Protection of Stratospheric Ozone: Listing of Substitutes Under the Significant New Alternatives Policy Program in Commercial and Industrial Refrigeration, 33722-33797 [2023-09600]
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Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2023–0043; FRL–10125–1–
OAR]
RIN 2060–AV77
Protection of Stratospheric Ozone:
Listing of Substitutes Under the
Significant New Alternatives Policy
Program in Commercial and Industrial
Refrigeration
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed rulemaking.
AGENCY:
Pursuant to the U.S.
Environmental Protection Agency’s
Significant New Alternatives Policy
program, this action proposes to list
certain substances in the refrigeration
and air conditioning sector. Specifically,
EPA proposes to list several substitutes
as acceptable, subject to use conditions,
for retail food refrigeration, commercial
ice machines, industrial process
refrigeration, cold storage warehouses,
and ice skating rinks. Through this
action, EPA is proposing to incorporate
by reference standards which establish
requirements for commercial
refrigerating appliances and commercial
ice machines, safe use of flammable
refrigerants, and safe design,
construction, installation, and operation
of refrigeration systems. This action also
proposes to exempt propane, in the
refrigerated food processing and
dispensing end-use, from the
prohibition under the Clean Air Act
(CAA) on knowingly venting, releasing,
or disposing of substitute refrigerants,
on the basis of current evidence that the
venting, release, or disposal of this
substance in this end-use does not pose
a threat to the environment.
DATES: Comments must be received on
or before July 10, 2023. Any party
requesting a public hearing must notify
the contact listed under FOR FURTHER
INFORMATION CONTACT by 5 p.m. Eastern
Daylight Time on May 30, 2023. If a
virtual public hearing is held, it will
take place on or before June 8, 2023, and
further information will be provided on
EPA’s Stratospheric Ozone website at
https://www.epa.gov/snap.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–HQ–
OAR–2023–0043, by any of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov/ (our
preferred method). Follow the online
instructions for submitting comments.
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SUMMARY:
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• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
Air and Radiation Docket, Mail Code
28221T, 1200 Pennsylvania Avenue
NW, Washington, DC 20460.
• Hand Delivery or Courier: EPA
Docket Center, WJC West Building,
Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004. The Docket
Center’s hours of operations are 8:30
a.m.–4:30 p.m., Monday–Friday (except
Federal Holidays).
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
additional information on the
rulemaking process, see the
SUPPLEMENTARY INFORMATION section of
this document.
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 at the
address above. For further information
on EPA Docket Center services and the
current status, please visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Gerald Wozniak, Stratospheric
Protection Division, Office of
Atmospheric Protection (Mail Code
6205A), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone
number: 202–343–9624; email address:
wozniak.gerald@epa.gov. Notices and
rulemakings under EPA’s Significant
New Alternatives Policy (SNAP)
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 proposing in this action?
A. Retail Food Refrigeration—Proposed
Listing of HFO–1234yf, HFO–1234ze(E),
R–454C, R–455A, R–457A, and R–516A
as Acceptable, Subject to Use
Conditions, for Use in New Stand-Alone
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Units, Remote Condensing Units,
Supermarket Systems and Refrigerated
Food Processing and Dispensing
Equipment and Proposed Listing of R–
454A as Acceptable, Subject to Use
Conditions, for Use in Remote
Condensing Units and Supermarket
Systems
1. Background on Retail Food Refrigeration
2. What are the ASHRAE classifications for
refrigerant flammability?
3. What are HFO–1234yf, HFO–1234ze(E),
R–454A, R–454C, R–455A, R–457A, and
R–516A and how do they compare to
other refrigerants in the same end-use?
4. Why is EPA proposing these specific use
conditions?
5. What additional information is EPA
including in these proposed listings?
6. On which topics is EPA specifically
requesting comment?
B. Retail Food Refrigeration—Proposed
Listing of R–290 as Acceptable, Subject
to Use Conditions, for Use in New
Refrigerated Food Processing and
Dispensing Equipment and Proposed
Revision of the Use Conditions in the
Previous Listings of R–290 as
Acceptable, Subject to Use Conditions,
for Use in New Stand-Alone Units
1. Background on Retail Food Refrigeration
2. What are the ASHRAE classifications for
refrigerant flammability?
3. What is R–290 and how does it compare
to other refrigerants in the refrigerated
food processing and dispensing
equipment end-use category?
4. Why is EPA proposing these specific use
conditions for refrigerated food
processing and dispensing equipment?
5. How would the proposed listing for R–
290 in refrigerated food processing and
dispensing equipment relate to
regulations implementing the venting
prohibition under CAA section 608?
6. What use conditions currently apply to
this refrigerant in the stand-alone units
end-use category?
7. What updates to existing use conditions
for stand-alone units is EPA proposing?
8. How do the proposed use conditions for
stand-alone units differ from the existing
ones and why is EPA proposing to
change the use conditions?
9. What additional information is EPA
including in these proposed listings?
10. On which topics is EPA specifically
requesting comment?
C. Commercial Ice Machines—Proposed
Listing of HFC–32, HFO–1234yf, R–
454A, R–454B, R–454C, R–455A, R–
457A, and R–516A as Acceptable,
Subject to Use Conditions, for Use in
New Commercial Ice Machines
1. Background on Commercial Ice
Machines
2. What are the ASHRAE classifications for
refrigerant flammability?
3. What are HFC–32, HFO–1234yf, R–
454A, R–454B, R–454C, R–455A, R–
457A, and R–516A and how do they
compare to other refrigerants in the same
end-use?
4. Why is EPA proposing these specific use
conditions?
5. What additional information is EPA
including in these proposed listings?
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6. On which topics is EPA specifically
requesting comment?
D. Commercial Ice Machines—Proposed
Revision of the Use Conditions in the
Previous Listing of R–290 as Acceptable,
Subject to Use Conditions, for Use in
New Self-Contained Commercial Ice
Machines
1. Background on Commercial Ice
Machines
2. What are the ASHRAE classifications for
refrigerant flammability?
3. What is R–290 and where is there
information on its use in this end-use?
4. What use conditions currently apply to
this refrigerant in this end-use?
5. What updates to existing use conditions
for commercial ice machines is EPA
proposing?
6. How do the proposed use conditions for
commercial ice machines differ from the
existing ones and why is EPA proposing
to change the use conditions?
7. What additional information is EPA
including in this proposed listing?
8. On which topics is EPA specifically
requesting comment?
E. Industrial Process Refrigeration—
Proposed Listing of HFC–32, HFO–
1234yf, HFO–1234ze(E), R–454A, R–
454B, R–454C, R–455A, R–457A, and R–
516A as Acceptable, Subject to Use
Conditions, for Use in New Industrial
Process Refrigeration
1. Background on Idustrial Process
Refrigeration
2. What are the ASHRAE classifications for
refrigerant flammability?
3. What are HFC–32, HFO–1234yf, HFO–
1234ze(E), R–454A, R–454B, R–454C, R–
455A, R–457A, and R–516A and how do
they compare to other refrigerants in the
same end-use?
4. Why is EPA proposing these specific use
conditions?
5. What additional information is EPA
including in these proposed listings?
6. On which topics is EPA specifically
requesting comment?
F. Cold Storage Warehouses—Proposed
Listing of HFO–1234yf, HFO–1234ze(E),
R–454A, R–454C, R–455A, R–457A, and
R–516A as Acceptable, Subject to Use
Conditions, for Use in New Cold Storage
Warehouses
1. Background on Cold Storage Warehouses
2. What are the ASHRAE classifications for
refrigerant flammability?
3. What are HFO–1234yf, HFO–1234ze(E),
R–454A, R–454C, R–455A, R–457A, and
R–516A and how do they compare to
other refrigerants in the same end-use?
4. Why is EPA proposing these specific use
conditions?
5. What additional information is EPA
including in these proposed listings?
6. On which topics is EPA specifically
requesting comment?
G. Ice Skating Rinks—Proposed Listing of
HFO–1234yf, HFO–1234ze(E), R–454C,
R–455A, R–457A, and R–516A as
Acceptable, Subject to Use Conditions,
for Use in New Ice Skating Rinks With
a Remote Compressor
1. Background on Ice Skating Rinks
2. What are the ASHRAE classifications for
refrigerant flammability?
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3. What are HFO–1234yf, HFO–1234ze(E),
R–454C, R–455A, R–457A, and R–516A
and how do they compare to other
refrigerants in the same end-use?
4. Why is EPA proposing these specific use
conditions?
5. What additional information is EPA
including in these proposed listings?
6. On which topics is EPA specifically
requesting comment?
H. Use Conditions and Further Information
for Retail Food Refrigeration,
Commercial Ice Machines, Industrial
Process Refrigeration, Cold Storage
Warehouses, and Ice Skating Rinks With
a Remote Compressor
1. What use conditions is EPA proposing
and why?
2. What additional information is EPA
including in these proposed listings?
3. On which topics is EPA specifically
requesting comment?
I. Proposed Exemption for R–290 From the
Venting Prohibition Under CAA Section
608 for Refrigerated Food Processing and
Dispensing Equipment
1. What is EPA’s proposed determination
regarding whether venting, releasing, or
disposing of R–290 in refrigerated food
processing and dispensing equipment
would pose a threat to the environment?
2. What is EPA’s proposal regarding
whether venting of R–290 from
refrigerated food processing and
dispensing equipment should be
exempted from the venting prohibition
under CAA section 608(c)(2)?
3. When would the exemption from the
venting prohibition apply?
4. What is the relationship between this
proposed exemption under CAA section
608(c)(2) and other EPA rules?
5. On which topics is EPA specifically
requesting comment?
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
IV. References
I. General Information
A. Executive Summary and Background
EPA is proposing new and revised
listings after its evaluation of human
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health and environmental information
for these substitutes under the
Significant New Alternatives Policy
(SNAP) program. The Agency is
proposing action on these new listings
in the refrigeration and air conditioning
(AC) sector based on the information
that EPA has included in the docket.
This proposed action would provide
new refrigerant options, thereby
increasing flexibility for industry, in
specific uses.
This action proposes to list new
alternatives for the refrigeration and AC
sector. Specifically, EPA is proposing to:
• List hydrofluoroolefin (HFO)–
1234yf, HFO–1234ze(E), R–454C, R–
455A, R–457A, and R–516A as
acceptable, subject to use conditions, for
use in new retail food refrigeration
equipment (i.e., stand-alone units,
remote condensing units, supermarket
systems, and refrigerated food
processing and dispensing equipment);
• List R–454A as acceptable, subject
to use conditions, for use in new remote
condensing units and supermarket
systems;
• List R–290 (propane) as acceptable,
subject to use conditions, for use in new
refrigerated food processing and
dispensing equipment and revise the
existing use conditions for R–290 in
new stand-alone units.
• List hydrofluorocarbon (HFC)–32,
HFO–1234yf, R–454A, R–454B, R–454C,
R–455A, R–457A, and R–516A as
acceptable, subject to use conditions, for
use in new commercial ice machines;
• Revise the existing use conditions
for R–290 for use in new self-contained
commercial ice machines;
• List HFO–1234yf, HFO–1234ze(E),
R–454A, R–454C, R–455A, R–457A, and
R–516A as acceptable, subject to use
conditions, for use in new chillers for
industrial process refrigeration (IPR);
• List HFC–32 and R–454B as
acceptable, subject to use conditions, for
use in new chillers for IPR;
• List HFO–1234yf, HFO–1234ze(E),
R–454A, R–454C, R–455A, R–457A, and
R–516A as acceptable, subject to use
conditions, for use in new cold storage
warehouses; and
• List HFO–1234yf, HFO–1234ze(E),
R–454C, R–455A, R–457A, and R–516A
as acceptable, subject to use conditions,
for use in new ice skating rinks using a
remote compressor.
In general, the proposed use
conditions are consistent across the
various substitutes and end-uses
contained in this proposal. Because of
this similarity, EPA discusses the
proposed use conditions that would
apply to all five end-uses in section II.H.
In summary, the common use
conditions proposed are:
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Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Proposed Rules
(1) These refrigerants may be used
only in new equipment, designed
specifically and clearly identified for
use with the refrigerant. None of these
substitutes may be used as a conversion
or ‘‘retrofit’’ refrigerant for existing
equipment.
(2) These refrigerants may be used
only in equipment that meet all
requirements listed in the 2nd edition,
dated October 27, 2021, of UL 1
Standard 60335–2–89, ‘‘Household and
Similar Electrical Appliances—Safety—
Part 2–89: Requirements for Commercial
Refrigerating Appliances and Ice-Makers
with an Incorporated or Remote
Refrigerant Unit or Motor-Compressor’’
(hereafter ‘‘UL 60335–2–89’’). For
refrigerants that already have listings
that incorporate by reference earlier UL
standards, EPA is proposing a transition
period when equipment may meet
either the earlier UL standard or UL
60335–2–89.
(3) These refrigerants must be used
with warning labels on the equipment
and packaging that are similar to or
match verbatim those required by UL
60335–2–89.
(4) Equipment must be marked with
distinguishing red color-coded hoses
and piping to indicate use of a
flammable refrigerant and marked
service ports, pipes, hoses, and other
devices through which the refrigerant is
serviced.
(5) These refrigerants must be used
with equipment and packaging marked
with the Global Harmonized System of
Classification and Labelling of
Chemicals (GHS) symbol for hazard
category 1 flammable gases.
Additional use conditions specific to
particular end-uses may also apply and
are discussed with each proposed
listing. The regulatory text of the
proposed listings, including the
proposed use conditions and further
information, appears in tables at the end
of this document. The proposed new
listings would appear in appendix Y to
40 Code of Federal Regulations (CFR)
part 82, subpart G. The proposed
revised listings for R–290 in new retail
food refrigeration equipment (standalone units only) and in new selfcontained commercial ice machines
would appear, respectively, in
appendices R and V to 40 CFR part 82,
subpart G.
There may be other legal obligations
pertaining to the manufacture, use,
handling, and disposal of the listed
substitutes that are not included in the
information in the tables (e.g., the CAA
section 608(c)(2) venting prohibition or
1 UL, formerly known as Underwriters
Laboratories.
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Department of Transportation (DOT)
requirements for transport of flammable
gases). Flammable refrigerants being
recovered or otherwise disposed of from
commercial or industrial refrigeration
equipment are likely to be hazardous
waste under the Resource Conservation
and Recovery Act (RCRA) (see 40 CFR
parts 260 through 270).
In addition, EPA is proposing to
exempt R–290 used in the refrigerated
food processing and dispensing end-use
from the CAA section 608(c)(2)
prohibition on knowingly venting,
releasing, or disposing of substitute
refrigerants on the basis of current
evidence that the venting, release, or
disposal of this substance in this enduse does not pose a threat to the
environment.
SNAP Program Background
The SNAP program implements CAA
section 612. 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
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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 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.’’
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
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
following criteria in 40 CFR
82.180(a)(7): (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
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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
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 FR13044),
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/snapregulations. 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.
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Background on requirements concerning
venting, release, or disposal of refrigerants
and refrigerant substitutes under CAA
section 608
The statutory requirements
concerning venting, release, or disposal
of ODS refrigerants and substitutes for
ODS used as refrigerants are under CAA
section 608, and EPA’s authority to
promulgate the regulatory revisions in
this action is based in part on CAA
section 608. Section 608 of the Act, as
amended, titled National Recycling and
Emission Reduction Program, requires,
among other things, that EPA establish
regulations governing the use and
disposal of ODS used as refrigerants,
such as certain CFCs and HCFCs, during
the service, repair, or disposal of
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appliances and IPR.2 Section 608(c)(1)
provides that it is unlawful for any
person in the course of maintaining,
servicing, repairing, or disposing of an
appliance (or IPR) to knowingly vent, or
otherwise knowingly release or dispose
of, any class I or class II substance used
as a refrigerant in that appliance (or IPR)
in a manner which permits the ODS to
enter the environment.
Section 608(c)(2) extends the
prohibition in section 608(c)(1) to
knowingly venting or otherwise
knowingly releasing or disposing of any
refrigerant substitute for class I or class
II substances by any person
maintaining, servicing, repairing, or
disposing of appliances or IPR. This
prohibition applies to any substitute
refrigerant unless the Administrator
determines that such venting, releasing,
or disposing does not pose a threat to
the environment. Thus, section 608(c)
provides EPA authority to promulgate
regulations to interpret, implement, and
enforce this prohibition on venting,
releasing, or disposing of class I or class
II substances and their refrigerant
substitutes, which we also refer to as the
‘‘venting prohibition’’ in this proposed
action. EPA’s authority under section
608(c) includes authority to implement
section 608(c)(2) by exempting certain
substitutes for class I or class II
substances from the venting prohibition
when the Administrator determines that
such venting, release, or disposal does
not pose a threat to the environment.
EPA issued a rule on March 12, 2004
(69 FR 11946), and a second rule on
April 13, 2005 (70 FR 19273), clarifying
how the venting prohibition in section
608(c) applies to substitutes for CFC and
HCFC refrigerants (e.g., HFCs and
perfluorocarbons (PFCs)). These
regulations are codified at 40 CFR part
82, subpart F. In relevant part, they
provide that no person maintaining,
servicing, repairing, or disposing of
appliances may knowingly vent or
otherwise release into the environment
any refrigerant or substitute from such
appliances, with the exception of
certain specified substitutes in the
specified end-uses, as provided in 40
CFR 82.154(a).
EPA has exempted from the venting
prohibition several hydrocarbon (HC)
refrigerant substitutes, including R–290,
in specific end-uses where the Agency
had also listed the substitutes as
acceptable, subject to use conditions,
under the SNAP program. See, for
2 Additional information about the 608
Refrigerant Management Program is available in
EPA’s rules implementing that program, such as
rules published on May 14, 1993 (58 FR 28660),
November 18, 2016 (81 FR 82272), and March 11,
2020 (85 FR 14150).
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example, EPA’s regulations issued May
23, 2014 (79 FR 29682), April 10, 2015
(80 FR 19453), and December 1, 2016
(81 FR 86778).3 Those regulatory
exemptions do not apply to blends of
HCs with other refrigerants or
containing any amount of any CFC,
HCFC, HFC, or PFC. The current
exemptions for R–290 by end-use are
codified at 40 CFR 82.154(a)(1)(viii).
In establishing those exemptions, EPA
determined that for the purposes of
CAA section 608(c)(2), the venting,
release, or disposal of such HC
refrigerant substitutes in the specified
end-uses does not pose a threat to the
environment, considering both the
inherent characteristics of these
substances and the limited quantities
used in the relevant applications., see,
e.g., December 1, 2016 (81 FR 86778).
EPA further concluded that other
authorities, controls, or practices that
apply to such refrigerant substitutes
help to mitigate environmental risk from
the release of those saturated HC
refrigerant substitutes.
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)
• Air Conditioning and Warm Air
Heating Equipment and Commercial
and Industrial Refrigeration
Equipment Manufacturing (NAICS
333415)
• Refrigeration Equipment and Supplies
Merchant Wholesalers (NAICS
423740)
• Recyclable Material Merchant
Wholesalers (NAICS 423930)
• Supermarkets and Other Grocery
(except Convenience) Stores (NAICS
445110)
• Convenience Stores (NAICS 445120)
• Limited-Service Restaurants (NAICS
722211)
• Appliance Repair and Maintenance
(NAICS 811412)
3 The United States Court of Appeals for the
District of Columbia Circuit (‘‘the court’’) issued a
partial vacatur of the December 1, 2016 rule ‘‘‘to the
extent’ it required manufacturers to replace already
lawfully installed HFC substitutes.’’ See Mexichem
Fluor, Inc. v. EPA, Judgment, Case No. 17–1024
(D.C. Cir., April 5, 2019), 760 Fed. Appx. 6 (Mem).
The court’s decision on the December 1, 2016 rule
did not affect the portion of that rule that exempted
certain HC refrigerant substitutes from the venting
prohibition. This proposed rule is not EPA’s
response to the court’s decision.
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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
proposed revisions. 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.
ddrumheller on DSK120RN23PROD with PROPOSALS3
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:
AC—Air Conditioning
AEL—Acceptable Exposure Limit
AIHA—American Industrial Hygiene
Association
ANSI—American National Standards
Institute
ASHRAE—American Society of Heating,
Refrigerating and Air-Conditioning
Engineers
ASTM—American Society for Testing and
Materials
ATEL—Acute Toxicity Exposure Limit
CAA—Clean Air Act
CAS Reg. No.—Chemical Abstracts Service
Registry Identification Number
CBI—Confidential Business Information
CFC—Chlorofluorocarbon
CFR—Code of Federal Regulations
CO2—Carbon Dioxide
DOE—United States Department of Energy
DOT—United States Department of
Transportation
DX—Direct Heat Exchange
EPA—United States Environmental
Protection Agency
FR—Federal Register
GHS—Global Harmonized System of
Classification and Labelling of Chemicals
GWP—Global Warming Potential
HC—Hydrocarbon
HCFC—Hydrochlorofluorocarbon
HCFO—Hydrochlorofluoroolefin
HFC—Hydrofluorocarbon
HFO—Hydrofluoroolefin
HP—Heat Pump
IBC—International Building Code
ICC—International Code Council
ICF—ICF International, Inc.
IEC—International Electrotechnical
Commission
IPCC—Intergovernmental Panel on Climate
Change
IPR—Industrial Process Refrigeration
ISO—International Organisation for
Standardisation
LFL—Lower Flammability Limit
MIR—Maximum Incremental Reactivity
NAAQS—National Ambient Air Quality
Standards
NAICS—North American Industrial
Classification System
NARA—National Archives and Records
Administration
ODP—Ozone Depletion Potential
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ODS—Ozone Depleting Substances
OMB—United States Office of Management
and Budget
OSHA—United States Occupational Safety
and Health Administration
PEL—Permissible Exposure Limit
PFC—Perfluorocarbons
PMS—Pantone® Matching System
ppm—Parts Per Million
PRA—Paperwork Reduction Act
RCRA—Resource Conservation and Recovery
Act
RFA—Regulatory Flexibility Act
SDS—Safety Data Sheet
SIP—State Implementation Plan
TLV—Threshold Limit Value
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
WEEL—Workplace Environmental Exposure
Limit
WMO—World Meteorological Organization
II. What is EPA proposing in this
action?
A. Retail Food Refrigeration—Proposed
Listing of HFO–1234yf, HFO–1234ze(E),
R–454C, R–455A, R–457A, and R–516A
as Acceptable, Subject to Use
Conditions, for Use in New Stand-Alone
Units, Remote Condensing Units,
Supermarket Systems, and Refrigerated
Food Processing and Dispensing
Equipment and Proposed Listing of R–
454A as Acceptable, Subject to Use
Conditions, for Use in New Remote
Condensing Units and Supermarkets
Systems
EPA is proposing to list HFO–1234yf,
HFO–1234ze(E), R–454C, R–455A, R–
457A, and R–516A as acceptable,
subject to use conditions, for use in all
end-use categories under retail food
refrigeration (i.e., stand-alone units,
remote condensing units, supermarket
systems, and refrigerated food
processing and dispensing equipment).
EPA is also proposing to list R–454A as
acceptable, subject to use conditions, for
use in two end-use categories under
retail food refrigeration (remote
condensing units and supermarket
systems).
EPA is proposing several use
conditions for these end-use categories
that are identical to those proposed for
other end-uses (commercial ice
machines, IPR, cold storage warehouses,
and ice skating rinks with a remote
compressor) discussed elsewhere in this
proposal. Because of this similarity,
EPA discusses the use conditions that
would apply to all five end-uses in
Section II.H. In summary, the common
use conditions EPA is proposing
include the following: restricting the use
of each refrigerant to new equipment
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that is specifically designed for that
refrigerant; use consistent with the 2nd
edition of UL 60335–2–89, 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, technicians, and first
responders of potential flammability
hazards.
For use of these substitutes in retail
food refrigeration equipment, EPA is
also proposing a use condition related to
adherence to the American National
Standards Institute (ANSI)/American
Society of Heating, Refrigerating and
Air-Conditioning Engineers (ASHRAE)
Standard 15–2022 ‘‘Safety Standard for
Refrigeration Systems’’ (hereafter
‘‘ASHRAE 15–2022’’). Specifically, we
are proposing that these refrigerants
may only be used in commercial
refrigeration equipment that meets all
requirements listed in ASHRAE 15–
2022. In cases where the final rule
includes requirements that are different
than those of ASHRAE 15–2022, EPA is
proposing that the appliance would
need to meet the requirements of this
rule in place of the requirements in
ASHRAE 15–2022. This additional use
condition is discussed further in section
II.A.4.
EPA is also proposing the following
use condition for R–454A in
supermarkets and remote condensing
units: this substitute may only be used
either in equipment with a refrigerant
charge capacity less than 200 pounds or
in the high-temperature side of a
cascade system.
1. Background on Retail Food
Refrigeration
Retail food refrigeration, an end-use
within the SNAP program, encompasses
the equipment used for storing and
displaying (generally for sale) food and
beverages at different temperatures
necessary for the different products
(e.g., chilled and frozen food). The
designs and refrigerating capacities of
equipment vary widely to ensure the
proper temperatures are achieved and
maintained.
Retail food refrigeration is composed
of four categories of equipment: standalone units; refrigerated food processing
and dispensing equipment; remote
condensing units; and supermarket
systems. EPA treats each of these four
end-use categories as a separate end-use
for purposes of our comparisons of the
overall impact on human health and the
environment and of the availability of
refrigerants.
Stand-alone units are refrigerators,
freezers, and reach-in coolers (either
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open or with doors) where all
refrigeration components are integrated
and, for the smallest types, the
refrigeration circuit is entirely brazed or
welded. These systems are charged with
refrigerant at the factory and typically
require only an electricity supply to
begin operation. Such systems are used
to chill and temporarily store perishable
items for commercial sale, such as
beverages and food.
Refrigerated food processing and
dispensing equipment dispenses and
often processes a variety of food and
beverage products. For instance, some
such equipment will process the
product by combining ingredients,
mixing, and preparing it at the proper
temperature, while others function
mainly as a holding tank to deliver the
product at the desired temperature or to
deliver chilled ingredients for
processing, mixing, and preparation.
Some may use a refrigerant in a heat
pump, or utilize waste heat from the
cooling system, to provide hot
beverages. Some may also provide
heating functions for melting or
dislodging ice or for sanitation
purposes.
Refrigerated food processing and
dispensing equipment can be selfcontained or can be connected via
piping to a dedicated condensing unit
located elsewhere. Equipment within
this end-use category include but are
not limited to refrigerated equipment
used to process and dispense beverages
and food such as: chilled and frozen
beverages (carbonated and
uncarbonated, alcoholic and
nonalcoholic); frozen custards, gelato,
ice cream, Italian ice, sorbets, and
yogurts; milkshakes, ‘‘slushies’’ and
smoothies, and whipped cream.
Remote condensing units exhibit
refrigerating capacities ranging typically
from 1kW to 20kW (0.3 to 5.7
refrigeration tons). They are composed
of one (and sometimes two)
compressor(s), one condenser, and one
receiver assembled into a single unit,
which is normally located external to
the sales area. This equipment is
connected to one or more nearby
evaporator(s) used to cool food and
beverages stored in display cases and/or
walk-in storage rooms. Remote
condensing units are commonly
installed in convenience stores and
specialty shops such as bakeries and
butcher shops.
Typical supermarket systems are also
known as multiplex or centralized
systems. They operate with racks of
compressors installed in a machinery
room; different compressors turn on to
match the refrigeration load necessary to
maintain temperatures. Two main
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design classifications are used: direct
and indirect systems. In the United
States, direct systems are the most
widespread. The plurality of
supermarkets in the United States use
centralized direct expansion (DX)
systems to cool their display cases.4 The
refrigerant circulates from the
machinery room to the sales area, where
it evaporates in display-case heat
exchangers, and then returns in vapor
phase to the suction headers of the
compressor racks. The supermarket
walk-in cold rooms are often integrated
into the system and cooled similarly,
but an alternative option is to provide
a dedicated condensing unit for a given
storage room. Another type of
supermarket design, often referred to as
a distributed refrigeration system, uses
an array of separate compressor racks
located near the display cases rather
than having a central compressor rack
system. Each of these smaller racks
handles a portion of the supermarket
load, with five to ten such systems in a
store.
Indirect supermarket system designs
include secondary loop systems and
cascade refrigeration. Indirect systems
use a chiller or other refrigeration
system to cool a secondary fluid that is
often circulated throughout the store to
the cases. Examples of secondary fluids
include water, air, HCs, ammonia, and
carbon dioxide (CO2). Compact chiller
versions of an indirect system rely on a
lineup of ten to 20 units, each using
small charge sizes. As the refrigeration
load changes, more or fewer of the
chillers are active. Compact chillers are
used in a secondary loop system
whereby the chillers cool a secondary
fluid that is then circulated throughout
the store to the display cases. Each
compact chiller is an independent unit
with its own refrigerant charge,
reducing the potential for refrigerant to
be released from leaks or for a
catastrophic failure. Cascade systems
use a compressor to raise the lowtemperature, secondary fluid from lowtemperature conditions up to an
intermediate temperature while a
separate, primary refrigerant system
uses a different, higher temperature
refrigerant to condense the secondary
fluid. Each system within the cascade
design contains its own refrigerant
charge, allowing the use of different
refrigerants in each system. This
application has generally used a lower
global warming potential (GWP)
refrigerant, specifically CO2 (R–744), in
the low-temperature system, with a
variety of refrigerants in the high
temperature system.
4 www.epa.gov/greenchill/advanced-refrigeration.
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Refrigerant choice depends on the
refrigerant charge, ambient temperatures
and the temperature required, system
performance, energy efficiency, and
health, safety and environmental
considerations, among other things. In
addition to regulations pursuant to the
SNAP program, other federal or local
regulations may also affect refrigerant
choice. For instance, regulations from
OSHA may restrict or place
requirements on the use of some
refrigerants, such as ammonia (R–717).
Building codes from local and state
agencies may also incorporate limits on
the types and amounts of particular
refrigerants used. There are and will
continue to be multiple factors that
retailers must consider when selecting
the refrigerant and operating system
design, including: energy efficiency;
system performance; potential impact
on community safety; ambient
temperatures; risk to personnel safety;
cost; and minimization of direct and
indirect environmental impacts.
2. What are the ASHRAE classifications
for refrigerant flammability?
The ANSI/ASHRAE Standard 34–
2022 ‘‘Designation and Safety
Classification of Refrigerants’’ (hereafter
‘‘ASHRAE 34–2022’’) 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 °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
5 ASHRAE, 2022b. ANSI/ASHRAE Standard 34–
2022: Designation and Safety Classification of
Refrigerants.
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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.
Using these safety group
classifications, ASHRAE 34–2022
categorizes HFO–1234yf, HFO–
1234ze(E), HFC–32 and the refrigerant
blends R–454A, R–454B, R–454C, R–
455A, R–457A, and R–516A, which are
discussed in this section of this
proposed rule, as being in the A2L
Safety Group, while R–290 is in the A3
Safety Group.
Reg. Nos.) of HFO–1234yf, HFO–
1234ze(E), and the components of the
refrigerant blends are listed here.
HFO–1234yf, also known by the trade
names ‘‘Solstice® yf’’ and ‘‘Opteon TM
YF,’’ is also known as 2,3,3,3tetrafluoroprop-1-ene (CAS Reg. No.
754–12–1). HFO–1234ze(E), also known
by the trade names ‘‘Solstice® ze and
Solstice® 1234ze’’, is also known as
trans-1,3,3,3,tetrafluoroprop-1-ene (CAS
Reg. No. 29118–24–9). R–516A, also
known by the trade name ‘‘Forane®
516A,’’ is a blend consisting of 77.5
percent HFO–1234yf, 14 percent HFC–
152a, and 8.5 percent HFC–134a. R–
457A, also known by the trade name
‘‘Forane® 457A,’’ is a blend consisting
of 18 percent HFC–32, 12 percent HFC–
152a, and 70 percent HFO–1234yf. R–
455A, also known by the trade name
‘‘Solstice® L40X,’’ is a blend consisting
of 21.5 percent HFC–32, 75.5 percent
HFO–1234yf, and three percent R–744
(CO2). 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–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, HFO–
1234ze(E), R–454A, R–454C, R–455A,
R–457A, and R–516A are provided in
the docket for this proposed rule (EPA–
HQ–OAR–2023–0043) at https://
www.regulations.gov. EPA performed a
risk screening assessment to examine
the health and environmental risks of
each of these substitutes. These risk
screens are available in the docket for
this proposed rule.7 8 9 10 11 12 13
Environmental information: HFO–
1234yf, HFO–1234ze(E) and R–454A, R–
454C, R–455A, R–457A, and R–516A
have ozone depletion potentials (ODPs)
of zero.
3. What are HFO–1234yf, HFO–
1234ze(E), R–454A, R–454C, R–455A,
R–457A, and R–516A and how do they
compare to other refrigerants in the
same end-use?
ddrumheller on DSK120RN23PROD with PROPOSALS3
HFO–1234yf and HFO–1234ze(E) are
lower flammability refrigerants, and R–
454A, R–454C, R–455A, R–457A, and
R–516A are lower flammability
refrigerant blends, all with an ASHRAE
safety classification of A2L.6 The
respective Chemical Abstracts Service
Registry Identification Numbers (CAS
6 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 R–454A, R–454C,
and R–457A as acceptable, subject to use
conditions, as a substitute in residential and light
commercial AC and heat pumps (HPs) (86 FR
24444, May 6, 2021).
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7 ICF, 2023a. Risk Screen on Substitutes in Retail
Food Refrigeration (New Equipment); Substitute:
HFO–1234yf.
8 ICF, 2023b. Risk Screen on Substitutes in Retail
Food Refrigeration (New Equipment); Substitute:
HFO–1234ze(E) (Solstice® ze, Solstice® 1234ze)
9 ICF, 2023c. Risk Screen on Substitutes in Retail
Food Refrigeration (New Equipment); Substitute: R–
454A (Opteon® XL40).
10 ICF, 2023d. Risk Screen on Substitutes in Retail
Food Refrigeration (New Equipment); Substitute: R–
454C (OpteonTM XL20).
11 ICF, 2023e. Risk Screen on Substitutes in Retail
Food Refrigeration (New Equipment); Substitute: R–
455A (Solstice® L40X).
12 ICF, 2023f. Risk Screen on Substitutes in Retail
Food Refrigeration (New Equipment); Substitute: R–
457A (Forane® 457A).
13 ICF, 2023g. Risk Screen on Substitutes in Retail
Food Refrigeration (New Equipment); Substitute: R–
516A (Forane® 516A).
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HFO–1234yf has a GWP of less than
four.14 15 16 HFO–1234ze(E) has a GWP
of less than six.17 18 The refrigerant
blends are made up of the components
HFC–32, HFC–125, HFC–152a, CO2, and
HFO–1234yf, which have GWPs of 675,
3,500, 124, one, and less than four,
respectively.19 If these values are
weighted by mass percentage, then R–
454A, R–454C, R–455A, R–457A, and
R–516A have GWPs of about 240, 150,
146, 140, and 142, respectively.
HFO–1234yf, HFO–1234ze(E), and the
other components of the refrigerant
blends, CO2, HFC–32, HFC–125, and
HFC–152a, are excluded from EPA’s
regulatory definition of volatile organic
compounds (VOC) (see 40 CFR
51.100(s)) addressing the development
of State Implementation Plans (SIPs) to
attain and maintain the National
Ambient Air Quality Standards
(NAAQS). That definition provides that
‘‘any compound of carbon’’ which
‘‘participates in atmospheric
photochemical reactions’’ is considered
a VOC unless expressly excluded in that
provision 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
14 World Meteorological Organization (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, World Meteorological Organization,
Geneva, Switzerland, https://ozone.unep.org/
science/assessment/sap. (WMO, 2018)
15 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: www.cogci.dk/network/OJN_174_
CF3CF=CH2.pdf.
16 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.
17 Javadi et al., 2008. Atmospheric chemistry of
trans-CF3CH=CHF: products and mechanisms of
hydroxyl radical and chlorine atom initiated
oxidation,’ M.S. Javadi, R. S<ndergaard, O.J.
Nielsen, M.D. Hurley, and T.J. Wellington,
Atmospheric Chemistry and Physics Discussions 8,
1069–1088, 2008.
