section II.C.2, below.
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C. Non-Residential Dehumidifiers—
Decision Not To Finalize the Proposed
Listing of HFC–32 as Acceptable,
Subject to Use Conditions, for Use in
New Non-Residential Dehumidifiers
After review of comments, EPA agrees
that a new non-residential end-use is
not necessary. Therefore, EPA is not
finalizing the proposed listing of HFC–
32 as acceptable, subject to use
conditions for use in a new end-use for
new non-residential dehumidifiers and
instead is clarifying that SNAP
considers dehumidifiers for nonresidential use to fall under the
residential and light commercial AC and
HPs end-use. HFC–32 has previously
been listed as acceptable for use in this
end-use.
1. Why is EPA not finalizing the
proposal to list HFC–32 as acceptable,
subject to use conditions, in new nonresidential dehumidifiers?
After review of the comments
received relating to the creation of the
non-residential end-use, EPA
determined finalizing this section of the
proposal is unnecessary. Commenters
stated that before the NPRM, industry
understood dehumidifiers in a
commercial, or other non-residential,
context to be covered by the end-use
residential and light commercial AC and
HPs. If EPA were to finalize this new
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end-use, it would cause unnecessary
confusion regarding which end-use
certain dehumidification equipment
would be covered by under the SNAP
program. Given that dehumidifiers are
covered by the same UL Standard as
equipment included in residential and
light commercial AC and HPs, and that
charge sizes and room sizes are similar
to light commercial AC systems, EPA
considers the risk profile of nonresidential dehumidifiers when using
flammable refrigerants to be similar to
that of other equipment in that enduse.34 Thus, in light of these comments
and EPA’s reflection on the current
listings, standards, and the lack of any
additional environmental protection
provided by a separate listing for these
dehumidifiers, EPA has determined that
it is not necessary to list non-residential
dehumidifiers as a separate end-use.
Instead, with today’s action, EPA is
clarifying that SNAP considers the
equipment described in the nonresidential dehumidifier section of the
NPRM to be part of the SNAP end-use
residential and light commercial AC and
HPs, with alternatives listed acceptable
previously in that end-use applying to
dehumidifiers used in non-residential
settings.
2. How is EPA responding to comments
on non-residential dehumidifiers?
Comment: Anden, a manufacturer of
agricultural dehumidifiers, commented
in support of listing HFC–32 as
acceptable in the non-residential
dehumidifiers end-use. In contrast,
AHRI, Carrier, Chemours, Desert-Aire,
and MIAQ submitted comments
disagreeing with the proposed creation
of a new non-residential dehumidifier
end-use and the proposed listing of
HFC–32 as the only refrigerant
acceptable for this type of equipment.
Chemours commented requesting EPA
not to finalize creation of the new nonresidential dehumidifiers end-use, given
that industry has been classifying this
type of equipment under residential and
light commercial AC and HPs up until
SNAP NPRM 25, and that the transition
to lower-GWP options for nonresidential dehumidifiers relies heavily
on the availability of substitutes already
listed acceptable in this end-use.
Chemours goes on to discuss how it
would be a large burden on stakeholders
to resubmit SNAP applications for all
the alternatives listed in residential and
light commercial AC and HPs, and
disruption of the current manufacturing
34 ICF, 2023a. Risk Screen on Substitutes in
Residential and Light Commercial Air Conditioning
and Heat Pumps (New Equipment); Substitute:
HFC–32 (Difluoromethane).
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of OEMs who had been operating under
the assumption that certain refrigerants
were allowed for use in their nonresidential dehumidifier equipment that
will no longer be acceptable if this enduse creation is finalized. MIAQ also
suggested classifying non-residential
dehumidifiers (or ‘‘non-consumer
dehumidifiers’’) as part of the
residential and light commercial AC and
HPs end-use.
AHRI and Desert-Aire commented
suggesting EPA to include all
dehumidifiers (both for residential and
non-residential applications) into the
existing residential and light
commercial AC and HPs end-use, given
that these equipment types are all
covered under the same UL 60335–2–40
standard.
As mentioned above in section II.B,
AHRI, Carrier, Chemours, Desert-Aire,
and MIAQ suggested combining both
the residential dehumidifiers and nonresidential dehumidifiers end-uses into
one end-use, ‘‘dehumidifiers.’’ MIAQ
commented recommending that EPA
adopt DOE’s definition of consumer
product dehumidifiers, into the two
subcategories of ‘‘whole home’’ and
‘‘portable.’’ MIAQ also suggested
defining non-residential dehumidifiers
as dehumidifiers that are not consumer
products. Carrier, Chemours, DesertAire, and MIAQ also suggested that the
five refrigerants being finalized in this
rulemaking for residential
dehumidifiers—HFO–1234yf, R–452B,
R–454A, R–454B, and R–454C—should
also be listed for non-residential
dehumidifiers. Desert-Aire cited
similarities in the use-cases of the enduses as justification for including these
refrigerants in both end-uses. MIAQ
further suggested allowing all previous
refrigerants listed as acceptable under
residential dehumidifiers to be applied
to all types of dehumidifiers. Chemours
and MIAQ cited certain equipment that
cannot clearly be placed into either
residential and light commercial AC and
HPs or non-residential dehumidifiers
based on the definitions proposed by
EPA, including dehumidifiers that are
ducted into an HVAC system and can be
run entirely independently of any AC.
Response: EPA acknowledges the
commenters’ varied suggestions on the
best path forward regarding
dehumidification equipment
classification. It is clear from EPA’s
review of the myriad comments
received that the non-residential
dehumidifier end-use as proposed is not
necessary and that industry’s
understanding, previously to the
proposed rule, was that non-residential
dehumidifiers were part of the
residential and light commercial AC and
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HPs end-use. Moreover, if EPA had
finalized this provision as proposed, it
may have resulted in a review of other
listed refrigerants to ensure that
sufficient refrigerant options were
available for this type of equipment.
EPA agrees that by including nonresidential dehumidifying equipment in
an existing end-use, there will be
sufficient refrigerant options available
for this type of equipment. Thus, EPA
has decided not to finalize the proposed
creation of a new non-residential
dehumidifiers end-use. Instead, EPA
concludes that all dehumidifiers for use
in non-residential settings are
appropriately covered under the
existing residential and light
commercial AC and HPs end-use. Based
on the action EPA is taking today,
manufacturers of self-contained
dehumidifiers for use in non-residential
settings will be able to use HFC–32, as
well as other substitutes that are listed
as acceptable in the residential and light
commercial AC and HPs end-use.
EPA acknowledges the suggestion to
combine all dehumidifiers, including
the current residential dehumidifiers
end-use, with the residential and light
commercial AC and HPs end-use. These
types of equipment are covered by the
same safety standards and also have
significant overlap in their risk profiles.
EPA notes that the Agency has in the
past separated residential dehumidifiers
from residential AC, stating that ‘‘While
air conditioning systems often combine
cooling and dehumidification, this
application [residential dehumidifiers]
serves only the latter purpose’’ (March
18, 1994; 59 FR at 13071) and ‘‘. . . we
use the term ‘air conditioner’ and ‘AC’
to cover equipment that cools air, heats
air, or has the function to do both
(typically referred to as a ‘heat pump’).
While such equipment might humidify
or dehumidify the air, the term does not
include equipment whose purpose is for
latent cooling only (i.e., dehumidifiers),
which are a separate end-use under
SNAP’’ (June 12, 2020; 85 FR at 35880).
EPA has not made comparable
statements to separate commercial or
industrial comfort cooling from
commercial or industrial
dehumidification, but neither has the
Agency said before that these are in the
same end-use. EPA may consider
combining residential dehumidifiers
with the residential and light
commercial AC and HPs end-use in a
future rulemaking, to give the public
sufficient notice and opportunity to
comment before potentially making
such a change to the existing end-uses.
Similarly, if EPA were to consider
combining residential dehumidifiers
with non-residential dehumidifiers,
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creating a general ‘‘dehumidifiers’’ enduse, we would also take this action
through notice-and-comment
rulemaking. Although these equipment
types are also similar, EPA believes that
the ‘‘light commercial’’ aspect of the
residential and light commercial AC and
HPs end-use better covers the risk
profile of non-residential dehumidifiers.
These types of equipment are all
covered by the UL 60335–2–40 safety
standard and have significant overlap in
their risk profiles because of similar
room sizes and charge sizes required for
self-contained ACs and HPs and
dehumidifiers used in non-residential
settings.
Concerning the suggestion that EPA’s
SNAP program use DOE’s definitions for
dehumidifiers, EPA understands that
consistency in equipment definitions
between agencies is useful for
stakeholders. However, EPA and DOE
operate under separate authorities and
in this context, these authorities have
separate goals. Currently, the DOE’s
definitions of ‘‘whole home’’ versus
‘‘portable’’ dehumidifiers are similar to
the SNAP definitions. EPA describes
‘‘whole home’’ dehumidifiers as ducted
equipment, covered by the residential
and light commercial AC and HPs enduse, while ‘‘self-contained’’
dehumidifiers, roughly equivalent to
DOE’s ‘‘portable’’ dehumidifiers, are
covered by the residential dehumidifier
end-use. DOE also defines equipment by
user, describing equipment as either
‘‘consumer’’ or ‘‘non-consumer’’
products, whereas EPA’s definitions
reference whether or not the equipment
is used in residential contexts. In this
final rule, EPA is describing
dehumidification equipment
independently of DOE. However, EPA
may consider taking action through a
notice-and-comment rulemaking at a
future date to adopt new definitions.
While the suggestion to list the same
six refrigerants proposed in the
residential dehumidifiers end-use in the
non-residential dehumidifiers end-use
would provide more than HFC–32 as an
option for the equipment, by including
non-residential dehumidifiers in the
residential and light commercial AC and
HPs end-use, many more refrigerant
options, beyond the six discussed, will
be available.
D. Residential and Light Commercial AC
and Heat Pumps (HPs)—Revision of Use
Conditions Provided in the Previous
Listing of HFC–32 as Acceptable for Use
in New Self-Contained Room ACs and
HPs
EPA previously listed HFC–32 as
acceptable, subject to use conditions, in
new self-contained room ACs and HPs
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in SNAP Rule 19 (80 FR 19461; April
10, 2015). In this action we are
finalizing updates to applicable use
conditions for new self-contained room
ACs and HPs using HFC–32 to be
consistent with the use conditions
finalized in SNAP Rule 23 (86 FR
24444; May 6, 2021). EPA proposed
replacing the previously required use
conditions in compliance with UL 484
Standard, 8th Edition, with updated use
conditions in compliance with UL
60335–2–40 Standard, 3rd Edition,
effective 30 days after publication of the
final rule. However, after review of the
comments received, EPA has decided
that manufacturers will be allowed to
manufacture such equipment either
according to UL 484, 8th Edition or
according to UL 60335–2–40, 3rd
Edition on or after the effective date of
this final rule up to and including
January 1st, 2024. Beginning January
2nd, 2024, UL will sunset UL 484 and
only warning labels in compliance with
UL 60335–2–40 will be permitted.
Equipment manufactured before the
effective date of this final action in
compliance with the SNAP
requirements applicable at the time of
manufacture will remain in compliance.
1. Background on Self-Contained Room
ACs and HPs
The residential and light commercial
AC and HPs end-use includes
equipment for cooling air in individual
rooms, in single-family homes, and
sometimes in small commercial
buildings. This end-use differs from
commercial comfort AC, which uses
chillers that cool water that is then used
to cool air throughout a large
commercial building, such as an office
building or hotel. Examples of
equipment for residential and light
commercial AC and HPs include:
• Central ACs, also called unitary AC
or unitary split systems. These systems
include an outdoor unit with a
condenser and a compressor, refrigerant
lines, an indoor unit with an evaporator,
and ducts to carry cooled air throughout
a building. Central heat pumps are
similar but offer the choice to either
heat or cool the indoor space. These
systems are not addressed in this rule.35
• Multi-split ACs. These systems
include one or more outdoor unit(s)
with a condenser and a compressor and
35 EPA has received submissions for HFC–32 and
the hydrocarbon blends R–441A and R–443A, and
no other flammable refrigerants, in new unitary
central air conditioners. This action does not
address flammable refrigerants in unitary central air
conditioners. Introduction into interstate commerce
of refrigerants without giving timely and adequate
notice to EPA is in violation of Section 612(e) of
the CAA and the SNAP regulations at 40 CFR part
82, subpart G.
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multiple indoor units, each of which is
connected to the outdoor unit by
refrigerant lines. These systems are not
addressed in this rule.
• Mini-split ACs. These systems
include an outdoor unit with a
condenser and a compressor and a
single indoor unit that is connected to
the outdoor unit by refrigerant lines.
Cooled air exits directly from the indoor
unit rather than being carried through
ducts. These systems are not addressed
in this rule.
• Window ACs. These are selfcontained units that fit in a window
with the condenser extending outside
the window. These types of units are
regulated under this rule.
• Packaged terminal ACs (PTACs)
and packaged terminal HPs (PTHPs).
These are self-contained units that
consist of a separate, un-encased
combination of heating and cooling
assemblies mounted through a wall.36
These types of units are regulated under
this rule.
• Portable room ACs. These are selfcontained, factory-sealed, single
package units that are designed to be
moved easily from room to room and are
intended to provide supplemental
cooling within a room. These units
typically have wheels or casters for
portability and, under the UL 484
Standard for room ACs, must have a fan
which operates continuously when the
unit is on. Portable room ACs may
contain an exhaust hose that can be
placed through a window or door to
eject heat to the outside. These types of
units are regulated under this rule.
Of these types of equipment, window
ACs, PTACs, PTHPs, and portable room
ACs are self-contained equipment with
the condenser, compressor, evaporator,
and tubing all within casing in a single
unit. These are the types of equipment
for which EPA previously listed HFC–
32 as acceptable, subject to use
conditions, as codified in appendix R to
40 CFR part 82, subpart G.
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2. What are the ASHRAE classifications
for refrigerant flammability?
See section II.A.2 above for further
discussion on ASHRAE classifications.
3. What is HFC–32 and how does it
compare to other refrigerants in the
same end-use?
See section II.A.3 above for further
discussion on the environmental,
flammability, toxicity, and exposure
information for HFC–32.
36 PTACs are intended for use in a single room,
or potentially for two rooms next to each other, and
use no external refrigerant lines. Typical
applications include motel or dormitory air
conditioners.
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Redacted submissions and supporting
documentation for HFC–32 is provided
in the docket for this proposed rule
(EPA–HQ–OAR–2021–0836) at https://
www.regulations.gov. EPA performed an
assessment to examine the health and
environmental risks of HFC–32. This
assessment is available in the docket for
this final rule.37
Comparison to other substitutes in
this end-use: HFC–32 has an ODP of
zero, the same as other acceptable
substitutes in this end-use, such as R–
290, HFC–134a, R–410A, and R–513A,
with ODPs of zero.
HFC–32 has a GWP of 675, higher
than some of the acceptable substitutes
for residential and light commercial air
conditioning and heat pumps, including
ammonia absorption, R–290, and R–
454B with GWPs of zero, three, and
about 470, respectively. HFC–32’s GWP
is lower than some of the acceptable
substitutes for residential and light
commercial air conditioning and heat
pumps, such as R–452B, HFC–134a, and
R–410A, with GWPs of approximately
700, 1,430, and 2,090, respectively.
Information on the toxicity and
flammability risk of HFC–32 in this enduse category was provided in SNAP
Rule 19. In summary, EPA found the
toxicity risks of HFC–32 to be
comparable to or lower than other
acceptable alternatives. Although we
noted that the flammability risk of HFC–
32 may be greater than that of other
available, nonflammable substitutes in
the same end-use, we found that those
risks are not significant even under
worst-case assumptions. These risks of
HFC–32 are similar to the risks of other
flammable refrigerants found acceptable
for this end-use category in SNAP Rule
23 (i.e., R–452B, R–454A, R–454B, R–
454C, and R–457A). We noted there that
this risk can be minimized by use
consistent with industry standards such
as UL 60335–2–40—which would be
required by our proposed revision to the
use conditions—and other industry
standards, such as ASHRAE 15, as well
as recommendations in the
manufacturers’ SDS and other safety
precautions common in the refrigeration
and air conditioning industry. The
updates to the use conditions proposed
maintain the low potential risk
associated with the flammability of this
alternative so that it will not pose
significantly greater risk than other
acceptable substitutes in this end-use
category.
37 ICF, 2022n. Risk Screen on Substitutes in
Residential and Light Commercial Air Conditioning
and Heat Pumps (New Equipment); Substitute:
HFC–32 (Difluoromethane).
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4. What use conditions previously
applied to this refrigerant in this enduse category?
EPA previously found HFC–32
acceptable, subject to use conditions, in
new residential and light commercial
AC for self-contained room AC units,
including PTAC units, PTHPs, window
AC and HP units, and portable AC units,
designed for use in a single room in
SNAP Rule 19 (80 FR 19454; April 10,
2015). Those requirements are codified
in appendix R of 40 CFR part 82,
subpart G. EPA provided information on
the environmental and health properties
of HFC–32 and the various substitutes
available at that time for use in this enduse. Additionally, EPA’s risk screen for
this refrigerant is available in the docket
for this previous rulemaking (EPA–HQ–
OAR–2013–0748).
HFC–32 has an ASHRAE
classification of A2L, indicating that it
has low toxicity and lower flammability.
The flammability risks are of potential
concern because residential ACs and
HPs traditionally used refrigerants that
are not flammable. In the presence of a
higher energy ignition source (e.g.,
lighted match or a cigarette lighter), an
explosion or a fire could occur if the
concentration of HFC–32 were to exceed
the LFL of 144,000 ppm by volume. In
the preamble for the original listing for
three flammable refrigerants, including
HFC–32 and two A3 refrigerants, in selfcontained ACs and HPs in SNAP Rule
19, EPA had described lower energy
ignition sources (e.g., static electricity, a
spark resulting from a closing door, or
a cigarette) as possible ignition sources
that were appropriate for the two A3
refrigerants, but not for HFC–32. This
same description of ignition sources was
used in the preamble of the July 2022
NPRM for this rule and it was not
revised from the original listing in
SNAP Rule 19 to only apply to HFC–32.
After considering comments received on
the proposal, in this preamble to the
final rule, EPA is clarifying that A2Ls
such as HFC–32 require greater energy
input for ignition than previously
described, and that a higher energy
source, such as a lighted match, would
be necessary.
Previously, to address flammability,
EPA listed HFC–32 as acceptable in new
self-contained room AC units, subject to
use conditions. The previous use
conditions addressed safe use of this
flammable refrigerant and included
incorporation by reference of
Supplement SA to the 8th edition
(August 2, 2012) of UL Standard 484,
refrigerant charge size limits based on
cooling capacity and type of equipment,
and requirements for markings and
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warning labels on equipment using the
refrigerant to inform consumers and
technicians of potential flammability
hazards. Without appropriate use
conditions, the flammability risk posed
by this refrigerant could be higher than
non-flammable refrigerants because
individuals may not be aware that their
actions could potentially cause a fire,
and because the refrigerant could be
used in existing equipment that has not
been designed specifically to minimize
flammability risks. Our assessment and
listing decisions in SNAP Rule 19 (80
FR 19454; April 10, 2015) found that
with the use conditions, the overall risk
of this substitute, including the risk due
to flammability, does not present
significantly greater risk in the end-use
than other substitutes that are currently
or potentially available for that same
end-use.
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5. What updates to the use conditions is
EPA finalizing?
EPA is finalizing the proposed
updates to the use conditions that apply
to HFC–32 in new self-contained room
ACs and HPs for equipment
manufactured after the effective date of
this final rule, with the change from
proposal that UL 484 may continue to
be used up to and including its official
sunset date, per UL, of January 1st,
2024. In the time between the effective
date of this final rule and January 1st,
2024, manufacturers will be allowed to
follow either UL 484, 8th Edition or UL
60335–2–40, 3rd Edition. The period
during which manufacturers may follow
either standard provides sufficient time
for manufacturers to transition from UL
484 to UL 60335–2–40. EPA is making
this change after considering public
comment on the timing for the adopting
UL 60335–2–40, discussed further
below in this section. Several of the
updated use conditions finalized for
self-contained room ACs and HPs are
common to those finalized for other
end-uses in sections II.A and II.B above.
Because of this similarity, EPA
discusses the use conditions that apply
to all three end-uses in section II.E. For
HFC–32 in self-contained room ACs and
HPs, these are the use conditions EPA
is finalizing. In summary, with the
updates finalized, the use conditions are
the following:
(1) New equipment only—This
refrigerant may only be used in new
equipment designed specifically and
clearly identified for the refrigerant, i.e.,
this substitute may not be used as a
conversion or ‘‘retrofit’’ refrigerant for
existing equipment. This use condition
is the same as what currently exists for
HFC–32 in this end-use category.
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(2) UL Standard—This refrigerant
(i.e., in this case, HFC–32) may be used
only in equipment (i.e., in this case, selfcontained room ACs and HPs) that meet
all requirements listed either (a) in the
3rd edition, dated November 1, 2019, of
UL Standard 60335–2–40, ‘‘Household
and Similar Electrical Appliances—
Safety—Part 2–40: Particular
Requirements for Electrical Heat Pumps,
Air Conditioners and Dehumidifiers’’
(UL Standard) or (b) in Supplement SA
to the 8th edition, dated August 2nd,
2012, of UL 484, ‘‘Room Air
Conditioners.’’ In cases where this final
rule includes requirements different
than those of the 3rd edition of UL
Standard 60335–2–40 or of Appendix
SA in the 8th edition of UL 484, EPA
is requiring that the appliance would
need to meet the requirements of this
final rule in place of the requirements
in the UL Standards. See section II.E
below for further discussion on the
requirements of the UL 60335–2–40
standard that EPA is incorporating by
reference. This change in the use
conditions allows the standard to which
the equipment must adhere to be either
Supplement SA to the 8th edition, dated
August 2nd, 2012, of UL Standard 484,
‘‘Room Air Conditioners’’ or the 3rd
edition of UL 60335–2–40 until the UL
484 standard sunsets on January 1st,
2024. After that date, self-contained
room ACs and HPs must follow the 3rd
edition of UL 60335–2–40.38
(3) Warning labels—Several warning
labels were proposed as use conditions
as detailed in section II.E below for
equipment being designed in
compliance with UL 60335–2–40.
However, the previously required
warning labels in compliance with UL
484 will also be acceptable through
January 1st, 2024. Therefore,
manufacturers will be allowed to
manufacture such equipment either
according to UL 484, 8th Edition or
according to UL 60335–2–40, 3rd
Edition on or after the effective date of
this final rule up to and including
January 1st, 2024; after this date, UL
will sunset UL 484 and only UL 60335–
2–40 will apply. Beginning January 2nd,
2024, only warning labels in compliance
with UL 60335–2–40 will be permitted.
Equipment manufactured before the
effective date of this final action in
compliance with the SNAP
requirements applicable at the time of
manufacture will remain in compliance.
Equipment designed in compliance with
38 EPA anticipates that we may propose to further
update this use condition to more recent editions
of the UL 60335–2–40 standard in a future
rulemaking and may consider allowing more than
one edition to be used during a specified time
period.
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either UL standard will be required to
use warning label language that aligns
with that standard using the font size
specified by SNAP regulatory
requirements. These labels are similar in
language to those required by UL
standards 484, 8th Edition and 60335–
2–40, 3rd Edition. The warning labels
must be provided in letters no less than
6.4 mm (1⁄4 inch) high and must be
permanent. While the font size is the
same as in the use conditions that
currently apply, several revisions to the
labels and the language in them have
changed for manufactures opting to
adhere with the 3rd edition of UL
60335–2–40.
(4) Markings—Equipment must have
distinguishing red (PMS #185 or RAL
3020) color-coded hoses and piping to
indicate use of a flammable refrigerant.
The equipment shall have marked
service ports, pipes, hoses, and other
devices through which the refrigerant is
serviced. Markings shall extend at least
one inch (25 mm) from the servicing
port and shall be replaced if removed.
This use condition is the same as what
currently exists for HFC–32 in this enduse category.
The amendment to the regulatory text
in appendix R is to indicate that the use
conditions finalized apply to HFC–32
self-contained room AC units
manufactured on or after the effective
date of this final rule, May 30, 2023.
Equipment manufactured before the
effective date of the final rule is not
affected by this action and is hence
subject to the use conditions included
in appendix R at the time they were
manufactured. The finalized revisions to
the current regulatory text update the
use conditions that were included in the
previous listing decision for HFC–32 in
self-contained room ACs and HPs. EPA
notes that there may be other
requirements pertaining to the
manufacture, use, handling, and
disposal of the refrigerants that are not
included in the information listed in the
tables (e.g., the CAA section 608(c)(2)
venting prohibition,4 or Department of
Transportation requirements for
transport of flammable gases).
Flammable refrigerants being recovered
or otherwise disposed of from
residential and light AC appliances are
likely to be hazardous waste under
RCRA (see 40 CFR parts 260–270).
6. How do the updated use conditions
differ from the previous requirements
and why is EPA finalizing the change to
the use conditions?
For manufacturers that adhere to UL
60335–2–40, 3rd Edition, the updated
use conditions EPA is finalizing are
similar to the ones that already exist in
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appendix R of 40 CFR part 82, subpart
G for HFC–32 in this end-use category.
The final requirements that HFC–32
must be used in new equipment only
and must include red markings at
service ports are repeated in this final
listing. Existing room ACs using HFC–
32 manufactured before the effective
date of this final rule are not affected by
the updated use conditions. In addition,
manufacturers may opt to continue to
adhere to the requirements in UL 484,
8th Edition up to and including its
sunset date of January 1st, 2024. After
this date, the use conditions that require
adherence solely with UL 60335–2–40,
3rd Edition, described below and in
greater detail in section II.E.1, will be
mandatory for all relevant equipment.
The warning labels EPA is finalizing
for the use of HFC–32 in self-contained
room ACs and HPs designed to conform
with UL 60335–2–40 are similar to those
required as use conditions for the use of
HFC–32 in residential and light
commercial AC and HPs (excluding selfcontained room ACs and HPs) and for
R–452B, R–454A, R–454B, R–454C, and
R–457A in residential and light
commercial AC and HPs (including selfcontained room ACs and HPs), included
in SNAP Rule 23 in 2021 (86 FR 24463;
May 6, 2021). EPA finds that using a
common set of labels will aid in
compliance, especially for a
manufacturer that uses more than one of
these refrigerants or produces both selfcontained room ACs and HPs and other
types of residential and light
commercial AC and HPs. The updated
label options EPA is finalizing use the
word ‘‘WARNING’’ in lieu of
‘‘DANGER’’ or ‘‘CAUTION’’ and change
‘‘Risk of Fire or Explosion’’ to just ‘‘Risk
of Fire.’’ However, the previous wording
consistent with UL 484, 8th Edition is
allowable up to and including January
1st, 2024 for manufacturers who would
prefer transitioning to UL 60335–2–40,
3rd Edition at a date later than the
effective date of this final rule. EPA is
finalizing that the labels must be
provided in letters no less than 6.4 mm
(1⁄4 inch) high and must be permanent,
which is identical to the current
requirement for HFC–32 in selfcontained room ACs and HPs. In
contrast, for manufacturers choosing to
continue to make self-contained room
ACs and HPs using R–32 according to
Appendix SA and Appendices B
through F of the 8th edition of UL 484
up to and including January 1st, 2024,
rather than making such equipment
according to UL 60335–2–40, the
existing labeling requirements in
appendix R to 40 CFR part 82, subpart
G (listing 10) will continue to apply.
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EPA is updating the standard
incorporated by reference in the use
conditions, requiring users either to
follow certain sections of the 2012
version of UL 484 or to adhere to the 3rd
edition of UL 60335–2–40. Both UL
Standard 484 and UL Standard 60335–
2–40 were developed in an open and
consensus-based approach, with the
assistance of experts in the refrigeration
and AC industry as well as experts
involved in assessing the safety of
products. The revision cycle for the 3rd
edition, including final recirculation,
concluded with its publication on
November 1, 2019. The 2019 UL
Standard overlaps with, and eventually
will replace, the previously published
version of several standards, including
UL Standard 484, 8th Edition on
January 2nd, 2024. EPA was aware of
the continuing progress of UL Standards
to address flammable refrigerants more
appropriately. In the 2021 SNAP Rule
(SNAP Rule 23) listing HFC–32 for other
categories within the residential and
light commercial AC and HPs end-use,
we stated, ‘‘EPA understands that the
standard we relied on in [SNAP] Rule
19 might ‘sunset’ in the future.
Therefore, we will continue to evaluate
the market for the equipment addressed
in that rule, including HFC–32 in selfcontained room ACs, and whether to
establish new or revised use conditions
that reference UL 603352–40’’ (86 FR
24463; May 6, 2021). Today, we are
finalizing such a change knowing that
UL is replacing the standard to which
such equipment is certified from UL 484
to the newer UL 60335–2–40 standard
as of January 2nd, 2024. In addition, in
order to allow manufacturers more time
to transition their product lines from the
earlier UL 484 standard to the UL
60335–2–40 standard, while still
ensuring the safety of equipment
manufactured with flammable
refrigerants, EPA is allowing selfcontained room ACs and HPs
manufactured with HFC–32 to follow
either standard up to and including
January 1st, 2024.
Updating the UL standard
incorporated as a use condition will
allow more consistency among the
products within this end-use and
between HFC–32 and the five A2L
refrigerants listed as acceptable, subject
to use conditions, for this end-use
including those listed for self-contained
room ACs and HPs in SNAP Rule 23.
This change will allow the industry to
focus on the more recent standard. The
change will be helpful in implementing
any transitions needed or planned for
manufacturers, installers, and
technicians. A manufacturer, who may
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offer different products within this enduse with different refrigerants, could use
similar processes, such as in developing
and applying the warning labels
required. Installers and technician,
likewise, would not need to reference
different standards depending on the
type of equipment and the particular
A2L refrigerant being used in that
equipment, when putting in a new piece
of equipment or servicing that
equipment.
Another revision to the use conditions
is charge sizes. In the 2019 SNAP Rule,
charge sizes from both UL 484, 8th
Edition, and those stipulated by tables
within the rule needed to be followed.
These will both continue to be
requirements for equipment designed
according to UL 484, 8th Edition.
However, for equipment designed
according to the 3rd edition of UL
60335–2–40, rather than requiring
examination of both items and
determining which charge size is lower,
the updated use conditions will rely on
a single document, UL 60335–2–40, 3rd
Edition. As stated above, manufacturers
will be allowed to select which standard
they would like their equipment to
follow, up to and including the UL 484,
8th Edition sunset date of January 1st,
2024, and equipment will be considered
in compliance if their charge sizes are
determined either by UL 60335–2–40,
3rd Edition or by UL 484, 8th Edition
in combination with the tables in 40
CFR part 82, subpart G, appendix R.
7. What is the acceptability status of
HFC–32 in self-contained room ACs and
HPs?
The use conditions finalized in this
action apply to new self-contained room
ACs and HPs using HFC–32
manufactured on or after the effective
date of this final rule (30 days after
publication in the Federal Register).
This final rule does not apply to or
affect equipment manufactured before
the effective date of this action and
manufactured in compliance with the
SNAP requirements applicable at the
time of manufacture. For the purposes
of the SNAP program, EPA views
equipment to be manufactured when the
appliance’s refrigerant circuit is
complete, the appliance can function,
the appliance holds a full refrigerant
charge, and the appliance is ready for
use for its intended purposes. Selfcontained room ACs and HPs are factory
charged, meaning manufacture happens
in the factory and thus prior to
distribution in U.S. commerce. For such
products manufactured between May
11, 2015, and the effective date of this
final rule, the applicable use conditions
under SNAP would be those in SNAP
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Rule 19 (which took effect May 11,
2015) and as listed in appendix R of 40
CFR part 82, subpart G (listing 6. Such
products are permitted to be
warehoused and sold in U.S. commerce,
as long as the products were
manufactured (i.e., the refrigerant
circuit was complete) before May 30,
2023. For self-contained room ACs and
HPs using HFC–32 manufactured on or
after the effective date of this final rule
and through January 1, 2024, the use
conditions finalized and listed in the
revisions to appendix R (either listing 6,
if following UL 484, or listing 8 if
following UL 60335–2–40) would apply
under SNAP. For self-contained room
ACs and HPs using HFC–32
manufactured on or after January 2,
2024, the use conditions finalized in
listing 8, including following UL 60335–
2–40, will apply under SNAP,
recognizing that UL intends to sunset
UL 484 as of January 1, 2024.
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8. What additional information is EPA
including in these final listings?
EPA is providing additional
information related to these final
listings. Since this additional
information is not part of the regulatory
decision under SNAP, these statements
are not binding for use of the substitute
under the SNAP program. See section
II.E.2 below for further discussion on
what additional information EPA is
including in these final listings. EPA
notes that the additional information is
similar to, but not identical with, the
additional information in the listing for
HFC–32 in self-contained room ACs and
HPs in SNAP Rule 19. EPA is finalizing
additional information consistent with
that included in the other final listings
for air conditioning equipment in this
rule and consistent with that included
in the listings for four A2L refrigerant
blends listed as acceptable subject to
use conditions in self-contained room
ACs and HPs in SNAP Rule 23. While
the items listed are not legally binding
under the SNAP program, EPA
encourages users of substitutes to apply
all statements in the ‘‘Further
Information’’ column in their use of
these substitutes as best practices for
safer use.
9. How is EPA responding to comments
on updating use conditions for HFC–32
in self-contained room ACs and HPs?
Comment: AHAM, GE Appliances,
and LG Electronics all submitted
comments that the omission of a
transition period between the use
conditions requiring the UL 484
standard and the UL 60335–2–40
standard is inappropriate, and they
request an overlapping timeframe when
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either of the two standards may be used.
GE Appliances stated that
manufacturers need time to convert
products and manufacturing facilities
when moving from compliance with one
standard to the other. Similarly, AHAM
stated that, regardless of the final rule’s
effective date, EPA must ‘‘allow for
some overlap of acceptable use
conditions to allow for product
conversion because the absence of this
overlap places exceptional burden on
appliance manufacturers,’’ and noted
that there are currently home comfort
products on the market based on prior
use conditions under SNAP Rule 19. In
AHAM’s words, ‘‘EPA needs to keep
multiple versions of these standards
available for products to allow
manufacturers time to transition from
one standard to another as they do
under the current standards certification
process.’’ GE Appliances noted that the
phaseout of UL 484 and transition to the
new standard has already been
determined by UL to be January 1st,
2024. Competition Advocates requested
that EPA revise its proposed SNAP Rule
25 use conditions to allow for an
extended implementation time. LG
Electronics supported EPA’s action but
noted that there is no time for product
conversion from UL 484 to UL 60335–
2–40 under the proposed SNAP Rule 25.
LG Electronics suggested that EPA
should allow for some overlap of use
conditions to allow for product
conversion, so that manufacturers can
comply with relevant safety standards.
AHRI suggested that EPA may want to
consider an example of the process for
sunsetting standards used by nationally
recognized testing laboratories (NRTLs).
They said that NRTLs will test and list
equipment to various versions of
standards starting at an agreed-upon
date, and that there may be a transition
period of several years until an older
standard is sunset. AHRI also stated that
existing equipment remains listed to
existing safety standards until the
manufacturer requests to have it
changed, that equipment with major
revisions is treated as ‘‘new’’
equipment, and that equipment with
minor revisions does not require reevaluation. AHRI stated that this would
ensure that equipment can still be listed
to these standards, taking care to avoid
creating a cumbersome additional
process to re-harmonize among
companies and all of the NRTLs.
Daikin commented that they fully
support the provision of the proposal to
update use conditions for HFC–32 to
allow warning labels in line with UL
60335–2–40 to eliminate the disparity
between the warning use condition for
HFC–32 PTACs (listed in SNAP Rule
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19) and the other SNAP-approved A2L
PTACs, listed in SNAP Rule 23.
Response: EPA thanks the
commenters for bringing to our attention
the necessity of a transition period
where either UL 484, 8th Edition or UL
60335–2–40, 3rd Edition could apply.
EPA agrees with commenters that only
allowing 30 days to transition from one
standard to another is insufficient, given
equipment production timelines and
challenges associated with updating
equipment on short notice. Further, we
note that both standards address the
potential hazards of using flammable
refrigerants, allowing HFC–32 to be
used as safely as other refrigerants in
this end-use. Therefore, to offer
manufacturers time for product
conversion, we are providing a
transition period where either standard
may be used. EPA is finalizing that, as
of the effective date of this final rule,
both compliance with UL 484 and
compliance with the 3rd edition of UL
60335–2–40 will be acceptable until
January 1st, 2024, when the UL 484
standard sunsets. The overlap of these
standards will provide manufacturers
time to transition from one standard to
the next, including the different
warning labels. This differs from the
proposed use conditions, which
proposed compliance with only UL
60335–2–40 warning labels as of this
final rule’s effective date. Beginning
January 2nd, 2024, compliance with UL
60335–2–40 will apply, given that
January 1st, 2024, is the official sunset
date of UL 484 per UL. After that date,
only the UL 60335–2–40 standard
applies under SNAP.
EPA appreciates the information
provided by AHRI on the process for
‘‘sunsetting standards used by NRTLs,’’
and we agree that it is important to have
a pathway to compliance as new
standards become available. EPA
believes that adopting the same sunset
date as UL will provide the greatest
clarity for industry on how long UL 484
will be applicable under SNAP.
EPA acknowledges Daikin’s support
of the proposal to update the warning
label use conditions for the existing
listing of HFC–32 in self-contained
room ACs and HPs, originally listed in
SNAP Rule 19.
Comment: Daikin submitted comment
on ignition sources for self-contained
HFC–32 AC and HP units referenced in
SNAP Rule 19 use conditions, stating
that ‘‘The ignition source examples that
EPA cites in the quoted language [e.g.,
static electricity, a spark resulting from
a closing door, or a cigarette] in the
preceding sentence are incorrect.’’
Response: EPA acknowledges Daikin’s
comment regarding ignition sources for
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self-contained HFC–32 AC and HP units
referenced in the preamble for the
original listing published in SNAP Rule
19. The examples of ignition sources
that Daikin cites were appropriate for
certain ASHRAE 34 classified A3
hydrocarbon refrigerants in the context
of SNAP Rule 19 listings. Given that
HFC–32 is classified as an A2L, Daikin
is correct that static electricity, a spark
resulting from a closing door, or a
cigarette are not considered sufficient to
be ignition sources for it. HFC–32 and
other A2L refrigerants require a higher
amount of energy to ignite than A3
refrigerants. Examples of ignition
sources with enough energy to ignite an
A2L refrigerant, found empirically, are a
hot wire at 800 °C or open flames such
as from a butane lighter or a lit candle
coming into contact directly with a
refrigerant leak (Kim and Sunderland,
2018).39 This experiment also found that
many other potential ignition sources
are insufficient to ignite HFC–32 and
certain other A2L refrigerants, such as
cigarettes, electric plug and receptacle,
friction sparks, hair dryers, and space
heaters. In response to Daikin’s
comment, EPA has changed the
language in the preamble for this final
rule from the July 2022 NPRM for HFC–
32 in new self-contained room ACs and
HPs in section II.D, above, to reflect
more appropriate ignition sources for
HFC–32. We are now clarifying the
characterization of the A2L ignition
source that we provided in the preamble
for the original listing in SNAP Rule 19
and the NPRM for this final rulemaking.
That clarification does not affect EPA’s
view that the final use conditions for
HFC–32 described above are
appropriate.
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E. Use Conditions and Further
Information in Final Listings for
Chillers, Residential Dehumidifiers, and
HFC–32 in Self-Contained Room ACs
and HPs
1. What use conditions is EPA finalizing
and why?
As described above, EPA is listing:
• HFO–1234yf, HFC–32, R–452B, R–
454A, R–454B, and R–454C as
acceptable, subject to use conditions,
for use in centrifugal and positive
displacement chillers for new
equipment in comfort cooling
applications, including commercial
AC and IPAC
39 Dennis Kim and Peter Sunderland, ‘‘Viability of
Various Ignition Sources to Ignite A2L Refrigerant
Leaks,’’ 17th International Refrigeration and Air
Conditioning Conference at Purdue University, July,
2018. Available online at: https://
docs.lib.purdue.edu/cgi/viewcontent.cgi?article=
2885&context=iracc.
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• HFO–1234yf, HFC–32, R–452B, R–
454A, R–454B, and R–454C as
acceptable, subject to use conditions,
for use in residential dehumidifiers
for new equipment
In addition, EPA is finalizing
revisions to the use conditions that
apply to the listing of:
• HFC–32 as acceptable, subject to
use conditions, for use in self-contained
room ACs and HPs for new equipment
These use conditions are summarized
in the listings under subheadings II.A
and II.B and the revisions to the use
conditions are summarized under
subheading II.D, above, and are
explained here in greater detail. The use
conditions EPA is finalizing (either as
new listings or revisions to a previous
listing) include conditions requiring use
of each refrigerant in new equipment,
which can be specifically designed for
the refrigerant; use consistent with the
UL 60335–2–40 industry standard, 3rd
Edition, including testing, charge sizes,
ventilation, usage space requirements,
and certain hazard warnings and
markings; and requirements for warning
labels and markings on equipment to
inform consumers and technicians of
potential flammability hazards. The
listings with specific use conditions are
intended to allow for the use of these
lower flammability refrigerants in a
manner that will ensure they do not
pose a greater overall risk to human
health and the environment than other
substitutes in these end-uses.
New Equipment Only; Not Intended for
Use as a Retrofit Alternative
EPA is finalizing that these
refrigerants may be used only in new
equipment which has been designed to
address concerns unique to flammable
refrigerants—i.e., none of these
substitutes may be used as a conversion
or ‘‘retrofit’’ refrigerant for existing
equipment. The information that EPA
has considered in our review of
flammability risks of this refrigerant in
this end-use is based on designing and
testing new equipment and not on
mitigation methods specific to
retrofitting of existing equipment
designed for non-flammable refrigerants.
Neither the submitters nor public
commenters suggested that EPA should
consider listing the refrigerants covered
by this rule for chillers, dehumidifiers,
or self-contained room ACs and HPs for
retrofit use. Therefore, EPA is finalizing
that they may only be used in new
equipment which can be properly
designed for their use. This use
condition does not affect the ability to
service a system using the refrigerant
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once installed, including the adding of
refrigerant or replacing components.
This use condition would not affect
the ability to service a system using one
of these refrigerants once installed,
including the adding of refrigerant or
replacing components.
Standards
EPA is finalizing that the flammable
refrigerants may be used only in
equipment that meets all requirements
in UL Standard 60335–2–40, 3rd
Edition.
Those participating in the UL 60335–
2–40 consensus standards process have
tested equipment for flammability risk
and evaluated the relevant scientific
studies. Further, UL has developed
safety standards including requirements
for construction and system design, for
markings, and for performance tests
concerning refrigerant leakage, ignition
of switching components, surface
temperature of parts, and component
strength after being scratched. Certain
aspects of system construction and
design, including charge size,
ventilation, and installation space, and
greater detail on markings, are discussed
further below in this section. The UL
60335–2–40 Standard was developed in
an open and consensus-based approach,
with the assistance of experts in the AC
industry as well as experts involved in
assessing the safety of products. While
similar standards exist from other
bodies such as the International
Electrotechnical Commission (IEC), we
are finalizing to rely on specific UL
standards that are most applicable and
recognized by the U.S. market. This
approach is the same as that in our
previous rules on flammable refrigerants
(e.g., 76 FR 78832; December 20, 2011,
80 FR 19454; April 10, 2015, and 86 FR
24444; May 6, 2021).
A summary of the requirements of UL
60335–2–40 as they affect the
refrigerants and end-use addressed in
this section of our rule follows. This
summary is offered for information only
and does not provide a complete review
of the requirements in this standard.
Among the provisions in UL 60335–
2–40 are limits on the amount of
refrigerant allowed in each type of
appliance based on several factors
explained in that standard. The
requirements in UL 60335–2–40 reduce
the risk to workers and consumers.
Annex GG of the standard provides the
charge limits, ventilation requirements
and requirements for secondary circuits.
The standard specifies requirements for
installation space of an appliance (i.e.,
room floor area) and/or ventilation or
other requirements that are determined
according to the refrigerant charge used
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in the appliance, the installation
location and the type of ventilation of
the location or of the appliance. Within
Annex GG, Table GG.1 provides
guidance on how to apply the
requirements to allow for safe use of
flammable refrigerants. UL 60335–2–40,
3rd Edition contains provisions for
safety mitigation. These mitigation
requirements were developed to ensure
the safe use of flammable refrigerants
over a range of appliances. In general, as
larger charge sizes are used, more
stringent mitigation requirements are
required by the standard. In certain
applications, refrigerant detection
systems (as described in Annex LL,
Refrigerant detection systems for A2L
refrigerants) and refrigerant sensors (as
described in Annex MM, Refrigerant
sensor location confirmation tests) such
as safety alarms are required by the
standard. Where air circulation (i.e.,
fans) is required in accordance with
Annex GG or Annex 101.DVG, it must
be initiated by a separate refrigerant
detection system either as part of the
appliance or installed separately. In a
room with no mechanical ventilation,
Annex GG provides requirements for
openings to rooms based on several
factors, including the charge size and
the room area. The minimum opening is
intended to be sufficient so that natural
ventilation would reduce the risk of
using a flammable refrigerant. The
standard also includes specific
requirements covering construction,
instruction manuals, allowable charge
sizes, mechanical ventilation, safety
alarms, and shut off valves for A2L
refrigerants.
In addition to Annex GG and Table
GG.1 mentioned above, UL 60335–2–40
has a requirement for the maximum
charge for an appliance using an A2L
refrigerant. Additional requirements
exist for charge sizes exceeding three
times the LFL.
Table GG.1 of the UL standard
indicates that systems with refrigerant
charges exceeding certain amounts are
outside the scope of the standard,
stating that ‘‘National standards apply.’’
Specifically, if the refrigeration circuit
with the greatest mass of a flammable
refrigerant is more than 260 times the
lower flammability limit (in kg/m3),
such equipment is outside the scope.
For example, HFC–32 has an LFL of
approximately 0.307 kg/m3 (0.0192 lb/
ft3); therefore, equipment with charge
sizes of a single circuit exceeding 79.82
kg (176.0 lb) would fall outside the
scope of the UL Standard. EPA expects
that many chillers could exceed these
charge thresholds and therefore is
proposing that an additional safety
standard would apply for all chillers, as
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discussed in section II.A.4, above. EPA
does not expect this situation to occur
for residential dehumidifiers or selfcontained room ACs and HPs because of
their smaller charge sizes.
EPA recognizes that an updated
edition of this standard, Edition 4, was
published on December 17, 2022.
Nevertheless, EPA is finalizing this
rulemaking to the 3rd Edition of this
standard because the 4th Edition was
not available ahead of the issuance of
the proposed rule for the Agency to
consider. Therefore, since the 4th
Edition was published several months
after the proposed rule and after the
close of the comment period, EPA could
not have reviewed the standard for
inclusion in the proposal and there was
no opportunity for public comment on
whether to incorporate it into the use
conditions for these listings. EPA
intends to review the 4th edition and if
appropriate, EPA will propose to update
the use conditions contained in this
final rule in a subsequent rulemaking.
Warning Labels
EPA is requiring labeling of chillers
and residential dehumidifiers. In
addition, EPA is modifying the
previously promulgated use conditions
for HFC–32 self-contained room ACs
and HPs (‘‘equipment’’) to update the
warning label text. EPA is finalizing that
the following labels, or the equivalent,
must be provided in letters no less than
6.4 mm (1⁄4 inch) high and must be
permanent (except for HFC–32 selfcontained equipment opting to follow
the current use conditions in
compliance with UL 484, 8th Edition up
to and including its sunset date of
January 1st, 2024):
i. On the outside of the equipment:
‘‘WARNING—Risk of Fire. Flammable
Refrigerant Used. To Be Repaired
Only By Trained Service Personnel.
Do Not Puncture Refrigerant Tubing’’
ii. On the outside of the equipment:
‘‘WARNING—Risk of Fire. Dispose of
Properly In Accordance With Federal
Or Local Regulations. Flammable
Refrigerant Used’’
iii. On the inside of the equipment near
the compressor: ‘‘WARNING—Risk of
Fire. Flammable Refrigerant Used.
Consult Repair Manual/Owner’s
Guide Before Attempting to Service
This Product. All Safety Precautions
Must Be Followed’’
iv. For any equipment pre-charged at
the factory, on the equipment
packaging or on the outside of the
equipment: ‘‘WARNING—Risk of Fire
due to Flammable Refrigerant Used.
Follow Handling Instructions
Carefully in Compliance with
National Regulations’’
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1. If the equipment is delivered
packaged, this label shall be applied
on the packaging
2. If the equipment is not delivered
packaged, this label shall be applied
on the outside of the appliance
EPA expects that all residential
dehumidifiers and all self-contained
room ACs and HPs would be packaged,
and hence this label would be placed as
stipulated in item 1 above. For selfcontained room ACs and HPs that are
opting to continue being manufactured
according to UL 484, 8th Edition, the
existing labeling requirements apply
until the standard sunsets on January 1,
2024, and are described in the section
below. EPA expects that chillers could
be provided packaged or not, and this
label would be placed as stipulated in
item 1 or 2, respectively.
v. On the equipment near the
nameplate:
1. At the top of the marking: ‘‘Minimum
installation height, X m (W ft).’’ This
marking is only required if the similar
marking is required by the 3rd Edition
of UL 60335–2–40. The terms ‘‘X’’ and
‘‘W’’ shall be replaced by the numeric
height as calculated per the UL
Standard. Note that the formatting
here is slightly different than the UL
Standard; specifically, the height in
Inch-Pound units is placed in
parentheses and the word ‘‘and’’ has
been replaced by the opening
parenthesis.
2. Immediately below v.1. above or at
the top of the marking if v.1. is not
required: ‘‘Minimum room area
(operating or storage), Y m2 (Z ft2).’’
The terms ‘‘Y’’ and ‘‘Z’’ shall be
replaced by the numeric area as
calculated per the UL Standard. Note
that the formatting here is slightly
different than the UL Standard;
specifically, the area in Inch-Pound
units is placed in parentheses and the
word ‘‘and’’ has been replaced by the
opening parenthesis.
vi. For non-fixed equipment, including
residential dehumidifiers and selfcontained room ACs and HPs, on the
outside of the product: ‘‘WARNING—
Risk of Fire or Explosion—Store in a
well-ventilated room without
continuously operating flames or
other potential ignition.’’ EPA expects
that this label would be required on
residential dehumidifiers, nonresidential dehumidifiers, and HFC–
32 self-contained room ACs (e.g.,
including portable ACs, window ACs,
PTACs and PTHPs).
vii. For fixed equipment that is ducted,
near the nameplate: ‘‘WARNING—
Risk of Fire—Auxiliary devices which
may be ignition sources shall not be
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installed in the ductwork, other than
auxiliary devices listed for use with
the specific appliance. See
instructions.’’
The text of the warning labels, above
in i. through iv., vi., and vii., is exactly
the same as that required in UL 60335–
2–40, while the text of the label
identified in v. is similar to that in the
UL Standard. The major difference
between this rule’s warning label
requirements and the requirements in
Table 101.DVF.1 of UL 60335–2–40 is
that the markings for A2L refrigerants,
including HFO–1234yf, HFC–32 and the
four refrigerant blends, are required to
be no less than 3.2 mm (1⁄8 inch) high
in the standard instead of 6.4 mm (1⁄4
inch) as EPA is finalizing in this action.
EPA considers it difficult to see warning
labels with the minimum lettering
height requirement for A2L refrigerants
of 3.2 mm (1⁄8 inch) in the UL Standard.
Therefore, as in the requirements in our
previous flammable refrigerants rules
(e.g., 76 FR 78832; December 20, 2011
and 80 FR 19454; April 10, 2015 and 86
FR 24444; May 6, 2021), EPA is
finalizing that the minimum height for
lettering must be 6.4 mm (1⁄4 inch) as
opposed to 3.2 mm (1⁄8 inch), which will
make it easier for technicians,
consumers, retail storeowners, first
responders, and those disposing the
appliance to view the warning labels.
For those manufacturers of new selfcontained room ACs and HPs opting to
follow the UL 484, 8th Edition standard
up to and including its sunset date of
January 1st, 2024, EPA is finalizing that
the following markings, or the
equivalent, must be provided in letters
no less than 6.4 mm (1⁄4 inch) high and
must be permanent:
(a) On the outside of the air
conditioner: ‘‘DANGER—Risk of Fire or
Explosion. Flammable Refrigerant Used.
To Be Repaired Only By Trained Service
Personnel. Do Not Puncture Refrigerant
Tubing.’’
(b) On the outside of the air
conditioner: ‘‘CAUTION—Risk of Fire
or Explosion. Dispose of Properly In
Accordance With Federal Or Local
Regulations. Flammable Refrigerant
Used.’’
(c) On the inside of the air conditioner
near the compressor: ‘‘CAUTION—Risk
of Fire or Explosion. Flammable
Refrigerant Used. Consult Repair
Manual/Owner’s Guide Before
Attempting To Service This Product. All
Safety Precautions Must Be Followed.’’
(d) On the outside of each portable air
conditioner: ‘‘WARNING: Appliance
shall be installed, operated and stored
in a room with a floor area larger the
‘‘X’’ m2 (Y ft2).’’ The value ‘‘X’’ on the
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label must be determined using the
minimum room size in m2 calculated
using Appendix F of UL 484, 8th
Edition.
However, after the sunset of UL 484
on January 1st, 2024, the use conditions
described above, related to the 3rd
edition of UL 60335–2–40, will apply
for all self-contained room ACs and HPs
under SNAP.
Markings
Our understanding of the UL
Standard is that red markings, similar to
those EPA has applied as use conditions
in past actions for flammable
refrigerants (76 FR 78832; December 20,
2011 and 80 FR 19454; April 10, 2015
and 86 FR 24444; May 6, 2021), are
required by the UL Standard for A2 and
A3 refrigerants but not A2L refrigerants.
EPA is finalizing that such markings
apply to these A2L refrigerants as well,
to establish a common, familiar and
standard means of identifying the use of
a flammable refrigerant.
These red markings will help
technicians immediately identify the
use of a flammable refrigerant, thereby
potentially reducing the risk of using
sparking equipment or otherwise having
an ignition source nearby. The AC and
refrigeration industry currently uses
red-colored hoses and piping as means
for identifying the use of a flammable
refrigerant based on previous SNAP
listings. Likewise, distinguishing
coloring has been used elsewhere to
indicate an unusual and potentially
dangerous situation, for example in the
use of orange-insulated wires in hybrid
electric vehicles. Currently under the
SNAP listings, as applicable, colorcoded hoses or pipes must be used for
ethane, HFC–32, R–452B, R–454A, R–
454B, R–454C, R–457A, isobutane,
propane, and R–441A in certain types of
equipment where these are listed
acceptable, subject to use conditions.
All such tubing must be colored red
PMS #185 or RAL 3020 to match the red
band displayed on the container of
flammable refrigerants AHRI Guideline
N, ‘‘2017 Guideline for Assignment of
Refrigerant Container Colors.’’ The
intent of this requirement is to provide
adequate notice for technicians and
others that a flammable refrigerant is
being used within a particular piece of
equipment or appliance. Another goal is
to provide adequate notification of the
presence of flammable refrigerants for
personnel disposing of appliances
containing flammable refrigerants. As
explained in a previous SNAP rule, one
mechanism to distinguish hoses and
pipes is to add a colored plastic sleeve
or cap to the service tube. (80 FR 19465;
April 10, 2015). Other methods, such as
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a red-colored tape could be used. The
colored plastic sleeve, cap, or tape
would have to be forcibly removed in
order to access the service tube and
would have to be replaced if removed.
This would signal to the technician that
the refrigeration circuit that she/he was
about to access contained a flammable
refrigerant, even if all warning labels
were somehow removed. This sleeve,
cap or tape would be of the same red
color (PMS #185 or RAL 3020) and
could also be boldly marked with a
graphic to indicate the refrigerant was
flammable. This could be a costeffective alternative to painting or
dyeing the hose or pipe.
EPA is finalizing the use of colorcoded hoses or piping as a way for
technicians and others to recognize that
a flammable refrigerant is used in the
equipment. This would be in addition to
the proposed use of warning labels
discussed above. EPA considers having
two such warning methods to be
reasonable and consistent with other
general industry practices. This
approach is the same as that adopted in
our previous rules on flammable
refrigerants (e.g., 76 FR 78832;
December 20, 2011 and 80 FR 19454;
April 10, 2015 and 86 FR 24444; May
6, 2021).
2. What additional information is EPA
including in these final listings?
For chillers, residential
dehumidifiers, and self-contained room
ACs and HPs, EPA is including
additional information, found in the
‘‘Further Information’’ column of the
regulatory text at the end of this
document, to protect personnel from the
risks of using flammable refrigerants.
Similar to our previous listings of
flammable refrigerants, EPA is including
information on the OSHA requirements
at 29 CFR part 1910, proper ventilation,
personal protective equipment, fire
extinguishers, use of spark-proof tools
and equipment designed for flammable
refrigerants, and training. Since this
additional information is not part of the
regulatory decision under SNAP, these
statements are not binding for use of the
substitute under the SNAP program.
While the items listed are not legally
binding under the SNAP program, EPA
encourages users of substitutes to apply
all statements in the ‘‘Further
Information’’ column in their use of
these substitutes as best practices for
safer use.
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3. How is EPA responding to comments
on use conditions and further
information for chillers, residential
dehumidifiers, and HFC–32 selfcontained room ACs and HPs?
Comment: Several commenters
(AHRI, the Alliance for Responsible
Atmospheric Policy (the Alliance),
Anden, AprilAire, AHAM,
ATMOsphere, Carrier Global
Corporation, Competition Advocates,
Daikin, Diversified CPC International,
the Environmental Investigation Agency
(EIA), GE Appliances/Haier, LG
Electronics U.S.A., Chemours, Trane,
UL Solutions) commented in support of
incorporating by reference the industry
standards UL 60335–2–40 and ASHRAE
15 into the use conditions for chillers,
residential dehumidifiers, and selfcontained room AC and HPs, but
expressed concerns on the Agency’s
timing of referencing specific editions of
these standards.
AHRI, Chemours, and UL stated that
a new version of UL 60335–2–40, the
4th edition, may soon be published.
Carrier and Daikin recommended using
the 4th edition of UL 60335–2–40
instead of the proposed 3rd edition of
that standard if the 4th edition is
published before EPA issues a final
rulemaking. EIA, an environmental
group, stated that the 4th Edition of UL
60335–2–40 should be used in the final
rule’s use conditions if published before
EPA takes final action on this rule.
Trane recommended delaying approval
of SNAP Rule 25 as it relates to chillers,
until it can incorporate by reference the
4th Edition of UL 60335–2–40. UL
stated that the 4th edition has many
improvements over the 3rd edition,
including updates requested by the fire
service community. Anden and
AprilAire both suggested EPA allow for
use of the 3rd edition ‘‘in addition to’’
the 4th edition, rather than ‘‘in lieu of’’
the 4th edition, as EPA proposed.
Chemours and Carrier suggested that
EPA update previous rules with older
editions of standards (e.g., SNAP Rule
23).
Some commenters, such as Daikin
and Chemours, noted that the 2022
version of ASHRAE 15 was likely to be
published a few months after the NPRM
and before the final rule would be
issued. UL mentioned the pending
publication of ASHRAE 15–2022, in
addition to the May of 2022 version of
ASHRAE 15.2, a new residential version
of the standard. Chemours and Carrier
also stated that once the new versions
of the UL 60335–2–40 and ASHRAE 15
standards are published, the use
conditions of the proposed rule should
be updated.
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AHRI stated that it will be important
to have a pathway to compliance as
each new edition becomes available. LG
Electronics and AHAM stated that
NRTLs do not have a required date to
comply with the 3rd edition and
expressed concern that this will cause
issues in obtaining proper testing for the
products. AHAM commented,
particularly with respect to the use of
HFC–32 in self-contained room ACs and
HPs, that the Agency must allow for
transition periods within the rule so that
manufactured products can comply
with relevant safety standards. The
Alliance commented on their support
for dealing with codes and standards
issues raised by AHAM and AHRI. They
noted this is a critical issue and has
been a critical issue for several years
now, but that integration of the codes
and standards will allow transition
schedules for alternatives. Competition
Advocates ‘‘encourage[d] EPA to revise
its proposed SNAP Rule 25 use
conditions to allow for an extended
implementation time.’’ Trane
commented that there should be an
expedited process for updating the
linked standards to allow for ease of
compliance and ensure the availability
of the latest technologies.
GE Appliances noted support for
SNAP Rule 25 and urged EPA to move
quickly in finalizing. AHAM urged the
Agency to ‘‘expedite finalizing this
rule,’’ referencing regulations in
California limiting refrigerant options in
dehumidifiers as of the start of 2023.
Response: EPA thanks the
commenters for their support of
including ASHRAE 15 and UL 60335–
2–40 standards in the use conditions for
chillers, residential dehumidifiers, and
self-contained ACs and HPs in SNAP
Rule 25. EPA acknowledges the
information on further developments in
the UL 60335–2–40 standard and
ASHRAE standards processes and
realizes that new editions of both
standards have been published since the
issuance of the proposed rule and after
the close of the comment period. After
considering all the public comments on
this proposal, we are finalizing the
editions of relevant standards required
by the use conditions for chillers,
dehumidifiers, and self-contained ACs
and HPs as proposed. EPA is
incorporating by reference the 3rd
edition of UL 60335–2–40 and the 2019
edition of ASHRAE 15. The 3rd edition
of UL 60335–2–40 includes extensive
revisions specifically to address
flammability risks of A2L refrigerants
and reach industry-wide consensus. We
conclude that the 3rd edition adequately
addresses the use of these A2L
refrigerants in the equipment proposed
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and as discussed below, if the Agency
determines changes are warranted, the
Agency can do so in a future
rulemaking.
EPA is aware of the new 4th edition
of UL 60335–2–40 and the ASHRAE 15–
2022 standards that have recently been
published. However, these editions
were not available in advance of the
development of the proposed rule and
thus were not considered. In addition,
the public did not have the opportunity
to review and comment on a proposed
rule that reflected those new editions.
EPA recognizes that the UL standards
are under continuous maintenance—as
are ASHRAE Standards 15 and 15.2—
and hence may change again, even
though the mentioned editions are
newly published. Past experience
suggests it is difficult to align the
regulatory development process with
these standard-setting processes. EPA
concluded that rather than wait for the
issuance of a new edition (which could
be replaced with a subsequent edition),
it was important for EPA to act on the
SNAP submissions and propose listings
based on the best available information,
which included the available editions of
the relevant UL and ASHRAE standards.
Furthermore, now that a 4th edition of
the UL Standard and the 2022 version
of ASHRAE 15 are released, EPA will
review the relevant changes and may
develop a subsequent rulemaking,
allowing for a notice and comment
period for the public to provide their
opinions on the updates.
Some commenters supported moving
forward with the rule using the 3rd
edition of UL 60335–2–40 consistent
with EPA’s proposal. EPA concludes
that reliance on the 3rd edition of the
UL Standard, the 2019 version of
ASHRAE 15, and other use conditions
allows applicable products to be used
safely. Given the comments received
expressing desire for quick finalization
of the rule, EPA’s understanding that
the 3rd edition provides many desired
improvements on the 2nd edition, and
environmental benefits to providing
these ODS alternatives as quickly as
possible, EPA is finalizing to the 3rd
edition of UL 60335–2–40.
Regarding Trane’s comment
requesting an expedited updating
process for standards, EPA does not
have an automatic process or a process
with fewer steps, as each particular
iteration of a standard must be reviewed
by the Agency. Additionally, updating
the standard involves a change to
regulations, and the Agency typically
uses a notice-and-comment process to
change the standard that is incorporated
into regulations. In response to
comments from Chemours and Carrier
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that EPA should also update previous
rules with older editions of standards,
EPA notes that this is outside the scope
of this rulemaking. EPA will continue to
consider changes to relevant standards,
both for this rule and for previous rules
addressing flammable refrigerants, and
the Agency may consider whether any
revisions to the SNAP program
regulations should be proposed at a
future date.
Comment: Several commenters noted
concerns regarding the proposed use
conditions (AHRI, the Alliance, Anden,
AprilAire, Competition Advocates,
Daikin, Diversified CPC International).
Anden commented on EPA’s proposed
use condition requiring ‘‘marked service
ports, pipes, hoses, and other devices
through which the refrigerant is
serviced’’ and requested ‘‘EPA to clarify
in the final rule that this particular use
condition does not apply to equipment
that does not have service ports.’’
Similar to Anden, AprilAire commented
on ‘‘marked service ports’’ and
requested ‘‘EPA to clarify in the final
rule that this particular use condition
does not apply to equipment that does
not have service ports.’’ AprilAire noted
that their products generally do not
contain service ports.
Daikin noted that ‘‘EPA inaccurately
characterized the operation of chillers in
its general description of warning label
use conditions ‘‘vii. For fixed
equipment that is ducted, including
chillers. . . .’’ 87 F.R. at 45523
(emphasis added).’’
Diversified CPC International, a
producer of specialty gases, including
hydrocarbon refrigerants, commented
on the use of hydrocarbon refrigerants
and noted it has ‘‘been limited within
the United States due to refrigerant
charge limitations that are much lower
than most regions in the world. For
example, the IEC Standard IEC 60335–
2–40 allows for 1,000 grams charge size
for indoor air conditioning units and a
5 kg limit for outdoor air conditioning
units.’’ They stated that EPA should
consider modifying use conditions to
allow compliance for larger A3 charge
sizes for various types of equipment that
falls under the scope of UL 60335–2–40,
3rd Edition and UL 60335–2–89, 2nd
Edition. ATMOsphere, a trade group,
stated that the next step for revising
North American safety standards will be
to form a CANENA Technical
Harmonization Committee (THC) to
discuss possibly adopting changes from
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the 7th and most recent edition of the
IEC into a future edition 5 of UL 60335–
2–40, with larger charge sizes for
hydrocarbons.
Response: The Agency acknowledges
support for the proposed listings
covered by the use conditions in this
section of the preamble. After
considering all the public comments on
the proposal, we are finalizing these use
conditions, with modifications in
response to the comments received. A
few commenters requested clarification
on use conditions requiring ‘‘marked
service ports, pipes, hoses, and other
devices through which the refrigerant is
serviced.’’ EPA considers the marked
service port use condition to apply to
equipment without service ports, as
servicing or recovery occurs through
their pipes, hoses, or other devices.
Technicians will still need information
provided by the service port markings in
these circumstances. After considering
all the public comments on this
proposal, we are finalizing this use
condition as proposed.
EPA agrees with comments provided
by Daikin indicating that EPA may have
inadvertently mischaracterized the
operation of chillers in its general
description of warning label use
conditions. In response to this
comment, EPA has edited the warning
label description for fixed equipment to
keep the reference to ducted equipment
and to remove the reference to chillers.
EPA is aware of the larger charge sizes
for hydrocarbon refrigerants allowed in
updated versions of UL standards, such
as UL 60335–2–89, 2nd Edition and UL
60335–2–40, 3rd Edition. EPA did not
propose to increase the charge sizes of
A3 refrigerants, thus this request is
beyond the scope of this rulemaking.
Additionally, EPA did not consider
equipment covered by the UL 60335–2–
89 standard in this rulemaking. Any
changes to use conditions for listings
not included in the proposal are beyond
the scope of this final rule, and if EPA
concludes that proposing changes to the
listings is warranted, it would typically
initiate a separate rulemaking process.
The Agency is familiar with the process
of forming a CANENA THC to discuss
proposals for adopting the changes in
IEC 60335–2–40 Edition 7 into the next
edition of the North American safety
standards, including the 5th edition of
UL 60335–2–40. If a 5th edition of UL
60335–2–40 is released, EPA can
consider any relevant changes such as
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allowing for larger charge sizes for
hydrocarbon refrigerants in a future
rulemaking.
F. Very Low Temperature Refrigeration
(VLTR)—Listing of R–1150 as
Acceptable, Subject to Use Conditions
and Narrowed use limits, for Use in New
VLTR
In the NPRM, EPA proposed to list R–
1150 as acceptable, subject to use
conditions and narrowed use limits, for
use in new VLTR equipment. No
comments were received in regard to
this listing. Therefore, EPA is finalizing
the listing of R–1150 in VLTR as
proposed.
1. Background on VLTR
The very low temperature
refrigeration (VLTR) end-use includes a
wide range of equipment types. VLTR
equipment is intended to maintain
temperatures considerably lower than
for refrigeration of food (below ¥62 °C
or ¥80 °F). Examples of very low
temperature refrigeration equipment
include medical freezers and freezedryers, which generally require
extremely reliable refrigeration cycles to
maintain low temperatures and must
meet stringent technical standards. In
some cases, VLTR equipment may use a
refrigeration system with two stages,
each with its own refrigerant loop. This
allows a greater range of temperatures
and may reduce the overall refrigerant
charge.
For this rulemaking, only equipment
designed to reach temperatures lower
than ¥80 °C (¥112 °F) is addressed. See
sections II.E.6 and II.E.7 below for a
discussion of the narrowed use limits
describing the reasoning for this
temperature requirement. Examples of
equipment covered by this final rule in
the VLTR end-use include:
• Freeze dryers. This equipment
typically includes a two-stage system,
with a VLTR stage being addressed by
this rule and a warmer stage, usually
classified as IPR, not addressed in this
final rule. The primary application of
this equipment is for freeze drying
material in a laboratory setting.
• Cold traps required to operate
below ¥80 °C or ¥112 °F. This
equipment is used during laboratory
evaporation to condense vapors to
prevent them from entering and
damaging the pump, or leaking into the
environment, ensuring a closed system
within the vacuum pump.
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• Very low temperature freezers
designed to reach temperatures below
¥80 °C or ¥112 °F.
This final listing decision for R–1150
addresses these types of equipment, as
well as other types of VLTR equipment
not mentioned that fit within the
narrowed use limits described in section
II.F.6, under SNAP. This listing
addresses all types of VLTR equipment
that meet the requirements of the UL
Standard 61010–2–011, 2nd Edition,
and for all applications of such
equipment under EPA’s final use
conditions and narrowed use limits.
Because UL Standard 61010–2–011 only
applies to laboratory equipment, we
understand that only VLTR equipment
that is also laboratory equipment is
eligible to use R–1150 under the use
condition.
2. What is EPA’s final listing decision
for R–1150?
EPA is listing R–1150 as acceptable,
subject to use conditions and narrowed
use limits, for use in VLTR equipment,
including freeze-dryers, cold traps, and
very low temperature freezers.
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3. What is R–1150 and how does it
compare to other refrigerants in the
same end-use?
R–1150, also known as ethene or
ethylene (CAS Reg. No. 75–85–1), is an
unsaturated hydrocarbon. It is a
flammable refrigerant with the ASHRAE
safety classification A3. You may find a
copy of the applicants’ submissions,
with CBI redacted, providing the
required health and environmental
information for this substitute in this
end-use in Docket EPA–HQ–OAR–
2021–0836 at https://
www.regulations.gov under the names
‘‘Supporting Materials for Rule 25
Listing of R–1150 in Refrigeration and
Air Conditioning. SNAP Submission
Received December 3, 2018’’ and
‘‘Supporting Materials for Rule 25
Listing of R–1150 in Refrigeration and
Air Conditioning. SNAP Submission
Received January 21, 2021.’’ EPA
performed an assessment to examine the
health and environmental risks of this
substitute. This assessment is available
in Docket EPA–HQ–OAR–2021–0836:
‘‘Risk Screen on Substitutes in Very
Low Temperature Refrigeration (New
Equipment). Substitute: R–1150.’’ 40
Environmental information: R–1150
has an ODP of zero and a GWP of four.
In addition to ODP and GWP, EPA
evaluated potential impacts of R–1150
and other hydrocarbon refrigerants on
40 ICF, 2022o. Risk Screen on Substitutes in Very
Low Temperature Refrigeration (New Equipment);
Substitute: R–1150.
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local air quality. R–1150 is considered
a VOC and is not excluded from EPA’s
regulatory definition of VOC (see 40
CFR 51.100(s)) for the purpose of
addressing the development of SIPs to
attain and maintain the NAAQS. As
described below, EPA estimates that
potential emissions of R–1150, when
used in the refrigeration and AC sector
in the VLTR end-use consistent with
this listing under the SNAP program,
would not have a significant impact on
local air quality.41 42
In response to the increased market
share of hydrocarbon refrigerants,
particularly in VLTR applications, EPA
conducted additional analysis of various
scenarios to consider the potential
impacts on local air quality if
hydrocarbon refrigerants were used in
further applications.43 In particular, use
of R–1150 in very low temperature
freezers, including VLTR equipment
with an IPR stage using propylene, and
the use of R–1150 in retail food
refrigeration systems 44 were
investigated for ground-level ozone
effects. The analysis first considers
highly conservative modeling scenarios
where a specific hydrocarbon would be
used widely across all end-uses in the
refrigeration and AC sector. Scenario
1b** estimates propylene’s emissions
using EPA’s Vintaging Model (VM) and
Community Multi-stage Air Quality
(CMAQ) model,45 and Scenario 1b
estimates R–1150’s emissions using the
same VM and CMAQ versions as in
Scenario 1b**.
Additionally, the analysis also
considers the more realistic scenarios
(Scenario 2, Scenario 3a, and Scenario
3b) where hydrocarbons are modeled
only in the end-uses where the SNAP
program has already listed them as
acceptable, or for which SNAP
submissions or international market
trends indicate HCs soon could be used.
Scenario 2 examines the likely
emissions of lower maximum
incremental reactivity (MIR)
hydrocarbons, propane, isobutane, and
41 ICF, 2014. Assessment of the Potential Impact
of Hyddrocarbon Refrigerants on Ground Level
Ozone Concentrations. February 2014.
42 ICF, 2022p. Additional Assessment of the
Potential Impact of Hydrocarbon Refrigerants on
Ground Level Ozone Concentrations. May 2020.
43 Ibid.
44 EPA is aware that such refrigeration equipment
exists in Europe. Thus, EPA evaluated R–1150 in
retail food refrigeration—stand-alone units as well
as in VLTR and other hydrocarbon refrigerants, to
consider the greatest impact that reasonably could
occur when using increasing amounts of such
refrigerants.
45 VM IO file_v5.1_10.01.19 and CMAQ 5.2.1
with carbon bond 06 (CB06) mechanism, as cited
in ICF, 2022p. Additional Assessment of the
Potential Impact of Hydrocarbon Refrigerants on
Ground Level Ozone Concentrations. May 2020.
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ethane, in the residential and light
commercial AC, residential
dehumidifiers, retail refrigeration, and
household refrigeration end-uses.
Scenarios 3a and 3b also consider the
use of higher MIR refrigerants propylene
and R–1150 in laboratory equipment
(IPR and VLTR end-uses, respectively)
and R–1150 in small retail food
refrigeration equipment (e.g., standalone units) in addition to the
hydrocarbon refrigerants used in
Scenario 2. Scenarios 3a and 3b
differentiate based on whether
propylene and R–1150 would be subject
to the venting prohibition under CAA
section 608(c)(2). For further
information on the specific
assumptions, see the docket for this
rulemaking.46
In highly conservative Scenario 1b,
examining widespread R–1150 adoption
across the entire refrigeration and AC
sector, modeling predicts that the single
8-hour average ground-level ozone
concentration could increase by 11.7
percent in Los Angeles, which is the
area with the highest level of groundlevel ozone pollution in the United
States. However, the assumptions
modeled in 1b are highly unrealistic,
given the significantly smaller number
of applications in which R–1150 has
been requested for use or is currently
being used globally. VLTR, the only
end-use being addressed in this listing,
represents a very small segment of the
refrigeration and AC sector.
In the more realistic scenarios 3a and
3b, where use of propylene and R–1150
in laboratory equipment and R–1150 in
small retail food refrigeration equipment
are included, the 8-hour ground-level
ozone concentration in Los Angeles was
found to increase by a maximum of
0.017 percent relative to the NAAQS on
the worst modeled day. For purposes of
this SNAP determination, this is not a
significant increase in ground-level
ozone. The modeling is also
conservative by assuming a one-for-one
substitution of hydrocarbons for current
refrigerants because an actual transition
would likely introduce less than one
kilogram of hydrocarbon for each
kilogram replaced. As a result of this
analysis, EPA determined that the use of
R–1150 consistent with the use
conditions and narrowed use limits
finalized in this rulemaking will not
result in significantly greater risk to
people’s health or the environment than
other alternatives available for the same
use.
Ecosystem effects from R–1150 are
expected to be small, as compared to the
effects of other acceptable substitutes in
46 ICF,
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this end-use. R–1150 is highly volatile
and typically evaporates or partitions to
air, rather than contaminating ground or
surface waters, and thus R–1150’s
effects on aquatic life are expected to be
small. Based on these considerations, R–
1150 is not expected to pose a greater
risk of ecosystem effects than other
alternatives for these uses.
Flammability information: ASHRAE
Standard 34 classifies R–1150 as a Class
A3 refrigerant.47 R–1150 is flammable
when its concentration in the air is in
the range of 2.7 percent to 36 percent by
volume (27,000 ppm to 360,000
ppm).48 49
Toxicity and exposure data: Exposure
to R–1150 may be hazardous if
inhalation, skin contact, or eye contact
with the proposed substitute occurs at
sufficiently high levels. The most likely
pathway of exposure is through
inhalation, which can cause symptoms
of asphyxiation. Exposures of R–1150 to
the skin may cause frostbite. Exposures
of R–1150 to the eyes could cause eye
irritation. These potential health effects
are common to many refrigerants.
The American Conference of
Governmental Industrial Hygienists
(ACGIH) has established a TLV of 200
ppm as an 8-hour TWA for R–1150. EPA
anticipates that users will be able to
meet the TLV and address potential
health risks by following the use
condition limiting charge sizes to 150 g
and the requirements and
recommendations in the manufacturer’s
SDS, ASHRAE Standard 15, UL
Standard 61010–2–011, 2nd Edition,
and other safety precautions common to
the refrigeration and AC industry.50 51
Comparison to other substitutes in
this end-use: R–1150 has an ODP of
zero, comparable to or less than other
listed substitutes in this end-use with
ODPs ranging from zero to 0.098. For
new VLTR equipment, R–1150’s GWP of
four is comparable to that of other
acceptable substitutes such as ethane
and CO2, with respective GWPs of 5.5
and one, and lower than other
acceptable substitutes such as R–410A,
R–507A, and HFC–23 with respective
GWPs of 1,890, 3,990, and 14,800.
R–1150 is a VOC that is more
photochemically reactive and more
likely to cause ground-level ozone
pollution than acceptable refrigerants in
this end-use. For example, R–1150 has
a MIR of 9.07 g-O3/g-substance, which is
higher than propane’s MIR of 0.56 g-O3/
g-substance or ethane’s MIR of 0.28 g47 ASHRAE,
2019a. Op. cit.
48 Ibid.
49 ICF,
2022o. Op. cit.
2019b.
51 ICF, 2022o. Op. cit.
50 ASHRAE,
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O3/g-substance.52 EPA addresses this
potential risk through a narrowed use
limit, restricting use of this refrigerant to
VLTR equipment designed to reach
temperatures lower than ¥80 °C
(¥112 °F). See section II.F.6 below for a
discussion of the finalized narrowed use
limits.
Flammability risks of R–1150 are
comparable to flammability risks of
other available substitutes in the same
end-use, such as ethane, while R–1150’s
flammability risks are higher than those
of nonflammable refrigerants such as R–
410A, CO2, or HFC–23. Flammability
risks can be addressed by following the
finalized use conditions, such as use
only in new equipment that is designed
and tested to meet the UL Standard
61010–2–011. See section II.F.4 below
for a discussion of the use conditions.
Toxicity risks are comparable to or
lower than toxicity risks of other
available substitutes in the same enduse. Toxicity risks can be minimized by
use consistent with the TLV issued by
the ACGIH, ASHRAE Standard 15, UL
61010–2–011—which applies under the
final use conditions—and other industry
standards, recommendations in the
manufacturer’s SDS, and other safety
precautions common in the refrigeration
and AC industry.
Although R–1150 presents a higher
risk to local air quality than other
available alternatives for this end-use,
other alternatives such as ethane,
propane, and most HFOs or HFCs, that
are less photochemically reactive than
R–1150 are not able to attain
temperatures as low as those attainable
by R–1150 because of their higher
boiling points. Thus, EPA is finalizing
listing this substitute as acceptable
subject to use conditions and narrowed
use limits in VLTR.
4. What use conditions is EPA
finalizing?
(1) EPA is finalizing the following use
conditions to address flammability risks
of R–1150: New equipment only—R–
1150 may be used only in new
equipment designed specifically and
clearly identified for the refrigerant, i.e.,
the substitute shall not be used as a
conversion or ‘‘retrofit’’ refrigerant for
existing equipment.
(2) UL Standard—R–1150 may be
used only in laboratory equipment that
52 In addition to being an acceptable refrigerant in
very low temperature refrigeration, ethane’s MIR is
one threshold that EPA considers in deciding
whether a compound makes a negligible
contribution to tropospheric ozone formation and
should be excluded from EPA’s regulatory
definition of VOC (see 40 CFR 51.100(s)) for the
purpose of addressing the development of SIPs to
attain and maintain the NAAQS.
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meet all requirements listed in the 2nd
edition, dated May 13th, 2021, of UL
Standard 61010–2–011, ‘‘Safety
Requirements for Electrical Equipment
for Measurement, Control, and
Laboratory Use—Part 011: Particular
Requirements for Refrigerating
Equipment.’’ In cases where this final
rule includes requirements different
than those of UL 61010–2–011, 2nd
Edition, EPA is requiring that the
equipment meet the requirements of this
final rule in place of the requirements
in the UL Standard. Requirements of
note include:
• Warning labels—The following
markings, or the equivalent, must be
provided in letters no less than 6.4
millimeter (1⁄4 inch) high and must be
permanent:
i. Attach near the machine
compartment: ‘‘DANGER—Risk of Fire
or Explosion. Flammable Refrigerant
Used. To Be Repaired Only By Trained
Service Personnel. Do Not Puncture
Refrigerant Tubing’’
ii. Attach near the machine
compartment: ‘‘CAUTION—Risk of Fire
or Explosion. Flammable Refrigerant
Used. Consult Repair Manual/Owner’s
Guide Before Attempting To Service
This Product. All Safety Precautions
Must Be Followed.’’
iii. Attach on the exterior of the
refrigeration equipment: ‘‘CAUTION—
Risk of Fire or Explosion. Dispose of
Properly In Accordance With Federal Or
Local Regulations. Flammable
Refrigerant Used.’’
iv. Attach near all exposed refrigerant
tubing: ‘‘CAUTION—Risk of Fire or
Explosion Due To Puncture Of
Refrigerant Tubing; Follow Handling
Instructions Carefully. Flammable
Refrigerant Used.’’
v. Attach on the exterior of the
refrigeration equipment: ‘‘This
equipment is intended for use in
commercial, industrial, or institutional
occupancies as defined in the Safety
Standard for Refrigeration Systems,
ANSI/ASHRAE 15.’’
vi. Attach on the exterior of the
shipping carton: ‘‘CAUTION—Risk of
Fire or Explosion. Dispose of Properly
In Accordance With Federal Or Local
Regulations.’’
vii. The instructions shall include the
following warnings as necessary:
a. ‘‘WARNING: Ensure all ventilation
openings are not obstructed.’’
b. ‘‘WARNING: Do not use
mechanical devices or other means to
accelerate the defrosting process, other
than those recommended by the
manufacturer.’’
c. ‘‘WARNING: Do not damage the
refrigerant circuit.’’
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• Markings—Equipment must have
distinguishing red (PMS #185 or RAL
3020) color-coded hoses and piping to
indicate use of a flammable refrigerant.
The laboratory equipment shall have
marked service ports, pipes, hoses and
other devices through which the
refrigerant is serviced. Markings shall
extend at least 1 inch (25 mm) from the
servicing port and shall be replaced if
removed.
(3) Charge size—Equipment must use
no more than 150 g of R–1150 in each
refrigerant circuit using this refrigerant.
EPA notes that there may be other
legal obligations pertaining to the
manufacture, use, handling, and
disposal of the proposed refrigerant that
are not included in the information
listed in the tables included in the
regulatory text (e.g., the CAA section
608(c)(2) venting prohibition,4 or
Department of Transportation
requirements for transport of flammable
gases). Flammable refrigerants being
recovered or otherwise disposed of from
VLTR appliances are likely to be
hazardous waste under RCRA (see 40
CFR parts 260–270).
5. Why is EPA finalizing these specific
use conditions?
EPA is finalizing listing R–1150 as
acceptable, subject to use conditions, for
use in the VLTR end-use for new
equipment reaching temperatures lower
than ¥80 °C (¥112 °F). The use
conditions are identified in the listing
under subheading II.F.4, above, and are
explained here in greater detail. The use
conditions EPA is finalizing include
conditions requiring use of R–1150 in
new equipment, which can be
specifically designed for the refrigerant;
use consistent with UL 61010–2–011,
2nd Edition, including testing, charge
sizes, ventilation, usage space
requirements, and certain hazard
warnings and markings; and limiting
charge size to 150 g of R–1150 per
refrigerant circuit. The finalization of
these use conditions is intended to
allow for the use of R–1150, a
flammable refrigerant, in a manner that
will ensure it does not pose a greater
overall risk to human health and the
environment than other substitutes in
this end-use.
ddrumheller on DSK120RN23PROD with RULES2
New Equipment Only; Not Intended for
Use as a Retrofit Alternative
EPA is finalizing that R–1150 may be
used only in new equipment 53 which
has been designed to address concerns
unique to flammable refrigerants—i.e.,
53 This is intended to mean a completely new
refrigeration circuit containing a new compressor,
evaporator, and condenser.
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this substitute may not be used as a
conversion or ‘‘retrofit’’ refrigerant for
existing equipment. The information
that EPA has considered in our review
of flammability risks of this refrigerant
in this end-use is based on designing
and testing new equipment, and not on
mitigation methods specific to
retrofitting of existing equipment
designed for non-flammable refrigerants.
Neither the submitters nor public
commenters suggests that EPA should
consider listing R–1150 for retrofit use.
Therefore, EPA is finalizing that R–1150
can only be used in new equipment
properly designed for its use. This
requirement does not affect the ability to
service equipment using R–1150 once
installed, including the adding of
refrigerant or replacing components.
Standards
EPA is finalizing that R–1150 may be
used only in equipment that meets all
requirements in UL 61010–2–011, 2nd
Edition. This UL standard indicates that
refrigerant charges greater than 150 g are
beyond its scope and that additional
requirements apply, such as for instance
ASHRAE 15–2019. EPA has only
evaluated equipment that fits within the
scope of UL 61010–2–011.
UL has developed safety standards
including requirements for construction
and system design, for markings, and for
performance tests concerning refrigerant
leakage, ignition of switching
components, surface temperature of
parts, and component strength after
being scratched. Certain aspects of
system construction and design,
including charge size, ventilation, and
installation space, and greater detail on
markings, are discussed further below in
this section. The UL Standard was
developed in an open and consensusbased approach, with the assistance of
experts in the laboratory equipment
industry as well as experts involved in
assessing the safety of products. While
similar standards exist from other
bodies such as the IEC, we are finalizing
to rely on a specific UL standard that is
most applicable and recognized by the
U.S. market. This approach is the same
as that in our previous rules on
flammable refrigerants (e.g., 76 FR
78832, December 20, 2011; 80 FR 19454,
April 10, 2015; 86 FR 24444, May 6,
2021).
A summary of the requirements of UL
61010–2–011, 2nd Edition as they affect
R–1150 and the end-use addressed in
this section of the rule follows. This
summary is offered for information only
and does not provide a complete review
of the requirements in this standard. UL
61010–2–011, 2nd Edition requires the
warning labels on the equipment to
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contain letters at least 1⁄4 inch high. The
label must be permanently affixed to the
equipment. Warning label language
requirements are described in section
II.F.4 of this proposed rule.
Additionally, red markings, similar to
those EPA has applied as use conditions
in past actions for flammable
refrigerants (76 FR 78832, December 20,
2011; 80 FR 19454, April 10, 2015; 86
FR 24444, May 6, 2021), are required by
UL 61010–2–011, 2nd Edition for A2
and A3 refrigerants to establish a
common, familiar and standard means
of identifying the use of a flammable
refrigerant.
These red markings will help
technicians immediately identify the
use of a flammable refrigerant, thereby
potentially reducing the risk of using
sparking equipment or otherwise having
an ignition source nearby. The colored
plastic sleeve or cap would have to be
forcibly removed in order to access the
service port, hose, or pipe. This would
signal to the technician that the
refrigeration circuit that she/he was
about to access contained a flammable
refrigerant, even if all warning labels
were somehow removed. This sleeve
would be of the same red color (PMS
#185 or RAL 3020) and could also be
boldly marked with a graphic to
indicate the refrigerant was flammable.
The use of a colored plastic sleeve or
cap that is boldly marked with a graphic
could be a cost-effective alternative to
painting or dyeing the service port,
hose, or pipe.
Charge Size Limitation
Among the provisions in UL 61010–
2–011, 2nd Edition are limits on the
amount of refrigerant allowed in each
appliance. The limitations on refrigerant
charge size for VLTR are consistent with
UL 61010–2–011, 2nd Edition to reduce
the risk to workers and consumers. EPA
is requiring a charge size limit of 150 g
for each refrigerant circuit or stage for
the proposed refrigerant. Section 1.1.1
of the UL Standard states, ‘‘This
document details all the requirements
when up to 150 g of FLAMMABLE
REFRIGERANT are used per stage of a
REFRIGERATING SYSTEM. Additional
requirements beyond the current scope
of this document apply if a
REFRIGERANT charge of FLAMMABLE
REFRIGERANT exceeds this amount.’’
Thus, in order to ensure the standard’s
provisions apply and sufficiently
address flammability risk, EPA is
requiring that each refrigerant circuit
must contain no more than 150 g of R–
1150.
In addition to the general requirement
that each refrigerant circuit must
contain no more than 150 g of R–1150,
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UL 61010–2–011, 2nd Edition has a
requirement for the maximum charge for
remote condensing unit using a
flammable refrigerant in Annex DD and
Table DD.1. Section DD.2.4 of Annex
DD sets requirements for the minimum
associated room area for a given charge,
based on a maximum refrigerant
concentration of 0.38 lb/1000 ft3, 5200
ppm, or 6 g/m3 for R–1150.
ddrumheller on DSK120RN23PROD with RULES2
6. What narrowed use limits is EPA
finalizing?
EPA is finalizing the following
narrowed use limits for use of R–1150
in VLTR:
(1) Temperature range—R–1150 may
only be used in equipment designed
specifically to reach temperatures lower
than ¥80 °C (¥112 °F).
(2) The manufacturers of new very
low temperature equipment must
demonstrate that other alternatives are
not technically feasible. They must
document the results of their evaluation
that showed the other alternatives to be
not technically feasible and maintain
that documentation in their files. This
documentation, which does not need to
be submitted to EPA unless requested to
demonstrate compliance, ‘‘shall include
descriptions of substitutes examined
and rejected, processes or products in
which the substitute is needed, reason
for rejection of other alternatives, e.g.,
performance, technical or safety
standards, and the anticipated date
other substitutes will be available and
projected time for switching to other
available substitutes.’’ (40 CFR
82.180(b)(3)).
7. Why is EPA finalizing these specific
narrowed use limits?
The boiling point (b.p.) of a refrigerant
determines the coldest temperature it
can reach within its refrigerating
capabilities. R–1150 has a b.p. of
¥104 °C, allowing it to refrigerate as
cold as ¥104 °C. There are a limited
number of refrigerants that are capable
of reaching temperatures below ¥80 °C,
such as the ODSs CFC–13 (b.p.,
¥81.4 °C) and R–503 (b.p., ¥88.9 °C),
and among the acceptable refrigerants in
this end-use, ethane (b.p., ¥88.3 °C) and
the high GWP refrigerants HFC–23 (b.p.,
¥84.4 °C), R–508A (b.p., ¥87.4 °C) and
R–508B (b.p., ¥87.4 °C).54 Given the
limited refrigerant options available for
equipment designed to reach the sub
¥80 °C temperature range, EPA
understands there is a need for listing
R–1150. However, EPA believes that
limiting the use of R–1150 to VLTR
54 Engineering
ToolBox, 2005. Refrigerants—
Physical Properties. Available online at: https://
www.engineeringtoolbox.com/refrigerants-d_
902.html Accessed October 28, 2021.
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equipment designed to reach
temperatures lower than ¥80 °C
(¥112 °F) is necessary to mitigate local
air quality concerns discussed in section
II.F.3 that could occur with broad use,
given the reactivity of VOC and its
potential to contribute to ground-level
ozone in areas like Los Angeles. If R–
1150 were used without limitation
across the refrigeration and AC sector, it
could have significant impacts on local
air quality. For equipment in this enduse designed to reach temperatures
higher than ¥80 °C (¥112 °F), other
alternatives with lower reactivities are
widely available, e.g., CO2, ethane,
propane, and R–410A. There are
sufficient refrigerant options available to
fill the need in VLTR equipment
designed to reach temperatures higher
than ¥80 °C (¥112 °F) without allowing
the use of refrigerants as
photochemically reactive as R–1150. By
including narrowed use limits, EPA is
only allowing the use of R–1150, a
refrigerant with higher reactivity, when
it is the only technically feasible option
available.
8. What additional information is EPA
including in this final listing?
EPA is providing additional
information related to this listing. Since
this additional information is not part of
the regulatory decision under SNAP,
these statements are not binding for use
of the substitute under the SNAP
program. See section II.E.2 above for
further discussion on what additional
information EPA is including in this
final listing. While the items listed are
not legally binding under the SNAP
program, EPA encourages users of
substitutes to apply all statements in the
‘‘Further Information’’ column in their
use of these substitutes as best practices
for safer use.
9. How is EPA responding to comments
on VLTR?
No comments were received relating
to the proposed listing of R–1150 in
VLTR. For the reasons explained above,
EPA is finalizing this section of the rule
as proposed.
G. Streaming and Total Flooding Fire
Suppression—Listing of 2-bromo-3,3,3
trifluoropropene (2–BTP) as Acceptable,
Subject to Use Conditions, as a
Streaming Agent in Non-Residential
Applications and as a Total Flooding
Agent in Normally Unoccupied Spaces
Under 500 ft3
1. Background on Streaming and Total
Flooding Fire Suppression
The fire suppression and explosion
protection end-uses addressed in this
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action are total flooding and streaming.
Total flooding systems, which
historically employed halon 1301 as a
fire suppression agent, are used in both
normally occupied and unoccupied
areas. In the United States,
approximately 90 percent of installed
total flooding systems protect
anticipated hazards from ordinary
combustibles (i.e., Class A fires), while
the remaining ten percent protect
against applications involving
flammable liquids and gases (i.e., Class
B fires).55 It is also estimated that
approximately 75 percent of total
flooding systems protect electronics
(e.g., computers, telecommunications,
process control areas), while the
remaining 25 percent protect other
applications, primarily in civil aviation
(e.g., engine nacelles/auxiliary power
units, cargo compartments, lavatory
trash receptacles), military weapons
systems (e.g., combat vehicles,
machinery spaces on ships, aircraft
engines and tanks), oil/gas and
manufacturing industries (e.g., gas/oil
pumping, compressor stations), and
maritime (e.g., machinery space, cargo
pump rooms). Streaming applications,
which have historically used halon 1211
as an extinguishing agent, include
portable fire extinguishers designed to
protect against specific hazards.
2. What is EPA’s final listing decision
for 2–BTP?
As proposed, EPA is finalizing listing
2–BTP as acceptable, subject to use
conditions. The use conditions are for
use in normally unoccupied spaces
under 500 ft3 in total flooding fire
suppression systems, and as a streaming
agent for use in non-residential
applications, except for commercial
home office and personal watercraft.
EPA received one comment on the
proposed listing of 2–BTP, and the
commenter supported finalizing the rule
as proposed. 2–BTP was previously
listed as acceptable, subject to use
conditions, for use in engine nacelles
and auxiliary power units on aircraft in
total flooding fire suppression systems
and for use in aircraft as a streaming
agent (81 FR 86778, December 1, 2016).
The redacted submission and
supporting documentation for 2–BTP
are provided in the docket for this
proposed rule (EPA–HQ–OAR–2021–
0836) at https://www.regulations.gov.
EPA performed assessments to examine
the health and environmental risks of
this substitute during equipment
production operations and the filling of
55 Wickham, 2002. Status of Industry Efforts to
Replace Halon Fire Extinguishing Agents. March
2002.
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fire extinguishers as well as in the case
of an inadvertent discharge of the
system during maintenance activities on
the fire extinguishing system. These
assessments are available in the docket
for this rule.56 57
3. What is 2–BTP and how does it
compare to other fire suppressants in
the same end-uses?
ddrumheller on DSK120RN23PROD with RULES2
a. Total Flooding
Environmental information: 2–BTP
has an ODP of 0.0028 58 59 60 and a GWP
of 0.23–0.26.61 2–BTP is considered a
VOC and is not excluded from EPA’s
regulatory definition of VOC (see 40
CFR 51.100(s)) for the purpose of
addressing the development of SIPs to
attain and maintain the NAAQS.
Flammability information: 2–BTP is
non-flammable.
Toxicity and exposure data: EPA
assessed potential health risks from
exposure to the proposed substitute as
a total flooding agent in normally
unoccupied spaces up to 14.2 m3 (500
ft3) during manufacture, installation,
and servicing of 2–BTP total flooding
systems, consistent with the use
description provided by the submitter.
According to the SDS, exposure to 2–
BTP following a discharge may be
hazardous if inhalation, skin contact, or
eye contact with the proposed substitute
occurs at sufficiently high levels.
However, the most likely pathway of
exposure is through inhalation, which
may cause central nervous system
effects, such as dizziness, confusion,
physical incoordination, drowsiness,
anesthesia, or unconsciousness. The
cardiotoxic Lowest Observed Adverse
Effect Level (LOAEL) for this agent is
1.0 percent (10,000 ppm), at which level
exposure may cause increased
sensitivity of the heart to adrenaline,
which might cause irregular heartbeats
56 ICF, 2022q. Risk Screen on Substitutes in Total
Flooding Systems in Normally Unoccupied Spaces.
Substitute: 2-bromo-3,3,3-trifluoropropene (2–BTP).
57 ICF, 2022r. Risk Screen on Substitutes as
Streaming Agents in Non-Residential Applications.
Substitute: 2-bromo-3,3,3-trifluoropropene (2–BTP).
58 Patten, et al., 2011. OH, reaction rate constant,
IR absorption spectrum, ozone depletion potentials
and global warming potentials of 2-bromo-3,3,3trifluoropropene, J. Geophys. Res., 116 (D24),
D24307, doi: 10.1029/2011JD016518, 2011.
59 Orkin, V. L. 2004. Photochemical Properties of
2-bromo-3,3,3-trifluoropropene and semi-empirical
kinetic estimates of its Global Impacts on the
Atmosphere. Prepared by the National Institute of
Standards and Technology Physical and Chemical
Properties Division for American Pacific
Corporation. July 2004.
60 The ODP in this rulemaking remains as it was
originally listed by SNAP (see 81 FR 86778).
61 Patten et al., 2012. Correction to ‘‘OH reaction
rate constant, IR absorption spectrum, ozone
depletion potentials and global warming potentials
of 2-bromo-3,3,3-trifluoropropene,’’ J. Geophys.
Res., 117, D22301, doi:10.1029/2012JD019051.
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and possibly ventricular fibrillation or
death.
2–BTP vapors may reduce oxygen
available for breathing, causing
asphyxiation in high concentrations.
Such vapors pose a potential hazard if
large volumes are trapped in enclosed or
low places. In addition, as noted above,
if person(s) are exposed to high
concentrations, the person(s) may
experience central nervous system
effects, such as drowsiness and
dizziness, which may result in the
person(s) not realizing that he/she is
suffocating. These health effects after
exposure are similar for other common
fire suppressants.
To assess potential health risks from
exposure to the proposed substitute for
personnel during manufacturing, EPA
developed an AEL of 2 ppm for 2–BTP
based on review of available toxicity
studies.62 The AEL represents the
maximum 8-hour TWA at which
personnel in an occupational
environment can be exposed regularly
without adverse effects. The estimated
exposure values provided by the
submitter are greater than the
occupational AEL. To effectively
mitigate potential occupational
exposure and maintain average
exposure levels below the occupational
AEL of 2 ppm, the manufacturing space
should be equipped with specialized
engineering controls and well ventilated
with a local exhaust system and lowlying source ventilation. The sampling
data provided by the submitter
demonstrate that local exhaust
ventilation greatly reduces exposure
concentration inside the fill booth and
in the filling area.
Exposure to the substitute is not likely
during installation or servicing of 2–
BTP total flooding systems for normally
unoccupied spaces. The risk of
accidental activation of the fire
extinguishing system while personnel
are present near the protected space is
highly unlikely if proper procedures are
followed. Proper instructions on system
installation and servicing included in
manuals for the 2–BTP systems should
be adhered to. In the case of accidental
release, engineering controls in
accordance with the National Fire
Protection Association (NFPA) 2001
Standard on Clean Agent Fire
Extinguishing Systems to limit
personnel exposure to discharges
should be employed with 2–BTP
systems.
EPA provides additional information
on safe use of this substitute for
establishments manufacturing,
installing and maintaining equipment
using this agent in the ‘‘Further
Information’’ column of the regulatory
listing. EPA recommends that a
discharge time delay of 30 to 60 seconds
is programmed in accordance with the
NFPA 2001 standard. Although
exposure is highly unlikely during
installation and maintenance activities,
exposure is possible upon reentry into
a space after a system has been
discharged. In the event of an accidental
release, the space should be adequately
ventilated. EPA recommends that
personnel wear protective clothing,
goggles, gloves, and particulateremoving respirators with National
Institute for Occupational Safety and
Health (NIOSH) type N95 or better
filters while performing installation or
maintenance, and a self-contained
breathing apparatus (SCBA) while
performing clean-up activities to reduce
the risk of exposure. Since this
additional information is not part of the
regulatory decision under SNAP, these
statements are not binding for use of the
substitute under the SNAP program.
While the items listed are not legally
binding under the SNAP program, EPA
encourages users of substitutes to apply
all statements in the ‘‘Further
Information’’ column in their use of this
substitute as best practices for safer use.
2–BTP is not expected to cause a
significant risk to human health in the
general population when used in total
flooding systems in normally
unoccupied areas. The use in spaces
under 500 ft3 requires a smaller amount
of fire suppressant, reducing potential
exposures to workers and the general
public and reducing potential toxicity
risks. Disposal of 2–BTP total flooding
systems is subject to local, State, and
Federal regulations, which ensure that
2–BTP and water contaminated with 2–
BTP are not to be dumped into sewers,
on the ground, or into any body of
water, but rather taken to a wastewater
treatment facility or disposed of
properly. 2–BTP is not considered to be
hazardous waste under EPA regulations
implementing RCRA at 40 CFR part 261.
Comparison to other fire
suppressants: 2–BTP has an ODP of
0.0028, comparable to or lower than
other acceptable substitutes in this enduse, with ODPs ranging from zero to
0.048. 2–BTP has a GWP of 0.23–0.26
that is lower than or comparable to that
of other acceptable substitutes for total
flooding agents, with GWPs that range
from about zero to 22,800.63 2–BTP is
62 ICF, 2022r. Risk Screen on Substitutes in Total
Flooding Systems in Normally Unoccupied Spaces.
Substitute: 2-bromo-3,3,3-trifluoropropene (2–BTP).
63 For SF , the substitute with the highest GWP,
6
the SNAP listing finds SF6 as ‘‘acceptable subject
to narrowed use limits.’’
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considered a VOC and is not excluded
from EPA’s regulatory definition of VOC
(see 40 CFR 51.100(s)) for the purpose
of addressing the development of SIPs
to attain and maintain the NAAQS.
Other acceptable fire suppression agents
currently in use in this end-use are also
VOC (e.g., C6-perfluoroketone), and 2–
BTP is anticipated to pose no greater
risk than other alternatives listed as
acceptable in this end-use. Emissions of
2–BTP should be controlled by adhering
to standard industry practices. Toxicity
risks can be minimized by use
consistent with the NFPA 2001
standard, recommendations in the SDS,
and other safety precautions common in
the fire suppression industry. The
potential toxicity risks due to inhalation
exposure are common to many total
flooding agents, including those already
listed as acceptable under SNAP for this
same end-use. 2–BTP post-activation
products are nonflammable, as are all
other available total flooding agents.
EPA is finalizing listing 2–BTP as
acceptable, subject to use conditions, as
a total flooding agent for use in
normally unoccupied spaces under 500
ft3 because the overall environmental
and human health risk posed by the
substitute is lower than or comparable
to the overall risk posed by other
alternatives listed as acceptable in the
same end-use.
b. Streaming Uses
Environmental information: The
environmental information for this
substitute is set forth in the
‘‘Environmental information’’ section in
listing II.G.3.a above.
Flammability information: 2–BTP is
non-flammable.
Toxicity and exposure data: Toxicity
and personal protective equipment
(PPE) information is described above
under total flooding applications. EPA
evaluated occupational and general
population exposure at manufacture and
at end-use to ensure that the use of 2–
BTP as a streaming agent will not pose
unacceptable risks to workers or the
general public. For the occupational
exposure assessment, EPA has evaluated
the risks associated with potential
exposures to 2–BTP during equipment
production operations and the filling of
fire extinguishers as well as in the case
of an inadvertent discharge of the fire
extinguisher during maintenance
activities.
2–BTP is not expected to pose a risk
to workers during manufacture of 2–
BTP fire extinguishers when the
engineering controls and PPE
requirements as referenced in the SDS
for this substitute are followed. The
potential health risks from exposure to
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the substitute for personnel during
manufacturing is described above under
total flooding applications.
EPA also assessed potential end-use
exposure scenarios at 7.5-minute and
15-minute TWA exposures for 2–BTP
following potential release of agent from
the handheld extinguisher in confined
spaces (e.g., electronics and server
rooms).64 These exposures were then
compared with the cardiotoxic LOAEL
for 2–BTP. All but one modeled 7.5minute and 15-minute exposures for
varying ventilation rates were lower
than the LOAEL of 10,000 ppm for 2–
BTP. The estimated exposures were
derived using conservative assumptions
(i.e., no mechanical ventilation) and
represent a worst-case scenario with a
low probability of occurrence. Because
anticipated exposures could exceed the
exposure limit for 2–BTP, EPA
recommends that standard safety
techniques to ensure safety during the
use of 2–BTP fire extinguishers be
followed in non-residential locations. 2–
BTP handheld extinguishers should
follow required minimum room
volumes established by UL 2129,
Halocarbon Clean Agent Fire
Extinguishers,65 when discharged into a
confined space. This standard prohibits
the exceedance of the cardiotoxic
LOAEL for any fire suppressant (i.e.,
10,000 ppm or 1.0% for 2–BTP).
Therefore, per UL 2129, a warning label
for 2–BTP extinguishers will mitigate
use in confined spaces. Based on the
above results, 2–BTP is not expected to
pose significant risk to end users when
used as a streaming fire extinguishing
agent in non-residential applications,
except for commercial home office and
personal watercraft. EPA provides
additional information on safe use of
this substitute for establishments
manufacturing, installing and
maintaining equipment using this agent
in the ‘‘Further Information’’ column of
the regulatory listing. Since this
additional information is not part of the
regulatory decision under SNAP, these
statements are not binding for use of the
substitute under the SNAP program.
While the items listed are not legally
binding under the SNAP program, EPA
encourages users of substitutes to apply
all statements in the ‘‘Further
Information’’ column in their use of this
substitute as best practices for safer use.
Comparison to other fire
suppressants: 2–BTP has an ODP of
64 ICF, 2022r. Risk Screen on Substitutes as
Streaming Agents in Non-Residential Applications.
Substitute: 2-bromo-3,3,3-trifluoropropene (2–BTP).
65 UL, 2017. Standard 2129—Halocarbon Clean
Agent Fire Extinguishers. Edition 3. This document
is accessible at: https://www.shopulstandards.com/
ProductDetail.aspx?UniqueKey=32182.
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0.0028, comparable to other listed
substitutes in this end-use, with ODPs
ranging from zero to 0.022. 2–BTP has
a GWP of 0.23–0.26, which for
streaming agents is lower than or
comparable to that of other acceptable
substitutes, with GWPs that range from
about zero to 9,810. 2–BTP is
considered a VOC and is not excluded
from EPA’s regulatory definition of VOC
(see 40 CFR 51.100(s)) for the purpose
of addressing the development of SIPs
to attain and maintain the NAAQS.
Other acceptable fire suppression agents
currently in use in this end-use are also
VOC (e.g., C6-perfluoroketone), and 2–
BTP is anticipated to pose no greater
risk than other alternatives listed as
acceptable in this end-use. Toxicity
risks can be minimized by use
consistent with the NFPA 10 Standard
for Portable Fire Extinguishers,
recommendations in the SDS, and other
safety precautions common in the fire
suppression industry.
EPA is finalizing listing 2–BTP as
acceptable, subject to use conditions, as
a streaming agent for use in nonresidential applications, except for
commercial home office and personal
watercraft, because the overall
environmental and human health risk
posed by the substitute is lower than or
comparable to the overall risk posed by
other alternatives listed as acceptable in
the same end-use.
4. What use conditions is EPA
finalizing?
EPA is finalizing listing 2–BTP as
acceptable, subject to use conditions.
The use conditions are for use in
normally unoccupied spaces under 500
ft3 in total flooding fire suppression
systems, and as a streaming agent for
use in non-residential applications,
except for commercial home offices and
personal watercraft.
5. Why is EPA finalizing these specific
use conditions?
EPA is finalizing listing 2–BTP as
acceptable, subject to use conditions, for
use only in normally unoccupied spaces
under 500 ft3 in total flooding fire
suppression systems. These space
limitations are consistent with
additional information submitted to
EPA. The limitations correspond to use
in small, enclosed spaces, such as an
electrical closet. Such spaces would
require a smaller amount of fire
suppressant, reducing potential
exposures to workers and the general
public and reducing potential toxicity
risks.
Additionally, EPA is finalizing listing
2–BTP as acceptable subject to use
conditions as a streaming agent for use
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in non-residential applications, except
for commercial home office and
personal watercraft. The definition of
‘‘residential use’’ in the SNAP
regulations at 40 CFR 82.172 is use by
a private individual of a chemical
substance or any product containing the
chemical substance in or around a
permanent or temporary household,
during recreation, or for any personal
use or enjoyment. Use within a
household for commercial or medical
applications is not included in this
definition, nor is use in automobiles,
watercraft, or aircraft. Use in a
commercial home office or in personal
watercraft could result in exposure to
members of the general public,
including sensitive individuals such as
children or the elderly. In addition, air
exchange is often lower in a commercial
home office or a personal watercraft
than in industrial or other commercial
applications, potentially resulting in
higher exposure levels than in those
other non-residential applications.
Because of the more sensitive
populations and potentially higher
exposures associated with those
applications, EPA is finalizing listing 2–
BTP for use in non-residential
applications other than commercial
home office and personal watercraft.
6. How is EPA responding to comments
on 2–BTP?
EPA received one comment on the 2–
BTP section of the proposed rule. The
commenter supported finalizing the rule
as proposed.
Comment: American Pacific, the
manufacturer of 2–BTP, indicated they
‘‘[s]upport [the proposed rule] findings
and conclusions with respect to the 2–
BTP clean fire extinguishant.’’
Response: EPA acknowledges the
support for this proposed listing, and for
the reasons discussed above, we are
finalizing this listing as proposed.
H. Total Flooding Fire Suppression—
Listing of EXXFIRE ® as Acceptable,
Subject to Use Conditions, for Use in
Normally Unoccupied Spaces
ddrumheller on DSK120RN23PROD with RULES2
1. What is EPA’s final listing decision
for EXXFIRE ®?
As proposed, EPA is finalizing listing
EXXFIRE ® as acceptable, subject to use
conditions, for use in total flooding fire
suppression systems in normally
unoccupied spaces. EPA received no
comments relating to the proposed
listing of EXXFIRE ®. Prior to activation,
the EXXFIRE ® formulation is in solid
form and contained within a
hermetically sealed steel container.
Upon detection of a fire, nitrogen gas is
released from the unit. The nitrogen gas
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dilutes the oxygen level within the
enclosure, and consequently suppresses
the fire. After activation, only gas
components exit the casing. All solid
products remain inside the casing
before, during and after activation. Use
of this agent should be in accordance
with the safety guidelines in the latest
edition of the NFPA 2001 standard.
The redacted submission and
supporting documentation for
EXXFIRE ® are provided in the docket
for this proposed rule (EPA–HQ–OAR–
2021–0836) at https://
www.regulations.gov. EPA performed an
assessment to examine the health and
environmental risks of each of this
substitute. This assessment is available
in the docket for this rule.66
2. What is EXXFIRE ® and how does it
compare to other fire suppressants in
the same end-use?
Environmental information:
According to the submitter, the active
ingredients for this technology are
nonvolatile solids before activation so
the ODP, atmospheric lifetime, and
GWP are all zero. The gaseous postactivation products that are released
upon activation of the fire suppressant
with GWPs are carbon monoxide (CO),
CO2, and various hydrocarbons with
GWPs ranging from less than one to 25;
however, these compounds are present
in trace amounts, together making up
less than 0.5 percent of the total weight
of the post-activation products. The
majority of the post-activation
constituents of EXXFIRE ® are either not
organic (e.g., nitrogen, oxygen, water,
hydrogen) or are excluded from EPA’s
regulatory definition of VOC (see 40
CFR 51.100(s)), for the purpose of
addressing the development of SIPs to
attain and maintain the NAAQS. Some
constituents of EXXFIRE ® are
considered VOC and are not excluded
from EPA’s regulatory definition of VOC
(see 40 CFR 51.100(s)), including a
variety of hydrocarbons; however, these
compounds are present in trace
amounts.
Flammability information: EXXFIRE ®
post-activation products are nonflammable, except for certain
hydrocarbons that are present in trace
amounts.
Toxicity and exposure data: EPA
assessed potential health risks from
exposure. Most post-activation products
for EXXFIRE ® are not expected to result
in adverse health effects; however, due
to the potential presence of lithium
fluoride, which is acutely toxic upon
66 ICF, 2022s. Risk Screen on Substitutes in Total
Flooding Systems in Normally Unoccupied Spaces;
Substitute: EXXFIRE ®.
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inhalation or ingestion and can cause
serious skin, eye, and respiratory tract
irritation, the use of this system is only
recommended for use in normally
unoccupied spaces. Although expected
to be maintained inside the generator,
the potential presence of lithium
fluoride in the post-activation
particulate products, justifies the
necessity for personnel to wear proper
PPE (i.e., particulate-removing
respirator with NIOSH type N95 or
better filters) upon reentry into the
space following a discharge of the
system to mitigate those risks. The
submitter indicates that the proposed
substitute can reduce oxygen levels to
10 to 12 percent, which can cause a
potential asphyxiation hazard.
EPA evaluated occupational and
general population exposure at
manufacture of EXXFIRE ® systems and
at end use to ensure that the use of
EXXFIRE ® will not pose unacceptable
risks to workers or the general public.
Exposure is possible upon reentry into
a space after a system has been
discharged. Protective gloves, tightly
sealed goggles, protective work clothing,
and particulate-removing respirators
should be worn for installation and
servicing activities, to protect workers
in any event of potential discharge of
the substitute, accidental or otherwise.
Filling or servicing operations should be
performed in well-ventilated areas.
Toxicity risks can be minimized by use
consistent with the NFPA 2001
standard, recommendations in the SDS,
and other safety precautions common in
the fire suppression industry. EPA
provides additional information on safe
use of this substitute for establishments
manufacturing, installing and
maintaining equipment using this agent
in the ‘‘Further Information’’ column of
the regulatory listing. Since this
additional information is not part of the
regulatory decision under SNAP, these
statements are not binding for use of the
substitute under the SNAP program.
While the items listed are not legally
binding under the SNAP program, EPA
encourages users of substitutes to apply
all statements in the ‘‘Further
Information’’ column in their use of this
substitute as best practices for safer use.
Comparison to other fire
suppressants: EXXFIRE ® has an ODP of
zero, comparable to other listed
substitutes in this end-use, with ODPs
ranging from zero to 0.048. For total
flooding agents, EXXFIRE ® has a GWP
of zero prior to activation (and one to 25
for certain post-activation products
present in trace amounts), which is
comparable to or lower than that of
other acceptable substitutes, such as
HFC–227ea and other substitutes with
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GWPs up to 22,800.67 The majority,
approximately 99.5 percent, of the postactivation constituents of EXXFIRE ® are
either not organic or are excluded from
EPA’s regulatory definition of VOC (see
40 CFR 51.100(s)), for the purpose of
addressing the development of SIPs to
attain and maintain the NAAQS.
EXXFIRE ® is anticipated to pose no
greater risk than other alternatives listed
as acceptable in this end-use. Toxicity
risks can be minimized by use
consistent with the NFPA 2001
standard, recommendations in the SDS,
and other safety precautions common in
the fire suppression industry. The
potential toxicity risks due to inhalation
exposure are common to many total
flooding agents, including those already
listed as acceptable under SNAP for this
same end-use. EXXFIRE ®’s postactivation products are nonflammable,
as are all other available total flooding
agents.
EPA is finalizing listing EXXFIRE ® as
acceptable, subject to use conditions, in
the end-use listed above because it does
not pose greater overall environmental
and human health risk than other
available substitutes in the same enduse.
ddrumheller on DSK120RN23PROD with RULES2
3. What use conditions is EPA finalizing
and why?
Consistent with the request by the
submitter, and information we have
available at this time for our review, the
use condition requires that EXXFIRE ®
be used in total flooding fire
suppression systems only in areas that
are not normally occupied. EPA
conducted this evaluation for use only
in unoccupied spaces, and information
was provided by the submitter in the
SNAP application specific for this type
of space based on EPA guidance.68 EPA
needs additional information, such as
additional toxicity test information, to
issue a listing for normally occupied
spaces, compared to a listing for
normally unoccupied spaces. This is
because of the greater risk that workers
or members of the general public may be
exposed if a fire suppressant is used in
normally occupied spaces. In the
absence of such information, as
described in EPA’s guidance, EPA
issues listings for powdered aerosol fire
suppressants as acceptable subject to
use conditions for use in normally
unoccupied spaces only.
67 For SF , the substitute with the highest GWP,
6
the SNAP listing finds SF6 as ‘‘acceptable subject
to narrowed use limits.’’
68 EPA, 2004. A Guide to Completing a Risk
Screen: Collection and Use of Risk Screen Data. Fire
Suppression Sector. April 2004.
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4. How is EPA responding to comments
on EXXFIRE ®?
No comments were received regarding
EPA’s proposed listing for EXXFIRE ®,
and for the reasons explained above
EPA is finalizing this listing as
proposed.
I. Total Flooding Fire Suppression—
Listing of Powdered Aerosol H
(Pyroquench-a TM) as Acceptable,
Subject to Use Conditions, for Use in
Normally Unoccupied Spaces
1. What is EPA’s final listing decision
for Powdered Aerosol H?
As proposed, EPA is finalizing listing
Powdered Aerosol H, also known as
Pyroquench-a TM, as acceptable, subject
to use conditions, for use in total
flooding fire suppression systems in
normally unoccupied spaces. EPA
received no comments relating to the
proposed listing of Powdered Aerosol H.
Prior to activation, the Powdered
Aerosol H formulation is contained as a
solid disk of chemicals in insulated and
dual-sealed casings. In response to heat
and lack of oxygen, the formulation
undergoes a chemical reaction; once the
Powdered Aerosol H system is
activated, it generates and discharges a
homogenous mixture of gas and
particulates into a space containing a
fire hazard or directly on the hazard
itself, extinguishing the fire. In the
‘‘Further Information’’ column of the
tables at the end of this document, we
state that use of this agent should be in
accordance with the safety guidelines in
the latest edition of the NFPA 2010
Standard for Fixed Aerosol Fire
Extinguishing Systems.
The redacted submission and
supporting documentation for Powdered
Aerosol H are provided in the docket for
this final rule (EPA–HQ–OAR–2021–
0836) at https://www.regulations.gov.
EPA performed an assessment to
examine the health and environmental
risks of each of this substitute. This
assessment is available in the docket for
this final rule.69 70
2. What is Powdered Aerosol H and how
does it compare to other fire
suppressants in the same end-use?
Environmental information:
According to the submitter, the active
ingredients for this technology are
nonvolatile solids before activation so
the ODP, atmospheric lifetime, and
GWP are all zero. The gaseous post69 ICF, 2022t. Risk Screen on Substitutes in Total
Flooding Systems in Normally Unoccupied Spaces;
Substitute: Pyroquench-aTM.
70 ICF, 2023b. Risk Screen on Substitutes in Total
Flooding Systems in Normally Unoccupied Spaces;
Substitute: Pyroquench-aTM.
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activation products that are released
upon activation of the fire suppressant
with GWPs are nitrogen dioxide (NO2)
and CO2, with GWPs of close to zero 71 72
and one, respectively. The postactivation constituents of Powdered
Aerosol H are excluded from EPA’s
regulatory definition of VOC (see 40
CFR 51.100(s)), for the purpose of
addressing the development of SIPs to
attain and maintain the NAAQS.
Flammability information: Powdered
Aerosol H post-activation products are
non-flammable.
Toxicity and exposure data: EPA
assessed potential health risks from
exposure to the proposed substitute as
a total flooding agent in normally
unoccupied spaces. Because the preactivation components of the fire
suppressant are prepared in tablets that
are non-reactive and do not crumble or
flake, there is no concern regarding
inhalation or ingestion of the preactivation compounds. The discharge of
the powdered aerosol after activation
results in temporary reduced visibility
in the protected space due to the
uniform distribution of the particulate
generated and may cause ocular,
dermal, and respiratory irritation. EPA
recommends that workers not enter the
space following discharge until all
particles have settled and the gases
released by the total flooding system
have dissipated. Use according to the
NFPA 2010 Standard will reduce any
safety risks due to reduced visibility.
The use of proper PPE, such as
protective clothing, gloves, goggles, and
particulate-removing respirators, during
manufacturing, at installation,
maintenance, and clean-up, minimizes
personnel exposure from inhalation of
the substitute. EPA provides additional
information on safe use of this
substitute for establishments
manufacturing, installing and
maintaining equipment using this agent
in the ‘‘Further Information’’ column of
the regulatory listing. Since this
additional information is not part of the
regulatory decision under SNAP, these
71 Myhre, et.al., 2013: Anthropogenic and Natural
Radiative Forcing. In: Climate Change 2013: The
Physical Science Basis. Contribution of Working
Group I to the Fifth Assessment Report of the
Intergovernmental Panel on Climate Change
[Stocker, T.F., D. Qin, G.-K. Plattner, M. Tignor,
S.K. Allen, J. Boschung, A. Nauels, Y. Xia, V. Bex
and P.M. Midgley (eds.)]. Cambridge University
Press, Cambridge, United Kingdom and New York,
NY, USA. Available online at: https://www.ipcc.ch/
report/ar5/wg1/.
72 In the proposal for this rule, EPA incorrectly
noted the GWP for NO2 as 120. EPA is correcting
the GWP and citation in this final rule. This
correction does not change EPA’s listing of
acceptable, subject to use conditions, as set forth in
the rule, for use of Powdered Aerosol H in fire
protection.
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statements are not binding for use of the
substitute under the SNAP program.
While the items listed are not legally
binding under the SNAP program, EPA
encourages users of substitutes to apply
all statements in the ‘‘Further
Information’’ column in their use of this
substitute as best practices for safer use.
EPA expects that procedures
identified in the SDS for Powdered
Aerosol H and good manufacturing
practices will be adhered to, and that
the appropriate safety and personal PPE
consistent with OSHA guidelines will
be used during installation, servicing,
post-discharge clean-up and disposal of
total flooding systems using Powdered
Aerosol H. The manufacturer guidance
upon installation of the system provides
the appropriate time after which
workers may re-enter the area for
disposal to allow the maximum settling
of all particulates.
Comparison to other fire
suppressants: The post-activation
products of Powdered Aerosol H have
an ODP of zero, comparable to or lower
than other listed substitutes in this enduse, with ODPs ranging from zero to
0.048. For total flooding agents,
Powdered Aerosol H’s GWP of zero
prior to activation (and close to zero and
one for certain post-activation products)
is comparable to or lower than that of
other acceptable substitutes, such as
HFC–227ea and other substitutes with
GWPs up to 22,800.73 Other acceptable
substitutes in this end-use have
comparable GWPs ranging from zero to
one, such as water, inert gases, and
other powdered aerosol fire
suppressants. Toxicity risks can be
minimized by use consistent with the
NFPA 2010 standard, recommendations
in the SDS, and other safety precautions
common in the fire suppression
industry. The potential toxicity risks
due to inhalation exposure are common
to many total flooding agents, including
those already listed as acceptable under
SNAP for this same end-use. Powdered
Aerosol H’s post-activation products are
nonflammable, as are all other available
total flooding agents.
EPA is finalizing listing Powdered
Aerosol H as acceptable, subject to use
conditions, in the end-use listed above
because it does not pose greater overall
environmental and human health risk
than other available substitutes in the
same end-use.
73 For SF , the substitute with the highest GWP,
6
the SNAP listing finds SF6 as ‘‘acceptable subject
to narrowed use limits.’’
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3. What use conditions is EPA finalizing
and why?
Consistent with the submitter’s
request, and information we have
available at this time for our review,
EPA finalizes the use condition that
Powdered Aerosol H be used in total
flooding fire suppression systems only
in areas that are not normally occupied.
EPA conducted this evaluation for use
only in unoccupied spaces, and
information was provided by the
submitter in the SNAP application
specific for this type of space based on
EPA guidance.74 EPA needs additional
information, such as additional toxicity
test information, to issue a listing for
normally occupied spaces, compared to
a listing for normally unoccupied
spaces. This is because of the greater
risk that workers or members of the
general public may be exposed to if a
fire suppressant is used in normally
occupied spaces. In the absence of such
information, as described in EPA’s
guidance, EPA issues listings for
powdered aerosol fire suppressants as
acceptable subject to use conditions for
use in normally unoccupied spaces
only.
4. How is EPA responding to comments
on Powdered Aerosol H?
No comments were received regarding
EPA’s proposed listing for Powdered
Aerosol H, and for the reasons discussed
above, EPA is finalizing this section of
the rulemaking as proposed.
J. How is EPA responding to other
comments?
Comment: Several commenters
(AHRI, the Alliance, AHAM, Carrier,
EIA, Brigett Griffin, LG Electronics,
Chemours, and Trane) noted general
support for this rulemaking.
Additionally, the Alliance and AHAM
stressed a desire for the Agency to issue
a final rule in a timely manner to ensure
that lower GWP alternatives are
available. Trane noted their support for
a transition to lower flammability
‘‘A2L’’ refrigerants.
Response: EPA acknowledges the
commenters’ support of the listings in
this rulemaking. The Agency
acknowledges Trane’s support for listing
A2L refrigerants. EPA is finalizing many
listing decisions as proposed and is
finalizing other listing decisions with
relatively minor changes that address
and incorporate information provided in
comments as described throughout the
preamble above.
74 EPA, 2004. A Guide to Completing a Risk
Screen: Collection and Use of Risk Screen Data. Fire
Suppression Sector. April, 2004.
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Comment: EIA commented on the
GWP of HFC–32 and noted that
refrigerants like HFC–32 have lower
GWPs than the chemicals they replace
and are near-term solutions which help
facilitate the reduction in demand for
HFCs under the American Innovation
and Manufacturing (AIM) Act of 2020.
EIA urged that EPA should consider
restricting these refrigerants in the
future, once additional ultra-low GWP
refrigerants become more widely
adopted.
Response: EPA acknowledges EIA’s
concern for the GWPs of various
refrigerants and recognition that new
alternatives will be more widely
adopted in the future. EPA plans to
continue to review the GWPs of
substitutes consistent with the SNAP
program criteria. EIA’s comment on the
AIM Act is beyond the scope of this
action.
Comment: Diversified CPC
International stated that EPA should
consider listing the ASHRAE A3
refrigerants R–290, R–600, R–600a, R–
601a, R–1270, and blends (i.e., propane,
butane, isobutane, isopentane,
propylene, and blends) as acceptable to
align with UL 60335–2–89, 2nd Edition
and UL 60335–2–40, 3rd Edition.
Additionally, Diversified CPC
International and EIA stated that they
hoped EPA will prioritize adoption of
revised use conditions for refrigeration
equipment in a future rule to take into
account UL 60335–2–89, 2nd Edition,
which would include expanded charge
limits for hydrocarbons up to 500 g in
self-contained equipment. EIA also
stated that modernizing standards for
commercial refrigeration will open a
pathway for companies to significantly
reduce climate impacts while
maintaining safe systems. ATMOsphere
urged that EPA consider the impending
use of hydrocarbons in chillers, ACs and
HPs and stated that such systems are
becoming widely used in Europe.
Response: EPA acknowledges these
comments expressing support for
hydrocarbons in the refrigeration and
AC sector. EPA did not propose to
revise the current use conditions for R–
290 or the hydrocarbon blend R–441A
for use in self-contained room ACs and
HPs. The Agency also did not propose
to list R–290, R–600, R–600a, R–601a,
R–1270, and blends for use in other enduses. Therefore, these comments are
beyond the scope of this rulemaking.
The Agency may consider proposing
additional listings, including listings for
hydrocarbons and other lower-GWP
refrigerants in commercial refrigeration
in future rulemakings, in addition to
updating use conditions for existing
hydrocarbon listings. EPA
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acknowledges that in other countries,
refrigerants used in chillers may differ
from the United States. The Agency’s
review of substitutes relies on the SNAP
program criteria and the conditions in
the United States, not on whether a
substitute is in use elsewhere.