18 Ibid.
19 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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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. EPA has established
certain limited exemptions to this
venting prohibition, as listed in 40 CFR
82.154(a)(1), but none of those
exemptions apply to HFO–1234yf,
HFO–1234ze(E), R–454A, R–454C, R–
455A, R–457A, or R–516A.
Flammability information: HFO–
1234yf, HFO–1234ze(E), R–454A, R–
454C, R–455A, R–457A, and R–516A
have lower flammability, with an
ASHRAE flammability classification of
2L.
Toxicity and exposure data: HFO–
1234yf, HFO–1234ze(E), R–454A, R–
454C, R–455A, R–457A, and R–516A
have an ASHRAE toxicity classification
of A (lower toxicity). 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.
OSHA has established a Permissible
Exposure Limit (PEL) for CO2 of 5,000
ppm as an 8-hr TWA. The American
Industrial Hygiene Association (AIHA)
has established Workplace
Environmental Exposure Limits
(WEELs) of 1,000 ppm as an 8-hr TWA
for HFC–32, HFC–125, and HFC–152a;
500 ppm as an 8-hr TWA for HFO–
1234yf; and 800 ppm as an 8-hr TWA
for HFO–1234ze(E). The manufacturers
of R–454A, R–454C, R–455A, R–457A,
and R–516A recommend acceptable
exposure limits (AELs) for the
workplace, respectively, of 690, 615,
650, 650, and 590 ppm on an 8-hr TWA
for these blends.20 EPA anticipates that
users will be able to meet the OSHA
PEL, AIHA WEELs, and manufacturers’
AELs and address potential health risks
by following requirements and
recommendations in the manufacturers’
safety data sheets (SDSs), the use
conditions proposed (including
adherence to Underwriters Laboratories
(UL) 60335–2–89 and ASHRAE 15–
2022), and other safety precautions
20 The 8-hr TWA AEL recommendations of these
refrigerant blends are based upon a mass-weighting
of the PEL and WEELs of their components.
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common to the refrigeration and AC
industry.
Comparison to other substitutes in
these end-uses: HFO–1234yf, HFO–
1234ze(E), R–454A, R–454C, R–455A,
R–457A, and R–516A all have an ODP
of zero, comparable to or lower than
some of the acceptable substitutes in
these end-uses, such as CO2, with an
ODP of zero.
For new refrigerated food processing
and dispensing equipment, R–454A, R–
454C, R–455A, R–457A, and R–516A
have GWPs ranging from 140 to 240,
higher than to that of CO2, an acceptable
substitute in this end-use category, with
a GWP of 1, while HFO–1234yf and
HFO–1234ze(E) have comparable GWPs
to CO2 of less than four and less than
six, respectively. The GWPs of HFO–
1234yf, HFO–1234ze(E), R–454A, R–
454C, R–455A, R–457A, and R–516A are
lower than those of other acceptable
substitutes for new refrigerated food
processing and dispensing equipment,
such as R–450A, R–513A, and HFC–
134a, with GWPs of approximately 600,
630, and 1,430, respectively.
For new remote condensing units and
supermarket systems, R–454A, R–454C,
R–455A, R–457A, and R–516A have
GWPs ranging from 140 to 240, higher
than that of ammonia and CO2,
acceptable substitutes in these end-use
categories, with GWPs of zero and one,
respectively, while HFO–1234yf and
HFO–1234ze(E) have comparable GWPs
to CO2 of less than four and less than
six, respectively. The GWPs of HFO–
1234yf, HFO–1234ze(E), R–454A, R–
454C, R–455A, R–457A, and R–516A are
lower than those of some of the
acceptable substitutes for new remote
condensing units and new supermarket
systems, such as R–450A, R–513A,
HFC–134a, R–407A, and R–404A, with
GWPs of approximately 600, 630, 1,430,
2,110, and 2,630, respectively.
For new stand-alone units, R–454A,
R–454C, R–455A, R–457A, and R–516A
have GWPs ranging from 140 to 240,
higher than some of the acceptable
substitutes in this end-use category such
as CO2, R–290, and R–441A with GWPs
of one, three, and less than five, while
HFO–1234yf and HFO–1234ze(E) have
comparable GWPs to GWPs of CO2, R–
290, and R–441A of less than four and
less than six, respectively. The GWPs of
HFO–1234yf, HFO–1234ze(E), R–454A,
R–454C, R–455A, R–457A, and R–516A
are lower than some of the acceptable
substitutes for new stand-alone units,
such as R–450A and R–513A, with
GWPs of 601 and 630, respectively.
Information regarding the toxicity of
other available alternatives is provided
in the listing decisions previously made
(see https://www.epa.gov/snap/retail-
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food-refrigeration). Toxicity risks of use,
determined by the likelihood of
exceeding the exposure limit, of HFO–
1234yf, HFO–1234ze(E), R–454A, R–
454C, R–455A, R–457A, and R–516A in
these end-uses are evaluated in the risk
screens referenced above. The toxicity
risks of using HFO–1234yf, HFO–
1234ze(E), R–454A, R–454C, R–455A,
R–457A, and R–516A in retail food
refrigeration equipment are comparable
to or lower than toxicity risks of other
available substitutes in the same enduses. Toxicity risks of the proposed
refrigerants can be minimized by use
consistent with UL 60335–2–89—which
would be required by our proposed use
conditions—and other industry
standards, such as ASHRAE 15–2022—
which applies under the use
conditions—as well as
recommendations in the manufacturers’
SDS and other safety precautions
common in the refrigeration and AC
industry.
The flammability risks with HFO–
1234yf, HFO–1234ze(E), R–454A, R–
454C, R–455A, R–457A, and R–516A 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 flammability risk than other
available substitutes in the same enduses, this risk can be minimized by use
consistent with ASHRAE 15–2022,
which would be required for equipment
with certain charge sizes by our
proposed use conditions, and other
industry standards such as UL 60335–2–
89, which would also be required by our
proposed use conditions, as well as
recommendations in the manufacturers’
SDS and other safety precautions
common in the refrigeration and AC
industry. EPA is proposing use
conditions that maintain the low
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 category.
In addition, the proposed substitutes
have lower GWPs than most other
available alternatives for the same uses.
The proposed refrigerants provide
additional lower-GWP options for
situations where other refrigerants with
lower GWPs are not viable, such as for
use of HCs in systems with remote
compressors or equipment requiring
larger charge sizes, or where equipment
using CO2 may not be able to meet
energy conservation standards from the
U.S. Department of Energy (DOE). Given
the wide range of applications for retail
food refrigeration, not all refrigerants
listed as acceptable under SNAP will be
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suitable for the range of equipment in
the retail food refrigeration end-use or
in the four end-use categories within
retail food refrigeration. To provide
additional options to ensure the
availability of substitutes for the full
range of retail food refrigeration
equipment with lower GWP and,
therefore, lower overall risk to human
health and the environment, EPA is
proposing the listings for HFO–1234yf,
HFO–1234ze(E), R–454C, R–455A, R–
457A, and R–516A as acceptable,
subject to use conditions, for use in all
types of retail food refrigeration
equipment. In addition, to account for
the additional challenges for finding
lower GWP refrigerants with higher
capacity for remote condensing units
and supermarket systems with moderate
charge sizes and for cascade systems,
EPA is proposing to list R–454A as
acceptable, subject to use conditions, for
use in remote condensing units and
supermarket systems with a charge size
capacity less than 200 pounds or for use
in the high-temperature side of a
cascade system.
4. Why is EPA proposing these specific
use conditions?
This proposal applies to end-uses
covered by UL 60335–2–89. This
standard applies to commercial and
industrial refrigeration equipment,
including the SNAP end-uses of retail
food refrigeration, commercial ice
machines, IPR, cold storage warehouses,
and ice skating rinks. In addition,
ASHRAE 15–2022 applies to these
refrigeration systems.
The standard UL 60335–2–89
discussed in section II.H indicates that
refrigerant charges greater than a
specific amount (called ‘‘m3’’ in the
standard and based on the refrigerant’s
LFL) are beyond its scope and that
national standards might apply, such as
ASHRAE 15–2022. Hence, EPA is
proposing to require adherence to both
standards as use conditions for remote
condensing units and supermarket
systems, broadening the coverage under
this proposed rule.
EPA is proposing to incorporate by
reference ASHRAE 15–2022, including
all addenda published by the date of
this proposal, in use conditions that
apply to use of the proposed A2L
refrigerants in new remote condensing
units and supermarket systems. Where
the requirements specified in this
proposed rule (if finalized) and
ASHRAE 15–2022 differ, the
requirements of this rule would apply.
A partial summary of ASHRAE 15–
2022 is provided here for information
only. This is not meant to be a full
explanation of the standard or how it is
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applied. ASHRAE 15–2022 specifies
requirements for refrigeration systems,
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 occupied space. As
previously explained, HFO–1234yf,
HFO–1234ze(E), R–454A, R–454C, R–
455A, R–457A, and R–516A 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.
Sections 7.2 and 7.3 of ASHRAE 15–
2022 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 7.7 of ASHRAE
15–2022 addresses the A2L refrigerants
in this proposal when used in ‘‘highprobability’’ systems that are not for
human comfort, 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.
EPA recognizes that ASHRAE 15–
2022 is undergoing continuous
maintenance with publication of
periodic addenda and is typically
updated and republished every three
years. While this proposed rule
incorporates all addenda published by
the date of this proposal, there may be
additional changes to ASHRAE 15–2022
by the time EPA issues a final rule based
upon this proposal. However, given EPA
would not have reviewed and proposed
use conditions based on those changes,
EPA is not proposing to include
addenda or other changes made to
ASHRAE 15–2022 after the date of the
proposed rule.
EPA is proposing to list R–454A as
acceptable, subject to use conditions, in
supermarkets and remote condensing
units with a use condition that this
substitute may only be used either in
equipment with a refrigerant charge
capacity less than 200 pounds or in the
high-temperature side of a cascade
system. The Agency is proposing this
use condition to allow use of R–454A
less broadly than for the other
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refrigerants proposed for use in remote
condensing units and supermarket
systems because its GWP is higher than
those of the other proposed listings for
these end-use categories (about 240,
compared to less than four to 150).
EPA’s understanding is that there are
two particular situations where use of
refrigerants is likely to be more
constrained, and thus, additional
refrigerant options may be helpful. The
first of those situations is in what the
industry standard ASHRAE 15–2022
identifies as a refrigerating system
having a ‘‘high probability’’ that leaked
refrigerant from a failed connection,
seal, or component could enter an
occupied area. An example of such a
constraint is that ASHRAE 15–2022 and
UL 60335–2–89 effectively set charge
limits for A2L refrigerants to less than
200 pounds for applications inside a
supermarket or convenience store that
are open to the general public. In
contrast, larger charge sizes could be
used in ‘‘low-probability’’ locations
where the general public is unlikely to
come in contact with the refrigerant,
such as systems used outdoors or in a
machinery room with access restricted
to store employees. Where the general
public is unlikely to come into contact
with any leaked refrigerant, such as
where charge sizes of 200 pounds or
more of A2L refrigerant would be
allowed under the use conditions
incorporating UL 60335–2–89 and
ASHRAE 15–2022, there would be fewer
space constraints and greater flexibility
in equipment design, so refrigeration
system designers can accommodate a
narrower set of substitutes. Conversely,
where the general public is more likely
to come into contact with any leaked
refrigerant in an interior space,
refrigerant charge capacities of a system
would be less than 200 pounds; there
would be more space constraints, less
flexibility in equipment design, and
potentially stricter code requirements,
leading to a need for more refrigerant
options. Allowing the additional option
of R–424A for supermarket systems and
remote condensing units with smaller
refrigerant charges would enable the use
of a wider set of available substitutes to
manage safety (in particular,
flammability and toxicity), as well as
allowing more options to achieve
adequate performance where there may
be more constraints. Therefore, EPA is
proposing to list R–454A as acceptable,
subject to use conditions, only for
supermarket systems and remote
condensing units with a refrigerant
charge capacity less than 200 pounds.
EPA is also proposing to list R–454A
as acceptable, subject to use conditions,
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for use in the high temperature side of
cascade systems used for supermarket
systems and remote condensing units.
As discussed above in section II.A.1,
‘‘Background on retail food
refrigeration,’’ each system of a cascade
system uses a different refrigerant that is
most suitable for the given temperature
range. High temperature systems, or the
‘‘high temperature side,’’ have typically
used HFCs as a refrigerant; however, it
is technologically achievable and has
become more common to use ammonia
in the high temperature side. For lower
temperature systems, or the ‘‘low
temperature side’’ of the cascade
system, low boiling refrigerants such as
R–744 can be used. Considerations for
the choice of refrigerant on the high or
low temperature side of cascade systems
are influenced by many factors
including, but not limited to, a
refrigerant’s toxicity and flammability,
its temperature glide, and its suitability
for lower temperature applications. EPA
understands that use of flammable or
toxic refrigerants, such as ammonia, on
the high temperature side of a cascade
may be limited in certain circumstances
(e.g., based on building codes and/or
standards). The Agency considered
whether to propose to list R–454A as
acceptable, subject to narrowed use
limits. For listings with narrowed use
limits, the refrigerant user (e.g.,
equipment manufacturer or end user)
intending to adopt a substitute with
narrowed use limits ‘‘must ascertain
that other alternatives are not
technically feasible.’’ 40 CFR
82.180(b)(3). In the case of the high side
of a cascade system, EPA is currently
aware of a limited number of available
options with a GWP below R–454A;
therefore, EPA does not consider it
necessary to require users to first
consider those lower GWP refrigerants
before selecting R–454A. The Agency
notes that there are multiple substitutes
available for the low temperature side of
the cascade system with GWPs lower
than that of R–454A, but there are few
options for the high temperature side of
the cascade system. Therefore, instead
of proposing to list R–454A as
acceptable, subject to narrowed use
limits and subject to use conditions,
EPA is proposing to list R–454A as
acceptable, subject to use conditions,
when it is used in the high temperature
side of cascade systems; this would
expand the refrigerant options that can
comply with local building codes and
industry safety standards while meeting
the more challenging application of the
high temperature side of a cascade
system.
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5. What additional information is EPA
including in these proposed listings?
EPA is providing additional
information related to these proposed
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. The
additional information applies to
multiple end-uses covered in this
proposal. Because of this similarity,
EPA discusses the proposed additional
information in these proposed listings
that would apply to all five end-uses in
section II.H.2 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.
6. On which topics is EPA specifically
requesting comment?
EPA is requesting comment on all
aspects of the proposed decision to list
HFO–1234yf, HFO–1234ze(E), R–454A,
R–454C, R–455A, R–457A, and R–516A
acceptable, subject to use conditions, in
new supermarket systems and new
remote condensing units as discussed in
this section II.A. We also request
comment on the use conditions
specifically for R–454A, restricting its
use to supermarket systems and remote
condensing units used either with a
refrigerant charge capacity of less than
200 pounds or in the high temperature
side of a cascade system, and whether
EPA should use different criteria in the
final use conditions. We request
comment on our proposal to find HFO–
1234yf, HFO–1234ze(E), R–454C, R–
455A, R–457A, and R–516A acceptable,
subject to use conditions, for use in new
refrigerated food processing and
dispensing equipment (self-contained
equipment) and new stand-alone units.
EPA also seeks specific comments on
the use conditions including the
proposed requirements to comply with
UL 60335–2–89, and for charge sizes
larger than ‘‘m3,’’ also to comply with
ASHRAE 15–2022 including addenda as
of the date of this proposal. With respect
to these standards, EPA is requesting
comment on the risk mitigation offered
by compliance with the current version
of the standards proposed as use
conditions, i.e., UL 60335–2–89 and
ASHRAE 15–2022, the nature of updates
proposed for these standards, and the
expected timeline for those updates.
EPA is requesting comment on the
applicability of the 2nd edition of UL
60335–2–89 to retail food refrigeration
equipment, including which types of
equipment and under which
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applications the standard applies, as
well as on the applicability of ASHRAE
15–2022 with the addenda published as
of the date of this proposal. Finally, EPA
requests comment on whether there are
any specific cases of conflicts between
UL 60335–2–89 and ASHRAE 15–2022
that require a clarification as to which
standard should apply.
B. Retail Food Refrigeration—Proposed
Listing of R–290 as Acceptable, Subject
to Use Conditions, for Use in New
Refrigerated Food Processing and
Dispensing Equipment and Proposed
Revision of Use Conditions Provided in
the Previous Listing of R–290 as
Acceptable, Subject to Use Conditions,
for Use in Stand-Alone Units
This proposed listing for R–290
would be a new listing for one end-use
category under retail food refrigeration,
i.e., new refrigerated food processing
and dispensing equipment. Further,
EPA is also proposing to revise use
conditions provided in the previous
listing of R–290 as acceptable, subject to
use conditions, for use in new standalone units. More specifically, EPA
previously listed R–290 as acceptable,
subject to use conditions, in new standalone units in SNAP Rule 17 (76 FR
78832, December 20, 2011). In this
document, we are proposing to update
those use conditions to be consistent
with the most recent U.S. national
standard for retail food refrigeration
equipment, the 2nd edition of UL
60335–2–89. Similar use conditions
apply to other refrigerants with lower
flammability as proposed in this SNAP
action in section II.A above. The
proposed use conditions would be
allowed for such equipment
manufactured on or after the effective
date of any final rule and would not
apply to nor affect equipment
manufactured before the effective date
of any final action and manufactured in
compliance with the SNAP
requirements applicable at the time of
manufacture.
This proposed revision to the use
conditions would incorporate by
reference a different industry standard,
changing the reference from
Supplement SB to the 10th edition of
UL 471, ‘‘Commercial Refrigerators and
Freezers,’’ which is required in the
current SNAP listing for R–290, to the
2nd edition of UL 60335–2–89. EPA is
proposing a transition period during
which stand-alone units manufactured
with R–290 may follow either the earlier
standard UL 471 or UL 60335–2–89.
After the transition period ends, standalone units manufactured with R–290
would need to follow UL 60335–2–89
for purposes of the SNAP program.
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Several use conditions proposed for
these end-use categories are similar to
those proposed for other end-uses.
Because of this similarity, EPA
discusses the use conditions that would
apply to all five end-uses in section II.H.
In summary, the common use
conditions proposed include the
following: restricting the use of each
refrigerant to new equipment that is
specifically designed for that refrigerant;
use consistent with the 2nd edition of
UL 60335–2–89, 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, technicians, and first
responders of potential flammability
hazards.
If the regulatory text is finalized as
proposed, EPA would revise the existing
listing for R–290 in new stand-alone
units in appendix R to 40 CFR part 82,
subpart G, and would add the new
listing for R–290 in refrigerated food
processing and dispensing units in
appendix Y to 40 CFR part 82, subpart
G. The proposed regulatory text
contains revised listing decisions for
new stand-alone units in appendix R, as
well as certain other previous listings
that EPA is republishing for purposes of
formatting for the Federal Register; EPA
is not proposing substantive changes to,
and is not taking comment on, those
earlier decisions (e.g., listings for R–290,
R–441A, and R–600a in household
refrigerators and freezers and in vending
machines).
1. Background on Retail Food
Refrigeration
See section II.A.1 for background on
the retail food refrigeration end-use and
particularly for the stand-alone units
and refrigerated food processing and
dispensing equipment end-use
categories.
2. What are the ASHRAE classifications
for refrigerant flammability?
ASHRAE 34–2022 categorizes R–290
as being in the A3 Safety Group. See
section II.A.2 for further discussion on
ASHRAE classifications.
3. What is R–290 and how does it
compare to other refrigerants in the
refrigerated food processing and
dispensing equipment end-use category?
R–290 is also known as propane and
has the formula C3H8 (CAS Reg. No. 74–
98–6). Redacted submissions and
supporting documentation for R–290 in
retail food refrigeration are provided in
the docket for this proposed rule (EPA–
HQ–OAR–2023–0043) at https://
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www.regulations.gov. EPA performed a
risk screening assessment to examine
the health and environmental risks of
this substitute. This risk screen is
available in the docket for this proposed
rule.21
Environmental information: R–290
has an ODP of zero. R–290 has a GWP
of three. R–290 is regulated as a VOC
under CAA regulations (40 CFR
51.100(s)) addressing the development
of SIPs to attain and maintain the
NAAQS. EPA previously exempted R–
290 in retail food refrigerators and
freezers (stand-alone units only) from
the prohibition under CAA section
608(c)(2) on knowingly venting,
releasing, or disposing of substitute
refrigerants, finding that such venting,
release, or disposal does not pose a
threat to the environment (79 FR 29682,
May 23, 2014).
EPA evaluated potential impacts of R–
290 and other HC refrigerants on local
air quality. R–290 (propane) is
considered a VOC and is not excluded
from EPA’s regulatory definition of VOC
(see 40 CFR 51.100(s)) addressing the
development of SIPs to attain and
maintain the NAAQS. As described
below, EPA estimates that potential
emissions of saturated HC refrigerants,
such as R–290 and R–600a (isobutane),
do not have a significant impact on local
air quality.22
EPA has conducted multiple analyses
of various scenarios to consider the
potential impacts on local air quality if
HC refrigerants were used widely.23 The
analyses considered both worst-case and
more realistic scenarios. In an analysis
supporting the listings of R–290, R–
600a, and the HC blend R–441A in
multiple refrigeration and air
conditioning end-uses in SNAP Rule 19
(80 FR 19454, April 10, 2015), the
worst-case scenario assumed that the
most reactive HC listed as acceptable as
of the time of those listings (R–600a)
was used in all refrigeration and AC
uses and that all refrigerant used was
emitted to the atmosphere rather than
most being recovered. In that extreme
scenario, the model predicted that the
maximum increase in any single 8-hour
average ground-level ozone
concentration would be 0.72 parts per
billion (ppb) in Los Angeles, which is
the area with the highest level of ozone
pollution in the United States. At the
time of the analysis in 2014, 0.72 ppb
was less than 1% of the NAAQS, and
21 ICF, 2023h. Risk Screen on Substitutes in Retail
Food Refrigeration (New Equipment); Substitute:
Propane (R–290).
22 ICF, 2014a. Assessment of the Potential Impact
of Hydrocarbon Refrigerants on Ground Level
Ozone Concentrations. February, 2014.
23 Ibid.
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we stated at the time that the use of R–
600a consistent with the use conditions
required in EPA’s regulations would not
result in significantly greater risk to the
environment than other alternatives.
Using the current ozone NAAQS value
of 70 ppb, use of the most reactive
saturated HC, R–600a, with a 100%
market penetration would just exceed a
level that might raise concerns for EPA.
However, considering that R–290 is less
reactive than R–600a 24 and that R–290
would have a market penetration at least
as high as that of R–600a,25 we still
consider use of saturated HC refrigerants
not to result in significantly greater risk.
In a less conservative analysis of
potential impacts on ambient ozone
levels, EPA looked at a set of end-uses
that would be more likely to use HC
refrigerants between now and 2030,
including end-uses where they
previously have been listed as
acceptable and where they are proposed
to be acceptable under this rule. For
example, we assumed use of R–290 in
refrigerated food processing and
dispensing equipment 25 and in enduses where it is already listed as
acceptable, including retail food
refrigeration—stand-alone units,
vending machines, water coolers, selfcontained commercial ice machines,
room air conditioners, and household
refrigerators and freezers. We also
assumed the use of other HC refrigerants
such as R–600a and R–441A in end-uses
where they are listed as acceptable, such
as in retail food refrigeration—standalone units, vending machines, and
household refrigerators and freezers. For
further information on the specific
assumptions, see the docket for this
rulemaking.26 Based on this still
conservative but more probable
assessment of refrigerant use, we found
that even if all the refrigerant in
appliances in end-uses addressed in this
proposed rule and in appliances in enduses for which other HCs are listed as
acceptable were to be emitted, there
would be a worst-case impact of a 0.15
ppb increase in ozone for a single
8-hour average concentration in the Los
Angeles area, which is the area with the
24 R–600a has a maximum incremental reactivity
(MIR) of 1.34 g O3/g R–600a, while R–290 has a MIR
of 0.56 g O3/g R–290. ICF, 2023h, Op. cit.; Carter,
2010. ‘‘Development of the SAPRC–07 Chemical
Mechanism and Updated Ozone Reactivity Scales,’’
Report to the California Air Resources Board by
William P.L. Carter. Revised January 27, 2010.
25 In the analysis, refrigerated food processing and
dispensing equipment was evaluated under the
category of ‘‘small retail food’’ refrigeration
equipment, along with stand-alone units, vending
machines, and water coolers.
26 ICF, 2014a. Assessment of the Potential Impact
of Hydrocarbon Refrigerants on Ground Level
Ozone Concentrations. February 2014.
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highest level of ozone pollution in the
United States. In the other cities
examined in the analysis, Houston and
Atlanta, impacts were smaller (no more
than 0.03 and 0.01 ppb for a single
8-hour average concentration,
respectively).27 For areas in the analysis
that were not violating the 2008 ozone
NAAQS, the impacts did not cause an
exceedance of the 2008 ozone NAAQS.
EPA also has performed more recent
air quality analyses, considering
additional end-uses and refrigerants that
have been listed acceptable more
recently (e.g., R–1150 in very low
temperature refrigeration) and using
updated models.28 EPA found that the
revised air quality models showed
slightly greater impacts compared to our
2014 analyses in all scenarios, but not
enough to change our earlier
conclusions in 2015 and 2016 that use
of saturated HCs as refrigerants,
including release of R–290, R–600a, and
R–441A during repairing, maintaining,
servicing, or disposing of appliances,
would not result in a significant
increase in ground-level ozone. Further,
there would be no change in the prior
conclusion that use of the saturated HCs
R–290, R–600a, and R–441A, consistent
with the SNAP listings, including their
use conditions and the proposed use
conditions in this rule, would not result
in significantly greater risk to people’s
health or the environment than other
alternatives available for the same enduse, refrigerated food processing and
dispensing equipment.
Based on the results of these analyses,
EPA is proposing to list R–290 as
acceptable, subject to use conditions, in
refrigerated food processing and
dispensing equipment. Because of the
relatively minimal air quality impacts of
R–290 if it is released to the atmosphere
from the end-uses where it is listed as
acceptable subject to use conditions and
from the proposed refrigerated
processing and dispensing equipment
end-use category, even in a worst-case
scenario, we conclude that R–290 does
not have a significantly greater overall
impact on human health and the
environment based on its effects on
local air quality than other refrigerants
listed as acceptable in the same enduses.
Flammability information: R–290 is a
higher flammability refrigerant, with an
ASHRAE safety classification of A3.
However, the proposed substitute is not
27 Ibid.
28 ICF, 2020. Additional Assessment of the
Potential Impact of Hydrocarbon Refrigerants on
Ground Level Ozone Concentrations. May 2020.
Updated models included VM IO file_v5.1_10.01.19
and CMAQ 5.2.1 with carbon bond 06 (CB06)
mechanism, as cited in ICF, 2020.
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expected to present a flammability
concern provided the proposed use
conditions are followed.
Toxicity and exposure data: R–290
has an ASHRAE toxicity classification
of A (lower toxicity). Potential health
effects of exposure to this substitute
include drowsiness or dizziness. The
substitute may also irritate the skin or
eyes or cause frostbite. This substitute
could cause asphyxiation if air is
displaced by vapors in a confined space.
These potential health effects are
common to many refrigerants.
OSHA has established a PEL of 1,000
ppm as an 8-hr TWA for propane (R–
290). EPA anticipates that users will be
able to meet OSHA’s PEL and address
potential health risks by following
requirements and recommendations in
the manufacturers’ SDSs, the use
conditions proposed (including
compliance with UL 60335–2–89),
adherence to ASHRAE 15–2022, and
other safety precautions common to the
refrigeration and AC industry.
Comparison to other substitutes in the
refrigerated food processing and
dispensing end-use category: R–290 has
an ODP of zero, comparable to or lower
than some of the acceptable substitutes
in new refrigerated food processing and
dispensing equipment, such as CO2, R–
450A, and R–513A, with ODPs of zero.
R–290’s GWP of 3 is comparable to
that of other acceptable substitutes for
new refrigerated food processing and
dispensing equipment, including CO2,
with a GWP of 1. The GWP of R–290 is
lower than some of the acceptable
substitutes for new refrigerated food
processing and dispensing equipment,
such as R–450A, R–513A, R–134a, and
R–407H, with GWPs of approximately
600, 630, 1,430, and 1,500, respectively.
EPA’s risk screen for R–290 in retail
food refrigeration,29 including
refrigerated food processing and
dispensing equipment, found that R–
290 can be used without exceeding its
PEL of 1,000 ppm (8-hr TWA); thus, the
toxicity risks of R–290 are comparable
to those of other acceptable substitutes
in the refrigerated food processing and
dispensing equipment end-use category,
which also are used without exceeding
their workplace exposure limits.
Although we noted that the
flammability of R–290 may be greater
than that of other available, substitutes
with an ASHRAE 1, 2, or 2L
flammability classification in the same
end-use, we found its flammability risk
to be not significant even under worstcase assumptions in this end-use
category when following the proposed
29 ICF,
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use conditions.30 We note that
flammability risk can be minimized by
use consistent with industry standards
such as UL 60335–2–89—which would
be required by our proposed use
conditions—and ASHRAE 15–2022, as
well as recommendations in the
manufacturers’ SDS and other safety
precautions common in the refrigeration
and air conditioning industry. The
proposed use conditions for refrigerated
food processing and dispensing
equipment would maintain 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.
The proposed substitute, R–290, has a
GWP of 3, lower than that of most other
available alternatives for the same enduse category with similarly low toxicity.
R–290 provides an additional lowerGWP option for situations where other
refrigerants with lower GWPs are not
viable, such as where equipment using
CO2 may not be able to meet DOE’s
energy conservation standards. To
provide additional, lower-GWP options
with lower overall risk to human health
and the environment, EPA is proposing
the listing of R–290 as acceptable,
subject to use conditions, for use in
refrigerated food processing and
dispensing equipment.
4. Why is EPA proposing these specific
use conditions for refrigerated food
processing and dispensing equipment?
For refrigerated food processing and
dispensing equipment, EPA proposes to
require use of UL 60335–2–89, for
purposes of the SNAP program, as of the
effective date of the final rule based on
this proposal. Several of the use
conditions proposed for refrigerated
food processing and dispensing
equipment are common to those
proposed for R–290 in the commercial
ice machine end-use in section II.D, and
others are common to all five end-uses
in this proposed rule. Because of this
similarity, EPA discusses the use
conditions that would apply to all five
end-uses in section II.H. In summary,
the common use conditions proposed
include the following: restricting the use
of each refrigerant to new equipment
that is specifically designed for that
refrigerant; use consistent with the 2nd
edition of UL 60335–2–89, 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, technicians, and first
30 ICF,
2023h. Op. cit.
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19:55 May 23, 2023
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responders of potential flammability
hazards.
5. How would the proposed listing for
R–290 in refrigerated food processing
and dispensing equipment relate to
regulations implementing the venting
prohibition under CAA section 608?
In section II.I of this document, EPA
is proposing to exempt R–290 used as a
refrigerant in refrigerated food
processing and dispensing equipment
from the prohibition under CAA section
608(c)(2) on knowingly venting or
otherwise knowingly releasing or
disposing of any substitute refrigerant in
the course of maintaining, servicing,
repairing, or disposing of an appliance
or industrial process refrigeration.
6. What use conditions currently apply
to this refrigerant in the stand-alone
units end-use category?
EPA previously listed R–290
acceptable, subject to use conditions, in
new stand-alone units in SNAP Rule 17
(76 FR 78832, December 20, 2011).
Those requirements are codified in
appendix R to 40 CFR part 82, subpart
G. EPA provided information on the
potential environmental and health
risks of R–290 and the various
substitutes available at that time for use
in this end-use category. Additionally,
EPA’s previous risk screen for this
refrigerant in this end-use category,
based on the use conditions in that rule,
is available in the docket for that
previous rulemaking (EPA–HQ–OAR–
2009–0286).
R–290 has an ASHRAE classification
of A3, indicating that it has low toxicity
and higher flammability. In the presence
of an ignition source (e.g., static
electricity, a spark resulting from a
closing door, or a cigarette), an
explosion or a fire could occur if the
concentration of R–290 were to exceed
the LFL of 21,000 ppm (2.1 percent) by
volume.
The use conditions established in the
2011 listing for R–290 in new standalone units addressed safe use of this
flammable refrigerant based on
information available at that time and
included the following: incorporation
by reference of Supplement SB to the
10th edition (November 24, 2010) of the
standard UL 471 ‘‘Commercial
Refrigerators and Freezers’’; refrigerant
charge size limits based on cooling
capacity and type of equipment; and
requirements for markings and warning
labels on equipment using the
refrigerant to inform consumers,
technicians, and first responders of
potential flammability hazards. EPA
explained in that rulemaking that
without appropriate use conditions, the
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flammability risk posed by this
refrigerant could be higher than nonflammable 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 17 (76
FR 78832, December 20, 2011) found
that with the use conditions, the overall
risk of R–290, including the risk due to
flammability, was not significantly
greater in the stand-alone units end-use
than other substitutes that are currently
or potentially available for that same
end-use.
7. What updates to existing use
conditions for stand-alone units is EPA
proposing?
EPA is proposing to update the use
conditions that apply to R–290 in new
stand-alone units manufactured on or
after the effective date of any final rule
based on this proposal. Several of the
updated use conditions proposed for
use of R–290 in stand-alone units are
common to those proposed for the
commercial ice machine end-use in
section II.D, and others are common to
all five end-uses in this proposed rule.
Because of this similarity, EPA
discusses the use conditions that would
apply to all five end-uses in section II.H.
For R–290 in stand-alone units, these
are the only revised use conditions EPA
is proposing. In summary, with the
updates proposed to the use conditions
for stand-alone units, the common use
conditions proposed include the
following: restricting the use of each
refrigerant to new equipment that is
specifically designed for that refrigerant;
use consistent with the 2nd edition of
UL 60335–2–89, 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, technicians, and first
responders of potential flammability
hazards.
If finalized as proposed, the use
conditions in this action would apply to
new stand-alone units on or after the
effective date of any final rule. Any final
rule would not apply to nor affect
equipment manufactured before the
effective date of this action and
manufactured in compliance with the
SNAP use conditions applicable at the
time of manufacture as stipulated in
SNAP Rule 17 and appendix R to 40
CFR part 82, subpart G. EPA views
equipment to be manufactured at the
date upon which the appliance’s
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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. For stand-alone
units (and most refrigerated food
processing and dispensing equipment),
this occurs at the factory. If this rule is
finalized as proposed, new stand-alone
units manufactured between February
21, 2012, and the effective date of the
final rule would be required to meet the
use conditions in SNAP Rule 17 (which
took effect February 21, 2012) and as
listed in appendix R to 40 CFR part 82,
subpart G, including the use condition
incorporating by reference Supplement
SB to the 10th edition of UL 471. Such
products would be permitted to be
warehoused and sold through normal
channels, even if they are sold or
installed after the effective date of any
final rule based on this proposed rule.
Stand-alone units using R–290
manufactured on or after the effective
date of any final rule based on this
proposal would be required to meet the
use conditions so finalized and listed in
the revisions to appendix R. Those use
conditions would allow manufacturers
of new stand-alone units using R–290 to
follow either UL 471 or UL 60335–2–89
from the effective date of any final rule
based on this proposal and would last
through September 29, 2024. On and
after September 30, 2024, the use
condition for use of R–290 in equipment
that meets UL 60335–2–89 only would
apply under SNAP.
EPA is proposing use conditions
allowing new stand-alone units to be
manufactured consistent with
Supplement SB of UL 471, up to and
including September 29, 2024, which is
the date when UL is sunsetting UL 471.
Therefore, during the time between the
effective date of any final rule based on
this proposal and September 29, 2024,
manufacturers would be allowed to
follow either UL 471, 10th Edition or UL
60335–2–89, 2nd Edition. EPA is
proposing allowing manufacturers to
adhere to either standard for this limited
time because the Agency recognizes that
manufacturers may need time to make
necessary changes including to their
product labels. The period during which
manufacturers may follow either
standard should provide sufficient time
for manufacturers to transition from UL
471 to UL 60335–2–89. EPA proposes
that, beginning September 30, 2024, R–
290 may only be used in new standalone units that meet all requirements in
UL 60335–2–89 for the purposes of the
SNAP program. See section II.H.1 for
further discussion on the requirements
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19:55 May 23, 2023
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of this standard that EPA is proposing
to incorporate by reference.