Comment: ATMOsphere urged the use
of refrigerants such as hydrocarbons,
CO2, and ammonia in split-system AC,
household refrigerators, supermarket
cases, HPs, HP water heaters, and
chillers.
Response: EPA acknowledges the
increasing use of both fluorinated and
non-fluorinated alternatives to ODS. In
this action, EPA did not propose to list
hydrocarbons, CO2, or ammonia and
thus is not finalizing such a listing in
this final rule. The Agency intends to
consider proposing additional listings,
including listings for non-fluorinated
alternatives, in future rulemakings.
Comment: Savannah River Nuclear
Solutions stated that EPA needs to
exempt the flammable refrigerants
identified as being exempt from the
venting prohibition contained in 40 CFR
82.l54(a) from RCRA by adding language
to 40 CFR 261.2 and/or 40 CFR 261.4.
This commenter stated that the lack of
exemption in 40 CFR 261.2 and/or 40
CFR 261.4 has resulted in confusion on
EPA’s position with respect to RCRA
regulation of flammable refrigerants that
are exempted under 40 CFR 82.154(a)
from the venting prohibition. Savannah
River Nuclear Solutions noted that the
refrigerants in the end-uses described at
Subpart G, Appendix R, Items l, 2, 5 and
6 in the July 28, 2022 NPRM are exempt
from the venting prohibition contained
in 40 CFR 82.l54(a) and in this text,
there is no indication the recovery or
disposal of these refrigerants in these
end uses are hazardous waste under
RCRA even when venting occurs in a
non-household setting. This commenter
cited from multiple rulemakings that
exempted certain refrigerants from the
venting prohibition under CAA section
608(c)(2).
Response: EPA did not open for
comment the listings 1 through 6 in
appendix R to 40 CFR part 82, subpart
G mentioned by the commenter. Rather,
those entries were republished ‘‘to bring
the table in line with the Office of the
Federal Register’s general requirement
for orderly codification by: adding entry
numbers, replacing prohibited language,
and properly formatting the footnotes.’’
(87 FR at 45509; July 28, 2022).
Similarly, EPA did not reopen the
regulations at 40 CFR 261.2 and 40 CFR
261.4 through the NPRM. For these
reasons, EPA considers the comment to
be outside of the scope of this
rulemaking.
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In light of the commenter’s statement
about confusion regarding the RCRA
regulation of flammable refrigerants that
are exempted under 40 CFR 82.154(a)
from the venting prohibition, we note
that we have already addressed the
applicability of RCRA to spent
refrigerants in a previous SNAP rule,
which states, for example, that ‘‘propane
and other HCs being recovered, vented,
released, or otherwise disposed of from
commercial and industrial appliances
are likely to be hazardous waste under
RCRA (see 40 CFR parts 261 through
270).’’ (See 81 FR at 86799–86800,
December 1, 2016, for additional
information).
Comment: ATMOsphere, EIA, and an
anonymous member of the public
commented on the atmospheric
decomposition of HFC–134a and HFO–
1234yf into trifluoroacetic acid (TFA).
ATMOsphere stated that TFA is
collecting in the environment, and EIA
claimed that ‘‘the presence of persistent
fluorinated by-products of HFCs and
HFOs is increasing in the environment,’’
citing studies finding increasing levels
of TFA in ice cores,75 rainwater,76
groundwater,77 and leaf samples.78 All
three commenters expressed concern
about the potential risks TFA might
pose to human health and the
environment. EIA asserted, ‘‘it is
reasonable to conduct a complete
review of these chemicals rather than
allow their continued proliferation,’’
and suggested that EPA should evaluate
the potential risks from TFA through
future SNAP regulations.
Response: EPA appreciates the
information provided by EIA on the
75 Chemical and Engineering News, May 1, 2020.
‘‘CFC replacements are a source of persistent
organic pollution in the Arctic.’’ K. Bourzic.
Available online at: https://cen.acs.org/
environment/persistent-pollutants/CFCreplacements-source-persistent-organic/98/web/
2020/05.
76 Freeling et al., 2020. F. Freeling, D. Behringer,
F. Heydel, M. Scheurer, T. Ternes, and K. No¨dler.
‘‘Trifluoroacetate in Precipitation: Deriving a
Benchmark Data Set’’ Environ. Sci. Technol. 2020,
54, 18, 11210–11219. August 17, 2020. Available
online at: https://pubs.acs.org/doi/10.1021/
acs.est.0c02910.
77 Zihan Zhai et al., 2015. Zihan Zhai, Jing Wu,
Xia Hu, Li Li, Junyu Guo, Boya Zhang, Jianxin Hu,
and Jianbo Zhang. ‘‘A 17-fold increase of
trifluoroacetic acid in landscape waters of Beijing,
China during the last decade,’’ Chemosphere. 2015
Jun; 129:110–7. doi: 10.1016/
j.chemosphere.2014.09.033. Abstract available
online at https://pubmed.ncbi.nlm.nih.gov/
25262947/.
78 Freeling et al., 2022. F. Freeling, M. Scheurer,
J. Koschorreck, G. Hoffmann, T.A. Ternes, and K.
No¨dler. ‘‘Levels and Temporal Trends of
Trifluoroacetate (TFA) in Archived Plants: Evidence
for Increasing Emissions of Gaseous TFA Precursors
over the Last Decades,’’ Environ. Sci. Technol. Lett.
2022, 9, 5, 400–405. April 18, 2022. Available
online at: https://pubs.acs.org/doi/10.1021/
acs.estlett.2c00164.
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atmospheric decomposition of HFO–
1234yf to TFA. We note that several
studies and reports provide further
information about this topic. A 2014
study by Kazil, et al. analyzed TFA
deposition in the United States
assuming 100 percent of all motor
vehicle air conditioning (MVAC)
systems use HFO–1234yf, which was
the largest use of HFO–1234yf at that
time.79 The results indicated that
rainwater TFA concentrations, while
varying strongly geographically, will on
average be low compared to the levels
at which toxic effects are observed in
aquatic systems. Similarly low TFA
concentrations were estimated for
emissions of HFO–1234yf from Asia in
a 2021 study by David, et al.80 The
World Meteorological Organization also
provided a summary of key information
pertaining to TFA in their 2022 report
to the Montreal Protocol.81 The report
states:
The formation in the atmosphere of
trifluoroacetic acid (TFA) is expected to
increase in the coming decades due to
increased use of HFOs and HCFOs. TFA, a
breakdown product of some HFCs, HCFCs,
HFOs and HCFOs, is a persistent chemical
with potential harmful effects on animals,
plants, and humans. The concentration of
TFA in rainwater and ocean water is, in
general, significantly below known toxicity
limits at present. Potential environmental
impacts of TFA require future evaluation due
to its persistence. (p. 14)
Most TFA currently found in the
environment resulting from
decomposition of refrigerants likely
derived from HFC–134a, which is being
phased down and the use of which is
anticipated to decrease in end-uses
where safer alternatives are found
acceptable under the SNAP program.
EPA also notes that the modeling
studies referenced generally assume a
one-to-one substitution of HFO–1234yf
for HFC–134a to be conservative;
79 Kazil et al., 2014. ‘‘Deposition and rainwater
concentrations of trifluoroacetic acid in the United
States from the use of HFO–1234yf’’ J. Kazil, S.
McKeen, S.-W. Kim, R. Ahmadov, G.A. Grell, R.K.
Talukdar, A.R. Ravishankara. JGR Atmospheres.
Volume 119, Issue 24. December 27, 2014. Pages
14,059–14,079. October 31, 2014. Available online
at https://agupubs.onlinelibrary.wiley.com/doi/full/
10.1002/2014JD022058.
80 David et al., 2021. ‘‘Trifluoroacetic acid
deposition from emissions of HFO–1234yf in India,
China, and the Middle East,’’ Volume 21, issue 19.
Atmos. Chem. Phys., 21, 14833–14849, 2021.
https://doi.org/10.5194/acp-21-14833-2021.
Available online at ttps://acp.copernicus.org/
articles/21/14833/2021/.
81 World Meteorological Organization (WMO),
2022. Executive Summary. Scientific Assessment of
Ozone Depletion: 2022, GAW Report No. 278, 56
pp.; WMO: Geneva, 2022. Available online at
https://ozone.unep.org/system/files/documents/
Scientific-Assessment-of-Ozone-Depletion-2022Executive-Summary.pdf.
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however, none of the end-uses in this
final rule where HFO–1234yf is being
listed as acceptable are anticipated to
cause a one-for-one transition from
HFC–134a to HFO–1234yf. Any increase
in TFA deposition due to this rule is
expected to be less than the modeled
increases in TFA from studies that
found the levels of TFA in the
environment remained, ‘‘too small to be
a risk to the environment over the next
few decades.’’ Use of HFO–1234yf and
concerns about TFA in applications not
addressed by this final rule are outside
the scope of this rulemaking.
There are ongoing evaluations of the
potential risks of TFA exposure. In
2020, the Environmental Effects
Assessment Panel (EEAP) to the
Montreal Protocol released an update 82
to its report on the environmental
effects of stratospheric ozone depletion,
UV radiation, and interactions with
climate change, including the potential
effects of TFA from ODS and their
substitutes. That report noted that TFA
‘‘has a no-observed-effect-concentration
(NOEC) for aquatic species, which is
typically >10,000 mg/L,’’ while ‘‘analysis
of 1187 samples of rainwater collected
in eight locations across Germany in
2018–2019 showed median and a
precipitation-weighted mean
concentration of TFA of 0.210 mg/L and
0.335 mg/L, respectively,’’ and ‘‘another
recent paper reported TFA . . . in
precipitation in the low mg/L range
across 28 cities in mainland China.’’
These studies and others led the EEAP
to state, ‘‘Trifluoroacetic acid continues
to be found in the environment,
including in remote regions, although
not at concentrations likely to have
adverse toxicological consequences.’’
In its 2021 Summary Update for
Policymakers,83 the EEAP stated:
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TFA likely has natural geochemical
sources, is widely used in industry and
research laboratories, and is a by-product of
the synthesis and degradation of fluorinated
and perfluorinated compounds (PFCs). . . .
TFA has recently been found in
precipitation, surface waters, and indoor dust
in China . . ., although concentrations are
82 EEAP, 2020. ‘‘Environmental effects of
stratospheric ozone depletion, UV radiation, and
interactions with climate change: UNEP
Environmental Effects Assessment Panel, Update
2020.’’ Photochemical & Photobiological Sciences
https://doi.org/10.1007/s43630-020-00001-x.
Available online at: https://engineering.case.edu/
centers/sdle/sites/engineering.case.edu.
centers.sdle/files/neale_et_al._-_2021_-_
environmental_effects_of_stratospheric_ozone_
deple.pdf.
83 EEAP, 2021. ‘‘Summary Update 2021 for
Policymakers’’ UNEP Environmental Effects
Assessment Panel. Available online at: https://
ozone.unep.org/sites/default/files/assessment_
panels/EEAP-summary-update-2021-forpolicymakers.pdf.
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below those considered toxic. No additional
studies on the toxicity of TFA to organisms
have been reported, but prior research has
shown that this compound is not highly toxic
to mammals and aquatic organisms, although
some plants and algae may be sensitive. . . .
At present, it is not possible to quantify the
proportion of anthropogenic sources of TFA
resulting from substances not falling under
the purview of the Montreal Protocol, but
available evidence indicates that this
breakdown product is of minimal risk to
human health. (p. 10; references in the text
omitted here)
In response to EIA’s suggestion that
EPA evaluate potential risks from TFA
through future SNAP rules, EPA notes
that it does consider ecotoxicity as a
criterion when evaluating alternatives
under SNAP’s comparative risk
framework, and the Agency has
considered the potential impacts of TFA
in past actions that found HFO–1234yf
acceptable in certain end-uses. For
example, EPA studied the potential
generation of TFA when first listing neat
(i.e., 100%, not in blends) HFO–1234yf
as acceptable, subject to use conditions,
in motor vehicle air conditioning. The
myriad studies EPA referenced all
concluded that the additional TFA from
HFO–1234yf did not pose a significant
additional risk, even if it were assumed
to be used as the only refrigerant in all
refrigeration and air conditioning
equipment (76 FR 17492–17493, March
29, 2011). The Agency intends to
continue its approach to evaluating the
potential risks from TFA in future SNAP
regulations. Based on current
information, EPA does not consider the
overall risk to human health and the
environment due to the listings in this
final rule to be significantly greater than
for other available or potentially
available substitutes for the same uses.
Comment: Three commenters
(ATMOsphere, EIA, and an anonymous
commenter) expressed concern about
per- and poly-fluoroalkyl substances
(PFAS). Commenters noted that under
some definitions of PFAS, HFCs and
HFOs discussed in this rule are
considered PFAS, and two of the
commenters suggested EPA should
adopt a particular definition of PFAS.
The commenters noted that some PFAS
chemicals, e.g., perfluorooctanoic acid
(PFOA) and perfluorooctane sulfonate
(PFOS), present risks to human health
and the environment.
Response: EPA understands that
currently, there is no single commonly
agreed definition of PFAS, and whether
or not HFCs or HFOs are classified as
PFAS depends on the definition being
used. EPA’s PFAS roadmap, available at
https://www.epa.gov/pfas, sets timelines
for specific actions and outlines EPA’s
commitments to new policies to
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safeguard public health, protect the
environment, and hold polluters
accountable. This rule does not in any
way establish a definition of PFAS, nor
do the listing decisions depend on a
specific definition. In evaluating
alternatives using its comparative risk
framework, SNAP already considers
potential risks to human health and the
environment. Regardless of what
definition of PFAS is used, not all PFAS
are the same in terms of toxicity or any
other risk. Some PFAS have been shown
to have extremely low toxicity, for
example. If a chemical has been found
to present lower overall risk to human
health or the environment, it might be
found acceptable under SNAP
regardless of whether or not it falls
under a particular definition of PFAS.
Likewise, SNAP might not find a
potential alternative acceptable if it
presented greater overall risk, regardless
of whether or not it falls under a
particular definition of PFAS. As
described in the risk screens for
alternatives found in the docket for this
rulemaking, potential risk to human
health or the environment has been
considered directly for each chemical,
and the risks are not assumed to follow
from a chemical falling into any
particular category of substances.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
OMB has previously approved the
information collection activities
contained in the existing regulations
and has assigned OMB control number
2060–0226. The approved Information
Collection Request includes five types
of respondent reporting and
recordkeeping activities pursuant to
SNAP regulations: submission of a
SNAP petition, filing a Toxic
Substances Control Act (TSCA)/SNAP
Addendum, notification for test
marketing activity, recordkeeping for
substitutes acceptable subject to use
restrictions, and recordkeeping for small
volume uses. This action does not
impose a new information collection
burden under the PRA because the
existing Information Collection Request
already includes recordkeeping for
substitutes acceptable subject to use
restrictions—i.e., acceptable subject to
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use conditions or acceptable subject to
narrowed use limits.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. In making this
determination, EPA concludes that the
impact of concern for this rule is any
significant adverse economic impact on
small entities and that the agency is
certifying that this rule will not have a
significant economic impact on a
substantial number of small entities
because the rule has no net burden on
the small entities subject to the rule.
This action adds the additional options
under SNAP of using HFC–32, HFO–
1234yf, R–452B, R–454A, R–454B, R–
454C, R–1150, 2–BTP, EXXFIRE ®, and
Powdered Aerosol H, in the specified
end-uses, but does not mandate such
use. Users who choose to avail
themselves of this flexibility for R–1150
must make a reasonable effort to
ascertain that other substitutes or
alternatives are not technically feasible
and must document and keep records of
the results of such investigations.
Because equipment for HFC–32, HFO–
1234yf, R–452B, R–454A, R–454B, and
R–454C is not manufactured yet in the
U.S. for the chillers and residential
dehumidifiers end-uses, no change in
business practice is required to meet the
use conditions, resulting in no adverse
impact compared with the absence of
this rule. Similarly, R–1150, 2–BTP,
EXXFIRE ®, and Powdered Aerosol H
are listed as acceptable with use
conditions consistent with industry
standards and with the intended uses
described by the submitters, also
requiring no change in business
practices and resulting in no adverse
impact compared with the absence of
this rule. The new use conditions for
HFC–32 in self-contained room ACs and
HPs were requested by industry and
allow use consistent with the more
recent standard, UL 60335–2–40, while
also allowing continued use with
another existing standard, UL 484, until
the consensus standard setting
organization sunsets that older standard;
these would allow for greater
consistency in business practices for
different types of equipment using the
same refrigerant while giving industry
time to transition between two industry
standards. Equipment for HFC–32
already manufactured prior to the
effective date of this final rule would
not be affected. Self-contained room
ACs and HPs using HFC–32 have been
subject to similar use conditions, and
thus the updated requirements result in
no adverse impact compared with the
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absence of this rule. Thus, the final rule
will not impose new costs on small
entities. We have therefore concluded
that this action will have no net
regulatory burden for any directly
regulated small entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any State, local or
Tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have Tribal
implications as specified in Executive
Order 13175. 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. EPA
periodically updates Tribal officials on
air regulations through the monthly
meetings of the National Tribal Air
Association and will share information
on this rulemaking through this and
other formats.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
Executive Order 12866, and because
EPA does not believe the environmental
health or safety risks addressed by this
action present a disproportionate risk to
children. While EPA has not conducted
a separate analysis of risks to infants
and children associated with this rule,
the rule does contain use conditions
that would reduce exposure risks to the
general population, with the reduction
of exposure being most important to the
most sensitive individuals. This action’s
health and risk assessments are
contained in the comparisons of toxicity
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26415
for the various substitutes, as well as in
the risk screens for the substitutes that
are listed in this rule. The risk screens
are in the docket for this rulemaking.
H. Executive Order 13211: Actions 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.
I. National Technology Transfer and
Advancement Act and 1 CFR Part 51
This action involves technical
standards. EPA has decided to use and
incorporate by reference three technical
safety standards in the use conditions
for the types of refrigeration and air
conditioning equipment addressed in
this action: two standards developed by
UL and one developed by ASHRAE.
EPA incorporates by reference the
2019 edition of UL Standard 60335–2–
40, which establishes requirements for
the evaluation of commercial and
residential AC and dehumidifier
equipment and safe use of flammable
refrigerants, among other things.
Additionally, EPA uses and
incorporates by reference the 2021
edition of UL Standard 61010–2–011,
which establishes requirements for the
evaluation of laboratory equipment and
safe use of flammable refrigerants,
among other things. These standards are
discussed in greater detail in sections
II.E and II.F.4 of this preamble.
The 2019 UL Standard 60335–2–40
and 2021 UL Standard 61010–2–011 are
available at https://
www.shopulstandards.com/
ProductDetail.aspx?UniqueKey=36463
and may be purchased by mail at:
COMM 2000, 151 Eastern Avenue,
Bensenville, IL 60106; Email: orders@
shopulstandards.com; phone: 1–888–
853–3503 in the U.S. or Canada (other
countries dial 1–415–352–2178);
website: https://ulstandards.ul.com/ or
www.comm-2000.com. The cost of each
of the 2019 UL Standard 60335–2–40
and 2021 UL Standard 61010–2–011 is
$440 for an electronic copy and $550 for
hardcopy. UL also offers a subscription
service to the Standards Certification
Customer Library that allows unlimited
access to their standards and related
documents. The cost of obtaining this
standard is not a significant financial
burden for equipment manufacturers
and purchase is not necessary for those
selling, installing, and servicing the
equipment. Therefore, EPA concludes
that the UL standards incorporated by
reference is reasonably available.
EPA is also incorporating by reference
ANSI/ASHRAE Standard 15–2019,
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Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Rules and Regulations
Safety Standard for Refrigeration
Systems, in the use conditions for six
refrigerants listed for use in chillers.
This standard concerns the safe design,
construction, installation, and operation
of refrigeration systems. This standard is
available at https://www.ashrae.org/
resources-publications/bookstore/
standards-15-34 and may be purchased
by mail at: 6300 Interfirst Drive, Ann
Arbor, MI 48108; by phone: 1–800–527–
4723 in the U.S. or Canada; website:
https://www.techstreet.com/ashrae/
ashrae_standards.html?ashrae_auth_
token=. The cost of ASHRAE Standard
15–2019 is $159.00 for an electronic
copy or hardcopy. The cost of obtaining
this standard is not a significant
financial burden for equipment
manufacturers or for those selling,
installing and servicing the equipment.
Therefore, EPA concludes that the
ASHRAE standard incorporated by
reference is reasonably available.
EPA is incorporating by reference the
following addenda to ANSI/ASHRAE
Standard 15–2019, available at https://
www.ashrae.org/technical-resources/
standards-and-guidelines/standardsaddenda:
• Addendum a, ANSI-approved
February 6, 2020, concerning updates to
providing capacity factors for
overpressure protection and introducing
a method for calculating pressure relief
capacity factors for refrigerants not
included in the standard.
• Addendum b, ANSI-approved
February 6, 2020, concerning updates to
the definition of ‘‘listed,’’ and adding
the term ‘‘labeled.’’
• Addendum c, ANSI-approved
September 1, 2020, concerning updates
to allow the use of equipment using
small amounts of non-A1 refrigerants if
they are listed to appropriate safety
standards.
• Addendum d, ANSI-approved April
29, 2022, concerning clarification that
the standard does not apply to
residential refrigeration systems.
• Addendum e, ANSI-approved
January 27, 2022, concerning revisions
to requirements related to refrigerant
piping.
• Addendum f, ANSI-approved
September 30, 2020, concerning the
addition of a new appendix providing
clarifying, nonmandatory information,
movement of mandatory information
into the body of the standard, and
updates to references.
• Addendum i, ANSI-approved July
31, 2020, concerning the modification of
the standard by deferring regulation of
ammonia refrigeration to ANSI/IIAR 2
and removal of erroneous references to
ammonia.
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• Addendum j, ANSI-approved
October 30, 2020, concerning the
replacement of the terms ‘‘flammable’’
and ‘‘nonflammable’’ with the specific
refrigerant class.
• Addendum k, ANSI-approved
October 30, 2020, concerning the
modification of the existing listing
requirement in the standard by
clarifying the acceptable product safety
listing standards.
• Addendum m, ANSI-approved June
30, 2022, concerning the modification of
allowances for the use of mechanical
ventilation to expand this mitigation
strategy for human comfort applications
using A2L refrigerants, helping to
harmonize the standard with UL 60335–
2–40, 3rd Edition.
• Addendum n, ANSI-approved May
31, 2022, concerning the address of a
continuous maintenance proposal to
clarify wording about airflow face
velocity.
• Addendum o, ANSI-approved April
29, 2022, concerning the clarification of
notification requirements.
• Addendum q, ANSI-approved May
31, 2022, concerning the modification of
requirements for mechanical ventilation
in machinery rooms using only 2L
classified refrigerants, updates to the
graphical method for determining
required ventilation rates, and addition
of an alternate calculation method for
compliance.
• Addendum r, ANSI-approved May
31, 2022, concerning the modification of
the definition of machinery rooms.
EPA has already incorporated the
following standards into appendix R:
UL 471 (November 24, 2010); UL 484
(December 21, 2007, with changes
through August 3, 2012); UL 541
(December 30, 2011); and UL 60335–2–
24 (April 28, 2017).
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) directs Federal
agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations (people of color and/or
Indigenous peoples) and low-income
populations.
EPA believes that the human health or
environmental conditions that exist
prior to this action result in or have the
potential to result in disproportionate
and adverse human health or
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environmental effects on people of
color, low-income populations and/or
indigenous peoples. This action’s health
and environmental risk assessments are
contained in the comparison of health
and environmental risks for HFC–32,
HFO–1234yf, R–452B, R–454A, R–454B,
R–454C, R–1150, 2–BTP, EXXFIRE®,
and Powdered Aerosol H, as well as in
the risk screens that are available in the
docket for this rulemaking. EPA’s
analysis indicates that other
environmental impacts and human
health impacts of HFC–32, HFO–1234yf,
R–452B, R–454A, R–454B, R–454C, R–
1150, 2–BTP, EXXFIRE®, and Powdered
Aerosol H are comparable to or less than
those of other substitutes that are listed
as acceptable for the same end-use.
Because adoption of the new substitutes
listed in this final rule is voluntary, the
Agency is unable to quantify when,
where, and how much of the listed
substitutes will be produced and used.
Thus, EPA cannot determine the extent
to which this rule will exacerbate or
reduce existing disproportionate
adverse effects on communities of color
and low-income people as specified in
Executive Order 12898 (59 FR 7629,
February 16, 1994).
EPA believes that it is not practicable
to assess whether this action is likely to
result in new disproportionate and
adverse effects on people of color, lowincome populations and/or indigenous
peoples. However, the listings for HFC–
32, HFO–1234yf, R–452B, R–454A, R–
454B, R–454C, R–1150, 2–BTP,
EXXFIRE®, and Powdered Aerosol H in
the end-uses addressed in this action
provide additional lower-GWP and ODP
or comparable alternatives in their
respective end-uses. By providing
lower-GWP and ODP or comparable
alternatives for these end-uses, this rule
is anticipated to reduce the use and
eventual emissions of potent greenhouse
gases in these end-uses, which could
help to reduce the effects of climate
change, including the public health and
welfare effects on people of color,
communities of low-income and/or
Indigenous peoples. The Agency will
continue to evaluate the impacts of this
program on communities with
environmental justice concerns and
consider further action, as appropriate.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
EPA will submit a rule report to each
House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
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IV. References
Unless specified otherwise, all
documents are available electronically
through the Federal Docket Management
System at https://www.regulations.gov,
Docket number EPA–HQ–OAR–2021–
0836.
ASHRAE, 2019a. ANSI/ASHRAE Standard
34–2019: Designation and Safety
Classification of Refrigerants.
ASHRAE, 2019b. ANSI/ASHRAE Standard
15–2019: Safety Standard for
Refrigeration Systems. 2019.
Chemical and Engineering News, 2020. ‘‘CFC
replacements are a source of persistent
organic pollution in the Arctic.’’
Katherine Bourzac. May 21, 2020.
Available online at: https://cen.acs.org/
environment/persistent-pollutants/CFCreplacements-source-persistent-organic/
98/web/2020/05.
David et al., 2021. ‘‘Trifluoroacetic acid
deposition from emissions of HFO–
1234yf in India, China, and the Middle
East,’’ Volume 21, issue 19. Atmos.
Chem. Phys., 21, 14833–14849, 2021.
https://doi.org/10.5194/acp-21-148332021. Available online at https://
acp.copernicus.org/articles/21/14833/
2021/.
‘‘Environmental effects of stratospheric ozone
depletion, UV radiation, and interactions
with climate change: UNEP
Environmental Efects Assessment Panel,
Update 2020.’’ Photochemical &
Photobiological Sciences Available
online at: https://ozone.unep.org/sites/
default/files/assessment_panels/EEAPsummary-update-2021-forpolicymakers.pdf.
EEAP, 2021. Environmental Effects of
Stratospheric Ozone Depletion, UV
Radiation, and Interactions with Climate
Change: UNEP Environmental Effects
Assessment Panel, Update 2021.
Available online at: https://
ozone.unep.org/sites/default/files/
assessment_panels/EEAP-summaryupdate-2021-for-policymakers.pdf.
Engineering ToolBox, 2005. Refrigerants—
Physical Properties. Available online at:
https://www.engineeringtoolbox.com/
refrigerants-d_902.html Accessed
October 28, 2021.
EPA, 2004. A Guide to Completing a Risk
Screen: Collection and Use of Risk
Screen Data. Fire Suppression Sector.
April 2004.
Freeling et al., 2020. Finnian Freeling, David
Behringer, Felix Heydel, Marco
Scheurer, Thomas A. Ternes, and
Karsten No¨dler. ‘‘Trifluoroacetate in
Precipitation: Deriving a Benchmark
Data Set’’ Environ. Sci. Technol. 2020,
54, 18, 11210–11219. August 17, 2020.
Available online at https://pubs.acs.org/
doi/10.1021/acs.est.0c02910.
Freeling et al., 2022. Finnian Freeling, Marco
Scheurer, Jan Koschorreck, Gabriele
Hoffmann, Thomas A. Ternes, and
Karsten No¨dler. ‘‘Levels and Temporal
Trends of Trifluoroacetate (TFA) in
Archived Plants: Evidence for Increasing
Emissions of Gaseous TFA Precursors
over the Last Decades,’’ Environ. Sci.
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Technol. Lett. 2022, 9, 5, 400–405. April
18, 2022. Available online at: https://
pubs.acs.org/doi/10.1021/
acs.estlett.2c00164.
Hodnebrog, et al., 2013. Hodnebrog, ;.,
Etminan, M., Fuglestvedt, J.S., Marston,
G., Myhre, G., Nielsen, C.J., Shine, K.P.,
and Wallington, T.J. (2013). Global
Warming Potentials and Radiative
Efficiencies of Halocarbons and Related
Compounds: A Comprehensive Review,
Reviews of Geophysics, 51, 300–378.
Available online at doi.org/10.1002/
rog.20013.
ICF, 2014. Assessment of the Potential
Impact of Hydrocarbon Refrigerants on
Ground Level Ozone Concentrations.
February 2014.
ICF, 2022a. Risk Screen on Substitutes in
Chillers and Industrial Process Air
Conditioning (New Equipment);
Substitute: R–32.
ICF, 2022b. Risk Screen on Substitutes in
Chillers and Industrial Process Air
Conditioning (New Equipment);
Substitute: HFO–123yf.
ICF, 2022c. Risk Screen on Substitutes in
Chillers and Industrial Process Air
Conditioning (New Equipment);
Substitute: R–452B.
ICF, 2022d. Risk Screen on Substitutes in
Chillers and Industrial Process Air
Conditioning (New Equipment);
Substitute: R–454A.
ICF, 2022e. Risk Screen on Substitutes in
Chillers and Industrial Process Air
Conditioning (New Equipment);
Substitute: R–454B.
ICF, 2022f. Risk Screen on Substitutes in
Chillers and Industrial Process Air
Conditioning (New Equipment);
Substitute: R–454C.
ICF, 2022g. Risk Screen on Substitutes in
Residential Dehumidifiers (New
Equipment); Substitute: HFC–32.
ICF, 2022h. Risk Screen on Substitutes in
Residential Dehumidifiers (New
Equipment); Substitute: R–452B.
ICF, 2022i. Risk Screen on Substitutes in
Residential Dehumidifiers (New
Equipment); Substitute: R–454A.
ICF, 2022j. Risk Screen on Substitutes in
Residential Dehumidifiers (New
Equipment); Substitute: R–454B.
ICF, 2022k. Risk Screen on Substitutes in
Residential Dehumidifiers (New
Equipment); Substitute: R–454C.
ICF, 2022l. Risk Screen on Substitutes in
Residential Dehumidifiers (New
Equipment); Substitute: HFO–1234yf.
ICF, 2022m. [Reserved—not referenced in
this document.].
ICF, 2022n. Risk Screen on Substitutes in
Residential and Light Commercial Air
Conditioning and Heat Pumps (New
Equipment); Substitute: HFC–32
(Difluoromethane).
ICF, 2022o. Risk Screen on Substitutes in
Very Low Temperature Refrigeration
(New Equipment); Substitute: R–1150.
ICF, 2022p. Additional Assessment of the
Potential Impact of Hydrocarbon
Refrigerants on Ground Level Ozone
Concentrations. May 2020.
ICF, 2022q. Risk Screen on Substitutes in
Total Flooding Systems in Normally
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Unoccupied Spaces. Substitute: 2-bromo3,3,3-trifluoropropene (2–BTP).
ICF, 2022r. Risk Screen on Substitutes as
Streaming Agents in Non-Residential
Applications. Substitute: 2-bromo-3,3,3trifluoropropene (2–BTP).
ICF, 2022s. Risk Screen on Substitutes in
Total Flooding Systems in Normally
Unoccupied Spaces; Substitute:
EXXFIRE ®.
ICF, 2022t. Risk Screen on Substitutes in
Total Flooding Systems in Normally
Unoccupied Spaces; Substitute:
Pyroquench-aTM.
ICF, 2023a. Risk Screen on Substitutes in
Residential and Light Commercial Air
Conditioning and Heat Pumps (New
Equipment); Substitute: HFC–32
(Difluoromethane).
ICF, 2023b. Risk Screen on Substitutes in
Total Flooding Systems in Normally
Unoccupied Spaces; Substitute:
Pyroquench-aTM.
IPCC, 2007. Climate Change 2007: The
Physical Science Basis. Contribution of
Working Group I to the Fourth
Assessment Report of the
Intergovernmental Panel on Climate
Change. Solomon, S., Qin, D., Manning,
M., Chen, Z., Marquis, M., Averyt, K.B.,
Tignor, M., and Miller, H.L. (eds.).
Cambridge University Press. Cambridge,
United Kingdom and New York, NY,
USA. Available online at: www.ipcc.ch/
publications_and_data/ar4/wg1/en/
contents.html.
Kazil et al., 2014. J. Kazil, S. McKeen, S.-W.
Kim, R. Ahmadov, G.A. Grell, R.K.
Talukdar, A.R. Ravishankara.
‘‘Deposition and rainwater
concentrations of trifluoroacetic acid in
the United States from the use of HFO–
1234yf,’’ JGR Atmospheres. Volume 119,
Issue 24. Pages 14,059–14,079. October
31, 2014. Available online at: https://
agupubs.onlinelibrary.wiley.com/doi/
full/10.1002/2014JD022058.
Kim and Sunderland, 2018. Dennis Kim and
Peter Sunderland, ‘‘Viability of Various
Ignition Sources to Ignite A2L
Refrigerant Leaks,’’ 17th International
Refrigeration and Air Conditioning
Conference at Purdue University, July,
2018. Available online at: https://
docs.lib.purdue.edu/cgi/viewcontent.cgi?
article=2885&context=iracc.
Myhre, et al., 2013. Myhre, G., D. Shindell,
F.-M. Bre´on, W. Collins, J. Fuglestvedt, J.
Huang, D. Koch, J.-F. Lamarque, D. Lee,
B. Mendoza, T. Nakajima, A. Robock, G.
Stephens, T. Takemura and H. Zhang,
2013: Anthropogenic and Natural
Radiative Forcing. In: Climate Change
2013: The Physical Science Basis.
Contribution of Working Group I to the
Fifth Assessment Report of the
Intergovernmental Panel on Climate
Change [Stocker, T.F., D. Qin, G.-K.
Plattner, M. Tignor, S.K. Allen, J.
Boschung, A. Nauels, Y. Xia, V. Bex and
P.M. Midgley (eds.)]. Cambridge
University Press, Cambridge, United
Kingdom and New York, NY, USA.
Available online at: https://www.ipcc.ch/
report/ar5/wg1/.
National Fire Protection Agency (NFPA).
2018. NFPA 10: Standard for Portable
E:\FR\FM\28APR2.SGM
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Fire Extinguishers. Available online at:
https://www.nfpa.org/.
National Fire Protection Agency (NFPA).
2018. NFPA 2001: Standard on Clean
Agent Fire Extinguishing Systems.
Available online at: https://
www.nfpa.org/.
National Fire Protection Agency (NFPA).
2018. NFPA 2010. Standard for Fixed
Aerosol Fire Extinguishing Systems.
Available online at: https://
www.nfpa.org/.
Nielsen et al., 2007. Nielsen, O.J., Javadi,
M.S., Sulbaek Andersen, M.P., Hurley,
M.D., Wallington, T.J., Singh, R. (2007).
Atmospheric chemistry of CF3CF=CH2:
Kinetics and mechanisms of gas-phase
reactions with Cl atoms, OH radicals,
and O3. Chemical Physics Letters 439,
18–22. Available online at https://
www.lexissecuritiesmosaic.com/
gateway/FedReg/network_OJN_174_
CF3CF=CH2.pdf.
Orkin, V.L. 2004. Photochemical Properties
of 2-bromo-3,3,3-trfluoropropene and
semi-empirical kinetic estimates of its
Global Impacts on the Atmosphere.
Prepared by the National Institute of
Standards and Technology Physical and
Chemical Properties Division for
American Pacific Corporation. July 2004.
Patten, et al., 2011. Patten, K.O., V.G.
Khamaganov, V.L. Orkin, S.L.
Baughcum, and D.J. Wuebbles (2011),
OH reaction rate constant, IR absorption
spectrum, ozone depletion potentials
and global warming potentials of 2bromo-3,3,3-trifluoropropene, J.
Geophys. Res., 116, D24307,
doi:10.1029/2011JD016518.
Patten, et al., 2012. Patten, K.O., V.G.
Khamaganov, V.L. Orkin, S.L.
Baughcum, and D.J. Wuebbles (2012),
Correction to ‘‘OH reaction rate constant,
IR absorption spectrum, ozone depletion
potentials and global warming potentials
of 2-bromo-3,3,3-trifluoropropene,’’ J.
Geophys. Res., 117, D22301,
doi:10.1029/2012JD019051.
UL 2129, 2017. UL Standard 2129—
Halocarbon Clean Agent Fire
Extinguishers. Edition 3. January 5, 2017.
UL 60335–2–40, 2019. Household And
Similar Electrical Appliances—Safety—
Part 2–40: Particular Requirements for
Electrical Heat Pumps, Air-Conditioners
and Dehumidifiers. Third Edition.
November 1, 2019.
UL Standard 61010–2–011, 2021. Safety
Requirements for Electrical Equipment
for Measurement, Control, and
Laboratory Use—Part 011: Particular
Requirements for Refrigerating
Equipment. Second edition. May 13,
2021.
Wickham, 2002. Status of Industry Efforts to
Replace Halon Fire Extinguishing
Agents. March 2002. Available online at:
https://www.epa.gov/snap/statusindustry-efforts-replace-halon-fireextinguishing-agents.
World Meteorological Organization (WMO),
2018. Burkholder et al. Appendix A,
Table A–1 in Scientific Assessment of
Ozone Depletion: 2018, Global Ozone
Research and Monitoring Project, Report
No. 58, WMO, Geneva, Switzerland,
https://ozone.unep.org/science/
assessment/sap.
World Meteorological Organization (WMO),
2022. Executive Summary. Scientific
Assessment of Ozone Depletion: 2022,
GAW Report No. 278, 56 pp.; WMO:
Geneva, 2022. Available online at
https://ozone.unep.org/system/files/
documents/Scientific-Assessment-ofOzone-Depletion-2022-ExecutiveSummary.pdf
Zihan Zhai et al., 2015. Zihan Zhai, Jing Wu,
Xia Hu, Li Li, Junyu Guo, Boya Zhang,
Jianxin Hu, and Jianbo Zhang. ‘‘A 17-fold
increase of trifluoroacetic acid in
landscape waters of Beijing, China
during the last decade,’’ Chemosphere.
2015 Jun; 129:110–7. doi: 10.1016/
j.chemosphere.2014.09.033. Abstract
available online at: https://
pubmed.ncbi.nlm.nih.gov/25262947/
List of Subjects in 40 CFR Part 82
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Stratospheric ozone layer.
Michael S. Regan,
Administrator.
For the reasons set forth in the
preamble, EPA amends 40 CFR part 82
as follows:
PART 82—PROTECTION OF
STRATOSPHERIC OZONE
1. The authority citation for part 82
continues to read as follows:
■
Authority: 42 U.S.C. 7414, 7601, 7671–
7671q.
Subpart G—Significant New
Alternatives Policy Program
2. Amend appendix R to subpart G of
part 82 by:
■ a. Revising the heading;
■ b. Revising the table entitled
‘‘Substitutes That Are Acceptable
Subject to Use Conditions’’ and
amending the ‘‘Note’’ immediately
following the table by removing the last
two undesignated paragraphs.
The revisions read as follows:
■
Appendix R to Subpart G of Part 82—
Substitutes Subject to Use Restrictions
Listed in the December 20, 2011, Final
Rule, Effective February 21, 2012, and
in the April 10, 2015 Final Rule,
Effective May 11, 2015, and in the April
28, 2023 Final Rule, Effective May 30,
2023
SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS
End-use
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1. Household refrigerators,
freezers, and combination refrigerators and
freezers (New equipment only).
VerDate Sep<11>2014
Substitute
Isobutane
(R–600a)
Propane
(R–290)
R–441A.
20:17 Apr 27, 2023
Decision
Use conditions
Further information
Acceptable
subject to
use conditions.
As of September 7, 2018: These refrigerants may
be used only in new equipment designed specifically and clearly identified for the refrigerant (i.e.,
none of these substitutes may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for a different refrigerant).
These refrigerants may be used only in a refrigerator or freezer, or combination refrigerator and
freezer, that meets all requirements listed in UL
60335–2–24.1 2 6
Applicable OSHA requirements at 29 CFR part
1910 must be followed, including those at 29
CFR 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances).
Proper ventilation should be maintained at all times
during the manufacture and storage of equipment
containing hydrocarbon refrigerants through adherence to good manufacturing practices as per
29 CFR 1910.106. If refrigerant levels in the air
surrounding the equipment rise above one-fourth
of the lower flammability limit, the space should
be evacuated and re-entry should occur only
after the space has been properly ventilated.
Jkt 259001
PO 00000
Frm 00038
Fmt 4701
Sfmt 4700
E:\FR\FM\28APR2.SGM
28APR2
Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Rules and Regulations
26419
SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued
ddrumheller on DSK120RN23PROD with RULES2
End-use
Substitute
Decision
2. Retail food refrigerators
and freezers (standalone units only) (New
equipment only).
Isobutane
(R–600a)
Propane
(R–290)
R–441A.
Acceptable
subject to
use conditions.
3. Very low temperature
refrigeration Non-mechanical heat transfer
(New equipment only).
Ethane (R–
170).
Acceptable
subject to
use conditions.
VerDate Sep<11>2014
20:17 Apr 27, 2023
Jkt 259001
PO 00000
Use conditions
Further information
As provided in clauses SB6.1.2 to SB6.1.5 of UL
471,1 2 3 the following markings must be attached
at the locations provided and must be permanent:
(a) On or near any evaporators that can be
contacted by the consumer: ‘‘DANGER—
Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices
To Defrost Refrigerator. Do Not Puncture
Refrigerant Tubing.’’
(b) Near the machine compartment: ‘‘DANGER—Risk of Fire or Explosion. Flammable
Refrigerant Used. To Be Repaired Only By
Trained Service Personnel. Do Not Puncture
Refrigerant Tubing.’’
(c) Near the machine compartment: ‘‘CAUTION—Risk of Fire or Explosion. Flammable
Refrigerant Used. Consult Repair Manual/
Owner’s Guide Before Attempting To Service
This Product. All Safety Precautions Must be
Followed.’’
(d) On the exterior of the refrigerator: ‘‘CAUTION—Risk of Fire or Explosion. Dispose of
Properly In Accordance With Federal Or
Local Regulations. Flammable Refrigerant
Used.’’
(e) Near any and all exposed refrigerant tubing: ‘‘CAUTION—Risk of Fire or Explosion
Due To Puncture Of Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable Refrigerant Used.’’
All of these markings must be in letters no less
than 6.4 mm (1⁄4 inch) high.
The refrigerator or freezer must have red,
Pantone® Matching System (PMS) #185 marked
pipes, hoses, and other devices through which
the refrigerant is serviced, typically known as the
service port, to indicate the use of a flammable
refrigerant. This color must be present at all service ports and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g.,
process tubes). The color mark must extend at
least 2.5 centimeters (1 inch) from the compressor and must be replaced if removed.
This refrigerant may be used only in new equipment specifically designed and clearly identified
for the refrigerant (i.e., the substitute may not be
used as a conversion or ‘‘retrofit’’ refrigerant for
existing equipment designed for other refrigerants).
This refrigerant may only be used in equipment that
meets all requirements in Supplement SB to UL
471.1 2 3 In cases where listing 3 of this table includes requirements more stringent than those of
UL 471, the appliance must meet the requirements of listing 3 of this table in place of the requirements in UL 471.
The charge size for the equipment must not exceed
150 g (5.29 oz) in each circuit.
As provided in clauses SB6.1.2 to SB6.1.5 of UL
471,1 2 3 the following markings must be attached
at the locations provided and must be permanent:
(a) On or near any evaporators that can be
contacted by the consumer: ‘‘DANGER—
Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices
To Defrost Refrigerator. Do Not Puncture
Refrigerant Tubing.’’
Frm 00039
Fmt 4701
Sfmt 4700
Technicians and equipment manufacturers should
wear appropriate personal protective equipment,
including chemical goggles and protective gloves,
when handling these refrigerants. Special care
should be taken to avoid contact with the skin
since these refrigerants, like many refrigerants,
can cause freeze burns on the skin.
A Class B dry powder type fire extinguisher should
be kept nearby.
Technicians should only use spark-proof tools
when working on refrigerators and freezers with
these refrigerants.
Any recovery equipment used should be designed
for flammable refrigerants. Any refrigerant releases should be in a well-ventilated area, such
as outside of a building.
Only technicians specifically trained in handling
flammable refrigerants should service refrigerators and freezers containing these refrigerants. Technicians should gain an understanding of minimizing the risk of fire and the
steps to use flammable refrigerants safely.
Room occupants should evacuate the space immediately following the accidental release of this refrigerant.
If a service port is added then retail food refrigerators and freezers using these refrigerants
should have service aperture fittings that differ
from fittings used in equipment or containers
using non-flammable refrigerant. ‘‘Differ’’ means
that either the diameter differs by at least 1⁄16
inch or the thread direction is reversed (i.e., righthanded vs. left-handed). These different fittings
should be permanently affixed to the unit at the
point of service and maintained until the end-oflife of the unit, and should not be accessed with
an adaptor.
Applicable OSHA requirements at 29 CFR part
1910 must be followed, including those at 29
CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases),
1910.157 (portable fire extinguishers), and
1910.1000 (toxic and hazardous substances).
Proper ventilation should be maintained at all times
during the manufacture and storage of equipment
containing hydrocarbon refrigerants through adherence to good manufacturing practices as per
29 CFR 1910.106. If refrigerant levels in the air
surrounding the equipment rise above one-fourth
of the lower flammability limit, the space should
be evacuated and re-entry should occur only
after the space has been properly ventilated.
Technicians and equipment manufacturers should
wear appropriate personal protective equipment,
including chemical goggles and protective gloves,
when handling ethane. Special care should be
taken to avoid contact with the skin since ethane,
like many refrigerants, can cause freeze burns
on the skin.
A Class B dry powder type fire extinguisher should
be kept nearby.
E:\FR\FM\28APR2.SGM
28APR2
26420
Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Rules and Regulations
SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued
End-use
ddrumheller on DSK120RN23PROD with RULES2
4. Vending Machines (New
equipment only).
VerDate Sep<11>2014
Substitute
Isobutane
(R–600a)
Propane
(R–290)
R–441A.
20:17 Apr 27, 2023
Decision
Acceptable
subject to
use conditions.
Jkt 259001
PO 00000
Use conditions
Further information
(b) Near the machine compartment: ‘‘DANGER—Risk of Fire or Explosion. Flammable
Refrigerant Used. To Be Repaired Only By
Trained Service Personnel. Do Not Puncture
Refrigerant Tubing.’’
(c) Near the machine compartment: ‘‘CAUTION—Risk of Fire or Explosion. Flammable
Refrigerant Used. Consult Repair Manual/
Owner’s Guide Before Attempting To Service
This Product. All Safety Precautions Must be
Followed.’’
(d) On the exterior of the refrigerator: ‘‘CAUTION—Risk of Fire or Explosion. Dispose of
Properly In Accordance With Federal Or
Local Regulations. Flammable Refrigerant
Used.’’
(e) Near any and all exposed refrigerant tubing: ‘‘CAUTION—Risk of Fire or Explosion
Due To Puncture Of Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable Refrigerant Used.’’
All of these markings must be in letters no less
than 6.4 mm (1⁄4 inch) high.
The refrigeration equipment must have red,
Pantone® Matching System (PMS) #185 marked
pipes, hoses, and other devices through which
the refrigerant is serviced, typically known as the
service port, to indicate the use of a flammable
refrigerant. This color must be present at all service ports and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g.,
process tubes). The color mark must extend at
least 2.5 centimeters (1 inch) from the compressor and must be replaced if removed.
These refrigerants may be used only in new equipment specifically designed and clearly identified
for the refrigerants (i.e., none of these substitutes
may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other
refrigerants). Detaching and replacing the old refrigeration circuit from the outer casing of the
equipment with a new one containing a new
evaporator, condenser, and refrigerant tubing
within the old casing is considered ‘‘new’’ equipment and not a retrofit of the old, existing equipment.
These substitutes may only be used in equipment
that meets all requirements in Supplement SA to
UL 541.1 2 5 In cases where listing 4 of this table
includes requirements more stringent than those
of UL 541, the appliance must meet the requirements of listing 4 of this table in place of the requirements in UL 541 The charge size for vending machines must not exceed 150 g (5.29 oz) in
each circuit.
As provided in clauses SA6.1.2 to SA6.1.5 of UL
541,1 2 5 the following markings must be attached
at the locations provided and must be permanent:
(a) On or near any evaporators that can be
contacted by the consumer: ‘‘DANGER—
Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices
To Defrost Refrigerator. Do Not Puncture
Refrigerant Tubing.’’
(b) Near the machine compartment: ‘‘DANGER—Risk of Fire or Explosion. Flammable
Refrigerant Used. To Be Repaired Only By
Trained Service Personnel. Do Not Puncture
Refrigerant Tubing.’’
(c) Near the machine compartment: ‘‘CAUTION—Risk of Fire or Explosion. Flammable
Refrigerant Used. Consult Repair Manual/
Owner’s Guide Before Attempting To Service
This Product. All Safety Precautions Must be
Followed.’’
(d) On the exterior of the refrigerator: ‘‘CAUTION—Risk of Fire or Explosion. Dispose of
Properly In Accordance With Federal Or
Local Regulations. Flammable Refrigerant
Used.’’
(e) Near any and all exposed refrigerant tubing: ‘‘CAUTION—Risk of Fire or Explosion
Due To Puncture Of Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable Refrigerant Used.’’ All of these markings must be in letters no less than 6.4 mm
(1⁄4 inch) high.
Technicians should only use spark-proof tools
when working on equipment with flammable refrigerants.
Any recovery equipment used should be designed
for flammable refrigerants.
Any refrigerant releases should be in a well-ventilated area, such as outside of a building.
Only technicians specifically trained in handling
flammable refrigerants should service equipment
containing ethane. Technicians should gain an
understanding of minimizing the risk of fire and
the steps to use flammable refrigerants safely.
Room occupants should evacuate the space immediately following the accidental release of this refrigerant.
If a service port is added then refrigeration equipment using this refrigerant should have service
aperture fittings that differ from fittings used in
equipment or containers using non-flammable refrigerant. ‘‘Differ’’ means that either the diameter
differs by at least 1⁄16 inch or the thread direction
is reversed (i.e., right-handed vs. left-handed).
These different fittings should be permanently affixed to the unit at the point of service and maintained until the end-of-life of the unit, and should
not be accessed with an adaptor.
Example of non-mechanical heat transfer using this
refrigerant would be use in a secondary loop of a
thermosiphon.
Frm 00040
Fmt 4701
Sfmt 4700
Applicable OSHA requirements at 29 CFR part
1910 must be followed, including those at 29
CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases),
1910.157 (portable fire extinguishers), and
1910.1000 (toxic and hazardous substances).
Proper ventilation should be maintained at all times
during the manufacture and storage of equipment
containing hydrocarbon refrigerants through adherence to good manufacturing practices as per
29 CFR 1910.106. If refrigerant levels in the air
surrounding the equipment rise above one-fourth
of the lower flammability limit, the space should
be evacuated and re-entry should occur only
after the space has been properly ventilated.
Technicians and equipment manufacturers should
wear appropriate personal protective equipment,
including chemical goggles and protective gloves,
when handling these refrigerants. Special care
should be taken to avoid contact with the skin
since these refrigerants, like many refrigerants,
can cause freeze burns on the skin.
A Class B dry powder type fire extinguisher should
be kept nearby.
Technicians should only use spark-proof tools
when working on refrigeration equipment with
flammable refrigerants.
Any recovery equipment used should be designed
for flammable refrigerants.
Any refrigerant releases should be in a well-ventilated area, such as outside of a building.
Only technicians specifically trained in handling
flammable refrigerants should service refrigeration equipment containing these refrigerants.
Technicians should gain an understanding of
minimizing the risk of fire and the steps to use
flammable refrigerants safely.
Room occupants should evacuate the space immediately following the accidental release of this refrigerant.
If a service port is added then refrigeration equipment using this refrigerant should have service
aperture fittings that differ from fittings used in
equipment or containers using non-flammable refrigerant. ‘‘Differ’’ means that either the diameter
differs by at least 1⁄16 inch or the thread direction
is reversed (i.e., right-handed vs. left-handed).
These different fittings should be permanently affixed to the unit at the point of service and maintained until the end-of-life of the unit, and should
not be accessed with an adaptor.
E:\FR\FM\28APR2.SGM
28APR2
Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Rules and Regulations
26421
SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued
End-use
ddrumheller on DSK120RN23PROD with RULES2
5. Residential and lightcommercial air conditioning and heat
pumps—self-contained
room air conditioners
only (New equipment
only).
VerDate Sep<11>2014
Substitute
Propane (R–
290) R–
441A.
20:17 Apr 27, 2023
Decision
Acceptable
subject to
use conditions.
Jkt 259001
PO 00000
Use conditions
Further information
The refrigeration equipment must have red,
Pantone® Matching System (PMS) #185 marked
pipes, hoses, and other devices through which
the refrigerant is serviced, typically known as the
service port, to indicate the use of a flammable
refrigerant. This color must be present at all service ports and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g.,
process tubes). The color mark must extend at
least 2.5 centimeters (1 inch) from the compressor and must be replaced if removed.
These refrigerants may be used only in new equipment specifically designed and clearly identified
for the refrigerants (i.e., none of these substitutes
may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other
refrigerants).
These refrigerants may only be used in equipment
that meets all requirements in Supplement SA
and Appendices B through F of UL 484.1 2 4 In
cases where listing 5 includes requirements more
stringent than those of UL 484, the appliance
must meet the requirements of listing 5 of this
table in place of the requirements in UL 484.
The charge size for the entire air conditioner must
not exceed the maximum refrigerant mass determined according to Appendix F of UL 484 for the
room size where the air conditioner is used. The
charge size for these three refrigerants must in
no case exceed 1,000 g (35.3 oz or 2.21 lbs) of
propane or 1,000 g (35.3 oz or 2.21 lb) of R–
441A. For portable air conditioners, the charge
size must in no case exceed 300 g (10.6 oz or
0.66 lbs) of propane or 330 g (11.6 oz or 0.72 lb)
of R–441A. The manufacturer must design a
charge size for the entire air conditioner that
does not exceed the amount specified for the
unit’s cooling capacity, as specified in table A, B,
C, D, or E of this appendix R.
As provided in clauses SA6.1.2 to SA6.1.5 of UL
484,1 2 4 the following markings must be attached
at the locations provided and must be permanent:
(a) On the outside of the air conditioner:
‘‘DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. To Be Repaired
Only By Trained Service Personnel. Do Not
Puncture Refrigerant Tubing.’’
(b) On the outside of the air conditioner:
‘‘CAUTION—Risk of Fire or Explosion. Dispose of Properly In Accordance With Federal
Or Local Regulations. Flammable Refrigerant Used.’’
(c) On the inside of the air conditioner near the
compressor: ‘‘CAUTION—Risk of Fire or Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before
Attempting To Service This Product. All
Safety Precautions Must be Followed.’’
(d) On the outside of each portable air conditioner: ‘‘WARNING: Appliance shall be installed, operated and stored in a room with a
floor area larger the ‘‘X’’ m2 (Y ft2).’’ The
value ‘‘X’’ on the label must be determined
using the minimum room size in m2 calculated using Appendix F of UL 484. For R–
441A, use a lower flammability limit of 0.041
kg/m3 in calculations in Appendix F of UL
484.
All of these markings must be in letters no less
than 6.4 mm (1⁄4 inch) high.
The air conditioning equipment must have red,
Pantone® Matching System (PMS) #185 marked
pipes, hoses, and other devices through which
the refrigerant is serviced, typically known as the
service port, to indicate the use of a flammable
refrigerant. This color must be present at all service ports and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g.,
process tubes). The color mark must extend at
least 2.5 centimeters (1 inch) from the compressor and must be replaced if removed.
Frm 00041
Fmt 4701
Sfmt 4700
Applicable OSHA requirements at 29 CFR part
1910 must be followed, including those at 29
CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases),
1910.157 (portable fire extinguishers), and
1910.1000 (toxic and hazardous substances).
Proper ventilation should be maintained at all times
during the manufacture and storage of equipment
containing hydrocarbon refrigerants through adherence to good manufacturing practices as per
29 CFR 1910.106. If refrigerant levels in the air
surrounding the equipment rise above one-fourth
of the lower flammability limit, the space should
be evacuated and re-entry should occur only
after the space has been properly ventilated.
Technicians and equipment manufacturers should
wear appropriate personal protective equipment,
including chemical goggles and protective gloves,
when handling these refrigerants. Special care
should be taken to avoid contact with the skin
since these refrigerants, like many refrigerants,
can cause freeze burns on the skin.
A Class B dry powder type fire extinguisher should
be kept nearby.
Technicians should only use spark-proof tools
when working on air conditioning equipment with
flammable refrigerants.
Any recovery equipment used should be designed
for flammable refrigerants.
Any refrigerant releases should be in a well-ventilated area, such as outside of a building.
Only technicians specifically trained in handling
flammable refrigerants should service refrigeration equipment containing these refrigerants.
Technicians should gain an understanding of
minimizing the risk of fire and the steps to use
flammable refrigerants safely.
Room occupants should evacuate the space immediately following the accidental release of this refrigerant.
If a service port is added then air conditioning
equipment using this refrigerant should have
service aperture fittings that differ from fittings
used in equipment or containers using non-flammable refrigerant. ‘‘Differ’’ means that either the
diameter differs by at least 1⁄16 inch or the thread
direction is reversed (i.e., right-handed vs. lefthanded). These different fittings should be permanently affixed to the unit at the point of service
and maintained until the end-of-life of the unit,
and should not be accessed with an adaptor.
Air conditioning equipment in this category includes:
Window air conditioning units.
Portable room air conditioners.
Packaged terminal air conditioners and heat
pumps.
E:\FR\FM\28APR2.SGM
28APR2
26422
Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES2
SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued
End-use
Substitute
Decision
Use conditions
Further information
6. Residential and lightcommercial air conditioning and heat
pumps—self-contained
room air conditioners
only (New equipment
only) manufactured from
May 10, 2015 and up to
but not including May
30, 2023.
HFC–32 ......
Acceptable
subject to
use conditions.
Applicable OSHA requirements at 29 CFR part
1910 must be followed, including those at 29
CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases),
1910.157 (portable fire extinguishers), and
1910.1000 (toxic and hazardous substances).
Proper ventilation should be maintained at all times
during the manufacture and storage of equipment
containing hydrocarbon refrigerants through adherence to good manufacturing practices as per
29 CFR 1910.106. If refrigerant levels in the air
surrounding the equipment rise above one-fourth
of the lower flammability limit, the space should
be evacuated and re-entry should occur only
after the space has been properly ventilated.
Technicians and equipment manufacturers should
wear appropriate personal protective equipment,
including chemical goggles and protective gloves,
when handling these refrigerants. Special care
should be taken to avoid contact with the skin
since these refrigerants, like many refrigerants,
can cause freeze burns on the skin.
A Class B dry powder type fire extinguisher should
be kept nearby.
Technicians should only use spark-proof tools
when working on air conditioning equipment with
flammable refrigerants.
Any recovery equipment used should be designed
for flammable refrigerants.
Any refrigerant releases should be in a well-ventilated area, such as outside of a building.
Only technicians specifically trained in handling
flammable refrigerants should service refrigeration equipment containing these refrigerants.
Technicians should gain an understanding of
minimizing the risk of fire and the steps to use
flammable refrigerants safely.
Room occupants should evacuate the space immediately following the accidental release of this refrigerant.
If a service port is added then air conditioning
equipment using this refrigerant should have
service aperture fittings that differ from fittings
used in equipment or containers using non-flammable refrigerant. ‘‘Differ’’ means that either the
diameter differs by at least 1⁄16 inch or the thread
direction is reversed (i.e., right-handed vs. lefthanded). These different fittings should be permanently affixed to the unit at the point of service
and maintained until the end-of-life of the unit,
and should not be accessed with an adaptor.
Air conditioning equipment in this category includes:
Window air conditioning units.
Portable room air conditioners.
Packaged terminal air conditioners and heat
pumps.
7. Residential and lightcommercial air conditioning and heat
pumps—self-contained
room air conditioners
only (New equipment
only) manufactured from
May 30, 2023 through
January 1, 2024.
8. Residential and lightcommercial air conditioning and heat
pumps—self-contained
room air conditioners
only (New equipment
only) manufactured on
or after January 2, 2024.
HFC–32 ......
Acceptable
subject to
use conditions.
This refrigerant may be used only in new equipment specifically designed and clearly identified
for the refrigerant (i.e., this substitute may not be
used as a conversion or ‘‘retrofit’’ refrigerant for
existing equipment designed for other refrigerants).
This refrigerant may only be used in equipment that
meets all requirements in Supplement SA and
Appendices B through F of UL 484.1 2 4 In cases
where this listing 6 of this table includes requirements more stringent than those of UL 484, the
appliance must meet the requirements of listing 6
of this table in place of the requirements in UL
484.
The charge size for the entire air conditioner must
not exceed the maximum refrigerant mass determined according to Appendix F of UL 484 for the
room size where the air conditioner is used. The
manufacturer must design a charge size for the
entire air conditioner that does not exceed the
amount specified for the unit’s cooling capacity,
as specified in table A, B, C, D, or E of this appendix.
For equipment following this listing 6, and as provided in clauses SA6.1.2 to SA6.1.5 of UL
484,1 2 4 the following markings must be attached
at the locations provided and must be permanent:
(a) On the outside of the air conditioner:
‘‘DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. To Be Repaired
Only By Trained Service Personnel. Do Not
Puncture Refrigerant Tubing.’’
(b) On the outside of the air conditioner:
‘‘CAUTION—Risk of Fire or Explosion. Dispose of Properly In Accordance With Federal
Or Local Regulations. Flammable Refrigerant Used.’’
(c) On the inside of the air conditioner near the
compressor: ‘‘CAUTION—Risk of Fire or Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before
Attempting To Service This Product. All
Safety Precautions Must be Followed.’’
(d) On the outside of each portable air conditioner: ‘‘WARNING: Appliance shall be installed, operated and stored in a room with a
floor area larger the ‘‘X’’ m2 (Y ft2).’’ The
value ‘‘X’’ on the label must be determined
using the minimum room size in m2 calculated using Appendix F of UL 484.
All of these markings must be in letters no less
than 6.4 mm (1⁄4 inch) high.
The air conditioning equipment must have red,
Pantone® Matching System (PMS) #185 marked
pipes, hoses, and other devices through which
the refrigerant is serviced, typically known as the
service port, to indicate the use of a flammable
refrigerant. This color must be present at all service ports and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g.,
process tubes). The color mark must extend at
least 2.5 centimeters (1 inch) from the compressor and must be replaced if removed.
This refrigerant may only be used in equipment that
meets all requirements in either:
(1) Supplement SA and Appendices B through
F of UL 484 1 2 4 and listing 6 of this table, or
(2) UL 60335–2–40 1 2 7 and listing 8 of this
table.
HFC–32 ......
Acceptable
Subject to
Use Conditions.
This refrigerant may be used only in new equipment specifically designed and clearly identified
for the refrigerant (i.e., this substitute may not be
used as a conversion or ‘‘retrofit’’ refrigerant for
existing equipment designed for other refrigerants).
This substitute may only be used in air conditioning
equipment that meets all requirements in UL
60335–2–40 1 2 7 and this listing 8 of this table.
In cases where this listing 8 includes requirements
more stringent than those of UL 60335–2–40, the
appliance must meet the requirements of this listing 8 in place of the requirements in UL 60335–
2–40.
The following markings must be attached at the locations provided and must be permanent:
Applicable OSHA requirements at 29 CFR part
1910 must be followed, including those at 29
CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases),
and 1910.1000 (toxic and hazardous substances).
Proper ventilation should be maintained at all times
during the manufacture and storage of equipment
containing flammable refrigerants through adherence to good manufacturing practices as per 29
CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of
the lower flammability limit, the space should be
evacuated, and reentry should occur only after
the space has been properly ventilated.
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Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Rules and Regulations
26423
SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued
ddrumheller on DSK120RN23PROD with RULES2
End-use
Substitute
Decision
Use conditions
Further information
(a) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Flammable Refrigerant
Used. To Be Repaired Only By Trained
Service Personnel. Do Not Puncture Refrigerant Tubing.’’
(b) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Dispose of Properly In
Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’
(c) On the inside of the equipment near the
compressor: ‘‘WARNING—Risk of Fire.
Flammable Refrigerant Used. Consult Repair
Manual/Owner’s Guide Before Attempting to
Service This Product. All Safety Precautions
Must be Followed.’’
(d) For any equipment pre-charged at the factory, on the equipment packaging or on the
outside of the equipment: ‘‘WARNING—Risk
of Fire due to Flammable Refrigerant Used.
Follow Handling Instructions Carefully in
Compliance with National Regulations.’’
a. If the equipment is delivered packaged,
this label shall be applied on the packaging.
b. If the equipment is not delivered packaged, this label shall be applied on the
outside of the equipment near the control panel or nameplate.
(e) On the equipment near the nameplate:
a. At the top of the marking: ‘‘Minimum Installation height, X m (W ft).’’ This marking is only required if required by the UL
60335–2–40. The terms ‘‘X’’ and ‘‘W’’
shall be replaced by the numeric height
as calculated per UL 60335–2–40. Note
that the formatting here is slightly different than UL 60335–2–40; specifically,
the height in Inch-Pound units is placed
in parentheses and the word ‘‘and’’ has
been replaced by the opening parenthesis.
b. Immediately below marking (a) of this
listing 8 or at the top of the marking if
marking (a) is not required: ‘‘Minimum
room area (operating or storage), Y m2
(Z ft2).’’ The terms ‘‘Y’’ and ‘‘Z’’ shall be
replaced by the numeric area as calculated per UL 60335–2–40. Note that
the formatting here is slightly different
than UL 60335–2–40; specifically, the
area in Inch-Pound units is placed in parentheses and the word ‘‘and’’ has been
replaced by the opening parenthesis.
(f) For non-fixed equipment, on the outside of
the product: ‘‘WARNING—Risk of Fire or Explosion—Store in a well-ventilated room
without continuously operating flames or
other potential ignition.’’
(g) All of these markings must be in letters no
less than 6.4 mm (1⁄4 inch) high.
The equipment must have red Pantone® Matching
System (PMS) #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through
which the refrigerant passes, to indicate the use
of a flammable refrigerant. This color must be
applied at all service ports and other parts of the
system where service puncturing or other actions
creating an opening from the refrigerant circuit to
the atmosphere might be expected and must extend a minimum of one (1) inch (25 mm) in both
directions from such locations and shall be replaced if removed.
Technicians and equipment manufacturers should
wear appropriate personal protective equipment,
including chemical goggles and protective gloves,
when handling flammable refrigerants. Special
care should be taken to avoid contact with the
skin which, like many refrigerants, can cause
freeze burns on the skin.
A class B dry powder type fire extinguisher should
be kept nearby.
Technicians should only use spark-proof tools
when working on air conditioning equipment with
flammable refrigerants.
Any recovery equipment used should be designed
for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants
should service refrigeration equipment containing
this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the
steps to use flammable refrigerants safely.
Room occupants should evacuate the space immediately following the accidental release of this refrigerant.
Personnel commissioning, maintaining, repairing,
decommissioning and disposing of appliances
with this refrigerant should obtain training and follow practices consistent with Annex HH of UL
60335–2–40.2 7
CAA section 608(c)(2) prohibits knowingly venting
or otherwise knowingly releasing or disposing of
substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration.
Department of Transportation requirements for
transport of flammable gases must be followed.
Flammable refrigerants being recovered or otherwise disposed of from residential and light commercial air conditioning appliances are likely to
be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40
CFR parts 260 through 270).
1 The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR part 51). You may inspect a copy at the U.S. EPA or at
the National Archives and Records Administration (NARA). Contact the U.S. EPA at: EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004, www.epa.gov/dockets, (202) 202–1744. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov.
2 You may obtain the material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue; Bensenville, IL 60106; email: orders@comm-2000.com;
phone: 1–888–853–3503 in the U.S. or Canada (other countries +1–415–352–2168); website: https://ulstandards.ul.com/ or www.comm-2000.com.
3 UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant
in the Refrigerating System. November 24, 2010.
4 UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a Flammable Refrigerant in the Refrigerating
System and Appendices B through F. December 21, 2007, with changes through August 3, 2012.
5 UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders Employing a Flammable Refrigerant in the Refrigerating System. December 30, 2011.
6 UL 60335–2–24. Standard for Safety: Requirements for Household and Similar Electrical Appliances—Safety—Part 2–24: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers, Second edition, dated April 28, 2017.
7 UL 60335–2–40, Standard for Safety: Household And Similar Electrical Appliances—Safety—Part 2–40: Particular Requirements for Electrical Heat Pumps, AirConditioners and Dehumidifiers, 3rd edition, Dated November 1, 2019.
VerDate Sep<11>2014
20:17 Apr 27, 2023
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26424
*
*
Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Rules and Regulations
*
*
*
3. Add appendix X to subpart G of
part 82 to read as follows:
■
Appendix X to Subpart G of Part 82—
Substitutes Listed in the April 28, 2023
Final Rule—Effective May 30, 2023
REFRIGERANTS—SUBSTITUTES ACCEPTABLE SUBJECT TO NARROWED USE LIMITS
End-use
Substitute
Decision
Narrowed use limits
Further information
1. Very low temperature
refrigeration (new only).
R–1150 .......
Acceptable
Subject to
Use Conditions
and Narrowed Use
Limits.
• Temperature range—R–1150 may only be used
in equipment designed specifically to reach temperatures lower than ¥80 °C (¥112 °F).
• The manufacturers of new very low temperature
equipment need to demonstrate that other alternatives are not technically feasible. They must
document the results of their evaluation that
showed the other alternatives to be not technically feasible and maintain that documentation
in their files. This documentation, which does not
need to be submitted to EPA unless requested to
demonstrate compliance, ‘‘shall include descriptions of substitutes examined and rejected, processes or products in which the substitute is
needed, reason for rejection of other alternatives,
e.g., performance, technical or safety standards,
and the anticipated date other substitutes will be
available and projected time for switching to
other available substitutes.’’ (40 CFR
82.180(b)(3)).
REFRIGERANTS—SUBSTITUTES ACCEPTABLE SUBJECT TO USE CONDITIONS
End-use
1. Centrifugal Chillers for
comfort cooling and Industrial Process Air Conditioning.
ddrumheller on DSK120RN23PROD with RULES2
Positive Displacement
Chillers for comfort cooling and Industrial Process Air Conditioning.
VerDate Sep<11>2014
Substitute
HFC–32,
HFO–
1234yf,
R–452B,
R–454A,
R–454B,
R–454C.
20:17 Apr 27, 2023
Decision
Use conditions
Further information
Acceptable
Subject to
Use Conditions.
These refrigerants may be used only in new equipment specifically designed and clearly identified
for the refrigerant (i.e., none of these substitutes
may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other
refrigerants).
These substitutes may only be used in air conditioning equipment that meets all requirements in
UL 60335–2–40.1 3 5 In cases where this listing 1
includes requirements more stringent than those
of UL 60335–2–40, the appliance must meet the
requirements of this listing 1 in place of the requirements in the UL 60335–2–40.
These refrigerants may be used in chillers if and
only if such chiller meets all requirements listed
in ASHRAE 15–2019.1 2 4 In cases where this
listing 1 includes requirements different than
those of ASHRAE 15–2019, the appliance must
meet the requirements of this listing 1 in place of
the requirements in ASHRAE 15–2019. Where
similar requirements of ASHRAE 15–2019 and
UL 60335–2–40 differ, the more stringent or conservative condition shall apply unless superseded
by this listing 1.
The following markings must be attached at the locations provided and must be permanent:
(a) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Flammable Refrigerant
Used. To Be Repaired Only By Trained
Service Personnel, Do Not Puncture Refrigerant Tubing.’’
(b) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Dispose of Properly In
Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’
Applicable OSHA requirements at 29 CFR part
1910 must be followed, including those at 29
CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases),
and 1910.1000 (toxic and hazardous substances).
Proper ventilation should be maintained at all times
during the manufacture and storage of equipment
containing flammable refrigerants through adherence to good manufacturing practices as per 29
CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of
the lower flammability limit, the space should be
evacuated, and reentry should occur only after
the space has been properly ventilated.
Technicians and equipment manufacturers should
wear appropriate personal protective equipment,
including chemical goggles and protective gloves,
when handling flammable refrigerants. Special
care should be taken to avoid contact with the
skin which, like many refrigerants, can cause
freeze burns on the skin.
A class B dry powder type fire extinguisher should
be kept nearby.
Technicians should only use spark-proof tools
when working on air conditioning equipment with
flammable refrigerants.
Any recovery equipment used should be designed
for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants
should service refrigeration equipment containing
this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the
steps to use flammable refrigerants safely.
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26425
REFRIGERANTS—SUBSTITUTES ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued
ddrumheller on DSK120RN23PROD with RULES2
End-use
VerDate Sep<11>2014
Substitute
20:17 Apr 27, 2023
Decision
Jkt 259001
PO 00000
Use conditions
Further information
(c) On the inside of the equipment near the
compressor: ‘‘WARNING—Risk of Fire.
Flammable Refrigerant Used. Consult Repair
Manual/Owner’s Guide Before Attempting to
Service This Product. All Safety Precautions
Must be Followed.’’
(d) For any equipment pre-charged at the factory, on the equipment packaging or on the
outside of the equipment: ‘‘WARNING—Risk
of Fire due to Flammable Refrigerant Used.
Follow Handling Instructions Carefully in
Compliance with National Regulations’’
a. If the equipment is delivered packaged,
this label shall be applied on the packaging.
b. If the equipment is not delivered packaged, this label shall be applied on the
outside of the equipment near the control panel or nameplate.
(e) On the equipment near the nameplate:
a. At the top of the marking: ‘‘Minimum Installation Height, X m (W ft).’’ This
marking is only required if required by
UL 60335–2–40. The terms ‘‘X’’ and
‘‘W’’ shall be replaced by the numeric
height as calculated per UL 60335–2–
40. Note that the formatting here is
slightly different than UL 60335–2–40;
specifically, the height in Inch-Pound
units is placed in parentheses and the
word ‘‘and’’ has been replaced by the
opening parenthesis.
b. Immediately below marking (a) of this
listing 1or at the top of the marking if
marking (a) is not required: ‘‘Minimum
room area (operating or storage), Y m2
(Z ft2).’’ The terms ‘‘Y’’ and ‘‘Z’’ shall be
replaced by the numeric area as calculated per UL 60335–2–40. Note that
the formatting here is slightly different
than UL 60335–2–40; specifically, the
area in Inch-Pound units is placed in parentheses and the word ‘‘and’’ has been
replaced by the opening parenthesis.
(f) For non-fixed equipment, on the outside of
the product: ‘‘WARNING—Risk of Fire or Explosion—Store in a well-ventilated room
without continuously operating flames or
other potential ignition.’’
(g) For fixed equipment that is ducted, near the
nameplate: ‘‘WARNING—Risk of Fire—Auxiliary devices which may be ignition sources
shall not be installed in the ductwork, other
than auxiliary devices listed for use with the
specific appliance. See instructions.’’
(h) All of these markings must be in letters no
less than 6.4 mm (1⁄4 inch) high.
The equipment must have red Pantone® Matching
System (PMS) #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through
which the refrigerant passes, to indicate the use
of a flammable refrigerant. This color must be
applied at all service ports and other parts of the
system where service puncturing or other actions
creating an opening from the refrigerant circuit to
the atmosphere might be expected and must extend a minimum of one (1) inch (25 mm) in both
directions from such locations and shall be replaced if removed.
Room occupants should evacuate the space immediately following the accidental release of this refrigerant.
Personnel commissioning, maintaining, repairing,
decommissioning and disposing of appliances
with this refrigerant should obtain training and follow practices consistent with Annex HH of UL
60335–2–40, 3rd edition.3 5
CAA section 608(c)(2) prohibits knowingly venting
or otherwise knowingly releasing or disposing of
substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration.
Department of Transportation requirements for
transport of flammable gases must be followed.
Flammable refrigerants being recovered or otherwise disposed of from residential and light commercial air conditioning appliances are likely to
be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40
CFR parts 260 through 270).
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26426
Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Rules and Regulations
REFRIGERANTS—SUBSTITUTES ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued
End-use
ddrumheller on DSK120RN23PROD with RULES2
2. Residential Dehumidifiers.
VerDate Sep<11>2014
Substitute
HFO–
1234yf,
HFC–32,
R–452B,
R–454A,
R–454B,
and R–
454C.
20:17 Apr 27, 2023
Decision
Use conditions
Further information
Acceptable
Subject to
Use Conditions.
These refrigerants may be used only in new equipment specifically designed and clearly identified
for the refrigerant (i.e., none of these substitutes
may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other
refrigerants).
These substitutes may only be used in dehumidifier
equipment that meets all requirements in UL
60335–2–40.1 3 5 In cases where this listing 2 includes requirements more stringent than those of
UL 60335–2–40, the appliance must meet the requirements of this listing 2 in place of the requirements in UL 60335–2–40.
The following markings must be attached at the locations provided and must be permanent:
(a) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Flammable Refrigerant
Used. To Be Repaired Only By Trained
Service Personnel. Do Not Puncture Refrigerant Tubing.’’
(b) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Dispose of Properly In
Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’
(c) On the inside of the equipment near the
compressor: ‘‘WARNING—Risk of Fire.
Flammable Refrigerant Used. Consult Repair
Manual/Owner’s Guide Before Attempting to
Service This Product. All Safety Precautions
Must be Followed.’’
(d) For any equipment pre-charged at the factory, on the equipment packaging or on the
outside of the equipment: ‘‘WARNING—Risk
of Fire due to Flammable Refrigerant Used.
Follow Handling Instructions Carefully in
Compliance with National Regulations’’
a. If the equipment is delivered packaged,
this label shall be applied on the packaging.
b. If the equipment is not delivered packaged, this label shall be applied on the
outside of the equipment near the control panel or nameplate.
(e) On the equipment near the nameplate:
a. At the top of the marking: ‘‘Minimum Installation Height, X m (W ft).’’ This
marking is only required if required by
UL 60335–2–40. The terms ‘‘X’’ and
‘‘W’’ shall be replaced by the numeric
height as calculated per UL 60335–2–
40. Note that the formatting here is
slightly different than UL 60335–2–40;
specifically, the height in Inch-Pound
units is placed in parentheses and the
word ‘‘and’’ has been replaced by the
opening parenthesis.
b. Immediately below marking (a) of this
listing 2 or at the top of the marking if
marking (a) is not required: ‘‘Minimum
room area (operating or storage), Y m2
(Z ft2).’’ The terms ‘‘Y’’ and ‘‘Z’’ shall be
replaced by the numeric area as calculated per UL 60335–2–40. Note that
the formatting here is slightly different
than UL 60335–2–40; specifically, the
area in Inch-Pound units is placed in parentheses and the word ‘‘and’’ has been
replaced by the opening parenthesis.
(f) On the outside of the product: ‘‘WARNING—Risk of Fire or Explosion—Store in a
well-ventilated room without continuously operating flames or other potential ignition.’’
(g) All of these markings must be in letters no
less than 6.4 mm (1⁄4 inch) high.
The equipment must have red Pantone® Matching
System (PMS) #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through
which the refrigerant passes, to indicate the use
of a flammable refrigerant. This color must be
applied at all service ports and other parts of the
system where service puncturing or other actions
creating an opening from the refrigerant circuit to
the atmosphere might be expected and must extend a minimum of one (1) inch (25 mm) in both
directions from such locations and shall be replaced if removed.
Applicable OSHA requirements at 29 CFR part
1910 must be followed, including those at 29
CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases),
and 1910.1000 (toxic and hazardous substances).
Proper ventilation should be maintained at all times
during the manufacture and storage of equipment
containing flammable refrigerants through adherence to good manufacturing practices as per 29
CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of
the lower flammability limit, the space should be
evacuated, and reentry should occur only after
the space has been properly ventilated.
Technicians and equipment manufacturers should
wear appropriate personal protective equipment,
including chemical goggles and protective gloves,
when handling flammable refrigerants. Special
care should be taken to avoid contact with the
skin which, like many refrigerants, can cause
freeze burns on the skin.
A class B dry powder type fire extinguisher should
be kept nearby.
Technicians should only use spark-proof tools
when working on air conditioning equipment with
flammable refrigerants.
Any recovery equipment used should be designed
for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants
should service refrigeration equipment containing
this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the
steps to use flammable refrigerants safely.
Room occupants should evacuate the space immediately following the accidental release of this refrigerant.
Personnel commissioning, maintaining, repairing,
decommissioning and disposing of appliances
with this refrigerant should obtain training and follow practices consistent with Annex HH of UL
60335–2–40.3 5
CAA section 608(c)(2) prohibits knowingly venting
or otherwise knowingly releasing or disposing of
substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration.
Department of Transportation requirements for
transport of flammable gases must be followed.
Flammable refrigerants being recovered or otherwise disposed of from residential and light commercial air conditioning appliances are likely to
be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40
CFR parts 260 through 270).
Jkt 259001
PO 00000
Frm 00046
Fmt 4701
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E:\FR\FM\28APR2.SGM
28APR2
Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Rules and Regulations
26427
REFRIGERANTS—SUBSTITUTES ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued
End-use
ddrumheller on DSK120RN23PROD with RULES2
3. Very Low Temperature
Refrigeration.
Substitute
Decision
Use conditions
Further information
R–1150 .......
Acceptable
Subject to
Use Conditions.
R–1150 may be used only in new equipment specifically designed and clearly identified for the refrigerant (i.e., none of these substitutes may be
used as a conversion or ‘‘retrofit’’ refrigerant for
existing equipment designed for other refrigerants).
R–1150 may only be used in laboratory equipment
that meet all requirements in UL 61010–2–
011.1 3 6 In cases where this listing 3 includes requirements more stringent than those of UL
61010–2–011, the appliance must meet the requirements of this listing 3 in place of the requirements in UL 61010–2–011.
Requirements of note include:
(a) Warning labels—The following markings, or
the equivalent, must be provided in letters
no less than 6.4 mm (1⁄4 inch) high and must
be permanent:
(b) Attach near the machine compartment:
‘‘DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. To Be Repaired
Only By Trained Service Personnel. Do Not
Puncture Refrigerant Tubing’’
(c) Attach near the machine compartment:
‘‘CAUTION—Risk of Fire or Explosion. Flammable Refrigerant Used. Consult Repair
Manual/Owner’s Guide Before Attempting To
Service This Product. All Safety Precautions
Must be Followed.’’
(d) Attach on the exterior of the refrigeration
equipment: ‘‘CAUTION—Risk of Fire or Explosion. Dispose of Properly In Accordance
With Federal Or Local Regulations. Flammable Refrigerant Used.’’
(e) Attach near all exposed refrigerant tubing:
‘‘CAUTION—Risk of Fire or Explosion Due
To Puncture Of Refrigerant Tubing; Follow
Handling Instructions Carefully. Flammable
Refrigerant Used.’’
(f) Attach on the exterior of the refrigeration
equipment: ‘‘This equipment is intended for
use in commercial, industrial, or institutional
occupancies as defined in the Safety Standard for Refrigeration Systems, ANSI/
ASHRAE 15.’’
(g) Attach on the exterior of the shipping carton: ‘‘CAUTION—Risk of Fire or Explosion.
Dispose of Properly In Accordance With
Federal Or Local Regulations.’’
(h) The instructions shall include the following
warnings as necessary:
a. ‘‘WARNING: Ensure all ventilation
openings are not obstructed.’’
b. ‘‘WARNING: Do not use mechanical devices or other means to accelerate the
defrosting process, other than those recommended by the manufacturer.’’
c. ‘‘WARNING: Do not damage the refrigerant circuit.’’
Equipment must have distinguishing red (Pantone®
Matching System (PMS) #185 or RAL 3020)
color-coded hoses and piping to indicate use of a
flammable refrigerant. The laboratory equipment
shall have marked service ports, pipes, hoses
and other devices through which the refrigerant
is serviced. Markings shall extend at least 1 inch
(25 mm) from the servicing port and shall be replaced if removed.
Equipment must use no more than 150 g of R–
1150 in each refrigerant circuit using this refrigerant.
Applicable OSHA requirements at 29 CFR part
1910 must be followed, including those at 29
CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases),
and 1910.1000 (toxic and hazardous substances).
Proper ventilation should be maintained at all times
during the manufacture and storage of equipment
containing flammable refrigerants through adherence to good manufacturing practices as per 29
CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of
the lower flammability limit, the space should be
evacuated, and reentry should occur only after
the space has been properly ventilated.
Technicians and equipment manufacturers should
wear appropriate personal protective equipment,
including chemical goggles and protective gloves,
when handling flammable refrigerants. Special
care should be taken to avoid contact with the
skin which, like many refrigerants, can cause
freeze burns on the skin.
A class B dry powder type fire extinguisher should
be kept nearby.
Technicians should only use spark-proof tools
when working on air conditioning equipment with
flammable refrigerants.
Any recovery equipment used should be designed
for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants
should service refrigeration equipment containing
this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the
steps to use flammable refrigerants safely.
Room occupants should evacuate the space immediately following the accidental release of this refrigerant.
Personnel commissioning, maintaining, repairing,
decommissioning and disposing of appliances
with this refrigerant should obtain training and follow practices consistent with Annex HH of UL
60335–2–40.3 5
CAA section 608(c)(2) prohibits knowingly venting
or otherwise knowingly releasing or disposing of
substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration.
Department of Transportation requirements for
transport of flammable gases must be followed.
Flammable refrigerants being recovered or otherwise disposed of from residential and light commercial air conditioning appliances are likely to
be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40
CFR parts 260 through 270).
1 The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR part 51). You may inspect a copy at the U.S. EPA or at
the National Archives and Records Administration (NARA). Contact the U.S. EPA at: EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004, www.epa.gov/dockets, (202) 202–1744. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov.
2 You may obtain this material from: American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 180 Technology Parkway NW, Peachtree Corners, Georgia 30092; phone: 404–636–8400; website: www.ashrae.org.
3 You may obtain this material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue, Bensenville, IL 60106; phone: 415–352–2168; email:
orders@comm-2000.com; website: https://ulstandards.ul.com/ or www.comm-2000.com.
4 ANSI/ASHRAE Standard 15–2019. Safety Standard for Refrigeration Systems, Copyright 2019, including the following addenda to ANSI/ASHRAE Standard 15–
2019, Safety Standard for Refrigeration Systems:
Addendum a, ANSI—approved February 6, 2020.
Addendum b, ANSI—approved February 6, 2020.
Addendum c, ANSI—approved September 1, 2020.
Addendum d, ANSI—approved April 29, 2022.
Addendum e, ANSI—approved January 27, 2022.
Addendum f, ANSI—approved September 30, 2020.
Addendum i, ANSI—approved July 31, 2020.
Addendum j, ANSI—approved October 30, 2020.
Addendum k, ANSI—approved October 30, 2020.
Addendum m, ANSI—approved June 30, 2022.
Addendum n, ANSI—approved May 31, 2022.
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Addendum o, ANSI—approved April 29, 2022.
Addendum q, ANSI—approved May 31, 2022.
Addendum r, ANSI—approved May 31, 2022.
5 UL 60335–2–40, Standard for Safety: Household And Similar Electrical Appliances—Safety—Part 2–40: Particular Requirements for Electrical Heat Pumps, AirConditioners and Dehumidifiers, 3rd edition, Dated November 1, 2019.
6 UL 61010–2–011, Standard for Safety: Safety Requirements for Electrical Equipment for Measurement, Control, and Laboratory Use—Part 011: Particular Requirements for Refrigerating Equipment, 2nd edition, Dated May 13, 2021.
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FIRE SUPPRESSION AND EXPLOSION PROTECTION AGENTS—ACCEPTABLE SUBJECT TO USE CONDITIONS
End-use
Substitute
Decision
1. Total Flooding ...............
2–BTP ........
Acceptable
Subject to
Use Conditions.
Acceptable only for use in normally unoccupied
spaces under 500 ft3.
2. Streaming ......................
2–BTP ........
Acceptable,
Subject to
Use Conditions.
Acceptable only for use in non-residential applications, except for commercial home office and
personal watercraft.
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Further information
This fire suppressant has a relatively low GWP of
0.23–0.26 and a short atmospheric lifetime of approximately seven days.
This agent is subject to a TSCA section 5(a)(2)
SNUR.
For establishments manufacturing, installing and
maintaining equipment using this agent, EPA recommends the following:
• This agent should be used in accordance with
the safety guidelines in the latest edition of NFPA
2001, Standard on Clean Agent Fire Extinguishing Systems; 1
• In the case that 2–BTP is inhaled, person(s)
should be immediately removed and exposed to
fresh air; if breathing is difficult, person(s) should
seek medical attention;
• Eye wash and quick drench facilities should be
available. In case of ocular exposure, person(s)
should immediately flush the eyes, including
under the eyelids, with fresh water and move to
a non-contaminated area;
• Exposed persons should remove all contaminated clothing and footwear to avoid irritation;
and medical attention should be sought if irritation develops or persists;
• Although unlikely, in case of ingestion of 2–BTP,
the person(s) should consult a physician immediately;
• Manufacturing space should be equipped with
specialized engineering controls and well ventilated with a local exhaust system and low-lying
source ventilation to effectively mitigate potential
occupational exposure; regular testing and monitoring of the workplace atmosphere should be
conducted;
• Employees responsible for chemical processing
should wear the appropriate PPE, such as protective gloves, tightly sealed goggles, protective
work clothing, and suitable respiratory protection
in case of accidental release or insufficient ventilation;
• All spills should be cleaned up immediately in accordance with good industrial hygiene practices;
and
• Training for safe handling procedures should be
provided to all employees that would be likely to
handle containers of the agent or extinguishing
units filled with the agent.
• Safety features that are typical of total flooding
systems such as predischarge alarms, time
delays, and system abort switches should be
provided, as directed by applicable OSHA regulations and NFPA standards.1 Use of this agent
should also conform to relevant OSHA requirements, including 29 CFR 1910.160 and
1910.162.
See notes 1 through 5 to this table.
This fire suppressant has a relatively low GWP of
0.23–0.26 and a short atmospheric lifetime of approximately seven days.
This agent is subject to a TSCA section 5(a)(2)
SNUR.
For establishments manufacturing, installing and
maintaining equipment using this agent, EPA recommends the following:
• This agent should be used in accordance with
the safety guidelines in the latest edition of NFPA
10, Standard for Portable Fire Extinguishers; 1
• In the case that 2–BTP is inhaled, person(s)
should be immediately removed and exposed to
fresh air; if breathing is difficult, person(s) should
seek medical attention;
• Eye wash and quick drench facilities should be
available. In case of ocular exposure, person(s)
should immediately flush the eyes, including
under the eyelids, with fresh water and move to
a non-contaminated area;
• Exposed persons should remove all contaminated clothing and footwear to avoid irritation;
and medical attention should be sought if irritation develops or persists;
• Although unlikely, in case of ingestion of 2–BTP,
the person(s) should consult a physician immediately;
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End-use
Substitute
Decision
Use conditions
Further information
3. Total Flooding ...............
EXXFIRE ®
Acceptable
Subject to
Use Conditions.
Acceptable only for use in normally unoccupied
spaces.
4. Total Flooding ...............
Powdered
Aerosol H.
Acceptable
Subject to
Use Conditions.
Acceptable only for use in normally unoccupied
spaces.
1 National
• Manufacturing space should be equipped with
specialized engineering controls and well ventilated with a local exhaust system and low-lying
source ventilation to effectively mitigate potential
occupational exposure; regular testing and monitoring of the workplace atmosphere should be
conducted;
• Employees responsible for chemical processing
should wear the appropriate PPE, such as protective gloves, tightly sealed goggles, protective
work clothing, and suitable respiratory protection
in case of accidental release or insufficient ventilation;
• All spills should be cleaned up immediately in accordance with good industrial hygiene practices;
and
• Training for safe handling procedures should be
provided to all employees that would be likely to
handle containers of the agent or extinguishing
units filled with the agent.
See notes 1 through 5 to this table.
Use of this agent should be in accordance with the
safety guidelines in the latest edition of the NFPA
2001, Standard on Clean Agent Fire Extinguishing Systems.1
For establishments manufacturing, installing and
maintaining equipment using this agent, EPA recommends the following:
• In the case that EXXFIRE ® is inhaled, person(s)
should be immediately removed and exposed to
fresh air.
• Eye wash and quick drench facilities should be
available. In case of ocular exposure, person(s)
should immediately flush the eyes with water for
a minimum of 15 minutes.
• In the case of dermal exposure, the SDS recommends that person(s) should remove large
grain particles, rinse with water for a minimum of
15 minutes, and remove all contaminated clothing.
• Manufacturing space should be equipped with
engineering controls, specifically an adequate exhaust ventilation system, to effectively mitigate
potential occupational exposure.
• Employees responsible for chemical processing
should wear the appropriate personnel protective
equipment (PPE), such as protective gloves,
tightly sealed goggles, protective work clothing,
and suitable respiratory protection in case of accidental release or insufficient ventilation.
• All spills should be cleaned up immediately in accordance with good industrial hygiene practices.
• Training for safe handling procedures should be
provided to all employees that would be likely to
handle containers of the agent or extinguishing
units filled with the agent.
• Safety features that are typical of total flooding
systems such as predischarge alarms, time
delays, and system abort switches should be
provided, as directed by applicable OSHA regulations and NFPA standards.1
See notes 1 through 5 to this table.
Use of this agent should be in accordance with the
safety guidelines in the latest edition of NFPA
2010, Standard for Fixed Aerosol Fire Extinguishing Systems.1
For establishments manufacturing, installing, and
maintaining equipment using this agent, EPA recommends the following:
• Workers should use appropriate safety and protective equipment (e.g., protective gloves, tightly
sealed goggles, protective work clothing, and
particulate-removing respirators using NIOSH
type N95 or better filters) consistent with OSHA
guidelines.
• A local exhaust system should be installed and
operated to provide adequate ventilation to reduce airborne exposure to Powdered Aerosol H
constituents.
• An eye wash fountain and quick drench facility
should be close to the production area.
• Training for safe handling procedures should be
provided to all employees that would be likely to
handle the containers of the agent or extinguishing units filled with the agent.
• Workers responsible for cleanup should allow
particulates to settle before reentering area and
wear appropriate personal protective equipment.
• All spills should be cleaned up immediately in accordance with good industrial hygiene practices.
See notes 1 through 5 to this table.
Fire Protection Association (NFPA) standards are available from www.nfpa.org.
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Note 1: EPA recommends that users consult Section VIII of the OSHA Technical Manual for information on selecting the appropriate types of personal protective
equipment for all listed fire suppression agents. EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment
(e.g., respiratory protection), fire protection, hazard communication, worker training or any other occupational safety and health standard with respect to halon substitutes.
Note 2: Use of all listed fire suppression agents should conform to relevant OSHA requirements, including 29 CFR 1910.160 and 1910.162.
Note 3: Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area.
Note 4: Discharge testing should be strictly limited to that which is essential to meet safety or performance requirements.
Note 5: The agent should be recovered from the fire protection system in conjunction with testing or servicing and recycled for later use or destroyed.
[FR Doc. 2023–08663 Filed 4–27–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Rules and Regulations]
[Pages 26382-26430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08663]
[[Page 26381]]
Vol. 88
Friday,
No. 82
April 28, 2023
Part II
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Part 82
Protection of Stratospheric Ozone: Listing of Substitutes Under the
Significant New Alternatives Policy Program in Refrigeration, Air
Conditioning, and Fire Suppression; Final Rule
Federal Register / Vol. 88 , No. 82 / Friday, April 28, 2023 / Rules
and Regulations
[[Page 26382]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2021-0836; FRL-6399-02-OAR]
RIN 2060-AT78
Protection of Stratospheric Ozone: Listing of Substitutes Under
the Significant New Alternatives Policy Program in Refrigeration, Air
Conditioning, and Fire Suppression
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the U.S. Environmental Protection Agency's
Significant New Alternatives Policy program, this action lists certain
substances as acceptable, subject to use conditions, in the
refrigeration and air conditioning sector for chillers--comfort
cooling, residential dehumidifiers, residential and light commercial
air conditioning and heat pumps, and a substance as acceptable, subject
to use conditions and narrowed use limits, in very low temperature
refrigeration. Through this action, EPA is incorporating by reference
standards which establish requirements for electrical air conditioners,
heat pumps, and dehumidifiers, laboratory equipment containing
refrigerant, safe use of flammable refrigerants, and safe design,
construction, installation, and operation of refrigeration systems.
Finally, this action lists certain substances as acceptable, subject to
use conditions, in the fire suppression sector for certain streaming
and total flooding uses.
DATES: This rule is effective May 30, 2023. The incorporation by
reference of certain material listed in the rule is approved by the
Director of the Federal Register as of May 30, 2023. The incorporation
by reference of certain other material listed in the rule was approved
by the Director of the Federal Register as of May 11, 2015 and
September 7, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2021-0836. All documents in the docket are listed on the
https://www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available
electronically through https://www.regulations.gov or in hard copy at
the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Avenue NW, Washington, DC 20460. The Docket Center's hours
of operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
Holidays). For further information on EPA Docket Center services and
the current status, please visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Holly Tapani, Stratospheric Protection
Division, Office of Atmospheric Protection (Mail Code 6205A),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number: 202-564-0679; email address:
[email protected]. Notices and rulemakings under EPA's Significant
New Alternatives Policy program are available on EPA's SNAP website at
https://www.epa.gov/snap/snap-regulations.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Executive Summary and Background
B. Does this action apply to me?
C. What acronyms and abbreviations are used in the preamble?
II. What is EPA finalizing in this action?
A. Chillers--Listing of HFO-1234yf, HFC-32, R-452B, R-454A, R-
454B, and R-454C as Acceptable, Subject to Use Conditions, for Use
in New Chiller Equipment Used in Comfort Cooling, Including Both
Commercial AC and Industrial Process Air Conditioning (IPAC)
1. Background on Chillers--Commercial AC and IPAC
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and R-
454C and how do they compare to other refrigerants in the same end-
use?
4. Why is EPA finalizing these specific use conditions?
5. What additional information is EPA including in these final
listings?
6. How is EPA responding to comments on chillers?
B. Residential Dehumidifiers--Listing of HFO-1234yf, HFC-32, R-
452B, R-454A, R-454B, and R-454C as Acceptable, Subject to Use
Conditions, for Use in New Residential Dehumidifiers
1. Background on Residential Dehumidifiers
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and R-
454C and how do they compare to other refrigerants in the same end-
use?
4. Why is EPA finalizing these specific use conditions?
5. What additional information is EPA including in these final
listings?
6. How is EPA responding to comments on residential
dehumidifiers?
C. Non-Residential Dehumidifiers--Decision Not To Finalize the
Proposed Listing of HFC-32 as Acceptable, Subject to Use Conditions,
for Use in New Non-Residential Dehumidifiers
1. Why is EPA not finalizing the proposal to list HFC-32 as
acceptable, subject to use conditions, in new non-residential
dehumidifiers?
2. How is EPA responding to comments on non-residential
dehumidifiers?
D. Residential and Light Commercial AC and Heat Pumps (HPs)--
Revision of Use Conditions Provided in the Previous Listing of HFC-
32 as Acceptable for Use in New Self-Contained Room ACs and HPs
1. Background on Self-Contained Room ACs and HPs
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What is HFC-32 and how does it compare to other refrigerants
in the same end-use?
4. What use conditions previously applied to this refrigerant in
this end-use category?
5. What updates to the use conditions is EPA finalizing?
6. How do the updated use conditions differ from the previous
requirements and why is EPA finalizing the change to the use
conditions?
7. What is the acceptability status of HFC-32 in self-contained
room ACs and HPs?
8. What additional information is EPA including in these final
listings?
9. How is EPA responding to comments on updating use conditions
for HFC-32 in self-contained AC and HPs?
E. Use Conditions and Further Information in Final Listings for
Chillers, Residential Dehumidifiers, and HFC-32 Self-Contained Room
ACs and HPs
1. What use conditions is EPA finalizing and why?
2. What additional information is EPA including in these final
listings?
3. How is EPA responding to comments on use conditions and
further information for chillers, residential dehumidifiers, and
HFC-32 self-contained room ACs and HPs?
F. Very Low Temperature Refrigeration (VLTR)--Listing of R-1150
as Acceptable, Subject to Use Conditions and Narrowed Use Limits,
for Use in New VLTR
1. Background on VLTR
2. What is EPA's final listing decision for R-1150?
3. What is R-1150 and how does it compare to other refrigerants
in the same end-use?
4. What use conditions is EPA finalizing?
5. Why is EPA finalizing these specific use conditions?
6. What narrowed use limits is EPA finalizing?
7. Why is EPA finalizing these specific narrowed use limits?
8. What additional information is EPA including in this final
listing?
[[Page 26383]]
9. How is EPA responding to comments on VLTR?
G. Streaming and Total Flooding Fire Suppression--Listing of 2-
bromo-3,3,3-trifluoropropene (2-BTP) as Acceptable, Subject to Use
Conditions, as a Streaming Agent in Non-Residential Applications and
as a Total Flooding Agent in Normally Unoccupied Spaces Under 500
ft\3\
1. Background on Streaming and Total Flooding Fire Suppression
2. What is EPA's final listing decision for 2-BTP?
3. What is 2-BTP and how does it compare to other fire
suppressants in the same end-uses?
4. What use conditions is EPA finalizing?
5. Why is EPA finalizing these specific use conditions?
6. How is EPA responding to comments on 2-BTP?
H. Total Flooding Fire Suppression--Listing of EXXFIRE[supreg]
as Acceptable, Subject to Use Conditions, for Use in Normally
Unoccupied Spaces
1. What is EPA's final listing decision for EXXFIRE[supreg]?
2. What is EXXFIRE[supreg] and how does it compare to other fire
suppressants in the same end-use?
3. What use conditions is EPA finalizing and why?
4. How is EPA responding to comments on EXXFIRE[supreg]?
I. Total Flooding Fire Suppression--Listing of Powdered Aerosol
H (Pyroquench-[alpha]TM) as Acceptable, Subject to Use
Conditions, for Use in Normally Unoccupied Spaces
1. What is EPA's final listing decision for Powdered Aerosol H?
2. What is Powdered Aerosol H and how does it compare to other
fire suppressants in the same end-use?
3. What use conditions is EPA finalizing and why?
4. How is EPA responding to comments on Powdered Aerosol H?
J. How is EPA responding to other comments?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act and 1 CFR
Part 51
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
IV. References
I. General information
A. Executive Summary and Background
This action finalizes listings of new alternatives for the
refrigeration and air conditioning (AC) and fire suppression sectors.
Specifically, EPA is:
Listing hydrofluoroolefin (HFO)-1234yf, hydrofluorocarbon
(HFC)-32, R-452B, R-454A, R-454B, and R-454C as acceptable, subject to
use conditions, for use in chillers used in comfort cooling, including
commercial AC and industrial process AC (IPAC);
Listing HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and R-
454C as acceptable, subject to use conditions, for use in residential
dehumidifiers;
Listing HFC-32 as acceptable, subject to use conditions,
for use in self-contained room ACs and heat pumps (HPs);
Listing R-1150 as acceptable, subject to use conditions
and narrowed use limits, for use in very low temperature refrigeration
(VLTR);
Listing 2-bromo-3,3,3-trifluoropropene (2-BTP) as
acceptable, subject to use conditions, in streaming--for non-
residential use, except home offices and boats--and total flooding--in
normally unoccupied spaces under 500 ft\3\;
Listing EXXFIRE[supreg] as acceptable, subject to use
conditions, in total flooding--for normally unoccupied areas; and
Listing Powdered Aerosol H, also known as Pyroquench-
[alpha]TM, as acceptable, subject to use conditions, in
total flooding--for normally unoccupied areas.
EPA is finalizing these new listings after its evaluation of human
health and environmental information for these substitutes in the
refrigeration and AC sector and the fire suppression sector under the
Significant New Alternatives Policy (SNAP) program based on the
information that EPA has included in the docket. This action provides
additional flexibility for industry by providing new options in
specific uses.
SNAP Program Background
The SNAP program implements section 612 of the Clean Air Act (CAA).
Several major provisions of section 612 are:
1. Rulemaking
Section 612(c) requires EPA to promulgate rules making it unlawful
to replace any class I (chlorofluorocarbon (CFC), halon, carbon
tetrachloride, methyl chloroform, methyl bromide,
hydrobromofluorocarbon, and chlorobromomethane) or class II
(hydrochlorofluorocarbon (HCFC)) ozone depleting substance (ODS) with
any substitute that the Administrator determines may present adverse
effects to human health or the environment where the Administrator has
identified an alternative that (1) reduces the overall risk to human
health and the environment and (2) is currently or potentially
available.
2. Listing of Unacceptable/Acceptable Substitutes
Section 612(c) requires EPA to publish a list of the substitutes
that it finds to be unacceptable for specific uses and to publish a
corresponding list of acceptable substitutes for specific uses.
3. Petition Process
Section 612(d) grants the right to any person to petition EPA to
add a substance to, or delete a substance from, the lists published in
accordance with section 612(c).
4. 90-Day Notification
Section 612(e) directs EPA to require any person who produces a
chemical substitute for a class I substance to notify the Agency not
less than 90 days before a new or existing chemical is introduced into
interstate commerce for significant new use as a substitute for a class
I substance. The producer must also provide the Agency with the
producer's unpublished health and safety studies on such substitutes.
The regulations for the SNAP program are promulgated at 40 Code of
Federal Regulations (CFR) part 82, subpart G, and the Agency's process
for reviewing SNAP submissions is described in regulations at 40 CFR
82.180. Under these rules, the Agency has identified five types of
listing decisions: acceptable; acceptable, subject to use conditions;
acceptable, subject to narrowed use limits; unacceptable; and pending
(40 CFR 82.180(b)). Use conditions and narrowed use limits are both
considered ``use restrictions,'' as described below. Substitutes that
are deemed acceptable with no use restrictions (no use conditions or
narrowed use limits) can be used for all applications within the
relevant end-uses in the sector. After reviewing a substitute, the
Agency may determine that a substitute is acceptable only if certain
conditions in the way that the substitute is used are met, to minimize
risks to human health and the environment. EPA describes such
substitutes as ``acceptable, subject to use conditions'' (40 CFR
82.180(b)(2)). For some substitutes, the Agency may
[[Page 26384]]
permit a narrowed range of use within an end-use or sector. For
example, the Agency may limit the use of a substitute to certain end-
uses or specific applications within an industry sector. EPA describes
these substitutes as ``acceptable, subject to narrowed use limits.''
Under the narrowed use limit, users intending to adopt these
substitutes ``must ascertain that other alternatives are not
technically feasible.'' (40 CFR 82.180(b)(3)).
In making decisions regarding whether a substitute is acceptable or
unacceptable, and whether substitutes present risks that are lower than
or comparable to risks from other substitutes that are currently or
potentially available in the end-uses under consideration, EPA examines
the criteria in 40 CFR 82.180(a)(7)(i) through (vii):
``(i) Atmospheric effects and related health and environmental
impacts; (ii) General population risks from ambient exposure to
compounds with direct toxicity and to increased ground-level ozone;
(iii) Ecosystem risks; (iv) Occupational risks; (v) Consumer risks;
(vi) Flammability; and (vii) Cost and availability of the
substitute.''.
Many SNAP listings include ``comments'' or ``further information''
to provide additional information on substitutes. Since this additional
information is not part of the regulatory decision under SNAP, these
statements are not binding for use of the substitute under the SNAP
program. However, regulatory requirements so listed are binding under
other regulatory programs (e.g., worker protection regulations
promulgated by the U.S. Occupational Safety and Health Administration
(OSHA)). The ``further information'' classification does not
necessarily include all other legal obligations pertaining to the use
of the substitute. While the items listed are not legally binding under
the SNAP program, EPA encourages users of substitutes to apply all
statements in the ``Further Information'' column in their use of these
substitutes. In many instances, the information simply refers to sound
operating practices that have already been identified in existing
industry and/or building codes or standards. Thus, many of the
statements, if adopted, would not require the affected user to make
significant changes in existing operating practices.
For additional information on the SNAP program, visit the SNAP
website at https://www.epa.gov/snap. The full lists of acceptable
substitutes for ODS in all industrial sectors are available at https://www.epa.gov/snap/snap-substitutes-sector. For more information on the
Agency's process for administering the SNAP program or criteria for
evaluation of substitutes, refer to the initial SNAP rulemaking
published March 18, 1994 (59 FR 13044), codified at 40 CFR part 82,
subpart G. SNAP decisions and the appropriate Federal Register
citations can be found at: https://www.epa.gov/snap/snap-regulations.
Substitutes listed as unacceptable; acceptable, subject to narrowed use
limits; or acceptable, subject to use conditions, are also listed in
the appendices to 40 CFR part 82, subpart G.
B. Does this action apply to me?
The following list identifies regulated entities that may be
affected by this rule and their respective North American Industrial
Classification System (NAICS) codes:
Plumbing, Heating, and Air Conditioning Contractors (NAICS
238220)
All Other Basic Organic Chemical Manufacturing (NAICS 325199)
Pharmaceutical Preparations (e.g., Capsules, Liniments,
Ointments, Tablets) Manufacturing (NAICS 325412)
Air Conditioning and Warm Air Heating Equipment and Commercial
and Industrial Refrigeration Equipment Manufacturing (NAICS 333415)
Household Appliances, Electric Housewares, and Consumer
Electronics Merchant Wholesalers (NAICS 423620)
Refrigeration Equipment and Supplies Merchant Wholesalers
(NAICS 423740)
Recyclable Material Merchant Wholesalers (NAICS 423930)
Appliance Repair and Maintenance (NAICS 811412)
Fire Protection (NAICS 922160)
This list is not intended to be exhaustive, but rather to provide a
guide for readers regarding entities likely to be affected by this
action. To determine whether your facility, company, business, or
organization could be affected by this action, you should carefully
examine the regulations at 40 CFR part 82, subpart G and the revisions
below. 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.
C. What acronyms and abbreviations are used in the preamble?
Below is a list of acronyms and abbreviations used in the preamble
of this document:
2-BTP--2-bromo-3,3,3-trifluoropropene
AC--Air Conditioning or Air Conditioner
ACGIH--American Conference of Governmental Industrial Hygienists
AEL--Acceptable Exposure Limit
AHAM--Association of Home Appliance Manufacturers
AHRI--Air-Conditioning, Heating, and Refrigeration Institute
AIHA--American Industrial Hygiene Association AIM Act--American
Innovation and Manufacturing Act of 2020
ANSI--American National Standards Institute
ASHRAE--American Society of Heating, Refrigerating and Air-
Conditioning Engineers
ASTM--American Society for Testing and Materials
CAA--Clean Air Act
CAS Reg. No.--Chemical Abstracts Service Registry Identification
Number
CBI--Confidential Business Information
CFC--Chlorofluorocarbon
CFR--Code of Federal Regulations
CRA--Congressional Review Act
CO2--Carbon Dioxide
EEAP--Environmental Effects Assessment Panel
EIA--Environmental Investigation Agency
EPA--United States Environmental Protection Agency
FR--Federal Register
GWP--Global Warming Potential
HCFC--Hydrochlorofluorocarbon
HCFO--Hydrochlorofluoroolefin
HFC--Hydrofluorocarbon
HFO--Hydrofluoroolefin
HP--Heat Pump
ICF--ICF International, Inc.
IEC--International Electrotechnical Commission
IPAC--Industrial Process Air Conditioning
IPCC--Intergovernmental Panel on Climate Change
LFL--Lower Flammability Limit
LOAEL--Lowest Observed Adverse Effect Level
MIAQ--Madison Indoor Air Quality
MVAC--Motor Vehicle Air Conditioning
NAAQS--National Ambient Air Quality Standards
NAICS--North American Industrial Classification System
NARA--National Archives and Records Administration
NFPA--National Fire Protection Association
NIOSH--National Institute for Occupational Safety and Health
NPRM--Notice of Proposed Rulemaking
NRTL--Nationally Recognized Testing Laboratories
ODP--Ozone Depletion Potential
ODS--Ozone Depleting Substances
OMB--United States Office of Management and Budget
OSHA--United States Occupational Safety and Health Administration
PFAS--Per- and poly-fluoroalkyl substances
PFCs--Perfluorocarbons
PMS--Pantone[supreg] Matching System
ppm--Parts Per Million
PRA--Paperwork Reduction Act
PTAC--Packaged Terminal Air Conditioner
PTHP--Packaged Terminal Heat Pump
RAL--``Reichs-Ausschu[szlig] f[uuml]r Lieferbedingungen und
G[uuml]tesicherung,''
[[Page 26385]]
Germany's National Commission for Delivery Terms and Quality
Assurance
RCRA--Resource Conservation and Recovery Act
RFA--Regulatory Flexibility Act
SCBA--Self-Contained Breathing Apparatus
SDS--Safety Data Sheet
SIP--State Implementation Plan
SNAP--Significant New Alternatives Policy
TFA--trifluoroacetic acid
TLV-TWA--Threshold Limit Value-Time-Weighted Average
TSCA--Toxic Substances Control Act
TWA--Time Weighted Average
UL--UL, formerly known as Underwriters Laboratories, Inc.
UMRA--Unfunded Mandates Reform Act
VOC--Volatile Organic Compound, Volatile Organic Compounds
VLTR--Very Low Temperature Refrigeration
WCFF--Worst Case of Fractionation for Flammability
WCF--Worst Case of Formulation for Flammability
WEEL--Workplace Environmental Exposure Limit
WMO--World Meteorological Organization
II. What is EPA finalizing in this action?
This section of the preamble describes EPA's final listings for
certain refrigerants and fire suppressants in specific end-uses,
including final use restrictions. In addition, this section provides
responses to comments EPA received on the proposed listings during the
public comment period for the proposed rule. One comment was received
after the close of the comment period, to which no response from the
Agency is required. The regulatory text for new listings is codified in
appendix X of 40 CFR part 82, subpart G. The regulatory text for a
revised listing is codified in appendix R of 40 CFR part 82, subpart G.
The final regulatory text contains listing decisions for the end-uses
discussed throughout this section below.
A. Chillers--Listing of HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and
R-454C as Acceptable, Subject to Use Conditions, for Use in New Chiller
Equipment Used in Comfort Cooling, Including Both Commercial AC and
Industrial Process Air Conditioning (IPAC)
EPA previously listed HFO-1234yf as acceptable, subject to use
conditions, in motor vehicle AC, in light-duty vehicles (74 FR 53445;
October 19, 2009), in heavy-duty pickup trucks and complete heavy-duty
vans (81 FR 86778; December 1, 2016) and in nonroad vehicles and
service fittings for small refrigerant cans (87 FR 26276; May 4, 2022).
EPA previously listed HFC-32 as acceptable, subject to use conditions,
as a substitute in residential and light commercial AC and HPs (80 FR
19454; April 10, 2015) (86 FR 24444; May 6, 2021) and previously listed
R-452B, R-454A, R-454B, and R-454C, (hereafter called ``the four
refrigerant blends''), as acceptable, subject to use conditions, as
substitutes in residential and light commercial AC and HPs (86 FR
24444; May 6, 2021).\1\
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\1\ In this final rule, we use the term ``air conditioner'' and
``AC'' to cover equipment that cools air, heats air, or has the
function to do both (typically referred to as a ``heat pump'').
While such equipment might humidify or dehumidify the air, the term
does not include equipment whose purpose is for latent cooling only
(i.e., dehumidifiers), which are a separate end-use under SNAP and
are addressed in section II.B of this final rule.
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This final rulemaking finds HFC-32, HFO-1234yf, and the four
refrigerant blends acceptable, subject to use conditions, as
substitutes in chillers. The SNAP program divides chillers for comfort
cooling into two general types based on the type of compressor used in
the system, i.e., centrifugal and positive displacement compressors
(including reciprocating, screw, scroll and rotary) chillers. EPA
proposed to list HFO-1234yf, R-454A, R-454B, and R-454C as acceptable
in all new chillers for comfort cooling and proposed to list HFC-32 and
R-452B as acceptable only in new scroll and rotary chillers for comfort
cooling. After consideration and evaluation of the comments received by
the Agency in response to the July 28, 2022, notice of proposed
rulemaking (87 FR 45508; hereafter, ``NPRM''), EPA is finalizing the
listings for HFO-1234yf, R-454A, R-454B, and R-454C in chillers for
comfort cooling as proposed. After consideration and evaluation of the
comments received, EPA is broadening the listings for HFC-32 and R-452B
relative to the NPRM, and is listing these alternatives as acceptable
with use conditions across all chiller types for all comfort cooling
applications, including but not limited to use in commercial AC and
IPAC.
Several use conditions finalized for chillers are identical to
those finalized for other end-uses (residential dehumidifiers and
residential and light commercial AC and HPs) finalized in sections II.B
and II.D. below. Because of this similarity, EPA discusses the use
conditions that would apply to all three end-uses in detail in section
II.E below. For chillers, EPA is also finalizing an additional use
condition related to adherence to the ASHRAE 15-2019 standard. In
summary, the use conditions for chillers are:
(1) New equipment only--These refrigerants may be used only in new
equipment designed specifically and clearly identified for the
refrigerant, i.e., none of these substitutes may be used as a
conversion or ``retrofit'' refrigerant for existing equipment.
(2) UL Standard--These refrigerants may be used only in chiller
equipment that meet all requirements listed in the 3rd edition, dated
November 1, 2019, of UL Standard 60335-2-40, ``Household and Similar
Electrical Appliances--Safety--Part 2-40: Particular Requirements for
Electrical Heat Pumps, Air Conditioners and Dehumidifiers.'' In cases
where this final rule includes requirements different than those of the
3rd edition of UL Standard 60335-2-40, the appliance would need to meet
the requirements of this final rule in place of the requirements in UL
60335-2-40, 3rd Edition. See section II.E below for further discussion
on the requirements of this standard that EPA is incorporating by
reference.
(3) Warning labels--Several warning labels are required as use
conditions as detailed in section II.E below. These labels are similar
or verbatim in language to those required by UL 60335-2-40, 3rd
Edition. The warning labels must be provided in letters no less than
6.4 mm (\1/4\ inch) high and must be permanent.
(4) Markings--Equipment must have distinguishing red
(Pantone[supreg] Matching System (PMS) #185 or Reichs-Ausschu[szlig]
f[uuml]r Lieferbedingungen und G[uuml]tesicherung \2\ (RAL) 3020)
color-coded hoses and piping to indicate use of a flammable
refrigerant. The chiller equipment shall have marked service ports,
pipes, hoses and other devices through which the refrigerant is
serviced. Markings shall extend at least 1 inch (25 mm) from the
servicing port and shall be replaced if removed.
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\2\ Germany's National Commission for Delivery Terms and Quality
Assurance.
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(5) For chillers, EPA is also finalizing a use condition related to
adherence to the ASHRAE 15-2019 standard in addition to those common
finalized use conditions for chillers, residential dehumidifiers, and
self-contained room ACs. Specifically, EPA is requiring that these
refrigerants may only be used in chillers that meet all requirements
listed in the American National Standards Institute (ANSI)/ASHRAE
Standard 15-2019 (hereafter ``ASHRAE 15-2019''). In cases where this
final rule includes requirements different than those of ASHRAE 15-
2019,\3\ EPA is finalizing that the chiller appliance needs to meet the
requirements of this final rule in place of the requirements in the
ASHRAE Standard. This additional use
[[Page 26386]]
condition is discussed further in section II.A.4, below.
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\3\ ASHRAE, 2019b. American National Standards Institute (ANSI)/
American Society for Heating, Refrigerating, and Air-Conditioning
Engineers (ASHRAE) Standard 15. Safety Standard for Refrigeration
Systems. 2019.
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EPA notes that there may be other requirements pertaining to the
manufacture, use, handling, and disposal of the listed refrigerants
that are not included in the information listed in the tables (e.g.,
the CAA section 608(c)(2) venting prohibition \4\ or Department of
Transportation requirements for transport of flammable gases).
Flammable refrigerants being recovered or otherwise disposed of from
chillers are likely to be hazardous waste under the Resource
Conservation and Recovery Act (RCRA) (see 40 CFR parts 260-270).
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\4\ Under section 608(c)(2) of the CAA and EPA's regulations at
40 CFR 82.154(a)(1), it is unlawful for any person, in the course of
maintaining, servicing, repairing, or disposing of an appliance or
industrial process refrigeration, to knowingly vent or otherwise
knowingly release or dispose of any substitute substance for a class
I or class II substance used as a refrigerant in such appliance (or
industrial process refrigeration) in a manner which permits such
substance to enter the environment. As provided in 40 CFR
82.154(a)(1), certain substitutes in certain end-uses have been
exempted from this prohibition. References to the venting
prohibition throughout this final rule refer to these provisions.
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1. Background on Chillers--Commercial AC and IPAC
This rulemaking applies to chillers that are covered by the UL
60335-2-40 standard ``Household and Similar Electrical Appliances--
Safety--Part 2-40: Requirements for Electrical Heat Pumps, Air
Conditioners and Dehumidifiers'' and ASHRAE Standard 15-2019, ``Safety
Standard for Refrigeration Systems.'' EPA understands that UL 60335-2-
40 covers chillers used for comfort cooling.
In the initial rule establishing the SNAP program (59 FR 13044;
March 18, 1994), EPA included within the refrigeration and AC sector
the end-use ``commercial comfort air conditioning'' and then elaborated
on that end-use by saying that ``CFCs are used in several different
types of mechanical commercial comfort AC systems, known as chillers.''
EPA indicated ``that over time, existing cooling capacity [from
chillers] will be either retrofitted or replaced by systems using non-
CFC refrigerants in a vapor compression cycle or by alternative
technologies.'' EPA also explained in that rule that vapor compression
chillers can be categorized by the type of compressor used, including
centrifugal, rotary, screw, scroll and reciprocating compressors. These
compressor types are also divided into centrifugal and positive
displacement chillers, the latter of which includes those with
reciprocating, screw, scroll or rotary compressors.
Centrifugal chillers are equipment that utilize a centrifugal
compressor in a vapor-compression refrigeration cycle. Centrifugal
chillers are typically used for commercial comfort AC, although other
uses, that we are not addressing here, do exist. Centrifugal chillers
can be found in office buildings, hotels, arenas, convention halls,
airport terminals and other buildings. Centrifugal chillers tend to be
used in larger buildings.
Positive displacement chillers are those that utilize positive
displacement compressors such as reciprocating, screw, scroll or rotary
types. Positive displacement chillers are applied in similar situations
as centrifugal chillers, again primarily for commercial comfort AC,
except that positive displacement chillers tend to be used for smaller
capacity needs such as in mid- and low-rise buildings.
A chiller is a type of equipment using refrigerant that typically
cools water or a brine solution, which is then pumped to fan coil units
or other air handlers to cool the air that is supplied to the occupied
spaces transferring the heat to the water. The heat absorbed by the
water can then be used for heating purposes, and/or can be transferred
directly to the air (``air-cooled''), to a cooling tower or body of
water (``water-cooled''), or through evaporative coolers
(``evaporative-cooled''). A chiller or a group of chillers could
similarly be used for district cooling where the chiller plant cools
water or another fluid that is then pumped to multiple locations being
served such as several different buildings within the same complex.
Chillers may also be used to maintain operating temperatures in various
types of buildings, for example, in data centers, server farms, and
agricultural/food operations. Chillers are used in other applications,
for example, to cool process streams in industrial applications.
Chillers are also used for comfort cooling of operators or climate
control and protecting process equipment in industrial buildings, for
example, in industrial processes when ambient temperatures could
approach 200 [deg]F (93 [deg]C) and corrosive conditions could exist.
The listing finalized today applies to all types of chillers in comfort
cooling applications.
2. What are the ASHRAE classifications for refrigerant flammability?
The ANSI/ASHRAE Standard 34-2019 assigns a safety group
classification for each refrigerant which consists of two to three
alphanumeric characters (e.g., A2L or B1). The initial capital letter
indicates the toxicity, and the numeral denotes the flammability.
ASHRAE classifies Class A refrigerants as refrigerants for which
toxicity has not been identified at concentrations less than or equal
to 400 parts per million (ppm) by volume, based on data used to
determine threshold limit value-time-weighted average (TLV-TWA) or
consistent indices. Class B signifies refrigerants for which there is
evidence of toxicity at concentrations below 400 ppm by volume, based
on data used to determine TLV-TWA or consistent indices.
The refrigerants are also assigned a flammability classification of
1, 2, 2L, or 3. Tests for flammability are conducted in accordance with
American Society for Testing and Materials (ASTM) E681 using a spark
ignition source at 140 [deg]F (60 [deg]C) and 14.7 psia (101.3 kPa).\5\
The flammability classification ``1'' is given to refrigerants that,
when tested, show no flame propagation. The flammability classification
``2'' is given to refrigerants that, when tested, exhibit flame
propagation, have a heat of combustion less than 19,000 kJ/kg (8,169
Btu/lb), and have a lower flammability limit (LFL) greater than 0.10
kg/m\3\. The flammability classification ``2L'' is given to
refrigerants that, when tested, exhibit flame propagation, have a heat
of combustion less than 19,000 kJ/kg (8,169 BTU/lb), have an LFL
greater than 0.10 kg/m\3\, and have a maximum burning velocity of 10
cm/s or lower when tested in dry air at 73.4 [deg]F (23.0 [deg]C) and
14.7 psi (101.3 kPa). The flammability classification ``3'' is given to
refrigerants that, when tested, exhibit flame propagation and that
either have a heat of combustion of 19,000 kJ/kg (8,169 BTU/lb) or
greater or have an LFL of 0.10 kg/m\3\ or lower.
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\5\ ASHRAE, 2019a. ANSI/ASHRAE Standard 34-2019: Designation and
Safety Classification of Refrigerants.
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For flammability classifications, refrigerant blends are designated
based on the worst case of formulation for flammability and the worst
case of fractionation for flammability determined for the blend.
[[Page 26387]]
[GRAPHIC] [TIFF OMITTED] TR28AP23.000
Using these safety group classifications, ANSI/ASHRAE Standard 34-
2019 categorizes HFO-1234yf, HFC-32 and the four refrigerant blends in
this section of this final rule in the A2L Safety Group.
3. What are HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and R-454C and
how do they compare to other refrigerants in the same end-use?
HFO-1234yf and HFC-32 are lower flammability refrigerants, and the
four refrigerant blends are lower flammability refrigerant blends, all
with an ASHRAE safety classification of A2L. The respective Chemical
Abstracts Service Registry Identification Numbers (CAS Reg. Nos.) of
HFO-1234yf, HFC-32 and the components of the four refrigerant blends
are listed below.
HFO-1234yf, also known by the trade names ``Solstice[supreg] yf''
and ``OpteonTM YF,'' is also known as 2,3,3,3-
tetrafluoroprop-1-ene (CAS Reg. No. 754-12-1). HFC-32 is also known as
R-32 or difluoromethane (CAS Reg. No. 75-10-5). R-452B, also known by
the trade names ``OpteonTM XL 55'' and ``Solstice[supreg]
L41y,'' is a blend consisting of 67 percent by weight HFC-32; seven
percent HFC-125, also known as 1,1,1,2,2-pentafluoroethane (CAS Reg.
No. 354-33-6); and 26 percent HFO-1234yf. R-454A, also known by the
trade name ``OpteonTM XL 40,'' is a blend consisting of 35
percent HFC-32 and 65 percent HFO-1234yf. R-454B, also known by the
trade names ``OpteonTM XL 41'' and ``Puron
AdvanceTM,'' is a blend consisting of 68.9 percent HFC-32
and 31.1 percent HFO-1234yf. R-454C, also known by the trade name
``OpteonTM XL 20,'' is a blend consisting of 21.5 percent
HFC-32 and 78.5 percent HFO-1234yf.
Redacted submissions and supporting documentation for HFO-1234yf,
HFC-32, and the four refrigerant blends are provided in the docket for
this final rule (EPA-HQ-OAR-2021-0836) at https://www.regulations.gov.
EPA performed an assessment to examine the health and environmental
risks of each of these substitutes. These assessments are available in
the docket for this final rule.6 7 8 9 10 11 12
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\6\ ICF, 2022a. Risk Screen on Substitutes in Chillers and
Industrial Process Air Conditioning (New Equipment); Substitute: R-
32.
\7\ ICF, 2022b. Risk Screen on Substitutes in Chillers and
Industrial Process Air Conditioning (New Equipment); Substitute:
HFO-123yf.
\8\ ICF, 2022c. Risk Screen on Substitutes in Chillers and
Industrial Process Air Conditioning (New Equipment); Substitute: R-
452B.
\9\ ICF, 2022d. Risk Screen on Substitutes in Chillers and
Industrial Process Air Conditioning (New Equipment); Substitute: R-
454A.
\10\ ICF, 2022e. Risk Screen on Substitutes in Chillers and
Industrial Process Air Conditioning (New Equipment); Substitute: R-
454B.
\11\ ICF, 2022f. Risk Screen on Substitutes in Chillers and
Industrial Process Air Conditioning (New Equipment); Substitute: R-
454C.
\12\ EPA notes that UL 60335-2-40 uses the Worst Case
Formulation of Flammability (WCF) LFL, but that ASHRAE 34-2019 uses
the Worst Case Fractionation of Flammability (WCFF) LFL for all of
the blends except R-452B, in which case ASHRAE 34 references the WCF
LFL. To be conservative, the Agency uses the WCFF LFL values for our
flammability risk analysis. ASHRAE 34 plans to update their WCFF LFL
values to WCF LFL values in future editions of the standard as a way
to standardize LFLs going forward, after which the Agency may also
consider switching to using WCF LFL values in the risk screens.