In addition, we are proposing that
manufacturers would need to follow the
set of use conditions that correspond
with a specific UL standard (i.e., when
using UL 471, follow all use conditions
in listing 2 and when using UL 60335–
2–89, follow all use conditions in listing
4 in the proposed revisions to appendix
R). After the transition period ends,
stand-alone units manufactured with R–
290 would need to follow UL 60335–2–
89 for purposes of the SNAP program.
EPA also notes that we are not
proposing to change two use conditions
that currently apply, nor are we taking
comment on those other use conditions.
The use conditions that restrict the use
of R–290 to new equipment specifically
designed for this refrigerant, and that
require red-colored markings on service
ports, pipes, hoses, and other devices
through which the refrigerant is
serviced, repeat the current use
conditions for R–290 in new stand-alone
units. If the regulatory text is finalized
as proposed, EPA would amend to add
use conditions that apply to R–290 in
new stand-alone units manufactured on
or after the effective date of the final
rule. Equipment manufactured before
the effective date of the final rule would
not be affected by this action and would
hence be subject to the current use
conditions included in appendix R.
8. How do the proposed use conditions
for stand-alone units differ from the
existing ones and why is EPA proposing
to change the use conditions?
The revised use conditions EPA is
proposing for stand-alone units are
similar to the ones that exist today in
appendix R to 40 CFR part 82, subpart
G, for R–290 in this end-use category.
The requirements that R–290 must be
used in new equipment only, and that
new stand-alone units must include red
markings at service ports, pipes, hoses,
and other devices through which the
refrigerant is serviced, are repeated in
this proposed listing. The updated use
conditions concern incorporating by
reference the most recent U.S. national
standard and updated labeling
requirements consistent with that new
standard. Stand-alone units using R–290
manufactured before the effective date
of a final rule to this proposal would not
be affected by the updated use
conditions.
Warning labels are required under
EPA’s current regulations, and EPA is
proposing to continue to require them,
although with some specific language
changes. The proposed warning labels
are similar to those required currently as
use conditions for the use of R–290 in
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33735
stand-alone units. EPA finds that using
a common set of labels, similar to those
from UL 60335–2–89, would aid in
compliance and could reduce burden
for the industry, especially for a
manufacturer that uses more than one
refrigerant. EPA is proposing that the
labels must be provided in letters no
less than 6.4 millimeter (1⁄4 inch) high
and must be permanent, which is
identical to the current requirement for
R–290 in stand-alone units.
EPA is proposing to incorporate by
reference a new industry standard in the
use conditions, including use of the 2nd
edition of UL 60335–2–89 instead of
continuing to require the standard
Supplement SB of the 10th edition of
UL 471 for equipment manufactured on
or after the effective date of any final
rule based on this proposal. UL 60335–
2–89 was developed in an open and
consensus-based approach, with the
assistance of experts in the refrigeration
and AC industry as well as experts
involved in assessing the safety of
products. The revision cycle for the 2nd
edition, including final recirculation,
concluded with its publication on
October 27, 2021. The 2nd edition of UL
60335–2–89 replaces the previously
published version of several standards,
including UL 471, which had already
been published as a 10th edition by that
time. EPA was aware of the continuing
progress of UL standards to address
flammable refrigerants more
appropriately. In SNAP Rule 23 (86 FR
24444, May 6, 2021), which listed a
number of A2L refrigerants for use in
the residential and light commercial AC
and heat pumps (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 R–290 in standalone units, and whether to establish
new or revised use conditions that
reference UL 60335–2–89.’’ In this
document, we are proposing such a
change knowing that UL is replacing the
standard to which such equipment is
certified from UL 471 to the newer
standard UL 60335–2–89 starting
September 30, 2024.
To allow time for manufacturers of
stand-alone units to transition between
the current use condition using the 10th
edition of UL 471, and the new use
condition using the 2nd edition of UL
60335–2–89, EPA is proposing to allow
R–290 to be used in stand-alone units
manufactured either following UL 471
or UL 60335–2–89 during a transition
period. We propose that transition
period would begin on the effective date
of the final rule based on this proposal
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and would last through September 29,
2024. It is EPA’s understanding that UL
intends to sunset UL 471 on September
29, 2024, and EPA is proposing to
coordinate with that sunset date.
Beginning September 30, 2024, the use
condition in effect would only allow R–
290 to be used in new stand-alone units
that follow UL 60335–2–89. In addition,
we are proposing that manufacturers
would need to follow the set of use
conditions that correspond with a
specific UL standard (i.e., when using
UL 471, follow all use conditions in
listing 4 and when using UL 60335–2–
89, follow all use conditions in listing
6 in the proposed revisions to appendix
R).
Updating the UL standard
incorporated as a use condition will
provide more consistency amongst the
products within the retail food
refrigeration end-use. This change will
allow the industry to focus on the most
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 technicians, likewise,
would not need to reference different
standards depending on the type of
equipment and the particular flammable
refrigerant being used in that
equipment, when putting in a new piece
of equipment or servicing that
equipment.
Another proposed revision to the use
conditions is the limit on charge sizes.
The current use conditions from SNAP
Rule 17 require the charge sizes
calculated consistent with UL 471, with
a maximum charge of 150 g allowed.
The proposed revised use conditions for
equipment manufactured on or after the
effective date of any final rule would
allow charge sizes calculated based on
UL 60335–2–89, which allows charges
of up to 500 g of R–290 for open standalone units, or 300 g for those with
doors and drawers.
Because of the differences between
UL 471 and UL 60335–2–89, EPA
performed a new risk screen for R–290
as a refrigerant in retail food
refrigeration equipment, including
stand-alone units.31 In this risk screen,
EPA adjusted charge sizes to be
consistent with the larger charge sizes of
300 g and 500 g allowed for R–290
under UL 60335–2–89. The risk screen
also considered the impact of mitigation
methods such as valves that would
31 ICF,
19:55 May 23, 2023
9. What additional information is EPA
including in these proposed listings?
EPA is providing additional
information related to the proposed
listing for R–290 in new refrigerated
food processing and dispensing
equipment and the proposed revised
listing for R–290 in new stand-alone
units. 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.H.2
for further discussion on what
additional information EPA is including
in these proposed listings. EPA notes
that the additional information is
similar to, but not identical with, the
addition information in the listing for
R–290 in stand-alone units in SNAP
Rule 17. EPA is proposing additional
information consistent with that
included in the other proposed listings
for stand-alone units in this rule and
consistent with that included in the
listings for R–290 as acceptable, subject
to use conditions, in stand-alone units
in Rule 17. 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.
10. On which topics is EPA specifically
requesting comment?
EPA is requesting comment on all
aspects of the proposed decision to list
R–290 acceptable, subject to use
conditions, in new refrigerated food
processing and dispensing equipment as
discussed in this section II.B. EPA also
requests comments on the proposed
32 Ibid.
33 The source of the ATEL is ASHRAE 34–2022,
as cited in ICF, 2023h. Op cit.
2023h. Op. cit.
VerDate Sep<11>2014
restrict the amount of refrigerant that
could be released. The updated risk
screen found that concentrations of R–
290 still would not exceed the LFL
when used according to the proposed
use condition and consistent with UL
60335–2–89, and thus the proposed new
use conditions would also address
potential flammability risks of using R–
290.32 In addition, the risk screen
modeled the reasonable work case
scenario of short-term exposure (15minute TWA) due to a catastrophic
release of the charge. Under this highly
conservative scenario, the worst-case
exposure of 5,770 ppm was still
significantly lower than the Acute
Toxicity Exposure Limit (ATEL) of
50,000 ppm.33 For further information,
see the risk screen in the docket for this
rulemaking.
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change in use conditions for use of R–
290 in stand-alone units, and if and how
such change would affect the safety of
stand-alone units using R–290. The
Agency requests comment on the time
periods during which manufacturers are
to follow UL 471, either UL 471 or UL
60335–3–89, or only UL 60335–2–89.
EPA also requests comments on the
proposed use conditions for use of R–
290 in new refrigerated food processing
and dispensing equipment, including
the proposed requirements to comply
with UL 60335–2–89. With respect to
this standard, EPA is requesting
comment on the risk mitigation offered
by compliance with the current version
of the standard proposed as use
conditions, i.e., UL 60335–2–89, the
nature of updates proposed for this
standard, and the expected timeline for
those updates. EPA is requesting
comment on the applicability of the 2nd
edition of UL 60335–2–89 to refrigerated
food processing and dispensing
equipment, including which types of
equipment, under which applications
the standard applies, and whether the
listing of R–290 should apply to
refrigerated food processing and
dispensing equipment that has a remote
compressor and is not self-contained.
C. Commercial Ice Machines—Proposed
Listing of HFC–32, HFO–1234yf, R–
454A, R–454B, R–454C, R–455A, R–
457A, and R–516A as Acceptable,
Subject to Use Conditions, for Use in
New Commercial Ice Machines
EPA is proposing to list HFC–32,
HFO–1234yf, and the refrigerant blends
R–454A, R–454B, R–454C, R–455A, R–
457A, and R–516A as acceptable,
subject to use conditions, for use in new
commercial ice machines.
Several use conditions proposed for
commercial ice machines are common
to those proposed for other end-uses.
Because of this similarity, EPA
discusses the use conditions that would
apply to all five end-uses in section II.H.
For commercial ice machines, those are
the only use conditions EPA is
proposing. In summary, the common
use conditions proposed include the
following: restricting the use of each
refrigerant to new equipment that is
specifically designed for that refrigerant;
use consistent with the 2nd edition of
UL 60335–2–89, 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, technicians, and first
responders of potential flammability
hazards.
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If the regulatory text is finalized as
proposed, EPA would revise the existing
listing for R–290 in new self-contained
commercial ice machines in appendix V
to 40 CFR part 82, subpart G. The
proposed regulatory text contains listing
decisions for the commercial ice
machines end-use, as well as certain
other previous listings that EPA is
republishing for purposes of formatting
for the Federal Register; EPA is not
proposing substantive changes to, and is
not taking comment on, those earlier
decisions (i.e., listings for R–290 in new
water coolers and in new very low
temperature refrigeration equipment).
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1. Background on Commercial Ice
Machines
Commercial ice machines are used in
commercial establishments (e.g., hotels,
restaurants, convenience stores) to
produce ice for consumer use.
Commercial ice machines 34 are another
subset of commercial refrigeration and
are considered a separate end-use
within the SNAP program from retail
food refrigeration due to differences in
where such equipment is placed and the
additional mechanical and electronic
components required to make and
dispense ice. Ice machines produce ice
in various sizes and shapes, and with
different retrieval mechanisms (e.g.,
dispensers or self-retrieval from bins).
Many commercial ice machines are selfcontained units, while some have the
condenser separated from the portion of
the machine making the ice and have
refrigerated lines running between the
two (also known as remote equipment).
Commercial ice machines fall under the
scope of UL 60335–2–89, ‘‘Household
and Similar Electrical Appliances—
Safety—Part 2–89: Requirements for
Commercial Refrigerating Appliances
and Ice-Makers with an Incorporated or
Remote Refrigerant Unit or MotorCompressor.’’
This proposal, if finalized, would list
HFC–32, HFO–1234yf, R–454A, R–
454B, R–454C, R–455A, R–457A, and R–
516A as acceptable, subject to use
conditions, in new commercial ice
machines.
2. What are the ASHRAE classifications
for refrigerant flammability?
ASHRAE 34–2022 categorizes the
refrigerants proposed for commercial ice
machines in this section as being in the
A2L Safety Group. See section II.A.2 for
further discussion on ASHRAE
classifications of these refrigerants.
34 Industry standards for this type of equipment,
e.g., UL 563 and UL 60335–2–89, use the terms ‘‘ice
maker’’ or ‘‘ice-maker’’ rather than commercial ice
machines. The terms may be used interchangeably
and refer to the same equipment.
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3. What are HFC–32, HFO–1234yf, R–
454A, R–454B, R–454C, R–455A, R–
457A, and R–516A and how do they
compare to other refrigerants in the
same end-use?
See section II.A.3 for further
discussion on the environmental,
flammability, toxicity, and exposure
information for HFC–32, HFO–1234yf,
R–454A, R–454B, R–454C, R–455A, R–
457A, and R–516A.35
HFC–32 is also known as R–32 or
difluoromethane (CAS Reg. No. 75–10–
5). 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. Redacted submissions and
supporting documentation for HFC–32,
HFO–1234yf, and the refrigerant blends
are provided in the docket for this
proposed rule (EPA–HQ–OAR–2023–
0043) at https://www.regulations.gov.
EPA performed a risk screening
assessment to examine the health and
environmental risks of each of these
substitutes. These risk screens are
available in the docket for this proposed
rule.36 37 38 39 40 41 42 43
Comparison to other substitutes in
this end-use: HFC–32, HFO–1234yf, and
the refrigerant blends R–454A, R–454B,
R–454C, R–455A, R–457A, and R–516A
35 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 R–454A, R–454B,
R–454C, and R–457A as acceptable, subject to use
conditions, as substitutes in residential and light
commercial AC and HPs (86 FR 24444, May 6,
2021). EPA previously listed HFC–32 as acceptable,
subject to use conditions, in self-contained room air
conditioners (80 FR 19453, April 10, 2015) and
listed HFC–32 as acceptable, subject to use
conditions, in the remaining types of residential
and light commercial air conditioning and heat
pumps.
36 ICF, 2023i. Risk Screen on Substitutes in
Commercial Ice Machines (New Equipment);
Substitute: HFC–32.
37 ICF, 2023j. Risk Screen on Substitutes in
Commercial Ice Machines (New Equipment);
Substitute: HFO–1234yf.
38 ICF, 2023k. Risk Screen on Substitutes in
Commercial Ice Machines (New Equipment);
Substitute: R–454A (Opteon® XL40).
39 ICF, 2023l. Risk Screen on Substitutes in
Commercial Ice Machines (New Equipment);
Substitute: R–454B.
40 ICF, 2023m. Risk Screen on Substitutes in
Commercial Ice Machines (New Equipment);
Substitute: R–454C (OpteonTM XL20).
41 ICF, 2023n. Risk Screen on Substitutes in
Commercial Ice Machines (New Equipment);
Substitute: R–455A (Solstice® L40X).
42 ICF, 2023o. Risk Screen on Substitutes in
Commercial Ice Machines (New Equipment);
Substitute: R–457A (Forane® 457A).
43 ICF, 2023p. Risk Screen on Substitutes in
Commercial Ice Machines (New Equipment);
Substitute: R–516A (Forane® 516A).
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all have an ODP of zero, comparable to
or lower than some of the acceptable
substitutes in new commercial ice
machines, such as HFC–134a, R–410A,
and R–513A, with ODPs of zero.
HFO–1234yf has a GWP of less than
four, comparable to that of R–290 and
ammonia with GWPs of 3 and zero. R–
454A, R–454B, R–454C, R–455A, R–
457A, and R–516A have GWPs ranging
from 140 to 470, higher than some of the
acceptable substitutes for new
commercial ice machines, including R–
290 and ammonia with GWPs of 3 and
zero, respectively, and lower than those
of other substitutes such as R–450A and
R–513A, with GWPs of about 600 and
630. HFC–32 has a GWP of 675, higher
than some of the acceptable substitutes
including R–290, R–450A, and R–513A;
however, the GWP of HFC–32 is lower
than those of R–410A and R–404A, with
GWPs of approximately 2,090 to 3,920,
which are refrigerants that have
typically been employed in such
systems. Our initial evaluation is that
the characteristics of HFC–32 meet the
technical needs of larger commercial ice
machines, providing larger charge sizes,
greater capacity and no glide, allowing
for even formation of ice, while lowerGWP alternatives do not. For instance,
R–513A and R–450A have lower
capacity than HFC–32, and R–290 is
restricted to smaller charge sizes (see
section II.D for further information).
Remote appliances using A2L
refrigerants, including remote
condensers, may be either selfcontained or field erected and may be
factory or field charged.
Information regarding the toxicity of
other available alternatives is provided
in the previous listing decisions for new
commercial ice machines (https://
www.epa.gov/snap/substitutescommercial-ice-machines). Toxicity
risks of use, determined by the
likelihood of exceeding the exposure
limit of HFC–32, HFO–1234yf, and the
refrigerant blends in these end-uses are
evaluated in the risk screens referenced
previously. The toxicity risks of using
HFC–32, HFO–1234yf, and the
refrigerant blends in new commercial
ice machines are comparable to or lower
than toxicity risks of other available
substitutes in the same end-use.
Toxicity risks of the proposed
refrigerants can be mitigated by use
consistent with UL 60335–2–89,
ASHRAE 15–2022, and other industry
standards; recommendations in the
manufacturers’ SDS; and other safety
precautions common in the refrigeration
and AC industry.
The flammability risks of HFC–32,
HFO–1234yf, and the refrigerant blends
R–454A, R–454B, R–454C, R–455A, R–
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457A, and R–516A in the new
commercial ice machine end-use,
determined by the likelihood of
exceeding their respective lower
flammability limits, are evaluated in the
risk screens referenced previously in
this section. While these refrigerants
may pose greater flammability risk than
other available, non-flammable
substitutes in the new commercial ice
machines end-use, this risk can be
mitigated by use consistent with
ASHRAE 15–2022 and UL 60335–2–89,
required by our proposed use
conditions, as well as recommendations
in the manufacturers’ SDS and other
safety precautions common in the
refrigeration and AC industry. EPA is
proposing 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 commercial ice machines enduse.
In addition, the proposed substitutes
have lower GWPs than most other
available alternatives for new
commercial ice machines. The proposed
refrigerants provide additional lowerGWP options for situations where other
refrigerants with lower GWPs are not
viable, such as for use of HCs in systems
with remote compressors or equipment
requiring larger charge sizes, where
equipment using CO2 may not be able to
meet energy conservation standards
from the DOE, or where a refrigerant
must have minimal glide to ensure
consistent freezing while manufacturing
ice. Given the wide range of
applications and exacting performance
requirements for commercial ice
machines, not all refrigerants listed as
acceptable under SNAP will be suitable
for the range of equipment in new
commercial ice machines. To provide
additional options to ensure the
availability of substitutes with lower
GWP for the full range of new
commercial ice machines and, therefore,
lower overall risk to human health and
the environment, EPA is proposing the
listings for HFC–32, HFO–1234yf, and
the refrigerant blends R–454A, R–454B,
R–454C, R–455A, R–457A, and R–516A
as acceptable, subject to use conditions,
for use in new commercial ice
machines.
4. Why is EPA proposing these specific
use conditions?
EPA is proposing to list HFC–32,
HFO–1234yf, and the refrigerant blends
R–454A, R–454B, R–454C, R–455A, R–
457A, and R–516A as acceptable,
subject to use conditions, for use in new
commercial ice machines. The use
conditions identified in these proposed
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listings are explained in section II.H.1 in
greater detail.
5. What additional information is EPA
including in these proposed listings?
EPA is providing additional
information related to these proposed
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.H.2 for further discussion on what
additional information EPA is including
in these proposed 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.
6. On which topics is EPA specifically
requesting comment?
EPA is requesting comment on all
aspects of the proposed decision to list
HFC–32, HFO–1234yf, and R–454A, R–
454B, R–454C, R–455A, R–457A, and R–
516A acceptable, subject to use
conditions, in new commercial ice
machines as discussed in this section
II.C. EPA seeks comment on the risk
mitigation offered by the proposed use
conditions, including requiring
compliance with UL 60335–2–89,
except to the extent the proposed rule
conflicts with the UL Standard, in
which case we propose that the use
conditions specified in the rule would
apply. We also request comment on
whether EPA should consider other use
conditions to further mitigate potential
risk from the proposed refrigerants in
this end-use. EPA requests comment on
whether commercial ice machines have
been designed for or manufactured with
the refrigerants proposed and any
information on the safety of such
equipment in other countries, and if and
how such experience would translate to
safe use in the United States.
D. Commercial Ice Machines—Proposed
Revision of Use Conditions in the
Previous Listing of R–290 as Acceptable,
Subject to Use Conditions, for Use in
New Self-Contained Commercial Ice
Machines
EPA is proposing to revise use
conditions in the previous listing of R–
290 as acceptable, subject to use
conditions, for use in new selfcontained commercial ice machines.
More specifically, EPA previously listed
R–290 as acceptable, subject to use
conditions, in new self-contained
commercial ice machines in SNAP Rule
21 (81 FR 86779, December 1, 2016). In
this document, we are proposing to
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update those use conditions to be
consistent with the most recent U.S.
national standard for commercial
refrigeration equipment, including
commercial ice machines, the 2nd
edition of UL 60335–2–89. Similar use
conditions would apply to other
refrigerants with lower flammability as
proposed in this SNAP action in section
II.C above. The proposed revised use
conditions would be allowed for such
equipment manufactured on or after the
effective date of any final rule and
would not apply to nor affect equipment
manufactured before the effective date
of any final action and manufactured in
compliance with the SNAP
requirements applicable at the time of
manufacture.
This proposed revision to the use
conditions would incorporate by
reference a different industry standard,
changing the reference from
Supplement SA to the 8th edition, dated
July 31, 2009, of the standard UL 563,
‘‘Ice Makers’’ to the 2nd edition of UL
60335–2–89. EPA is proposing a
transition period during which selfcontained commercial ice machines
manufactured with R–290 may follow
either the earlier standard UL 563 or UL
60335–2–89. After the transition period
ends, self-contained commercial ice
machines manufactured with R–290
would need to follow UL 60335–2–89
for purposes of the SNAP program.
Several use conditions proposed for
this end-use are similar to those
proposed for other end-uses. Because of
this similarity, EPA discusses the use
conditions that would apply to all five
end-uses in section II.H. In summary,
the common use conditions proposed
include the following: restricting the use
of the refrigerant to new equipment that
is specifically designed for that
refrigerant; use consistent with the 2nd
edition of UL 60335–2–89, 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, technicians, and first
responders of potential flammability
hazards. The regulatory text of the
proposed decisions appears in tables at
the end of this document.
If the regulatory text is finalized as
proposed, EPA would revise the existing
listing for R–290 in new self-contained
commercial ice machines in appendix V
to 40 CFR part 82, subpart G. The
proposed regulatory text contains listing
decisions for new self-contained
commercial ice machines in appendix
V, as well as certain other previous
listings that EPA is republishing for
purposes of formatting for the Federal
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Register; EPA is not proposing
substantive changes to, and is not taking
comment on, those earlier decisions
(i.e., listings for R–290 in new water
coolers and in new very low
temperature refrigeration equipment).
1. Background on commercial ice
machines
See section II.C.1 for background on
this end-use.
2. What are the ASHRAE classifications
for refrigerant flammability?
ASHRAE 34–2022 categorizes R–290
as being in the A3 Safety Group. See
section II.A.2 for further discussion on
ASHRAE classifications.
3. What is R–290 and were is there
information on its use in this end-use?
See section II.B.3 for further
discussion on the identity,
environmental, flammability, toxicity,
and exposure information for R–290.
Redacted submissions and supporting
documentation for R–290 are provided
in the docket for this proposed rule
(EPA–HQ–OAR–2023–0043) at https://
www.regulations.gov. EPA performed a
risk screening assessment to examine
the health and environmental risks of
this substitute in self-contained
commercial ice machines. The risk
screen is available in the docket for this
proposed rule.44
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4. What use conditions currently apply
to this refrigerant in this end-use?
EPA previously listed R–290
acceptable, subject to use conditions, in
new self-contained commercial ice
machines in SNAP Rule 21 (81 FR
86779, December 1, 2016). Those
requirements are codified in appendix V
to 40 CFR part 82, subpart G. EPA
provided information on the
environmental and health risks of R–290
and the various substitutes available at
that time for use in this end-use.
Additionally, EPA’s previous risk screen
for this refrigerant, based on the use
conditions in that rule, is available in
the docket for that previous rulemaking
(EPA–HQ–OAR–2015–0663).
R–290 has an ASHRAE classification
of A3, indicating that it has low toxicity
and higher flammability. In the presence
of an ignition source (e.g., static
electricity, a spark resulting from a
closing door, or a cigarette), an
explosion or a fire could occur if the
concentration of R–290 were to exceed
the LFL of 21,000 ppm (2.1 percent) by
volume.
44 ICF, 2023q. Risk Screen on Substitutes in
Commercial Ice Machines (New Equipment);
Substitute: (R–290).
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The use conditions established in the
2016 listing for R–290 in new selfcontained commercial ice machines
addressed safe use of this flammable
refrigerant and included the following:
incorporation by reference of
Supplement SA to the 8th edition (July
31, 2009, including revisions through
November 29, 2013) of the standard UL
563, ‘‘Ice Makers’’; refrigerant charge
size limits based on cooling capacity
and type of equipment; and
requirements for markings and warning
labels on equipment using the
refrigerant to inform consumers,
technicians, and first responders of
potential flammability hazards. Our
assessment and listing decisions in
SNAP Rule 21 (81 FR 86779, December
1, 2016) found that with the use
conditions, the overall risk of this
substitute, including the risk due to
flammability, was not significantly
greater risk in this end-use than other
substitutes that are currently or
potentially available for that same enduse.
5. What updates to the existing use
conditions for commercial ice machines
is EPA proposing?
EPA is proposing to update the use
conditions that apply to R–290 in new
self-contained commercial ice machines
manufactured on or after the effective
date of any final rule based on this
proposal. Several of the updated use
conditions proposed for use of R–290 in
self-contained commercial ice machines
are common to those proposed for the
stand-alone units end-use in section
II.B, and other are common to all five
end-uses in this proposed rule. Because
of this similarity, EPA discusses the use
conditions that would apply to all five
end-uses in section II.H. For R–290 in
self-contained commercial ice
machines, these are the only revised use
conditions EPA is proposing. In
summary, with the updates proposed to
the use conditions for new selfcontained commercial ice machines, the
common use conditions proposed
include the following: restricting the use
of the refrigerant to new equipment that
is specifically designed for that
refrigerant; use consistent with the 2nd
edition of UL 60335–2–89, 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, technicians, and first
responders of potential flammability
hazards.
If finalized as proposed, the use
conditions in this action would apply to
new self-contained commercial ice
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machines manufactured on or after the
effective date of the final rule. Any final
rule would not apply to nor affect
equipment manufactured before the
effective date of this action and
manufactured in compliance with the
SNAP use conditions applicable at the
time of manufacture as stipulated in
SNAP Rule 21 and appendix V to 40
CFR part 82, subpart G. EPA views
equipment to be manufactured at the
date upon which 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. For new selfcontained commercial ice machines,
this occurs at the factory. If this rule is
finalized as proposed, new selfcontained commercial ice machines
manufactured between January 3, 2017,
and the effective date of the final rule
based on this proposal would be
required to meet the use conditions in
SNAP Rule 21 (which took effect
January 3, 2017) and as listed in
appendix V to 40 CFR part 82, subpart
G (in listing 1), including the use
condition incorporating by reference
Supplement SA to the 8th edition of UL
563. Such products would be permitted
to be warehoused and sold through
normal channels, even if they are sold
or installed after the effective date of
any final rule based on this proposed
rule. Self-contained ice machines using
R–290 manufactured on or after the
effective date of any final rule based on
this proposal through September 29,
2024, would be required to meet the use
conditions so finalized and listed in the
revisions to appendix V. Those use
conditions would allow manufacturers
of new self-contained commercial ice
machines using R–290 to follow either
UL 563 or UL 60335–2–89 from the
effective date of any final rule based on
this proposal and would last through
September 29, 2024. On and after
September 30, 2024, the use condition
for use of R–290 in equipment that
meets UL 60335–2–89 only would apply
under SNAP.
EPA is proposing use conditions
allowing new self-contained commercial
ice machines to be manufactured
consistent with Supplement SA of UL
563, up to and including September 29,
2024, which is the date when UL is
sunsetting UL 563. Therefore, during the
time between the effective date of any
final rule based on this proposal and
September 29, 2024, manufacturers
would be allowed to follow either UL
563, 8th Edition or UL 60335–2–89, 2nd
Edition. EPA is proposing allowing
manufacturers to adhere to either
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standard for this limited time because
the Agency recognizes that
manufacturers may need time to make
necessary changes including to their
product labels. The period during which
manufacturers may follow either
standard should provide sufficient time
for manufacturers to transition from UL
563 to UL 60335–2–89. EPA proposes
that, beginning September 30, 2024, R–
290 may only be used in new selfcontained commercial ice machines that
meet all requirements in UL 60335–2–
89 for the purposes of the SNAP
program. See section II.H.1 for further
discussion on the requirements of this
standard that EPA is proposing to
incorporate by reference.
In addition, we are proposing that
manufacturers would need to follow the
set of use conditions that correspond
with a specific UL standard (i.e., when
using UL 563, follow all existing use
conditions in listing 1 and when using
UL 60335–2–89, follow all use
conditions in listing 3 in the proposed
revisions to appendix V). After the
transition period ends, stand-alone units
manufactured with R–290 would need
to follow UL 60335–2–89 for purposes
of the SNAP program.
EPA also notes that we are not
proposing to change two use conditions
that currently apply, nor are we taking
comment on those other use conditions.
The use conditions that restrict the use
of R–290 to new equipment specifically
designed for this refrigerant, and that
require red-colored markings at service
ports, pipes, hoses, and other devices
through which the refrigerant is
serviced, are current use conditions for
R–290 in new self-contained
commercial ice machines.
If the regulatory text is finalized as
proposed, EPA would amend to add use
conditions that apply to R–290 in new
self-contained commercial ice machines
manufactured on or after the effective
date of the final rule. Equipment
manufactured before the effective date
of the final rule would not be affected
by this action and would hence be
subject to the current use conditions
included in appendix V.
6. How do the proposed use conditions
for commercial ice machines differ from
the existing ones and why is EPA
proposing to change the use conditions?
The updated use conditions EPA is
proposing are similar to the ones that
exist today in appendix V to 40 CFR
part 82, subpart G, for R–290 in this
end-use. The proposed requirements
that R–290 must be used in new
equipment only and that new selfcontained commercial ice machines
must include red markings at service
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ports, pipes, hoses, and other devices
through which the refrigerant is
serviced, are repeated in this proposed
listing. The revised use conditions
concern incorporating by reference the
most recent U.S. national standard for
commercial ice machines and labeling
requirements consistent with that new
standard. Self-contained commercial ice
machines using R–290 manufactured
before the effective date of a final rule
based on this proposal would not be
affected by the revised use conditions.
Warning labels are required under
EPA’s current regulations, and EPA is
proposing to continue to require them,
although with some specific language
changes. EPA is proposing warning
labels that are identical to those
required as use conditions for the use of
R–290 in self-contained commercial ice
machines. EPA finds that using a
common set of labels, similar to those
from UL 60335–2–89, would aid in
compliance and could reduce burden
for the industry, especially for a
manufacturer that uses more than one
refrigerant. EPA is proposing that the
labels must be provided in letters no
less than 6.4 millimeter (1⁄4 inch) high
and must be permanent, which is
identical to the current requirement for
R–290 in self-contained commercial ice
machines.
EPA is proposing to update the
standard incorporated by reference in
the use conditions, and after a transition
period, replacing the requirement to
follow Supplement SA of the 8th
edition of UL 563 with the proposed
requirement to adhere to the 2nd edition
of UL 60335–2–89. UL 60335–2–89 was
developed in an open and consensusbased 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 2nd edition,
including final recirculation, concluded
with its publication on October 27,
2021. The 2021 standard UL 60335–2–
89 replaces the previously published
version of several standards, including
UL 563, which had already been revised
into an 8th edition by that time. EPA
was aware of the continuing progress of
UL Standards to address flammable
refrigerants more appropriately. In this
document, we are proposing such a
change knowing that UL is replacing the
standard to which such equipment is
certified from UL 563 to the newer UL
60335–2–89 as of September 30, 2024.
To allow time for manufacturers of
self-contained commercial ice machines
to transition between the current use
condition using the 8th edition of UL
563, and the new use condition using
the 2nd edition of UL 60335–2–89, EPA
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is proposing to allow R–290 to be used
in self-contained commercial ice
machines manufactured either following
UL 563 or UL 60335–2–89 during a
transition period. We propose that
transition period would begin on the
effective date of any final rule based on
this proposal and would last through
September 29, 2024. It is EPA’s
understanding that UL intends to sunset
UL 563 on September 29, 2024, and EPA
is proposing to coordinate with that
sunset date. Beginning September 30,
2024, the use condition in effect would
only allow R–290 to be used in new selfcontained commercial ice machines that
follow UL 60335–2–89. In addition, we
are proposing that manufacturers would
need to follow the set of use conditions
that correspond with a specific UL
standard (i.e., when using UL 563,
follow all use conditions in listing 1 and
when using UL 60335–2–89, follow all
use conditions in listing 3 in the
proposed revisions to appendix V).
Incorporating UL 60335–2–89 by
reference in a use condition would
allow the industry to manufacture and
test refrigeration equipment following
the most recent standard, which
provides additional flexibility and
safeguards when using flammable
refrigerants. The transition period when
equipment may follow either UL
standard would 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.
Another proposed revision to the use
conditions is the limit on charge sizes.
The current use conditions from SNAP
Rule 21 require the charge sizes from UL
563 calculated consistent with UL 563,
with a maximum charge size of 150 g
allowed. The proposed revised use
conditions for equipment manufactured
on or after the effective date of any final
rule would allow charge sizes calculated
based on UL 60335–2–89, which would
allow charge sizes of R–290 up to
approximately 500 g for open
equipment, 300 g for equipment with
doors or drawers, or 115 g for
equipment near a pathway for egress.
These changes would allow the use of
R–290 in larger equipment than
previously and would provide more
options for industry, while maintaining
safety.
Because of the differences between
UL 563 and UL 60335–2–89, EPA
performed a new risk screen for R–290
as a refrigerant in commercial ice
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machines.45 In this risk screen, EPA
adjusted charge sizes to be consistent
with the larger charge sizes allowed for
R–290 under UL 60335–2–89. The risk
screen also considered the impact of
mitigation methods such as valves that
would restrict the amount of refrigerant
that could be released. The updated risk
screen found that concentrations of R–
290 still would not exceed the LFL
when used according to the proposed
use condition and consistent with UL
60335–2–89, and thus the proposed new
use conditions would also address
potential flammability risks of using R–
290.46 In addition, the risk screen
modeled the reasonable worst-case
scenario of short-term exposure (15minute TWA) due to a catastrophic
release of the charge. Under this highly
conservative scenario, the worst-case
exposure was still significantly lower
than the ATEL of 50,000 ppm.47 For
further information, see the risk screen
in the docket for this rulemaking.
affect the safety of self-contained
commercial ice machines using R–290.
EPA is requesting comment on the risk
mitigation offered by compliance with
the current version of the standard
proposed as use conditions, i.e., UL
60335–2–89, the nature of updates
proposed for this standard, and the
expected timeline for those updates.
The Agency also requests comment on
allowing a transition period where
either of two sets of use conditions,
including either UL 563 or UL 60335–
2–89, may be followed and on the
specific dates for the transition period.
EPA is requesting comment on the
applicability of the 2nd edition of UL
60335–2–89 to new self-contained
commercial ice machines, including
which types of equipment, under which
applications the standard applies, and
whether the listing of R–290 should
apply to commercial ice machines that
have a remote compressor and are not
self-contained.
7. What additional information is EPA
including in this proposed listing?
EPA is providing additional
information related to this proposed
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.H.2 for further discussion on what
additional information EPA is including
in these proposed listings. EPA notes
that the additional information is
similar to, but not identical with, the
addition information in the listing for
R–290 in self-contained commercial ice
machines in SNAP Rule 21. EPA is
proposing additional information
consistent with that included in the
other proposed listings for stand-alone
units in this rule and consistent with
that included in the listings for R–290
as acceptable, subject to use conditions,
in self-contained commercial ice
machines in Rule 21. 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.
E. Industrial Process Refrigeration—
Proposed Listing of HFC–32, HFO–
1234yf, HFO–1234ze(E), R–454A, R–
454B, R–454C, R–455A, R–457A, and R–
516A as Acceptable, Subject to Use
Conditions, for Use in New Industrial
Process Refrigeration
EPA is proposing to list HFC–32,
HFO–1234yf, HFO–1234ze(E), and the
refrigerant blends R–454A, R–454B, R–
454C, R–455A, R–457A, and R–516A as
acceptable, subject to use conditions, for
use in new industrial process
refrigeration.