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Environmental information: HFO-1234yf, HFC-32, and the four
refrigerant blends have ODPs of zero.
HFO-1234yf has a 100-year integrated GWP of less than
four.13 14 15 HFC-32 has a GWP of 675. The four refrigerant
blends are made up of the components HFC-32, HFC-125, and HFO-1234yf,
which have GWPs of 675, 3,500, and less than four, respectively.\16\ If
these values are weighted by mass percentage, then R-452B, R-454A, R-
454B, and R-454C have GWPs of about 700, 240, 470, and 150,
respectively.
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\13\ The GWP in World Meteorological Organization (2018) is
listed as less than 1. Burkholder et al. Appendix A, Table A-1 in
Scientific Assessment of Ozone Depletion: 2018, Global Ozone
Research and Monitoring Project, Report No. 58, World Meteorological
Organization, Geneva, Switzerland, https://ozone.unep.org/science/assessment/sap. (WMO, 2018)
\14\ Nielsen et al., 2007. Nielsen, O.J., Javadi, M.S., Sulbaek
Andersen, M.P., Hurley, M.D., Wallington, T.J., Singh, R. 2007.
Atmospheric chemistry of CF3CF=CH2: Kinetics and mechanisms of gas-
phase reactions with Cl atoms, OH radicals, and O3. Chemical Physics
Letters 439, 18-22. Available online at https://www.lexissecuritiesmosaic.com/gateway/FedReg/network_OJN_174_CF3CF=CH2.pdf.
\15\ Hodnebrog [Oslash];. et al., 2013. Hodnebrog [Oslash];.,
Etminan, M., Fuglestvedt, J.S., Marston, G., Myhre, G., Nielsen,
C.J., Shine, K.P., Wallington, T.J.: Global Warming Potentials and
Radiative Efficiencies of Halocarbons and Related Compounds: A
Comprehensive Review, Reviews of Geophysics, 51, 300-378,
doi:10.1002/rog.20013, 2013
\16\ Unless otherwise specified, GWP values are 100-year values
from Intergovernmental Panel on Climate Change (IPCC) (2007) Climate
Change 2007: The Physical Science Basis. Contribution of Working
Group I to the Fourth Assessment Report of the Intergovernmental
Panel on Climate Change. S. Solomon, D. Qin, M. Manning, Z. Chen, M.
Marquis, K.B. Averyt, M. Tignor and H.L. Miller (eds.). Cambridge
University Press. Cambridge, United Kingdom 996 pp.
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HFC-32, HFO-1234yf, and the other component of one of the four
refrigerant blends, HFC-125, are excluded from EPA's regulatory
definition of volatile organic compounds (VOC) (see 40 CFR 51.100(s))
for the purpose of addressing the development of State Implementation
Plans (SIPs) to attain and maintain the National Ambient Air Quality
Standards (NAAQS). The regulatory definition provides that ``any
compound of carbon'' which ``participates in atmospheric
[[Page 26388]]
photochemical reactions'' is considered a VOC unless expressly excluded
based on a determination of ``negligible photochemical reactivity.''
Under section 608(c)(2) of the CAA and EPA's regulations at 40 CFR
82.154(a)(1), it is unlawful for any person, in the course of
maintaining, servicing, repairing, or disposing of an appliance or
industrial process refrigeration, to knowingly vent or otherwise
knowingly release or dispose of any substitute substance for a class I
or class II substance used as a refrigerant in such appliance (or
industrial process refrigeration) in a manner which permits such
substance to enter the environment.
Flammability information: HFO-1234yf, HFC-32 and the four
refrigerant blends are all classified as 2L under ASHRAE Standards
reflecting that these compounds are flammable but have lower burning
velocity than compounds listed as 2 or 3 under the ASHRAE standard.
Toxicity and exposure data: HFO-1234yf, HFC-32 and the four
refrigerant blends have an ASHRAE toxicity classification of A.
Potential health effects of exposure to these substitutes include
drowsiness or dizziness. The substitutes may also irritate the skin or
eyes or cause frostbite. At sufficiently high concentrations, the
substitutes may cause irregular heartbeat. The substitutes could cause
asphyxiation if air is displaced by vapors in a confined space. These
potential health effects are common to many refrigerants.
The American Industrial Hygiene Association (AIHA) has established
Workplace Environmental Exposure Limits (WEELs) of 1,000 ppm as an
eight-hour time-weighted average (8-hr TWA) for HFC-32 and the
component refrigerant HFC-125; the AIHA has established a WEEL of 500
ppm as an 8-hr TWA for HFO-1234yf. The manufacturer of R-452B, R-454A,
R-454B, and R-454C recommends Acceptable Exposure Limits (AELs) for the
workplace, respectively, of 874, 690, 854, and 615 ppm on an 8-hr TWA
for these blends. EPA anticipates that users will be able to meet the
AIHA WEELs and manufacturers' AELs and address potential health risks
by following requirements and recommendations in the manufacturers'
safety data sheet (SDS), the final use conditions (including adherence
to ASHRAE Standard 15), and other safety precautions common to the
refrigeration and AC industry.17 18 19 20 21 22
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\17\ ICF, 2022a. Op. cit.
\18\ ICF, 2022b. Op. cit.
\19\ ICF, 2022c. Op. cit
\20\ ICF, 2022d. Op. cit.
\21\ ICF, 2022e. Op. cit.
\22\ ICF, 2022e. Op. cit.
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Comparison to other substitutes in this end-use: HFO-1234yf, HFC-
32, and the four refrigerant blends all have an ODP of zero, comparable
to or lower than some of the acceptable substitutes in these end-uses,
such as HFO-1234ze(E) with an ODP of zero. Although HCFC-123 and R-406A
(with components HCFC-22 and HCFC-142b) have been listed acceptable in
this end-use with ODPs of 0.02 and 0.057, respectively, HCFC-123
(unless used, recovered, and recycled) may not be used as a refrigerant
in equipment manufactured on or after January 1, 2020, under 40 CFR
82.15(g)(5)(i).\23\ Similarly, components of R-406A (HCFC-22 and HCFC-
142b) (unless used, recovered, and recycled) may not be used as a
refrigerant for use in chillers manufactured on or after January 1,
2010, under 40 CFR 82.15(g)(2)(i).\24\ Under 40 CFR 82.16, EPA has not
issued any production and consumption allowances for HCFC-22 and HCFC-
142b since 2019.
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\23\ The regulations at 40 CFR 82.15(g)(5)(iii) provide a
limited exception to the prohibition on use in 82.15(g)(5)(i), for
use of HCFC-123 as a refrigerant in equipment manufactured on or
after January 1, 2020 but before January 1, 2021 if the conditions
of 40 CFR 82.15(g)(5)(iii) are met.
\24\ The regulations at 40 CFR 82.15(g)(2)(ii) provide limited
exceptions to the prohibitions in 82.15(g)(2)(i), including for
HCFC-22 ``for use as a refrigerant in appliances manufactured before
January 1, 2012, provided that the components are manufactured prior
to January 1, 2010, and are specified in a building permit or a
contract dated before January 1, 2010, for use on a particular
project.''
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HFC-32 and the four refrigerant blends' GWPs, ranging from about
150 to 700, are higher than those of some of the acceptable substitutes
for new centrifugal and positive displacement chillers, including HCFO-
1233zd(E), HFO-1336mzz(Z), and R-515B, with GWPs of 3.7, 9, and 287,
respectively. The GWPs of HFO-1234yf, R-454A, R-454B, and R-454C are
lower than some of the acceptable substitutes for new centrifugal and
positive displacement chillers, such as R-450A and R-513A, with GWPs of
approximately 600 and 630, respectively. HFC-32's and R-452B's GWPs of
675 and about 700 are higher than the GWPs of those refrigerants. The
GWPs of HFC-32 and R-452B are, however, lower than those of all the
refrigerants that EPA listed as unacceptable for chillers as of January
1, 2024, in the final rule issued December 1, 2016, which had GWPs of
1,000 or higher. Further, HFC-32 and HFC-452B can be used in chillers
that are designed to be used with refrigerants having higher pressure
and higher volumetric capacity, unlike most of the other refrigerants
listed acceptable in chillers (e.g., HCFO-1233zd(E), R-450A, and R-
513A). Volumetric capacity is important to achieve the cooling capacity
needed without increasing equipment sizes, which could lead to weights
exceeding code requirements, for instance, when a chiller on top of an
existing building is replaced with a new one. Given the wide range of
applications, not all refrigerants listed as acceptable under SNAP will
be suitable for all equipment in the end-use. To provide additional
options to ensure the availability of substitutes for the full range of
chiller equipment for comfort cooling, EPA is finalizing the listings
for HFC-32 and R-452B for all types of positive displacement chillers,
as well as for centrifugal chillers and chillers for IPAC.
HFC-32's and the four refrigerant blends' GWPs, ranging from about
150 to 700, are higher than or comparable to those of some of the
acceptable substitutes for new IPAC, including carbon dioxide
(CO2), HFO-1336mzz(Z) and R-515B with GWPs of 1, 9 and 287
respectively. Their GWPs are lower than some of the acceptable
substitutes for new IPAC, such as HFC-134a, R-410A, and R-507A with
GWPs of 1,430, 2,090 and 3,990 respectively. HFO-1234yf's GWP less than
four is comparable to or lower than that of other acceptable
substitutes for new IPAC, such as CO2, HFO-1336mzz(Z) and R-
515B with GWPs of 1, 9 and 287, respectively.
Information regarding the toxicity of other available alternatives
is provided in the listing decisions previously made (see https://www.epa.gov/snap/substitutes-chillers). Toxicity risks of use,
determined by the likelihood of exceeding the exposure limit, of HFO-
1234yf, HFC-32, and the four refrigerant blends in these end-uses are
evaluated in the risk screens referenced above. The toxicity risks of
using HFO-1234yf, HFC-32, and the four refrigerant blends in chillers
and IPAC are comparable to or lower than toxicity risks of other
available substitutes in the same end-uses. Toxicity risks of the
refrigerants can be minimized by use consistent with ASHRAE 15-2019--
which applies under the use conditions--and other industry standards,
recommendations in the manufacturers' SDS, and other safety precautions
common in the refrigeration and AC industry.
The flammability risks with HFO-1234yf, HFC-32, and the four
refrigerant blends in these end-uses, determined by the likelihood of
exceeding their respective lower flammability limits, are evaluated in
the risk screens referenced above. In conclusion, while these
refrigerants may pose greater
[[Page 26389]]
flammability risk than other available substitutes in the same end-
uses, this risk can be minimized by use consistent with ASHRAE 15-
2019--which applies for certain charge sizes under the use conditions--
and other industry standards such as UL 60335-2-40--which also applies
under the use conditions--as well as recommendations in the
manufacturers' SDS and other safety precautions common in the
refrigeration and AC industry. EPA is finalizing use conditions to
reduce the potential risk associated with the flammability of these
alternatives so that they will not pose significantly greater risk than
other acceptable substitutes in this end-use.
4. Why is EPA finalizing these specific use conditions?
The UL Standard 60335-2-40 discussed in section II.E indicates that
refrigerant charges greater than a specific amount (called
``m3'' in the UL Standard and based on the refrigerant's
LFL) are beyond its scope and that national standards apply, such as
ASHRAE 15-2019. Given that depending on the charge size of the
equipment, either UL 60335-2-40 or ASHRAE 15-2019 would apply, EPA is
including adherence to both standards as use conditions for chillers.
EPA is finalizing that chillers using HFO-1234yf, HFC-32, or one of
the four refrigerant blends must adhere to ASHRAE Standard 15-2019,
with all addenda published by the date of the NPRM for this rule,
including addenda a, b, c, d, e, f, i, j, k, m, n, o, q, and r. Where
the requirements specified in this final rule and ASHRAE Standard 15
are different, the requirements of this final rule would apply.
A summary of relevant aspects of ASHRAE 15-2019 is provided here
for information only. This is not meant to be a full explanation of the
Standard or how it is applied. ASHRAE 15-2019 specifies requirements
for refrigeration systems,\25\ including chillers, based on the safety
group classification of the refrigerant used, the type of occupancy in
the location for which the system is used, and whether refrigerant-
containing parts of the system enter the space or ductwork and so
leakage in the space is deemed ``probable.'' ``High-Probability''
installations are those such that leaks or failures will result in
refrigerant entering the occupied space. As explained above, HFO-
1234yf, HFC-32 and the four refrigerant blends are all classified as
A2L refrigerants. Occupancies are divided into six classifications:
institutional, public assembly, residential, commercial, large
mercantile, and industrial. Examples of these include jails, theaters,
apartment buildings, office buildings, shopping malls, and chemical
plants, respectively.
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\25\ We note that while the ASHRAE 15-2019 purpose indicates
``refrigeration systems,'' EPA believes this includes applications
that are typically called ``air conditioning.''
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Sections 7.2 and 7.3 of ASHRAE Standard 15 determine the maximum
amount of refrigerant allowed in the system, while section 7.4 provides
an option to locate equipment outdoors or in a machinery room
constructed and maintained under conditions specified in the standard.
Section 7.6 of ASHRAE Standard 15 addresses the refrigerants in this
proposal when used for human comfort in ``high-probability'' systems,
including requirements for nameplates, labels, refrigerant detectors
(under certain conditions), airflow initiation and other actions (if a
rise in refrigerant concentration is detected), and other restrictions.
In the interest of providing these ODS alternatives to industry
quickly, as requested by commenters, and achieving reductions in other,
less safe alternatives sooner, the Agency is finalizing use conditions
that incorporate by reference the ASHRAE 15-2019 edition, as proposed,
rather than a more recent version. EPA recognizes that ASHRAE 15 was
recently updated and republished in late 2022. This final rule
incorporates by reference all addenda published by the date of the
NPRM, as proposed. EPA intends to review the 2022 version of ASHRAE
Standard 15 and consider proposing revisions to the use conditions to
incorporate by reference the 2022 version of that standard in a future
notice and comment rulemaking.
EPA is finalizing the use conditions to ensure safe use of these
ODS alternatives regarding their flammability, toxicity, exposure, and
environmental effects. As discussed below, commenters generally
supported the use conditions. The use conditions identified in this
section above are explained below, in section II.E.1, in greater
detail.
5. What additional information is EPA including in these final
listings?
EPA is providing additional information related to these final
listings. Since this additional information is not part of the
regulatory decision under SNAP, these statements are not binding for
use of the substitute under the SNAP program. See section II.E.2 below
for further discussion on what additional information EPA is including
in these final listings. While the items listed are not legally binding
under the SNAP program, EPA encourages users of substitutes to apply
all statements in the ``Further Information'' column in their use of
these substitutes as best practices for safer use.
6. How is EPA responding to comments on chillers?
Comment: Carrier commented expressing their support of listing HFO-
1234yf, HFC-32, R-452B, R-454A, R-454B, and R-454C as acceptable in
chillers. Daikin described their support for listing HFC-32 and R-452B
as acceptable in positive displacement chillers. Daikin agreed with
``EPA's analysis of its application, and strongly supported the
Agency's proposal to approve R-32 under the SNAP program for the end
uses of new rotary and scroll comfort cooling and industrial process
air conditioning chillers.'' Daikin voiced strong support and
encouraged EPA to approve HFC-32 quickly.
Response: EPA thanks Carrier and Daikin for their support of these
listings in the chillers end-use. In this final rule, EPA is listing
HFO-1234yf, R-454A, R-454B, R-454C, HFC-32, and R-452B in all
centrifugal and positive displacement chillers for comfort cooling,
including both commercial AC and IPAC.
Comment: The Air-Conditioning, Heating, and Refrigeration Institute
(AHRI), Carrier, Multistack, and Chemours all commented that EPA should
not segment the chillers end-uses further by compressor type. Carrier
stated that such segmentation leads to unnecessary complexity, while
Multistack said it was likely to produce confusion regarding the
application of products. Chemours commented that segmentation by
compressor type may stifle innovation and create additional challenges
for equipment manufacturers and end users working to adopt lower-GWP
refrigerants. Chemours further stated that compressor type
differentiation should only occur when necessary, because of technology
limitations. Chemours also recommended that EPA remove references to
chillers for industrial process refrigeration (IPR) to avoid confusion,
as well as not distinguishing IPR equipment by compressor type.
Response: EPA acknowledges the concerns commenters expressed
regarding segmenting the current chillers end-uses by compressor types
for the proposed listings of HFC-32 and R-452B in scroll and rotary
chillers. After consideration of the comments received, in particular,
the concerns for innovation and unnecessary complexity
[[Page 26390]]
as summarized above, EPA agrees that such segmentation is not necessary
and could hinder the technical transition to lower-GWP refrigerants.
Moreover, EPA does not view segmentation in this instance as providing
any additional environmental benefit. Given EPA's understanding of the
comments and the SNAP program's historical precedent of grouping
together all positive displacement chillers despite their varying
compressor types, EPA is finalizing the listings for HFC-32 and R-452B
for all chillers rather than breaking out the listings by compressor
type for scroll and rotary chillers.
In response to Chemours's comment referencing IPR for chillers, EPA
acknowledges the complexities associated with breaking out IPR by
compressor type, similarly to chillers. EPA understands the standard UL
60335-2-40 to apply only to comfort cooling and not to process cooling
such as occurs in IPR. EPA may address additional substitutes for use
in IPR in future rulemakings. The reference to chillers used for IPR
remains in the preamble for this final rule to clarify that IPR is not
in the scope of listings in this rule.
Comment: Daikin commented on EPA's statement that ``EPA understands
that the UL standard [60335-2-40] applies to chillers used for comfort
cooling.'' Daikin went on to say ``that neither the scope statement nor
the body of this UL standard make any such restriction as to the
purpose of the heat pump, air-conditioner, or dehumidifier. Products
evaluated to this UL standard are not limited to applications for human
comfort and may also be applied to cool or heat various products or
processes.'' They suggested that if EPA has safety concerns for IPAC,
the Agency should include an ambient operating temperature limit of 140
[deg]F. Daikin addressed the suitability of HFC-32 in IPAC and IPR,
noting that ``EPA states in the preamble (87 FR 45514) that `HFC-32's .
. . GWP [is] higher than those of some of the acceptable substitutes
for new industrial process AC . . .', implying that HFC-32 is not
suitable for industrial process refrigeration. Regardless of whether
Daikin's SNAP information notice requested SNAP approval of HFC-32 in
the industrial process refrigeration application, HFC-32 is also
suitable for that application.''
Response: EPA acknowledges Daikin's concerns about the scope of UL
60335-2-40. Determining the coverage of UL standards to applications
not covered in this rule is outside the scope of this rulemaking.
However, for informational purposes in response to Daikin's comment,
the Agency is providing some additional information regarding UL 60335-
2-40. As described in NOTE 104 in UL 60335-2-40, ``This standard does
not apply to. . .
appliances designed exclusively for industrial processing;
appliances intended to be used in locations where special
conditions prevail, such as the presence of a corrosive or explosive
atmosphere (dust, vapour or gas).''
Based on EPA's review of standard UL 60335-2-40 and conversations
with UL, it is EPA's understanding that equipment for industrial
processing, included in the bullet points above, is not covered by this
standard, and instead is covered by UL 60335-2-89. Excluding equipment
designed solely for industrial processes limits the scope of UL 60335-
2-40 to chillers designed for commercial and industrial comfort
cooling. If a chiller in an industrial application is used mostly for
comfort cooling and also cools processes or industrial equipment, EPA
would consider it to fall under the SNAP end-use IPAC rather than IPR.
The listings for HFC-32, described in this section above, will apply to
these types of chillers on and after the effective date of this rule.
The discussion of ambient operating temperature for IPAC equipment
was included as part of the description of the end-use under SNAP,
providing an example of possible operating conditions. Any safety
concerns surrounding use of HFC-32 in this end-use are sufficiently
addressed by the use conditions that apply as described in section
II.E.1, below. EPA agrees with Daikin that HFC-32 is suitable for use
in IPAC, given that the Agency proposed to list HFC-32 as acceptable in
this end-use in SNAP NPRM 25 and is finalizing this listing in this
rulemaking.
Under SNAP, IPAC is considered comfort cooling equipment, as it
protects the operators in addition to process equipment. EPA's SNAP
program considers IPR equipment to be primarily for cooling of a
process or product, not primarily for comfort cooling. EPA has not
addressed or implied the suitability of HFC-32 for IPR in the NPRM or
in this final rule. Any comments on the suitability of HFC-32 in IPR
are outside the scope of the rulemaking. EPA is finalizing the listings
for HFC-32 in chillers used in comfort cooling for commercial and
industrial uses as described in this section of the preamble above.
Comment: AHRI and Chemours noted that some of EPA's risk screens
use the Worst Case of Fractionation for Flammability (WCFF) LFL values
for the refrigerant blends rather than the Worst Case of Formulation
for Flammability (WCF) when determining the lower flammability limit
and requested that EPA uses the WCF LFL values for purposes of
refrigerant risk analysis. Both commenters noted that UL 60335-2-40
uses the WCF LFL, but that ASHRAE 34-2019 uses the WCFF LFL for all of
the blends, except R-452B, in which case both ASHRAE 34 and EPA
reference the WCF LFL. The commenters stated that ASHRAE 34 plans to
update their WCFF LFL values to WCF LFL values in future editions of
the standard as a way to standardize LFLs going forward.
Response: EPA thanks the commenters for this information regarding
WCFF and WCF LFL values. The Agency has added a footnote to this
preamble acknowledging that this transition from using WCFF values to
WCF values is taking place. EPA will consider updating risk screens for
R-454A, R-454B, and R-454C in future rulemakings with more recent
versions of the ASHRAE standards, using the WCF LFL values. Given the
more conservative nature of WCFF LFL values over WCF LFL values, such
an update to the risk screens' flammability analysis would result in a
less conversative model. The determination of whether the LFL would be
exceeded in a catastrophic refrigerant release scenario may change if
using the WCF LFL values, possibly showing no flammability risk where
there may have been flammability risk previously.
Comment: Several citizens commented, acknowledging the safety of
using A2L refrigerants in terms of their flammability and risk to the
environment, especially relative to other alternatives available. These
commenters stated that EPA should proceed with listing these
refrigerants as acceptable.
Response: EPA thanks the commenters for their support of listing
the A2L refrigerants--HFO-1234yf and the refrigerants blends--as
acceptable. EPA agrees that these refrigerants pose lower overall risk
to human health and the environment, and thus we conclude it is
appropriate to move forward with finalizing the listings for these
refrigerants as described in the preamble above.
B. Residential Dehumidifiers--Listing of HFO-1234yf, HFC-32, R-452B, R-
454A, R-454B, and R-454C as Acceptable, Subject to Use Conditions, for
Use in New Residential Dehumidifiers
EPA previously listed HFO-1234yf as acceptable, subject to use
conditions in
[[Page 26391]]
motor vehicle AC in light-duty vehicles (74 FR 53445; October 19,
2009), in heavy-duty pickup trucks and complete heavy-duty vans (81 FR
86778; December 1, 2016) and in nonroad vehicles and service fittings
for small refrigerant cans (87 FR 26276; May 4, 2022). EPA previously
listed HFC-32 as acceptable, subject to use conditions, as a substitute
in residential and light commercial AC and HPs (80 FR 19454; April 10,
2015 and 86 FR 24444, May 6, 2021) and previously listed R-452B, R-
454A, R-454B, and R-454C (hereafter called ``the four refrigerant
blends'') as acceptable, subject to use conditions, as substitutes in
residential and light commercial AC and HPs (86 FR 24444; May 6, 2021).
This final rulemaking finds HFC-32, HFO-1234yf, and the four
refrigerant blends acceptable, subject to use conditions, as
substitutes in residential dehumidifiers. After consideration and
evaluation of the comments received by the Agency in response to the
NPRM, EPA is finalizing the listings for HFC-32, HFO-1234yf, R-452B, R-
454A, R-454B, and R-454C in residential dehumidifiers as proposed.
Several use conditions finalized for residential dehumidifiers are
common to those for other end-uses in section II.A, above, and II.D,
below. Because of this similarity, EPA discusses the use conditions
that would apply to all three end-uses in section II.E. For residential
dehumidifiers, those are the only use conditions EPA is finalizing and
require the following:
(1) New equipment only--These refrigerants may be used only in new
equipment designed specifically and clearly identified for the
refrigerant, i.e., none of these substitutes may be used as a
conversion or ``retrofit'' refrigerant for existing equipment.
(2) UL Standard--These refrigerants may be used only in residential
dehumidifiers that meet all requirements listed in the 3rd edition,
dated November 1, 2019, of UL Standard 60335-2-40, ``Household and
Similar Electrical Appliances--Safety--Part 2-40: Particular
Requirements for Electrical Heat Pumps, Air Conditioners and
Dehumidifiers'' (UL Standard). In cases where this final rule includes
requirements different from those of the 3rd edition of UL Standard
60335-2-40, the appliance must meet the requirements of the final rule
in place of the requirements in UL 60335-2-40, 3rd Edition. See section
II.E below for further discussion on the requirements of this standard
that EPA is incorporating by reference.
(3) Warning labels--Several warning labels are required as use
conditions as detailed in section II.E below. These labels are similar
or verbatim in language to those required by the UL Standard. The
warning labels must be provided in letters no less than 6.4 mm (\1/4\
inch) high and must be permanent.
(4) Markings--Equipment must have distinguishing red (PMS #185 or
RAL 3020) color-coded hoses and piping to indicate use of a flammable
refrigerant. The residential dehumidifier shall have marked service
ports, pipes, hoses and other devices through which the refrigerant is
serviced. Markings shall extend at least 1 inch (25mm) from the
servicing port and shall be replaced if removed.
EPA notes that there may be other requirements pertaining to the
manufacture, use, handling, and disposal of the refrigerants that are
not included in the information listed in the tables (e.g., the CAA
section 608(c)(2) venting prohibition or Department of Transportation
requirements for transport of flammable gases). Flammable refrigerants
being recovered or otherwise disposed of from residential dehumidifiers
are likely to be hazardous waste under RCRA (see 40 CFR parts 260-270).
1. Background on Residential Dehumidifiers
Residential dehumidifiers are primarily used to remove water vapor
from ambient air or directly from indoor air for comfort or material
preservation purposes in the context of the home.\26\ While AC systems
often combine cooling and dehumidification, this end-use only serves
the latter purpose and is often used in homes for comfort purposes.
This equipment is self-contained and circulates air from a room, passes
it through a cooling coil, and collects condensed water for disposal.
Residential dehumidifiers fall under the scope of the UL 60335-2-40
standard ``Household and Similar Electrical Appliances--Safety--Part 2-
40: Requirements for Electrical Heat Pumps, Air Conditioners and
Dehumidifiers.''
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\26\ SNAP regulations (see 40 CFR 82.172) define residential use
as use by a private individual of a chemical substance or any
product containing the chemical substance in or around a permanent
or temporary household, during recreation, or for any personal use
or enjoyment. Use within a household for commercial or medical
applications is not included in this definition, nor is use in
automobiles, watercraft, or aircraft.
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Some dehumidifiers for residential or light commercial use are
integrated with the space air conditioning equipment, for instance via
a separate bypass in the duct through which air is dehumidified, a
dehumidifying heat pipe across the indoor coil, or other types of
energy recovery devices that move sensible and/or latent heat between
air streams (e.g., between incoming air and air vented to the outside).
EPA classifies this application as a component of a residential or
light commercial AC system or HP. As such, EPA has already listed HFC-
32 as acceptable for such uses, subject to the use conditions specified
in SNAP Rule 23 (86 FR 24444; May 6, 2021).
This final rulemaking finds HFO-1234yf, HFC-32, and the four
refrigerant blends acceptable, subject to use conditions, in self-
contained residential dehumidifiers. Note that dehumidifiers for
residential or light commercial use that are integrated with AC
equipment (i.e., not self-contained) are not addressed in this listing
because EPA classifies that type of equipment as residential or light
commercial AC and HPs.
2. What are the ASHRAE classifications for refrigerant flammability?
HFO-1234yf and HFC-32 are lower flammability refrigerants, and the
four refrigerant blends are lower flammability refrigerant blends, all
with an ASHRAE safety classification of A2L. See section II.A.2 above
for further discussion on ASHRAE classifications.
3. What are HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and R-454C and
how do they compare to other refrigerants in the same end-use?
See section II.A.3 above for further discussion on the
environmental, flammability, toxicity, and exposure information for
these refrigerants.
[[Page 26392]]
Redacted submissions and supporting documentation for HFO-1234yf,
HFC-32 and the four refrigerant blends are provided in the docket for
this proposed rule (EPA-HQ-OAR-2021-0836) at https://www.regulations.gov. EPA performed an assessment to examine the health
and environmental risks of each of these substitutes. These assessments
are available in the docket for this final
rule.27 28 29 30 31 32
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\27\ ICF, 2022g. Risk Screen on Substitutes in Residential
Dehumidifiers (New Equipment); Substitute: HFC-32.
\28\ ICF, 2022h. Risk Screen on Substitutes in Residential
Dehumidifiers (New Equipment); Substitute: R-452B.
\29\ ICF, 2022i Risk Screen on Substitutes in Residential
Dehumidifiers (New Equipment); Substitute: R-454A.
\30\ ICF, 2022j. Risk Screen on Substitutes in Residential
Dehumidifiers (New Equipment); Substitute: R-454B.
\31\ ICF, 2022k. Risk Screen on Substitutes in Residential
Dehumidifiers (New Equipment); Substitute: R-454C.
\32\ ICF, 2022l. Risk Screen on Substitutes in Residential
Dehumidifiers (New Equipment); Substitute: HFO-1234yf.
---------------------------------------------------------------------------
Comparison to other substitutes in this end-use: HFO-1234yf, HFC-
32, and the four refrigerant blends all have an ODP of zero, comparable
to or lower than some of the acceptable substitutes in new residential
dehumidifiers, such as HFC-134a, R-410A, and R-513A, with ODPs of zero.
HCFC-22 and R-406A (a blend of HCFC-22 and HCFC-142b) have ODPs of
0.055 and 0.057, respectively, and are listed as acceptable in new
residential dehumidifiers. However, HCFC-22 and HCFC-142b are
controlled substances under Title VI of the CAA and (unless used,
recovered, and recycled) may not be used as a refrigerant in equipment
manufactured on or after January 1, 2010, under 40 CFR
82.15(g)(2)(i).\33\ Under 40 CFR 82.16, EPA has not issued any
production and consumption allowances for HCFC-22 and HCFC-142b (which
is a component of R-406A, along with HCFC-22) since 2019.
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\33\ The regulations at 40 CFR 82.15(g)(2)(ii) provide limited
exceptions to the prohibitions in 82.15(g)(2)(i), including for
HCFC-22 ``for use as a refrigerant in appliances manufactured before
January 1, 2012, provided that the components are manufactured prior
to January 1, 2010, and are specified in a building permit or a
contract dated before January 1, 2010, for use on a particular
project.''
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HFO-1234yf, R-454A, R-454B, and R-454C have GWPs ranging up to
about 470, lower than all the acceptable substitutes for new
residential dehumidifiers, including R-513A and R-410A with GWPs of 630
and 2,090, respectively. HFC-32 and R-452B have GWPs of 675 and 700,
respectively, which are lower than some of the other acceptable
substitutes for new residential dehumidifiers, such as HFC-134a, R-
410A, and R-507A with GWPs of 1,430, 2,090 and 3,990 respectively, but
higher than R-513A, with a GWP of about 630.
Information regarding the toxicity of other available alternatives
is provided in the previous listing decisions for new residential
dehumidifiers (https://www.epa.gov/snap/substitutes-residential-dehumidifiers). Toxicity risks of use, determined by the likelihood of
exceeding the exposure limit, of HFO-1234yf, HFC-32, and the four
refrigerant blends in these end-uses are evaluated in the risk screens
referenced above. The toxicity risks of using HFO-1234yf, HFC-32, and
the four refrigerant blends in new residential dehumidifiers are
comparable to or lower than toxicity risks of other available
substitutes in the same end-use. Toxicity risks of the refrigerants can
be mitigated by use consistent with ASHRAE 15 and other industry
standards, recommendations in the manufacturers' SDS, and other safety
precautions common in the refrigeration and AC industry.
The flammability risk with HFO-1234yf, HFC-32, and the four
refrigerant blends in the new residential dehumidifiers end-use,
determined by the likelihood of exceeding their respective lower
flammability limits, are evaluated in the risk screens referenced in
this section above. While these refrigerants may pose greater
flammability risk than other available substitutes in the new
residential dehumidifiers end-use, this risk can be mitigated by use
consistent with ASHRAE 15 and UL 60335-2-40--which are applicable under
the use conditions--as well as recommendations in the manufacturers'
SDS and other safety precautions common in the refrigeration and AC
industry. EPA is finalizing use conditions to reduce the potential risk
associated with the flammability of these alternatives so that they
will not pose significantly greater risk than other acceptable
substitutes in the new residential dehumidifiers end-use.
4. Why is EPA finalizing these specific use conditions?
EPA is finalizing listing HFO-1234yf, HFC-32 and the four
refrigerant blends as acceptable, subject to use conditions, for use in
residential dehumidifiers for new equipment. EPA is finalizing the use
conditions to ensure safe use of these ODS alternatives regarding their
flammability, toxicity, exposure, and environmental effects. As
discussed below, commenters generally supported the use conditions. The
use conditions identified in this section above are explained below in
section II.E.1 in greater detail.
5. What additional information is EPA including in these final
listings?
EPA is providing additional information related to these final
listings. Since this additional information is not part of the
regulatory decision under SNAP, these statements are not binding for
use of the substitute under the SNAP program. See section II.E.2 below
for further discussion on what additional information EPA is including
in these final listings. While the items listed are not legally binding
under the SNAP program, EPA encourages users of substitutes to apply
all statements in the ``Further Information'' column in their use of
these substitutes as best practices for safer use.
6. How is EPA responding to comments on residential dehumidifiers?
Comment: Several commenters (AprilAire, the Association of Home
Appliance Manufacturers (AHAM), Competition Advocates, GE Appliances/
Hair, and Madison Indoor Air Quality (MIAQ)) voiced general support for
the proposed listing of HFC-32 as acceptable, subject to use
conditions, in residential dehumidifiers. AHAM noted the industry is
``already in the process of transitioning to lower GWP refrigerants for
these products and prefers a national regulatory framework under which
it can operate with a clear path to compliances.'' Competition
Advocates commented on their SNAP application for HFC-32 in residential
dehumidifiers and noted the importance of transitioning to lower-GWP
alternatives. ``SNAP approval of R-32 use in residential dehumidifiers
will allow the direct and indirect climate benefits of this lower GWP
and more energy efficient refrigerant to be realized as consumers
purchase and use these products.'' GE Appliances commented that they
filed a SNAP application for the use of HFC-32 in residential
dehumidifiers and noted support for SNAP Rule 25, urging EPA to move
quickly in finalizing. MIAQ additionally expressed their support for
listing R-454B as acceptable in the end-use.
Response: EPA acknowledges these commenters' general support for
the proposed listings for HFC-32 and R-454B in residential
dehumidifiers, and appreciates the additional information provided by
AHAM and Competition Advocates on the transition to lower-GWP
refrigerants. EPA agrees with these comments and is aware that industry
has already started this transition. After
[[Page 26393]]
considering all the public comments on this proposal, we are finalizing
these listings as described in this section, II.B.
Comment: AHRI, Carrier, Chemours, Desert-Aire, and MIAQ suggested
that ``EPA may wish to incorporate residential and non-residential
dehumidifiers into the currently used SNAP category of Residential and
Light Commercial Air Conditioning and Heat Pumps,'' as all these
products are developed together through UL 60335-2-40 (AHRI). MIAQ also
recommended EPA ``revise and clarify the classification of different
types of dehumidifiers to align with the definitions in the U.S.
Department of Energy (DOE) test procedure at 10 Code of Federal
Regulations (CFR) 430, Subpart B, Appendix X1 or in 10 CFR 430.2 and
that the CFR definitions take precedence and may be modified by DOE.''
Response: EPA thanks the commenters for their suggestions on how to
classify dehumidification equipment. EPA is finalizing the listings for
residential dehumidifiers as proposed. For a discussion on how EPA has
decided to categorize dehumidification equipment, see the Agency's
response to comment included in section II.C.2, below.
C. Non-Residential Dehumidifiers--Decision Not To Finalize the Proposed
Listing of HFC-32 as Acceptable, Subject to Use Conditions, for Use in
New Non-Residential Dehumidifiers
After review of comments, EPA agrees that a new non-residential
end-use is not necessary. Therefore, EPA is not finalizing the proposed
listing of HFC-32 as acceptable, subject to use conditions for use in a
new end-use for new non-residential dehumidifiers and instead is
clarifying that SNAP considers dehumidifiers for non-residential use to
fall under the residential and light commercial AC and HPs end-use.
HFC-32 has previously been listed as acceptable for use in this end-
use.
1. Why is EPA not finalizing the proposal to list HFC-32 as acceptable,
subject to use conditions, in new non-residential dehumidifiers?
After review of the comments received relating to the creation of
the non-residential end-use, EPA determined finalizing this section of
the proposal is unnecessary. Commenters stated that before the NPRM,
industry understood dehumidifiers in a commercial, or other non-
residential, context to be covered by the end-use residential and light
commercial AC and HPs. If EPA were to finalize this new end-use, it
would cause unnecessary confusion regarding which end-use certain
dehumidification equipment would be covered by under the SNAP program.
Given that dehumidifiers are covered by the same UL Standard as
equipment included in residential and light commercial AC and HPs, and
that charge sizes and room sizes are similar to light commercial AC
systems, EPA considers the risk profile of non-residential
dehumidifiers when using flammable refrigerants to be similar to that
of other equipment in that end-use.\34\ Thus, in light of these
comments and EPA's reflection on the current listings, standards, and
the lack of any additional environmental protection provided by a
separate listing for these dehumidifiers, EPA has determined that it is
not necessary to list non-residential dehumidifiers as a separate end-
use. Instead, with today's action, EPA is clarifying that SNAP
considers the equipment described in the non-residential dehumidifier
section of the NPRM to be part of the SNAP end-use residential and
light commercial AC and HPs, with alternatives listed acceptable
previously in that end-use applying to dehumidifiers used in non-
residential settings.
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\34\ ICF, 2023a. Risk Screen on Substitutes in Residential and
Light Commercial Air Conditioning and Heat Pumps (New Equipment);
Substitute: HFC-32 (Difluoromethane).
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2. How is EPA responding to comments on non-residential dehumidifiers?
Comment: Anden, a manufacturer of agricultural dehumidifiers,
commented in support of listing HFC-32 as acceptable in the non-
residential dehumidifiers end-use. In contrast, AHRI, Carrier,
Chemours, Desert-Aire, and MIAQ submitted comments disagreeing with the
proposed creation of a new non-residential dehumidifier end-use and the
proposed listing of HFC-32 as the only refrigerant acceptable for this
type of equipment.
Chemours commented requesting EPA not to finalize creation of the
new non-residential dehumidifiers end-use, given that industry has been
classifying this type of equipment under residential and light
commercial AC and HPs up until SNAP NPRM 25, and that the transition to
lower-GWP options for non-residential dehumidifiers relies heavily on
the availability of substitutes already listed acceptable in this end-
use. Chemours goes on to discuss how it would be a large burden on
stakeholders to resubmit SNAP applications for all the alternatives
listed in residential and light commercial AC and HPs, and disruption
of the current manufacturing of OEMs who had been operating under the
assumption that certain refrigerants were allowed for use in their non-
residential dehumidifier equipment that will no longer be acceptable if
this end-use creation is finalized. MIAQ also suggested classifying
non-residential dehumidifiers (or ``non-consumer dehumidifiers'') as
part of the residential and light commercial AC and HPs end-use.
AHRI and Desert-Aire commented suggesting EPA to include all
dehumidifiers (both for residential and non-residential applications)
into the existing residential and light commercial AC and HPs end-use,
given that these equipment types are all covered under the same UL
60335-2-40 standard.
As mentioned above in section II.B, AHRI, Carrier, Chemours,
Desert-Aire, and MIAQ suggested combining both the residential
dehumidifiers and non-residential dehumidifiers end-uses into one end-
use, ``dehumidifiers.'' MIAQ commented recommending that EPA adopt
DOE's definition of consumer product dehumidifiers, into the two
subcategories of ``whole home'' and ``portable.'' MIAQ also suggested
defining non-residential dehumidifiers as dehumidifiers that are not
consumer products. Carrier, Chemours, Desert-Aire, and MIAQ also
suggested that the five refrigerants being finalized in this rulemaking
for residential dehumidifiers--HFO-1234yf, R-452B, R-454A, R-454B, and
R-454C--should also be listed for non-residential dehumidifiers.
Desert-Aire cited similarities in the use-cases of the end-uses as
justification for including these refrigerants in both end-uses. MIAQ
further suggested allowing all previous refrigerants listed as
acceptable under residential dehumidifiers to be applied to all types
of dehumidifiers. Chemours and MIAQ cited certain equipment that cannot
clearly be placed into either residential and light commercial AC and
HPs or non-residential dehumidifiers based on the definitions proposed
by EPA, including dehumidifiers that are ducted into an HVAC system and
can be run entirely independently of any AC.
Response: EPA acknowledges the commenters' varied suggestions on
the best path forward regarding dehumidification equipment
classification. It is clear from EPA's review of the myriad comments
received that the non-residential dehumidifier end-use as proposed is
not necessary and that industry's understanding, previously to the
proposed rule, was that non-residential dehumidifiers were part of the
residential and light commercial AC and
[[Page 26394]]
HPs end-use. Moreover, if EPA had finalized this provision as proposed,
it may have resulted in a review of other listed refrigerants to ensure
that sufficient refrigerant options were available for this type of
equipment. EPA agrees that by including non-residential dehumidifying
equipment in an existing end-use, there will be sufficient refrigerant
options available for this type of equipment. Thus, EPA has decided not
to finalize the proposed creation of a new non-residential
dehumidifiers end-use. Instead, EPA concludes that all dehumidifiers
for use in non-residential settings are appropriately covered under the
existing residential and light commercial AC and HPs end-use. Based on
the action EPA is taking today, manufacturers of self-contained
dehumidifiers for use in non-residential settings will be able to use
HFC-32, as well as other substitutes that are listed as acceptable in
the residential and light commercial AC and HPs end-use.
EPA acknowledges the suggestion to combine all dehumidifiers,
including the current residential dehumidifiers end-use, with the
residential and light commercial AC and HPs end-use. These types of
equipment are covered by the same safety standards and also have
significant overlap in their risk profiles. EPA notes that the Agency
has in the past separated residential dehumidifiers from residential
AC, stating that ``While air conditioning systems often combine cooling
and dehumidification, this application [residential dehumidifiers]
serves only the latter purpose'' (March 18, 1994; 59 FR at 13071) and
``. . . we use the term `air conditioner' and `AC' to cover equipment
that cools air, heats air, or has the function to do both (typically
referred to as a `heat pump'). While such equipment might humidify or
dehumidify the air, the term does not include equipment whose purpose
is for latent cooling only (i.e., dehumidifiers), which are a separate
end-use under SNAP'' (June 12, 2020; 85 FR at 35880). EPA has not made
comparable statements to separate commercial or industrial comfort
cooling from commercial or industrial dehumidification, but neither has
the Agency said before that these are in the same end-use. EPA may
consider combining residential dehumidifiers with the residential and
light commercial AC and HPs end-use in a future rulemaking, to give the
public sufficient notice and opportunity to comment before potentially
making such a change to the existing end-uses.
Similarly, if EPA were to consider combining residential
dehumidifiers with non-residential dehumidifiers, creating a general
``dehumidifiers'' end-use, we would also take this action through
notice-and-comment rulemaking. Although these equipment types are also
similar, EPA believes that the ``light commercial'' aspect of the
residential and light commercial AC and HPs end-use better covers the
risk profile of non-residential dehumidifiers. These types of equipment
are all covered by the UL 60335-2-40 safety standard and have
significant overlap in their risk profiles because of similar room
sizes and charge sizes required for self-contained ACs and HPs and
dehumidifiers used in non-residential settings.
Concerning the suggestion that EPA's SNAP program use DOE's
definitions for dehumidifiers, EPA understands that consistency in
equipment definitions between agencies is useful for stakeholders.
However, EPA and DOE operate under separate authorities and in this
context, these authorities have separate goals. Currently, the DOE's
definitions of ``whole home'' versus ``portable'' dehumidifiers are
similar to the SNAP definitions. EPA describes ``whole home''
dehumidifiers as ducted equipment, covered by the residential and light
commercial AC and HPs end-use, while ``self-contained'' dehumidifiers,
roughly equivalent to DOE's ``portable'' dehumidifiers, are covered by
the residential dehumidifier end-use. DOE also defines equipment by
user, describing equipment as either ``consumer'' or ``non-consumer''
products, whereas EPA's definitions reference whether or not the
equipment is used in residential contexts. In this final rule, EPA is
describing dehumidification equipment independently of DOE. However,
EPA may consider taking action through a notice-and-comment rulemaking
at a future date to adopt new definitions.
While the suggestion to list the same six refrigerants proposed in
the residential dehumidifiers end-use in the non-residential
dehumidifiers end-use would provide more than HFC-32 as an option for
the equipment, by including non-residential dehumidifiers in the
residential and light commercial AC and HPs end-use, many more
refrigerant options, beyond the six discussed, will be available.
D. Residential and Light Commercial AC and Heat Pumps (HPs)--Revision
of Use Conditions Provided in the Previous Listing of HFC-32 as
Acceptable for Use in New Self-Contained Room ACs and HPs
EPA previously listed HFC-32 as acceptable, subject to use
conditions, in new self-contained room ACs and HPs in SNAP Rule 19 (80
FR 19461; April 10, 2015). In this action we are finalizing updates to
applicable use conditions for new self-contained room ACs and HPs using
HFC-32 to be consistent with the use conditions finalized in SNAP Rule
23 (86 FR 24444; May 6, 2021). EPA proposed replacing the previously
required use conditions in compliance with UL 484 Standard, 8th
Edition, with updated use conditions in compliance with UL 60335-2-40
Standard, 3rd Edition, effective 30 days after publication of the final
rule. However, after review of the comments received, EPA has decided
that manufacturers will be allowed to manufacture such equipment either
according to UL 484, 8th Edition or according to UL 60335-2-40, 3rd
Edition on or after the effective date of this final rule up to and
including January 1st, 2024. Beginning January 2nd, 2024, UL will
sunset UL 484 and only warning labels in compliance with UL 60335-2-40
will be permitted. Equipment manufactured before the effective date of
this final action in compliance with the SNAP requirements applicable
at the time of manufacture will remain in compliance.
1. Background on Self-Contained Room ACs and HPs
The residential and light commercial AC and HPs end-use includes
equipment for cooling air in individual rooms, in single-family homes,
and sometimes in small commercial buildings. This end-use differs from
commercial comfort AC, which uses chillers that cool water that is then
used to cool air throughout a large commercial building, such as an
office building or hotel. Examples of equipment for residential and
light commercial AC and HPs include:
Central ACs, also called unitary AC or unitary split
systems. These systems include an outdoor unit with a condenser and a
compressor, refrigerant lines, an indoor unit with an evaporator, and
ducts to carry cooled air throughout a building. Central heat pumps are
similar but offer the choice to either heat or cool the indoor space.
These systems are not addressed in this rule.\35\
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\35\ EPA has received submissions for HFC-32 and the hydrocarbon
blends R-441A and R-443A, and no other flammable refrigerants, in
new unitary central air conditioners. This action does not address
flammable refrigerants in unitary central air conditioners.
Introduction into interstate commerce of refrigerants without giving
timely and adequate notice to EPA is in violation of Section 612(e)
of the CAA and the SNAP regulations at 40 CFR part 82, subpart G.
---------------------------------------------------------------------------
Multi-split ACs. These systems include one or more outdoor
unit(s) with a condenser and a compressor and
[[Page 26395]]
multiple indoor units, each of which is connected to the outdoor unit
by refrigerant lines. These systems are not addressed in this rule.
Mini-split ACs. These systems include an outdoor unit with
a condenser and a compressor and a single indoor unit that is connected
to the outdoor unit by refrigerant lines. Cooled air exits directly
from the indoor unit rather than being carried through ducts. These
systems are not addressed in this rule.
Window ACs. These are self-contained units that fit in a
window with the condenser extending outside the window. These types of
units are regulated under this rule.
Packaged terminal ACs (PTACs) and packaged terminal HPs
(PTHPs). These are self-contained units that consist of a separate, un-
encased combination of heating and cooling assemblies mounted through a
wall.\36\ These types of units are regulated under this rule.
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\36\ PTACs are intended for use in a single room, or potentially
for two rooms next to each other, and use no external refrigerant
lines. Typical applications include motel or dormitory air
conditioners.
---------------------------------------------------------------------------
Portable room ACs. These are self-contained, factory-
sealed, single package units that are designed to be moved easily from
room to room and are intended to provide supplemental cooling within a
room. These units typically have wheels or casters for portability and,
under the UL 484 Standard for room ACs, must have a fan which operates
continuously when the unit is on. Portable room ACs may contain an
exhaust hose that can be placed through a window or door to eject heat
to the outside. These types of units are regulated under this rule.
Of these types of equipment, window ACs, PTACs, PTHPs, and portable
room ACs are self-contained equipment with the condenser, compressor,
evaporator, and tubing all within casing in a single unit. These are
the types of equipment for which EPA previously listed HFC-32 as
acceptable, subject to use conditions, as codified in appendix R to 40
CFR part 82, subpart G.
2. What are the ASHRAE classifications for refrigerant flammability?
See section II.A.2 above for further discussion on ASHRAE
classifications.
3. What is HFC-32 and how does it compare to other refrigerants in the
same end-use?
See section II.A.3 above for further discussion on the
environmental, flammability, toxicity, and exposure information for
HFC-32.
Redacted submissions and supporting documentation for HFC-32 is
provided in the docket for this proposed rule (EPA-HQ-OAR-2021-0836) at
https://www.regulations.gov. EPA performed an assessment to examine the
health and environmental risks of HFC-32. This assessment is available
in the docket for this final rule.\37\
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\37\ ICF, 2022n. Risk Screen on Substitutes in Residential and
Light Commercial Air Conditioning and Heat Pumps (New Equipment);
Substitute: HFC-32 (Difluoromethane).
---------------------------------------------------------------------------
Comparison to other substitutes in this end-use: HFC-32 has an ODP
of zero, the same as other acceptable substitutes in this end-use, such
as R-290, HFC-134a, R-410A, and R-513A, with ODPs of zero.
HFC-32 has a GWP of 675, higher than some of the acceptable
substitutes for residential and light commercial air conditioning and
heat pumps, including ammonia absorption, R-290, and R-454B with GWPs
of zero, three, and about 470, respectively. HFC-32's GWP is lower than
some of the acceptable substitutes for residential and light commercial
air conditioning and heat pumps, such as R-452B, HFC-134a, and R-410A,
with GWPs of approximately 700, 1,430, and 2,090, respectively.
Information on the toxicity and flammability risk of HFC-32 in this
end-use category was provided in SNAP Rule 19. In summary, EPA found
the toxicity risks of HFC-32 to be comparable to or lower than other
acceptable alternatives. Although we noted that the flammability risk
of HFC-32 may be greater than that of other available, nonflammable
substitutes in the same end-use, we found that those risks are not
significant even under worst-case assumptions. These risks of HFC-32
are similar to the risks of other flammable refrigerants found
acceptable for this end-use category in SNAP Rule 23 (i.e., R-452B, R-
454A, R-454B, R-454C, and R-457A). We noted there that this risk can be
minimized by use consistent with industry standards such as UL 60335-2-
40--which would be required by our proposed revision to the use
conditions--and other industry standards, such as ASHRAE 15, as well as
recommendations in the manufacturers' SDS and other safety precautions
common in the refrigeration and air conditioning industry. The updates
to the use conditions proposed maintain the low potential risk
associated with the flammability of this alternative so that it will
not pose significantly greater risk than other acceptable substitutes
in this end-use category.
4. What use conditions previously applied to this refrigerant in this
end-use category?
EPA previously found HFC-32 acceptable, subject to use conditions,
in new residential and light commercial AC for self-contained room AC
units, including PTAC units, PTHPs, window AC and HP units, and
portable AC units, designed for use in a single room in SNAP Rule 19
(80 FR 19454; April 10, 2015). Those requirements are codified in
appendix R of 40 CFR part 82, subpart G. EPA provided information on
the environmental and health properties of HFC-32 and the various
substitutes available at that time for use in this end-use.
Additionally, EPA's risk screen for this refrigerant is available in
the docket for this previous rulemaking (EPA-HQ-OAR-2013-0748).
HFC-32 has an ASHRAE classification of A2L, indicating that it has
low toxicity and lower flammability. The flammability risks are of
potential concern because residential ACs and HPs traditionally used
refrigerants that are not flammable. In the presence of a higher energy
ignition source (e.g., lighted match or a cigarette lighter), an
explosion or a fire could occur if the concentration of HFC-32 were to
exceed the LFL of 144,000 ppm by volume. In the preamble for the
original listing for three flammable refrigerants, including HFC-32 and
two A3 refrigerants, in self-contained ACs and HPs in SNAP Rule 19, EPA
had described lower energy ignition sources (e.g., static electricity,
a spark resulting from a closing door, or a cigarette) as possible
ignition sources that were appropriate for the two A3 refrigerants, but
not for HFC-32. This same description of ignition sources was used in
the preamble of the July 2022 NPRM for this rule and it was not revised
from the original listing in SNAP Rule 19 to only apply to HFC-32.
After considering comments received on the proposal, in this preamble
to the final rule, EPA is clarifying that A2Ls such as HFC-32 require
greater energy input for ignition than previously described, and that a
higher energy source, such as a lighted match, would be necessary.
Previously, to address flammability, EPA listed HFC-32 as
acceptable in new self-contained room AC units, subject to use
conditions. The previous use conditions addressed safe use of this
flammable refrigerant and included incorporation by reference of
Supplement SA to the 8th edition (August 2, 2012) of UL Standard 484,
refrigerant charge size limits based on cooling capacity and type of
equipment, and requirements for markings and
[[Page 26396]]
warning labels on equipment using the refrigerant to inform consumers
and technicians of potential flammability hazards. Without appropriate
use conditions, the flammability risk posed by this refrigerant could
be higher than non-flammable refrigerants because individuals may not
be aware that their actions could potentially cause a fire, and because
the refrigerant could be used in existing equipment that has not been
designed specifically to minimize flammability risks. Our assessment
and listing decisions in SNAP Rule 19 (80 FR 19454; April 10, 2015)
found that with the use conditions, the overall risk of this
substitute, including the risk due to flammability, does not present
significantly greater risk in the end-use than other substitutes that
are currently or potentially available for that same end-use.
5. What updates to the use conditions is EPA finalizing?
EPA is finalizing the proposed updates to the use conditions that
apply to HFC-32 in new self-contained room ACs and HPs for equipment
manufactured after the effective date of this final rule, with the
change from proposal that UL 484 may continue to be used up to and
including its official sunset date, per UL, of January 1st, 2024. In
the time between the effective date of this final rule and January 1st,
2024, manufacturers will be allowed to follow either UL 484, 8th
Edition or UL 60335-2-40, 3rd Edition. The period during which
manufacturers may follow either standard provides sufficient time for
manufacturers to transition from UL 484 to UL 60335-2-40. EPA is making
this change after considering public comment on the timing for the
adopting UL 60335-2-40, discussed further below in this section.
Several of the updated use conditions finalized for self-contained room
ACs and HPs are common to those finalized for other end-uses in
sections II.A and II.B above. Because of this similarity, EPA discusses
the use conditions that apply to all three end-uses in section II.E.
For HFC-32 in self-contained room ACs and HPs, these are the use
conditions EPA is finalizing. In summary, with the updates finalized,
the use conditions are the following:
(1) New equipment only--This refrigerant may only be used in new
equipment designed specifically and clearly identified for the
refrigerant, i.e., this substitute may not be used as a conversion or
``retrofit'' refrigerant for existing equipment. This use condition is
the same as what currently exists for HFC-32 in this end-use category.
(2) UL Standard--This refrigerant (i.e., in this case, HFC-32) may
be used only in equipment (i.e., in this case, self-contained room ACs
and HPs) that meet all requirements listed either (a) in the 3rd
edition, dated November 1, 2019, of UL Standard 60335-2-40, ``Household
and Similar Electrical Appliances--Safety--Part 2-40: Particular
Requirements for Electrical Heat Pumps, Air Conditioners and
Dehumidifiers'' (UL Standard) or (b) in Supplement SA to the 8th
edition, dated August 2nd, 2012, of UL 484, ``Room Air Conditioners.''
In cases where this final rule includes requirements different than
those of the 3rd edition of UL Standard 60335-2-40 or of Appendix SA in
the 8th edition of UL 484, EPA is requiring that the appliance would
need to meet the requirements of this final rule in place of the
requirements in the UL Standards. See section II.E below for further
discussion on the requirements of the UL 60335-2-40 standard that EPA
is incorporating by reference. This change in the use conditions allows
the standard to which the equipment must adhere to be either Supplement
SA to the 8th edition, dated August 2nd, 2012, of UL Standard 484,
``Room Air Conditioners'' or the 3rd edition of UL 60335-2-40 until the
UL 484 standard sunsets on January 1st, 2024. After that date, self-
contained room ACs and HPs must follow the 3rd edition of UL 60335-2-
40.\38\
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\38\ EPA anticipates that we may propose to further update this
use condition to more recent editions of the UL 60335-2-40 standard
in a future rulemaking and may consider allowing more than one
edition to be used during a specified time period.
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(3) Warning labels--Several warning labels were proposed as use
conditions as detailed in section II.E below for equipment being
designed in compliance with UL 60335-2-40. However, the previously
required warning labels in compliance with UL 484 will also be
acceptable through January 1st, 2024. Therefore, manufacturers will be
allowed to manufacture such equipment either according to UL 484, 8th
Edition or according to UL 60335-2-40, 3rd Edition on or after the
effective date of this final rule up to and including January 1st,
2024; after this date, UL will sunset UL 484 and only UL 60335-2-40
will apply. Beginning January 2nd, 2024, only warning labels in
compliance with UL 60335-2-40 will be permitted. Equipment manufactured
before the effective date of this final action in compliance with the
SNAP requirements applicable at the time of manufacture will remain in
compliance. Equipment designed in compliance with either UL standard
will be required to use warning label language that aligns with that
standard using the font size specified by SNAP regulatory requirements.
These labels are similar in language to those required by UL standards
484, 8th Edition and 60335-2-40, 3rd Edition. The warning labels must
be provided in letters no less than 6.4 mm (\1/4\ inch) high and must
be permanent. While the font size is the same as in the use conditions
that currently apply, several revisions to the labels and the language
in them have changed for manufactures opting to adhere with the 3rd
edition of UL 60335-2-40.
(4) Markings--Equipment must have distinguishing red (PMS #185 or
RAL 3020) color-coded hoses and piping to indicate use of a flammable
refrigerant. The equipment shall have marked service ports, pipes,
hoses, and other devices through which the refrigerant is serviced.
Markings shall extend at least one inch (25 mm) from the servicing port
and shall be replaced if removed. This use condition is the same as
what currently exists for HFC-32 in this end-use category.
The amendment to the regulatory text in appendix R is to indicate
that the use conditions finalized apply to HFC-32 self-contained room
AC units manufactured on or after the effective date of this final
rule, May 30, 2023. Equipment manufactured before the effective date of
the final rule is not affected by this action and is hence subject to
the use conditions included in appendix R at the time they were
manufactured. The finalized revisions to the current regulatory text
update the use conditions that were included in the previous listing
decision for HFC-32 in self-contained room ACs and HPs. EPA notes that
there may be other requirements pertaining to the manufacture, use,
handling, and disposal of the refrigerants that are not included in the
information listed in the tables (e.g., the CAA section 608(c)(2)
venting prohibition,\4\ or Department of Transportation requirements
for transport of flammable gases). Flammable refrigerants being
recovered or otherwise disposed of from residential and light AC
appliances are likely to be hazardous waste under RCRA (see 40 CFR
parts 260-270).
6. How do the updated use conditions differ from the previous
requirements and why is EPA finalizing the change to the use
conditions?
For manufacturers that adhere to UL 60335-2-40, 3rd Edition, the
updated use conditions EPA is finalizing are similar to the ones that
already exist in
[[Page 26397]]
appendix R of 40 CFR part 82, subpart G for HFC-32 in this end-use
category. The final requirements that HFC-32 must be used in new
equipment only and must include red markings at service ports are
repeated in this final listing. Existing room ACs using HFC-32
manufactured before the effective date of this final rule are not
affected by the updated use conditions. In addition, manufacturers may
opt to continue to adhere to the requirements in UL 484, 8th Edition up
to and including its sunset date of January 1st, 2024. After this date,
the use conditions that require adherence solely with UL 60335-2-40,
3rd Edition, described below and in greater detail in section II.E.1,
will be mandatory for all relevant equipment.
The warning labels EPA is finalizing for the use of HFC-32 in self-
contained room ACs and HPs designed to conform with UL 60335-2-40 are
similar to those required as use conditions for the use of HFC-32 in
residential and light commercial AC and HPs (excluding self-contained
room ACs and HPs) and for R-452B, R-454A, R-454B, R-454C, and R-457A in
residential and light commercial AC and HPs (including self-contained
room ACs and HPs), included in SNAP Rule 23 in 2021 (86 FR 24463; May
6, 2021). EPA finds that using a common set of labels will aid in
compliance, especially for a manufacturer that uses more than one of
these refrigerants or produces both self-contained room ACs and HPs and
other types of residential and light commercial AC and HPs. The updated
label options EPA is finalizing use the word ``WARNING'' in lieu of
``DANGER'' or ``CAUTION'' and change ``Risk of Fire or Explosion'' to
just ``Risk of Fire.'' However, the previous wording consistent with UL
484, 8th Edition is allowable up to and including January 1st, 2024 for
manufacturers who would prefer transitioning to UL 60335-2-40, 3rd
Edition at a date later than the effective date of this final rule. EPA
is finalizing that the labels must be provided in letters no less than
6.4 mm (\1/4\ inch) high and must be permanent, which is identical to
the current requirement for HFC-32 in self-contained room ACs and HPs.
In contrast, for manufacturers choosing to continue to make self-
contained room ACs and HPs using R-32 according to Appendix SA and
Appendices B through F of the 8th edition of UL 484 up to and including
January 1st, 2024, rather than making such equipment according to UL
60335-2-40, the existing labeling requirements in appendix R to 40 CFR
part 82, subpart G (listing 10) will continue to apply.
EPA is updating the standard incorporated by reference in the use
conditions, requiring users either to follow certain sections of the
2012 version of UL 484 or to adhere to the 3rd edition of UL 60335-2-
40. Both UL Standard 484 and UL Standard 60335-2-40 were developed in
an open and consensus-based approach, with the assistance of experts in
the refrigeration and AC industry as well as experts involved in
assessing the safety of products. The revision cycle for the 3rd
edition, including final recirculation, concluded with its publication
on November 1, 2019. The 2019 UL Standard overlaps with, and eventually
will replace, the previously published version of several standards,
including UL Standard 484, 8th Edition on January 2nd, 2024. EPA was
aware of the continuing progress of UL Standards to address flammable
refrigerants more appropriately. In the 2021 SNAP Rule (SNAP Rule 23)
listing HFC-32 for other categories within the residential and light
commercial AC and HPs end-use, we stated, ``EPA understands that the
standard we relied on in [SNAP] Rule 19 might `sunset' in the future.
Therefore, we will continue to evaluate the market for the equipment
addressed in that rule, including HFC-32 in self-contained room ACs,
and whether to establish new or revised use conditions that reference
UL 603352-40'' (86 FR 24463; May 6, 2021). Today, we are finalizing
such a change knowing that UL is replacing the standard to which such
equipment is certified from UL 484 to the newer UL 60335-2-40 standard
as of January 2nd, 2024. In addition, in order to allow manufacturers
more time to transition their product lines from the earlier UL 484
standard to the UL 60335-2-40 standard, while still ensuring the safety
of equipment manufactured with flammable refrigerants, EPA is allowing
self-contained room ACs and HPs manufactured with HFC-32 to follow
either standard up to and including January 1st, 2024.
Updating the UL standard incorporated as a use condition will allow
more consistency among the products within this end-use and between
HFC-32 and the five A2L refrigerants listed as acceptable, subject to
use conditions, for this end-use including those listed for self-
contained room ACs and HPs in SNAP Rule 23. This change will allow the
industry to focus on the more recent standard. The change will be
helpful in implementing any transitions needed or planned for
manufacturers, installers, and technicians. A manufacturer, who may
offer different products within this end-use with different
refrigerants, could use similar processes, such as in developing and
applying the warning labels required. Installers and technician,
likewise, would not need to reference different standards depending on
the type of equipment and the particular A2L refrigerant being used in
that equipment, when putting in a new piece of equipment or servicing
that equipment.
Another revision to the use conditions is charge sizes. In the 2019
SNAP Rule, charge sizes from both UL 484, 8th Edition, and those
stipulated by tables within the rule needed to be followed. These will
both continue to be requirements for equipment designed according to UL
484, 8th Edition. However, for equipment designed according to the 3rd
edition of UL 60335-2-40, rather than requiring examination of both
items and determining which charge size is lower, the updated use
conditions will rely on a single document, UL 60335-2-40, 3rd Edition.
As stated above, manufacturers will be allowed to select which standard
they would like their equipment to follow, up to and including the UL
484, 8th Edition sunset date of January 1st, 2024, and equipment will
be considered in compliance if their charge sizes are determined either
by UL 60335-2-40, 3rd Edition or by UL 484, 8th Edition in combination
with the tables in 40 CFR part 82, subpart G, appendix R.
7. What is the acceptability status of HFC-32 in self-contained room
ACs and HPs?
The use conditions finalized in this action apply to new self-
contained room ACs and HPs using HFC-32 manufactured on or after the
effective date of this final rule (30 days after publication in the
Federal Register). This final rule does not apply to or affect
equipment manufactured before the effective date of this action and
manufactured in compliance with the SNAP requirements applicable at the
time of manufacture. For the purposes of the SNAP program, EPA views
equipment to be manufactured when the appliance's refrigerant circuit
is complete, the appliance can function, the appliance holds a full
refrigerant charge, and the appliance is ready for use for its intended
purposes. Self-contained room ACs and HPs are factory charged, meaning
manufacture happens in the factory and thus prior to distribution in
U.S. commerce. For such products manufactured between May 11, 2015, and
the effective date of this final rule, the applicable use conditions
under SNAP would be those in SNAP
[[Page 26398]]
Rule 19 (which took effect May 11, 2015) and as listed in appendix R of
40 CFR part 82, subpart G (listing 6. Such products are permitted to be
warehoused and sold in U.S. commerce, as long as the products were
manufactured (i.e., the refrigerant circuit was complete) before May
30, 2023. For self-contained room ACs and HPs using HFC-32 manufactured
on or after the effective date of this final rule and through January
1, 2024, the use conditions finalized and listed in the revisions to
appendix R (either listing 6, if following UL 484, or listing 8 if
following UL 60335-2-40) would apply under SNAP. For self-contained
room ACs and HPs using HFC-32 manufactured on or after January 2, 2024,
the use conditions finalized in listing 8, including following UL
60335-2-40, will apply under SNAP, recognizing that UL intends to
sunset UL 484 as of January 1, 2024.
8. What additional information is EPA including in these final
listings?
EPA is providing additional information related to these final
listings. Since this additional information is not part of the
regulatory decision under SNAP, these statements are not binding for
use of the substitute under the SNAP program. See section II.E.2 below
for further discussion on what additional information EPA is including
in these final listings. EPA notes that the additional information is
similar to, but not identical with, the additional information in the
listing for HFC-32 in self-contained room ACs and HPs in SNAP Rule 19.
EPA is finalizing additional information consistent with that included
in the other final listings for air conditioning equipment in this rule
and consistent with that included in the listings for four A2L
refrigerant blends listed as acceptable subject to use conditions in
self-contained room ACs and HPs in SNAP Rule 23. While the items listed
are not legally binding under the SNAP program, EPA encourages users of
substitutes to apply all statements in the ``Further Information''
column in their use of these substitutes as best practices for safer
use.
9. How is EPA responding to comments on updating use conditions for
HFC-32 in self-contained room ACs and HPs?
Comment: AHAM, GE Appliances, and LG Electronics all submitted
comments that the omission of a transition period between the use
conditions requiring the UL 484 standard and the UL 60335-2-40 standard
is inappropriate, and they request an overlapping timeframe when either
of the two standards may be used. GE Appliances stated that
manufacturers need time to convert products and manufacturing
facilities when moving from compliance with one standard to the other.
Similarly, AHAM stated that, regardless of the final rule's effective
date, EPA must ``allow for some overlap of acceptable use conditions to
allow for product conversion because the absence of this overlap places
exceptional burden on appliance manufacturers,'' and noted that there
are currently home comfort products on the market based on prior use
conditions under SNAP Rule 19. In AHAM's words, ``EPA needs to keep
multiple versions of these standards available for products to allow
manufacturers time to transition from one standard to another as they
do under the current standards certification process.'' GE Appliances
noted that the phaseout of UL 484 and transition to the new standard
has already been determined by UL to be January 1st, 2024. Competition
Advocates requested that EPA revise its proposed SNAP Rule 25 use
conditions to allow for an extended implementation time. LG Electronics
supported EPA's action but noted that there is no time for product
conversion from UL 484 to UL 60335-2-40 under the proposed SNAP Rule
25. LG Electronics suggested that EPA should allow for some overlap of
use conditions to allow for product conversion, so that manufacturers
can comply with relevant safety standards.
AHRI suggested that EPA may want to consider an example of the
process for sunsetting standards used by nationally recognized testing
laboratories (NRTLs). They said that NRTLs will test and list equipment
to various versions of standards starting at an agreed-upon date, and
that there may be a transition period of several years until an older
standard is sunset. AHRI also stated that existing equipment remains
listed to existing safety standards until the manufacturer requests to
have it changed, that equipment with major revisions is treated as
``new'' equipment, and that equipment with minor revisions does not
require re-evaluation. AHRI stated that this would ensure that
equipment can still be listed to these standards, taking care to avoid
creating a cumbersome additional process to re-harmonize among
companies and all of the NRTLs.
Daikin commented that they fully support the provision of the
proposal to update use conditions for HFC-32 to allow warning labels in
line with UL 60335-2-40 to eliminate the disparity between the warning
use condition for HFC-32 PTACs (listed in SNAP Rule 19) and the other
SNAP-approved A2L PTACs, listed in SNAP Rule 23.
Response: EPA thanks the commenters for bringing to our attention
the necessity of a transition period where either UL 484, 8th Edition
or UL 60335-2-40, 3rd Edition could apply. EPA agrees with commenters
that only allowing 30 days to transition from one standard to another
is insufficient, given equipment production timelines and challenges
associated with updating equipment on short notice. Further, we note
that both standards address the potential hazards of using flammable
refrigerants, allowing HFC-32 to be used as safely as other
refrigerants in this end-use. Therefore, to offer manufacturers time
for product conversion, we are providing a transition period where
either standard may be used. EPA is finalizing that, as of the
effective date of this final rule, both compliance with UL 484 and
compliance with the 3rd edition of UL 60335-2-40 will be acceptable
until January 1st, 2024, when the UL 484 standard sunsets. The overlap
of these standards will provide manufacturers time to transition from
one standard to the next, including the different warning labels. This
differs from the proposed use conditions, which proposed compliance
with only UL 60335-2-40 warning labels as of this final rule's
effective date. Beginning January 2nd, 2024, compliance with UL 60335-
2-40 will apply, given that January 1st, 2024, is the official sunset
date of UL 484 per UL. After that date, only the UL 60335-2-40 standard
applies under SNAP.
EPA appreciates the information provided by AHRI on the process for
``sunsetting standards used by NRTLs,'' and we agree that it is
important to have a pathway to compliance as new standards become
available. EPA believes that adopting the same sunset date as UL will
provide the greatest clarity for industry on how long UL 484 will be
applicable under SNAP.
EPA acknowledges Daikin's support of the proposal to update the
warning label use conditions for the existing listing of HFC-32 in
self-contained room ACs and HPs, originally listed in SNAP Rule 19.
Comment: Daikin submitted comment on ignition sources for self-
contained HFC-32 AC and HP units referenced in SNAP Rule 19 use
conditions, stating that ``The ignition source examples that EPA cites
in the quoted language [e.g., static electricity, a spark resulting
from a closing door, or a cigarette] in the preceding sentence are
incorrect.''
Response: EPA acknowledges Daikin's comment regarding ignition
sources for
[[Page 26399]]
self-contained HFC-32 AC and HP units referenced in the preamble for
the original listing published in SNAP Rule 19. The examples of
ignition sources that Daikin cites were appropriate for certain ASHRAE
34 classified A3 hydrocarbon refrigerants in the context of SNAP Rule
19 listings. Given that HFC-32 is classified as an A2L, Daikin is
correct that static electricity, a spark resulting from a closing door,
or a cigarette are not considered sufficient to be ignition sources for
it. HFC-32 and other A2L refrigerants require a higher amount of energy
to ignite than A3 refrigerants. Examples of ignition sources with
enough energy to ignite an A2L refrigerant, found empirically, are a
hot wire at 800 [deg]C or open flames such as from a butane lighter or
a lit candle coming into contact directly with a refrigerant leak (Kim
and Sunderland, 2018).\39\ This experiment also found that many other
potential ignition sources are insufficient to ignite HFC-32 and
certain other A2L refrigerants, such as cigarettes, electric plug and
receptacle, friction sparks, hair dryers, and space heaters. In
response to Daikin's comment, EPA has changed the language in the
preamble for this final rule from the July 2022 NPRM for HFC-32 in new
self-contained room ACs and HPs in section II.D, above, to reflect more
appropriate ignition sources for HFC-32. We are now clarifying the
characterization of the A2L ignition source that we provided in the
preamble for the original listing in SNAP Rule 19 and the NPRM for this
final rulemaking. That clarification does not affect EPA's view that
the final use conditions for HFC-32 described above are appropriate.
---------------------------------------------------------------------------
\39\ Dennis Kim and Peter Sunderland, ``Viability of Various
Ignition Sources to Ignite A2L Refrigerant Leaks,'' 17th
International Refrigeration and Air Conditioning Conference at
Purdue University, July, 2018. Available online at: https://docs.lib.purdue.edu/cgi/viewcontent.cgi?article=2885&context=iracc.
---------------------------------------------------------------------------
E. Use Conditions and Further Information in Final Listings for
Chillers, Residential Dehumidifiers, and HFC-32 in Self-Contained Room
ACs and HPs
1. What use conditions is EPA finalizing and why?
As described above, EPA is listing:
HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and R-454C as
acceptable, subject to use conditions, for use in centrifugal and
positive displacement chillers for new equipment in comfort cooling
applications, including commercial AC and IPAC
HFO-1234yf, HFC-32, R-452B, R-454A, R-454B, and R-454C as
acceptable, subject to use conditions, for use in residential
dehumidifiers for new equipment
In addition, EPA is finalizing revisions to the use conditions that
apply to the listing of:
HFC-32 as acceptable, subject to use conditions, for use
in self-contained room ACs and HPs for new equipment
These use conditions are summarized in the listings under
subheadings II.A and II.B and the revisions to the use conditions are
summarized under subheading II.D, above, and are explained here in
greater detail. The use conditions EPA is finalizing (either as new
listings or revisions to a previous listing) include conditions
requiring use of each refrigerant in new equipment, which can be
specifically designed for the refrigerant; use consistent with the UL
60335-2-40 industry standard, 3rd Edition, including testing, charge
sizes, ventilation, usage space requirements, and certain hazard
warnings and markings; and requirements for warning labels and markings
on equipment to inform consumers and technicians of potential
flammability hazards. The listings with specific use conditions are
intended to allow for the use of these lower flammability refrigerants
in a manner that will ensure they do not pose a greater overall risk to
human health and the environment than other substitutes in these end-
uses.
New Equipment Only; Not Intended for Use as a Retrofit Alternative
EPA is finalizing that these refrigerants may be used only in new
equipment which has been designed to address concerns unique to
flammable refrigerants--i.e., none of these substitutes may be used as
a conversion or ``retrofit'' refrigerant for existing equipment. The
information that EPA has considered in our review of flammability risks
of this refrigerant in this end-use is based on designing and testing
new equipment and not on mitigation methods specific to retrofitting of
existing equipment designed for non-flammable refrigerants. Neither the
submitters nor public commenters suggested that EPA should consider
listing the refrigerants covered by this rule for chillers,
dehumidifiers, or self-contained room ACs and HPs for retrofit use.
Therefore, EPA is finalizing that they may only be used in new
equipment which can be properly designed for their use. This use
condition does not affect the ability to service a system using the
refrigerant once installed, including the adding of refrigerant or
replacing components.
This use condition would not affect the ability to service a system
using one of these refrigerants once installed, including the adding of
refrigerant or replacing components.
Standards
EPA is finalizing that the flammable refrigerants may be used only
in equipment that meets all requirements in UL Standard 60335-2-40, 3rd
Edition.
Those participating in the UL 60335-2-40 consensus standards
process have tested equipment for flammability risk and evaluated the
relevant scientific studies. Further, UL has developed safety standards
including requirements for construction and system design, for
markings, and for performance tests concerning refrigerant leakage,
ignition of switching components, surface temperature of parts, and
component strength after being scratched. Certain aspects of system
construction and design, including charge size, ventilation, and
installation space, and greater detail on markings, are discussed
further below in this section. The UL 60335-2-40 Standard was developed
in an open and consensus-based approach, with the assistance of experts
in the AC industry as well as experts involved in assessing the safety
of products. While similar standards exist from other bodies such as
the International Electrotechnical Commission (IEC), we are finalizing
to rely on specific UL standards that are most applicable and
recognized by the U.S. market. This approach is the same as that in our
previous rules on flammable refrigerants (e.g., 76 FR 78832; December
20, 2011, 80 FR 19454; April 10, 2015, and 86 FR 24444; May 6, 2021).
A summary of the requirements of UL 60335-2-40 as they affect the
refrigerants and end-use addressed in this section of our rule follows.
This summary is offered for information only and does not provide a
complete review of the requirements in this standard.
Among the provisions in UL 60335-2-40 are limits on the amount of
refrigerant allowed in each type of appliance based on several factors
explained in that standard. The requirements in UL 60335-2-40 reduce
the risk to workers and consumers. Annex GG of the standard provides
the charge limits, ventilation requirements and requirements for
secondary circuits. The standard specifies requirements for
installation space of an appliance (i.e., room floor area) and/or
ventilation or other requirements that are determined according to the
refrigerant charge used
[[Page 26400]]
in the appliance, the installation location and the type of ventilation
of the location or of the appliance. Within Annex GG, Table GG.1
provides guidance on how to apply the requirements to allow for safe
use of flammable refrigerants. UL 60335-2-40, 3rd Edition contains
provisions for safety mitigation. These mitigation requirements were
developed to ensure the safe use of flammable refrigerants over a range
of appliances. In general, as larger charge sizes are used, more
stringent mitigation requirements are required by the standard. In
certain applications, refrigerant detection systems (as described in
Annex LL, Refrigerant detection systems for A2L refrigerants) and
refrigerant sensors (as described in Annex MM, Refrigerant sensor
location confirmation tests) such as safety alarms are required by the
standard. Where air circulation (i.e., fans) is required in accordance
with Annex GG or Annex 101.DVG, it must be initiated by a separate
refrigerant detection system either as part of the appliance or
installed separately. In a room with no mechanical ventilation, Annex
GG provides requirements for openings to rooms based on several
factors, including the charge size and the room area. The minimum
opening is intended to be sufficient so that natural ventilation would
reduce the risk of using a flammable refrigerant. The standard also
includes specific requirements covering construction, instruction
manuals, allowable charge sizes, mechanical ventilation, safety alarms,
and shut off valves for A2L refrigerants.
In addition to Annex GG and Table GG.1 mentioned above, UL 60335-2-
40 has a requirement for the maximum charge for an appliance using an
A2L refrigerant. Additional requirements exist for charge sizes
exceeding three times the LFL.
Table GG.1 of the UL standard indicates that systems with
refrigerant charges exceeding certain amounts are outside the scope of
the standard, stating that ``National standards apply.'' Specifically,
if the refrigeration circuit with the greatest mass of a flammable
refrigerant is more than 260 times the lower flammability limit (in kg/
m\3\), such equipment is outside the scope. For example, HFC-32 has an
LFL of approximately 0.307 kg/m\3\ (0.0192 lb/ft\3\); therefore,
equipment with charge sizes of a single circuit exceeding 79.82 kg
(176.0 lb) would fall outside the scope of the UL Standard. EPA expects
that many chillers could exceed these charge thresholds and therefore
is proposing that an additional safety standard would apply for all
chillers, as discussed in section II.A.4, above. EPA does not expect
this situation to occur for residential dehumidifiers or self-contained
room ACs and HPs because of their smaller charge sizes.
EPA recognizes that an updated edition of this standard, Edition 4,
was published on December 17, 2022. Nevertheless, EPA is finalizing
this rulemaking to the 3rd Edition of this standard because the 4th
Edition was not available ahead of the issuance of the proposed rule
for the Agency to consider. Therefore, since the 4th Edition was
published several months after the proposed rule and after the close of
the comment period, EPA could not have reviewed the standard for
inclusion in the proposal and there was no opportunity for public
comment on whether to incorporate it into the use conditions for these
listings. EPA intends to review the 4th edition and if appropriate, EPA
will propose to update the use conditions contained in this final rule
in a subsequent rulemaking.
Warning Labels
EPA is requiring labeling of chillers and residential
dehumidifiers. In addition, EPA is modifying the previously promulgated
use conditions for HFC-32 self-contained room ACs and HPs
(``equipment'') to update the warning label text. EPA is finalizing
that the following labels, or the equivalent, must be provided in
letters no less than 6.4 mm (\1/4\ inch) high and must be permanent
(except for HFC-32 self-contained equipment opting to follow the
current use conditions in compliance with UL 484, 8th Edition up to and
including its sunset date of January 1st, 2024):
i. On the outside of the equipment: ``WARNING--Risk of Fire. Flammable
Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do
Not Puncture Refrigerant Tubing''
ii. On the outside of the equipment: ``WARNING--Risk of Fire. Dispose
of Properly In Accordance With Federal Or Local Regulations. Flammable
Refrigerant Used''
iii. On the inside of the equipment near the compressor: ``WARNING--
Risk of Fire. Flammable Refrigerant Used. Consult Repair Manual/Owner's
Guide Before Attempting to Service This Product. All Safety Precautions
Must Be Followed''
iv. For any equipment pre-charged at the factory, on the equipment
packaging or on the outside of the equipment: ``WARNING--Risk of Fire
due to Flammable Refrigerant Used. Follow Handling Instructions
Carefully in Compliance with National Regulations''
1. If the equipment is delivered packaged, this label shall be applied
on the packaging
2. If the equipment is not delivered packaged, this label shall be
applied on the outside of the appliance
EPA expects that all residential dehumidifiers and all self-
contained room ACs and HPs would be packaged, and hence this label
would be placed as stipulated in item 1 above. For self-contained room
ACs and HPs that are opting to continue being manufactured according to
UL 484, 8th Edition, the existing labeling requirements apply until the
standard sunsets on January 1, 2024, and are described in the section
below. EPA expects that chillers could be provided packaged or not, and
this label would be placed as stipulated in item 1 or 2, respectively.
v. On the equipment near the nameplate:
1. At the top of the marking: ``Minimum installation height, X m (W
ft).'' This marking is only required if the similar marking is required
by the 3rd Edition of UL 60335-2-40. The terms ``X'' and ``W'' shall be
replaced by the numeric height as calculated per the UL Standard. Note
that the formatting here is slightly different than the UL Standard;
specifically, the height in Inch-Pound units is placed in parentheses
and the word ``and'' has been replaced by the opening parenthesis.
2. Immediately below v.1. above or at the top of the marking if v.1. is
not required: ``Minimum room area (operating or storage), Y m\2\ (Z
ft\2\).'' The terms ``Y'' and ``Z'' shall be replaced by the numeric
area as calculated per the UL Standard. Note that the formatting here
is slightly different than the UL Standard; specifically, the area in
Inch-Pound units is placed in parentheses and the word ``and'' has been
replaced by the opening parenthesis.
vi. For non-fixed equipment, including residential dehumidifiers and
self-contained room ACs and HPs, on the outside of the product:
``WARNING--Risk of Fire or Explosion--Store in a well-ventilated room
without continuously operating flames or other potential ignition.''
EPA expects that this label would be required on residential
dehumidifiers, non-residential dehumidifiers, and HFC-32 self-contained
room ACs (e.g., including portable ACs, window ACs, PTACs and PTHPs).
vii. For fixed equipment that is ducted, near the nameplate:
``WARNING--Risk of Fire--Auxiliary devices which may be ignition
sources shall not be
[[Page 26401]]
installed in the ductwork, other than auxiliary devices listed for use
with the specific appliance. See instructions.''
The text of the warning labels, above in i. through iv., vi., and
vii., is exactly the same as that required in UL 60335-2-40, while the
text of the label identified in v. is similar to that in the UL
Standard. The major difference between this rule's warning label
requirements and the requirements in Table 101.DVF.1 of UL 60335-2-40
is that the markings for A2L refrigerants, including HFO-1234yf, HFC-32
and the four refrigerant blends, are required to be no less than 3.2 mm
(\1/8\ inch) high in the standard instead of 6.4 mm (\1/4\ inch) as EPA
is finalizing in this action. EPA considers it difficult to see warning
labels with the minimum lettering height requirement for A2L
refrigerants of 3.2 mm (\1/8\ inch) in the UL Standard. Therefore, as
in the requirements in our previous flammable refrigerants rules (e.g.,
76 FR 78832; December 20, 2011 and 80 FR 19454; April 10, 2015 and 86
FR 24444; May 6, 2021), EPA is finalizing that the minimum height for
lettering must be 6.4 mm (\1/4\ inch) as opposed to 3.2 mm (\1/8\
inch), which will make it easier for technicians, consumers, retail
storeowners, first responders, and those disposing the appliance to
view the warning labels.
For those manufacturers of new self-contained room ACs and HPs
opting to follow the UL 484, 8th Edition standard up to and including
its sunset date of January 1st, 2024, EPA is finalizing that the
following markings, or the equivalent, must be provided in letters no
less than 6.4 mm (\1/4\ inch) high and must be permanent:
(a) On the outside of the air conditioner: ``DANGER--Risk of Fire
or Explosion. Flammable Refrigerant Used. To Be Repaired Only By
Trained Service Personnel. Do Not Puncture Refrigerant Tubing.''
(b) On the outside of the air conditioner: ``CAUTION--Risk of Fire
or Explosion. Dispose of Properly In Accordance With Federal Or Local
Regulations. Flammable Refrigerant Used.''
(c) On the inside of the air conditioner near the compressor:
``CAUTION--Risk of Fire or Explosion. Flammable Refrigerant Used.
Consult Repair Manual/Owner's Guide Before Attempting To Service This
Product. All Safety Precautions Must Be Followed.''
(d) On the outside of each portable air conditioner: ``WARNING:
Appliance shall be installed, operated and stored in a room with a
floor area larger the ``X'' m\2\ (Y ft\2\).'' The value ``X'' on the
label must be determined using the minimum room size in m\2\ calculated
using Appendix F of UL 484, 8th Edition.
However, after the sunset of UL 484 on January 1st, 2024, the use
conditions described above, related to the 3rd edition of UL 60335-2-
40, will apply for all self-contained room ACs and HPs under SNAP.
Markings
Our understanding of the UL Standard is that red markings, similar
to those EPA has applied as use conditions in past actions for
flammable refrigerants (76 FR 78832; December 20, 2011 and 80 FR 19454;
April 10, 2015 and 86 FR 24444; May 6, 2021), are required by the UL
Standard for A2 and A3 refrigerants but not A2L refrigerants. EPA is
finalizing that such markings apply to these A2L refrigerants as well,
to establish a common, familiar and standard means of identifying the
use of a flammable refrigerant.
These red markings will help technicians immediately identify the
use of a flammable refrigerant, thereby potentially reducing the risk
of using sparking equipment or otherwise having an ignition source
nearby. The AC and refrigeration industry currently uses red-colored
hoses and piping as means for identifying the use of a flammable
refrigerant based on previous SNAP listings. Likewise, distinguishing
coloring has been used elsewhere to indicate an unusual and potentially
dangerous situation, for example in the use of orange-insulated wires
in hybrid electric vehicles. Currently under the SNAP listings, as
applicable, color-coded hoses or pipes must be used for ethane, HFC-32,
R-452B, R-454A, R-454B, R-454C, R-457A, isobutane, propane, and R-441A
in certain types of equipment where these are listed acceptable,
subject to use conditions. All such tubing must be colored red PMS #185
or RAL 3020 to match the red band displayed on the container of
flammable refrigerants AHRI Guideline N, ``2017 Guideline for
Assignment of Refrigerant Container Colors.'' The intent of this
requirement is to provide adequate notice for technicians and others
that a flammable refrigerant is being used within a particular piece of
equipment or appliance. Another goal is to provide adequate
notification of the presence of flammable refrigerants for personnel
disposing of appliances containing flammable refrigerants. As explained
in a previous SNAP rule, one mechanism to distinguish hoses and pipes
is to add a colored plastic sleeve or cap to the service tube. (80 FR
19465; April 10, 2015). Other methods, such as a red-colored tape could
be used. The colored plastic sleeve, cap, or tape would have to be
forcibly removed in order to access the service tube and would have to
be replaced if removed. This would signal to the technician that the
refrigeration circuit that she/he was about to access contained a
flammable refrigerant, even if all warning labels were somehow removed.
This sleeve, cap or tape would be of the same red color (PMS #185 or
RAL 3020) and could also be boldly marked with a graphic to indicate
the refrigerant was flammable. This could be a cost-effective
alternative to painting or dyeing the hose or pipe.
EPA is finalizing the use of color-coded hoses or piping as a way
for technicians and others to recognize that a flammable refrigerant is
used in the equipment. This would be in addition to the proposed use of
warning labels discussed above. EPA considers having two such warning
methods to be reasonable and consistent with other general industry
practices. This approach is the same as that adopted in our previous
rules on flammable refrigerants (e.g., 76 FR 78832; December 20, 2011
and 80 FR 19454; April 10, 2015 and 86 FR 24444; May 6, 2021).
2. What additional information is EPA including in these final
listings?
For chillers, residential dehumidifiers, and self-contained room
ACs and HPs, EPA is including additional information, found in the
``Further Information'' column of the regulatory text at the end of
this document, to protect personnel from the risks of using flammable
refrigerants. Similar to our previous listings of flammable
refrigerants, EPA is including information on the OSHA requirements at
29 CFR part 1910, proper ventilation, personal protective equipment,
fire extinguishers, use of spark-proof tools and equipment designed for
flammable refrigerants, and training. Since this additional information
is not part of the regulatory decision under SNAP, these statements are
not binding for use of the substitute under the SNAP program. While the
items listed are not legally binding under the SNAP program, EPA
encourages users of substitutes to apply all statements in the
``Further Information'' column in their use of these substitutes as
best practices for safer use.
[[Page 26402]]
3. How is EPA responding to comments on use conditions and further
information for chillers, residential dehumidifiers, and HFC-32 self-
contained room ACs and HPs?
Comment: Several commenters (AHRI, the Alliance for Responsible
Atmospheric Policy (the Alliance), Anden, AprilAire, AHAM, ATMOsphere,
Carrier Global Corporation, Competition Advocates, Daikin, Diversified
CPC International, the Environmental Investigation Agency (EIA), GE
Appliances/Haier, LG Electronics U.S.A., Chemours, Trane, UL Solutions)
commented in support of incorporating by reference the industry
standards UL 60335-2-40 and ASHRAE 15 into the use conditions for
chillers, residential dehumidifiers, and self-contained room AC and
HPs, but expressed concerns on the Agency's timing of referencing
specific editions of these standards.
AHRI, Chemours, and UL stated that a new version of UL 60335-2-40,
the 4th edition, may soon be published. Carrier and Daikin recommended
using the 4th edition of UL 60335-2-40 instead of the proposed 3rd
edition of that standard if the 4th edition is published before EPA
issues a final rulemaking. EIA, an environmental group, stated that the
4th Edition of UL 60335-2-40 should be used in the final rule's use
conditions if published before EPA takes final action on this rule.
Trane recommended delaying approval of SNAP Rule 25 as it relates to
chillers, until it can incorporate by reference the 4th Edition of UL
60335-2-40. UL stated that the 4th edition has many improvements over
the 3rd edition, including updates requested by the fire service
community. Anden and AprilAire both suggested EPA allow for use of the
3rd edition ``in addition to'' the 4th edition, rather than ``in lieu
of'' the 4th edition, as EPA proposed. Chemours and Carrier suggested
that EPA update previous rules with older editions of standards (e.g.,
SNAP Rule 23).
Some commenters, such as Daikin and Chemours, noted that the 2022
version of ASHRAE 15 was likely to be published a few months after the
NPRM and before the final rule would be issued. UL mentioned the
pending publication of ASHRAE 15-2022, in addition to the May of 2022
version of ASHRAE 15.2, a new residential version of the standard.
Chemours and Carrier also stated that once the new versions of the UL
60335-2-40 and ASHRAE 15 standards are published, the use conditions of
the proposed rule should be updated.
AHRI stated that it will be important to have a pathway to
compliance as each new edition becomes available. LG Electronics and
AHAM stated that NRTLs do not have a required date to comply with the
3rd edition and expressed concern that this will cause issues in
obtaining proper testing for the products. AHAM commented, particularly
with respect to the use of HFC-32 in self-contained room ACs and HPs,
that the Agency must allow for transition periods within the rule so
that manufactured products can comply with relevant safety standards.
The Alliance commented on their support for dealing with codes and
standards issues raised by AHAM and AHRI. They noted this is a critical
issue and has been a critical issue for several years now, but that
integration of the codes and standards will allow transition schedules
for alternatives. Competition Advocates ``encourage[d] EPA to revise
its proposed SNAP Rule 25 use conditions to allow for an extended
implementation time.'' Trane commented that there should be an
expedited process for updating the linked standards to allow for ease
of compliance and ensure the availability of the latest technologies.
GE Appliances noted support for SNAP Rule 25 and urged EPA to move
quickly in finalizing. AHAM urged the Agency to ``expedite finalizing
this rule,'' referencing regulations in California limiting refrigerant
options in dehumidifiers as of the start of 2023.
Response: EPA thanks the commenters for their support of including
ASHRAE 15 and UL 60335-2-40 standards in the use conditions for
chillers, residential dehumidifiers, and self-contained ACs and HPs in
SNAP Rule 25. EPA acknowledges the information on further developments
in the UL 60335-2-40 standard and ASHRAE standards processes and
realizes that new editions of both standards have been published since
the issuance of the proposed rule and after the close of the comment
period. After considering all the public comments on this proposal, we
are finalizing the editions of relevant standards required by the use
conditions for chillers, dehumidifiers, and self-contained ACs and HPs
as proposed. EPA is incorporating by reference the 3rd edition of UL
60335-2-40 and the 2019 edition of ASHRAE 15. The 3rd edition of UL
60335-2-40 includes extensive revisions specifically to address
flammability risks of A2L refrigerants and reach industry-wide
consensus. We conclude that the 3rd edition adequately addresses the
use of these A2L refrigerants in the equipment proposed and as
discussed below, if the Agency determines changes are warranted, the
Agency can do so in a future rulemaking.
EPA is aware of the new 4th edition of UL 60335-2-40 and the ASHRAE
15-2022 standards that have recently been published. However, these
editions were not available in advance of the development of the
proposed rule and thus were not considered. In addition, the public did
not have the opportunity to review and comment on a proposed rule that
reflected those new editions. EPA recognizes that the UL standards are
under continuous maintenance--as are ASHRAE Standards 15 and 15.2--and
hence may change again, even though the mentioned editions are newly
published. Past experience suggests it is difficult to align the
regulatory development process with these standard-setting processes.
EPA concluded that rather than wait for the issuance of a new edition
(which could be replaced with a subsequent edition), it was important
for EPA to act on the SNAP submissions and propose listings based on
the best available information, which included the available editions
of the relevant UL and ASHRAE standards. Furthermore, now that a 4th
edition of the UL Standard and the 2022 version of ASHRAE 15 are
released, EPA will review the relevant changes and may develop a
subsequent rulemaking, allowing for a notice and comment period for the
public to provide their opinions on the updates.
Some commenters supported moving forward with the rule using the
3rd edition of UL 60335-2-40 consistent with EPA's proposal. EPA
concludes that reliance on the 3rd edition of the UL Standard, the 2019
version of ASHRAE 15, and other use conditions allows applicable
products to be used safely. Given the comments received expressing
desire for quick finalization of the rule, EPA's understanding that the
3rd edition provides many desired improvements on the 2nd edition, and
environmental benefits to providing these ODS alternatives as quickly
as possible, EPA is finalizing to the 3rd edition of UL 60335-2-40.
Regarding Trane's comment requesting an expedited updating process
for standards, EPA does not have an automatic process or a process with
fewer steps, as each particular iteration of a standard must be
reviewed by the Agency. Additionally, updating the standard involves a
change to regulations, and the Agency typically uses a notice-and-
comment process to change the standard that is incorporated into
regulations. In response to comments from Chemours and Carrier
[[Page 26403]]
that EPA should also update previous rules with older editions of
standards, EPA notes that this is outside the scope of this rulemaking.
EPA will continue to consider changes to relevant standards, both for
this rule and for previous rules addressing flammable refrigerants, and
the Agency may consider whether any revisions to the SNAP program
regulations should be proposed at a future date.
Comment: Several commenters noted concerns regarding the proposed
use conditions (AHRI, the Alliance, Anden, AprilAire, Competition
Advocates, Daikin, Diversified CPC International). Anden commented on
EPA's proposed use condition requiring ``marked service ports, pipes,
hoses, and other devices through which the refrigerant is serviced''
and requested ``EPA to clarify in the final rule that this particular
use condition does not apply to equipment that does not have service
ports.'' Similar to Anden, AprilAire commented on ``marked service
ports'' and requested ``EPA to clarify in the final rule that this
particular use condition does not apply to equipment that does not have
service ports.'' AprilAire noted that their products generally do not
contain service ports.
Daikin noted that ``EPA inaccurately characterized the operation of
chillers in its general description of warning label use conditions
``vii. For fixed equipment that is ducted, including chillers. . . .''
87 F.R. at 45523 (emphasis added).''
Diversified CPC International, a producer of specialty gases,
including hydrocarbon refrigerants, commented on the use of hydrocarbon
refrigerants and noted it has ``been limited within the United States
due to refrigerant charge limitations that are much lower than most
regions in the world. For example, the IEC Standard IEC 60335-2-40
allows for 1,000 grams charge size for indoor air conditioning units
and a 5 kg limit for outdoor air conditioning units.'' They stated that
EPA should consider modifying use conditions to allow compliance for
larger A3 charge sizes for various types of equipment that falls under
the scope of UL 60335-2-40, 3rd Edition and UL 60335-2-89, 2nd Edition.
ATMOsphere, a trade group, stated that the next step for revising North
American safety standards will be to form a CANENA Technical
Harmonization Committee (THC) to discuss possibly adopting changes from
the 7th and most recent edition of the IEC into a future edition 5 of
UL 60335-2-40, with larger charge sizes for hydrocarbons.
Response: The Agency acknowledges support for the proposed listings
covered by the use conditions in this section of the preamble. After
considering all the public comments on the proposal, we are finalizing
these use conditions, with modifications in response to the comments
received. A few commenters requested clarification on use conditions
requiring ``marked service ports, pipes, hoses, and other devices
through which the refrigerant is serviced.'' EPA considers the marked
service port use condition to apply to equipment without service ports,
as servicing or recovery occurs through their pipes, hoses, or other
devices. Technicians will still need information provided by the
service port markings in these circumstances. After considering all the
public comments on this proposal, we are finalizing this use condition
as proposed.
EPA agrees with comments provided by Daikin indicating that EPA may
have inadvertently mischaracterized the operation of chillers in its
general description of warning label use conditions. In response to
this comment, EPA has edited the warning label description for fixed
equipment to keep the reference to ducted equipment and to remove the
reference to chillers.
EPA is aware of the larger charge sizes for hydrocarbon
refrigerants allowed in updated versions of UL standards, such as UL
60335-2-89, 2nd Edition and UL 60335-2-40, 3rd Edition. EPA did not
propose to increase the charge sizes of A3 refrigerants, thus this
request is beyond the scope of this rulemaking. Additionally, EPA did
not consider equipment covered by the UL 60335-2-89 standard in this
rulemaking. Any changes to use conditions for listings not included in
the proposal are beyond the scope of this final rule, and if EPA
concludes that proposing changes to the listings is warranted, it would
typically initiate a separate rulemaking process. The Agency is
familiar with the process of forming a CANENA THC to discuss proposals
for adopting the changes in IEC 60335-2-40 Edition 7 into the next
edition of the North American safety standards, including the 5th
edition of UL 60335-2-40. If a 5th edition of UL 60335-2-40 is
released, EPA can consider any relevant changes such as allowing for
larger charge sizes for hydrocarbon refrigerants in a future
rulemaking.
F. Very Low Temperature Refrigeration (VLTR)--Listing of R-1150 as
Acceptable, Subject to Use Conditions and Narrowed use limits, for Use
in New VLTR
In the NPRM, EPA proposed to list R-1150 as acceptable, subject to
use conditions and narrowed use limits, for use in new VLTR equipment.
No comments were received in regard to this listing. Therefore, EPA is
finalizing the listing of R-1150 in VLTR as proposed.
1. Background on VLTR
The very low temperature refrigeration (VLTR) end-use includes a
wide range of equipment types. VLTR equipment is intended to maintain
temperatures considerably lower than for refrigeration of food (below -
62 [deg]C or -80 [deg]F). Examples of very low temperature
refrigeration equipment include medical freezers and freeze-dryers,
which generally require extremely reliable refrigeration cycles to
maintain low temperatures and must meet stringent technical standards.
In some cases, VLTR equipment may use a refrigeration system with two
stages, each with its own refrigerant loop. This allows a greater range
of temperatures and may reduce the overall refrigerant charge.
For this rulemaking, only equipment designed to reach temperatures
lower than -80 [deg]C (-112 [deg]F) is addressed. See sections II.E.6
and II.E.7 below for a discussion of the narrowed use limits describing
the reasoning for this temperature requirement. Examples of equipment
covered by this final rule in the VLTR end-use include:
Freeze dryers. This equipment typically includes a two-
stage system, with a VLTR stage being addressed by this rule and a
warmer stage, usually classified as IPR, not addressed in this final
rule. The primary application of this equipment is for freeze drying
material in a laboratory setting.
Cold traps required to operate below -80 [deg]C or -112
[deg]F. This equipment is used during laboratory evaporation to
condense vapors to prevent them from entering and damaging the pump, or
leaking into the environment, ensuring a closed system within the
vacuum pump.
[[Page 26404]]
Very low temperature freezers designed to reach
temperatures below -80 [deg]C or -112 [deg]F.
This final listing decision for R-1150 addresses these types of
equipment, as well as other types of VLTR equipment not mentioned that
fit within the narrowed use limits described in section II.F.6, under
SNAP. This listing addresses all types of VLTR equipment that meet the
requirements of the UL Standard 61010-2-011, 2nd Edition, and for all
applications of such equipment under EPA's final use conditions and
narrowed use limits. Because UL Standard 61010-2-011 only applies to
laboratory equipment, we understand that only VLTR equipment that is
also laboratory equipment is eligible to use R-1150 under the use
condition.
2. What is EPA's final listing decision for R-1150?
EPA is listing R-1150 as acceptable, subject to use conditions and
narrowed use limits, for use in VLTR equipment, including freeze-
dryers, cold traps, and very low temperature freezers.
3. What is R-1150 and how does it compare to other refrigerants in the
same end-use?
R-1150, also known as ethene or ethylene (CAS Reg. No. 75-85-1), is
an unsaturated hydrocarbon. It is a flammable refrigerant with the
ASHRAE safety classification A3. You may find a copy of the applicants'
submissions, with CBI redacted, providing the required health and
environmental information for this substitute in this end-use in Docket
EPA-HQ-OAR-2021-0836 at https://www.regulations.gov under the names
``Supporting Materials for Rule 25 Listing of R-1150 in Refrigeration
and Air Conditioning. SNAP Submission Received December 3, 2018'' and
``Supporting Materials for Rule 25 Listing of R-1150 in Refrigeration
and Air Conditioning. SNAP Submission Received January 21, 2021.'' EPA
performed an assessment to examine the health and environmental risks
of this substitute. This assessment is available in Docket EPA-HQ-OAR-
2021-0836: ``Risk Screen on Substitutes in Very Low Temperature
Refrigeration (New Equipment). Substitute: R-1150.'' \40\
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\40\ ICF, 2022o. Risk Screen on Substitutes in Very Low
Temperature Refrigeration (New Equipment); Substitute: R-1150.
---------------------------------------------------------------------------
Environmental information: R-1150 has an ODP of zero and a GWP of
four.
In addition to ODP and GWP, EPA evaluated potential impacts of R-
1150 and other hydrocarbon refrigerants on local air quality. R-1150 is
considered a VOC and is not excluded from EPA's regulatory definition
of VOC (see 40 CFR 51.100(s)) for the purpose of addressing the
development of SIPs to attain and maintain the NAAQS. As described
below, EPA estimates that potential emissions of R-1150, when used in
the refrigeration and AC sector in the VLTR end-use consistent with
this listing under the SNAP program, would not have a significant
impact on local air quality.41 42
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\41\ ICF, 2014. Assessment of the Potential Impact of
Hyddrocarbon Refrigerants on Ground Level Ozone Concentrations.
February 2014.
\42\ ICF, 2022p. Additional Assessment of the Potential Impact
of Hydrocarbon Refrigerants on Ground Level Ozone Concentrations.
May 2020.
---------------------------------------------------------------------------
In response to the increased market share of hydrocarbon
refrigerants, particularly in VLTR applications, EPA conducted
additional analysis of various scenarios to consider the potential
impacts on local air quality if hydrocarbon refrigerants were used in
further applications.\43\ In particular, use of R-1150 in very low
temperature freezers, including VLTR equipment with an IPR stage using
propylene, and the use of R-1150 in retail food refrigeration systems
\44\ were investigated for ground-level ozone effects. The analysis
first considers highly conservative modeling scenarios where a specific
hydrocarbon would be used widely across all end-uses in the
refrigeration and AC sector. Scenario 1b** estimates propylene's
emissions using EPA's Vintaging Model (VM) and Community Multi-stage
Air Quality (CMAQ) model,\45\ and Scenario 1b estimates R-1150's
emissions using the same VM and CMAQ versions as in Scenario 1b**.
---------------------------------------------------------------------------
\43\ Ibid.
\44\ EPA is aware that such refrigeration equipment exists in
Europe. Thus, EPA evaluated R-1150 in retail food refrigeration--
stand-alone units as well as in VLTR and other hydrocarbon
refrigerants, to consider the greatest impact that reasonably could
occur when using increasing amounts of such refrigerants.
\45\ VM IO file_v5.1_10.01.19 and CMAQ 5.2.1 with carbon bond 06
(CB06) mechanism, as cited in ICF, 2022p. Additional Assessment of
the Potential Impact of Hydrocarbon Refrigerants on Ground Level
Ozone Concentrations. May 2020.
---------------------------------------------------------------------------
Additionally, the analysis also considers the more realistic
scenarios (Scenario 2, Scenario 3a, and Scenario 3b) where hydrocarbons
are modeled only in the end-uses where the SNAP program has already
listed them as acceptable, or for which SNAP submissions or
international market trends indicate HCs soon could be used. Scenario 2
examines the likely emissions of lower maximum incremental reactivity
(MIR) hydrocarbons, propane, isobutane, and ethane, in the residential
and light commercial AC, residential dehumidifiers, retail
refrigeration, and household refrigeration end-uses. Scenarios 3a and
3b also consider the use of higher MIR refrigerants propylene and R-
1150 in laboratory equipment (IPR and VLTR end-uses, respectively) and
R-1150 in small retail food refrigeration equipment (e.g., stand-alone
units) in addition to the hydrocarbon refrigerants used in Scenario 2.
Scenarios 3a and 3b differentiate based on whether propylene and R-1150
would be subject to the venting prohibition under CAA section
608(c)(2). For further information on the specific assumptions, see the
docket for this rulemaking.\46\
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\46\ ICF, 2014. Op. cit.
---------------------------------------------------------------------------
In highly conservative Scenario 1b, examining widespread R-1150
adoption across the entire refrigeration and AC sector, modeling
predicts that the single 8-hour average ground-level ozone
concentration could increase by 11.7 percent in Los Angeles, which is
the area with the highest level of ground-level ozone pollution in the
United States. However, the assumptions modeled in 1b are highly
unrealistic, given the significantly smaller number of applications in
which R-1150 has been requested for use or is currently being used
globally. VLTR, the only end-use being addressed in this listing,
represents a very small segment of the refrigeration and AC sector.
In the more realistic scenarios 3a and 3b, where use of propylene
and R-1150 in laboratory equipment and R-1150 in small retail food
refrigeration equipment are included, the 8-hour ground-level ozone
concentration in Los Angeles was found to increase by a maximum of
0.017 percent relative to the NAAQS on the worst modeled day. For
purposes of this SNAP determination, this is not a significant increase
in ground-level ozone. The modeling is also conservative by assuming a
one-for-one substitution of hydrocarbons for current refrigerants
because an actual transition would likely introduce less than one
kilogram of hydrocarbon for each kilogram replaced. As a result of this
analysis, EPA determined that the use of R-1150 consistent with the use
conditions and narrowed use limits finalized in this rulemaking will
not result in significantly greater risk to people's health or the
environment than other alternatives available for the same use.
Ecosystem effects from R-1150 are expected to be small, as compared
to the effects of other acceptable substitutes in
[[Page 26405]]
this end-use. R-1150 is highly volatile and typically evaporates or
partitions to air, rather than contaminating ground or surface waters,
and thus R-1150's effects on aquatic life are expected to be small.
Based on these considerations, R-1150 is not expected to pose a greater
risk of ecosystem effects than other alternatives for these uses.
Flammability information: ASHRAE Standard 34 classifies R-1150 as a
Class A3 refrigerant.\47\ R-1150 is flammable when its concentration in
the air is in the range of 2.7 percent to 36 percent by volume (27,000
ppm to 360,000 ppm).48 49
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\47\ ASHRAE, 2019a. Op. cit.
\48\ Ibid.
\49\ ICF, 2022o. Op. cit.
---------------------------------------------------------------------------
Toxicity and exposure data: Exposure to R-1150 may be hazardous if
inhalation, skin contact, or eye contact with the proposed substitute
occurs at sufficiently high levels. The most likely pathway of exposure
is through inhalation, which can cause symptoms of asphyxiation.
Exposures of R-1150 to the skin may cause frostbite. Exposures of R-
1150 to the eyes could cause eye irritation. These potential health
effects are common to many refrigerants.
The American Conference of Governmental Industrial Hygienists
(ACGIH) has established a TLV of 200 ppm as an 8-hour TWA for R-1150.
EPA anticipates that users will be able to meet the TLV and address
potential health risks by following the use condition limiting charge
sizes to 150 g and the requirements and recommendations in the
manufacturer's SDS, ASHRAE Standard 15, UL Standard 61010-2-011, 2nd
Edition, and other safety precautions common to the refrigeration and
AC industry.50 51
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\50\ ASHRAE, 2019b.
\51\ ICF, 2022o. Op. cit.
---------------------------------------------------------------------------
Comparison to other substitutes in this end-use: R-1150 has an ODP
of zero, comparable to or less than other listed substitutes in this
end-use with ODPs ranging from zero to 0.098. For new VLTR equipment,
R-1150's GWP of four is comparable to that of other acceptable
substitutes such as ethane and CO2, with respective GWPs of
5.5 and one, and lower than other acceptable substitutes such as R-
410A, R-507A, and HFC-23 with respective GWPs of 1,890, 3,990, and
14,800.
R-1150 is a VOC that is more photochemically reactive and more
likely to cause ground-level ozone pollution than acceptable
refrigerants in this end-use. For example, R-1150 has a MIR of 9.07 g-
O3/g-substance, which is higher than propane's MIR of 0.56
g-O3/g-substance or ethane's MIR of 0.28 g-O3/g-
substance.\52\ EPA addresses this potential risk through a narrowed use
limit, restricting use of this refrigerant to VLTR equipment designed
to reach temperatures lower than -80 [deg]C (-112 [deg]F). See section
II.F.6 below for a discussion of the finalized narrowed use limits.
---------------------------------------------------------------------------
\52\ In addition to being an acceptable refrigerant in very low
temperature refrigeration, ethane's MIR is one threshold that EPA
considers in deciding whether a compound makes a negligible
contribution to tropospheric ozone formation and should be excluded
from EPA's regulatory definition of VOC (see 40 CFR 51.100(s)) for
the purpose of addressing the development of SIPs to attain and
maintain the NAAQS.
---------------------------------------------------------------------------
Flammability risks of R-1150 are comparable to flammability risks
of other available substitutes in the same end-use, such as ethane,
while R-1150's flammability risks are higher than those of nonflammable
refrigerants such as R-410A, CO2, or HFC-23. Flammability
risks can be addressed by following the finalized use conditions, such
as use only in new equipment that is designed and tested to meet the UL
Standard 61010-2-011. See section II.F.4 below for a discussion of the
use conditions.
Toxicity risks are comparable to or lower than toxicity risks of
other available substitutes in the same end-use. Toxicity risks can be
minimized by use consistent with the TLV issued by the ACGIH, ASHRAE
Standard 15, UL 61010-2-011--which applies under the final use
conditions--and other industry standards, recommendations in the
manufacturer's SDS, and other safety precautions common in the
refrigeration and AC industry.
Although R-1150 presents a higher risk to local air quality than
other available alternatives for this end-use, other alternatives such
as ethane, propane, and most HFOs or HFCs, that are less
photochemically reactive than R-1150 are not able to attain
temperatures as low as those attainable by R-1150 because of their
higher boiling points. Thus, EPA is finalizing listing this substitute
as acceptable subject to use conditions and narrowed use limits in
VLTR.
4. What use conditions is EPA finalizing?
(1) EPA is finalizing the following use conditions to address
flammability risks of R-1150: New equipment only--R-1150 may be used
only in new equipment designed specifically and clearly identified for
the refrigerant, i.e., the substitute shall not be used as a conversion
or ``retrofit'' refrigerant for existing equipment.
(2) UL Standard--R-1150 may be used only in laboratory equipment
that meet all requirements listed in the 2nd edition, dated May 13th,
2021, of UL Standard 61010-2-011, ``Safety Requirements for Electrical
Equipment for Measurement, Control, and Laboratory Use--Part 011:
Particular Requirements for Refrigerating Equipment.'' In cases where
this final rule includes requirements different than those of UL 61010-
2-011, 2nd Edition, EPA is requiring that the equipment meet the
requirements of this final rule in place of the requirements in the UL
Standard. Requirements of note include:
Warning labels--The following markings, or the equivalent,
must be provided in letters no less than 6.4 millimeter (\1/4\ inch)
high and must be permanent:
i. Attach near the machine compartment: ``DANGER--Risk of Fire or
Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained
Service Personnel. Do Not Puncture Refrigerant Tubing''
ii. Attach near the machine compartment: ``CAUTION--Risk of Fire or
Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner's
Guide Before Attempting To Service This Product. All Safety Precautions
Must Be Followed.''
iii. Attach on the exterior of the refrigeration equipment:
``CAUTION--Risk of Fire or Explosion. Dispose of Properly In Accordance
With Federal Or Local Regulations. Flammable Refrigerant Used.''
iv. Attach near all exposed refrigerant tubing: ``CAUTION--Risk of
Fire or Explosion Due To Puncture Of Refrigerant Tubing; Follow
Handling Instructions Carefully. Flammable Refrigerant Used.''
v. Attach on the exterior of the refrigeration equipment: ``This
equipment is intended for use in commercial, industrial, or
institutional occupancies as defined in the Safety Standard for
Refrigeration Systems, ANSI/ASHRAE 15.''
vi. Attach on the exterior of the shipping carton: ``CAUTION--Risk
of Fire or Explosion. Dispose of Properly In Accordance With Federal Or
Local Regulations.''
vii. The instructions shall include the following warnings as
necessary:
a. ``WARNING: Ensure all ventilation openings are not obstructed.''
b. ``WARNING: Do not use mechanical devices or other means to
accelerate the defrosting process, other than those recommended by the
manufacturer.''
c. ``WARNING: Do not damage the refrigerant circuit.''
[[Page 26406]]
Markings--Equipment must have distinguishing red (PMS #185
or RAL 3020) color-coded hoses and piping to indicate use of a
flammable refrigerant. The laboratory equipment shall have marked
service ports, pipes, hoses and other devices through which the
refrigerant is serviced. Markings shall extend at least 1 inch (25 mm)
from the servicing port and shall be replaced if removed.
(3) Charge size--Equipment must use no more than 150 g of R-1150 in
each refrigerant circuit using this refrigerant.
EPA notes that there may be other legal obligations pertaining to
the manufacture, use, handling, and disposal of the proposed
refrigerant that are not included in the information listed in the
tables included in the regulatory text (e.g., the CAA section 608(c)(2)
venting prohibition,\4\ or Department of Transportation requirements
for transport of flammable gases). Flammable refrigerants being
recovered or otherwise disposed of from VLTR appliances are likely to
be hazardous waste under RCRA (see 40 CFR parts 260-270).
5. Why is EPA finalizing these specific use conditions?
EPA is finalizing listing R-1150 as acceptable, subject to use
conditions, for use in the VLTR end-use for new equipment reaching
temperatures lower than -80 [deg]C (-112 [deg]F). The use conditions
are identified in the listing under subheading II.F.4, above, and are
explained here in greater detail. The use conditions EPA is finalizing
include conditions requiring use of R-1150 in new equipment, which can
be specifically designed for the refrigerant; use consistent with UL
61010-2-011, 2nd Edition, including testing, charge sizes, ventilation,
usage space requirements, and certain hazard warnings and markings; and
limiting charge size to 150 g of R-1150 per refrigerant circuit. The
finalization of these use conditions is intended to allow for the use
of R-1150, a flammable refrigerant, in a manner that will ensure it
does not pose a greater overall risk to human health and the
environment than other substitutes in this end-use.
New Equipment Only; Not Intended for Use as a Retrofit Alternative
EPA is finalizing that R-1150 may be used only in new equipment
\53\ which has been designed to address concerns unique to flammable
refrigerants--i.e., this substitute may not be used as a conversion or
``retrofit'' refrigerant for existing equipment. The information that
EPA has considered in our review of flammability risks of this
refrigerant in this end-use is based on designing and testing new
equipment, and not on mitigation methods specific to retrofitting of
existing equipment designed for non-flammable refrigerants. Neither the
submitters nor public commenters suggests that EPA should consider
listing R-1150 for retrofit use. Therefore, EPA is finalizing that R-
1150 can only be used in new equipment properly designed for its use.
This requirement does not affect the ability to service equipment using
R-1150 once installed, including the adding of refrigerant or replacing
components.
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\53\ This is intended to mean a completely new refrigeration
circuit containing a new compressor, evaporator, and condenser.
---------------------------------------------------------------------------
Standards
EPA is finalizing that R-1150 may be used only in equipment that
meets all requirements in UL 61010-2-011, 2nd Edition. This UL standard
indicates that refrigerant charges greater than 150 g are beyond its
scope and that additional requirements apply, such as for instance
ASHRAE 15-2019. EPA has only evaluated equipment that fits within the
scope of UL 61010-2-011.
UL has developed safety standards including requirements for
construction and system design, for markings, and for performance tests
concerning refrigerant leakage, ignition of switching components,
surface temperature of parts, and component strength after being
scratched. Certain aspects of system construction and design, including
charge size, ventilation, and installation space, and greater detail on
markings, are discussed further below in this section. The UL Standard
was developed in an open and consensus-based approach, with the
assistance of experts in the laboratory equipment industry as well as
experts involved in assessing the safety of products. While similar
standards exist from other bodies such as the IEC, we are finalizing to
rely on a specific UL standard that is most applicable and recognized
by the U.S. market. This approach is the same as that in our previous
rules on flammable refrigerants (e.g., 76 FR 78832, December 20, 2011;
80 FR 19454, April 10, 2015; 86 FR 24444, May 6, 2021).
A summary of the requirements of UL 61010-2-011, 2nd Edition as
they affect R-1150 and the end-use addressed in this section of the
rule follows. This summary is offered for information only and does not
provide a complete review of the requirements in this standard. UL
61010-2-011, 2nd Edition requires the warning labels on the equipment
to contain letters at least \1/4\ inch high. The label must be
permanently affixed to the equipment. Warning label language
requirements are described in section II.F.4 of this proposed rule.
Additionally, red markings, similar to those EPA has applied as use
conditions in past actions for flammable refrigerants (76 FR 78832,
December 20, 2011; 80 FR 19454, April 10, 2015; 86 FR 24444, May 6,
2021), are required by UL 61010-2-011, 2nd Edition for A2 and A3
refrigerants to establish a common, familiar and standard means of
identifying the use of a flammable refrigerant.
These red markings will help technicians immediately identify the
use of a flammable refrigerant, thereby potentially reducing the risk
of using sparking equipment or otherwise having an ignition source
nearby. The colored plastic sleeve or cap would have to be forcibly
removed in order to access the service port, hose, or pipe. This would
signal to the technician that the refrigeration circuit that she/he was
about to access contained a flammable refrigerant, even if all warning
labels were somehow removed. This sleeve would be of the same red color
(PMS #185 or RAL 3020) and could also be boldly marked with a graphic
to indicate the refrigerant was flammable. The use of a colored plastic
sleeve or cap that is boldly marked with a graphic could be a cost-
effective alternative to painting or dyeing the service port, hose, or
pipe.
Charge Size Limitation
Among the provisions in UL 61010-2-011, 2nd Edition are limits on
the amount of refrigerant allowed in each appliance. The limitations on
refrigerant charge size for VLTR are consistent with UL 61010-2-011,
2nd Edition to reduce the risk to workers and consumers. EPA is
requiring a charge size limit of 150 g for each refrigerant circuit or
stage for the proposed refrigerant. Section 1.1.1 of the UL Standard
states, ``This document details all the requirements when up to 150 g
of FLAMMABLE REFRIGERANT are used per stage of a REFRIGERATING SYSTEM.
Additional requirements beyond the current scope of this document apply
if a REFRIGERANT charge of FLAMMABLE REFRIGERANT exceeds this amount.''
Thus, in order to ensure the standard's provisions apply and
sufficiently address flammability risk, EPA is requiring that each
refrigerant circuit must contain no more than 150 g of R-1150.
In addition to the general requirement that each refrigerant
circuit must contain no more than 150 g of R-1150,
[[Page 26407]]
UL 61010-2-011, 2nd Edition has a requirement for the maximum charge
for remote condensing unit using a flammable refrigerant in Annex DD
and Table DD.1. Section DD.2.4 of Annex DD sets requirements for the
minimum associated room area for a given charge, based on a maximum
refrigerant concentration of 0.38 lb/1000 ft\3\, 5200 ppm, or 6 g/m\3\
for R-1150.
6. What narrowed use limits is EPA finalizing?
EPA is finalizing the following narrowed use limits for use of R-
1150 in VLTR:
(1) Temperature range--R-1150 may only be used in equipment
designed specifically to reach temperatures lower than -80 [deg]C (-112
[deg]F).
(2) The manufacturers of new very low temperature equipment must
demonstrate that other alternatives are not technically feasible. They
must document the results of their evaluation that showed the other
alternatives to be not technically feasible and maintain that
documentation in their files. This documentation, which does not need
to be submitted to EPA unless requested to demonstrate compliance,
``shall include descriptions of substitutes examined and rejected,
processes or products in which the substitute is needed, reason for
rejection of other alternatives, e.g., performance, technical or safety
standards, and the anticipated date other substitutes will be available
and projected time for switching to other available substitutes.'' (40
CFR 82.180(b)(3)).
7. Why is EPA finalizing these specific narrowed use limits?
The boiling point (b.p.) of a refrigerant determines the coldest
temperature it can reach within its refrigerating capabilities. R-1150
has a b.p. of -104 [deg]C, allowing it to refrigerate as cold as -104
[deg]C. There are a limited number of refrigerants that are capable of
reaching temperatures below -80 [deg]C, such as the ODSs CFC-13 (b.p.,
-81.4 [deg]C) and R-503 (b.p., -88.9 [deg]C), and among the acceptable
refrigerants in this end-use, ethane (b.p., -88.3 [deg]C) and the high
GWP refrigerants HFC-23 (b.p., -84.4 [deg]C), R-508A (b.p., -87.4
[deg]C) and R-508B (b.p., -87.4 [deg]C).\54\ Given the limited
refrigerant options available for equipment designed to reach the sub -
80 [deg]C temperature range, EPA understands there is a need for
listing R-1150. However, EPA believes that limiting the use of R-1150
to VLTR equipment designed to reach temperatures lower than -80 [deg]C
(-112 [deg]F) is necessary to mitigate local air quality concerns
discussed in section II.F.3 that could occur with broad use, given the
reactivity of VOC and its potential to contribute to ground-level ozone
in areas like Los Angeles. If R-1150 were used without limitation
across the refrigeration and AC sector, it could have significant
impacts on local air quality. For equipment in this end-use designed to
reach temperatures higher than -80 [deg]C (-112 [deg]F), other
alternatives with lower reactivities are widely available, e.g.,
CO2, ethane, propane, and R-410A. There are sufficient
refrigerant options available to fill the need in VLTR equipment
designed to reach temperatures higher than -80 [deg]C (-112 [deg]F)
without allowing the use of refrigerants as photochemically reactive as
R-1150. By including narrowed use limits, EPA is only allowing the use
of R-1150, a refrigerant with higher reactivity, when it is the only
technically feasible option available.
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\54\ Engineering ToolBox, 2005. Refrigerants--Physical
Properties. Available online at: https://www.engineeringtoolbox.com/refrigerants-d_902.html Accessed October 28, 2021.
---------------------------------------------------------------------------
8. What additional information is EPA including in this final listing?
EPA is providing additional information related to this listing.
Since this additional information is not part of the regulatory
decision under SNAP, these statements are not binding for use of the
substitute under the SNAP program. See section II.E.2 above for further
discussion on what additional information EPA is including in this
final listing. While the items listed are not legally binding under the
SNAP program, EPA encourages users of substitutes to apply all
statements in the ``Further Information'' column in their use of these
substitutes as best practices for safer use.
9. How is EPA responding to comments on VLTR?
No comments were received relating to the proposed listing of R-
1150 in VLTR. For the reasons explained above, EPA is finalizing this
section of the rule as proposed.
G. Streaming and Total Flooding Fire Suppression--Listing of 2-bromo-
3,3,3 trifluoropropene (2-BTP) as Acceptable, Subject to Use
Conditions, as a Streaming Agent in Non-Residential Applications and as
a Total Flooding Agent in Normally Unoccupied Spaces Under 500 ft\3\
1. Background on Streaming and Total Flooding Fire Suppression
The fire suppression and explosion protection end-uses addressed in
this action are total flooding and streaming. Total flooding systems,
which historically employed halon 1301 as a fire suppression agent, are
used in both normally occupied and unoccupied areas. In the United
States, approximately 90 percent of installed total flooding systems
protect anticipated hazards from ordinary combustibles (i.e., Class A
fires), while the remaining ten percent protect against applications
involving flammable liquids and gases (i.e., Class B fires).\55\ It is
also estimated that approximately 75 percent of total flooding systems
protect electronics (e.g., computers, telecommunications, process
control areas), while the remaining 25 percent protect other
applications, primarily in civil aviation (e.g., engine nacelles/
auxiliary power units, cargo compartments, lavatory trash receptacles),
military weapons systems (e.g., combat vehicles, machinery spaces on
ships, aircraft engines and tanks), oil/gas and manufacturing
industries (e.g., gas/oil pumping, compressor stations), and maritime
(e.g., machinery space, cargo pump rooms). Streaming applications,
which have historically used halon 1211 as an extinguishing agent,
include portable fire extinguishers designed to protect against
specific hazards.
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\55\ Wickham, 2002. Status of Industry Efforts to Replace Halon
Fire Extinguishing Agents. March 2002.
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2. What is EPA's final listing decision for 2-BTP?
As proposed, EPA is finalizing listing 2-BTP as acceptable, subject
to use conditions. The use conditions are for use in normally
unoccupied spaces under 500 ft\3\ in total flooding fire suppression
systems, and as a streaming agent for use in non-residential
applications, except for commercial home office and personal
watercraft. EPA received one comment on the proposed listing of 2-BTP,
and the commenter supported finalizing the rule as proposed. 2-BTP was
previously listed as acceptable, subject to use conditions, for use in
engine nacelles and auxiliary power units on aircraft in total flooding
fire suppression systems and for use in aircraft as a streaming agent
(81 FR 86778, December 1, 2016).
The redacted submission and supporting documentation for 2-BTP are
provided in the docket for this proposed rule (EPA-HQ-OAR-2021-0836) at
https://www.regulations.gov. EPA performed assessments to examine the
health and environmental risks of this substitute during equipment
production operations and the filling of
[[Page 26408]]
fire extinguishers as well as in the case of an inadvertent discharge
of the system during maintenance activities on the fire extinguishing
system. These assessments are available in the docket for this
rule.56 57
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\56\ ICF, 2022q. Risk Screen on Substitutes in Total Flooding
Systems in Normally Unoccupied Spaces. Substitute: 2-bromo-3,3,3-
trifluoropropene (2-BTP).