Most of the use conditions proposed
for the proposed A2L refrigerants when
used in IPR are the same as those
proposed for other end-uses. Because of
this similarity, EPA discusses the use
conditions that would apply to all five
end-uses in section II.H. In summary,
the common use conditions proposed
include the following: restricting the use
of each refrigerant to new equipment
that is specifically designed for that
refrigerant; use consistent with the 2nd
edition of UL 60335–2–89, 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, technicians, and first
responders of potential flammability
hazards.
The following use condition also
applies for R–32 and R–454B in
industrial process refrigeration: these
substitutes may only be used in chillers
for IPR.
The following use condition also
applies for R–454A in IPR: this
substitute may only be used either in
8. On which topics is EPA specifically
requesting comment?
EPA is requesting comment on all
aspects of the proposed updates to the
use conditions as discussed in this
section II.D. EPA requests comments on
the proposed change in use conditions
and if and how such change would
45 ICF,
2023q. Op. cit.
46 Ibid.
47 Ibid.
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chillers for IPR, in equipment with a
refrigerant charge capacity less than 200
pounds, or in the high temperature side
of a cascade system.
The regulatory text of the proposed
decisions appears in tables at the end of
this document. If finalized as proposed,
this text would be codified in appendix
Y to 40 CFR part 82, subpart G. The
proposed regulatory text contains listing
decisions for the end-use discussed
above. EPA notes that there may be
other legal obligations pertaining to the
manufacture, use, handling, and
disposal of the proposed refrigerants
that are not included in the information
listed in the tables (e.g., the CAA section
608(c)(2) venting prohibition, or DOT
requirements for transport of flammable
gases). Flammable refrigerants being
recovered or otherwise disposed of from
IPR equipment are likely to be
hazardous waste under RCRA (see 40
CFR parts 260 through 270).
1. Background on Industrial Process
Refrigeration
IPR systems cool process streams in
industrial applications, for example,
machining of metal products,
fermentation of beer, or operation of
hydraulic circuits. The choice of
substitute for specific applications
depends on ambient and required
operating temperatures and pressures. It
is EPA’s understanding that this type of
equipment generally falls under the
scope of UL 60335–2–89,
‘‘Requirements for Commercial
Refrigerating Appliances and Ice-Makers
with an Incorporated or Remote
Refrigerant Unit or Motor-Compressor.’’
In contrast, industrial process air
conditioning primarily cools people,
may also cool processes, and follows a
different UL standard. In addition,
sometimes chillers are used primarily to
cool process streams, rather than for
comfort cooling. EPA describes this
application as ‘‘chillers in IPR.’’
2. What are the ASHRAE classifications
for refrigerant flammability?
ASHRAE 34–2022 categorizes the
refrigerants proposed for IPR in this
section as being in the A2L Safety
Group. See section II.A.2 for further
discussion on ASHRAE classifications.
3. What are HFC–32, HFO–1234yf,
HFO–1234ze(E), R–454A, R–454B, R–
454C, R–455A, R–457A, and R–516A
and how do they compare to other
refrigerants in the same end-use?
See section II.A.3 for further
discussion on the environmental,
flammability, toxicity, and exposure
information for these refrigerants.
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The redacted submission and
supporting documentation for HFC–32,
HFO–1234yf, HFO–1234ze(E), blends
R–454A, R–454B, R–454C, R–455A, R–
457A, and R–516A is provided in the
docket for this proposed rule (EPA–HQ–
OAR–2023–0043) at https://
www.regulations.gov. EPA performed
risk screening assessments to examine
the health and environmental risks of
these substitutes. These risk screens are
available in the docket for this proposed
rule.48 49 50 51 52 53 54 55 56
Comparison to other substitutes in
this end-use: HFC–32, HFO–1234yf,
HFO–1234ze(E), and blends R–454A, R–
454B, R–454C, R–455A, R–457A, and R–
516A all have an ODP of zero,
comparable to or lower than some of the
acceptable substitutes in new IPR
equipment, such as HFC–134a, R–410A,
and R–513A with ODPs of zero and
hydrochlorofluoroolefin (HCFO)–
1233zd(E) with an ODP less than
0.0004.57
HFO–1234yf and HFO–1234ze(E)
have GWPs less than four and less than
six, respectively, comparable to that of
R–290 and ammonia with GWPs of 3
and zero. R–454A, R–454B, R–454C, R–
455A, R–457A, and R–516A have GWPs
ranging from 140 to 470, higher than
some of the acceptable substitutes for
new IPR equipment, including R–290
and ammonia, and lower than those of
other substitutes such as R–450A and
R–513A with GWPs of about 600 and
630. HFC–32 has a GWP of 675, which
48 ICF, 2023r. Risk Screen on Substitutes in
Industrial Process Refrigeration (New Equipment);
Substitute: HFC–32 (Difluoromethane).
49 ICF, 2023s. Risk Screen on Substitutes in
Industrial Process Refrigeration, Cold Storage
Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: HFO–1234yf.
50 ICF, 2023t. Risk Screen on Substitutes in
Industrial Process Refrigeration, Cold Storage
Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: HFO–1234ze(E) (Solstice®
ze, Solstice® 1234ze).
51 ICF, 2023u. Risk Screen on Substitutes in
Industrial Process Refrigeration and Cold Storage
Warehouses (New Equipment); Substitute: R–454A
(Opteon® XL40).
52 ICF, 2023v. Risk Screen on Substitutes in
Industrial Process Refrigeration (New Equipment);
Substitute: R–454B (Opteon® XL41).
53 ICF, 2023w. Risk Screen on Substitutes in
Industrial Process Refrigeration, Cold Storage
Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: R–454C (OpteonTM XL20).
54 ICF, 2023x. Risk Screen on Substitutes in
Industrial Process Refrigeration, Cold Storage
Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: R–455A (Solstice® L40X).
55 ICF, 2023y. Risk Screen on Substitutes in
Industrial Process Refrigeration, Cold Storage
Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: R–457A.
56 ICF, 2023z. Risk Screen on Substitutes in
Industrial Process Refrigeration, Cold Storage
Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: R–516A.
57 WMO, 2018.
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is higher than some of the acceptable
substitutes including R–290, R–450A,
and R–513A; however, the GWP of
HFC–32 is lower than those of R–410A
and R–404A, with GWPs of
approximately 2,090 to 3,920, which are
refrigerant that have typically been
employed in chillers for IPR.
Information regarding the toxicity of
other available alternatives is provided
in the previous listing decisions for new
IPR (https://www.epa.gov/snap/
substitutes-industrial-processrefrigeration). Toxicity risks of use,
determined by the likelihood of
exceeding the exposure limits of HFC–
32, HFO–1234yf, HFO–1234ze(E), R–
454A, R–454B, R–454C, R–455A, R–
457A, and R–516A in this end-use, is
evaluated in the risk screens referenced
above. The toxicity risks of using HFO–
1234yf and the refrigerant blends in IPR,
and of using all nine refrigerants in
chillers for IPR, are comparable to or
lower than toxicity risks of other
available substitutes in the same enduse. Toxicity risks of the proposed
refrigerants can be mitigated by use
consistent with ASHRAE 15–2022 and
other industry standards,
recommendations in the manufacturers’
SDS, and other safety precautions
common in the refrigeration and AC
industry.
The flammability risks with HFC–32,
HFO–1234yf, HFO–1234ze(E), R–454A,
R–454B, R–454C, R–455A, R–457A, and
R–516A in the IPR 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 available
substitutes in the new IPR end-use that
are non-flammable, this risk can be
mitigated by use consistent with
ASHRAE 15–2022 and UL 60335–2–89,
required by our proposed use
conditions, as well as recommendations
in the manufacturers’ SDS and other
safety precautions common in the
refrigeration and AC industry. We also
note that other acceptable refrigerants in
the IPR end-use have higher
flammability and are classified in the
A3 Safety Group, such as R–290, butane
(R–600), and propylene (R–1270). EPA
is proposing use conditions to reduce
the potential risk associated with the
flammability of the proposed
alternatives so that they will not pose
significantly greater risk than other
acceptable substitutes in the new IPR
end-use.
In addition, the proposed substitutes
have lower GWPs than most other
available alternatives for the same uses.
The proposed refrigerants may provide
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additional lower-GWP options for
situations where other refrigerants with
lower GWPs are not viable, such as
situations where sparks or flame might
occur such that HCs are not suitable for
use, or for systems with remote
compressors or equipment requiring
larger charge sizes, where refrigerant
leaks are more likely to create greater
flammability risk. Given the wide range
of applications for IPR, not all
refrigerants listed as acceptable under
SNAP will be suitable for the range of
equipment in the IPR end-use. To
provide additional options to ensure the
availability of substitutes for the full
range of IPR equipment with lower GWP
and, therefore, lower overall risk to
human health and the environment,
EPA is proposing the listings for HFO–
1234yf, HFO–1234ze(E), R–454C, R–
455A, R–457A, and R–516A as
acceptable, subject to use conditions, for
use in IPR.
EPA is also proposing to list the
refrigerants HFC–32 and R–454B with a
use condition restricting their use to
chillers in IPR. These refrigerants have
higher GWPs than the other refrigerants
EPA is proposing to list as acceptable,
subject to use conditions; lower GWPs
than many currently listed acceptable
substitutes for IPR that are commonly in
use; and lower flammability than HC
refrigerants currently listed as
acceptable in IPR. The Agency expects
that these refrigerants may provide
additional, lower-GWP options for
chillers for IPR, where greater
volumetric capacity and higher
operating pressures may be required to
operate properly than for other types of
IPR equipment (e.g., direct expansion
systems), to address applications where
other substitutes with lower GWPs may
not be technically feasible.
EPA is also proposing to list the
refrigerant R–454A with a use condition
that this substitute may only be used
either in chillers for IPR, in equipment
with a refrigerant charge capacity less
than 200 pounds, or in the high
temperature side of a cascade system.
This refrigerant may provide additional,
lower-GWP options for chillers for IPR,
where greater volumetric capacity and
higher operating pressures may be
required to operate properly than for
other types of IPR equipment. R–454A
may also address the additional
challenges for finding lower GWP
refrigerants with higher capacity for ice
skating rinks with moderate charge sizes
and for cascade systems, EPA is
proposing to list R–454A as acceptable,
subject to use conditions, for use in new
ice skating rinks with a charge size
capacity less than 200 pounds or for use
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in the high-temperature side of a
cascade system.
4. Why is EPA proposing these specific
use conditions?
The use conditions identified in the
proposed listings above for all nine
refrigerants are explained in section
II.H.1 in greater detail.
EPA is proposing the use condition
for HFC–32 and R–454B restricting their
use to chillers for IPR because these
substitutes have higher GWPs than
many of the available substitutes in IPR
(e.g., HCs, HFOs); however, because
chillers may require greater volumetric
capacity than other types of IPR
equipment (e.g., DX systems), EPA is
proposing to list these two additional
refrigerants to provide additional
options and to address a broader range
of equipment and applications. EPA
also is proposing a use condition for R–
454A that would allow its use in
chillers for IPR, as well as other certain
other applications, as described below
in this section. In addition, the Agency
previously listed HFC–32, R–454A, and
R–454B as acceptable, subject to use
conditions, in centrifugal and positive
displacement chillers for comfort
cooling in SNAP Rule 25. EPA is
proposing to list the same refrigerants
the same way for the same type of
equipment (chillers) because of similar
technical issues, such as volumetric
capacity and operating pressure, which
restrict the technical viability of
alternatives for some applications.
EPA is proposing to list R–454A as
acceptable, subject to use conditions, in
IPR with a use condition that this
substitute may only be used in chillers
for IPR, in equipment with a refrigerant
charge capacity less than 200 pounds or
in the high-temperature side of a
cascade system. EPA is proposing to
allow use of R–454A for use in chillers
for IPR for the same reasons as above for
HFC–32 and R–454B. The Agency is
also proposing this use condition to
allow use of R–454A less broadly than
for the refrigerants HFO–1234yf, HFO–
1234ze(E), R–454C, R–455A, R–457A,
and R–516A because its GWP is higher
than those other proposed listings for
non-chiller IPR equipment (that has a
GWP of about 240, compared to less
than four to 150). EPA’s understanding
is that, in addition to the technical
constraints for refrigerant in chillers,
there are two more situations where use
of refrigerants is likely to be more
constrained, and thus, additional
refrigerant options may be helpful. The
first of those situations is in what
industry standard ASHRAE 15–2022
identifies as a refrigerating system
having a ‘‘high probability’’ that leaked
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refrigerant from a failed connection,
seal, or component could enter an
occupied area. An example of such a
constraint is that ASHRAE 15–2022 and
UL 60335–2–89 effectively set charge
limits for A2L refrigerants to less than
200 pounds for applications inside an
occupied space where people might be
located. In contrast, larger charge sizes
could be used in ‘‘low-probability’’
locations where the general public is
unlikely to come in contact with the
refrigerant, such as systems used
outdoors or in a machinery room with
access restricted to facility employees.
Where the general public is unlikely to
come into contact with any leaked
refrigerant, such as where charge sizes
of 200 pounds or more of A2L
refrigerant would be allowed under the
use conditions incorporating UL 60335–
2–89 and ASHRAE 15–2022, there
would be fewer space constraints and
greater flexibility in equipment design,
so refrigeration system designers can
accommodate a narrower set of
substitutes. Conversely, where people
are more likely to come into contact
with any leaked refrigerant in an
interior space, refrigerant charge
capacities of a system would be less
than 200 pounds; there would be more
space constraints, less flexibility in
equipment design, and potentially
stricter code requirements, leading to a
need for more refrigerant options.
Allowing the additional option of R–
424A for non-chiller IPR equipment
with smaller refrigerant charges would
enable the use of a wider set of available
substitutes to manage safety (in
particular, flammability and toxicity), as
well as allowing more options to
achieve adequate performance where
there may be more constraints.
Therefore, EPA is proposing to list R–
454A as acceptable, subject to use
conditions, only for non-chiller IPR
equipment with a refrigerant charge
capacity less than 200 pounds.
EPA is also proposing to list R–454A
as acceptable, subject to use conditions,
for use in the high temperature side of
cascade systems used for non-chiller
IPR equipment. As discussed above in
section II.A.1, ‘‘Background on retail
food refrigeration,’’ each system of a
cascade system uses a different
refrigerant that is most suitable for the
given temperature range. Higher
temperature systems, or the ‘‘high
temperature side,’’ have typically used
HFCs as a refrigerant; however, it is
technologically achievable and has
become more common to use ammonia
in the high temperature side. For lower
temperature systems, or the ‘‘low
temperature side’’ of the cascade
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system, low boiling refrigerants such as
R–744 can be used. Considerations for
the choice of refrigerant on the high or
low temperature side of cascade systems
are influenced by many factors
including, but not limited to, a
refrigerant’s toxicity and flammability,
its temperature glide, and its suitability
to lower temperature applications. EPA
understands that use of flammable or
toxic refrigerants, such as ammonia, on
the high temperature side of a cascade
may be limited in certain circumstances
(e.g., based on building codes and/or
standards). EPA notes that there are a
number of substitutes available for the
low temperature side of the cascade
system with GWPs lower than that of R–
454A. Therefore, instead of proposing to
list R–454A as acceptable, subject to
narrowed use limits and subject to use
conditions, EPA is proposing to list R–
454A as acceptable, subject to use
conditions, when it is used in the high
temperature side of cascade systems;
this would expand the refrigerant
options that can comply with local
building codes and industry safety
standards while meeting the more
challenging application of the high
temperature side of a cascade system.
5. What additional information is EPA
including in these proposed listings?
EPA is providing additional
information related to these proposed
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.H.2 for further discussion on what
additional information EPA is including
in these proposed 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.
6. On which topics is EPA specifically
requesting comment?
EPA is requesting comment on all
aspects of the proposed decision to list
HFC–32, HFO–1234yf, HFO–1234ze(E),
and the refrigerant blends R–454A, R–
454B, R–454C, R–455A, R–457A, and R–
516A acceptable, subject to use
conditions, in IPR as discussed in this
section II.E. EPA seeks comment on the
risk mitigation offered by the proposed
use conditions, including requiring
compliance with the 2nd edition of UL
60335–2–89, except to the extent the
proposed rule conflicts with the UL
standard, in which case we propose that
the conditions specified in the rule
would apply. We also request comment
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on whether other use conditions would
offer needed risk mitigation for the
flammable refrigerants proposed. EPA
requests comment on whether types of
IPR equipment have been designed for
the refrigerants proposed; any
information on the safety of such
equipment in other countries; and if and
how such experience would translate to
safe use in the United States. The
Agency requests comment on whether
HFC–32, R–454A, and R–454B should
be listed as acceptable for chillers in IPR
given their higher GWP than some other
alternatives listed as acceptable, if they
should not be listed in IPR at all, or if
they should be listed as acceptable for
all types of IPR equipment, and if so,
why. Depending on public comments
and information received, EPA may
revise the substitutes listed with a use
condition for use only in chillers for IPR
or may not finalize some of the
proposed listings.
F. Cold Storage Warehouses—Proposed
Listing of HFO–1234yf, HFO–1234ze(E),
R–454A, R–454C, R–455A, R–457A and
R–516A as Acceptable, Subject to Use
Conditions, for Use in New Cold Storage
Warehouses
EPA is proposing to list HFO–1234yf,
HFO–1234ze(E), and the refrigerant
blends R–454A, R–454C, R–455A, R–
457A, and R–516A as acceptable,
subject to use conditions, for use in new
cold storage warehouses.
Several use conditions proposed for
cold storage warehouses are common to
those proposed for the other end-uses in
this rule. Because of this similarity, EPA
discusses the use conditions that would
apply to all five end-uses in section II.H.
In summary, the common use
conditions proposed include the
following: restricting the use of each
refrigerant to new equipment that is
specifically designed for that refrigerant;
use consistent with the 2nd edition of
UL 60335–2–89, 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, technicians, and first
responders of potential flammability
hazards.
The following proposed use condition
would also apply to R–454A in cold
storage warehouses: this substitute may
only be used either in equipment with
a refrigerant charge capacity less than
200 pounds or in the high temperature
side of a cascade system.
The regulatory text of the proposed
decisions appears in tables at the end of
this document. If finalized as proposed,
this text would be codified in appendix
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Y to 40 CFR part 82, subpart G. The
proposed regulatory text contains listing
decisions for the end-use discussed
above. EPA notes that there may be
other legal obligations pertaining to the
manufacture, use, handling, and
disposal of the proposed 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
cold storage warehouses are likely to be
hazardous waste under RCRA (see 40
CFR parts 260 through 270).
1. Background on Cold Storage
Warehouses
Cold storage warehouses, an end-use
within the SNAP program, are
refrigerated warehousing and are used
to preserve meat, produce, dairy
products, and other perishable goods
prior to their distribution and sale.
Refrigerant choices depend on the
refrigerant charge, ambient temperatures
and the temperature required, system
performance, energy efficiency, and
health, safety and environmental
considerations, among other things. The
majority of cold storage warehouses in
the United States use ammonia as the
refrigerant in a vapor compression
cycle, although some rely on other
refrigerants. In addition to regulations
pursuant to the SNAP program, other
federal or local regulations may also
affect refrigerant choice. For instance,
regulations from OSHA may restrict or
place requirements on the use of some
refrigerants, such as ammonia (R–717).
Building codes from local and state
agencies may also incorporate limits on
the charge size of particular refrigerants.
EPA understands that this type of
equipment falls under the scope of UL
60335–2–89, ‘‘Household and Similar
Electrical Appliances—Safety—Part 2–
89: Requirements for Commercial
Refrigerating Appliances and Ice-Makers
with an Incorporated or Remote
Refrigerant Unit or Motor-Compressor.’’
EPA is proposing to list HFO–1234yf,
HFO–1234ze(E), R–454A, R–454C, R–
455A, R–457A, and R–516A as
acceptable, subject to use conditions, in
new cold storage warehouses.
2. What are the ASHRAE classifications
for refrigerant flammability?
ASHRAE 34–2022 categorizes the
refrigerants proposed for cold storage
warehouses in this section as being in
the A2L Safety Group. See section II.A.2
for further discussion on ASHRAE
classifications of these refrigerants.
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3. What are HFO–1234yf, HFO–
1234ze(E), R–454A, R–454C, R–455A,
R–457A, and R–516A and how do they
compare to other refrigerants in the
same end-use?
See section II.A.3 for further
discussion on the environmental,
flammability, toxicity, and exposure
information for HFO–1234yf, HFO–
1234ze(E), R–454A, R–454C, R–455A,
R–457A, and R–516A.58
Redacted submissions and supporting
documentation for HFO–1234yf, HFO–
1234ze(E), and the refrigerant blends are
provided in the docket for this proposed
rule (EPA–HQ–OAR–2023–0043) at
https://www.regulations.gov. EPA
performed risk screening assessments to
examine the health and environmental
risks of each of these substitutes. These
risk screens are available in the docket
for this proposed rule.59 60 61 62 63 64 65
Comparison to other substitutes in
this end-use: HFO–1234yf, HFO–
1234ze(E), and R–454A, R–454C, R–
455A, R–457A, and R–516A all have an
ODP of zero, comparable to or lower
than some of the acceptable substitutes
in this end-use, such as ammonia with
an ODP of zero and HCFO–1233zd(E)
with an ODP less than 0.0004.
HFO–1234yf and HFO–1234ze(E)
have GWPs less than four and less than
six, respectively, comparable to that of
(HCFO)–1233zd(E), CO2, and ammonia
with GWPs of 3.7, one, and zero
respectively. R–454A, R–454C, R–455A,
R–457A, and R–516A have GWPs
ranging from 140 to 270, higher than
some of the acceptable substitutes for
new cold storage warehouses, including
HCFO–1233zd(E), CO2, and ammonia
with GWPs of 3.7, one, and zero,
respectively, and lower than those of
other acceptable substitutes such as R–
450A, R–513A, and R–407F with GWPs
of about 600, 630, and 1,820,
respectively.
Information regarding the toxicity of
other available alternatives is provided
in the listing decisions previously made
(see https://www.epa.gov/snap/
58 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 R–454A, R–454C,
and R–457A as acceptable subject to use conditions
as substitutes in residential and light commercial
AC and HPs (86 FR 24444, May 6, 2021).
59 ICF, 2023s. Op. cit.
60 ICF, 2023t. Op. cit.
61 ICF, 2023u. Op. cit.
62 ICF, 2023w. Op. cit.
63 ICF, 2023x. Op. cit.
64 ICF, 2023y. Op. cit.
65 ICF, 2023z. Op. cit.
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substitutes-cold-storage-warehouses).
Toxicity risks of use, determined by the
likelihood of exceeding the exposure
limit of HFO–1234yf, HFO–1234ze(E),
and the refrigerant blends in these enduses, are evaluated in the risk screens
referenced above. The toxicity risks of
using HFO–1234yf, HFO–1234ze(E), and
the refrigerant blends in commercial
refrigeration are comparable to or lower
than toxicity risks of other available
substitutes in the same end-use.
Toxicity risks of the proposed
refrigerants can be minimized by use
consistent with ASHRAE 15–2022 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, HFO–1234ze(E), R–454A, R–
454C, R–455A, R–457A, and R–516A in
this end-use, 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 flammability risk than other
available, non-flammable substitutes in
the same end-use, this risk can be
minimized by use consistent with
ASHRAE 15–2022 and other industry
standards such as UL 60335–2–89—
which is required by our proposed use
conditions—as well as
recommendations in the manufacturers’
SDS and other safety precautions
common in the refrigeration and AC
industry. EPA is proposing 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.
The proposed refrigerants provide
additional lower-GWP options for
situations where other refrigerants with
lower GWPs are not viable, such as for
use of ammonia in systems with remote
compressors or in locations where local
regulations restrict its use, or where a
lower pressure refrigerant like HCFO–
1233zd(E) is not technically viable. Not
all refrigerants listed as acceptable
under SNAP will be suitable for the
range of equipment in the cold storage
warehouse end-use. To provide
additional options to ensure the
availability of substitutes for the full
range of cold storage warehouses with
lower GWP and, therefore, lower overall
risk to human health and the
environment, EPA is proposing the
listings for HFO–1234yf, HFO–
1234ze(E), R–454C, R–455A, R–457A,
and R–516A as acceptable, subject to
use conditions, for use in all types of
cold storage warehouses. In addition, to
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account for the additional challenges for
finding lower GWP refrigerants for cold
storage warehouses with moderate
charge sizes and for cascade systems,
EPA is proposing to list R–454A as
acceptable, subject to use conditions, for
use in cold storage warehouses with a
charge size capacity less than 200
pounds or for use in the hightemperature side of a cascade system.
4. Why is EPA proposing these specific
use conditions?
The proposed use conditions
identified in the proposed listings above
are explained in section II.H.1.
This proposal applies to end-uses
covered by UL 60335–2–89, including
the SNAP cold storage warehouses enduse. In addition, ASHRAE 15–2022
applies to these refrigeration systems.
The standard UL 60335–2–89
discussed in section II.H indicates that
refrigerant charges greater than a
specific amount (called ‘‘m3’’ in the
standard and based on the refrigerant’s
LFL) are beyond its scope and that
national standards might apply, such as
ASHRAE 15–2022. Hence, EPA is
proposing to require adherence to both
standards as use conditions for cold
storage warehouses, broadening the
coverage under this proposed rule.
EPA is proposing to incorporate by
reference ASHRAE 15–2022, including
all addenda published by the date of
this proposal, in use conditions that
apply to use of the proposed A2L
refrigerants in new cold storage
warehouses. Where the requirements
specified in this proposed rule (if
finalized) and ASHRAE 15–2022 differ,
the requirements of this rule would
apply.
EPA recognizes that ASHRAE 15–
2022 is undergoing continuous
maintenance with publication of
periodic addenda and is typically
updated and republished every three
years. While this proposed rule
incorporates all addenda to ASHRAE
15–2022 published by the date of this
proposal, there may be additional
changes by the time EPA issues a final
rule based upon this proposal. However,
given EPA would not have reviewed
and proposed use conditions based on
those changes, EPA is not proposing to
include addenda or other changes made
to ASHRAE 15–2022 after the date of
the proposed rule.
EPA is proposing to list R–454A as
acceptable, subject to use conditions, in
cold storage warehouses with a use
condition that this substitute may only
be used either in equipment with a
refrigerant charge capacity less than 200
pounds or in the high-temperature side
of a cascade system. The Agency is
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proposing this use condition to allow
use of R–454A less broadly than for the
other refrigerants proposed for use in
cold storage warehouses because its
GWP is higher than those of the other
proposed listings for this end-use (about
240, compared to less than four to 150).
EPA’s understanding is that there are
two particular situations where use of
refrigerants could be more constrained,
and thus, additional refrigerant options
may be helpful. The first of those
situations is in what the industry
standard ASHRAE 15–2022 identifies as
a refrigerating system having a ‘‘high
probability’’ that leaked refrigerant from
a failed connection, seal, or component
could enter an occupied area. An
example of such a constraint is that
ASHRAE 15–2022 and UL 60335–2–89
effectively set charge limits for A2L
refrigerants to less than 200 pounds for
applications inside occupied areas. In
contrast, larger charge sizes could be
used in ‘‘low-probability’’ locations
where people are unlikely to come in
contact with the refrigerant, such as
systems used outdoors or in a
machinery room with access restricted
to employees. Where people are
unlikely to come into contact with any
leaked refrigerant, such as where charge
sizes of 200 pounds or more of A2L
refrigerant would be allowed under the
use conditions incorporating UL 60335–
2–89 and ASHRAE 15–2022, there
would be fewer space constraints and
greater flexibility in equipment design,
so refrigeration system designers can
accommodate a narrower set of
substitutes. Conversely, where people
are more likely to come into contact
with any leaked refrigerant in an
interior space, refrigerant charge
capacities of a system would be less
than 200 pounds; there would be more
space constraints, less flexibility in
equipment design, and potentially
stricter code requirements, leading to a
need for more refrigerant options.
Allowing the additional option of R–
454A for cold storage warehouses with
smaller refrigerant charges would enable
the use of a wider set of available
substitutes to manage safety (in
particular, flammability and toxicity), as
well as allowing more options to
achieve adequate performance where
there may be more constraints.
Therefore, EPA is proposing to list R–
454A as acceptable, subject to use
conditions, only for cold storage
warehouses with a refrigerant charge
capacity less than 200 pounds.
EPA is also proposing to list R–454A
as acceptable, subject to use conditions,
for use in the high temperature side of
cascade systems used for cold storage
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ddrumheller on DSK120RN23PROD with PROPOSALS3
warehouses. As discussed above in
section II.A.1, ‘‘Background on retail
food refrigeration,’’ each system of a
cascade system uses a different
refrigerant that is most suitable for the
given temperature range. Higher
temperature systems, or the ‘‘high
temperature side,’’ have typically used
HFCs as a refrigerant; however, it is
technologically achievable and has
become more common to use ammonia
in the high temperature side. For lower
temperature systems, or the ‘‘low
temperature side’’ of the cascade
system, low boiling refrigerants such as
R–744 can be used. Considerations for
the choice of refrigerant on the high or
low temperature side of cascade systems
are influenced by many factors
including, but not limited to, a
refrigerant’s toxicity and flammability,
its temperature glide, and its suitability
to lower temperature applications. EPA
understands that use of flammable or
toxic refrigerants, such as ammonia, on
the high temperature side of a cascade
may be limited in certain circumstances
(e.g., based on building codes and/or
standards). EPA notes that there are a
number of substitutes available for the
low temperature side of the cascade
system with GWPs lower than that of R–
454A. Therefore, instead of proposing to
list R–454A as acceptable, subject to
narrowed use limits and subject to use
conditions, EPA is proposing to list R–
454A as acceptable, subject to use
conditions, when it is used in the high
temperature side of cascade systems;
this would expand the refrigerant
options that can comply with local
building codes and industry safety
standards while meeting the more
challenging application of the high
temperature side of a cascade system.
5. What additional information is EPA
including in these proposed listings?
EPA is providing additional
information related to these proposed
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.H.2 for further discussion on what
additional information EPA is including
in these proposed 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.
6. On which topics is EPA specifically
requesting comment?
EPA is requesting comment on all
aspects of the proposed decision to list
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HFO–1234yf, HFO–1234ze(E), R–454A,
R–454C, R–455A, R–457A, and R–516A
acceptable, subject to use conditions, in
new cold storage warehouses as
discussed in this section II.F. EPA seeks
comment on the risk mitigation offered
by the proposed use conditions,
including requiring compliance with the
2nd edition of UL 60335–2–89 under
the SNAP program, except to the extent
the proposed rule conflicts with the UL
Standard, in which case we propose that
the use conditions specified in the rule
would apply. The Agency takes
comment on our proposal to limit R–
454A to use either in equipment with a
refrigerant charge capacity less than 200
pounds or in the high temperature side
of a cascade system. We also request
comment on whether EPA should
consider other use conditions to further
mitigate potential risk from refrigerants.
EPA requests comment on whether cold
storage warehouses have been designed
for or manufactured with the
refrigerants proposed and any
information on the safety of such
equipment in other countries, and if and
how such experience would translate to
safe use in the United States.
G. Ice Skating Rinks—Proposed Listing
of HFO–1234yf, HFO–1234ze(E), R–
454C, R–455A, R–457A, and R–516A as
Acceptable, Subject to Use Conditions,
for Use in New Ice Skating Rinks With
a Remote Compressor
EPA is proposing to list HFO–1234yf,
HFO–1234ze(E), and the refrigerant
blends R–454C, R–455A, R–457A, and
R–516A as acceptable, subject to use
conditions, for use in new ice skating
rinks.
Several use conditions proposed for
ice skating rinks with a remote
compressor are common to those
proposed for other end-uses. Because of
this similarity, EPA discusses the use
conditions that would apply to all five
end-uses in section II.H. For ice skating
rinks with remote compressors, those
are the only use conditions EPA is
proposing. In summary, the common
use conditions proposed include the
following: restricting the use of each
refrigerant to new equipment that is
specifically designed for that refrigerant;
use consistent with the 2nd edition of
UL 60335–2–89, 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, technicians, and first
responders of potential flammability
hazards.
The regulatory text of the proposed
decisions appears in tables at the end of
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this document. If finalized as proposed,
this text would be codified in appendix
Y to 40 CFR part 82, subpart G. EPA
notes that there may be other legal
obligations pertaining to the
manufacture, use, handling, and
disposal of the proposed refrigerants
that are not included in the information
listed in the tables (e.g., the CAA section
608(c)(2) venting prohibition, or DOT
requirements for transport of flammable
gases). Flammable refrigerants being
recovered or otherwise disposed of from
ice skating rinks are likely to be
hazardous waste under RCRA (see 40
CFR parts 260 through 270).
1. Background on Ice Skating Rinks
Ice skating rinks, an end-use within
the SNAP program, are used by the
general public for recreational purposes
and also include professional rinks.
These systems frequently use secondary
loop refrigeration systems, where a
primary loop containing a refrigerant
uses a remote compressor that is in a
location away from the public, such as
a machinery room, and a secondary
loop, containing propylene glycol,
water, or another innocuous fluid, is
used to directly cool the ice. Other types
of refrigeration systems for ice skating
rinks use a direct heat exchange system,
where the refrigerant moves directly
under the rink. The proposed listings
would apply only to ice skating rinks
that have a remote compressor.
Refrigerant choice depends on the
refrigerant charge; ambient temperatures
and the temperature required; system
performance; energy efficiency; and
health, safety, and environmental
considerations, among other things. In
addition to regulations pursuant to the
SNAP program, other federal or local
regulations may also affect refrigerant
choice. For instance, regulations from
OSHA may restrict or place
requirements on the use of some
refrigerants, such as ammonia (R–717).
Building codes from local and state
agencies may also incorporate limits on
the amount of particular refrigerants
used. Acceptable substitutes in use
today for new ice skating rinks include
ammonia, CO2, HCFO–1233zd(E) as
well as HFCs and HFC/HFO blends.
These can be used alone or in
combination with other refrigerants in
other parts of the equipment, depending
on the equipment and its design (e.g., a
secondary loop contains one refrigerant
while the primary loop contains a
different refrigerant). This type of
equipment falls under the scope of UL
60335–2–89, ‘‘Requirements for
Commercial Refrigerating Appliances
and Ice-Makers with an Incorporated or
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Remote Refrigerant Unit or MotorCompressor.’’
2. What are the ASHRAE classifications
for refrigerant flammability?
ASHRAE Standard 34–2022
categorizes the refrigerants proposed for
ice skating rinks in this section as being
in the A2L Safety Group. See section
II.A.2 for further discussion on ASHRAE
classifications of these refrigerants.
ddrumheller on DSK120RN23PROD with PROPOSALS3
3. What are HFO–1234yf, HFO–
1234ze(E), R–454C, R–455A, R–457A,
and R–516A and how do they compare
to other refrigerants in the same enduse?
See section II.A.3 for further
discussion on the environmental,
flammability, toxicity, and exposure
information for these refrigerants.66
Redacted submissions and supporting
documentation for HFO–1234yf, HFO–
1234ze(E) and the blends R–454C, R–
455A, R–457A and R–516A are
provided in the docket for this proposed
rule (EPA–HQ–OAR–2023–0043) at
https://www.regulations.gov. EPA
performed a risk screening assessment
to examine the health and
environmental risks of each of these
substitutes. These risk screens are
available in the docket for this proposed
rule.67 68 69 70 71 72
Comparison to other substitutes in
this end-use: HFO–1234yf, HFO–
1234ze(E) and R–454C, R–455A, R–
457A, and R–516A all have an ODP of
zero, comparable to or lower than some
of the acceptable substitutes in this enduse, such as ammonia with an ODP of
zero and HCFO–1233zd(E) with an ODP
of less than 0.0004.
HFO–1234yf and HFO–1234ze(E)
have GWPs of less than four and less
than six, respectively, comparable to or
lower than that of other acceptable
substitutes for new ice skating rinks,
such as ammonia, CO2, and HCFO–
1233zd(E) with GWPs of zero, one, and
3.7, respectively.
R–454C, R–455A, R–457A, and R–
516A have GWPs, ranging from about
140 to 150, which are higher than that
66 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 R–454C, and R–
457A as acceptable, subject to use conditions, as
substitutes in residential and light commercial AC
and HPs (86 FR 24444, May 6, 2021).