\57\ ICF, 2022r. Risk Screen on Substitutes as Streaming Agents
in Non-Residential Applications. Substitute: 2-bromo-3,3,3-
trifluoropropene (2-BTP).
---------------------------------------------------------------------------
3. What is 2-BTP and how does it compare to other fire suppressants in
the same end-uses?
a. Total Flooding
Environmental information: 2-BTP has an ODP of 0.0028
58 59 60 and a GWP of 0.23-0.26.\61\ 2-BTP is considered a
VOC and is not excluded from EPA's regulatory definition of VOC (see 40
CFR 51.100(s)) for the purpose of addressing the development of SIPs to
attain and maintain the NAAQS.
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\58\ Patten, et al., 2011. OH, reaction rate constant, IR
absorption spectrum, ozone depletion potentials and global warming
potentials of 2-bromo-3,3,3-trifluoropropene, J. Geophys. Res., 116
(D24), D24307, doi: 10.1029/2011JD016518, 2011.
\59\ Orkin, V. L. 2004. Photochemical Properties of 2-bromo-
3,3,3-trifluoropropene and semi-empirical kinetic estimates of its
Global Impacts on the Atmosphere. Prepared by the National Institute
of Standards and Technology Physical and Chemical Properties
Division for American Pacific Corporation. July 2004.
\60\ The ODP in this rulemaking remains as it was originally
listed by SNAP (see 81 FR 86778).
\61\ Patten et al., 2012. Correction to ``OH reaction rate
constant, IR absorption spectrum, ozone depletion potentials and
global warming potentials of 2-bromo-3,3,3-trifluoropropene,'' J.
Geophys. Res., 117, D22301, doi:10.1029/2012JD019051.
---------------------------------------------------------------------------
Flammability information: 2-BTP is non-flammable.
Toxicity and exposure data: EPA assessed potential health risks
from exposure to the proposed substitute as a total flooding agent in
normally unoccupied spaces up to 14.2 m\3\ (500 ft\3\) during
manufacture, installation, and servicing of 2-BTP total flooding
systems, consistent with the use description provided by the submitter.
According to the SDS, exposure to 2-BTP following a discharge may be
hazardous if inhalation, skin contact, or eye contact with the proposed
substitute occurs at sufficiently high levels. However, the most likely
pathway of exposure is through inhalation, which may cause central
nervous system effects, such as dizziness, confusion, physical
incoordination, drowsiness, anesthesia, or unconsciousness. The
cardiotoxic Lowest Observed Adverse Effect Level (LOAEL) for this agent
is 1.0 percent (10,000 ppm), at which level exposure may cause
increased sensitivity of the heart to adrenaline, which might cause
irregular heartbeats and possibly ventricular fibrillation or death.
2-BTP vapors may reduce oxygen available for breathing, causing
asphyxiation in high concentrations. Such vapors pose a potential
hazard if large volumes are trapped in enclosed or low places. In
addition, as noted above, if person(s) are exposed to high
concentrations, the person(s) may experience central nervous system
effects, such as drowsiness and dizziness, which may result in the
person(s) not realizing that he/she is suffocating. These health
effects after exposure are similar for other common fire suppressants.
To assess potential health risks from exposure to the proposed
substitute for personnel during manufacturing, EPA developed an AEL of
2 ppm for 2-BTP based on review of available toxicity studies.\62\ The
AEL represents the maximum 8-hour TWA at which personnel in an
occupational environment can be exposed regularly without adverse
effects. The estimated exposure values provided by the submitter are
greater than the occupational AEL. To effectively mitigate potential
occupational exposure and maintain average exposure levels below the
occupational AEL of 2 ppm, the manufacturing space should be equipped
with specialized engineering controls and well ventilated with a local
exhaust system and low-lying source ventilation. The sampling data
provided by the submitter demonstrate that local exhaust ventilation
greatly reduces exposure concentration inside the fill booth and in the
filling area.
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\62\ ICF, 2022r. Risk Screen on Substitutes in Total Flooding
Systems in Normally Unoccupied Spaces. Substitute: 2-bromo-3,3,3-
trifluoropropene (2-BTP).
---------------------------------------------------------------------------
Exposure to the substitute is not likely during installation or
servicing of 2-BTP total flooding systems for normally unoccupied
spaces. The risk of accidental activation of the fire extinguishing
system while personnel are present near the protected space is highly
unlikely if proper procedures are followed. Proper instructions on
system installation and servicing included in manuals for the 2-BTP
systems should be adhered to. In the case of accidental release,
engineering controls in accordance with the National Fire Protection
Association (NFPA) 2001 Standard on Clean Agent Fire Extinguishing
Systems to limit personnel exposure to discharges should be employed
with 2-BTP systems.
EPA provides additional information on safe use of this substitute
for establishments manufacturing, installing and maintaining equipment
using this agent in the ``Further Information'' column of the
regulatory listing. EPA recommends that a discharge time delay of 30 to
60 seconds is programmed in accordance with the NFPA 2001 standard.
Although exposure is highly unlikely during installation and
maintenance activities, exposure is possible upon reentry into a space
after a system has been discharged. In the event of an accidental
release, the space should be adequately ventilated. EPA recommends that
personnel wear protective clothing, goggles, gloves, and particulate-
removing respirators with National Institute for Occupational Safety
and Health (NIOSH) type N95 or better filters while performing
installation or maintenance, and a self-contained breathing apparatus
(SCBA) while performing clean-up activities to reduce the risk of
exposure. Since this additional information is not part of the
regulatory decision under SNAP, these statements are not binding for
use of the substitute under the SNAP program. While the items listed
are not legally binding under the SNAP program, EPA encourages users of
substitutes to apply all statements in the ``Further Information''
column in their use of this substitute as best practices for safer use.
2-BTP is not expected to cause a significant risk to human health
in the general population when used in total flooding systems in
normally unoccupied areas. The use in spaces under 500 ft\3\ requires a
smaller amount of fire suppressant, reducing potential exposures to
workers and the general public and reducing potential toxicity risks.
Disposal of 2-BTP total flooding systems is subject to local, State,
and Federal regulations, which ensure that 2-BTP and water contaminated
with 2-BTP are not to be dumped into sewers, on the ground, or into any
body of water, but rather taken to a wastewater treatment facility or
disposed of properly. 2-BTP is not considered to be hazardous waste
under EPA regulations implementing RCRA at 40 CFR part 261.
Comparison to other fire suppressants: 2-BTP has an ODP of 0.0028,
comparable to or lower than other acceptable substitutes in this end-
use, with ODPs ranging from zero to 0.048. 2-BTP has a GWP of 0.23-0.26
that is lower than or comparable to that of other acceptable
substitutes for total flooding agents, with GWPs that range from about
zero to 22,800.\63\ 2-BTP is
[[Page 26409]]
considered a VOC and is not excluded from EPA's regulatory definition
of VOC (see 40 CFR 51.100(s)) for the purpose of addressing the
development of SIPs to attain and maintain the NAAQS. Other acceptable
fire suppression agents currently in use in this end-use are also VOC
(e.g., C6-perfluoroketone), and 2-BTP is anticipated to pose
no greater risk than other alternatives listed as acceptable in this
end-use. Emissions of 2-BTP should be controlled by adhering to
standard industry practices. Toxicity risks can be minimized by use
consistent with the NFPA 2001 standard, recommendations in the SDS, and
other safety precautions common in the fire suppression industry. The
potential toxicity risks due to inhalation exposure are common to many
total flooding agents, including those already listed as acceptable
under SNAP for this same end-use. 2-BTP post-activation products are
nonflammable, as are all other available total flooding agents.
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\63\ For SF6, the substitute with the highest GWP,
the SNAP listing finds SF6 as ``acceptable subject to
narrowed use limits.''
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EPA is finalizing listing 2-BTP as acceptable, subject to use
conditions, as a total flooding agent for use in normally unoccupied
spaces under 500 ft\3\ because the overall environmental and human
health risk posed by the substitute is lower than or comparable to the
overall risk posed by other alternatives listed as acceptable in the
same end-use.
b. Streaming Uses
Environmental information: The environmental information for this
substitute is set forth in the ``Environmental information'' section in
listing II.G.3.a above.
Flammability information: 2-BTP is non-flammable.
Toxicity and exposure data: Toxicity and personal protective
equipment (PPE) information is described above under total flooding
applications. EPA evaluated occupational and general population
exposure at manufacture and at end-use to ensure that the use of 2-BTP
as a streaming agent will not pose unacceptable risks to workers or the
general public. For the occupational exposure assessment, EPA has
evaluated the risks associated with potential exposures to 2-BTP during
equipment production operations and the filling of fire extinguishers
as well as in the case of an inadvertent discharge of the fire
extinguisher during maintenance activities.
2-BTP is not expected to pose a risk to workers during manufacture
of 2-BTP fire extinguishers when the engineering controls and PPE
requirements as referenced in the SDS for this substitute are followed.
The potential health risks from exposure to the substitute for
personnel during manufacturing is described above under total flooding
applications.
EPA also assessed potential end-use exposure scenarios at 7.5-
minute and 15-minute TWA exposures for 2-BTP following potential
release of agent from the handheld extinguisher in confined spaces
(e.g., electronics and server rooms).\64\ These exposures were then
compared with the cardiotoxic LOAEL for 2-BTP. All but one modeled 7.5-
minute and 15-minute exposures for varying ventilation rates were lower
than the LOAEL of 10,000 ppm for 2-BTP. The estimated exposures were
derived using conservative assumptions (i.e., no mechanical
ventilation) and represent a worst-case scenario with a low probability
of occurrence. Because anticipated exposures could exceed the exposure
limit for 2-BTP, EPA recommends that standard safety techniques to
ensure safety during the use of 2-BTP fire extinguishers be followed in
non-residential locations. 2-BTP handheld extinguishers should follow
required minimum room volumes established by UL 2129, Halocarbon Clean
Agent Fire Extinguishers,\65\ when discharged into a confined space.
This standard prohibits the exceedance of the cardiotoxic LOAEL for any
fire suppressant (i.e., 10,000 ppm or 1.0% for 2-BTP). Therefore, per
UL 2129, a warning label for 2-BTP extinguishers will mitigate use in
confined spaces. Based on the above results, 2-BTP is not expected to
pose significant risk to end users when used as a streaming fire
extinguishing agent in non-residential applications, except for
commercial home office and personal watercraft. EPA provides additional
information on safe use of this substitute for establishments
manufacturing, installing and maintaining equipment using this agent in
the ``Further Information'' column of the regulatory listing. Since
this additional information is not part of the regulatory decision
under SNAP, these statements are not binding for use of the substitute
under the SNAP program. While the items listed are not legally binding
under the SNAP program, EPA encourages users of substitutes to apply
all statements in the ``Further Information'' column in their use of
this substitute as best practices for safer use.
---------------------------------------------------------------------------
\64\ ICF, 2022r. Risk Screen on Substitutes as Streaming Agents
in Non-Residential Applications. Substitute: 2-bromo-3,3,3-
trifluoropropene (2-BTP).
\65\ UL, 2017. Standard 2129--Halocarbon Clean Agent Fire
Extinguishers. Edition 3. This document is accessible at: https://www.shopulstandards.com/ProductDetail.aspx?UniqueKey=32182.
---------------------------------------------------------------------------
Comparison to other fire suppressants: 2-BTP has an ODP of 0.0028,
comparable to other listed substitutes in this end-use, with ODPs
ranging from zero to 0.022. 2-BTP has a GWP of 0.23-0.26, which for
streaming agents is lower than or comparable to that of other
acceptable substitutes, with GWPs that range from about zero to 9,810.
2-BTP is considered a VOC and is not excluded from EPA's regulatory
definition of VOC (see 40 CFR 51.100(s)) for the purpose of addressing
the development of SIPs to attain and maintain the NAAQS. Other
acceptable fire suppression agents currently in use in this end-use are
also VOC (e.g., C6-perfluoroketone), and 2-BTP is
anticipated to pose no greater risk than other alternatives listed as
acceptable in this end-use. Toxicity risks can be minimized by use
consistent with the NFPA 10 Standard for Portable Fire Extinguishers,
recommendations in the SDS, and other safety precautions common in the
fire suppression industry.
EPA is finalizing listing 2-BTP as acceptable, subject to use
conditions, as a streaming agent for use in non-residential
applications, except for commercial home office and personal
watercraft, because the overall environmental and human health risk
posed by the substitute is lower than or comparable to the overall risk
posed by other alternatives listed as acceptable in the same end-use.
4. What use conditions is EPA finalizing?
EPA is finalizing listing 2-BTP as acceptable, subject to use
conditions. The use conditions are for use in normally unoccupied
spaces under 500 ft\3\ in total flooding fire suppression systems, and
as a streaming agent for use in non-residential applications, except
for commercial home offices and personal watercraft.
5. Why is EPA finalizing these specific use conditions?
EPA is finalizing listing 2-BTP as acceptable, subject to use
conditions, for use only in normally unoccupied spaces under 500 ft\3\
in total flooding fire suppression systems. These space limitations are
consistent with additional information submitted to EPA. The
limitations correspond to use in small, enclosed spaces, such as an
electrical closet. Such spaces would require a smaller amount of fire
suppressant, reducing potential exposures to workers and the general
public and reducing potential toxicity risks.
Additionally, EPA is finalizing listing 2-BTP as acceptable subject
to use conditions as a streaming agent for use
[[Page 26410]]
in non-residential applications, except for commercial home office and
personal watercraft. The definition of ``residential use'' in the SNAP
regulations at 40 CFR 82.172 is use by a private individual of a
chemical substance or any product containing the chemical substance in
or around a permanent or temporary household, during recreation, or for
any personal use or enjoyment. Use within a household for commercial or
medical applications is not included in this definition, nor is use in
automobiles, watercraft, or aircraft. Use in a commercial home office
or in personal watercraft could result in exposure to members of the
general public, including sensitive individuals such as children or the
elderly. In addition, air exchange is often lower in a commercial home
office or a personal watercraft than in industrial or other commercial
applications, potentially resulting in higher exposure levels than in
those other non-residential applications. Because of the more sensitive
populations and potentially higher exposures associated with those
applications, EPA is finalizing listing 2-BTP for use in non-
residential applications other than commercial home office and personal
watercraft.
6. How is EPA responding to comments on 2-BTP?
EPA received one comment on the 2-BTP section of the proposed rule.
The commenter supported finalizing the rule as proposed.
Comment: American Pacific, the manufacturer of 2-BTP, indicated
they ``[s]upport [the proposed rule] findings and conclusions with
respect to the 2-BTP clean fire extinguishant.''
Response: EPA acknowledges the support for this proposed listing,
and for the reasons discussed above, we are finalizing this listing as
proposed.
H. Total Flooding Fire Suppression--Listing of EXXFIRE [supreg] as
Acceptable, Subject to Use Conditions, for Use in Normally Unoccupied
Spaces
1. What is EPA's final listing decision for EXXFIRE [supreg]?
As proposed, EPA is finalizing listing EXXFIRE [supreg] as
acceptable, subject to use conditions, for use in total flooding fire
suppression systems in normally unoccupied spaces. EPA received no
comments relating to the proposed listing of EXXFIRE [supreg]. Prior to
activation, the EXXFIRE [supreg] formulation is in solid form and
contained within a hermetically sealed steel container. Upon detection
of a fire, nitrogen gas is released from the unit. The nitrogen gas
dilutes the oxygen level within the enclosure, and consequently
suppresses the fire. After activation, only gas components exit the
casing. All solid products remain inside the casing before, during and
after activation. Use of this agent should be in accordance with the
safety guidelines in the latest edition of the NFPA 2001 standard.
The redacted submission and supporting documentation for EXXFIRE
[supreg] are provided in the docket for this proposed rule (EPA-HQ-OAR-
2021-0836) at https://www.regulations.gov. EPA performed an assessment
to examine the health and environmental risks of each of this
substitute. This assessment is available in the docket for this
rule.\66\
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\66\ ICF, 2022s. Risk Screen on Substitutes in Total Flooding
Systems in Normally Unoccupied Spaces; Substitute: EXXFIRE [supreg].
---------------------------------------------------------------------------
2. What is EXXFIRE [supreg] and how does it compare to other fire
suppressants in the same end-use?
Environmental information: According to the submitter, the active
ingredients for this technology are nonvolatile solids before
activation so the ODP, atmospheric lifetime, and GWP are all zero. The
gaseous post-activation products that are released upon activation of
the fire suppressant with GWPs are carbon monoxide (CO),
CO2, and various hydrocarbons with GWPs ranging from less
than one to 25; however, these compounds are present in trace amounts,
together making up less than 0.5 percent of the total weight of the
post-activation products. The majority of the post-activation
constituents of EXXFIRE [supreg] are either not organic (e.g.,
nitrogen, oxygen, water, hydrogen) or are excluded from EPA's
regulatory definition of VOC (see 40 CFR 51.100(s)), for the purpose of
addressing the development of SIPs to attain and maintain the NAAQS.
Some constituents of EXXFIRE [supreg] are considered VOC and are not
excluded from EPA's regulatory definition of VOC (see 40 CFR
51.100(s)), including a variety of hydrocarbons; however, these
compounds are present in trace amounts.
Flammability information: EXXFIRE [supreg] post-activation products
are non-flammable, except for certain hydrocarbons that are present in
trace amounts.
Toxicity and exposure data: EPA assessed potential health risks
from exposure. Most post-activation products for EXXFIRE [supreg] are
not expected to result in adverse health effects; however, due to the
potential presence of lithium fluoride, which is acutely toxic upon
inhalation or ingestion and can cause serious skin, eye, and
respiratory tract irritation, the use of this system is only
recommended for use in normally unoccupied spaces. Although expected to
be maintained inside the generator, the potential presence of lithium
fluoride in the post-activation particulate products, justifies the
necessity for personnel to wear proper PPE (i.e., particulate-removing
respirator with NIOSH type N95 or better filters) upon reentry into the
space following a discharge of the system to mitigate those risks. The
submitter indicates that the proposed substitute can reduce oxygen
levels to 10 to 12 percent, which can cause a potential asphyxiation
hazard.
EPA evaluated occupational and general population exposure at
manufacture of EXXFIRE [supreg] systems and at end use to ensure that
the use of EXXFIRE [supreg] will not pose unacceptable risks to workers
or the general public. Exposure is possible upon reentry into a space
after a system has been discharged. Protective gloves, tightly sealed
goggles, protective work clothing, and particulate-removing respirators
should be worn for installation and servicing activities, to protect
workers in any event of potential discharge of the substitute,
accidental or otherwise. Filling or servicing operations should be
performed in well-ventilated areas. Toxicity risks can be minimized by
use consistent with the NFPA 2001 standard, recommendations in the SDS,
and other safety precautions common in the fire suppression industry.
EPA provides additional information on safe use of this substitute for
establishments manufacturing, installing and maintaining equipment
using this agent in the ``Further Information'' column of the
regulatory listing. Since this additional information is not part of
the regulatory decision under SNAP, these statements are not binding
for use of the substitute under the SNAP program. While the items
listed are not legally binding under the SNAP program, EPA encourages
users of substitutes to apply all statements in the ``Further
Information'' column in their use of this substitute as best practices
for safer use.
Comparison to other fire suppressants: EXXFIRE [supreg] has an ODP
of zero, comparable to other listed substitutes in this end-use, with
ODPs ranging from zero to 0.048. For total flooding agents, EXXFIRE
[supreg] has a GWP of zero prior to activation (and one to 25 for
certain post-activation products present in trace amounts), which is
comparable to or lower than that of other acceptable substitutes, such
as HFC-227ea and other substitutes with
[[Page 26411]]
GWPs up to 22,800.\67\ The majority, approximately 99.5 percent, of the
post-activation constituents of EXXFIRE [supreg] are either not organic
or are excluded from EPA's regulatory definition of VOC (see 40 CFR
51.100(s)), for the purpose of addressing the development of SIPs to
attain and maintain the NAAQS. EXXFIRE [supreg] is anticipated to pose
no greater risk than other alternatives listed as acceptable in this
end-use. Toxicity risks can be minimized by use consistent with the
NFPA 2001 standard, recommendations in the SDS, and other safety
precautions common in the fire suppression industry. The potential
toxicity risks due to inhalation exposure are common to many total
flooding agents, including those already listed as acceptable under
SNAP for this same end-use. EXXFIRE [supreg]'s post-activation products
are nonflammable, as are all other available total flooding agents.
---------------------------------------------------------------------------
\67\ For SF6, the substitute with the highest GWP,
the SNAP listing finds SF6 as ``acceptable subject to
narrowed use limits.''
---------------------------------------------------------------------------
EPA is finalizing listing EXXFIRE [supreg] as acceptable, subject
to use conditions, in the end-use listed above because it does not pose
greater overall environmental and human health risk than other
available substitutes in the same end-use.
3. What use conditions is EPA finalizing and why?
Consistent with the request by the submitter, and information we
have available at this time for our review, the use condition requires
that EXXFIRE [supreg] be used in total flooding fire suppression
systems only in areas that are not normally occupied. EPA conducted
this evaluation for use only in unoccupied spaces, and information was
provided by the submitter in the SNAP application specific for this
type of space based on EPA guidance.\68\ EPA needs additional
information, such as additional toxicity test information, to issue a
listing for normally occupied spaces, compared to a listing for
normally unoccupied spaces. This is because of the greater risk that
workers or members of the general public may be exposed if a fire
suppressant is used in normally occupied spaces. In the absence of such
information, as described in EPA's guidance, EPA issues listings for
powdered aerosol fire suppressants as acceptable subject to use
conditions for use in normally unoccupied spaces only.
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\68\ EPA, 2004. A Guide to Completing a Risk Screen: Collection
and Use of Risk Screen Data. Fire Suppression Sector. April 2004.
---------------------------------------------------------------------------
4. How is EPA responding to comments on EXXFIRE [supreg]?
No comments were received regarding EPA's proposed listing for
EXXFIRE [supreg], and for the reasons explained above EPA is finalizing
this listing as proposed.
I. Total Flooding Fire Suppression--Listing of Powdered Aerosol H
(Pyroquench-[alpha] TM) as Acceptable, Subject to Use
Conditions, for Use in Normally Unoccupied Spaces
1. What is EPA's final listing decision for Powdered Aerosol H?
As proposed, EPA is finalizing listing Powdered Aerosol H, also
known as Pyroquench-[alpha] TM, as acceptable, subject to
use conditions, for use in total flooding fire suppression systems in
normally unoccupied spaces. EPA received no comments relating to the
proposed listing of Powdered Aerosol H. Prior to activation, the
Powdered Aerosol H formulation is contained as a solid disk of
chemicals in insulated and dual-sealed casings. In response to heat and
lack of oxygen, the formulation undergoes a chemical reaction; once the
Powdered Aerosol H system is activated, it generates and discharges a
homogenous mixture of gas and particulates into a space containing a
fire hazard or directly on the hazard itself, extinguishing the fire.
In the ``Further Information'' column of the tables at the end of this
document, we state that use of this agent should be in accordance with
the safety guidelines in the latest edition of the NFPA 2010 Standard
for Fixed Aerosol Fire Extinguishing Systems.
The redacted submission and supporting documentation for Powdered
Aerosol H are provided in the docket for this final rule (EPA-HQ-OAR-
2021-0836) at https://www.regulations.gov. EPA performed an assessment
to examine the health and environmental risks of each of this
substitute. This assessment is available in the docket for this final
rule.69 70
---------------------------------------------------------------------------
\69\ ICF, 2022t. Risk Screen on Substitutes in Total Flooding
Systems in Normally Unoccupied Spaces; Substitute: Pyroquench-
[alpha]TM.
\70\ ICF, 2023b. Risk Screen on Substitutes in Total Flooding
Systems in Normally Unoccupied Spaces; Substitute: Pyroquench-
[alpha]TM.
---------------------------------------------------------------------------
2. What is Powdered Aerosol H and how does it compare to other fire
suppressants in the same end-use?
Environmental information: According to the submitter, the active
ingredients for this technology are nonvolatile solids before
activation so the ODP, atmospheric lifetime, and GWP are all zero. The
gaseous post-activation products that are released upon activation of
the fire suppressant with GWPs are nitrogen dioxide (NO2)
and CO2, with GWPs of close to zero 71 72 and
one, respectively. The post-activation constituents of Powdered Aerosol
H are excluded from EPA's regulatory definition of VOC (see 40 CFR
51.100(s)), for the purpose of addressing the development of SIPs to
attain and maintain the NAAQS.
---------------------------------------------------------------------------
\71\ Myhre, et.al., 2013: Anthropogenic and Natural Radiative
Forcing. In: Climate Change 2013: The Physical Science Basis.
Contribution of Working Group I to the Fifth Assessment Report of
the Intergovernmental Panel on Climate Change [Stocker, T.F., D.
Qin, G.-K. Plattner, M. Tignor, S.K. Allen, J. Boschung, A. Nauels,
Y. Xia, V. Bex and P.M. Midgley (eds.)]. Cambridge University Press,
Cambridge, United Kingdom and New York, NY, USA. Available online
at: https://www.ipcc.ch/report/ar5/wg1/.
\72\ In the proposal for this rule, EPA incorrectly noted the
GWP for NO2 as 120. EPA is correcting the GWP and
citation in this final rule. This correction does not change EPA's
listing of acceptable, subject to use conditions, as set forth in
the rule, for use of Powdered Aerosol H in fire protection.
---------------------------------------------------------------------------
Flammability information: Powdered Aerosol H post-activation
products are non-flammable.
Toxicity and exposure data: EPA assessed potential health risks
from exposure to the proposed substitute as a total flooding agent in
normally unoccupied spaces. Because the pre-activation components of
the fire suppressant are prepared in tablets that are non-reactive and
do not crumble or flake, there is no concern regarding inhalation or
ingestion of the pre-activation compounds. The discharge of the
powdered aerosol after activation results in temporary reduced
visibility in the protected space due to the uniform distribution of
the particulate generated and may cause ocular, dermal, and respiratory
irritation. EPA recommends that workers not enter the space following
discharge until all particles have settled and the gases released by
the total flooding system have dissipated. Use according to the NFPA
2010 Standard will reduce any safety risks due to reduced visibility.
The use of proper PPE, such as protective clothing, gloves, goggles,
and particulate-removing respirators, during manufacturing, at
installation, maintenance, and clean-up, minimizes personnel exposure
from inhalation of the substitute. EPA provides additional information
on safe use of this substitute for establishments manufacturing,
installing and maintaining equipment using this agent in the ``Further
Information'' column of the regulatory listing. Since this additional
information is not part of the regulatory decision under SNAP, these
[[Page 26412]]
statements are not binding for use of the substitute under the SNAP
program. While the items listed are not legally binding under the SNAP
program, EPA encourages users of substitutes to apply all statements in
the ``Further Information'' column in their use of this substitute as
best practices for safer use.
EPA expects that procedures identified in the SDS for Powdered
Aerosol H and good manufacturing practices will be adhered to, and that
the appropriate safety and personal PPE consistent with OSHA guidelines
will be used during installation, servicing, post-discharge clean-up
and disposal of total flooding systems using Powdered Aerosol H. The
manufacturer guidance upon installation of the system provides the
appropriate time after which workers may re-enter the area for disposal
to allow the maximum settling of all particulates.
Comparison to other fire suppressants: The post-activation products
of Powdered Aerosol H have an ODP of zero, comparable to or lower than
other listed substitutes in this end-use, with ODPs ranging from zero
to 0.048. For total flooding agents, Powdered Aerosol H's GWP of zero
prior to activation (and close to zero and one for certain post-
activation products) is comparable to or lower than that of other
acceptable substitutes, such as HFC-227ea and other substitutes with
GWPs up to 22,800.\73\ Other acceptable substitutes in this end-use
have comparable GWPs ranging from zero to one, such as water, inert
gases, and other powdered aerosol fire suppressants. Toxicity risks can
be minimized by use consistent with the NFPA 2010 standard,
recommendations in the SDS, and other safety precautions common in the
fire suppression industry. The potential toxicity risks due to
inhalation exposure are common to many total flooding agents, including
those already listed as acceptable under SNAP for this same end-use.
Powdered Aerosol H's post-activation products are nonflammable, as are
all other available total flooding agents.
---------------------------------------------------------------------------
\73\ For SF6, the substitute with the highest GWP,
the SNAP listing finds SF6 as ``acceptable subject to
narrowed use limits.''
---------------------------------------------------------------------------
EPA is finalizing listing Powdered Aerosol H as acceptable, subject
to use conditions, in the end-use listed above because it does not pose
greater overall environmental and human health risk than other
available substitutes in the same end-use.
3. What use conditions is EPA finalizing and why?
Consistent with the submitter's request, and information we have
available at this time for our review, EPA finalizes the use condition
that Powdered Aerosol H be used in total flooding fire suppression
systems only in areas that are not normally occupied. EPA conducted
this evaluation for use only in unoccupied spaces, and information was
provided by the submitter in the SNAP application specific for this
type of space based on EPA guidance.\74\ EPA needs additional
information, such as additional toxicity test information, to issue a
listing for normally occupied spaces, compared to a listing for
normally unoccupied spaces. This is because of the greater risk that
workers or members of the general public may be exposed to if a fire
suppressant is used in normally occupied spaces. In the absence of such
information, as described in EPA's guidance, EPA issues listings for
powdered aerosol fire suppressants as acceptable subject to use
conditions for use in normally unoccupied spaces only.
---------------------------------------------------------------------------
\74\ EPA, 2004. A Guide to Completing a Risk Screen: Collection
and Use of Risk Screen Data. Fire Suppression Sector. April, 2004.
---------------------------------------------------------------------------
4. How is EPA responding to comments on Powdered Aerosol H?
No comments were received regarding EPA's proposed listing for
Powdered Aerosol H, and for the reasons discussed above, EPA is
finalizing this section of the rulemaking as proposed.
J. How is EPA responding to other comments?
Comment: Several commenters (AHRI, the Alliance, AHAM, Carrier,
EIA, Brigett Griffin, LG Electronics, Chemours, and Trane) noted
general support for this rulemaking. Additionally, the Alliance and
AHAM stressed a desire for the Agency to issue a final rule in a timely
manner to ensure that lower GWP alternatives are available. Trane noted
their support for a transition to lower flammability ``A2L''
refrigerants.
Response: EPA acknowledges the commenters' support of the listings
in this rulemaking. The Agency acknowledges Trane's support for listing
A2L refrigerants. EPA is finalizing many listing decisions as proposed
and is finalizing other listing decisions with relatively minor changes
that address and incorporate information provided in comments as
described throughout the preamble above.
Comment: EIA commented on the GWP of HFC-32 and noted that
refrigerants like HFC-32 have lower GWPs than the chemicals they
replace and are near-term solutions which help facilitate the reduction
in demand for HFCs under the American Innovation and Manufacturing
(AIM) Act of 2020. EIA urged that EPA should consider restricting these
refrigerants in the future, once additional ultra-low GWP refrigerants
become more widely adopted.
Response: EPA acknowledges EIA's concern for the GWPs of various
refrigerants and recognition that new alternatives will be more widely
adopted in the future. EPA plans to continue to review the GWPs of
substitutes consistent with the SNAP program criteria. EIA's comment on
the AIM Act is beyond the scope of this action.
Comment: Diversified CPC International stated that EPA should
consider listing the ASHRAE A3 refrigerants R-290, R-600, R-600a, R-
601a, R-1270, and blends (i.e., propane, butane, isobutane, isopentane,
propylene, and blends) as acceptable to align with UL 60335-2-89, 2nd
Edition and UL 60335-2-40, 3rd Edition. Additionally, Diversified CPC
International and EIA stated that they hoped EPA will prioritize
adoption of revised use conditions for refrigeration equipment in a
future rule to take into account UL 60335-2-89, 2nd Edition, which
would include expanded charge limits for hydrocarbons up to 500 g in
self-contained equipment. EIA also stated that modernizing standards
for commercial refrigeration will open a pathway for companies to
significantly reduce climate impacts while maintaining safe systems.
ATMOsphere urged that EPA consider the impending use of hydrocarbons in
chillers, ACs and HPs and stated that such systems are becoming widely
used in Europe.
Response: EPA acknowledges these comments expressing support for
hydrocarbons in the refrigeration and AC sector. EPA did not propose to
revise the current use conditions for R-290 or the hydrocarbon blend R-
441A for use in self-contained room ACs and HPs. The Agency also did
not propose to list R-290, R-600, R-600a, R-601a, R-1270, and blends
for use in other end-uses. Therefore, these comments are beyond the
scope of this rulemaking. The Agency may consider proposing additional
listings, including listings for hydrocarbons and other lower-GWP
refrigerants in commercial refrigeration in future rulemakings, in
addition to updating use conditions for existing hydrocarbon listings.
EPA
[[Page 26413]]
acknowledges that in other countries, refrigerants used in chillers may
differ from the United States. The Agency's review of substitutes
relies on the SNAP program criteria and the conditions in the United
States, not on whether a substitute is in use elsewhere.
Comment: ATMOsphere urged the use of refrigerants such as
hydrocarbons, CO2, and ammonia in split-system AC, household
refrigerators, supermarket cases, HPs, HP water heaters, and chillers.
Response: EPA acknowledges the increasing use of both fluorinated
and non-fluorinated alternatives to ODS. In this action, EPA did not
propose to list hydrocarbons, CO2, or ammonia and thus is
not finalizing such a listing in this final rule. The Agency intends to
consider proposing additional listings, including listings for non-
fluorinated alternatives, in future rulemakings.
Comment: Savannah River Nuclear Solutions stated that EPA needs to
exempt the flammable refrigerants identified as being exempt from the
venting prohibition contained in 40 CFR 82.l54(a) from RCRA by adding
language to 40 CFR 261.2 and/or 40 CFR 261.4. This commenter stated
that the lack of exemption in 40 CFR 261.2 and/or 40 CFR 261.4 has
resulted in confusion on EPA's position with respect to RCRA regulation
of flammable refrigerants that are exempted under 40 CFR 82.154(a) from
the venting prohibition. Savannah River Nuclear Solutions noted that
the refrigerants in the end-uses described at Subpart G, Appendix R,
Items l, 2, 5 and 6 in the July 28, 2022 NPRM are exempt from the
venting prohibition contained in 40 CFR 82.l54(a) and in this text,
there is no indication the recovery or disposal of these refrigerants
in these end uses are hazardous waste under RCRA even when venting
occurs in a non-household setting. This commenter cited from multiple
rulemakings that exempted certain refrigerants from the venting
prohibition under CAA section 608(c)(2).
Response: EPA did not open for comment the listings 1 through 6 in
appendix R to 40 CFR part 82, subpart G mentioned by the commenter.
Rather, those entries were republished ``to bring the table in line
with the Office of the Federal Register's general requirement for
orderly codification by: adding entry numbers, replacing prohibited
language, and properly formatting the footnotes.'' (87 FR at 45509;
July 28, 2022). Similarly, EPA did not reopen the regulations at 40 CFR
261.2 and 40 CFR 261.4 through the NPRM. For these reasons, EPA
considers the comment to be outside of the scope of this rulemaking.
In light of the commenter's statement about confusion regarding the
RCRA regulation of flammable refrigerants that are exempted under 40
CFR 82.154(a) from the venting prohibition, we note that we have
already addressed the applicability of RCRA to spent refrigerants in a
previous SNAP rule, which states, for example, that ``propane and other
HCs being recovered, vented, released, or otherwise disposed of from
commercial and industrial appliances are likely to be hazardous waste
under RCRA (see 40 CFR parts 261 through 270).'' (See 81 FR at 86799-
86800, December 1, 2016, for additional information).
Comment: ATMOsphere, EIA, and an anonymous member of the public
commented on the atmospheric decomposition of HFC-134a and HFO-1234yf
into trifluoroacetic acid (TFA). ATMOsphere stated that TFA is
collecting in the environment, and EIA claimed that ``the presence of
persistent fluorinated by-products of HFCs and HFOs is increasing in
the environment,'' citing studies finding increasing levels of TFA in
ice cores,\75\ rainwater,\76\ groundwater,\77\ and leaf samples.\78\
All three commenters expressed concern about the potential risks TFA
might pose to human health and the environment. EIA asserted, ``it is
reasonable to conduct a complete review of these chemicals rather than
allow their continued proliferation,'' and suggested that EPA should
evaluate the potential risks from TFA through future SNAP regulations.
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\75\ Chemical and Engineering News, May 1, 2020. ``CFC
replacements are a source of persistent organic pollution in the
Arctic.'' K. Bourzic. Available online at: https://cen.acs.org/environment/persistent-pollutants/CFC-replacements-source-persistent-organic/98/web/2020/05.
\76\ Freeling et al., 2020. F. Freeling, D. Behringer, F.
Heydel, M. Scheurer, T. Ternes, and K. N[ouml]dler.
``Trifluoroacetate in Precipitation: Deriving a Benchmark Data Set''
Environ. Sci. Technol. 2020, 54, 18, 11210-11219. August 17, 2020.
Available online at: https://pubs.acs.org/doi/10.1021/acs.est.0c02910.
\77\ Zihan Zhai et al., 2015. Zihan Zhai, Jing Wu, Xia Hu, Li
Li, Junyu Guo, Boya Zhang, Jianxin Hu, and Jianbo Zhang. ``A 17-fold
increase of trifluoroacetic acid in landscape waters of Beijing,
China during the last decade,'' Chemosphere. 2015 Jun; 129:110-7.
doi: 10.1016/j.chemosphere.2014.09.033. Abstract available online at
https://pubmed.ncbi.nlm.nih.gov/25262947/.
\78\ Freeling et al., 2022. F. Freeling, M. Scheurer, J.
Koschorreck, G. Hoffmann, T.A. Ternes, and K. N[ouml]dler. ``Levels
and Temporal Trends of Trifluoroacetate (TFA) in Archived Plants:
Evidence for Increasing Emissions of Gaseous TFA Precursors over the
Last Decades,'' Environ. Sci. Technol. Lett. 2022, 9, 5, 400-405.
April 18, 2022. Available online at: https://pubs.acs.org/doi/10.1021/acs.estlett.2c00164.
---------------------------------------------------------------------------
Response: EPA appreciates the information provided by EIA on the
atmospheric decomposition of HFO-1234yf to TFA. We note that several
studies and reports provide further information about this topic. A
2014 study by Kazil, et al. analyzed TFA deposition in the United
States assuming 100 percent of all motor vehicle air conditioning
(MVAC) systems use HFO-1234yf, which was the largest use of HFO-1234yf
at that time.\79\ The results indicated that rainwater TFA
concentrations, while varying strongly geographically, will on average
be low compared to the levels at which toxic effects are observed in
aquatic systems. Similarly low TFA concentrations were estimated for
emissions of HFO-1234yf from Asia in a 2021 study by David, et al.\80\
The World Meteorological Organization also provided a summary of key
information pertaining to TFA in their 2022 report to the Montreal
Protocol.\81\ The report states:
---------------------------------------------------------------------------
\79\ Kazil et al., 2014. ``Deposition and rainwater
concentrations of trifluoroacetic acid in the United States from the
use of HFO-1234yf'' J. Kazil, S. McKeen, S.-W. Kim, R. Ahmadov, G.A.
Grell, R.K. Talukdar, A.R. Ravishankara. JGR Atmospheres. Volume
119, Issue 24. December 27, 2014. Pages 14,059-14,079. October 31,
2014. Available online at https://agupubs.onlinelibrary.wiley.com/doi/full/10.1002/2014JD022058.
\80\ David et al., 2021. ``Trifluoroacetic acid deposition from
emissions of HFO-1234yf in India, China, and the Middle East,''
Volume 21, issue 19. Atmos. Chem. Phys., 21, 14833-14849, 2021.
https://doi.org/10.5194/acp-21-14833-2021. Available online at
ttps://acp.copernicus.org/articles/21/14833/2021/.
\81\ World Meteorological Organization (WMO), 2022. Executive
Summary. Scientific Assessment of Ozone Depletion: 2022, GAW Report
No. 278, 56 pp.; WMO: Geneva, 2022. Available online at https://ozone.unep.org/system/files/documents/Scientific-Assessment-of-Ozone-Depletion-2022-Executive-Summary.pdf.
The formation in the atmosphere of trifluoroacetic acid (TFA) is
expected to increase in the coming decades due to increased use of
HFOs and HCFOs. TFA, a breakdown product of some HFCs, HCFCs, HFOs
and HCFOs, is a persistent chemical with potential harmful effects
on animals, plants, and humans. The concentration of TFA in
rainwater and ocean water is, in general, significantly below known
toxicity limits at present. Potential environmental impacts of TFA
---------------------------------------------------------------------------
require future evaluation due to its persistence. (p. 14)
Most TFA currently found in the environment resulting from
decomposition of refrigerants likely derived from HFC-134a, which is
being phased down and the use of which is anticipated to decrease in
end-uses where safer alternatives are found acceptable under the SNAP
program. EPA also notes that the modeling studies referenced generally
assume a one-to-one substitution of HFO-1234yf for HFC-134a to be
conservative;
[[Page 26414]]
however, none of the end-uses in this final rule where HFO-1234yf is
being listed as acceptable are anticipated to cause a one-for-one
transition from HFC-134a to HFO-1234yf. Any increase in TFA deposition
due to this rule is expected to be less than the modeled increases in
TFA from studies that found the levels of TFA in the environment
remained, ``too small to be a risk to the environment over the next few
decades.'' Use of HFO-1234yf and concerns about TFA in applications not
addressed by this final rule are outside the scope of this rulemaking.
There are ongoing evaluations of the potential risks of TFA
exposure. In 2020, the Environmental Effects Assessment Panel (EEAP) to
the Montreal Protocol released an update \82\ to its report on the
environmental effects of stratospheric ozone depletion, UV radiation,
and interactions with climate change, including the potential effects
of TFA from ODS and their substitutes. That report noted that TFA ``has
a no-observed-effect-concentration (NOEC) for aquatic species, which is
typically >10,000 [mu]g/L,'' while ``analysis of 1187 samples of
rainwater collected in eight locations across Germany in 2018-2019
showed median and a precipitation-weighted mean concentration of TFA of
0.210 [mu]g/L and 0.335 [mu]g/L, respectively,'' and ``another recent
paper reported TFA . . . in precipitation in the low [mu]g/L range
across 28 cities in mainland China.'' These studies and others led the
EEAP to state, ``Trifluoroacetic acid continues to be found in the
environment, including in remote regions, although not at
concentrations likely to have adverse toxicological consequences.''
---------------------------------------------------------------------------
\82\ EEAP, 2020. ``Environmental effects of stratospheric ozone
depletion, UV radiation, and interactions with climate change: UNEP
Environmental Effects Assessment Panel, Update 2020.'' Photochemical
& Photobiological Sciences https://doi.org/10.1007/s43630-020-00001-x. Available online at: https://engineering.case.edu/centers/sdle/sites/engineering.case.edu.centers.sdle/files/neale_et_al._-_2021_-_environmental_effects_of_stratospheric_ozone_deple.pdf.
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In its 2021 Summary Update for Policymakers,\83\ the EEAP stated:
---------------------------------------------------------------------------
\83\ EEAP, 2021. ``Summary Update 2021 for Policymakers'' UNEP
Environmental Effects Assessment Panel. Available online at: https://ozone.unep.org/sites/default/files/assessment_panels/EEAP-summary-update-2021-for-policymakers.pdf.
TFA likely has natural geochemical sources, is widely used in
industry and research laboratories, and is a by-product of the
synthesis and degradation of fluorinated and perfluorinated
compounds (PFCs). . . . TFA has recently been found in
precipitation, surface waters, and indoor dust in China . . .,
although concentrations are below those considered toxic. No
additional studies on the toxicity of TFA to organisms have been
reported, but prior research has shown that this compound is not
highly toxic to mammals and aquatic organisms, although some plants
and algae may be sensitive. . . . At present, it is not possible to
quantify the proportion of anthropogenic sources of TFA resulting
from substances not falling under the purview of the Montreal
Protocol, but available evidence indicates that this breakdown
product is of minimal risk to human health. (p. 10; references in
---------------------------------------------------------------------------
the text omitted here)
In response to EIA's suggestion that EPA evaluate potential risks
from TFA through future SNAP rules, EPA notes that it does consider
ecotoxicity as a criterion when evaluating alternatives under SNAP's
comparative risk framework, and the Agency has considered the potential
impacts of TFA in past actions that found HFO-1234yf acceptable in
certain end-uses. For example, EPA studied the potential generation of
TFA when first listing neat (i.e., 100%, not in blends) HFO-1234yf as
acceptable, subject to use conditions, in motor vehicle air
conditioning. The myriad studies EPA referenced all concluded that the
additional TFA from HFO-1234yf did not pose a significant additional
risk, even if it were assumed to be used as the only refrigerant in all
refrigeration and air conditioning equipment (76 FR 17492-17493, March
29, 2011). The Agency intends to continue its approach to evaluating
the potential risks from TFA in future SNAP regulations. Based on
current information, EPA does not consider the overall risk to human
health and the environment due to the listings in this final rule to be
significantly greater than for other available or potentially available
substitutes for the same uses.
Comment: Three commenters (ATMOsphere, EIA, and an anonymous
commenter) expressed concern about per- and poly-fluoroalkyl substances
(PFAS). Commenters noted that under some definitions of PFAS, HFCs and
HFOs discussed in this rule are considered PFAS, and two of the
commenters suggested EPA should adopt a particular definition of PFAS.
The commenters noted that some PFAS chemicals, e.g., perfluorooctanoic
acid (PFOA) and perfluorooctane sulfonate (PFOS), present risks to
human health and the environment.
Response: EPA understands that currently, there is no single
commonly agreed definition of PFAS, and whether or not HFCs or HFOs are
classified as PFAS depends on the definition being used. EPA's PFAS
roadmap, available at https://www.epa.gov/pfas, sets timelines for
specific actions and outlines EPA's commitments to new policies to
safeguard public health, protect the environment, and hold polluters
accountable. This rule does not in any way establish a definition of
PFAS, nor do the listing decisions depend on a specific definition. In
evaluating alternatives using its comparative risk framework, SNAP
already considers potential risks to human health and the environment.
Regardless of what definition of PFAS is used, not all PFAS are the
same in terms of toxicity or any other risk. Some PFAS have been shown
to have extremely low toxicity, for example. If a chemical has been
found to present lower overall risk to human health or the environment,
it might be found acceptable under SNAP regardless of whether or not it
falls under a particular definition of PFAS. Likewise, SNAP might not
find a potential alternative acceptable if it presented greater overall
risk, regardless of whether or not it falls under a particular
definition of PFAS. As described in the risk screens for alternatives
found in the docket for this rulemaking, potential risk to human health
or the environment has been considered directly for each chemical, and
the risks are not assumed to follow from a chemical falling into any
particular category of substances.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
OMB has previously approved the information collection activities
contained in the existing regulations and has assigned OMB control
number 2060-0226. The approved Information Collection Request includes
five types of respondent reporting and recordkeeping activities
pursuant to SNAP regulations: submission of a SNAP petition, filing a
Toxic Substances Control Act (TSCA)/SNAP Addendum, notification for
test marketing activity, recordkeeping for substitutes acceptable
subject to use restrictions, and recordkeeping for small volume uses.
This action does not impose a new information collection burden under
the PRA because the existing Information Collection Request already
includes recordkeeping for substitutes acceptable subject to use
restrictions--i.e., acceptable subject to
[[Page 26415]]
use conditions or acceptable subject to narrowed use limits.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, EPA concludes that the impact of concern for
this rule is any significant adverse economic impact on small entities
and that the agency is certifying that this rule will not have a
significant economic impact on a substantial number of small entities
because the rule has no net burden on the small entities subject to the
rule. This action adds the additional options under SNAP of using HFC-
32, HFO-1234yf, R-452B, R-454A, R-454B, R-454C, R-1150, 2-BTP, EXXFIRE
[supreg], and Powdered Aerosol H, in the specified end-uses, but does
not mandate such use. Users who choose to avail themselves of this
flexibility for R-1150 must make a reasonable effort to ascertain that
other substitutes or alternatives are not technically feasible and must
document and keep records of the results of such investigations.
Because equipment for HFC-32, HFO-1234yf, R-452B, R-454A, R-454B, and
R-454C is not manufactured yet in the U.S. for the chillers and
residential dehumidifiers end-uses, no change in business practice is
required to meet the use conditions, resulting in no adverse impact
compared with the absence of this rule. Similarly, R-1150, 2-BTP,
EXXFIRE [supreg], and Powdered Aerosol H are listed as acceptable with
use conditions consistent with industry standards and with the intended
uses described by the submitters, also requiring no change in business
practices and resulting in no adverse impact compared with the absence
of this rule. The new use conditions for HFC-32 in self-contained room
ACs and HPs were requested by industry and allow use consistent with
the more recent standard, UL 60335-2-40, while also allowing continued
use with another existing standard, UL 484, until the consensus
standard setting organization sunsets that older standard; these would
allow for greater consistency in business practices for different types
of equipment using the same refrigerant while giving industry time to
transition between two industry standards. Equipment for HFC-32 already
manufactured prior to the effective date of this final rule would not
be affected. Self-contained room ACs and HPs using HFC-32 have been
subject to similar use conditions, and thus the updated requirements
result in no adverse impact compared with the absence of this rule.
Thus, the final rule will not impose new costs on small entities. We
have therefore concluded that this action will have no net regulatory
burden for any directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any State,
local or Tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. 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. EPA periodically updates Tribal officials on air
regulations through the monthly meetings of the National Tribal Air
Association and will share information on this rulemaking through this
and other formats.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because EPA does not believe the environmental health or safety risks
addressed by this action present a disproportionate risk to children.
While EPA has not conducted a separate analysis of risks to infants and
children associated with this rule, the rule does contain use
conditions that would reduce exposure risks to the general population,
with the reduction of exposure being most important to the most
sensitive individuals. This action's health and risk assessments are
contained in the comparisons of toxicity for the various substitutes,
as well as in the risk screens for the substitutes that are listed in
this rule. The risk screens are in the docket for this rulemaking.
H. Executive Order 13211: Actions 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.
I. National Technology Transfer and Advancement Act and 1 CFR Part 51
This action involves technical standards. EPA has decided to use
and incorporate by reference three technical safety standards in the
use conditions for the types of refrigeration and air conditioning
equipment addressed in this action: two standards developed by UL and
one developed by ASHRAE.
EPA incorporates by reference the 2019 edition of UL Standard
60335-2-40, which establishes requirements for the evaluation of
commercial and residential AC and dehumidifier equipment and safe use
of flammable refrigerants, among other things. Additionally, EPA uses
and incorporates by reference the 2021 edition of UL Standard 61010-2-
011, which establishes requirements for the evaluation of laboratory
equipment and safe use of flammable refrigerants, among other things.
These standards are discussed in greater detail in sections II.E and
II.F.4 of this preamble.
The 2019 UL Standard 60335-2-40 and 2021 UL Standard 61010-2-011
are available at https://www.shopulstandards.com/ProductDetail.aspx?UniqueKey=36463 and may be purchased by mail at:
COMM 2000, 151 Eastern Avenue, Bensenville, IL 60106; Email:
[email protected]; phone: 1-888-853-3503 in the U.S. or Canada
(other countries dial 1-415-352-2178); website: https://ulstandards.ul.com/ or www.comm-2000.com. The cost of each of the 2019
UL Standard 60335-2-40 and 2021 UL Standard 61010-2-011 is $440 for an
electronic copy and $550 for hardcopy. UL also offers a subscription
service to the Standards Certification Customer Library that allows
unlimited access to their standards and related documents. The cost of
obtaining this standard is not a significant financial burden for
equipment manufacturers and purchase is not necessary for those
selling, installing, and servicing the equipment. Therefore, EPA
concludes that the UL standards incorporated by reference is reasonably
available.
EPA is also incorporating by reference ANSI/ASHRAE Standard 15-
2019,
[[Page 26416]]
Safety Standard for Refrigeration Systems, in the use conditions for
six refrigerants listed for use in chillers. This standard concerns the
safe design, construction, installation, and operation of refrigeration
systems. This standard is available at https://www.ashrae.org/resources-publications/bookstore/standards-15-34 and may be purchased
by mail at: 6300 Interfirst Drive, Ann Arbor, MI 48108; by phone: 1-
800-527-4723 in the U.S. or Canada; website: https://www.techstreet.com/ashrae/ashrae_standards.html?ashrae_auth_token=. The cost of ASHRAE
Standard 15-2019 is $159.00 for an electronic copy or hardcopy. The
cost of obtaining this standard is not a significant financial burden
for equipment manufacturers or for those selling, installing and
servicing the equipment. Therefore, EPA concludes that the ASHRAE
standard incorporated by reference is reasonably available.
EPA is incorporating by reference the following addenda to ANSI/
ASHRAE Standard 15-2019, available at https://www.ashrae.org/technical-resources/standards-and-guidelines/standards-addenda:
Addendum a, ANSI-approved February 6, 2020, concerning
updates to providing capacity factors for overpressure protection and
introducing a method for calculating pressure relief capacity factors
for refrigerants not included in the standard.
Addendum b, ANSI-approved February 6, 2020, concerning
updates to the definition of ``listed,'' and adding the term
``labeled.''
Addendum c, ANSI-approved September 1, 2020, concerning
updates to allow the use of equipment using small amounts of non-A1
refrigerants if they are listed to appropriate safety standards.
Addendum d, ANSI-approved April 29, 2022, concerning
clarification that the standard does not apply to residential
refrigeration systems.
Addendum e, ANSI-approved January 27, 2022, concerning
revisions to requirements related to refrigerant piping.
Addendum f, ANSI-approved September 30, 2020, concerning
the addition of a new appendix providing clarifying, nonmandatory
information, movement of mandatory information into the body of the
standard, and updates to references.
Addendum i, ANSI-approved July 31, 2020, concerning the
modification of the standard by deferring regulation of ammonia
refrigeration to ANSI/IIAR 2 and removal of erroneous references to
ammonia.
Addendum j, ANSI-approved October 30, 2020, concerning the
replacement of the terms ``flammable'' and ``nonflammable'' with the
specific refrigerant class.
Addendum k, ANSI-approved October 30, 2020, concerning the
modification of the existing listing requirement in the standard by
clarifying the acceptable product safety listing standards.
Addendum m, ANSI-approved June 30, 2022, concerning the
modification of allowances for the use of mechanical ventilation to
expand this mitigation strategy for human comfort applications using
A2L refrigerants, helping to harmonize the standard with UL 60335-2-40,
3rd Edition.
Addendum n, ANSI-approved May 31, 2022, concerning the
address of a continuous maintenance proposal to clarify wording about
airflow face velocity.
Addendum o, ANSI-approved April 29, 2022, concerning the
clarification of notification requirements.
Addendum q, ANSI-approved May 31, 2022, concerning the
modification of requirements for mechanical ventilation in machinery
rooms using only 2L classified refrigerants, updates to the graphical
method for determining required ventilation rates, and addition of an
alternate calculation method for compliance.
Addendum r, ANSI-approved May 31, 2022, concerning the
modification of the definition of machinery rooms.
EPA has already incorporated the following standards into appendix
R: UL 471 (November 24, 2010); UL 484 (December 21, 2007, with changes
through August 3, 2012); UL 541 (December 30, 2011); and UL 60335-2-24
(April 28, 2017).
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations.
EPA believes that the human health or environmental conditions that
exist prior to this action result in or have the potential to result in
disproportionate and adverse human health or environmental effects on
people of color, low-income populations and/or indigenous peoples. This
action's health and environmental risk assessments are contained in the
comparison of health and environmental risks for HFC-32, HFO-1234yf, R-
452B, R-454A, R-454B, R-454C, R-1150, 2-BTP, EXXFIRE[supreg], and
Powdered Aerosol H, as well as in the risk screens that are available
in the docket for this rulemaking. EPA's analysis indicates that other
environmental impacts and human health impacts of HFC-32, HFO-1234yf,
R-452B, R-454A, R-454B, R-454C, R-1150, 2-BTP, EXXFIRE[supreg], and
Powdered Aerosol H are comparable to or less than those of other
substitutes that are listed as acceptable for the same end-use. Because
adoption of the new substitutes listed in this final rule is voluntary,
the Agency is unable to quantify when, where, and how much of the
listed substitutes will be produced and used. Thus, EPA cannot
determine the extent to which this rule will exacerbate or reduce
existing disproportionate adverse effects on communities of color and
low-income people as specified in Executive Order 12898 (59 FR 7629,
February 16, 1994).
EPA believes that it is not practicable to assess whether this
action is likely to result in new disproportionate and adverse effects
on people of color, low-income populations and/or indigenous peoples.
However, the listings for HFC-32, HFO-1234yf, R-452B, R-454A, R-454B,
R-454C, R-1150, 2-BTP, EXXFIRE[supreg], and Powdered Aerosol H in the
end-uses addressed in this action provide additional lower-GWP and ODP
or comparable alternatives in their respective end-uses. By providing
lower-GWP and ODP or comparable alternatives for these end-uses, this
rule is anticipated to reduce the use and eventual emissions of potent
greenhouse gases in these end-uses, which could help to reduce the
effects of climate change, including the public health and welfare
effects on people of color, communities of low-income and/or Indigenous
peoples. The Agency will continue to evaluate the impacts of this
program on communities with environmental justice concerns and consider
further action, as appropriate.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
[[Page 26417]]
IV. References
Unless specified otherwise, all documents are available
electronically through the Federal Docket Management System at https://www.regulations.gov, Docket number EPA-HQ-OAR-2021-0836.
ASHRAE, 2019a. ANSI/ASHRAE Standard 34-2019: Designation and Safety
Classification of Refrigerants.
ASHRAE, 2019b. ANSI/ASHRAE Standard 15-2019: Safety Standard for
Refrigeration Systems. 2019.
Chemical and Engineering News, 2020. ``CFC replacements are a source
of persistent organic pollution in the Arctic.'' Katherine Bourzac.
May 21, 2020. Available online at: https://cen.acs.org/environment/persistent-pollutants/CFC-replacements-source-persistent-organic/98/web/2020/05.
David et al., 2021. ``Trifluoroacetic acid deposition from emissions
of HFO-1234yf in India, China, and the Middle East,'' Volume 21,
issue 19. Atmos. Chem. Phys., 21, 14833-14849, 2021. https://doi.org/10.5194/acp-21-14833-2021. Available online at https://
acp.copernicus.org/articles/21/14833/2021/.
``Environmental effects of stratospheric ozone depletion, UV
radiation, and interactions with climate change: UNEP Environmental
Efects Assessment Panel, Update 2020.'' Photochemical &
Photobiological Sciences Available online at: https://ozone.unep.org/sites/default/files/assessment_panels/EEAP-summary-update-2021-for-policymakers.pdf.
EEAP, 2021. Environmental Effects of Stratospheric Ozone Depletion,
UV Radiation, and Interactions with Climate Change: UNEP
Environmental Effects Assessment Panel, Update 2021. Available
online at: https://ozone.unep.org/sites/default/files/assessment_panels/EEAP-summary-update-2021-for-policymakers.pdf.
Engineering ToolBox, 2005. Refrigerants--Physical Properties.
Available online at: https://www.engineeringtoolbox.com/refrigerants-d_902.html Accessed October 28, 2021.
EPA, 2004. A Guide to Completing a Risk Screen: Collection and Use
of Risk Screen Data. Fire Suppression Sector. April 2004.
Freeling et al., 2020. Finnian Freeling, David Behringer, Felix
Heydel, Marco Scheurer, Thomas A. Ternes, and Karsten N[ouml]dler.
``Trifluoroacetate in Precipitation: Deriving a Benchmark Data Set''
Environ. Sci. Technol. 2020, 54, 18, 11210-11219. August 17, 2020.
Available online at https://pubs.acs.org/doi/10.1021/acs.est.0c02910.
Freeling et al., 2022. Finnian Freeling, Marco Scheurer, Jan
Koschorreck, Gabriele Hoffmann, Thomas A. Ternes, and Karsten
N[ouml]dler. ``Levels and Temporal Trends of Trifluoroacetate (TFA)
in Archived Plants: Evidence for Increasing Emissions of Gaseous TFA
Precursors over the Last Decades,'' Environ. Sci. Technol. Lett.
2022, 9, 5, 400-405. April 18, 2022. Available online at: https://pubs.acs.org/doi/10.1021/acs.estlett.2c00164.
Hodnebrog, et al., 2013. Hodnebrog, [Oslash]., Etminan, M.,
Fuglestvedt, J.S., Marston, G., Myhre, G., Nielsen, C.J., Shine,
K.P., and Wallington, T.J. (2013). Global Warming Potentials and
Radiative Efficiencies of Halocarbons and Related Compounds: A
Comprehensive Review, Reviews of Geophysics, 51, 300-378. Available
online at doi.org/10.1002/rog.20013.
ICF, 2014. Assessment of the Potential Impact of Hydrocarbon
Refrigerants on Ground Level Ozone Concentrations. February 2014.
ICF, 2022a. Risk Screen on Substitutes in Chillers and Industrial
Process Air Conditioning (New Equipment); Substitute: R-32.
ICF, 2022b. Risk Screen on Substitutes in Chillers and Industrial
Process Air Conditioning (New Equipment); Substitute: HFO-123yf.
ICF, 2022c. Risk Screen on Substitutes in Chillers and Industrial
Process Air Conditioning (New Equipment); Substitute: R-452B.
ICF, 2022d. Risk Screen on Substitutes in Chillers and Industrial
Process Air Conditioning (New Equipment); Substitute: R-454A.
ICF, 2022e. Risk Screen on Substitutes in Chillers and Industrial
Process Air Conditioning (New Equipment); Substitute: R-454B.
ICF, 2022f. Risk Screen on Substitutes in Chillers and Industrial
Process Air Conditioning (New Equipment); Substitute: R-454C.
ICF, 2022g. Risk Screen on Substitutes in Residential Dehumidifiers
(New Equipment); Substitute: HFC-32.
ICF, 2022h. Risk Screen on Substitutes in Residential Dehumidifiers
(New Equipment); Substitute: R-452B.
ICF, 2022i. Risk Screen on Substitutes in Residential Dehumidifiers
(New Equipment); Substitute: R-454A.
ICF, 2022j. Risk Screen on Substitutes in Residential Dehumidifiers
(New Equipment); Substitute: R-454B.
ICF, 2022k. Risk Screen on Substitutes in Residential Dehumidifiers
(New Equipment); Substitute: R-454C.
ICF, 2022l. Risk Screen on Substitutes in Residential Dehumidifiers
(New Equipment); Substitute: HFO-1234yf.
ICF, 2022m. [Reserved--not referenced in this document.].
ICF, 2022n. Risk Screen on Substitutes in Residential and Light
Commercial Air Conditioning and Heat Pumps (New Equipment);
Substitute: HFC-32 (Difluoromethane).
ICF, 2022o. Risk Screen on Substitutes in Very Low Temperature
Refrigeration (New Equipment); Substitute: R-1150.
ICF, 2022p. Additional Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. May
2020.
ICF, 2022q. Risk Screen on Substitutes in Total Flooding Systems in
Normally Unoccupied Spaces. Substitute: 2-bromo-3,3,3-
trifluoropropene (2-BTP).
ICF, 2022r. Risk Screen on Substitutes as Streaming Agents in Non-
Residential Applications. Substitute: 2-bromo-3,3,3-trifluoropropene
(2-BTP).
ICF, 2022s. Risk Screen on Substitutes in Total Flooding Systems in
Normally Unoccupied Spaces; Substitute: EXXFIRE [supreg].
ICF, 2022t. Risk Screen on Substitutes in Total Flooding Systems in
Normally Unoccupied Spaces; Substitute: Pyroquench-
[alpha]TM.
ICF, 2023a. Risk Screen on Substitutes in Residential and Light
Commercial Air Conditioning and Heat Pumps (New Equipment);
Substitute: HFC-32 (Difluoromethane).
ICF, 2023b. Risk Screen on Substitutes in Total Flooding Systems in
Normally Unoccupied Spaces; Substitute: Pyroquench-
[alpha]TM.
IPCC, 2007. Climate Change 2007: The Physical Science Basis.
Contribution of Working Group I to the Fourth Assessment Report of
the Intergovernmental Panel on Climate Change. Solomon, S., Qin, D.,
Manning, M., Chen, Z., Marquis, M., Averyt, K.B., Tignor, M., and
Miller, H.L. (eds.). Cambridge University Press. Cambridge, United
Kingdom and New York, NY, USA. Available online at: www.ipcc.ch/
publications_and_data/ar4/wg1/en/contents.html.
Kazil et al., 2014. J. Kazil, S. McKeen, S.-W. Kim, R. Ahmadov, G.A.
Grell, R.K. Talukdar, A.R. Ravishankara. ``Deposition and rainwater
concentrations of trifluoroacetic acid in the United States from the
use of HFO-1234yf,'' JGR Atmospheres. Volume 119, Issue 24. Pages
14,059-14,079. October 31, 2014. Available online at: https://agupubs.onlinelibrary.wiley.com/doi/full/10.1002/2014JD022058.
Kim and Sunderland, 2018. Dennis Kim and Peter Sunderland,
``Viability of Various Ignition Sources to Ignite A2L Refrigerant
Leaks,'' 17th International Refrigeration and Air Conditioning
Conference at Purdue University, July, 2018. Available online at:
https://docs.lib.purdue.edu/cgi/viewcontent.cgi?article=2885&context=iracc.
Myhre, et al., 2013. Myhre, G., D. Shindell, F.-M. Br[eacute]on, W.
Collins, J. Fuglestvedt, J. Huang, D. Koch, J.-F. Lamarque, D. Lee,
B. Mendoza, T. Nakajima, A. Robock, G. Stephens, T. Takemura and H.
Zhang, 2013: Anthropogenic and Natural Radiative Forcing. In:
Climate Change 2013: The Physical Science Basis. Contribution of
Working Group I to the Fifth Assessment Report of the
Intergovernmental Panel on Climate Change [Stocker, T.F., D. Qin,
G.-K. Plattner, M. Tignor, S.K. Allen, J. Boschung, A. Nauels, Y.
Xia, V. Bex and P.M. Midgley (eds.)]. Cambridge University Press,
Cambridge, United Kingdom and New York, NY, USA. Available online
at: https://www.ipcc.ch/report/ar5/wg1/.
National Fire Protection Agency (NFPA). 2018. NFPA 10: Standard for
Portable
[[Page 26418]]
Fire Extinguishers. Available online at: https://www.nfpa.org/.
National Fire Protection Agency (NFPA). 2018. NFPA 2001: Standard on
Clean Agent Fire Extinguishing Systems. Available online at: https://www.nfpa.org/.
National Fire Protection Agency (NFPA). 2018. NFPA 2010. Standard
for Fixed Aerosol Fire Extinguishing Systems. Available online at:
https://www.nfpa.org/.
Nielsen et al., 2007. Nielsen, O.J., Javadi, M.S., Sulbaek Andersen,
M.P., Hurley, M.D., Wallington, T.J., Singh, R. (2007). Atmospheric
chemistry of CF3CF=CH2: Kinetics and mechanisms of gas-phase
reactions with Cl atoms, OH radicals, and O3. Chemical Physics
Letters 439, 18-22. Available online at https://www.lexissecuritiesmosaic.com/gateway/FedReg/network_OJN_174_CF3CF=CH2.pdf.
Orkin, V.L. 2004. Photochemical Properties of 2-bromo-3,3,3-
trfluoropropene and semi-empirical kinetic estimates of its Global
Impacts on the Atmosphere. Prepared by the National Institute of
Standards and Technology Physical and Chemical Properties Division
for American Pacific Corporation. July 2004.
Patten, et al., 2011. Patten, K.O., V.G. Khamaganov, V.L. Orkin,
S.L. Baughcum, and D.J. Wuebbles (2011), OH reaction rate constant,
IR absorption spectrum, ozone depletion potentials and global
warming potentials of 2-bromo-3,3,3-trifluoropropene, J. Geophys.
Res., 116, D24307, doi:10.1029/2011JD016518.
Patten, et al., 2012. Patten, K.O., V.G. Khamaganov, V.L. Orkin,
S.L. Baughcum, and D.J. Wuebbles (2012), Correction to ``OH reaction
rate constant, IR absorption spectrum, ozone depletion potentials
and global warming potentials of 2-bromo-3,3,3-trifluoropropene,''
J. Geophys. Res., 117, D22301, doi:10.1029/2012JD019051.
UL 2129, 2017. UL Standard 2129--Halocarbon Clean Agent Fire
Extinguishers. Edition 3. January 5, 2017.
UL 60335-2-40, 2019. Household And Similar Electrical Appliances--
Safety--Part 2-40: Particular Requirements for Electrical Heat
Pumps, Air-Conditioners and Dehumidifiers. Third Edition. November
1, 2019.
UL Standard 61010-2-011, 2021. Safety Requirements for Electrical
Equipment for Measurement, Control, and Laboratory Use--Part 011:
Particular Requirements for Refrigerating Equipment. Second edition.
May 13, 2021.
Wickham, 2002. Status of Industry Efforts to Replace Halon Fire
Extinguishing Agents. March 2002. Available online at: https://www.epa.gov/snap/status-industry-efforts-replace-halon-fire-extinguishing-agents.
World Meteorological Organization (WMO), 2018. Burkholder et al.
Appendix A, Table A-1 in Scientific Assessment of Ozone Depletion:
2018, Global Ozone Research and Monitoring Project, Report No. 58,
WMO, Geneva, Switzerland, https://ozone.unep.org/science/assessment/sap.
World Meteorological Organization (WMO), 2022. Executive Summary.
Scientific Assessment of Ozone Depletion: 2022, GAW Report No. 278,
56 pp.; WMO: Geneva, 2022. Available online at https://ozone.unep.org/system/files/documents/Scientific-Assessment-of-Ozone-Depletion-2022-Executive-Summary.pdf
Zihan Zhai et al., 2015. Zihan Zhai, Jing Wu, Xia Hu, Li Li, Junyu
Guo, Boya Zhang, Jianxin Hu, and Jianbo Zhang. ``A 17-fold increase
of trifluoroacetic acid in landscape waters of Beijing, China during
the last decade,'' Chemosphere. 2015 Jun; 129:110-7. doi: 10.1016/
j.chemosphere.2014.09.033. Abstract available online at: https://pubmed.ncbi.nlm.nih.gov/25262947/
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Stratospheric ozone
layer.
Michael S. Regan,
Administrator.
For the reasons set forth in the preamble, EPA amends 40 CFR part
82 as follows:
PART 82--PROTECTION OF STRATOSPHERIC OZONE
0
1. The authority citation for part 82 continues to read as follows:
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
Subpart G--Significant New Alternatives Policy Program
0
2. Amend appendix R to subpart G of part 82 by:
0
a. Revising the heading;
0
b. Revising the table entitled ``Substitutes That Are Acceptable
Subject to Use Conditions'' and amending the ``Note'' immediately
following the table by removing the last two undesignated paragraphs.
The revisions read as follows:
Appendix R to Subpart G of Part 82--Substitutes Subject to Use
Restrictions Listed in the December 20, 2011, Final Rule, Effective
February 21, 2012, and in the April 10, 2015 Final Rule, Effective May
11, 2015, and in the April 28, 2023 Final Rule, Effective May 30, 2023
Substitutes That Are Acceptable Subject to Use Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Use conditions Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Household refrigerators, Isobutane (R-600a) Acceptable subject to As of September 7, 2018: These Applicable OSHA
freezers, and combination Propane (R-290) R- use conditions. refrigerants may be used only in new requirements at 29 CFR
refrigerators and freezers (New 441A. equipment designed specifically and part 1910 must be
equipment only). clearly identified for the refrigerant followed, including those
(i.e., none of these substitutes may at 29 CFR 1910.106
be used as a conversion or (flammable and
``retrofit'' refrigerant for existing combustible liquids),
equipment designed for a different 1910.110 (storage and
refrigerant). handling of liquefied
These refrigerants may be used only in petroleum gases),
a refrigerator or freezer, or 1910.157 (portable fire
combination refrigerator and freezer, extinguishers), and
that meets all requirements listed in 1910.1000 (toxic and
UL 60335-2-24.1 2 6 hazardous substances).
Proper ventilation should
be maintained at all
times during the
manufacture and storage
of equipment containing
hydrocarbon refrigerants
through adherence to good
manufacturing practices
as per 29 CFR 1910.106.
If refrigerant levels in
the air surrounding the
equipment rise above one-
fourth of the lower
flammability limit, the
space should be evacuated
and re-entry should occur
only after the space has
been properly ventilated.
[[Page 26419]]
Technicians and equipment
manufacturers should wear
appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
these refrigerants.
Special care should be
taken to avoid contact
with the skin since these
refrigerants, like many
refrigerants, can cause
freeze burns on the skin.
A Class B dry powder type
fire extinguisher should
be kept nearby.
Technicians should only
use spark-proof tools
when working on
refrigerators and
freezers with these
refrigerants.
Any recovery equipment
used should be designed
for flammable
refrigerants. Any
refrigerant releases
should be in a well-
ventilated area, such as
outside of a building.
Only technicians
specifically trained in
handling flammable
refrigerants should
service refrigerators and
freezers containing these
refrigerants. Technicians
should gain an
understanding of
minimizing the risk of
fire and the steps to use
flammable refrigerants
safely.
2. Retail food refrigerators and Isobutane (R-600a) Acceptable subject to As provided in clauses SB6.1.2 to Room occupants should
freezers (stand-alone units only) Propane (R-290) R- use conditions. SB6.1.5 of UL 471,1 2 3 the following evacuate the space
(New equipment only). 441A. markings must be attached at the immediately following the
locations provided and must be accidental release of
permanent: this refrigerant.
(a) On or near any evaporators that can If a service port is added
be contacted by the consumer: then retail food
``DANGER--Risk of Fire or Explosion. refrigerators and
Flammable Refrigerant Used. Do Not Use freezers using these
Mechanical Devices To Defrost refrigerants should have
Refrigerator. Do Not Puncture service aperture fittings
Refrigerant Tubing.'' that differ from fittings
(b) Near the machine compartment: used in equipment or
``DANGER--Risk of Fire or Explosion. containers using non-
Flammable Refrigerant Used. To Be flammable refrigerant.
Repaired Only By Trained Service ``Differ'' means that
Personnel. Do Not Puncture Refrigerant either the diameter
Tubing.'' differs by at least \1/
(c) Near the machine compartment: 16\ inch or the thread
``CAUTION--Risk of Fire or Explosion. direction is reversed
Flammable Refrigerant Used. Consult (i.e., right-handed vs.
Repair Manual/Owner's Guide Before left-handed). These
Attempting To Service This Product. different fittings should
All Safety Precautions Must be be permanently affixed to
Followed.'' the unit at the point of
service and maintained
until the end-of-life of
the unit, and should not
be accessed with an
adaptor.
(d) On the exterior of the
refrigerator: ``CAUTION--Risk of
Fire or Explosion. Dispose of
Properly In Accordance With Federal
Or Local Regulations. Flammable
Refrigerant Used.''
(e) Near any and all exposed
refrigerant tubing: ``CAUTION--Risk of
Fire or Explosion Due To Puncture Of
Refrigerant Tubing; Follow Handling
Instructions Carefully. Flammable
Refrigerant Used.''
All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
The refrigerator or freezer must have
red, Pantone[supreg] Matching System
(PMS) #185 marked pipes, hoses, and
other devices through which the
refrigerant is serviced, typically
known as the service port, to indicate
the use of a flammable refrigerant.
This color must be present at all
service ports and where service
puncturing or otherwise creating an
opening from the refrigerant circuit
to the atmosphere might be expected
(e.g., process tubes). The color mark
must extend at least 2.5 centimeters
(1 inch) from the compressor and must
be replaced if removed.
3. Very low temperature Ethane (R-170)........ Acceptable subject to This refrigerant may be used only in Applicable OSHA
refrigeration Non-mechanical heat use conditions. new equipment specifically designed requirements at 29 CFR
transfer (New equipment only). and clearly identified for the part 1910 must be
refrigerant (i.e., the substitute may followed, including those
not be used as a conversion or at 29 CFR 1910.94
``retrofit'' refrigerant for existing (ventilation) and
equipment designed for other 1910.106 (flammable and
refrigerants). combustible liquids),
This refrigerant may only be used in 1910.110 (storage and
equipment that meets all requirements handling of liquefied
in Supplement SB to UL 471.1 2 3 In petroleum gases),
cases where listing 3 of this table 1910.157 (portable fire
includes requirements more stringent extinguishers), and
than those of UL 471, the appliance 1910.1000 (toxic and
must meet the requirements of listing hazardous substances).
3 of this table in place of the Proper ventilation should
requirements in UL 471. be maintained at all
The charge size for the equipment must times during the
not exceed 150 g (5.29 oz) in each manufacture and storage
circuit. of equipment containing
As provided in clauses SB6.1.2 to hydrocarbon refrigerants
SB6.1.5 of UL 471,1 2 3 the following through adherence to good
markings must be attached at the manufacturing practices
locations provided and must be as per 29 CFR 1910.106.
permanent: If refrigerant levels in
(a) On or near any evaporators that can the air surrounding the
be contacted by the consumer: equipment rise above one-
``DANGER--Risk of Fire or Explosion. fourth of the lower
Flammable Refrigerant Used. Do Not Use flammability limit, the
Mechanical Devices To Defrost space should be evacuated
Refrigerator. Do Not Puncture and re-entry should occur
Refrigerant Tubing.'' only after the space has
been properly ventilated.
Technicians and equipment
manufacturers should wear
appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
ethane. Special care
should be taken to avoid
contact with the skin
since ethane, like many
refrigerants, can cause
freeze burns on the skin.
A Class B dry powder type
fire extinguisher should
be kept nearby.
[[Page 26420]]
(b) Near the machine compartment: Technicians should only
``DANGER--Risk of Fire or use spark-proof tools
Explosion. Flammable Refrigerant when working on equipment
Used. To Be Repaired Only By with flammable
Trained Service Personnel. Do Not refrigerants.
Puncture Refrigerant Tubing.'' Any recovery equipment
(c) Near the machine compartment: used should be designed
``CAUTION--Risk of Fire or Explosion. for flammable
Flammable Refrigerant Used. Consult refrigerants.
Repair Manual/Owner's Guide Before Any refrigerant releases
Attempting To Service This Product. should be in a well-
All Safety Precautions Must be ventilated area, such as
Followed.'' outside of a building.
(d) On the exterior of the Only technicians
refrigerator: ``CAUTION--Risk of Fire specifically trained in
or Explosion. Dispose of Properly In handling flammable
Accordance With Federal Or Local refrigerants should
Regulations. Flammable Refrigerant service equipment
Used.'' containing ethane.
(e) Near any and all exposed Technicians should gain
refrigerant tubing: ``CAUTION--Risk of an understanding of
Fire or Explosion Due To Puncture Of minimizing the risk of
Refrigerant Tubing; Follow Handling fire and the steps to use
Instructions Carefully. Flammable flammable refrigerants
Refrigerant Used.'' safely.
All of these markings must be in Room occupants should
letters no less than 6.4 mm (\1/4\ evacuate the space
inch) high. immediately following the
The refrigeration equipment must have accidental release of
red, Pantone[supreg] Matching System this refrigerant.
(PMS) #185 marked pipes, hoses, and If a service port is added
other devices through which the then refrigeration
refrigerant is serviced, typically equipment using this
known as the service port, to indicate refrigerant should have
the use of a flammable refrigerant. service aperture fittings
This color must be present at all that differ from fittings
service ports and where service used in equipment or
puncturing or otherwise creating an containers using non-
opening from the refrigerant circuit flammable refrigerant.
to the atmosphere might be expected ``Differ'' means that
(e.g., process tubes). The color mark either the diameter
must extend at least 2.5 centimeters differs by at least \1/
(1 inch) from the compressor and must 16\ inch or the thread
be replaced if removed. direction is reversed
(i.e., right-handed vs.
left-handed). These
different fittings should
be permanently affixed to
the unit at the point of
service and maintained
until the end-of-life of
the unit, and should not
be accessed with an
adaptor.
Example of non-mechanical
heat transfer using this
refrigerant would be use
in a secondary loop of a
thermosiphon.
4. Vending Machines (New equipment Isobutane (R-600a) Acceptable subject to These refrigerants may be used only in Applicable OSHA
only). Propane (R-290) R- use conditions. new equipment specifically designed requirements at 29 CFR
441A. and clearly identified for the part 1910 must be
refrigerants (i.e., none of these followed, including those
substitutes may be used as a at 29 CFR 1910.94
conversion or ``retrofit'' refrigerant (ventilation) and
for existing equipment designed for 1910.106 (flammable and
other refrigerants). Detaching and combustible liquids),
replacing the old refrigeration 1910.110 (storage and
circuit from the outer casing of the handling of liquefied
equipment with a new one containing a petroleum gases),
new evaporator, condenser, and 1910.157 (portable fire
refrigerant tubing within the old extinguishers), and
casing is considered ``new'' equipment 1910.1000 (toxic and
and not a retrofit of the old, hazardous substances).
existing equipment. Proper ventilation should
These substitutes may only be used in be maintained at all
equipment that meets all requirements times during the
in Supplement SA to UL 541.1 2 5 In manufacture and storage
cases where listing 4 of this table of equipment containing
includes requirements more stringent hydrocarbon refrigerants
than those of UL 541, the appliance through adherence to good
must meet the requirements of listing manufacturing practices
4 of this table in place of the as per 29 CFR 1910.106.
requirements in UL 541 The charge size If refrigerant levels in
for vending machines must not exceed the air surrounding the
150 g (5.29 oz) in each circuit. equipment rise above one-
As provided in clauses SA6.1.2 to fourth of the lower
SA6.1.5 of UL 541,1 2 5 the following flammability limit, the
markings must be attached at the space should be evacuated
locations provided and must be and re-entry should occur
permanent: only after the space has
been properly ventilated.
Technicians and equipment
manufacturers should wear
appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
these refrigerants.
Special care should be
taken to avoid contact
with the skin since these
refrigerants, like many
refrigerants, can cause
freeze burns on the skin.
A Class B dry powder type
fire extinguisher should
be kept nearby.
(a) On or near any evaporators that Technicians should only
can be contacted by the consumer: use spark-proof tools
``DANGER--Risk of Fire or when working on
Explosion. Flammable Refrigerant refrigeration equipment
Used. Do Not Use Mechanical Devices with flammable
To Defrost Refrigerator. Do Not refrigerants.
Puncture Refrigerant Tubing.'' Any recovery equipment
(b) Near the machine compartment: used should be designed
``DANGER--Risk of Fire or Explosion. for flammable
Flammable Refrigerant Used. To Be refrigerants.
Repaired Only By Trained Service Any refrigerant releases
Personnel. Do Not Puncture Refrigerant should be in a well-
Tubing.'' ventilated area, such as
(c) Near the machine compartment: outside of a building.
``CAUTION--Risk of Fire or Explosion. Only technicians
Flammable Refrigerant Used. Consult specifically trained in
Repair Manual/Owner's Guide Before handling flammable
Attempting To Service This Product. refrigerants should
All Safety Precautions Must be service refrigeration
Followed.'' equipment containing
(d) On the exterior of the these refrigerants.
refrigerator: ``CAUTION--Risk of Fire Technicians should gain
or Explosion. Dispose of Properly In an understanding of
Accordance With Federal Or Local minimizing the risk of
Regulations. Flammable Refrigerant fire and the steps to use
Used.'' flammable refrigerants
(e) Near any and all exposed safely.
refrigerant tubing: ``CAUTION--Risk of Room occupants should
Fire or Explosion Due To Puncture Of evacuate the space
Refrigerant Tubing; Follow Handling immediately following the
Instructions Carefully. Flammable accidental release of
Refrigerant Used.'' All of these this refrigerant.
markings must be in letters no less If a service port is added
than 6.4 mm (\1/4\ inch) high. then refrigeration
equipment using this
refrigerant should have
service aperture fittings
that differ from fittings
used in equipment or
containers using non-
flammable refrigerant.
``Differ'' means that
either the diameter
differs by at least \1/
16\ inch or the thread
direction is reversed
(i.e., right-handed vs.
left-handed). These
different fittings should
be permanently affixed to
the unit at the point of
service and maintained
until the end-of-life of
the unit, and should not
be accessed with an
adaptor.
[[Page 26421]]
The refrigeration equipment must have
red, Pantone[supreg] Matching System
(PMS) #185 marked pipes, hoses, and
other devices through which the
refrigerant is serviced, typically
known as the service port, to indicate
the use of a flammable refrigerant.
This color must be present at all
service ports and where service
puncturing or otherwise creating an
opening from the refrigerant circuit
to the atmosphere might be expected
(e.g., process tubes). The color mark
must extend at least 2.5 centimeters
(1 inch) from the compressor and must
be replaced if removed.
5. Residential and light-commercial Propane (R-290) R-441A Acceptable subject to These refrigerants may be used only in Applicable OSHA
air conditioning and heat pumps-- use conditions. new equipment specifically designed requirements at 29 CFR
self-contained room air and clearly identified for the part 1910 must be
conditioners only (New equipment refrigerants (i.e., none of these followed, including those
only). substitutes may be used as a at 29 CFR 1910.94
conversion or ``retrofit'' refrigerant (ventilation) and
for existing equipment designed for 1910.106 (flammable and
other refrigerants). combustible liquids),
These refrigerants may only be used in 1910.110 (storage and
equipment that meets all requirements handling of liquefied
in Supplement SA and Appendices B petroleum gases),
through F of UL 484.1 2 4 In cases 1910.157 (portable fire
where listing 5 includes requirements extinguishers), and
more stringent than those of UL 484, 1910.1000 (toxic and
the appliance must meet the hazardous substances).
requirements of listing 5 of this Proper ventilation should
table in place of the requirements in be maintained at all
UL 484. times during the
The charge size for the entire air manufacture and storage
conditioner must not exceed the of equipment containing
maximum refrigerant mass determined hydrocarbon refrigerants
according to Appendix F of UL 484 for through adherence to good
the room size where the air manufacturing practices
conditioner is used. The charge size as per 29 CFR 1910.106.
for these three refrigerants must in If refrigerant levels in
no case exceed 1,000 g (35.3 oz or the air surrounding the
2.21 lbs) of propane or 1,000 g (35.3 equipment rise above one-
oz or 2.21 lb) of R-441A. For portable fourth of the lower
air conditioners, the charge size must flammability limit, the
in no case exceed 300 g (10.6 oz or space should be evacuated
0.66 lbs) of propane or 330 g (11.6 oz and re-entry should occur
or 0.72 lb) of R-441A. The only after the space has
manufacturer must design a charge size been properly ventilated.
for the entire air conditioner that Technicians and equipment
does not exceed the amount specified manufacturers should wear
for the unit's cooling capacity, as appropriate personal
specified in table A, B, C, D, or E of protective equipment,
this appendix R. including chemical
goggles and protective
gloves, when handling
these refrigerants.
Special care should be
taken to avoid contact
with the skin since these
refrigerants, like many
refrigerants, can cause
freeze burns on the skin.
A Class B dry powder type
fire extinguisher should
be kept nearby.
Technicians should only
use spark-proof tools
when working on air
conditioning equipment
with flammable
refrigerants.
As provided in clauses SA6.1.2 to Any recovery equipment
SA6.1.5 of UL 484,1 2 4 the following used should be designed
markings must be attached at the for flammable
locations provided and must be refrigerants.
permanent: Any refrigerant releases
(a) On the outside of the air should be in a well-
conditioner: ``DANGER--Risk of Fire or ventilated area, such as
Explosion. Flammable Refrigerant Used. outside of a building.
To Be Repaired Only By Trained Service Only technicians
Personnel. Do Not Puncture Refrigerant specifically trained in
Tubing.'' handling flammable
(b) On the outside of the air refrigerants should
conditioner: ``CAUTION--Risk of Fire service refrigeration
or Explosion. Dispose of Properly In equipment containing
Accordance With Federal Or Local these refrigerants.
Regulations. Flammable Refrigerant Technicians should gain
Used.'' an understanding of
(c) On the inside of the air minimizing the risk of
conditioner near the compressor: fire and the steps to use
``CAUTION--Risk of Fire or Explosion. flammable refrigerants
Flammable Refrigerant Used. Consult safely.
Repair Manual/Owner's Guide Before Room occupants should
Attempting To Service This Product. evacuate the space
All Safety Precautions Must be immediately following the
Followed.'' accidental release of
(d) On the outside of each portable air this refrigerant.
conditioner: ``WARNING: Appliance If a service port is added
shall be installed, operated and then air conditioning
stored in a room with a floor area equipment using this
larger the ``X'' m\2\ (Y ft\2\).'' The refrigerant should have
value ``X'' on the label must be service aperture fittings
determined using the minimum room size that differ from fittings
in m\2\ calculated using Appendix F of used in equipment or
UL 484. For R-441A, use a lower containers using non-
flammability limit of 0.041 kg/m\3\ in flammable refrigerant.
calculations in Appendix F of UL 484. ``Differ'' means that
either the diameter
differs by at least \1/
16\ inch or the thread
direction is reversed
(i.e., right-handed vs.
left-handed). These
different fittings should
be permanently affixed to
the unit at the point of
service and maintained
until the end-of-life of
the unit, and should not
be accessed with an
adaptor.
Air conditioning equipment
in this category
includes:
Window air conditioning
units.
Portable room air
conditioners.
Packaged terminal air
conditioners and heat
pumps.
All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
The air conditioning equipment must
have red, Pantone[supreg] Matching
System (PMS) #185 marked pipes, hoses,
and other devices through which the
refrigerant is serviced, typically
known as the service port, to indicate
the use of a flammable refrigerant.
This color must be present at all
service ports and where service
puncturing or otherwise creating an
opening from the refrigerant circuit
to the atmosphere might be expected
(e.g., process tubes). The color mark
must extend at least 2.5 centimeters
(1 inch) from the compressor and must
be replaced if removed.
[[Page 26422]]
6. Residential and light-commercial HFC-32................ Acceptable subject to This refrigerant may be used only in Applicable OSHA
air conditioning and heat pumps-- use conditions. new equipment specifically designed requirements at 29 CFR
self-contained room air and clearly identified for the part 1910 must be
conditioners only (New equipment refrigerant (i.e., this substitute may followed, including those
only) manufactured from May 10, not be used as a conversion or at 29 CFR 1910.94
2015 and up to but not including ``retrofit'' refrigerant for existing (ventilation) and
May 30, 2023. equipment designed for other 1910.106 (flammable and
refrigerants). combustible liquids),
This refrigerant may only be used in 1910.110 (storage and
equipment that meets all requirements handling of liquefied
in Supplement SA and Appendices B petroleum gases),
through F of UL 484.1 2 4 In cases 1910.157 (portable fire
where this listing 6 of this table extinguishers), and
includes requirements more stringent 1910.1000 (toxic and
than those of UL 484, the appliance hazardous substances).
must meet the requirements of listing Proper ventilation should
6 of this table in place of the be maintained at all
requirements in UL 484. times during the
The charge size for the entire air manufacture and storage
conditioner must not exceed the of equipment containing
maximum refrigerant mass determined hydrocarbon refrigerants
according to Appendix F of UL 484 for through adherence to good
the room size where the air manufacturing practices
conditioner is used. The manufacturer as per 29 CFR 1910.106.
must design a charge size for the If refrigerant levels in
entire air conditioner that does not the air surrounding the
exceed the amount specified for the equipment rise above one-
unit's cooling capacity, as specified fourth of the lower
in table A, B, C, D, or E of this flammability limit, the
appendix. space should be evacuated
and re-entry should occur
only after the space has
been properly ventilated.
Technicians and equipment
manufacturers should wear
appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
these refrigerants.
Special care should be
taken to avoid contact
with the skin since these
refrigerants, like many
refrigerants, can cause
freeze burns on the skin.
For equipment following this listing 6, A Class B dry powder type
and as provided in clauses SA6.1.2 to fire extinguisher should
SA6.1.5 of UL 484,1 2 4 the following be kept nearby.
markings must be attached at the Technicians should only
locations provided and must be use spark-proof tools
permanent: when working on air
(a) On the outside of the air conditioning equipment
conditioner: ``DANGER--Risk of Fire or with flammable
Explosion. Flammable Refrigerant Used. refrigerants.
To Be Repaired Only By Trained Service Any recovery equipment
Personnel. Do Not Puncture Refrigerant used should be designed
Tubing.'' for flammable
(b) On the outside of the air refrigerants.
conditioner: ``CAUTION--Risk of Fire Any refrigerant releases
or Explosion. Dispose of Properly In should be in a well-
Accordance With Federal Or Local ventilated area, such as
Regulations. Flammable Refrigerant outside of a building.
Used.'' Only technicians
specifically trained in
handling flammable
refrigerants should
service refrigeration
equipment containing
these refrigerants.
Technicians should gain
an understanding of
minimizing the risk of
fire and the steps to use
flammable refrigerants
safely.
(c) On the inside of the air Room occupants should
conditioner near the compressor: evacuate the space
``CAUTION--Risk of Fire or immediately following the
Explosion. Flammable Refrigerant accidental release of
Used. Consult Repair Manual/Owner's this refrigerant.
Guide Before Attempting To Service If a service port is added
This Product. All Safety then air conditioning
Precautions Must be Followed.'' equipment using this
(d) On the outside of each portable air refrigerant should have
conditioner: ``WARNING: Appliance service aperture fittings
shall be installed, operated and that differ from fittings
stored in a room with a floor area used in equipment or
larger the ``X'' m\2\ (Y ft\2\).'' The containers using non-
value ``X'' on the label must be flammable refrigerant.
determined using the minimum room size ``Differ'' means that
in m\2\ calculated using Appendix F of either the diameter
UL 484. differs by at least \1/
All of these markings must be in 16\ inch or the thread
letters no less than 6.4 mm (\1/4\ direction is reversed
inch) high. (i.e., right-handed vs.
The air conditioning equipment must left-handed). These
have red, Pantone[supreg] Matching different fittings should
System (PMS) #185 marked pipes, hoses, be permanently affixed to
and other devices through which the the unit at the point of
refrigerant is serviced, typically service and maintained
known as the service port, to indicate until the end-of-life of
the use of a flammable refrigerant. the unit, and should not
This color must be present at all be accessed with an
service ports and where service adaptor.
puncturing or otherwise creating an Air conditioning equipment
opening from the refrigerant circuit in this category
to the atmosphere might be expected includes:
(e.g., process tubes). The color mark Window air conditioning
must extend at least 2.5 centimeters units.
(1 inch) from the compressor and must Portable room air
be replaced if removed. conditioners.
Packaged terminal air
conditioners and heat
pumps.
7. Residential and light-commercial HFC-32................ Acceptable subject to This refrigerant may only be used in
air conditioning and heat pumps-- use conditions. equipment that meets all requirements
self-contained room air in either:
conditioners only (New equipment (1) Supplement SA and Appendices B
only) manufactured from May 30, through F of UL 484 1 2 4 and listing
2023 through January 1, 2024. 6 of this table, or
(2) UL 60335-2-40 1 2 7 and listing 8
of this table.
8. Residential and light-commercial HFC-32................ Acceptable Subject to This refrigerant may be used only in Applicable OSHA
air conditioning and heat pumps-- Use Conditions. new equipment specifically designed requirements at 29 CFR
self-contained room air and clearly identified for the part 1910 must be
conditioners only (New equipment refrigerant (i.e., this substitute may followed, including those
only) manufactured on or after not be used as a conversion or at 29 CFR 1910.94
January 2, 2024. ``retrofit'' refrigerant for existing (ventilation) and
equipment designed for other 1910.106 (flammable and
refrigerants). combustible liquids),
This substitute may only be used in air 1910.110 (storage and
conditioning equipment that meets all handling of liquefied
requirements in UL 60335-2-40 1 2 7 petroleum gases), and
and this listing 8 of this table. 1910.1000 (toxic and
In cases where this listing 8 includes hazardous substances).
requirements more stringent than those Proper ventilation should
of UL 60335-2-40, the appliance must be maintained at all
meet the requirements of this listing times during the
8 in place of the requirements in UL manufacture and storage
60335-2-40. of equipment containing
The following markings must be attached flammable refrigerants
at the locations provided and must be through adherence to good
permanent: manufacturing practices
as per 29 CFR 1910.106.
If refrigerant levels in
the air surrounding the
equipment rise above one-
fourth of the lower
flammability limit, the
space should be
evacuated, and reentry
should occur only after
the space has been
properly ventilated.
[[Page 26423]]
(a) On the outside of the equipment: Technicians and equipment
``WARNING--Risk of Fire. Flammable manufacturers should wear
Refrigerant Used. To Be Repaired appropriate personal
Only By Trained Service Personnel. protective equipment,
Do Not Puncture Refrigerant including chemical
Tubing.'' goggles and protective
(b) On the outside of the equipment: gloves, when handling
``WARNING--Risk of Fire. Dispose of flammable refrigerants.
Properly In Accordance With Federal Or Special care should be
Local Regulations. Flammable taken to avoid contact
Refrigerant Used.'' with the skin which, like
many refrigerants, can
cause freeze burns on the
skin.
A class B dry powder type
fire extinguisher should
be kept nearby.
(c) On the inside of the equipment Technicians should only
near the compressor: ``WARNING-- use spark-proof tools
Risk of Fire. Flammable Refrigerant when working on air
Used. Consult Repair Manual/Owner's conditioning equipment
Guide Before Attempting to Service with flammable
This Product. All Safety refrigerants.
Precautions Must be Followed.'' Any recovery equipment
(d) For any equipment pre-charged at used should be designed
the factory, on the equipment for flammable
packaging or on the outside of the refrigerants. Only
equipment: ``WARNING--Risk of Fire due technicians specifically
to Flammable Refrigerant Used. Follow trained in handling
Handling Instructions Carefully in flammable refrigerants
Compliance with National should service
Regulations.'' refrigeration equipment
a. If the equipment is delivered containing this
packaged, this label shall be applied refrigerant. Technicians
on the packaging. should gain an
b. If the equipment is not delivered understanding of
packaged, this label shall be applied minimizing the risk of
on the outside of the equipment near fire and the steps to use
the control panel or nameplate. flammable refrigerants
(e) On the equipment near the safely.
nameplate: Room occupants should
a. At the top of the marking: ``Minimum evacuate the space
Installation height, X m (W ft).'' immediately following the
This marking is only required if accidental release of
required by the UL 60335-2-40. The this refrigerant.
terms ``X'' and ``W'' shall be Personnel commissioning,
replaced by the numeric height as maintaining, repairing,
calculated per UL 60335-2-40. Note decommissioning and
that the formatting here is slightly disposing of appliances
different than UL 60335-2-40; with this refrigerant
specifically, the height in Inch-Pound should obtain training
units is placed in parentheses and the and follow practices
word ``and'' has been replaced by the consistent with Annex HH
opening parenthesis. of UL 60335-2-40.2 7
CAA section 608(c)(2)
prohibits knowingly
venting or otherwise
knowingly releasing or
disposing of substitute
refrigerants in the
course of maintaining,
servicing, repairing or
disposing of an appliance
or industrial process
refrigeration.
Department of
Transportation
requirements for
transport of flammable
gases must be followed.
Flammable refrigerants
being recovered or
otherwise disposed of
from residential and
light commercial air
conditioning appliances
are likely to be
hazardous waste under the
Resource Conservation and
Recovery Act (RCRA) (see
40 CFR parts 260 through
270).
b. Immediately below marking (a)
of this listing 8 or at the top
of the marking if marking (a) is
not required: ``Minimum room area
(operating or storage), Y m\2\ (Z
ft\2\).'' The terms ``Y'' and
``Z'' shall be replaced by the
numeric area as calculated per UL
60335-2-40. Note that the
formatting here is slightly
different than UL 60335-2-40;
specifically, the area in Inch-
Pound units is placed in
parentheses and the word ``and''
has been replaced by the opening
parenthesis.
(f) For non-fixed equipment, on the
outside of the product: ``WARNING--
Risk of Fire or Explosion--Store in a
well-ventilated room without
continuously operating flames or other
potential ignition.''
(g) All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
The equipment must have red
Pantone[supreg] Matching System (PMS)
#185 or RAL 3020 marked service ports,
pipes, hoses, or other devices through
which the refrigerant passes, to
indicate the use of a flammable
refrigerant. This color must be
applied at all service ports and other
parts of the system where service
puncturing or other actions creating
an opening from the refrigerant
circuit to the atmosphere might be
expected and must extend a minimum of
one (1) inch (25 mm) in both
directions from such locations and
shall be replaced if removed.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR part 51). You may inspect a copy at the
U.S. EPA or at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: EPA Docket Center, WJC West Building, Room 3334, 1301
Constitution Avenue NW, Washington, DC 20004, www.epa.gov/dockets, (202) 202-1744. For information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected].
\2\ You may obtain the material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue; Bensenville, IL 60106; email: 2000.com">[email protected]2000.com; phone: 1-888-853-3503 in the U.S. or Canada (other countries +1-415-352-2168); website: https://ulstandards.ul.com/ or www.comm-2000.com.
\3\ UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable
Refrigerant in the Refrigerating System. November 24, 2010.
\4\ UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a Flammable Refrigerant in the
Refrigerating System and Appendices B through F. December 21, 2007, with changes through August 3, 2012.
\5\ UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders Employing a Flammable Refrigerant in the
Refrigerating System. December 30, 2011.
\6\ UL 60335-2-24. Standard for Safety: Requirements for Household and Similar Electrical Appliances--Safety--Part 2-24: Particular Requirements for
Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers, Second edition, dated April 28, 2017.
\7\ UL 60335-2-40, Standard for Safety: Household And Similar Electrical Appliances--Safety--Part 2-40: Particular Requirements for Electrical Heat
Pumps, Air-Conditioners and Dehumidifiers, 3rd edition, Dated November 1, 2019.
[[Page 26424]]
* * * * *
0
3. Add appendix X to subpart G of part 82 to read as follows:
Appendix X to Subpart G of Part 82--Substitutes Listed in the April 28,
2023 Final Rule--Effective May 30, 2023
Refrigerants--Substitutes Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Narrowed use limits Further information
----------------------------------------------------------------------------------------------------------------
1. Very low temperature R-1150.......... Acceptable Temperature
refrigeration (new only). Subject to Use range--R-1150 may
Conditions and only be used in
Narrowed Use equipment designed
Limits. specifically to
reach temperatures
lower than -80
[deg]C (-112 [deg]F).
The
manufacturers of new
very low temperature
equipment need to
demonstrate that
other alternatives
are not technically
feasible. They must
document the results
of their evaluation
that showed the
other alternatives
to be not
technically feasible
and maintain that
documentation in
their files. This
documentation, which
does not need to be
submitted to EPA
unless requested to
demonstrate
compliance, ``shall
include descriptions
of substitutes
examined and
rejected, processes
or products in which
the substitute is
needed, reason for
rejection of other
alternatives, e.g.,
performance,
technical or safety
standards, and the
anticipated date
other substitutes
will be available
and projected time
for switching to
other available
substitutes.'' (40
CFR 82.180(b)(3)).
----------------------------------------------------------------------------------------------------------------
Refrigerants--Substitutes Acceptable Subject to Use Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Use conditions Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Centrifugal Chillers for comfort HFC-32, HFO-1234yf, R- Acceptable Subject to These refrigerants may be used only in Applicable OSHA
cooling and Industrial Process Air 452B, R-454A, R-454B, Use Conditions. new equipment specifically designed requirements at 29 CFR
Conditioning. R-454C. and clearly identified for the part 1910 must be
refrigerant (i.e., none of these followed, including those
substitutes may be used as a at 29 CFR 1910.94
Positive Displacement Chillers for conversion or ``retrofit'' refrigerant (ventilation) and
comfort cooling and Industrial for existing equipment designed for 1910.106 (flammable and
Process Air Conditioning. other refrigerants). combustible liquids),
These substitutes may only be used in 1910.110 (storage and
air conditioning equipment that meets handling of liquefied
all requirements in UL 60335-2-40.1 3 petroleum gases), and
5 In cases where this listing 1 1910.1000 (toxic and
includes requirements more stringent hazardous substances).
than those of UL 60335-2-40, the Proper ventilation should
appliance must meet the requirements be maintained at all
of this listing 1 in place of the times during the
requirements in the UL 60335-2-40. manufacture and storage
These refrigerants may be used in of equipment containing
chillers if and only if such chiller flammable refrigerants
meets all requirements listed in through adherence to good
ASHRAE 15-2019.1 2 4 In cases where manufacturing practices
this listing 1 includes requirements as per 29 CFR 1910.106.
different than those of ASHRAE 15- If refrigerant levels in
2019, the appliance must meet the the air surrounding the
requirements of this listing 1 in equipment rise above one-
place of the requirements in ASHRAE 15- fourth of the lower
2019. Where similar requirements of flammability limit, the
ASHRAE 15-2019 and UL 60335-2-40 space should be
differ, the more stringent or evacuated, and reentry
conservative condition shall apply should occur only after
unless superseded by this listing 1. the space has been
The following markings must be attached properly ventilated.
at the locations provided and must be Technicians and equipment
permanent: manufacturers should wear
(a) On the outside of the equipment: appropriate personal
``WARNING--Risk of Fire. Flammable protective equipment,
Refrigerant Used. To Be Repaired Only including chemical
By Trained Service Personnel, Do Not goggles and protective
Puncture Refrigerant Tubing.'' gloves, when handling
(b) On the outside of the equipment: flammable refrigerants.
``WARNING--Risk of Fire. Dispose of Special care should be
Properly In Accordance With Federal Or taken to avoid contact
Local Regulations. Flammable with the skin which, like
Refrigerant Used.'' many refrigerants, can
cause freeze burns on the
skin.
A class B dry powder type
fire extinguisher should
be kept nearby.
Technicians should only
use spark-proof tools
when working on air
conditioning equipment
with flammable
refrigerants.
Any recovery equipment
used should be designed
for flammable
refrigerants. Only
technicians specifically
trained in handling
flammable refrigerants
should service
refrigeration equipment
containing this
refrigerant. Technicians
should gain an
understanding of
minimizing the risk of
fire and the steps to use
flammable refrigerants
safely.
[[Page 26425]]
(c) On the inside of the equipment Room occupants should
near the compressor: ``WARNING-- evacuate the space
Risk of Fire. Flammable Refrigerant immediately following the
Used. Consult Repair Manual/Owner's accidental release of
Guide Before Attempting to Service this refrigerant.
This Product. All Safety Personnel commissioning,
Precautions Must be Followed.'' maintaining, repairing,
(d) For any equipment pre-charged at decommissioning and
the factory, on the equipment disposing of appliances
packaging or on the outside of the with this refrigerant
equipment: ``WARNING--Risk of Fire due should obtain training
to Flammable Refrigerant Used. Follow and follow practices
Handling Instructions Carefully in consistent with Annex HH
Compliance with National Regulations'' of UL 60335-2-40, 3rd
a. If the equipment is delivered edition.3 5
packaged, this label shall be applied CAA section 608(c)(2)
on the packaging. prohibits knowingly
b. If the equipment is not delivered venting or otherwise
packaged, this label shall be applied knowingly releasing or
on the outside of the equipment near disposing of substitute
the control panel or nameplate. refrigerants in the
(e) On the equipment near the course of maintaining,
nameplate: servicing, repairing or
a. At the top of the marking: ``Minimum disposing of an appliance
Installation Height, X m (W ft).'' or industrial process
This marking is only required if refrigeration.
required by UL 60335-2-40. The terms Department of
``X'' and ``W'' shall be replaced by Transportation
the numeric height as calculated per requirements for
UL 60335-2-40. Note that the transport of flammable
formatting here is slightly different gases must be followed.
than UL 60335-2-40; specifically, the Flammable refrigerants
height in Inch-Pound units is placed being recovered or
in parentheses and the word ``and'' otherwise disposed of
has been replaced by the opening from residential and
parenthesis. light commercial air
conditioning appliances
are likely to be
hazardous waste under the
Resource Conservation and
Recovery Act (RCRA) (see
40 CFR parts 260 through
270).
b. Immediately below marking (a)
of this listing 1or at the top of
the marking if marking (a) is not
required: ``Minimum room area
(operating or storage), Y m\2\ (Z
ft\2\).'' The terms ``Y'' and
``Z'' shall be replaced by the
numeric area as calculated per UL
60335-2-40. Note that the
formatting here is slightly
different than UL 60335-2-40;
specifically, the area in Inch-
Pound units is placed in
parentheses and the word ``and''
has been replaced by the opening
parenthesis.
(f) For non-fixed equipment, on the
outside of the product: ``WARNING--
Risk of Fire or Explosion--Store in a
well-ventilated room without
continuously operating flames or other
potential ignition.''
(g) For fixed equipment that is ducted,
near the nameplate: ``WARNING--Risk of
Fire--Auxiliary devices which may be
ignition sources shall not be
installed in the ductwork, other than
auxiliary devices listed for use with
the specific appliance. See
instructions.''
(h) All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
The equipment must have red
Pantone[supreg] Matching System (PMS)
#185 or RAL 3020 marked service ports,
pipes, hoses, or other devices through
which the refrigerant passes, to
indicate the use of a flammable
refrigerant. This color must be
applied at all service ports and other
parts of the system where service
puncturing or other actions creating
an opening from the refrigerant
circuit to the atmosphere might be
expected and must extend a minimum of
one (1) inch (25 mm) in both
directions from such locations and
shall be replaced if removed.
[[Page 26426]]
2. Residential Dehumidifiers....... HFO-1234yf, HFC-32, R- Acceptable Subject to These refrigerants may be used only in Applicable OSHA
452B, R-454A, R-454B, Use Conditions. new equipment specifically designed requirements at 29 CFR
and R-454C. and clearly identified for the part 1910 must be
refrigerant (i.e., none of these followed, including those
substitutes may be used as a at 29 CFR 1910.94
conversion or ``retrofit'' refrigerant (ventilation) and
for existing equipment designed for 1910.106 (flammable and
other refrigerants). combustible liquids),
These substitutes may only be used in 1910.110 (storage and
dehumidifier equipment that meets all handling of liquefied
requirements in UL 60335-2-40.1 3 5 In petroleum gases), and
cases where this listing 2 includes 1910.1000 (toxic and
requirements more stringent than those hazardous substances).
of UL 60335-2-40, the appliance must Proper ventilation should
meet the requirements of this listing be maintained at all
2 in place of the requirements in UL times during the
60335-2-40. manufacture and storage
The following markings must be attached of equipment containing
at the locations provided and must be flammable refrigerants
permanent: through adherence to good
(a) On the outside of the equipment: manufacturing practices
``WARNING--Risk of Fire. Flammable as per 29 CFR 1910.106.
Refrigerant Used. To Be Repaired Only If refrigerant levels in
By Trained Service Personnel. Do Not the air surrounding the
Puncture Refrigerant Tubing.'' equipment rise above one-
(b) On the outside of the equipment: fourth of the lower
``WARNING--Risk of Fire. Dispose of flammability limit, the
Properly In Accordance With Federal Or space should be
Local Regulations. Flammable evacuated, and reentry
Refrigerant Used.'' should occur only after
(c) On the inside of the equipment near the space has been
the compressor: ``WARNING--Risk of properly ventilated.
Fire. Flammable Refrigerant Used. Technicians and equipment
Consult Repair Manual/Owner's Guide manufacturers should wear
Before Attempting to Service This appropriate personal
Product. All Safety Precautions Must protective equipment,
be Followed.'' including chemical
(d) For any equipment pre-charged at goggles and protective
the factory, on the equipment gloves, when handling
packaging or on the outside of the flammable refrigerants.
equipment: ``WARNING--Risk of Fire due Special care should be
to Flammable Refrigerant Used. Follow taken to avoid contact
Handling Instructions Carefully in with the skin which, like
Compliance with National Regulations'' many refrigerants, can
a. If the equipment is delivered cause freeze burns on the
packaged, this label shall be applied skin.
on the packaging. A class B dry powder type
b. If the equipment is not delivered fire extinguisher should
packaged, this label shall be applied be kept nearby.
on the outside of the equipment near Technicians should only
the control panel or nameplate. use spark-proof tools
when working on air
conditioning equipment
with flammable
refrigerants.
Any recovery equipment
used should be designed
for flammable
refrigerants. Only
technicians specifically
trained in handling
flammable refrigerants
should service
refrigeration equipment
containing this
refrigerant. Technicians
should gain an
understanding of
minimizing the risk of
fire and the steps to use
flammable refrigerants
safely.
Room occupants should
evacuate the space
immediately following the
accidental release of
this refrigerant.
Personnel commissioning,
maintaining, repairing,
decommissioning and
disposing of appliances
with this refrigerant
should obtain training
and follow practices
consistent with Annex HH
of UL 60335-2-40.3 5
(e) On the equipment near the CAA section 608(c)(2)
nameplate: prohibits knowingly
a. At the top of the marking: ``Minimum venting or otherwise
Installation Height, X m (W ft).'' knowingly releasing or
This marking is only required if disposing of substitute
required by UL 60335-2-40. The terms refrigerants in the
``X'' and ``W'' shall be replaced by course of maintaining,
the numeric height as calculated per servicing, repairing or
UL 60335-2-40. Note that the disposing of an appliance
formatting here is slightly different or industrial process
than UL 60335-2-40; specifically, the refrigeration.
height in Inch-Pound units is placed Department of
in parentheses and the word ``and'' Transportation
has been replaced by the opening requirements for
parenthesis. transport of flammable
gases must be followed.
Flammable refrigerants
being recovered or
otherwise disposed of
from residential and
light commercial air
conditioning appliances
are likely to be
hazardous waste under the
Resource Conservation and
Recovery Act (RCRA) (see
40 CFR parts 260 through
270).
b. Immediately below marking (a)
of this listing 2 or at the top
of the marking if marking (a) is
not required: ``Minimum room area
(operating or storage), Y m\2\ (Z
ft\2\).'' The terms ``Y'' and
``Z'' shall be replaced by the
numeric area as calculated per UL
60335-2-40. Note that the
formatting here is slightly
different than UL 60335-2-40;
specifically, the area in Inch-
Pound units is placed in
parentheses and the word ``and''
has been replaced by the opening
parenthesis.
(f) On the outside of the product:
``WARNING--Risk of Fire or Explosion--
Store in a well-ventilated room
without continuously operating flames
or other potential ignition.''
(g) All of these markings must be in
letters no less than 6.4 mm (\1/4\
inch) high.
The equipment must have red
Pantone[supreg] Matching System (PMS)
#185 or RAL 3020 marked service ports,
pipes, hoses, or other devices through
which the refrigerant passes, to
indicate the use of a flammable
refrigerant. This color must be
applied at all service ports and other
parts of the system where service
puncturing or other actions creating
an opening from the refrigerant
circuit to the atmosphere might be
expected and must extend a minimum of
one (1) inch (25 mm) in both
directions from such locations and
shall be replaced if removed.
[[Page 26427]]
3. Very Low Temperature R-1150................ Acceptable Subject to R-1150 may be used only in new Applicable OSHA
Refrigeration. Use Conditions. equipment specifically designed and requirements at 29 CFR
clearly identified for the refrigerant part 1910 must be
(i.e., none of these substitutes may followed, including those
be used as a conversion or at 29 CFR 1910.94
``retrofit'' refrigerant for existing (ventilation) and
equipment designed for other 1910.106 (flammable and
refrigerants). combustible liquids),
R-1150 may only be used in laboratory 1910.110 (storage and
equipment that meet all requirements handling of liquefied
in UL 61010-2-011.1 3 6 In cases where petroleum gases), and
this listing 3 includes requirements 1910.1000 (toxic and
more stringent than those of UL 61010- hazardous substances).
2-011, the appliance must meet the Proper ventilation should
requirements of this listing 3 in be maintained at all
place of the requirements in UL 61010- times during the
2-011. manufacture and storage
Requirements of note include: of equipment containing
(a) Warning labels--The following flammable refrigerants
markings, or the equivalent, must be through adherence to good
provided in letters no less than 6.4 manufacturing practices
mm (\1/4\ inch) high and must be as per 29 CFR 1910.106.
permanent: If refrigerant levels in
(b) Attach near the machine the air surrounding the
compartment: ``DANGER--Risk of Fire or equipment rise above one-
Explosion. Flammable Refrigerant Used. fourth of the lower
To Be Repaired Only By Trained Service flammability limit, the
Personnel. Do Not Puncture Refrigerant space should be
Tubing'' evacuated, and reentry
should occur only after
the space has been
properly ventilated.
Technicians and equipment
manufacturers should wear
appropriate personal
protective equipment,
including chemical
goggles and protective
gloves, when handling
flammable refrigerants.
Special care should be
taken to avoid contact
with the skin which, like
many refrigerants, can
cause freeze burns on the
skin.
(c) Attach near the machine A class B dry powder type
compartment: ``CAUTION--Risk of fire extinguisher should
Fire or Explosion. Flammable be kept nearby.
Refrigerant Used. Consult Repair Technicians should only
Manual/Owner's Guide Before use spark-proof tools
Attempting To Service This Product. when working on air
All Safety Precautions Must be conditioning equipment
Followed.'' with flammable
(d) Attach on the exterior of the refrigerants.
refrigeration equipment: ``CAUTION-- Any recovery equipment
Risk of Fire or Explosion. Dispose of used should be designed
Properly In Accordance With Federal Or for flammable
Local Regulations. Flammable refrigerants. Only
Refrigerant Used.'' technicians specifically
(e) Attach near all exposed refrigerant trained in handling
tubing: ``CAUTION--Risk of Fire or flammable refrigerants
Explosion Due To Puncture Of should service
Refrigerant Tubing; Follow Handling refrigeration equipment
Instructions Carefully. Flammable containing this
Refrigerant Used.'' refrigerant. Technicians
(f) Attach on the exterior of the should gain an
refrigeration equipment: ``This understanding of
equipment is intended for use in minimizing the risk of
commercial, industrial, or fire and the steps to use
institutional occupancies as defined flammable refrigerants
in the Safety Standard for safely.
Refrigeration Systems, ANSI/ASHRAE Room occupants should
15.'' evacuate the space
(g) Attach on the exterior of the immediately following the
shipping carton: ``CAUTION--Risk of accidental release of
Fire or Explosion. Dispose of Properly this refrigerant.
In Accordance With Federal Or Local Personnel commissioning,
Regulations.'' maintaining, repairing,
(h) The instructions shall include the decommissioning and
following warnings as necessary: disposing of appliances
a. ``WARNING: Ensure all ventilation with this refrigerant
openings are not obstructed.'' should obtain training
b. ``WARNING: Do not use mechanical and follow practices
devices or other means to accelerate consistent with Annex HH
the defrosting process, other than of UL 60335-2-40.3 5
those recommended by the CAA section 608(c)(2)
manufacturer.'' prohibits knowingly
c. ``WARNING: Do not damage the venting or otherwise
refrigerant circuit.'' knowingly releasing or
Equipment must have distinguishing red disposing of substitute
(Pantone[supreg] Matching System (PMS) refrigerants in the
#185 or RAL 3020) color-coded hoses course of maintaining,
and piping to indicate use of a servicing, repairing or
flammable refrigerant. The laboratory disposing of an appliance
equipment shall have marked service or industrial process
ports, pipes, hoses and other devices refrigeration.
through which the refrigerant is Department of
serviced. Markings shall extend at Transportation
least 1 inch (25 mm) from the requirements for
servicing port and shall be replaced transport of flammable
if removed. gases must be followed.
Equipment must use no more than 150 g Flammable refrigerants
of R-1150 in each refrigerant circuit being recovered or
using this refrigerant. otherwise disposed of
from residential and
light commercial air
conditioning appliances
are likely to be
hazardous waste under the
Resource Conservation and
Recovery Act (RCRA) (see
40 CFR parts 260 through
270).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR part 51). You may inspect a copy at the
U.S. EPA or at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: EPA Docket Center, WJC West Building, Room 3334, 1301
Constitution Avenue NW, Washington, DC 20004, www.epa.gov/dockets, (202) 202-1744. For information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected].
\2\ You may obtain this material from: American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 180 Technology Parkway NW,
Peachtree Corners, Georgia 30092; phone: 404-636-8400; website: www.ashrae.org.
\3\ You may obtain this material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue, Bensenville, IL 60106; phone: 415-352-2168;
email: 2000.com">[email protected]2000.com; website: https://ulstandards.ul.com/ or www.comm-2000.com.
\4\ ANSI/ASHRAE Standard 15-2019. Safety Standard for Refrigeration Systems, Copyright 2019, including the following addenda to ANSI/ASHRAE Standard 15-
2019, Safety Standard for Refrigeration Systems:
Addendum a, ANSI--approved February 6, 2020.
Addendum b, ANSI--approved February 6, 2020.
Addendum c, ANSI--approved September 1, 2020.
Addendum d, ANSI--approved April 29, 2022.
Addendum e, ANSI--approved January 27, 2022.
Addendum f, ANSI--approved September 30, 2020.
Addendum i, ANSI--approved July 31, 2020.
Addendum j, ANSI--approved October 30, 2020.
Addendum k, ANSI--approved October 30, 2020.
Addendum m, ANSI--approved June 30, 2022.
Addendum n, ANSI--approved May 31, 2022.
[[Page 26428]]
Addendum o, ANSI--approved April 29, 2022.
Addendum q, ANSI--approved May 31, 2022.
Addendum r, ANSI--approved May 31, 2022.
\5\ UL 60335-2-40, Standard for Safety: Household And Similar Electrical Appliances--Safety--Part 2-40: Particular Requirements for Electrical Heat
Pumps, Air-Conditioners and Dehumidifiers, 3rd edition, Dated November 1, 2019.
\6\ UL 61010-2-011, Standard for Safety: Safety Requirements for Electrical Equipment for Measurement, Control, and Laboratory Use--Part 011: Particular
Requirements for Refrigerating Equipment, 2nd edition, Dated May 13, 2021.
Fire Suppression and Explosion Protection Agents--Acceptable Subject to Use Conditions
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Use conditions Further information
----------------------------------------------------------------------------------------------------------------
1. Total Flooding............. 2-BTP........... Acceptable Acceptable only for This fire suppressant
Subject to Use use in normally has a relatively low
Conditions. unoccupied spaces GWP of 0.23-0.26 and
under 500 ft\3\. a short atmospheric
lifetime of
approximately seven
days.
This agent is subject
to a TSCA section
5(a)(2) SNUR.
For establishments
manufacturing,
installing and
maintaining
equipment using this
agent, EPA
recommends the
following:
This agent
should be used in
accordance with the
safety guidelines in
the latest edition
of NFPA 2001,
Standard on Clean
Agent Fire
Extinguishing
Systems; \1\
In the case
that 2-BTP is
inhaled, person(s)
should be
immediately removed
and exposed to fresh
air; if breathing is
difficult, person(s)
should seek medical
attention;
Eye wash and
quick drench
facilities should be
available. In case
of ocular exposure,
person(s) should
immediately flush
the eyes, including
under the eyelids,
with fresh water and
move to a non-
contaminated area;
Exposed
persons should
remove all
contaminated
clothing and
footwear to avoid
irritation; and
medical attention
should be sought if
irritation develops
or persists;
Although
unlikely, in case of
ingestion of 2-BTP,
the person(s) should
consult a physician
immediately;
Manufacturing space
should be equipped
with specialized
engineering controls
and well ventilated
with a local exhaust
system and low-lying
source ventilation
to effectively
mitigate potential
occupational
exposure; regular
testing and
monitoring of the
workplace atmosphere
should be conducted;
Employees
responsible for
chemical processing
should wear the
appropriate PPE,
such as protective
gloves, tightly
sealed goggles,
protective work
clothing, and
suitable respiratory
protection in case
of accidental
release or
insufficient
ventilation;
All spills
should be cleaned up
immediately in
accordance with good
industrial hygiene
practices; and
Training for
safe handling
procedures should be
provided to all
employees that would
be likely to handle
containers of the
agent or
extinguishing units
filled with the
agent.
Safety
features that are
typical of total
flooding systems
such as predischarge
alarms, time delays,
and system abort
switches should be
provided, as
directed by
applicable OSHA
regulations and NFPA
standards.\1\ Use of
this agent should
also conform to
relevant OSHA
requirements,
including 29 CFR
1910.160 and
1910.162.
See notes 1 through 5
to this table.
2. Streaming.................. 2-BTP........... Acceptable, Acceptable only for This fire suppressant
Subject to Use use in non- has a relatively low
Conditions. residential GWP of 0.23-0.26 and
applications, except a short atmospheric
for commercial home lifetime of
office and personal approximately seven
watercraft. days.
This agent is subject
to a TSCA section
5(a)(2) SNUR.
For establishments
manufacturing,
installing and
maintaining
equipment using this
agent, EPA
recommends the
following:
This agent
should be used in
accordance with the
safety guidelines in
the latest edition
of NFPA 10, Standard
for Portable Fire
Extinguishers; \1\
In the case
that 2-BTP is
inhaled, person(s)
should be
immediately removed
and exposed to fresh
air; if breathing is
difficult, person(s)
should seek medical
attention;
Eye wash and
quick drench
facilities should be
available. In case
of ocular exposure,
person(s) should
immediately flush
the eyes, including
under the eyelids,
with fresh water and
move to a non-
contaminated area;
Exposed
persons should
remove all
contaminated
clothing and
footwear to avoid
irritation; and
medical attention
should be sought if
irritation develops
or persists;
Although
unlikely, in case of
ingestion of 2-BTP,
the person(s) should
consult a physician
immediately;
[[Page 26429]]
Manufacturing space
should be equipped
with specialized
engineering controls
and well ventilated
with a local exhaust
system and low-lying
source ventilation
to effectively
mitigate potential
occupational
exposure; regular
testing and
monitoring of the
workplace atmosphere
should be conducted;
Employees
responsible for
chemical processing
should wear the
appropriate PPE,
such as protective
gloves, tightly
sealed goggles,
protective work
clothing, and
suitable respiratory
protection in case
of accidental
release or
insufficient
ventilation;
All spills
should be cleaned up
immediately in
accordance with good
industrial hygiene
practices; and
Training for
safe handling
procedures should be
provided to all
employees that would
be likely to handle
containers of the
agent or
extinguishing units
filled with the
agent.
See notes 1 through 5
to this table.
3. Total Flooding............. EXXFIRE [supreg] Acceptable Acceptable only for Use of this agent
Subject to Use use in normally should be in
Conditions. unoccupied spaces. accordance with the
safety guidelines in
the latest edition
of the NFPA 2001,
Standard on Clean
Agent Fire
Extinguishing
Systems.\1\
For establishments
manufacturing,
installing and
maintaining
equipment using this
agent, EPA
recommends the
following:
In the case
that EXXFIRE
[supreg] is inhaled,
person(s) should be
immediately removed
and exposed to fresh
air.
Eye wash and
quick drench
facilities should be
available. In case
of ocular exposure,
person(s) should
immediately flush
the eyes with water
for a minimum of 15
minutes.
In the case
of dermal exposure,
the SDS recommends
that person(s)
should remove large
grain particles,
rinse with water for
a minimum of 15
minutes, and remove
all contaminated
clothing.
Manufacturing space
should be equipped
with engineering
controls,
specifically an
adequate exhaust
ventilation system,
to effectively
mitigate potential
occupational
exposure.
Employees
responsible for
chemical processing
should wear the
appropriate
personnel protective
equipment (PPE),
such as protective
gloves, tightly
sealed goggles,
protective work
clothing, and
suitable respiratory
protection in case
of accidental
release or
insufficient
ventilation.
All spills
should be cleaned up
immediately in
accordance with good
industrial hygiene
practices.
Training for
safe handling
procedures should be
provided to all
employees that would
be likely to handle
containers of the
agent or
extinguishing units
filled with the
agent.
Safety
features that are
typical of total
flooding systems
such as predischarge
alarms, time delays,
and system abort
switches should be
provided, as
directed by
applicable OSHA
regulations and NFPA
standards.\1\
See notes 1 through 5
to this table.
4. Total Flooding............. Powdered Aerosol Acceptable Acceptable only for Use of this agent
H. Subject to Use use in normally should be in
Conditions. unoccupied spaces. accordance with the
safety guidelines in
the latest edition
of NFPA 2010,
Standard for Fixed
Aerosol Fire
Extinguishing
Systems.\1\
For establishments
manufacturing,
installing, and
maintaining
equipment using this
agent, EPA
recommends the
following:
Workers
should use
appropriate safety
and protective
equipment (e.g.,
protective gloves,
tightly sealed
goggles, protective
work clothing, and
particulate-removing
respirators using
NIOSH type N95 or
better filters)
consistent with OSHA
guidelines.
A local
exhaust system
should be installed
and operated to
provide adequate
ventilation to
reduce airborne
exposure to Powdered
Aerosol H
constituents.
An eye wash
fountain and quick
drench facility
should be close to
the production area.
Training for
safe handling
procedures should be
provided to all
employees that would
be likely to handle
the containers of
the agent or
extinguishing units
filled with the
agent.
Workers
responsible for
cleanup should allow
particulates to
settle before
reentering area and
wear appropriate
personal protective
equipment.
All spills
should be cleaned up
immediately in
accordance with good
industrial hygiene
practices.
See notes 1 through 5
to this table.
----------------------------------------------------------------------------------------------------------------
\1\ National Fire Protection Association (NFPA) standards are available from www.nfpa.org.
[[Page 26430]]
Note 1: EPA recommends that users consult Section VIII of the OSHA Technical Manual for information on selecting
the appropriate types of personal protective equipment for all listed fire suppression agents. EPA has no
intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment
(e.g., respiratory protection), fire protection, hazard communication, worker training or any other
occupational safety and health standard with respect to halon substitutes.
Note 2: Use of all listed fire suppression agents should conform to relevant OSHA requirements, including 29 CFR
1910.160 and 1910.162.
Note 3: Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter
the area.
Note 4: Discharge testing should be strictly limited to that which is essential to meet safety or performance
requirements.
Note 5: The agent should be recovered from the fire protection system in conjunction with testing or servicing
and recycled for later use or destroyed.
[FR Doc. 2023-08663 Filed 4-27-23; 8:45 am]
BILLING CODE 6560-50-P