67 ICF, 2023s. Op. cit.
68 ICF, 2023t. Op. cit.
69 ICF, 2023w. Op. cit.
70 ICF, 2023x. Op. cit.
71 ICF, 2023y. Op. cit.
72 ICF, 2023z. Op. cit.
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of other acceptable substitutes for ice
skating rinks, including ammonia, CO2,
and HCFO–1233zd(E) with GWPs of
zero, one, and 3.7, respectively. The
GWPs of HFO–1234yf, HFO–1234ze(E),
R–454C, R–455A, R–457A, and R–516A
are lower than some of the acceptable
substitutes for new ice skating rinks,
such as R–450A, R–449A, and R–507A
with GWPs of approximately 600, 1,400,
and 3,990, respectively.
Information regarding the toxicity of
other available alternatives is provided
in the listing decisions previously made
(see https://www.epa.gov/snap/
substitutes-ice-skating-rinks). Toxicity
risks of use, determined by the
likelihood of exceeding the exposure
limit of HFO–1234yf, HFO–1234ze(E),
R–454C, R–455A, R–457A, and R–516A
in these end-uses, are evaluated in the
risk screens referenced above. The
toxicity risks of using HFO–1234yf,
HFO–1234ze(E), and R–454C, R–455A,
R–457A and R–516A in ice skating rinks
with remote compressors are
comparable to or lower than toxicity
risks of other available substitutes in the
same end-use. Toxicity risks of the
proposed refrigerants can be minimized
by use consistent with ASHRAE 15–
2022—which would be required by our
proposed use conditions—and other
industry standards, recommendations in
the manufacturers’ SDS, and other
safety precautions common in the
refrigeration and AC industry.
The potential flammability risks of
HFO–1234yf, HFO–1234ze(E) R–454C,
R–455A, R–457A, and R–516A in this
end-use, 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 flammability risk than other
available substitutes in the same enduse, this risk can be minimized by use
consistent with ASHRAE 15–2022 and
other industry standards such as UL
60335–2–89—which is required by our
proposed use conditions—as well as
recommendations in the manufacturers’
SDS and other safety precautions
common in the refrigeration and AC
industry. EPA is proposing 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. In
addition, EPA is proposing to limit
these listings to equipment with a
remote compressor. Such equipment
reduces the chances of exposure to the
general public compared to refrigerants
that are piped directly under an ice
skating rink. This also can reduce the
amount of refrigerant used, potentially
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reducing climate impacts of any
refrigerant released.
In addition, the proposed substitutes
have lower GWPs than most other
available alternatives for the same enduse. The proposed refrigerants may
provide additional lower-GWP options
for situations where other refrigerants
with lower GWPs are not viable, such as
in locations where local regulations
restrict use of ammonia. Not all
refrigerants listed as acceptable under
SNAP will be suitable for the range of
equipment in the ice skating rinks enduse. To provide additional options to
ensure the availability of substitutes
with lower GWP for more ice skating
rinks and, therefore, lower overall risk
to human health and the environment,
EPA is proposing the listings for HFO–
1234yf, HFO–1234ze(E), R–454C, R–
455A, R–457A, and R–516A as
acceptable, subject to use conditions, for
use in new ice skating rinks.
4. Why is EPA proposing these specific
use conditions?
The use conditions identified in the
proposed listings above are explained in
section II.H.1.
This proposal applies to end-uses
covered by UL 60335–2–89, including
the SNAP ice skating rinks end-use. In
addition, ASHRAE 15–2022 applies to
these refrigeration systems.
The standard UL 60335–2–89
discussed in section II.H indicates that
refrigerant charges greater than a
specific amount (called ‘‘m3’’ in the
standard and based on the refrigerant’s
LFL) are beyond its scope and that
national standards might apply, such as
ASHRAE 15–2022. Hence, EPA is
proposing to require adherence to both
standards as use conditions for ice
skating rinks, broadening the coverage
under this proposed rule.
EPA is proposing to incorporate by
reference ASHRAE 15–2022, including
all addenda published by the date of
this proposal, in use conditions that
apply to use of the proposed A2L
refrigerants in new ice skating rinks.
Where the requirements specified in
this proposed rule (if finalized) and
ASHRAE 15–2022 differ, the
requirements of this rule would apply.
EPA recognizes that ASHRAE 15–
2022 is undergoing continuous
maintenance with publication of
periodic addenda and is typically
updated and republished every three
years. While this proposed rule
incorporates all addenda to ASHRAE
15–2022 published by the date of this
proposal, there may be additional
changes by the time EPA issues a final
rule based upon this proposal. However,
given EPA would not have reviewed
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and proposed use conditions based on
those changes, EPA is not proposing to
include addenda or other changes made
to ASHRAE 15–2022 after the date of
the proposed rule.
EPA is proposing a use condition that
the six A2L refrigerants may only be
used in new equipment that includes a
remote compressor. This is intended to
ensure that these flammable refrigerants,
which are likely to use large charge
sizes, are only used in situations where
the refrigerant is removed from the
presence of ice skaters and other
members of the general public. This
would reduce the likelihood of exposure
or leaks of the refrigerant near the
general public and instead allow facility
employees and trained technicians to
control access to the refrigerant.
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5. What additional information is EPA
including in these proposed listings?
EPA is providing additional
information related to these proposed
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.H.2 for further discussion on what
additional information EPA is including
in these proposed 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.
6. On which topics is EPA specifically
requesting comment?
EPA is requesting comment on all
aspects of this proposed decision to list
HFO–1234yf, HFO–1234ze(E), R–454C,
R–455A, R–457A, and R–516A as
acceptable, subject to use conditions, in
new ice skating rinks with a remote
compressor as discussed in this section
II.G. We request comment on our initial
evaluation and our proposal to find
HFO–1234yf, HFO–1234ze(E), R–454C,
R–455A, R–457A, and R–516A
acceptable, subject to use conditions, for
use in new ice skating rinks. EPA seeks
comment on the risk mitigation offered
by the proposed use conditions,
including requiring compliance with the
2nd edition of UL 60335–2–89, except
to the extent the proposed rule conflicts
with the UL Standard, in which case we
propose that the use conditions
specified in the rule would apply. We
also request comment on whether EPA
should consider other use conditions to
further mitigate potential risk from
refrigerants. EPA requests comment on
whether equipment for such ice skating
rinks with remote compressors in the
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United States has already been designed
or manufactured for the refrigerants
proposed and any information on the
safety of such equipment in other
countries, and if and how such
experience would translate to safe use
in the United States. The Agency also
requests comment on whether these
listings should be restricted to ice
skating rinks with a remote compressor,
if they should be allowed for any ice
skating rink, or if they should be limited
to a different subset of ice skating rinks
(e.g., for use only in the primary loop of
a secondary loop systems).
H. Use Conditions and Further
Information for Retail Food
Refrigeration, Commercial Ice
Machines, Industrial Process
Refrigeration, Cold Storage Warehouses,
and Ice Skating Rinks With a Remote
Compressor
1. What use conditions is EPA
proposing and why?
As described above, EPA is proposing
to list:
• HFO–1234yf, HFO–1234ze(E), R–
454C, R–455A, R–457A, and R–516A as
acceptable, subject to use conditions, for
use in new equipment in stand-alone
units, remote condensing units,
supermarket systems, and refrigerated
food processing and dispensing
equipment;
• R–454A as acceptable, subject to
use conditions, for use in new
equipment in remote condensing units
and supermarket systems;
• R–290 as acceptable, subject to use
conditions, for use in new refrigerated
food processing and dispensing
equipment;
• HFC–32, HFO–1234yf, R–454A, R–
454B, R–454C, R–455A, R–457A, and R–
516A as acceptable, subject to use
conditions, for use in new commercial
ice machines;
• HFO–1234yf, HFO–1234ze(E), R–
454A, R–454C, R–455A, R–457A, and
R–516A as acceptable, subject to use
conditions, for used in new IPR
equipment and HFC–32 and R–454B, for
use in new chillers for IPR;
• HFO–1234yf, HFO–1234ze(E), R–
454A, R–454C, R–455A, R–457A, and
R–516A as acceptable, subject to use
conditions, for use in new cold storage
warehouses; and
• HFO–1234yf, HFO–1234ze(E), R–
454C, R–455A, R–457A, and R–516A as
acceptable, subject to use conditions, for
use in new ice skating rinks with remote
compressors.
In addition, EPA is proposing to
update the use conditions that apply to
the existing listings of:
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• R–290 as acceptable, subject to use
conditions, for use in new retail food
refrigeration stand-alone units; and
• R–290 as acceptable, subject to use
conditions, for use in new selfcontained commercial ice machines.
These use conditions are summarized
in the listings under preamble units
II.A, II.C, II.E, II.F, and II.G, and the
revisions to the use conditions are
summarized under preamble units II.B
and II.D and are explained here in
greater detail. The proposed use
conditions (either as new listings or
revisions to an existing listing) include
restricting the use of each refrigerant to
new equipment that is specifically
designed for the refrigerant; use
consistent with the 2nd edition of UL
60335–2–89, 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, technicians, and first
responders of potential flammability
hazards. The specific use conditions are
intended to allow for the use of these
flammable 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 proposing 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. EPA is unaware of
information on how to address hazards
if these flammable refrigerants were to
be used in equipment that was designed
for non-flammable refrigerants. Given
the flammable nature of these
refrigerants, the fact that EPA is
unaware of information to assess the
risk if such retrofits were allowed, and
because the refrigerants were not
submitted to the SNAP program for
retrofits, EPA has not reviewed them for
retrofit applications for this proposal
and is only proposing that they may be
used in new equipment which can be
properly designed for their use. This
proposed 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
To ensure safe use of the proposed
flammable refrigerants, EPA is
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proposing to incorporate by reference
certain industry consensus safety
standards in a use condition.
Specifically, the Agency is proposing
that the flammable refrigerants may be
used only in equipment that meets all
requirements in the 2nd edition of UL
60335–2–89.
Currently, new stand-alone units
using R–290 are subject to a use
condition to meet the requirements of
Appendix SB of the 10th edition of the
standard UL 471. If this rule becomes
final as proposed, stand-alone units
using R–290 manufactured before the
effective date could continue to be used
under SNAP and would remain in
compliance with the SNAP use
conditions as long as they met the
applicable use conditions when they
were manufactured. EPA is proposing
that new stand-alone units using R–290
manufactured from the effective date of
the final rule through September 29,
2024, must meet the requirements of
either Appendix SB of the 10th edition
of UL 471 or the 2nd edition of UL
60335–2–89. The Agency is also
proposing that new stand-alone units
using R–290 that are manufactured on
or after September 30, 2024, must meet
the requirements of the 2nd edition of
UL 60335–2–89, rather than the earlier
UL standards.
Currently, new self-contained
commercial ice machines using R–290
must meet the requirements of
Appendix SA of the 8th edition of UL
563. If this rule becomes final as
proposed, commercial ice machines
using R–290 manufactured before the
effective date of a final rule could
continue to be used under SNAP and
would remain in compliance with the
SNAP use conditions as long as they
met the applicable use conditions when
they were manufactured. EPA is
proposing that new self-contained
commercial ice machines using R–290
that are manufactured from the effective
date of the final rule through September
29, 2024, must meet the requirements of
either Appendix SA of the 8th edition
of UL 563 or the 2nd edition of UL
60335–2–89. The Agency is also
proposing that new self-contained
commercial ice machines using R–290
that are manufactured on or after
September 30, 2024, must meet the
requirements of the 2nd edition of UL
60335–2–89, rather than the earlier UL
standards.
UL 60335–2–89 includes
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
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being scratched. UL 60335–2–89 was
developed in an open and consensusbased approach, with the assistance of
experts in the AC and refrigeration
industry as well as experts involved in
assessing the safety of products. Those
participating in the UL 60335–2–89
consensus standards process have tested
equipment for flammability risk and
evaluated the relevant scientific studies.
While similar standards exist from other
bodies such as the International
Electrotechnical Commission (IEC), we
are proposing 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 listing determinations for
flammable refrigerants (e.g., 76 FR
78832, December 20, 2011; 80 FR 19454,
April 10, 2015; 86 FR 24444, May 6,
2021; and 87 FR 45508, July 28, 2022).
A summary of the requirements of UL
60335–2–89 as they affect the proposed
refrigerants and end-uses is offered here
for information only and does not
provide a complete review of the
requirements in this standard.
The requirements in UL 60335–2–89
reduce the risk to workers and
consumers posed by flammable
refrigerants. UL 60335–2–89 limits the
amount of refrigerant allowed in each
type of appliance based on several
factors explained in that standard. The
standard specifies requirements for
installation space of an appliance (e.g.,
room floor area) and/or ventilation or
other requirements that are determined
according to the refrigerant charge used
in the appliance, the installation
location, and the type of ventilation of
the location or of the appliance. Annex
DVU provides guidance on how to
apply the requirements to allow for safe
use of A2L refrigerants. The 2nd edition
of UL 60335–2–89 contains provisions
for safety mitigation when using larger
charges of A2L refrigerants or when
using A2L refrigerants in equipment
with a remote compressor. 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
measures are required. In certain
applications, refrigerant detection
systems (as described in Annex
101.DVP, Refrigerant detection systems
for A2L refrigerants); mitigation means
(as described in Annex 101.DVU,
including air circulation, ventilation,
shut off valves, etc.); and refrigerant
sensors (as described in 101.DVP,
Refrigerant sensor for REFRIGERANT
DETECTION SYSTEMS) are required.
Where air circulation (i.e., fans) is
required in accordance with Annex
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33749
101.DVU, 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
101.DVU1.7 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 101.DVU, UL
60335–2–89 has a requirement for the
maximum charge for an appliance using
a flammable refrigerant, including A2L,
A2, and A3 refrigerants. Additional
requirements exist for charge sizes
exceeding three times the LFL.
Systems with refrigerant charges
exceeding certain amounts are outside
the scope of UL 60335–2–89; however,
national standards apply instead,
namely, ASHRAE 15–2022. Specifically,
if the refrigeration circuit with the
greatest mass of an A2L 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 UL 60335–2–89. In such
situations, the refrigerant would need to
be used in outdoor equipment or in a
machinery room and the installation
would need to meet the requirements of
ASHRAE 15–2022. For self-contained
equipment using an A3 refrigerant, the
maximum charge size is 13 times the
LFL (500 g of R–290) for equipment that
is open and contains no doors or
drawers and eight times the LFL (300 g
of R–290) for equipment with doors or
drawers. EPA expects that many types
of retail refrigeration equipment could
exceed these charge thresholds and
therefore is proposing that an additional
safety standard, ASHRAE 15–2022,
apply to commercial refrigeration
equipment using A2L refrigerants, as
discussed in section II.A. Certain key
provisions of ASHRAE 15–2022 are
described above in section II.A; that
standard supplements, rather than
replaces, UL 60335–2–89, by providing
instructions for installation of
equipment and requirements for
situations beyond the scope of UL
60335–2–89, e.g., for use in refrigeration
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systems with large charge sizes in a
machinery room or outdoors.
Warning Labels—Equipment With A2L
Refrigerants
As a use condition or revision to
existing use conditions, EPA is
proposing to require labeling of
refrigerating systems used in retail food
refrigeration equipment, commercial ice
machines, IPR equipment, cold storage
warehouses, and ice skating rinks
(‘‘equipment’’) containing the proposed
lower flammability (A2L) refrigerants.
The text of these labels can also be
found in Annex 101.DVV of UL 60335–
2–89. EPA is proposing 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:
1. On the outside of the unit:
‘‘WARNING—Risk Of Fire. Flammable
Refrigerant Used. To Be Repaired Only
By Trained Service Personnel. Do Not
Puncture Refrigerant Tubing’’
2. On the outside of the equipment:
‘‘WARNING—Risk of Fire. Dispose of
Properly In Accordance With Federal Or
Local Regulations. Flammable
Refrigerant Used’’
3. 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’’
4. 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 stand-alone
units, self-contained commercial ice
machines, and self-contained
refrigerated food processing and
dispensing equipment would be
packaged, and hence this label would be
placed as stipulated in item 1 above.
EPA expects that other types of
commercial refrigeration equipment
could be provided packaged or not, and
this label would be placed as stipulated
in item 1 or 2, respectively.
5. On indoor unit 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 2nd
edition of UL 60335–2–89. The terms
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‘‘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 5.1. above or at
the top of the marking if 5.1. is not
required: ‘‘Minimum room area
(operating or storage), Y m2 (Z ft2)’’. The
terms ‘‘Y’’ and ‘‘Z’’ shall be replaced by
the numeric floor 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.
6. For non-fixed equipment, including
on the outside of the appliance:
‘‘WARNING—Risk of Fire or
Explosion—Store in a well-ventilated
room without continuously operating
flames or other potential ignition.’’
7. 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.’’
Labeling requirements 1., 2., and 3.
above apply to all refrigeration
equipment; labeling requirement 4.
applies only to self-contained
equipment that is pre-charged by the
manufacturer (e.g., stand-alone units or
self-contained commercial ice
machines); labeling requirement 5.
applies only to equipment with a remote
compressor, also called a ‘‘split’’ or
‘‘remote’’ system (e.g., remote
condensing unit, supermarket system, or
refrigerating system for an ice skating
rink with a remote compressor). A piece
of refrigeration equipment that may be
moved from one location to another and
is typically self-contained is referred to
as ‘‘non-fixed’’ in labeling requirement
6. (e.g., stand-alone units).
EPA notes that Annex 101.DVV of UL
60335–2–89 specifies that the labels
must include text with a font size that
is no less than 3.2 mm (1⁄8 inch) high for
A2L refrigerants, while the Agency is
proposing a larger, more visible font size
of 6.4 mm (1⁄4 inch). The Agency is
concerned that it is difficult to see
warning labels with the minimum
lettering height requirement of 1⁄8 inch
in UL 60335–2–89. Therefore, as in the
requirements in our previous rules for
use of A2L refrigerants in residential
and light commercial air conditioning
and heat pumps (80 FR 19453, April 10,
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2015; 86 FR 24444, May 6, 2021), as
well as our previous rules for HC
refrigerants (76 FR 78832, December 20,
2011; 80 FR 19453, April 10, 2015; 81
FR 86778, December 1, 2016), EPA is
proposing to require the minimum
height for lettering must be 1⁄4 inch as
opposed to 1⁄8 inch. This would make it
easier for technicians, consumers, retail
storeowners, and first responders to
view the warning labels.
Warning Labels—Equipment With A3
Refrigerants, Including R–290
As a proposed use condition for
refrigerated food processing and
dispensing equipment and a proposed
revision to existing use conditions for
stand-alone units and commercial ice
machines, EPA is proposing to require
labeling of such equipment containing
R–290. The text of these labels can also
be found in Annex 101.DVV of UL
60335–2–89. EPA is proposing 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:
1. On the outside of the unit:
‘‘DANGER’’—Risk Of Fire Or Explosion.
Flammable Refrigerant Used. To Be
Repaired Only By Trained Service
Personnel. Do Not Puncture Refrigerant
Tubing’’.
2. On the outside of the equipment:
‘‘WARNING—Risk of Fire or Explosion.
Dispose of Properly In Accordance With
Federal Or Local Regulations.
Flammable Refrigerant Used’’.
3. On the inside of the equipment
near the compressor: ‘‘DANGER—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’’.
4. For any equipment pre-charged at
the factory, on the equipment packaging
or on the outside of the equipment:
‘‘DANGER—Risk of Fire or Explosion
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 stand-alone units
and self-contained commercial ice
machines and self-contained
refrigerated food processing and
dispensing equipment would be
packaged, and hence this label would be
placed as stipulated in item 1 above.
EPA expects that other types of
commercial refrigeration equipment
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could be provided packaged or not, and
this label would be placed as stipulated
in item 1 or 2, respectively.
5. On indoor unit 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 2nd
edition of UL 60335–2–89. 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 5.1. above or at
the top of the marking if 5.1. 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 InchPound units is placed in parentheses
and the word ‘‘and’’ has been replaced
by the opening parenthesis.
6. For non-fixed equipment, including
on the outside of the appliance:
‘‘WARNING—Risk of Fire or
Explosion—Store in a well-ventilated
room without continuously operating
flames or other potential ignition.’’
7. For fixed equipment that is ducted,
near the nameplate: ‘‘WARNING—Risk
of Fire or Explosion—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.’’
The text of the warning labels, above,
is exactly the same as that required in
UL 60335–2–89, with the exception of
the label identified in 5., which is
similar to that in UL 60335–2–89. The
text for A3 refrigerants differs slightly
from that for A2L refrigerants,
sometimes using the word ‘‘DANGER’’
instead of ‘‘WARNING,’’ and sometimes
referring to ‘‘Risk of Fire or Explosion’’
instead of ‘‘Risk of Fire.’’ For R–290 and
other A3 refrigerants, UL 60335–2–89
requires the labels to be no less than 6.4
mm (1⁄4 inch) high in the standard, the
same as EPA is proposing in this action.
As in the requirements in our previous
rules for A3 refrigerants (i.e., 76 FR
78832, December 20, 2011; 80 FR 19454,
April 10, 2015; and 81 FR 86778,
December 1, 2016), EPA is proposing
that the minimum height for lettering be
1⁄4 inch, which would make it easier for
technicians, consumers, retail
storeowners, first responders, and those
disposing the appliance to view the
warning labels.
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Markings
EPA is proposing to require as a use
condition that the refrigerants must be
used in refrigerating equipment that has
red, Pantone® Matching System (PMS)
#185 or RAL 3020 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. EPA has applied this same use
condition in past actions for flammable
refrigerants (76 FR 78832, December 20,
2011; 80 FR 19454, April 10, 2015; 81
FR 86778, December 1, 2016; 86 FR
24444, May 6, 2021; and 87 FR 45508,
July 28, 2022). Our understanding of UL
60335–2–89 is that red markings similar
to those proposed are required by UL
60335–2–89 for all flammable
refrigerants. EPA is proposing that such
markings apply to the proposed listings
for flammable refrigerants as well to
establish a common, familiar, and
standard means of identifying the use of
a flammable refrigerant.
These red markings would help
technicians immediately identify the
use of a flammable refrigerant, thereby
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 in SNAP
listings, color-coded hoses or pipes
must be used for ethane, HFC–32, R–
452B, R–454A, R–454B, R–454C, R–
457A, R–600a, R–290, 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. The
intent of this aspect of the proposal is
to alert 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
SNAP Rule 19, one mechanism to
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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 redcolored tape could be used. The colored
plastic sleeve, cap, or tape would have
to be forcibly removed 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 proposing 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 believes having
two such warning methods is 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; 80 FR
19454, April 10, 2015; 86 FR 24444,
May 6, 2021; and 87 FR 45508, July 28,
2022).
EPA also is proposing to add a new
marking to be placed near the service
port or other location where charging
occurs; on the label on the outside of the
unit; and either on the appliance
packaging, if the refrigeration
equipment is charged at the factory or
on the nameplate or control panel for
refrigeration equipment that is charged
in place. These locations correspond
with the locations for red markings and
for the labels 1. and 4. mentioned above
on the outside of the refrigerating unit,
and either on the packaging, or on the
nameplate or control panel. UL 60335–
2–89 describes markings in section 7,
including a triangular symbol with a
white picture of a flame on a red
background, similar in size and shape to
that of the International Organisation for
Standardisation (ISO) symbol 7000–
W021, but with different coloration
(Clause 7.6DV D1). EPA is proposing a
new diamond symbol for ‘‘Caution, risk
of fire’’ that would be used in addition
to the red triangle in Clause 7.6DV D1
of UL 60335–2–89. The diamond
symbol hazard category 1 flammable
gases would need to be at least 15 mm
(9/16 inches) high.
EPA understands that in consultation
with different fire service groups, such
as the International Association of Fire
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Fighters, UL and its standard-setting
committees have been considering
appropriate symbols to alert first
responders to the presence and potential
hazards of flammable refrigerant. One
symbol under consideration is an equalsided diamond with a red outline and
a flame symbol on a white background,
together with the refrigerant class from
ASHRAE 34–2022 (e.g., A2L or A3) to
be written in text not less than one-third
of the height of the symbol. This symbol
is included as the warning symbol for
hazard category 1 flammable gases in
the 9th edition of the GHS for
communicating risks of chemicals.73
This symbol for hazard category 1
flammable gases is included in the 4th
edition of UL 60335–2–40 (December
2022), UL’s most recent safety standard
for air conditioning equipment, heat
pumps, and humidifiers, and is being
considered for adoption in the future
3rd edition of UL 60335–2–89. It is
found in section 1.2 of Annex 1 of the
9th edition of the GHS. You may see the
proposed symbol for hazard category 1
flammable gases in the docket for this
rulemaking under the title, ‘‘Proposed
Flammability Hazard Symbol.’’
EPA is proposing to add this symbol
to ensure the adoption of a symbol for
‘‘Caution, risk of fire’’ that is likely to be
recognized by first responders in the
United States as well as internationally.
The symbol ISO 7000–W021, used in
other UL standards for refrigerating
equipment, is a black flame symbol on
a yellow triangle. U.S. organizations
representing fire fighters have raised
concerns about that symbol, since it
could refer to a highly reactive oxidizer,
rather than a flammable substance. This
is relevant because first responders
would take different actions for an
oxidizer from those for a flammable
substance. EPA is proposing to include
the GHS diamond symbol for hazard
category 1 flammable gases prior to UL’s
adoption of it in UL 60335–2–89 to
provide an additional warning about
flammability hazard that is more likely
to be recognizable by first responders
and internationally than the current
symbol in UL 60335–2–89.
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2. What additional information is EPA
including in these proposed listings?
For retail food refrigeration,
commercial ice machines, IPR, cold
73 GHS, 2021. GHS Pictogram for Hazard Category
1 Flammable Gases from Annex 1 to the 9th edition
of the Global Harmonized System of Classification
and Labelling of Chemicals, 2021. You may find the
GHS document online at https://unece.org/sites/
default/files/2021-9/GHS_Rev9E_0.pdf or from the
United Nations Publications section at: https://
shop.un.org/books/global-harmon-syst-class-992280.
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storage warehouses, and ice skating
rinks with remote compressors, EPA is
proposing to include recommendations,
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 proposing to include 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.
3. On which topics is EPA specifically
requesting comment?
EPA is requesting comment on all
aspects of the proposed use conditions
described above and the
appropriateness for applying these use
conditions to the listings for A2L
refrigerants used in retail food
refrigeration, commercial ice machines,
IPR and chillers for IPR, cold storage
warehouses, and ice skating rinks with
remote compressors in sections II.A,
II.C, II.E, II.F, and II.G, respectively.
EPA is requesting comment on all
aspects of the proposed use conditions
described above and the
appropriateness for applying these use
conditions to the listing for R–290 used
in refrigerated food processing and the
proposed revisions to the use conditions
in existing listings for R–290 in standalone units and self-contained
commercial ice machines in sections
II.B and II.D.
EPA is requesting comment on the
applicability of UL 60335–2–89 to
commercial refrigeration equipment,
including for which types of equipment
and under which applications the
standard applies. We likewise are
requesting comment on the applicability
of UL 60335–2–89 to commercial ice
machines, IPR equipment, cold storage
warehouses, and ice skating rinks with
remote compressors.
Also, with regard to UL 60335–2–89,
EPA is requesting comment on the
status of the standard, the modifications
that are being or have been incorporated
in it, how those modifications would
change the risk associated with the use
of the proposed flammable refrigerants
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in these end-uses, and the
appropriateness of adopting as a use
condition the current (2nd) edition of
this standard.
EPA is also requesting comment on
requiring labeling, the height of the
lettering, the proposed diamond symbol
for hazard category 1 flammable gases,
and the likelihood of labels remaining
on a product throughout the lifecycle of
the product, including its disposal.
I. Proposed Exemption for R–290 From
the Venting Prohibition Under CAA
Section 608 for Refrigerated Food
Processing and Dispensing Equipment.
1. What is EPA’s proposed
determination regarding whether
venting, releasing, or disposing of R–290
in refrigerated food processing and
dispensing equipment would pose a
threat to the environment?
As described in section I.A above,
under section 608(c)(2) of the CAA, 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. Under section
608(c)(2), this prohibition applies to any
substitute refrigerant unless the
Administrator determines that such
venting, releasing, or disposing does not
pose a threat to the environment. As
discussed in section II.B above, EPA is
proposing to list the refrigerant
substitute R–290 under the SNAP
program as acceptable, subject to use
conditions, in newly manufactured
refrigerated food processing and
dispensing equipment. EPA is also
proposing to exempt R–290 in this enduse from the venting prohibition under
CAA section 608(c)(2), on the basis of
current evidence that the venting,
release, or disposal of this substance in
this end-use and subject to the use
conditions in this proposed action does
not pose a threat to the environment.
For purposes of CAA section
608(c)(2), EPA considers two factors in
determining whether or not venting,
release, or disposal of a refrigerant
substitute during the maintenance,
servicing, repairing, or disposing of
appliances poses a threat to the
environment. See 69 FR 11948, March
12, 2004; 79 FR 29682, May 23, 2014;
80 FR 19453, April 10, 2015; and 81 FR
86778, December 1, 2016. First, EPA
analyzes the threat to the environment
due to inherent characteristics of the
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refrigerant substitute, such as GWP or
photochemical reactivity. Second, EPA
determines whether and to what extent
venting, release, or disposal actually
takes place during the maintenance,
servicing, repairing, or disposing of
appliances, and to what extent such
actions are controlled by other
authorities, regulations, or practices. To
the extent that such releases are
adequately controlled by other
authorities, EPA defers to those
authorities.
Potential Environmental Impacts
EPA has evaluated the potential
environmental impacts of releasing R–
290 into the environment, a substitute
that we are proposing to list under the
SNAP program as acceptable, subject to
use conditions, in refrigerated food
processing and dispensing equipment.
We assessed the potential impact of the
release of R–290 on local air quality and
its ability to decompose in the
atmosphere to form ground-level ozone,
its ODP, its GWP, and its potential
impacts on ecosystems. We found that
the sizes of these impacts were not large
enough to pose a threat to the
environment. R–290’s ODP is zero and
its GWP is approximately three. R–290
is highly volatile and typically
evaporates or partitions to air, rather
than contaminating surface waters.
Thus, R–290’s effects on aquatic life are
expected to be small.
As to potential effects on local air
quality, R–290 meets the definition of
VOC under CAA regulations (see 40
CFR 51.100(s)) and is not excluded from
that definition for the purpose of
developing SIPs to attain and maintain
the NAAQS. R–290’s maximum
incremental reactivity (MIR) of 0.56 g
O3/g R–290 is higher and more reactive
than that of the compound ethane (MIR
of 0.26 g O3/g ethane), which EPA uses
as a threshold to determine whether
substances may have negligible
photochemical reactivity in the lower
atmosphere (troposphere). EPA
performed air quality modeling on a
number of scenarios to determine if
emissions of HC refrigerants could have
a significant impact on local air quality,
particularly in certain cities with
particularly difficult challenges in
achieving attainment of the NAAQS for
ground-level ozone. Based on the
analysis and modeling results described
in section II.B.3, EPA proposes to
conclude that the release of R–290 from
the refrigerated food processing and
dispensing end-use, in addition to the
HCs previously listed as acceptable,
subject to use conditions, for their
specific end-uses, is expected to have
little impact on local air quality. In this
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regard, EPA found particularly
noteworthy that even assuming 100
percent market penetration of R–290
and the other acceptable HCs in the
acceptable end-uses, which is a
conservative assumption, the highest
impact for a single 8-hour average ozone
concentration based on that analysis
would be 0.05 ppb in Los Angeles, 0.008
in Houston, and 0.005 in Atlanta
compared to the NAAQS at 70 ppb.74
In addition, when examining all HC
substitute refrigerants in those uses for
which UL currently has standards in
place, for which the SNAP program has
already listed the uses as acceptable,
subject to use conditions, or for which
the SNAP program is reviewing a
submission, including those in this
proposed action, we found that even if
all the HC refrigerant substitutes in
appliances in end-uses proposed to be
listed acceptable, subject to use
conditions, in this action and listed as
acceptable in previous rules were to be
emitted, there would be a worst-case
impact of less than 0.15 ppb for groundlevel ozone in the Los Angeles area.75
The use conditions established in the
prior SNAP listings limited the total
amount of R–290 in each refrigerant
circuit to 60 g or less (for water coolers)
or 150 g or less (for other end-uses),
depending on the end-use. Because R–
290 is not listed as acceptable for use in
all refrigerant uses, the total amount of
R–290 that could be emitted in the enduses evaluated is estimated at roughly
ten percent of total refrigerant
emissions, or less than 16,000 metric
tons annually.76 In comparison, total
anthropogenic VOC emissions were
estimated at 19.6 million metric tons in
2017.77 Further, there are other
substitute refrigerants that are not VOC
that may also be used in these end-uses,
so our analysis assuming complete
market penetration of HCs is
conservative.
EPA also has performed more recent
air quality analysis, considering
additional end-uses and refrigerants that
have been listed acceptable more
recently (e.g., R–1150 in very low
temperature refrigeration), looking out
to 2040, and using updated models.78
74 ICF, 2016. Additional Follow-on Assessment of
the Potential Impact of Hydrocarbon Refrigerants on
Ground Level Ozone Concentrations. September,
2016.
75 ICF, 2014a. Assessment of the Potential Impact
of Hydrocarbon Refrigerants on Ground Level
Ozone Concentrations. February 2014.
76 Ibid.
77 U.S. EPA, 2020. 2017 National Emissions
Inventory Report. U.S. Environmental Protection
Agency. Available online at https://gispub.epa.gov/
neireport/2017/.
78 ICF, 2020. Additional Assessment of the
Potential Impact of Hydrocarbon Refrigerants on
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EPA found that the revised air quality
models showed slightly greater impacts
compared to our 2014 and 2016
analyses in all scenarios. For example,
in the worst-case scenarios where the
most reactive HC refrigerant, propylene,
was used broadly across the
refrigeration and AC industry, the
worst-case increase in ground-level
ozone was 8.62 ppb in Los Angeles in
the 2020 analysis compared to 7.8 ppb
in Los Angeles in an analysis in 2016
looking at the same scenario with the
same refrigerant. Changes to the
Community Multiscale Air Quality
(CMAQ) model, more updated
refrigerant emissions estimates from
EPA’s Vintaging Model, as well as the
longer time-period considered, resulted
in the changes. The 2016 analysis found
that even assuming 100 percent market
penetration of R–290 and the other
acceptable HCs in the end-uses where
they are already listed as acceptable,
subject to use conditions, or were under
review, which is a conservative
assumption, the highest impact for a
single 8-hour average ozone
concentration based on the 2016
analysis would be 0.05 ppb in Los
Angeles and less than 0.01 ppb in
Houston and Atlanta.79 Looking at the
2020 analysis, in the scenarios that
estimated emissions assuming that HC
refrigerants listed as acceptable, subject
to use conditions, reached 100 percent
market penetration, the worst-case
increase in ground-level ozone in Los
Angeles was 0.012 ppb, in Houston was
0.009 ppb, and in Atlanta was 0.006
ppb. Unlike the 2016 analysis, the 2020
analysis did not include modeling of
propylene or the propylene blend R–
443A in certain end-uses, as those
refrigerants were listed as unacceptable
in SNAP Rule 21 (81 FR 86778,
December 1, 2016). The modeled
changes to ground-level ozone levels
were less than 0.017 percent of the
NAAQS 8-hour ozone concentration of
70 ppb.80 EPA considers this to further
support the Agency’s earlier
conclusions in 2015 and 2016 that use
of saturated HCs as refrigerants,
including release of R–290, R–600a, and
R–441A during repairing, maintaining,
servicing, or disposing of appliances,
would not result in a significant
increase in ground-level ozone.
Ground Level Ozone Concentrations. May 2020.
Updated models included VM IO file_v5.1_10.01.19
and CMAQ 5.2.1 with carbon bond 06 (CB06)
mechanism, as cited in ICF, 2020.
79 ICF, 2016. Additional Follow-on Assessment of
the Potential Impact of Hydrocarbon Refrigerants on
Ground Level Ozone Concentrations. September
2016.
80 ICF, 2020. Op cit.
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Considering our evaluation of these
potential environmental impacts, EPA
proposes to conclude that R–290 in the
refrigerated food processing and
dispensing end-use is not expected to
pose a threat to the environment on the
basis of the inherent characteristics of
this substance and the limited quantities
used in the relevant end-use.
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Authorities, Controls, or Practices
EPA expects that existing authorities,
controls, and/or practices will mitigate
environmental risk from the release of
R–290. Analyses performed for both this
rule and the SNAP rules issued in 1994,
2011, 2015, 2016, and 2022 (59 FR
13044, March 17, 1994; 76 FR 38832,
December 20, 2011; 80 FR 19453, April
10, 2015; and 81 FR 86778, December 1,
2016, respectively) indicate that existing
regulatory requirements and industry
practices limit and control the emission
of R–290. As explained below, EPA
proposes that the limits and controls
under other authorities, regulations, or
practices adequately control the release
of and exposure to R–290 and mitigate
risks from any possible release.
As mentioned above, the
determination of whether venting,
release, or disposal of a substitute
refrigerant poses a threat to the
environment includes considering
whether such venting, release, or
disposal is adequately controlled by
other authorities, regulations, or
practices. This information is another
part of EPA’s proposal that the venting,
release, or disposal of R–290, in the
specified end-use and subject to the use
conditions in this proposed action, does
not pose a threat to the environment.
Industry service practices and OSHA
standards and guidelines that address
HC refrigeration equipment include
monitoring efforts, engineering controls,
and operating procedures. OSHA
requirements that apply during
servicing include continuous
monitoring of explosive gas
concentrations and oxygen levels. In
general, HC emissions from refrigeration
systems are likely to be significantly
smaller than those emanating from the
industrial process and storage systems,
which are controlled for safety reasons.
In sections II.B.7, ‘‘What updates to
existing use conditions for stand-alone
units is EPA proposing?’’ and II.D.5,
‘‘What updates to existing use
conditions for commercial ice machines
is EPA proposing?’’ above in this
document, we note that the amount of
substitute refrigerant from a refrigerant
loop is effectively limited to 500 g or
300 g in the end-uses proposed in this
rule. This indicates that HC emissions
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from such uses are likely to be relatively
small.
As discussed above in section II.B.3,
‘‘What is R–290 and how does it
compare to other refrigerants in the
refrigerated food processing and
dispensing equipment end-use
category?’’, EPA’s SNAP program
evaluated the flammability and toxicity
risks from R–290 in the proposed new
end-use in this rule. EPA is providing
some of that information in this section
as well, to provide information on the
potential for leaks and exposure due to
R–290.
R–290 is classified as an A3
refrigerant by ASHRAE 34–2022 and
subsequent addenda, indicating that it
has low toxicity and high flammability.
R–290 has an LFL of 2.1 percent. To
address flammability risks, this proposal
provides recommendations for its safe
use (see section II.H.2, ‘‘What additional
information is EPA including in these
proposed listings?’’). The SNAP
program’s analysis suggests that the
proposed use conditions in this rule
will mitigate flammability risks.
Like most refrigerants, at high
concentrations HCs can displace oxygen
and cause asphyxiation. Various
industry and regulatory standards exist
to address asphyxiation and toxicity
risks. The SNAP program’s analysis of
asphyxiation and toxicity risks suggests
that the proposed use conditions in this
rule would mitigate asphyxiation and
toxicity risks. Furthermore, it is the
Agency’s understanding that
flammability risks and occupational
exposures to HCs are adequately
regulated by OSHA and building and
fire codes at a local and national level.
The release and/or disposal of many
refrigerant substitutes, including R–290,
are controlled by other authorities
including various standards and state
and local building codes. The industry
consensus safety standard UL 60335–2–
89, which EPA is proposing to
incorporate by reference in use
conditions in the SNAP listing for R–
290 in refrigerated food processing and
dispensing equipment, is one of these
standards, and industry also applies the
standard ASHRAE 15. Code-making
organizations, such as the International
Code Council (ICC), are in the process
of updating references to the most
recent industry standards that address
use of R–290 and other flammable
refrigerants in the International Building
Code (IBC). The specific editions of UL
60335–2–89 and ASHRAE 15–2022 are
in the process of being adopted in the
next version of the IBC; once the IBC
adopts those standards, states and
localities may adopt those revisions into
their state or local building codes. To
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the extent that release during
maintaining, repairing, servicing, or
disposing of appliances is controlled by
regulations and standards of other
authorities, these practices and controls
for the use of R–290 are sufficiently
protective. These practices and controls
mitigate the risk to the environment that
may be posed by the venting, release, or
disposal of R–290 during the
maintaining, servicing, repairing, or
disposing of appliances.
EPA is aware of equipment that can
be used to recover HC refrigerants.
While there are no relevant U.S.
standards for such recovery equipment
currently, to the extent that R–290 is
recovered rather than vented in specific
end-uses and equipment, EPA
recommends the use of recovery
equipment designed specifically for
flammable refrigerants in accordance
with applicable safe handling practices.
2. What is EPA’s proposal regarding
whether venting of R–290 from
refrigerated food processing and
dispensing equipment should be
exempted from the venting prohibition
under CAA section 608(c)(2)?
Consistent with the proposed listing
under SNAP in this action, EPA
proposes to determine that venting,
releasing, or disposing of R–290 in
refrigerated food processing and
dispensing equipment is not expected to
pose a threat to the environment during
the maintaining, servicing, repairing, or
disposing of appliances. As discussed
more fully above, we propose this on
the basis of the inherent characteristics
of this substance, the limited quantities
used in the relevant end-uses, and the
limits and controls under other
authorities, regulations, or practices that
adequately control the release of and
exposure to R–290 and mitigate risks
from any possible release. Accordingly,
EPA is proposing to revise the
regulations at § 82.154(a)(1) to add R–
290 in this end-use to the list of
substitute refrigerants that are exempt
from the venting prohibition under CAA
section 608(c)(2).
3. When would the exemption from the
venting prohibition apply?
We are proposing that this exemption
for R–290 in refrigerated food
processing and dispensing equipment
would apply as of 30 days after the
publication of a final rule in the Federal
Register. This would be the same as the
proposed effective date of the SNAP
listing of R–290 in refrigerated food
processing and dispensing equipment, if
that listing is finalized as proposed.
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4. What is the relationship between this
proposed exemption under CAA section
608(c)(2) and other EPA rules?
If this proposed exemption were to
become final as proposed, it would not
mean that R–290 could be vented in all
situations. R–290 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 260 through 270). As
discussed in the final rules addressing
the venting of ethane (R–170), R–600a,
R–290, and R–441A as refrigerant
substitutes in certain end-uses,
incidental releases may occur during the
maintenance, service, and repair of
appliances subject to CAA section 608
(79 FR 29682, May 23, 2014; 80 FR
19454, April 10, 2015; 81 FR 86778,
December 1, 2016). Such incidental
releases would not be subject to RCRA
requirements for the disposal of
hazardous waste, as such releases would
not constitute disposal of the refrigerant
charge as a solid waste, per se. For
commercial appliances such as
refrigerated food processing and
dispensing equipment, it is likely that
R–290 and other flammable HC
refrigerant substitutes would be
classified as hazardous waste and
recycling, reclamation or disposal of R–
290 from such appliances would need to
be managed as hazardous waste under
the RCRA regulations (40 CFR parts 260
through 270), unless it is subject to a
limited exception in those regulations if
the ignitable refrigerant is to be reused
without first being processed to remove
contamination.
5. On which topics is EPA specifically
requesting comment?
EPA requests comment on all aspects
of our proposal to exempt R–290 used
as a refrigerant substitute in refrigerated
food processing and dispensing
equipment from the venting prohibition
under CAA section 608(c)(2), as well as
seeking comment on the proposed
addition to the existing exemption
language for R–290 in particular enduses at 40 CFR 82.154(a)(1)(viii). The
Agency notes that the proposed
regulatory text contains the proposed
addition to § 82.154(a)(1)(viii), as well
as certain other exemptions for other
end-uses that already appear at 40 CFR
82.154(a)(1)(viii) and that EPA is
republishing for purposes of formatting
for the Federal Register. EPA is not
proposing changes to, and is not taking
comment on, those existing exemptions
and we are not reopening for comment
those current exemptions for the other
end-uses where R–290 may be used.
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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)
This action does not impose any new
information collection burden under the
PRA. OMB has previously approved the
information collection activities
contained in the existing regulations
and has assigned OMB control number
2060–0226. 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 proposed rule
contains no new requirements for
reporting or recordkeeping.
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 proposed 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 proposes to add the
additional options under SNAP of using
HFC–32, HFO–1234yf, HFO–1234ze(E),
R–290, R–454A, R–454B, R–454C, R–
455A, R–457A, and R–516A in the
specified end-uses, but does not
mandate such use. Because equipment
for HFO–1234yf, HFO–1234ze(E), R–
454A, R–454B, R–454C, R–455A, R–
457A, and R–516A is not manufactured
yet in the U.S. for retail food
refrigeration equipment, commercial ice
machines, IPR, cold storage warehouses,
and ice skating rinks, no change in
business practice is required to meet the
use conditions, resulting in no adverse
impact compared with the absence of
this proposed rule. The new use
conditions for R–290 in stand-alone
units and self-contained commercial ice
machines were requested by industry
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and are consistent with the most recent,
updated standard; these would allow for
greater consistency in business practices
for different types of equipment using
the same refrigerant, as well as provide
greater flexibility in designing and
manufacturing equipment. Equipment
for R–290 already manufactured prior to
the effective date of a final rule based on
this proposal would not be required to
be changed. Stand-alone units and selfcontained commercial ice machines
using R–290 have been subject to
similar use conditions, and thus the
updated requirements would result in
no adverse impact compared with the
absence of this proposed rule. Thus, if
the rule were finalized as proposed, it
would not impose new costs on small
entities. We have therefore concluded
that this action will have no net
regulatory burden for all 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 fora.
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G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045 (62 FR 19885,
April 23, 1997) directs Federal agencies
to include an evaluation of the health
and safety effects of the planned
regulation on children in Federal health
and safety standards and explain why
the regulation is preferable to
potentially effective and reasonably
feasible alternatives. This action is not
subject to Executive Order 13045
because it is not economically
significant as defined in Executive
Order 12866, and because the EPA does
not believe the environmental health or
safety risks addressed by this action
present a disproportionate risk to
children. While EPA has not conducted
a separate analysis of risks to infants
and children associated with this
proposed 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
proposed rule. The risk screens are in
the docket for this rulemaking.
However, EPA’s Policy on Children’s
Health applies to this action.
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.
ddrumheller on DSK120RN23PROD with PROPOSALS3
I. National Technology Transfer and
Advancement Act and 1 CFR Part 51
This action involves technical
standards. EPA uses and proposes to
incorporate by reference portions of the
2021 UL 60335–2–89, which establishes
requirements for the evaluation of
commercial refrigeration equipment and
commercial ice machines and safe use
of flammable refrigerants, among other
things. This standard is discussed in
greater detail in section II.H.1 of this
preamble.
The 2021 standard UL 60335–2–89,
‘‘Household And Similar Electrical
Appliances—Safety—Part 2–89:
Particular Requirements for Commercial
Refrigerating Appliances and Ice-Makers
with an Incorporated or Remote
Refrigerant Unit or Motor Compressor,’’
2nd edition, October 27, 2021, is
available at: https://www.shopulstan
dards.com/ProductDetail.aspx?product
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Id=UL60335-2-89_2_S_20211027, and
may be purchased by mail at: COMM
2000, 151 Eastern Avenue, Bensenville,
IL 60106; Email: orders@
shopulstandards.com; Telephone: 1–
888–853–3503 in the U.S. or Canada
(other countries dial 1–415–352–2178);
internet address: https://
ulstandards.ul.com or https://
www.shopulstandards.com. The cost of
the 2021 standard UL 60335–2–89 is
$519 for an electronic copy and $649 for
a hard copy. 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
standard proposed to be incorporated by
reference is reasonably available.
EPA is also proposing to incorporate
by reference the GHS diamond symbol
(pictogram) for hazard category 1
flammable gases from Annex 1 to the
9th edition of the Global Harmonized
System of Classification and Labelling
of Chemicals, copyrighted in 2021, in
the use conditions for hazard labeling of
commercial and industrial refrigeration
equipment. This document is available
for viewing online at: https://unece.org/
sites/default/files/2021-9/GHS_Rev9E_
0.pdf. Printed versions and electronic
editable versions are available for sale at
the United Nations Publications section
at: https://shop.un.org/books/globalharmon-syst-class-9-92280. The cost of
the 9th edition of the GHS is $75.00 for
an electronic copy or $150.00 for a
printed hard copy. A copyright
permission request is not required for
the use of up to 2 graphs, charges,
tables, and figures. 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 GHS
symbol proposed to be incorporated by
reference is reasonably available.
EPA is also proposing to incorporate
by reference ANSI/ASHRAE Standard
15–2022, ‘‘Safety Standard for
Refrigeration Systems,’’ in the use
conditions for refrigerants listed for use
in larger refrigeration equipment (see
summary in section II.A.4 of the
preamble) and ANSI/ASHRAE Standard
34–2022, ‘‘Designation and Safety
Classification of Refrigerants,’’ in the
use conditions for labeling refrigeration
equipment with the safety classification
of the refrigerant used (see summary in
section II.A.2 of the preamble). These
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standards are available at https://
www.ashrae.org/technical-resources/
bookstore/ashrae-refrigerationresources, and may be purchased by
mail at: 180 Technology Parkway NW,
Peachtree Corners, Georgia 30092; by
telephone: 1–800–527–4723 in the U.S.
or Canada. ASHRAE 15–2022 and
ASHRAE 34–2022 are available as a
bundle costing $169.00 for an electronic
copy or hard copy. The cost of obtaining
these standards is not a significant
financial burden for equipment
manufacturers or for those selling,
installing, and servicing the equipment.
Therefore, EPA concludes that the
ASHRAE standards proposed to be
incorporated by reference are reasonably
available.
The following standards are already
approved for locations where they
appear in the amendatory text: UL 471,
UL 541, UL 484, UL 60335–2–24, and
60335–2–40.
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, HFO–1234ze(E), R–290,
R–454A, R–454B, R–454C, R–455A, R–
457A, and R–516A 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, HFO–1234ze(E),
R–290, R–454A, R–454B, R–454C, R–
455A, R–457A, and R–516A 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
proposed rule is voluntary, the Agency
is unable to quantify when, where, and
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how much of the listed substitutes will
be produced and used. Thus, EPA
cannot determine the extent to which
this proposed 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. The Agency will continue to
evaluate the impacts of this program on
communities with environmental justice
concerns and consider further action, as
appropriate.
ddrumheller on DSK120RN23PROD with PROPOSALS3
IV. References
Unless specified otherwise, all
documents are available electronically
through the Federal Docket Management
System at regulations.gov, Docket
number EPA–HQ–OAR–2023–0043.
ASHRAE, 2022a. ANSI/ASHRAE Standard
15–2022: Safety Standard for
Refrigeration Systems. 2022
ASHRAE, 2022b. ANSI/ASHRAE Standard
34–2022: Designation and Safety
Classification of Refrigerants. 2022.
Carter, 2010. ‘‘Development of the SAPRC–07
Chemical Mechanism and Updated
Ozone Reactivity Scales,’’ Report to the
California Air Resources Board by
William P. L. Carter. Revised January 27,
2010.
GHS, 2021. Pictogram for Hazard Category 1
Flammable Gases from Annex 1 to the
9th edition of the Global Harmonized
System of Classification and Labelling of
Chemicals, 2021. Available online at
https://unece.org/sites/default/files/
2021-9/GHS_Rev9E_0.pdf or from the
United Nations Publications section at:
https://shop.un.org/books/globalharmon-syst-class-9-92280.
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 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, 2016. Additional Follow-on Assessment
of the Potential Impact of Hydrocarbon
Refrigerants on Ground Level Ozone
Concentrations. September, 2016.
ICF, 2020. Additional Assessment of the
Potential Impact of Hydrocarbon
Refrigerants on Ground Level Ozone
Concentrations. May, 2020.
ICF, 2023a. Risk Screen on Substitutes in
Retail Food Refrigeration (New
Equipment); Substitute: HFO–1234yf.
ICF, 2023b. Risk Screen on Substitutes in
Retail Food Refrigeration (New
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Equipment); Substitute: HFO–1234ze(E)
(Solstice® ze, Solstice® 1234ze).
ICF, 2023c. Risk Screen on Substitutes in
Retail Food Refrigeration (New
Equipment); Substitute: R–454A
(Opteon® XL40).
ICF, 2023d. Risk Screen on Substitutes in
Retail Food Refrigeration (New
Equipment); Substitute: R–454C
(OpteonTM XL20).
ICF, 2023e. Risk Screen on Substitutes in
Retail Food Refrigeration (New
Equipment); Substitute: R–455A
(Solstice® L40X).
ICF, 2023f. Risk Screen on Substitutes in
Retail Food Refrigeration (New
Equipment); Substitute: R–457A
(Forane® 457A).
ICF, 2023g. Risk Screen on Substitutes in
Retail Food Refrigeration (New
Equipment); Substitute: R–516A
(Forane® 516A).
ICF, 2023h. Risk Screen on Substitutes in
Retail Food Refrigeration (New
Equipment); Substitute: Propane (R–
290).
ICF, 2023i. Risk Screen on Substitutes in
Commercial Ice Machines (New
Equipment); Substitute: HFC–32.
ICF, 2023j. Risk Screen on Substitutes in
Commercial Ice Machines (New
Equipment); Substitute: HFO–1234yf.
ICF, 2023k. Risk Screen on Substitutes in
Commercial Ice Machines (New
Equipment); Substitute: R–454A
(Opteon® XL40).
ICF, 2023l. Risk Screen on Substitutes in
Commercial Ice Machines (New
Equipment); Substitute: R–454B
(Opteon® XL41).
ICF, 2023m. Risk Screen on Substitutes in
Commercial Ice Machines (New
Equipment); Substitute: R–454C
(OpteonTM XL20).
ICF, 2023n. Risk Screen on Substitutes in
Commercial Ice Machines (New
Equipment); Substitute: R–455A
(Solstice® L40X).
ICF, 2023o. Risk Screen on Substitutes in
Commercial Ice Machines (New
Equipment); Substitute: R–457A
(Forane® 457A).
ICF, 2023p. Risk Screen on Substitutes in
Commercial Ice Machines (New
Equipment); Substitute: R–516A
(Forane® 516A).
ICF, 2023q. Risk Screen on Substitutes in
Commercial Ice Machines (New
Equipment); Substitute: Propane (R–
290).
ICF, 2023r. Risk Screen on Substitutes in
Industrial Process Refrigeration (New
Equipment); Substitute: HFC–32
(Difluoromethane)
ICF, 2023s. Risk Screen on Substitutes in
Industrial Process Refrigeration, Cold
Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute:
HFO–1234yf.
ICF, 2023t. Risk Screen on Substitutes in
Industrial Process Refrigeration, Cold
Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute:
HFO–1234ze(E) (Solstice® ze, Solstice®
1234ze).
ICF, 2023u. Risk Screen on Substitutes in
Industrial Process Refrigeration and Cold
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33757
Storage Warehouses (New Equipment);
Substitute: R–454A (Opteon® XL40).
ICF, 2023v. Risk Screen on Substitutes in
Industrial Process Refrigeration (New
Equipment); Substitute: R–454B
(Opteon® XL41).
ICF, 2023w. Risk Screen on Substitutes in
Industrial Process Refrigeration, Cold
Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R–
454C (OpteonTM XL20).
ICF, 2023x. Risk Screen on Substitutes in
Industrial Process Refrigeration, Cold
Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R–
455A (Solstice® L40X).
ICF, 2023y. Risk Screen on Substitutes in
Industrial Process Refrigeration, Cold
Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R–
457A (Forane® 457A).
ICF, 2023z. Risk Screen on Substitutes in
Industrial Process Refrigeration, Cold
Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R–
516A (Forane® 516A).
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 at: https://www.ipcc.ch/
report/ar4/wg1.
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 at:
www.lexissecuritiesmosaic.com/
gateway/FedReg/network_OJN_174_
CF3CF=CH2.pdf.
UL 471, 2010. Commercial Refrigerators and
Freezers. 10th edition. Supplement SB:
Requirements for Refrigerators and
Freezers Employing a Flammable
Refrigerant in the Refrigerating System.
November 24, 2010.
UL 563, 2009. Standard for Safety: Ice
Makers—Supplement SA: Requirements
for Ice Makers Employing a Flammable
Refrigerant in the Refrigerating System,
8th edition, July 31, 2009, including
revisions through November 29, 2013.
UL 60335–2–89, 2021. Household And
Similar Electrical Appliances—Safety—
Part 2–89: Particular Requirements for
Commercial Refrigerating Appliances
and Ice-Makers with an Incorporated or
Remote Refrigerant Unit or Motor
Compressor. 2nd edition. October 27,
2021.
U.S. EPA, 2020. 2017 National Emissions
Inventory Report. U.S. Environmental
Protection Agency. Available online at
https://gispub.epa.gov/neireport/2017/.
World Meteorological Organization (WMO),
2018. Burkholder et al. Appendix A,
Table A–1 in Scientific Assessment of
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Ozone Depletion: 2018, Global Ozone
Research and Monitoring Project, Report
No. 58, World Meteorological
Organization, Geneva, Switzerland.
Available at: https://ozone.unep.org/
science/assessment/sap.
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.
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For the reasons set forth in the
preamble, EPA proposes to amend 40
CFR part 82 as follows:
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The revisions read 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; and
■ b. Revising the table titled
‘‘Substitutes That Are Acceptable
Subject to Use Conditions.’’
■
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Appendix R to Subpart G of Part 82—
Substitutes Subject to Use Restrictions
Listed in the December 20, 2011, Final
Rule, Effective February 21, 2012, in the
April 10, 2015, Final Rule, Effective
May 11, 2015, in the April 28, 2023,
Final Rule, Effective May 30, 2023, and
in the [date of publication of the final
rule], Final Rule, Effective [effective
date of the final rule]
BILLING CODE 6560–50–P
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3. Amend appendix V to subpart G of
part 82 by:
■ a. Revising the heading; and
■ b. Revising the table titled
‘‘Refrigerants—Acceptable Subject to
Use Conditions’’.
The revisions read as follows:
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■
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Appendix V to Subpart G of Part 82—
Substitutes Subject to Use Restrictions
and Unacceptable Substitutes Listed in
the December 1, 2016, Final Rule,
Effective January 3, 2017, and Listed in
the [date of publication of the final
rule], Final Rule, Effective [effective
date of final rule]
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4. Add appendix Y to subpart G of
part 82 to read as follows:
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■
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Appendix Y to Subpart G of Part 82—
Substitutes Listed in the [Date of
publication of the final rule in the
Federal Register], Final Rule, Effective
[30 days after date of publication of the
final rule in the Federal Register]
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§82.154
Prohibitions.
(a) * * *
(1) * * *
(viii)Propane (R-290) in retail food
refrigerators and freezers—stand alone
units; household refrigerators, freezers,
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and combination refrigerators and
freezers; self-contained room air
conditioners for residential and light
commercial air-conditioning and heat
pumps; vending machines; effective
January 3, 2017, self-contained
commercial ice machines, very low
temperature refrigeration equipment,
and water coolers; and effective [30
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DAYS AFTER PUBLICATION OF
FINAL RULE IN THE FEDERAL
REGISTER], retail food refrigeration—
refrigerated food processing and
dispensing equipment;
*
*
*
*
*
[FR Doc. 2023–09600 Filed 5–23–23; 8:45 am]
BILLING CODE 6560–50–C
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5. Amend §82.154 by revising
paragraph (a)(1)(viii) to read as follows:
■
33797
]]>Agencies
[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Proposed Rules]
[Pages 33722-33797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09600]
[[Page 33721]]
Vol. 88
Wednesday,
No. 100
May 24, 2023
Part III
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Part 82
Protection of Stratospheric Ozone: Listing of Substitutes Under the
Significant New Alternatives Policy Program in Commercial and
Industrial Refrigeration; Proposed Rule
Federal Register / Vol. 88 , No. 100 / Wednesday, May 24, 2023 /
Proposed Rules
[[Page 33722]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2023-0043; FRL-10125-1-OAR]
RIN 2060-AV77
Protection of Stratospheric Ozone: Listing of Substitutes Under
the Significant New Alternatives Policy Program in Commercial and
Industrial Refrigeration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the U.S. Environmental Protection Agency's
Significant New Alternatives Policy program, this action proposes to
list certain substances in the refrigeration and air conditioning
sector. Specifically, EPA proposes to list several substitutes as
acceptable, subject to use conditions, for retail food refrigeration,
commercial ice machines, industrial process refrigeration, cold storage
warehouses, and ice skating rinks. Through this action, EPA is
proposing to incorporate by reference standards which establish
requirements for commercial refrigerating appliances and commercial ice
machines, safe use of flammable refrigerants, and safe design,
construction, installation, and operation of refrigeration systems.
This action also proposes to exempt propane, in the refrigerated food
processing and dispensing end-use, from the prohibition under the Clean
Air Act (CAA) on knowingly venting, releasing, or disposing of
substitute refrigerants, on the basis of current evidence that the
venting, release, or disposal of this substance in this end-use does
not pose a threat to the environment.
DATES: Comments must be received on or before July 10, 2023. Any party
requesting a public hearing must notify the contact listed under FOR
FURTHER INFORMATION CONTACT by 5 p.m. Eastern Daylight Time on May 30,
2023. If a virtual public hearing is held, it will take place on or
before June 8, 2023, and further information will be provided on EPA's
Stratospheric Ozone website at https://www.epa.gov/snap.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2023-0043, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Air and Radiation Docket, Mail Code 28221T, 1200 Pennsylvania
Avenue NW, Washington, DC 20460.
Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m.,
Monday-Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For additional information on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of this document.
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 at the address above. For further
information on EPA Docket Center services and the current status,
please visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Gerald Wozniak, Stratospheric
Protection Division, Office of Atmospheric Protection (Mail Code
6205A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number: 202-343-9624; email address:
[email protected]. Notices and rulemakings under EPA's Significant
New Alternatives Policy (SNAP) 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 proposing in this action?
A. Retail Food Refrigeration--Proposed Listing of HFO-1234yf,
HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A as Acceptable,
Subject to Use Conditions, for Use in New Stand-Alone Units, Remote
Condensing Units, Supermarket Systems and Refrigerated Food
Processing and Dispensing Equipment and Proposed Listing of R-454A
as Acceptable, Subject to Use Conditions, for Use in Remote
Condensing Units and Supermarket Systems
1. Background on Retail Food Refrigeration
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A,
R-457A, and R-516A and how do they compare to other refrigerants in
the same end-use?
4. Why is EPA proposing these specific use conditions?
5. What additional information is EPA including in these
proposed listings?
6. On which topics is EPA specifically requesting comment?
B. Retail Food Refrigeration--Proposed Listing of R-290 as
Acceptable, Subject to Use Conditions, for Use in New Refrigerated
Food Processing and Dispensing Equipment and Proposed Revision of
the Use Conditions in the Previous Listings of R-290 as Acceptable,
Subject to Use Conditions, for Use in New Stand-Alone Units
1. Background on Retail Food Refrigeration
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What is R-290 and how does it compare to other refrigerants
in the refrigerated food processing and dispensing equipment end-use
category?
4. Why is EPA proposing these specific use conditions for
refrigerated food processing and dispensing equipment?
5. How would the proposed listing for R-290 in refrigerated food
processing and dispensing equipment relate to regulations
implementing the venting prohibition under CAA section 608?
6. What use conditions currently apply to this refrigerant in
the stand-alone units end-use category?
7. What updates to existing use conditions for stand-alone units
is EPA proposing?
8. How do the proposed use conditions for stand-alone units
differ from the existing ones and why is EPA proposing to change the
use conditions?
9. What additional information is EPA including in these
proposed listings?
10. On which topics is EPA specifically requesting comment?
C. Commercial Ice Machines--Proposed Listing of HFC-32, HFO-
1234yf, R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A as
Acceptable, Subject to Use Conditions, for Use in New Commercial Ice
Machines
1. Background on Commercial Ice Machines
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFC-32, HFO-1234yf, R-454A, R-454B, R-454C, R-455A,
R-457A, and R-516A and how do they compare to other refrigerants in
the same end-use?
4. Why is EPA proposing these specific use conditions?
5. What additional information is EPA including in these
proposed listings?
[[Page 33723]]
6. On which topics is EPA specifically requesting comment?
D. Commercial Ice Machines--Proposed Revision of the Use
Conditions in the Previous Listing of R-290 as Acceptable, Subject
to Use Conditions, for Use in New Self-Contained Commercial Ice
Machines
1. Background on Commercial Ice Machines
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What is R-290 and where is there information on its use in
this end-use?
4. What use conditions currently apply to this refrigerant in
this end-use?
5. What updates to existing use conditions for commercial ice
machines is EPA proposing?
6. How do the proposed use conditions for commercial ice
machines differ from the existing ones and why is EPA proposing to
change the use conditions?
7. What additional information is EPA including in this proposed
listing?
8. On which topics is EPA specifically requesting comment?
E. Industrial Process Refrigeration--Proposed Listing of HFC-32,
HFO-1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A,
and R-516A as Acceptable, Subject to Use Conditions, for Use in New
Industrial Process Refrigeration
1. Background on Idustrial Process Refrigeration
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFC-32, HFO-1234yf, HFO-1234ze(E), R-454A, R-454B,
R-454C, R-455A, R-457A, and R-516A and how do they compare to other
refrigerants in the same end-use?
4. Why is EPA proposing these specific use conditions?
5. What additional information is EPA including in these
proposed listings?
6. On which topics is EPA specifically requesting comment?
F. Cold Storage Warehouses--Proposed Listing of HFO-1234yf, HFO-
1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A as Acceptable,
Subject to Use Conditions, for Use in New Cold Storage Warehouses
1. Background on Cold Storage Warehouses
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A,
R-457A, and R-516A and how do they compare to other refrigerants in
the same end-use?
4. Why is EPA proposing these specific use conditions?
5. What additional information is EPA including in these
proposed listings?
6. On which topics is EPA specifically requesting comment?
G. Ice Skating Rinks--Proposed Listing of HFO-1234yf, HFO-
1234ze(E), R-454C, R-455A, R-457A, and R-516A as Acceptable, Subject
to Use Conditions, for Use in New Ice Skating Rinks With a Remote
Compressor
1. Background on Ice Skating Rinks
2. What are the ASHRAE classifications for refrigerant
flammability?
3. What are HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A,
and R-516A and how do they compare to other refrigerants in the same
end-use?
4. Why is EPA proposing these specific use conditions?
5. What additional information is EPA including in these
proposed listings?
6. On which topics is EPA specifically requesting comment?
H. Use Conditions and Further Information for Retail Food
Refrigeration, Commercial Ice Machines, Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks With a
Remote Compressor
1. What use conditions is EPA proposing and why?
2. What additional information is EPA including in these
proposed listings?
3. On which topics is EPA specifically requesting comment?
I. Proposed Exemption for R-290 From the Venting Prohibition
Under CAA Section 608 for Refrigerated Food Processing and
Dispensing Equipment
1. What is EPA's proposed determination regarding whether
venting, releasing, or disposing of R-290 in refrigerated food
processing and dispensing equipment would pose a threat to the
environment?
2. What is EPA's proposal regarding whether venting of R-290
from refrigerated food processing and dispensing equipment should be
exempted from the venting prohibition under CAA section 608(c)(2)?
3. When would the exemption from the venting prohibition apply?
4. What is the relationship between this proposed exemption
under CAA section 608(c)(2) and other EPA rules?
5. On which topics is EPA specifically requesting comment?
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
IV. References
I. General Information
A. Executive Summary and Background
EPA is proposing new and revised listings after its evaluation of
human health and environmental information for these substitutes under
the Significant New Alternatives Policy (SNAP) program. The Agency is
proposing action on these new listings in the refrigeration and air
conditioning (AC) sector based on the information that EPA has included
in the docket. This proposed action would provide new refrigerant
options, thereby increasing flexibility for industry, in specific uses.
This action proposes to list new alternatives for the refrigeration
and AC sector. Specifically, EPA is proposing to:
List hydrofluoroolefin (HFO)-1234yf, HFO-1234ze(E), R-
454C, R-455A, R-457A, and R-516A as acceptable, subject to use
conditions, for use in new retail food refrigeration equipment (i.e.,
stand-alone units, remote condensing units, supermarket systems, and
refrigerated food processing and dispensing equipment);
List R-454A as acceptable, subject to use conditions, for
use in new remote condensing units and supermarket systems;
List R-290 (propane) as acceptable, subject to use
conditions, for use in new refrigerated food processing and dispensing
equipment and revise the existing use conditions for R-290 in new
stand-alone units.
List hydrofluorocarbon (HFC)-32, HFO-1234yf, R-454A, R-
454B, R-454C, R-455A, R-457A, and R-516A as acceptable, subject to use
conditions, for use in new commercial ice machines;
Revise the existing use conditions for R-290 for use in
new self-contained commercial ice machines;
List HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-
457A, and R-516A as acceptable, subject to use conditions, for use in
new chillers for industrial process refrigeration (IPR);
List HFC-32 and R-454B as acceptable, subject to use
conditions, for use in new chillers for IPR;
List HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-
457A, and R-516A as acceptable, subject to use conditions, for use in
new cold storage warehouses; and
List HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A,
and R-516A as acceptable, subject to use conditions, for use in new ice
skating rinks using a remote compressor.
In general, the proposed use conditions are consistent across the
various substitutes and end-uses contained in this proposal. Because of
this similarity, EPA discusses the proposed use conditions that would
apply to all five end-uses in section II.H. In summary, the common use
conditions proposed are:
[[Page 33724]]
(1) These refrigerants may be used only in new equipment, designed
specifically and clearly identified for use with the refrigerant. None
of these substitutes may be used as a conversion or ``retrofit''
refrigerant for existing equipment.
(2) These refrigerants may be used only in equipment that meet all
requirements listed in the 2nd edition, dated October 27, 2021, of UL
\1\ Standard 60335-2-89, ``Household and Similar Electrical
Appliances--Safety--Part 2-89: Requirements for Commercial
Refrigerating Appliances and Ice-Makers with an Incorporated or Remote
Refrigerant Unit or Motor-Compressor'' (hereafter ``UL 60335-2-89'').
For refrigerants that already have listings that incorporate by
reference earlier UL standards, EPA is proposing a transition period
when equipment may meet either the earlier UL standard or UL 60335-2-
89.
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\1\ UL, formerly known as Underwriters Laboratories.
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(3) These refrigerants must be used with warning labels on the
equipment and packaging that are similar to or match verbatim those
required by UL 60335-2-89.
(4) Equipment must be marked with distinguishing red color-coded
hoses and piping to indicate use of a flammable refrigerant and marked
service ports, pipes, hoses, and other devices through which the
refrigerant is serviced.
(5) These refrigerants must be used with equipment and packaging
marked with the Global Harmonized System of Classification and
Labelling of Chemicals (GHS) symbol for hazard category 1 flammable
gases.
Additional use conditions specific to particular end-uses may also
apply and are discussed with each proposed listing. The regulatory text
of the proposed listings, including the proposed use conditions and
further information, appears in tables at the end of this document. The
proposed new listings would appear in appendix Y to 40 Code of Federal
Regulations (CFR) part 82, subpart G. The proposed revised listings for
R-290 in new retail food refrigeration equipment (stand-alone units
only) and in new self-contained commercial ice machines would appear,
respectively, in appendices R and V to 40 CFR part 82, subpart G.
There may be other legal obligations pertaining to the manufacture,
use, handling, and disposal of the listed substitutes that are not
included in the information in the tables (e.g., the CAA section
608(c)(2) venting prohibition or Department of Transportation (DOT)
requirements for transport of flammable gases). Flammable refrigerants
being recovered or otherwise disposed of from commercial or industrial
refrigeration equipment are likely to be hazardous waste under the
Resource Conservation and Recovery Act (RCRA) (see 40 CFR parts 260
through 270).
In addition, EPA is proposing to exempt R-290 used in the
refrigerated food processing and dispensing end-use from the CAA
section 608(c)(2) prohibition on knowingly venting, releasing, or
disposing of substitute refrigerants on the basis of current evidence
that the venting, release, or disposal of this substance in this end-
use does not pose a threat to the environment.
SNAP Program Background
The SNAP program implements CAA section 612. 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 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.'' 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 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 following criteria in 40 CFR 82.180(a)(7): (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
[[Page 33725]]
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 FR13044), 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.
Background on requirements concerning venting, release, or
disposal of refrigerants and refrigerant substitutes under CAA
section 608
The statutory requirements concerning venting, release, or disposal
of ODS refrigerants and substitutes for ODS used as refrigerants are
under CAA section 608, and EPA's authority to promulgate the regulatory
revisions in this action is based in part on CAA section 608. Section
608 of the Act, as amended, titled National Recycling and Emission
Reduction Program, requires, among other things, that EPA establish
regulations governing the use and disposal of ODS used as refrigerants,
such as certain CFCs and HCFCs, during the service, repair, or disposal
of appliances and IPR.\2\ Section 608(c)(1) provides that it is
unlawful for any person in the course of maintaining, servicing,
repairing, or disposing of an appliance (or IPR) to knowingly vent, or
otherwise knowingly release or dispose of, any class I or class II
substance used as a refrigerant in that appliance (or IPR) in a manner
which permits the ODS to enter the environment.
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\2\ Additional information about the 608 Refrigerant Management
Program is available in EPA's rules implementing that program, such
as rules published on May 14, 1993 (58 FR 28660), November 18, 2016
(81 FR 82272), and March 11, 2020 (85 FR 14150).
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Section 608(c)(2) extends the prohibition in section 608(c)(1) to
knowingly venting or otherwise knowingly releasing or disposing of any
refrigerant substitute for class I or class II substances by any person
maintaining, servicing, repairing, or disposing of appliances or IPR.
This prohibition applies to any substitute refrigerant unless the
Administrator determines that such venting, releasing, or disposing
does not pose a threat to the environment. Thus, section 608(c)
provides EPA authority to promulgate regulations to interpret,
implement, and enforce this prohibition on venting, releasing, or
disposing of class I or class II substances and their refrigerant
substitutes, which we also refer to as the ``venting prohibition'' in
this proposed action. EPA's authority under section 608(c) includes
authority to implement section 608(c)(2) by exempting certain
substitutes for class I or class II substances from the venting
prohibition when the Administrator determines that such venting,
release, or disposal does not pose a threat to the environment.
EPA issued a rule on March 12, 2004 (69 FR 11946), and a second
rule on April 13, 2005 (70 FR 19273), clarifying how the venting
prohibition in section 608(c) applies to substitutes for CFC and HCFC
refrigerants (e.g., HFCs and perfluorocarbons (PFCs)). These
regulations are codified at 40 CFR part 82, subpart F. In relevant
part, they provide that no person maintaining, servicing, repairing, or
disposing of appliances may knowingly vent or otherwise release into
the environment any refrigerant or substitute from such appliances,
with the exception of certain specified substitutes in the specified
end-uses, as provided in 40 CFR 82.154(a).
EPA has exempted from the venting prohibition several hydrocarbon
(HC) refrigerant substitutes, including R-290, in specific end-uses
where the Agency had also listed the substitutes as acceptable, subject
to use conditions, under the SNAP program. See, for example, EPA's
regulations issued May 23, 2014 (79 FR 29682), April 10, 2015 (80 FR
19453), and December 1, 2016 (81 FR 86778).\3\ Those regulatory
exemptions do not apply to blends of HCs with other refrigerants or
containing any amount of any CFC, HCFC, HFC, or PFC. The current
exemptions for R-290 by end-use are codified at 40 CFR
82.154(a)(1)(viii).
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\3\ The United States Court of Appeals for the District of
Columbia Circuit (``the court'') issued a partial vacatur of the
December 1, 2016 rule ```to the extent' it required manufacturers to
replace already lawfully installed HFC substitutes.'' See Mexichem
Fluor, Inc. v. EPA, Judgment, Case No. 17-1024 (D.C. Cir., April 5,
2019), 760 Fed. Appx. 6 (Mem). The court's decision on the December
1, 2016 rule did not affect the portion of that rule that exempted
certain HC refrigerant substitutes from the venting prohibition.
This proposed rule is not EPA's response to the court's decision.
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In establishing those exemptions, EPA determined that for the
purposes of CAA section 608(c)(2), the venting, release, or disposal of
such HC refrigerant substitutes in the specified end-uses does not pose
a threat to the environment, considering both the inherent
characteristics of these substances and the limited quantities used in
the relevant applications., see, e.g., December 1, 2016 (81 FR 86778).
EPA further concluded that other authorities, controls, or practices
that apply to such refrigerant substitutes help to mitigate
environmental risk from the release of those saturated HC refrigerant
substitutes.
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)
Air Conditioning and Warm Air Heating Equipment and Commercial
and Industrial Refrigeration Equipment Manufacturing (NAICS 333415)
Refrigeration Equipment and Supplies Merchant Wholesalers
(NAICS 423740)
Recyclable Material Merchant Wholesalers (NAICS 423930)
Supermarkets and Other Grocery (except Convenience) Stores
(NAICS 445110)
Convenience Stores (NAICS 445120)
Limited-Service Restaurants (NAICS 722211)
Appliance Repair and Maintenance (NAICS 811412)
[[Page 33726]]
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 proposed
revisions. 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:
AC--Air Conditioning
AEL--Acceptable Exposure Limit
AIHA--American Industrial Hygiene Association
ANSI--American National Standards Institute
ASHRAE--American Society of Heating, Refrigerating and Air-
Conditioning Engineers
ASTM--American Society for Testing and Materials
ATEL--Acute Toxicity Exposure Limit
CAA--Clean Air Act
CAS Reg. No.--Chemical Abstracts Service Registry Identification
Number
CBI--Confidential Business Information
CFC--Chlorofluorocarbon
CFR--Code of Federal Regulations
CO2--Carbon Dioxide
DOE--United States Department of Energy
DOT--United States Department of Transportation
DX--Direct Heat Exchange
EPA--United States Environmental Protection Agency
FR--Federal Register
GHS--Global Harmonized System of Classification and Labelling of
Chemicals
GWP--Global Warming Potential
HC--Hydrocarbon
HCFC--Hydrochlorofluorocarbon
HCFO--Hydrochlorofluoroolefin
HFC--Hydrofluorocarbon
HFO--Hydrofluoroolefin
HP--Heat Pump
IBC--International Building Code
ICC--International Code Council
ICF--ICF International, Inc.
IEC--International Electrotechnical Commission
IPCC--Intergovernmental Panel on Climate Change
IPR--Industrial Process Refrigeration
ISO--International Organisation for Standardisation
LFL--Lower Flammability Limit
MIR--Maximum Incremental Reactivity
NAAQS--National Ambient Air Quality Standards
NAICS--North American Industrial Classification System
NARA--National Archives and Records Administration
ODP--Ozone Depletion Potential
ODS--Ozone Depleting Substances
OMB--United States Office of Management and Budget
OSHA--United States Occupational Safety and Health Administration
PEL--Permissible Exposure Limit
PFC--Perfluorocarbons
PMS--Pantone[supreg] Matching System
ppm--Parts Per Million
PRA--Paperwork Reduction Act
RCRA--Resource Conservation and Recovery Act
RFA--Regulatory Flexibility Act
SDS--Safety Data Sheet
SIP--State Implementation Plan
TLV--Threshold Limit Value
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
WEEL--Workplace Environmental Exposure Limit
WMO--World Meteorological Organization
II. What is EPA proposing in this action?
A. Retail Food Refrigeration--Proposed Listing of HFO-1234yf, HFO-
1234ze(E), R-454C, R-455A, R-457A, and R-516A as Acceptable, Subject to
Use Conditions, for Use in New Stand-Alone Units, Remote Condensing
Units, Supermarket Systems, and Refrigerated Food Processing and
Dispensing Equipment and Proposed Listing of R-454A as Acceptable,
Subject to Use Conditions, for Use in New Remote Condensing Units and
Supermarkets Systems
EPA is proposing to list HFO-1234yf, HFO-1234ze(E), R-454C, R-455A,
R-457A, and R-516A as acceptable, subject to use conditions, for use in
all end-use categories under retail food refrigeration (i.e., stand-
alone units, remote condensing units, supermarket systems, and
refrigerated food processing and dispensing equipment). EPA is also
proposing to list R-454A as acceptable, subject to use conditions, for
use in two end-use categories under retail food refrigeration (remote
condensing units and supermarket systems).
EPA is proposing several use conditions for these end-use
categories that are identical to those proposed for other end-uses
(commercial ice machines, IPR, cold storage warehouses, and ice skating
rinks with a remote compressor) discussed elsewhere in this proposal.
Because of this similarity, EPA discusses the use conditions that would
apply to all five end-uses in Section II.H. In summary, the common use
conditions EPA is proposing include the following: restricting the use
of each refrigerant to new equipment that is specifically designed for
that refrigerant; use consistent with the 2nd edition of UL 60335-2-89,
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, technicians, and
first responders of potential flammability hazards.
For use of these substitutes in retail food refrigeration
equipment, EPA is also proposing a use condition related to adherence
to the American National Standards Institute (ANSI)/American Society of
Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard
15-2022 ``Safety Standard for Refrigeration Systems'' (hereafter
``ASHRAE 15-2022''). Specifically, we are proposing that these
refrigerants may only be used in commercial refrigeration equipment
that meets all requirements listed in ASHRAE 15-2022. In cases where
the final rule includes requirements that are different than those of
ASHRAE 15-2022, EPA is proposing that the appliance would need to meet
the requirements of this rule in place of the requirements in ASHRAE
15-2022. This additional use condition is discussed further in section
II.A.4.
EPA is also proposing the following use condition for R-454A in
supermarkets and remote condensing units: this substitute may only be
used either in equipment with a refrigerant charge capacity less than
200 pounds or in the high-temperature side of a cascade system.
1. Background on Retail Food Refrigeration
Retail food refrigeration, an end-use within the SNAP program,
encompasses the equipment used for storing and displaying (generally
for sale) food and beverages at different temperatures necessary for
the different products (e.g., chilled and frozen food). The designs and
refrigerating capacities of equipment vary widely to ensure the proper
temperatures are achieved and maintained.
Retail food refrigeration is composed of four categories of
equipment: stand-alone units; refrigerated food processing and
dispensing equipment; remote condensing units; and supermarket systems.
EPA treats each of these four end-use categories as a separate end-use
for purposes of our comparisons of the overall impact on human health
and the environment and of the availability of refrigerants.
Stand-alone units are refrigerators, freezers, and reach-in coolers
(either
[[Page 33727]]
open or with doors) where all refrigeration components are integrated
and, for the smallest types, the refrigeration circuit is entirely
brazed or welded. These systems are charged with refrigerant at the
factory and typically require only an electricity supply to begin
operation. Such systems are used to chill and temporarily store
perishable items for commercial sale, such as beverages and food.
Refrigerated food processing and dispensing equipment dispenses and
often processes a variety of food and beverage products. For instance,
some such equipment will process the product by combining ingredients,
mixing, and preparing it at the proper temperature, while others
function mainly as a holding tank to deliver the product at the desired
temperature or to deliver chilled ingredients for processing, mixing,
and preparation. Some may use a refrigerant in a heat pump, or utilize
waste heat from the cooling system, to provide hot beverages. Some may
also provide heating functions for melting or dislodging ice or for
sanitation purposes.
Refrigerated food processing and dispensing equipment can be self-
contained or can be connected via piping to a dedicated condensing unit
located elsewhere. Equipment within this end-use category include but
are not limited to refrigerated equipment used to process and dispense
beverages and food such as: chilled and frozen beverages (carbonated
and uncarbonated, alcoholic and nonalcoholic); frozen custards, gelato,
ice cream, Italian ice, sorbets, and yogurts; milkshakes, ``slushies''
and smoothies, and whipped cream.
Remote condensing units exhibit refrigerating capacities ranging
typically from 1kW to 20kW (0.3 to 5.7 refrigeration tons). They are
composed of one (and sometimes two) compressor(s), one condenser, and
one receiver assembled into a single unit, which is normally located
external to the sales area. This equipment is connected to one or more
nearby evaporator(s) used to cool food and beverages stored in display
cases and/or walk-in storage rooms. Remote condensing units are
commonly installed in convenience stores and specialty shops such as
bakeries and butcher shops.
Typical supermarket systems are also known as multiplex or
centralized systems. They operate with racks of compressors installed
in a machinery room; different compressors turn on to match the
refrigeration load necessary to maintain temperatures. Two main design
classifications are used: direct and indirect systems. In the United
States, direct systems are the most widespread. The plurality of
supermarkets in the United States use centralized direct expansion (DX)
systems to cool their display cases.\4\ The refrigerant circulates from
the machinery room to the sales area, where it evaporates in display-
case heat exchangers, and then returns in vapor phase to the suction
headers of the compressor racks. The supermarket walk-in cold rooms are
often integrated into the system and cooled similarly, but an
alternative option is to provide a dedicated condensing unit for a
given storage room. Another type of supermarket design, often referred
to as a distributed refrigeration system, uses an array of separate
compressor racks located near the display cases rather than having a
central compressor rack system. Each of these smaller racks handles a
portion of the supermarket load, with five to ten such systems in a
store.
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\4\ www.epa.gov/greenchill/advanced-refrigeration.
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Indirect supermarket system designs include secondary loop systems
and cascade refrigeration. Indirect systems use a chiller or other
refrigeration system to cool a secondary fluid that is often circulated
throughout the store to the cases. Examples of secondary fluids include
water, air, HCs, ammonia, and carbon dioxide (CO2). Compact
chiller versions of an indirect system rely on a lineup of ten to 20
units, each using small charge sizes. As the refrigeration load
changes, more or fewer of the chillers are active. Compact chillers are
used in a secondary loop system whereby the chillers cool a secondary
fluid that is then circulated throughout the store to the display
cases. Each compact chiller is an independent unit with its own
refrigerant charge, reducing the potential for refrigerant to be
released from leaks or for a catastrophic failure. Cascade systems use
a compressor to raise the low-temperature, secondary fluid from low-
temperature conditions up to an intermediate temperature while a
separate, primary refrigerant system uses a different, higher
temperature refrigerant to condense the secondary fluid. Each system
within the cascade design contains its own refrigerant charge, allowing
the use of different refrigerants in each system. This application has
generally used a lower global warming potential (GWP) refrigerant,
specifically CO2 (R-744), in the low-temperature system,
with a variety of refrigerants in the high temperature system.
Refrigerant choice depends on the refrigerant charge, ambient
temperatures and the temperature required, system performance, energy
efficiency, and health, safety and environmental considerations, among
other things. In addition to regulations pursuant to the SNAP program,
other federal or local regulations may also affect refrigerant choice.
For instance, regulations from OSHA may restrict or place requirements
on the use of some refrigerants, such as ammonia (R-717). Building
codes from local and state agencies may also incorporate limits on the
types and amounts of particular refrigerants used. There are and will
continue to be multiple factors that retailers must consider when
selecting the refrigerant and operating system design, including:
energy efficiency; system performance; potential impact on community
safety; ambient temperatures; risk to personnel safety; cost; and
minimization of direct and indirect environmental impacts.
2. What are the ASHRAE classifications for refrigerant flammability?
The ANSI/ASHRAE Standard 34-2022 ``Designation and Safety
Classification of Refrigerants'' (hereafter ``ASHRAE 34-2022'') 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
[[Page 33728]]
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, 2022b. ANSI/ASHRAE Standard 34-2022: 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.
[GRAPHIC] [TIFF OMITTED] TP24MY23.000
Using these safety group classifications, ASHRAE 34-2022
categorizes HFO-1234yf, HFO-1234ze(E), HFC-32 and the refrigerant
blends R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A, which are
discussed in this section of this proposed rule, as being in the A2L
Safety Group, while R-290 is in the A3 Safety Group.
3. What are HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A,
and R-516A and how do they compare to other refrigerants in the same
end-use?
HFO-1234yf and HFO-1234ze(E) are lower flammability refrigerants,
and R-454A, R-454C, R-455A, R-457A, and R-516A are lower flammability
refrigerant blends, all with an ASHRAE safety classification of A2L.\6\
The respective Chemical Abstracts Service Registry Identification
Numbers (CAS Reg. Nos.) of HFO-1234yf, HFO-1234ze(E), and the
components of the refrigerant blends are listed here.
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\6\ 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 R-454A, R-454C, and R-
457A as acceptable, subject to use conditions, as a substitute in
residential and light commercial AC and heat pumps (HPs) (86 FR
24444, May 6, 2021).
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HFO-1234yf, also known by the trade names ``Solstice[supreg] yf''
and ``Opteon TM YF,'' is also known as 2,3,3,3-
tetrafluoroprop-1-ene (CAS Reg. No. 754-12-1). HFO-1234ze(E), also
known by the trade names ``Solstice[supreg] ze and Solstice[supreg]
1234ze'', is also known as trans-1,3,3,3,tetrafluoroprop-1-ene (CAS
Reg. No. 29118-24-9). R-516A, also known by the trade name
``Forane[supreg] 516A,'' is a blend consisting of 77.5 percent HFO-
1234yf, 14 percent HFC-152a, and 8.5 percent HFC-134a. R-457A, also
known by the trade name ``Forane[supreg] 457A,'' is a blend consisting
of 18 percent HFC-32, 12 percent HFC-152a, and 70 percent HFO-1234yf.
R-455A, also known by the trade name ``Solstice[supreg] L40X,'' is a
blend consisting of 21.5 percent HFC-32, 75.5 percent HFO-1234yf, and
three percent R-744 (CO2). 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-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,
HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A are provided
in the docket for this proposed rule (EPA-HQ-OAR-2023-0043) at https://www.regulations.gov. EPA performed a risk screening assessment to
examine the health and environmental risks of each of these
substitutes. These risk screens are available in the docket for this
proposed rule.7 8 9 10 11 12 13
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\7\ ICF, 2023a. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: HFO-1234yf.
\8\ ICF, 2023b. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: HFO-1234ze(E)
(Solstice[supreg] ze, Solstice[supreg] 1234ze)
\9\ ICF, 2023c. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: R-454A (Opteon[supreg]
XL40).
\10\ ICF, 2023d. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: R-454C
(OpteonTM XL20).
\11\ ICF, 2023e. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: R-455A (Solstice[supreg]
L40X).
\12\ ICF, 2023f. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: R-457A (Forane[supreg]
457A).
\13\ ICF, 2023g. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: R-516A (Forane[supreg]
516A).
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Environmental information: HFO-1234yf, HFO-1234ze(E) and R-454A, R-
454C, R-455A, R-457A, and R-516A have ozone depletion potentials (ODPs)
of zero.
[[Page 33729]]
HFO-1234yf has a GWP of less than four.14 15 16 HFO-
1234ze(E) has a GWP of less than six.17 18 The refrigerant
blends are made up of the components HFC-32, HFC-125, HFC-152a,
CO2, and HFO-1234yf, which have GWPs of 675, 3,500, 124,
one, and less than four, respectively.\19\ If these values are weighted
by mass percentage, then R-454A, R-454C, R-455A, R-457A, and R-516A
have GWPs of about 240, 150, 146, 140, and 142, respectively.
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\14\ World Meteorological Organization (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,
World Meteorological Organization, Geneva, Switzerland, https://ozone.unep.org/science/assessment/sap. (WMO, 2018)
\15\ 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: www.cogci.dk/network/
OJN_174_CF3CF=CH2.pdf.
\16\ 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.
\17\ Javadi et al., 2008. Atmospheric chemistry of trans-
CF3CH=CHF: products and mechanisms of hydroxyl radical
and chlorine atom initiated oxidation,' M.S. Javadi, R.
S[oslash]ndergaard, O.J. Nielsen, M.D. Hurley, and T.J. Wellington,
Atmospheric Chemistry and Physics Discussions 8, 1069-1088, 2008.
\18\ Ibid.
\19\ 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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HFO-1234yf, HFO-1234ze(E), and the other components of the
refrigerant blends, CO2, HFC-32, HFC-125, and HFC-152a, are
excluded from EPA's regulatory definition of volatile organic compounds
(VOC) (see 40 CFR 51.100(s)) addressing the development of State
Implementation Plans (SIPs) to attain and maintain the National Ambient
Air Quality Standards (NAAQS). That definition provides that ``any
compound of carbon'' which ``participates in atmospheric photochemical
reactions'' is considered a VOC unless expressly excluded in that
provision 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. EPA has established certain limited
exemptions to this venting prohibition, as listed in 40 CFR
82.154(a)(1), but none of those exemptions apply to HFO-1234yf, HFO-
1234ze(E), R-454A, R-454C, R-455A, R-457A, or R-516A.
Flammability information: HFO-1234yf, HFO-1234ze(E), R-454A, R-
454C, R-455A, R-457A, and R-516A have lower flammability, with an
ASHRAE flammability classification of 2L.
Toxicity and exposure data: HFO-1234yf, HFO-1234ze(E), R-454A, R-
454C, R-455A, R-457A, and R-516A have an ASHRAE toxicity classification
of A (lower toxicity). 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.
OSHA has established a Permissible Exposure Limit (PEL) for
CO2 of 5,000 ppm as an 8-hr TWA. The American Industrial
Hygiene Association (AIHA) has established Workplace Environmental
Exposure Limits (WEELs) of 1,000 ppm as an 8-hr TWA for HFC-32, HFC-
125, and HFC-152a; 500 ppm as an 8-hr TWA for HFO-1234yf; and 800 ppm
as an 8-hr TWA for HFO-1234ze(E). The manufacturers of R-454A, R-454C,
R-455A, R-457A, and R-516A recommend acceptable exposure limits (AELs)
for the workplace, respectively, of 690, 615, 650, 650, and 590 ppm on
an 8-hr TWA for these blends.\20\ EPA anticipates that users will be
able to meet the OSHA PEL, AIHA WEELs, and manufacturers' AELs and
address potential health risks by following requirements and
recommendations in the manufacturers' safety data sheets (SDSs), the
use conditions proposed (including adherence to Underwriters
Laboratories (UL) 60335-2-89 and ASHRAE 15-2022), and other safety
precautions common to the refrigeration and AC industry.
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\20\ The 8-hr TWA AEL recommendations of these refrigerant
blends are based upon a mass-weighting of the PEL and WEELs of their
components.
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Comparison to other substitutes in these end-uses: HFO-1234yf, HFO-
1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A all have an ODP
of zero, comparable to or lower than some of the acceptable substitutes
in these end-uses, such as CO2, with an ODP of zero.
For new refrigerated food processing and dispensing equipment, R-
454A, R-454C, R-455A, R-457A, and R-516A have GWPs ranging from 140 to
240, higher than to that of CO2, an acceptable substitute in
this end-use category, with a GWP of 1, while HFO-1234yf and HFO-
1234ze(E) have comparable GWPs to CO2 of less than four and
less than six, respectively. The GWPs of HFO-1234yf, HFO-1234ze(E), R-
454A, R-454C, R-455A, R-457A, and R-516A are lower than those of other
acceptable substitutes for new refrigerated food processing and
dispensing equipment, such as R-450A, R-513A, and HFC-134a, with GWPs
of approximately 600, 630, and 1,430, respectively.
For new remote condensing units and supermarket systems, R-454A, R-
454C, R-455A, R-457A, and R-516A have GWPs ranging from 140 to 240,
higher than that of ammonia and CO2, acceptable substitutes
in these end-use categories, with GWPs of zero and one, respectively,
while HFO-1234yf and HFO-1234ze(E) have comparable GWPs to
CO2 of less than four and less than six, respectively. The
GWPs of HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and
R-516A are lower than those of some of the acceptable substitutes for
new remote condensing units and new supermarket systems, such as R-
450A, R-513A, HFC-134a, R-407A, and R-404A, with GWPs of approximately
600, 630, 1,430, 2,110, and 2,630, respectively.
For new stand-alone units, R-454A, R-454C, R-455A, R-457A, and R-
516A have GWPs ranging from 140 to 240, higher than some of the
acceptable substitutes in this end-use category such as CO2,
R-290, and R-441A with GWPs of one, three, and less than five, while
HFO-1234yf and HFO-1234ze(E) have comparable GWPs to GWPs of
CO2, R-290, and R-441A of less than four and less than six,
respectively. The GWPs of HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-
455A, R-457A, and R-516A are lower than some of the acceptable
substitutes for new stand-alone units, such as R-450A and R-513A, with
GWPs of 601 and 630, respectively.
Information regarding the toxicity of other available alternatives
is provided in the listing decisions previously made (see https://
www.epa.gov/snap/retail-
[[Page 33730]]
food-refrigeration). Toxicity risks of use, determined by the
likelihood of exceeding the exposure limit, of HFO-1234yf, HFO-
1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A in these end-uses
are evaluated in the risk screens referenced above. The toxicity risks
of using HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and
R-516A in retail food refrigeration equipment are comparable to or
lower than toxicity risks of other available substitutes in the same
end-uses. Toxicity risks of the proposed refrigerants can be minimized
by use consistent with UL 60335-2-89--which would be required by our
proposed use conditions--and other industry standards, such as ASHRAE
15-2022--which applies under the use conditions--as well as
recommendations in the manufacturers' SDS and other safety precautions
common in the refrigeration and AC industry.
The flammability risks with HFO-1234yf, HFO-1234ze(E), R-454A, R-
454C, R-455A, R-457A, and R-516A 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 flammability risk than other
available substitutes in the same end-uses, this risk can be minimized
by use consistent with ASHRAE 15-2022, which would be required for
equipment with certain charge sizes by our proposed use conditions, and
other industry standards such as UL 60335-2-89, which would also be
required by our proposed use conditions, as well as recommendations in
the manufacturers' SDS and other safety precautions common in the
refrigeration and AC industry. EPA is proposing use conditions that
maintain the low 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 category.
In addition, the proposed substitutes have lower GWPs than most
other available alternatives for the same uses. The proposed
refrigerants provide additional lower-GWP options for situations where
other refrigerants with lower GWPs are not viable, such as for use of
HCs in systems with remote compressors or equipment requiring larger
charge sizes, or where equipment using CO2 may not be able
to meet energy conservation standards from the U.S. Department of
Energy (DOE). Given the wide range of applications for retail food
refrigeration, not all refrigerants listed as acceptable under SNAP
will be suitable for the range of equipment in the retail food
refrigeration end-use or in the four end-use categories within retail
food refrigeration. To provide additional options to ensure the
availability of substitutes for the full range of retail food
refrigeration equipment with lower GWP and, therefore, lower overall
risk to human health and the environment, EPA is proposing the listings
for HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A as
acceptable, subject to use conditions, for use in all types of retail
food refrigeration equipment. In addition, to account for the
additional challenges for finding lower GWP refrigerants with higher
capacity for remote condensing units and supermarket systems with
moderate charge sizes and for cascade systems, EPA is proposing to list
R-454A as acceptable, subject to use conditions, for use in remote
condensing units and supermarket systems with a charge size capacity
less than 200 pounds or for use in the high-temperature side of a
cascade system.
4. Why is EPA proposing these specific use conditions?
This proposal applies to end-uses covered by UL 60335-2-89. This
standard applies to commercial and industrial refrigeration equipment,
including the SNAP end-uses of retail food refrigeration, commercial
ice machines, IPR, cold storage warehouses, and ice skating rinks. In
addition, ASHRAE 15-2022 applies to these refrigeration systems.
The standard UL 60335-2-89 discussed in section II.H indicates that
refrigerant charges greater than a specific amount (called
``m3'' in the standard and based on the refrigerant's LFL)
are beyond its scope and that national standards might apply, such as
ASHRAE 15-2022. Hence, EPA is proposing to require adherence to both
standards as use conditions for remote condensing units and supermarket
systems, broadening the coverage under this proposed rule.
EPA is proposing to incorporate by reference ASHRAE 15-2022,
including all addenda published by the date of this proposal, in use
conditions that apply to use of the proposed A2L refrigerants in new
remote condensing units and supermarket systems. Where the requirements
specified in this proposed rule (if finalized) and ASHRAE 15-2022
differ, the requirements of this rule would apply.
A partial summary of ASHRAE 15-2022 is provided here for
information only. This is not meant to be a full explanation of the
standard or how it is applied. ASHRAE 15-2022 specifies requirements
for refrigeration systems, 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 occupied
space. As previously explained, HFO-1234yf, HFO-1234ze(E), R-454A, R-
454C, R-455A, R-457A, and R-516A 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.
Sections 7.2 and 7.3 of ASHRAE 15-2022 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 7.7
of ASHRAE 15-2022 addresses the A2L refrigerants in this proposal when
used in ``high-probability'' systems that are not for human comfort,
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.
EPA recognizes that ASHRAE 15-2022 is undergoing continuous
maintenance with publication of periodic addenda and is typically
updated and republished every three years. While this proposed rule
incorporates all addenda published by the date of this proposal, there
may be additional changes to ASHRAE 15-2022 by the time EPA issues a
final rule based upon this proposal. However, given EPA would not have
reviewed and proposed use conditions based on those changes, EPA is not
proposing to include addenda or other changes made to ASHRAE 15-2022
after the date of the proposed rule.
EPA is proposing to list R-454A as acceptable, subject to use
conditions, in supermarkets and remote condensing units with a use
condition that this substitute may only be used either in equipment
with a refrigerant charge capacity less than 200 pounds or in the high-
temperature side of a cascade system. The Agency is proposing this use
condition to allow use of R-454A less broadly than for the other
[[Page 33731]]
refrigerants proposed for use in remote condensing units and
supermarket systems because its GWP is higher than those of the other
proposed listings for these end-use categories (about 240, compared to
less than four to 150). EPA's understanding is that there are two
particular situations where use of refrigerants is likely to be more
constrained, and thus, additional refrigerant options may be helpful.
The first of those situations is in what the industry standard ASHRAE
15-2022 identifies as a refrigerating system having a ``high
probability'' that leaked refrigerant from a failed connection, seal,
or component could enter an occupied area. An example of such a
constraint is that ASHRAE 15-2022 and UL 60335-2-89 effectively set
charge limits for A2L refrigerants to less than 200 pounds for
applications inside a supermarket or convenience store that are open to
the general public. In contrast, larger charge sizes could be used in
``low-probability'' locations where the general public is unlikely to
come in contact with the refrigerant, such as systems used outdoors or
in a machinery room with access restricted to store employees. Where
the general public is unlikely to come into contact with any leaked
refrigerant, such as where charge sizes of 200 pounds or more of A2L
refrigerant would be allowed under the use conditions incorporating UL
60335-2-89 and ASHRAE 15-2022, there would be fewer space constraints
and greater flexibility in equipment design, so refrigeration system
designers can accommodate a narrower set of substitutes. Conversely,
where the general public is more likely to come into contact with any
leaked refrigerant in an interior space, refrigerant charge capacities
of a system would be less than 200 pounds; there would be more space
constraints, less flexibility in equipment design, and potentially
stricter code requirements, leading to a need for more refrigerant
options. Allowing the additional option of R-424A for supermarket
systems and remote condensing units with smaller refrigerant charges
would enable the use of a wider set of available substitutes to manage
safety (in particular, flammability and toxicity), as well as allowing
more options to achieve adequate performance where there may be more
constraints. Therefore, EPA is proposing to list R-454A as acceptable,
subject to use conditions, only for supermarket systems and remote
condensing units with a refrigerant charge capacity less than 200
pounds.
EPA is also proposing to list R-454A as acceptable, subject to use
conditions, for use in the high temperature side of cascade systems
used for supermarket systems and remote condensing units. As discussed
above in section II.A.1, ``Background on retail food refrigeration,''
each system of a cascade system uses a different refrigerant that is
most suitable for the given temperature range. High temperature
systems, or the ``high temperature side,'' have typically used HFCs as
a refrigerant; however, it is technologically achievable and has become
more common to use ammonia in the high temperature side. For lower
temperature systems, or the ``low temperature side'' of the cascade
system, low boiling refrigerants such as R-744 can be used.
Considerations for the choice of refrigerant on the high or low
temperature side of cascade systems are influenced by many factors
including, but not limited to, a refrigerant's toxicity and
flammability, its temperature glide, and its suitability for lower
temperature applications. EPA understands that use of flammable or
toxic refrigerants, such as ammonia, on the high temperature side of a
cascade may be limited in certain circumstances (e.g., based on
building codes and/or standards). The Agency considered whether to
propose to list R-454A as acceptable, subject to narrowed use limits.
For listings with narrowed use limits, the refrigerant user (e.g.,
equipment manufacturer or end user) intending to adopt a substitute
with narrowed use limits ``must ascertain that other alternatives are
not technically feasible.'' 40 CFR 82.180(b)(3). In the case of the
high side of a cascade system, EPA is currently aware of a limited
number of available options with a GWP below R-454A; therefore, EPA
does not consider it necessary to require users to first consider those
lower GWP refrigerants before selecting R-454A. The Agency notes that
there are multiple substitutes available for the low temperature side
of the cascade system with GWPs lower than that of R-454A, but there
are few options for the high temperature side of the cascade system.
Therefore, instead of proposing to list R-454A as acceptable, subject
to narrowed use limits and subject to use conditions, EPA is proposing
to list R-454A as acceptable, subject to use conditions, when it is
used in the high temperature side of cascade systems; this would expand
the refrigerant options that can comply with local building codes and
industry safety standards while meeting the more challenging
application of the high temperature side of a cascade system.
5. What additional information is EPA including in these proposed
listings?
EPA is providing additional information related to these proposed
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. The additional
information applies to multiple end-uses covered in this proposal.
Because of this similarity, EPA discusses the proposed additional
information in these proposed listings that would apply to all five
end-uses in section II.H.2 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.
6. On which topics is EPA specifically requesting comment?
EPA is requesting comment on all aspects of the proposed decision
to list HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and
R-516A acceptable, subject to use conditions, in new supermarket
systems and new remote condensing units as discussed in this section
II.A. We also request comment on the use conditions specifically for R-
454A, restricting its use to supermarket systems and remote condensing
units used either with a refrigerant charge capacity of less than 200
pounds or in the high temperature side of a cascade system, and whether
EPA should use different criteria in the final use conditions. We
request comment on our proposal to find HFO-1234yf, HFO-1234ze(E), R-
454C, R-455A, R-457A, and R-516A acceptable, subject to use conditions,
for use in new refrigerated food processing and dispensing equipment
(self-contained equipment) and new stand-alone units. EPA also seeks
specific comments on the use conditions including the proposed
requirements to comply with UL 60335-2-89, and for charge sizes larger
than ``m3,'' also to comply with ASHRAE 15-2022 including
addenda as of the date of this proposal. With respect to these
standards, EPA is requesting comment on the risk mitigation offered by
compliance with the current version of the standards proposed as use
conditions, i.e., UL 60335-2-89 and ASHRAE 15-2022, the nature of
updates proposed for these standards, and the expected timeline for
those updates. EPA is requesting comment on the applicability of the
2nd edition of UL 60335-2-89 to retail food refrigeration equipment,
including which types of equipment and under which
[[Page 33732]]
applications the standard applies, as well as on the applicability of
ASHRAE 15-2022 with the addenda published as of the date of this
proposal. Finally, EPA requests comment on whether there are any
specific cases of conflicts between UL 60335-2-89 and ASHRAE 15-2022
that require a clarification as to which standard should apply.
B. Retail Food Refrigeration--Proposed Listing of R-290 as Acceptable,
Subject to Use Conditions, for Use in New Refrigerated Food Processing
and Dispensing Equipment and Proposed Revision of Use Conditions
Provided in the Previous Listing of R-290 as Acceptable, Subject to Use
Conditions, for Use in Stand-Alone Units
This proposed listing for R-290 would be a new listing for one end-
use category under retail food refrigeration, i.e., new refrigerated
food processing and dispensing equipment. Further, EPA is also
proposing to revise use conditions provided in the previous listing of
R-290 as acceptable, subject to use conditions, for use in new stand-
alone units. More specifically, EPA previously listed R-290 as
acceptable, subject to use conditions, in new stand-alone units in SNAP
Rule 17 (76 FR 78832, December 20, 2011). In this document, we are
proposing to update those use conditions to be consistent with the most
recent U.S. national standard for retail food refrigeration equipment,
the 2nd edition of UL 60335-2-89. Similar use conditions apply to other
refrigerants with lower flammability as proposed in this SNAP action in
section II.A above. The proposed use conditions would be allowed for
such equipment manufactured on or after the effective date of any final
rule and would not apply to nor affect equipment manufactured before
the effective date of any final action and manufactured in compliance
with the SNAP requirements applicable at the time of manufacture.
This proposed revision to the use conditions would incorporate by
reference a different industry standard, changing the reference from
Supplement SB to the 10th edition of UL 471, ``Commercial Refrigerators
and Freezers,'' which is required in the current SNAP listing for R-
290, to the 2nd edition of UL 60335-2-89. EPA is proposing a transition
period during which stand-alone units manufactured with R-290 may
follow either the earlier standard UL 471 or UL 60335-2-89. After the
transition period ends, stand-alone units manufactured with R-290 would
need to follow UL 60335-2-89 for purposes of the SNAP program.
Several use conditions proposed for these end-use categories are
similar to those proposed for other end-uses. Because of this
similarity, EPA discusses the use conditions that would apply to all
five end-uses in section II.H. In summary, the common use conditions
proposed include the following: restricting the use of each refrigerant
to new equipment that is specifically designed for that refrigerant;
use consistent with the 2nd edition of UL 60335-2-89, 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, technicians, and
first responders of potential flammability hazards.
If the regulatory text is finalized as proposed, EPA would revise
the existing listing for R-290 in new stand-alone units in appendix R
to 40 CFR part 82, subpart G, and would add the new listing for R-290
in refrigerated food processing and dispensing units in appendix Y to
40 CFR part 82, subpart G. The proposed regulatory text contains
revised listing decisions for new stand-alone units in appendix R, as
well as certain other previous listings that EPA is republishing for
purposes of formatting for the Federal Register; EPA is not proposing
substantive changes to, and is not taking comment on, those earlier
decisions (e.g., listings for R-290, R-441A, and R-600a in household
refrigerators and freezers and in vending machines).
1. Background on Retail Food Refrigeration
See section II.A.1 for background on the retail food refrigeration
end-use and particularly for the stand-alone units and refrigerated
food processing and dispensing equipment end-use categories.
2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE 34-2022 categorizes R-290 as being in the A3 Safety Group.
See section II.A.2 for further discussion on ASHRAE classifications.
3. What is R-290 and how does it compare to other refrigerants in the
refrigerated food processing and dispensing equipment end-use category?
R-290 is also known as propane and has the formula
C3H8 (CAS Reg. No. 74-98-6). Redacted submissions
and supporting documentation for R-290 in retail food refrigeration are
provided in the docket for this proposed rule (EPA-HQ-OAR-2023-0043) at
https://www.regulations.gov. EPA performed a risk screening assessment
to examine the health and environmental risks of this substitute. This
risk screen is available in the docket for this proposed rule.\21\
---------------------------------------------------------------------------
\21\ ICF, 2023h. Risk Screen on Substitutes in Retail Food
Refrigeration (New Equipment); Substitute: Propane (R-290).
---------------------------------------------------------------------------
Environmental information: R-290 has an ODP of zero. R-290 has a
GWP of three. R-290 is regulated as a VOC under CAA regulations (40 CFR
51.100(s)) addressing the development of SIPs to attain and maintain
the NAAQS. EPA previously exempted R-290 in retail food refrigerators
and freezers (stand-alone units only) from the prohibition under CAA
section 608(c)(2) on knowingly venting, releasing, or disposing of
substitute refrigerants, finding that such venting, release, or
disposal does not pose a threat to the environment (79 FR 29682, May
23, 2014).
EPA evaluated potential impacts of R-290 and other HC refrigerants
on local air quality. R-290 (propane) is considered a VOC and is not
excluded from EPA's regulatory definition of VOC (see 40 CFR 51.100(s))
addressing the development of SIPs to attain and maintain the NAAQS. As
described below, EPA estimates that potential emissions of saturated HC
refrigerants, such as R-290 and R-600a (isobutane), do not have a
significant impact on local air quality.\22\
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\22\ ICF, 2014a. Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations.
February, 2014.
---------------------------------------------------------------------------
EPA has conducted multiple analyses of various scenarios to
consider the potential impacts on local air quality if HC refrigerants
were used widely.\23\ The analyses considered both worst-case and more
realistic scenarios. In an analysis supporting the listings of R-290,
R-600a, and the HC blend R-441A in multiple refrigeration and air
conditioning end-uses in SNAP Rule 19 (80 FR 19454, April 10, 2015),
the worst-case scenario assumed that the most reactive HC listed as
acceptable as of the time of those listings (R-600a) was used in all
refrigeration and AC uses and that all refrigerant used was emitted to
the atmosphere rather than most being recovered. In that extreme
scenario, the model predicted that the maximum increase in any single
8-hour average ground-level ozone concentration would be 0.72 parts per
billion (ppb) in Los Angeles, which is the area with the highest level
of ozone pollution in the United States. At the time of the analysis in
2014, 0.72 ppb was less than 1% of the NAAQS, and
[[Page 33733]]
we stated at the time that the use of R-600a consistent with the use
conditions required in EPA's regulations would not result in
significantly greater risk to the environment than other alternatives.
Using the current ozone NAAQS value of 70 ppb, use of the most reactive
saturated HC, R-600a, with a 100% market penetration would just exceed
a level that might raise concerns for EPA. However, considering that R-
290 is less reactive than R-600a \24\ and that R-290 would have a
market penetration at least as high as that of R-600a,\25\ we still
consider use of saturated HC refrigerants not to result in
significantly greater risk.
---------------------------------------------------------------------------
\23\ Ibid.
\24\ R-600a has a maximum incremental reactivity (MIR) of 1.34 g
O3/g R-600a, while R-290 has a MIR of 0.56 g
O3/g R-290. ICF, 2023h, Op. cit.; Carter, 2010.
``Development of the SAPRC-07 Chemical Mechanism and Updated Ozone
Reactivity Scales,'' Report to the California Air Resources Board by
William P.L. Carter. Revised January 27, 2010.
---------------------------------------------------------------------------
In a less conservative analysis of potential impacts on ambient
ozone levels, EPA looked at a set of end-uses that would be more likely
to use HC refrigerants between now and 2030, including end-uses where
they previously have been listed as acceptable and where they are
proposed to be acceptable under this rule. For example, we assumed use
of R-290 in refrigerated food processing and dispensing equipment \25\
and in end-uses where it is already listed as acceptable, including
retail food refrigeration--stand-alone units, vending machines, water
coolers, self-contained commercial ice machines, room air conditioners,
and household refrigerators and freezers. We also assumed the use of
other HC refrigerants such as R-600a and R-441A in end-uses where they
are listed as acceptable, such as in retail food refrigeration--stand-
alone units, vending machines, and household refrigerators and
freezers. For further information on the specific assumptions, see the
docket for this rulemaking.\26\ Based on this still conservative but
more probable assessment of refrigerant use, we found that even if all
the refrigerant in appliances in end-uses addressed in this proposed
rule and in appliances in end-uses for which other HCs are listed as
acceptable were to be emitted, there would be a worst-case impact of a
0.15 ppb increase in ozone for a single 8-hour average concentration in
the Los Angeles area, which is the area with the highest level of ozone
pollution in the United States. In the other cities examined in the
analysis, Houston and Atlanta, impacts were smaller (no more than 0.03
and 0.01 ppb for a single 8-hour average concentration,
respectively).\27\ For areas in the analysis that were not violating
the 2008 ozone NAAQS, the impacts did not cause an exceedance of the
2008 ozone NAAQS.
---------------------------------------------------------------------------
\25\ In the analysis, refrigerated food processing and
dispensing equipment was evaluated under the category of ``small
retail food'' refrigeration equipment, along with stand-alone units,
vending machines, and water coolers.
\26\ ICF, 2014a. Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations.
February 2014.
\27\ Ibid.
---------------------------------------------------------------------------
EPA also has performed more recent air quality analyses,
considering additional end-uses and refrigerants that have been listed
acceptable more recently (e.g., R-1150 in very low temperature
refrigeration) and using updated models.\28\ EPA found that the revised
air quality models showed slightly greater impacts compared to our 2014
analyses in all scenarios, but not enough to change our earlier
conclusions in 2015 and 2016 that use of saturated HCs as refrigerants,
including release of R-290, R-600a, and R-441A during repairing,
maintaining, servicing, or disposing of appliances, would not result in
a significant increase in ground-level ozone. Further, there would be
no change in the prior conclusion that use of the saturated HCs R-290,
R-600a, and R-441A, consistent with the SNAP listings, including their
use conditions and the proposed use conditions in this rule, would not
result in significantly greater risk to people's health or the
environment than other alternatives available for the same end-use,
refrigerated food processing and dispensing equipment.
---------------------------------------------------------------------------
\28\ ICF, 2020. Additional Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. May
2020. Updated models included VM IO file_v5.1_10.01.19 and CMAQ
5.2.1 with carbon bond 06 (CB06) mechanism, as cited in ICF, 2020.
---------------------------------------------------------------------------
Based on the results of these analyses, EPA is proposing to list R-
290 as acceptable, subject to use conditions, in refrigerated food
processing and dispensing equipment. Because of the relatively minimal
air quality impacts of R-290 if it is released to the atmosphere from
the end-uses where it is listed as acceptable subject to use conditions
and from the proposed refrigerated processing and dispensing equipment
end-use category, even in a worst-case scenario, we conclude that R-290
does not have a significantly greater overall impact on human health
and the environment based on its effects on local air quality than
other refrigerants listed as acceptable in the same end-uses.
Flammability information: R-290 is a higher flammability
refrigerant, with an ASHRAE safety classification of A3. However, the
proposed substitute is not expected to present a flammability concern
provided the proposed use conditions are followed.
Toxicity and exposure data: R-290 has an ASHRAE toxicity
classification of A (lower toxicity). Potential health effects of
exposure to this substitute include drowsiness or dizziness. The
substitute may also irritate the skin or eyes or cause frostbite. This
substitute could cause asphyxiation if air is displaced by vapors in a
confined space. These potential health effects are common to many
refrigerants.
OSHA has established a PEL of 1,000 ppm as an 8-hr TWA for propane
(R-290). EPA anticipates that users will be able to meet OSHA's PEL and
address potential health risks by following requirements and
recommendations in the manufacturers' SDSs, the use conditions proposed
(including compliance with UL 60335-2-89), adherence to ASHRAE 15-2022,
and other safety precautions common to the refrigeration and AC
industry.
Comparison to other substitutes in the refrigerated food processing
and dispensing end-use category: R-290 has an ODP of zero, comparable
to or lower than some of the acceptable substitutes in new refrigerated
food processing and dispensing equipment, such as CO2, R-
450A, and R-513A, with ODPs of zero.
R-290's GWP of 3 is comparable to that of other acceptable
substitutes for new refrigerated food processing and dispensing
equipment, including CO2, with a GWP of 1. The GWP of R-290
is lower than some of the acceptable substitutes for new refrigerated
food processing and dispensing equipment, such as R-450A, R-513A, R-
134a, and R-407H, with GWPs of approximately 600, 630, 1,430, and
1,500, respectively.
EPA's risk screen for R-290 in retail food refrigeration,\29\
including refrigerated food processing and dispensing equipment, found
that R-290 can be used without exceeding its PEL of 1,000 ppm (8-hr
TWA); thus, the toxicity risks of R-290 are comparable to those of
other acceptable substitutes in the refrigerated food processing and
dispensing equipment end-use category, which also are used without
exceeding their workplace exposure limits.
---------------------------------------------------------------------------
\29\ ICF, 2023h. Op. cit.
---------------------------------------------------------------------------
Although we noted that the flammability of R-290 may be greater
than that of other available, substitutes with an ASHRAE 1, 2, or 2L
flammability classification in the same end-use, we found its
flammability risk to be not significant even under worst-case
assumptions in this end-use category when following the proposed
[[Page 33734]]
use conditions.\30\ We note that flammability risk can be minimized by
use consistent with industry standards such as UL 60335-2-89--which
would be required by our proposed use conditions--and ASHRAE 15-2022,
as well as recommendations in the manufacturers' SDS and other safety
precautions common in the refrigeration and air conditioning industry.
The proposed use conditions for refrigerated food processing and
dispensing equipment would maintain 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.
---------------------------------------------------------------------------
\30\ ICF, 2023h. Op. cit.
---------------------------------------------------------------------------
The proposed substitute, R-290, has a GWP of 3, lower than that of
most other available alternatives for the same end-use category with
similarly low toxicity. R-290 provides an additional lower-GWP option
for situations where other refrigerants with lower GWPs are not viable,
such as where equipment using CO2 may not be able to meet
DOE's energy conservation standards. To provide additional, lower-GWP
options with lower overall risk to human health and the environment,
EPA is proposing the listing of R-290 as acceptable, subject to use
conditions, for use in refrigerated food processing and dispensing
equipment.
4. Why is EPA proposing these specific use conditions for refrigerated
food processing and dispensing equipment?
For refrigerated food processing and dispensing equipment, EPA
proposes to require use of UL 60335-2-89, for purposes of the SNAP
program, as of the effective date of the final rule based on this
proposal. Several of the use conditions proposed for refrigerated food
processing and dispensing equipment are common to those proposed for R-
290 in the commercial ice machine end-use in section II.D, and others
are common to all five end-uses in this proposed rule. Because of this
similarity, EPA discusses the use conditions that would apply to all
five end-uses in section II.H. In summary, the common use conditions
proposed include the following: restricting the use of each refrigerant
to new equipment that is specifically designed for that refrigerant;
use consistent with the 2nd edition of UL 60335-2-89, 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, technicians, and
first responders of potential flammability hazards.
5. How would the proposed listing for R-290 in refrigerated food
processing and dispensing equipment relate to regulations implementing
the venting prohibition under CAA section 608?
In section II.I of this document, EPA is proposing to exempt R-290
used as a refrigerant in refrigerated food processing and dispensing
equipment from the prohibition under CAA section 608(c)(2) on knowingly
venting or otherwise knowingly releasing or disposing of any substitute
refrigerant in the course of maintaining, servicing, repairing, or
disposing of an appliance or industrial process refrigeration.
6. What use conditions currently apply to this refrigerant in the
stand-alone units end-use category?
EPA previously listed R-290 acceptable, subject to use conditions,
in new stand-alone units in SNAP Rule 17 (76 FR 78832, December 20,
2011). Those requirements are codified in appendix R to 40 CFR part 82,
subpart G. EPA provided information on the potential environmental and
health risks of R-290 and the various substitutes available at that
time for use in this end-use category. Additionally, EPA's previous
risk screen for this refrigerant in this end-use category, based on the
use conditions in that rule, is available in the docket for that
previous rulemaking (EPA-HQ-OAR-2009-0286).
R-290 has an ASHRAE classification of A3, indicating that it has
low toxicity and higher flammability. In the presence of an ignition
source (e.g., static electricity, a spark resulting from a closing
door, or a cigarette), an explosion or a fire could occur if the
concentration of R-290 were to exceed the LFL of 21,000 ppm (2.1
percent) by volume.
The use conditions established in the 2011 listing for R-290 in new
stand-alone units addressed safe use of this flammable refrigerant
based on information available at that time and included the following:
incorporation by reference of Supplement SB to the 10th edition
(November 24, 2010) of the standard UL 471 ``Commercial Refrigerators
and Freezers''; refrigerant charge size limits based on cooling
capacity and type of equipment; and requirements for markings and
warning labels on equipment using the refrigerant to inform consumers,
technicians, and first responders of potential flammability hazards.
EPA explained in that rulemaking that 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 17 (76 FR 78832, December 20, 2011)
found that with the use conditions, the overall risk of R-290,
including the risk due to flammability, was not significantly greater
in the stand-alone units end-use than other substitutes that are
currently or potentially available for that same end-use.
7. What updates to existing use conditions for stand-alone units is EPA
proposing?
EPA is proposing to update the use conditions that apply to R-290
in new stand-alone units manufactured on or after the effective date of
any final rule based on this proposal. Several of the updated use
conditions proposed for use of R-290 in stand-alone units are common to
those proposed for the commercial ice machine end-use in section II.D,
and others are common to all five end-uses in this proposed rule.
Because of this similarity, EPA discusses the use conditions that would
apply to all five end-uses in section II.H. For R-290 in stand-alone
units, these are the only revised use conditions EPA is proposing. In
summary, with the updates proposed to the use conditions for stand-
alone units, the common use conditions proposed include the following:
restricting the use of each refrigerant to new equipment that is
specifically designed for that refrigerant; use consistent with the 2nd
edition of UL 60335-2-89, 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, technicians, and first responders of potential flammability
hazards.
If finalized as proposed, the use conditions in this action would
apply to new stand-alone units on or after the effective date of any
final rule. Any final rule would not apply to nor affect equipment
manufactured before the effective date of this action and manufactured
in compliance with the SNAP use conditions applicable at the time of
manufacture as stipulated in SNAP Rule 17 and appendix R to 40 CFR part
82, subpart G. EPA views equipment to be manufactured at the date upon
which the appliance's
[[Page 33735]]
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. For stand-alone units (and most
refrigerated food processing and dispensing equipment), this occurs at
the factory. If this rule is finalized as proposed, new stand-alone
units manufactured between February 21, 2012, and the effective date of
the final rule would be required to meet the use conditions in SNAP
Rule 17 (which took effect February 21, 2012) and as listed in appendix
R to 40 CFR part 82, subpart G, including the use condition
incorporating by reference Supplement SB to the 10th edition of UL 471.
Such products would be permitted to be warehoused and sold through
normal channels, even if they are sold or installed after the effective
date of any final rule based on this proposed rule. Stand-alone units
using R-290 manufactured on or after the effective date of any final
rule based on this proposal would be required to meet the use
conditions so finalized and listed in the revisions to appendix R.
Those use conditions would allow manufacturers of new stand-alone units
using R-290 to follow either UL 471 or UL 60335-2-89 from the effective
date of any final rule based on this proposal and would last through
September 29, 2024. On and after September 30, 2024, the use condition
for use of R-290 in equipment that meets UL 60335-2-89 only would apply
under SNAP.
EPA is proposing use conditions allowing new stand-alone units to
be manufactured consistent with Supplement SB of UL 471, up to and
including September 29, 2024, which is the date when UL is sunsetting
UL 471. Therefore, during the time between the effective date of any
final rule based on this proposal and September 29, 2024, manufacturers
would be allowed to follow either UL 471, 10th Edition or UL 60335-2-
89, 2nd Edition. EPA is proposing allowing manufacturers to adhere to
either standard for this limited time because the Agency recognizes
that manufacturers may need time to make necessary changes including to
their product labels. The period during which manufacturers may follow
either standard should provide sufficient time for manufacturers to
transition from UL 471 to UL 60335-2-89. EPA proposes that, beginning
September 30, 2024, R-290 may only be used in new stand-alone units
that meet all requirements in UL 60335-2-89 for the purposes of the
SNAP program. See section II.H.1 for further discussion on the
requirements of this standard that EPA is proposing to incorporate by
reference.
In addition, we are proposing that manufacturers would need to
follow the set of use conditions that correspond with a specific UL
standard (i.e., when using UL 471, follow all use conditions in listing
2 and when using UL 60335-2-89, follow all use conditions in listing 4
in the proposed revisions to appendix R). After the transition period
ends, stand-alone units manufactured with R-290 would need to follow UL
60335-2-89 for purposes of the SNAP program.
EPA also notes that we are not proposing to change two use
conditions that currently apply, nor are we taking comment on those
other use conditions. The use conditions that restrict the use of R-290
to new equipment specifically designed for this refrigerant, and that
require red-colored markings on service ports, pipes, hoses, and other
devices through which the refrigerant is serviced, repeat the current
use conditions for R-290 in new stand-alone units. If the regulatory
text is finalized as proposed, EPA would amend to add use conditions
that apply to R-290 in new stand-alone units manufactured on or after
the effective date of the final rule. Equipment manufactured before the
effective date of the final rule would not be affected by this action
and would hence be subject to the current use conditions included in
appendix R.
8. How do the proposed use conditions for stand-alone units differ from
the existing ones and why is EPA proposing to change the use
conditions?
The revised use conditions EPA is proposing for stand-alone units
are similar to the ones that exist today in appendix R to 40 CFR part
82, subpart G, for R-290 in this end-use category. The requirements
that R-290 must be used in new equipment only, and that new stand-alone
units must include red markings at service ports, pipes, hoses, and
other devices through which the refrigerant is serviced, are repeated
in this proposed listing. The updated use conditions concern
incorporating by reference the most recent U.S. national standard and
updated labeling requirements consistent with that new standard. Stand-
alone units using R-290 manufactured before the effective date of a
final rule to this proposal would not be affected by the updated use
conditions.
Warning labels are required under EPA's current regulations, and
EPA is proposing to continue to require them, although with some
specific language changes. The proposed warning labels are similar to
those required currently as use conditions for the use of R-290 in
stand-alone units. EPA finds that using a common set of labels, similar
to those from UL 60335-2-89, would aid in compliance and could reduce
burden for the industry, especially for a manufacturer that uses more
than one refrigerant. EPA is proposing that the labels must be provided
in letters no less than 6.4 millimeter (\1/4\ inch) high and must be
permanent, which is identical to the current requirement for R-290 in
stand-alone units.
EPA is proposing to incorporate by reference a new industry
standard in the use conditions, including use of the 2nd edition of UL
60335-2-89 instead of continuing to require the standard Supplement SB
of the 10th edition of UL 471 for equipment manufactured on or after
the effective date of any final rule based on this proposal. UL 60335-
2-89 was developed in an open and consensus-based approach, with the
assistance of experts in the refrigeration and AC industry as well as
experts involved in assessing the safety of products. The revision
cycle for the 2nd edition, including final recirculation, concluded
with its publication on October 27, 2021. The 2nd edition of UL 60335-
2-89 replaces the previously published version of several standards,
including UL 471, which had already been published as a 10th edition by
that time. EPA was aware of the continuing progress of UL standards to
address flammable refrigerants more appropriately. In SNAP Rule 23 (86
FR 24444, May 6, 2021), which listed a number of A2L refrigerants for
use in the residential and light commercial AC and heat pumps (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 R-290 in stand-alone units, and whether to establish
new or revised use conditions that reference UL 60335-2-89.'' In this
document, we are proposing such a change knowing that UL is replacing
the standard to which such equipment is certified from UL 471 to the
newer standard UL 60335-2-89 starting September 30, 2024.
To allow time for manufacturers of stand-alone units to transition
between the current use condition using the 10th edition of UL 471, and
the new use condition using the 2nd edition of UL 60335-2-89, EPA is
proposing to allow R-290 to be used in stand-alone units manufactured
either following UL 471 or UL 60335-2-89 during a transition period. We
propose that transition period would begin on the effective date of the
final rule based on this proposal
[[Page 33736]]
and would last through September 29, 2024. It is EPA's understanding
that UL intends to sunset UL 471 on September 29, 2024, and EPA is
proposing to coordinate with that sunset date. Beginning September 30,
2024, the use condition in effect would only allow R-290 to be used in
new stand-alone units that follow UL 60335-2-89. In addition, we are
proposing that manufacturers would need to follow the set of use
conditions that correspond with a specific UL standard (i.e., when
using UL 471, follow all use conditions in listing 4 and when using UL
60335-2-89, follow all use conditions in listing 6 in the proposed
revisions to appendix R).
Updating the UL standard incorporated as a use condition will
provide more consistency amongst the products within the retail food
refrigeration end-use. This change will allow the industry to focus on
the most 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 technicians, likewise, would not need to reference
different standards depending on the type of equipment and the
particular flammable refrigerant being used in that equipment, when
putting in a new piece of equipment or servicing that equipment.
Another proposed revision to the use conditions is the limit on
charge sizes. The current use conditions from SNAP Rule 17 require the
charge sizes calculated consistent with UL 471, with a maximum charge
of 150 g allowed. The proposed revised use conditions for equipment
manufactured on or after the effective date of any final rule would
allow charge sizes calculated based on UL 60335-2-89, which allows
charges of up to 500 g of R-290 for open stand-alone units, or 300 g
for those with doors and drawers.
Because of the differences between UL 471 and UL 60335-2-89, EPA
performed a new risk screen for R-290 as a refrigerant in retail food
refrigeration equipment, including stand-alone units.\31\ In this risk
screen, EPA adjusted charge sizes to be consistent with the larger
charge sizes of 300 g and 500 g allowed for R-290 under UL 60335-2-89.
The risk screen also considered the impact of mitigation methods such
as valves that would restrict the amount of refrigerant that could be
released. The updated risk screen found that concentrations of R-290
still would not exceed the LFL when used according to the proposed use
condition and consistent with UL 60335-2-89, and thus the proposed new
use conditions would also address potential flammability risks of using
R-290.\32\ In addition, the risk screen modeled the reasonable work
case scenario of short-term exposure (15-minute TWA) due to a
catastrophic release of the charge. Under this highly conservative
scenario, the worst-case exposure of 5,770 ppm was still significantly
lower than the Acute Toxicity Exposure Limit (ATEL) of 50,000 ppm.\33\
For further information, see the risk screen in the docket for this
rulemaking.
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\31\ ICF, 2023h. Op. cit.
\32\ Ibid.
\33\ The source of the ATEL is ASHRAE 34-2022, as cited in ICF,
2023h. Op cit.
---------------------------------------------------------------------------
9. What additional information is EPA including in these proposed
listings?
EPA is providing additional information related to the proposed
listing for R-290 in new refrigerated food processing and dispensing
equipment and the proposed revised listing for R-290 in new stand-alone
units. 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.H.2 for further
discussion on what additional information EPA is including in these
proposed listings. EPA notes that the additional information is similar
to, but not identical with, the addition information in the listing for
R-290 in stand-alone units in SNAP Rule 17. EPA is proposing additional
information consistent with that included in the other proposed
listings for stand-alone units in this rule and consistent with that
included in the listings for R-290 as acceptable, subject to use
conditions, in stand-alone units in Rule 17. 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.
10. On which topics is EPA specifically requesting comment?
EPA is requesting comment on all aspects of the proposed decision
to list R-290 acceptable, subject to use conditions, in new
refrigerated food processing and dispensing equipment as discussed in
this section II.B. EPA also requests comments on the proposed change in
use conditions for use of R-290 in stand-alone units, and if and how
such change would affect the safety of stand-alone units using R-290.
The Agency requests comment on the time periods during which
manufacturers are to follow UL 471, either UL 471 or UL 60335-3-89, or
only UL 60335-2-89. EPA also requests comments on the proposed use
conditions for use of R-290 in new refrigerated food processing and
dispensing equipment, including the proposed requirements to comply
with UL 60335-2-89. With respect to this standard, EPA is requesting
comment on the risk mitigation offered by compliance with the current
version of the standard proposed as use conditions, i.e., UL 60335-2-
89, the nature of updates proposed for this standard, and the expected
timeline for those updates. EPA is requesting comment on the
applicability of the 2nd edition of UL 60335-2-89 to refrigerated food
processing and dispensing equipment, including which types of
equipment, under which applications the standard applies, and whether
the listing of R-290 should apply to refrigerated food processing and
dispensing equipment that has a remote compressor and is not self-
contained.
C. Commercial Ice Machines--Proposed Listing of HFC-32, HFO-1234yf, R-
454A, R-454B, R-454C, R-455A, R-457A, and R-516A as Acceptable, Subject
to Use Conditions, for Use in New Commercial Ice Machines
EPA is proposing to list HFC-32, HFO-1234yf, and the refrigerant
blends R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A as
acceptable, subject to use conditions, for use in new commercial ice
machines.
Several use conditions proposed for commercial ice machines are
common to those proposed for other end-uses. Because of this
similarity, EPA discusses the use conditions that would apply to all
five end-uses in section II.H. For commercial ice machines, those are
the only use conditions EPA is proposing. In summary, the common use
conditions proposed include the following: restricting the use of each
refrigerant to new equipment that is specifically designed for that
refrigerant; use consistent with the 2nd edition of UL 60335-2-89,
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, technicians, and
first responders of potential flammability hazards.
[[Page 33737]]
If the regulatory text is finalized as proposed, EPA would revise
the existing listing for R-290 in new self-contained commercial ice
machines in appendix V to 40 CFR part 82, subpart G. The proposed
regulatory text contains listing decisions for the commercial ice
machines end-use, as well as certain other previous listings that EPA
is republishing for purposes of formatting for the Federal Register;
EPA is not proposing substantive changes to, and is not taking comment
on, those earlier decisions (i.e., listings for R-290 in new water
coolers and in new very low temperature refrigeration equipment).
1. Background on Commercial Ice Machines
Commercial ice machines are used in commercial establishments
(e.g., hotels, restaurants, convenience stores) to produce ice for
consumer use. Commercial ice machines \34\ are another subset of
commercial refrigeration and are considered a separate end-use within
the SNAP program from retail food refrigeration due to differences in
where such equipment is placed and the additional mechanical and
electronic components required to make and dispense ice. Ice machines
produce ice in various sizes and shapes, and with different retrieval
mechanisms (e.g., dispensers or self-retrieval from bins). Many
commercial ice machines are self-contained units, while some have the
condenser separated from the portion of the machine making the ice and
have refrigerated lines running between the two (also known as remote
equipment). Commercial ice machines fall under the scope of UL 60335-2-
89, ``Household and Similar Electrical Appliances--Safety--Part 2-89:
Requirements for Commercial Refrigerating Appliances and Ice-Makers
with an Incorporated or Remote Refrigerant Unit or Motor-Compressor.''
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\34\ Industry standards for this type of equipment, e.g., UL 563
and UL 60335-2-89, use the terms ``ice maker'' or ``ice-maker''
rather than commercial ice machines. The terms may be used
interchangeably and refer to the same equipment.
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This proposal, if finalized, would list HFC-32, HFO-1234yf, R-454A,
R-454B, R-454C, R-455A, R-457A, and R-516A as acceptable, subject to
use conditions, in new commercial ice machines.
2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE 34-2022 categorizes the refrigerants proposed for commercial
ice machines in this section as being in the A2L Safety Group. See
section II.A.2 for further discussion on ASHRAE classifications of
these refrigerants.
3. What are HFC-32, HFO-1234yf, R-454A, R-454B, R-454C, R-455A, R-457A,
and R-516A and how do they compare to other refrigerants in the same
end-use?
See section II.A.3 for further discussion on the environmental,
flammability, toxicity, and exposure information for HFC-32, HFO-
1234yf, R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A.\35\
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\35\ 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 R-454A, R-454B, R-454C,
and R-457A as acceptable, subject to use conditions, as substitutes
in residential and light commercial AC and HPs (86 FR 24444, May 6,
2021). EPA previously listed HFC-32 as acceptable, subject to use
conditions, in self-contained room air conditioners (80 FR 19453,
April 10, 2015) and listed HFC-32 as acceptable, subject to use
conditions, in the remaining types of residential and light
commercial air conditioning and heat pumps.
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HFC-32 is also known as R-32 or difluoromethane (CAS Reg. No. 75-
10-5). 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. Redacted submissions and
supporting documentation for HFC-32, HFO-1234yf, and the refrigerant
blends are provided in the docket for this proposed rule (EPA-HQ-OAR-
2023-0043) at https://www.regulations.gov. EPA performed a risk
screening assessment to examine the health and environmental risks of
each of these substitutes. These risk screens are available in the
docket for this proposed rule.36 37 38
39 40 41 42 43
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\36\ ICF, 2023i. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: HFC-32.
\37\ ICF, 2023j. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: HFO-1234yf.
\38\ ICF, 2023k. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-454A (Opteon[supreg] XL40).
\39\ ICF, 2023l. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-454B.
\40\ ICF, 2023m. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-454C (OpteonTM
XL20).
\41\ ICF, 2023n. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-455A (Solstice[supreg]
L40X).
\42\ ICF, 2023o. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-457A (Forane[supreg] 457A).
\43\ ICF, 2023p. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: R-516A (Forane[supreg] 516A).
---------------------------------------------------------------------------
Comparison to other substitutes in this end-use: HFC-32, HFO-
1234yf, and the refrigerant blends R-454A, R-454B, R-454C, R-455A, R-
457A, and R-516A all have an ODP of zero, comparable to or lower than
some of the acceptable substitutes in new commercial ice machines, such
as HFC-134a, R-410A, and R-513A, with ODPs of zero.
HFO-1234yf has a GWP of less than four, comparable to that of R-290
and ammonia with GWPs of 3 and zero. R-454A, R-454B, R-454C, R-455A, R-
457A, and R-516A have GWPs ranging from 140 to 470, higher than some of
the acceptable substitutes for new commercial ice machines, including
R-290 and ammonia with GWPs of 3 and zero, respectively, and lower than
those of other substitutes such as R-450A and R-513A, with GWPs of
about 600 and 630. HFC-32 has a GWP of 675, higher than some of the
acceptable substitutes including R-290, R-450A, and R-513A; however,
the GWP of HFC-32 is lower than those of R-410A and R-404A, with GWPs
of approximately 2,090 to 3,920, which are refrigerants that have
typically been employed in such systems. Our initial evaluation is that
the characteristics of HFC-32 meet the technical needs of larger
commercial ice machines, providing larger charge sizes, greater
capacity and no glide, allowing for even formation of ice, while lower-
GWP alternatives do not. For instance, R-513A and R-450A have lower
capacity than HFC-32, and R-290 is restricted to smaller charge sizes
(see section II.D for further information). Remote appliances using A2L
refrigerants, including remote condensers, may be either self-contained
or field erected and may be factory or field charged.
Information regarding the toxicity of other available alternatives
is provided in the previous listing decisions for new commercial ice
machines (https://www.epa.gov/snap/substitutes-commercial-ice-machines). Toxicity risks of use, determined by the likelihood of
exceeding the exposure limit of HFC-32, HFO-1234yf, and the refrigerant
blends in these end-uses are evaluated in the risk screens referenced
previously. The toxicity risks of using HFC-32, HFO-1234yf, and the
refrigerant blends in new commercial ice machines are comparable to or
lower than toxicity risks of other available substitutes in the same
end-use. Toxicity risks of the proposed refrigerants can be mitigated
by use consistent with UL 60335-2-89, ASHRAE 15-2022, and other
industry standards; recommendations in the manufacturers' SDS; and
other safety precautions common in the refrigeration and AC industry.
The flammability risks of HFC-32, HFO-1234yf, and the refrigerant
blends R-454A, R-454B, R-454C, R-455A, R-
[[Page 33738]]
457A, and R-516A in the new commercial ice machine end-use, determined
by the likelihood of exceeding their respective lower flammability
limits, are evaluated in the risk screens referenced previously in this
section. While these refrigerants may pose greater flammability risk
than other available, non-flammable substitutes in the new commercial
ice machines end-use, this risk can be mitigated by use consistent with
ASHRAE 15-2022 and UL 60335-2-89, required by our proposed use
conditions, as well as recommendations in the manufacturers' SDS and
other safety precautions common in the refrigeration and AC industry.
EPA is proposing 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
commercial ice machines end-use.
In addition, the proposed substitutes have lower GWPs than most
other available alternatives for new commercial ice machines. The
proposed refrigerants provide additional lower-GWP options for
situations where other refrigerants with lower GWPs are not viable,
such as for use of HCs in systems with remote compressors or equipment
requiring larger charge sizes, where equipment using CO2 may
not be able to meet energy conservation standards from the DOE, or
where a refrigerant must have minimal glide to ensure consistent
freezing while manufacturing ice. Given the wide range of applications
and exacting performance requirements for commercial ice machines, not
all refrigerants listed as acceptable under SNAP will be suitable for
the range of equipment in new commercial ice machines. To provide
additional options to ensure the availability of substitutes with lower
GWP for the full range of new commercial ice machines and, therefore,
lower overall risk to human health and the environment, EPA is
proposing the listings for HFC-32, HFO-1234yf, and the refrigerant
blends R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A as
acceptable, subject to use conditions, for use in new commercial ice
machines.
4. Why is EPA proposing these specific use conditions?
EPA is proposing to list HFC-32, HFO-1234yf, and the refrigerant
blends R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A as
acceptable, subject to use conditions, for use in new commercial ice
machines. The use conditions identified in these proposed listings are
explained in section II.H.1 in greater detail.
5. What additional information is EPA including in these proposed
listings?
EPA is providing additional information related to these proposed
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.H.2 for
further discussion on what additional information EPA is including in
these proposed 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.
6. On which topics is EPA specifically requesting comment?
EPA is requesting comment on all aspects of the proposed decision
to list HFC-32, HFO-1234yf, and R-454A, R-454B, R-454C, R-455A, R-457A,
and R-516A acceptable, subject to use conditions, in new commercial ice
machines as discussed in this section II.C. EPA seeks comment on the
risk mitigation offered by the proposed use conditions, including
requiring compliance with UL 60335-2-89, except to the extent the
proposed rule conflicts with the UL Standard, in which case we propose
that the use conditions specified in the rule would apply. We also
request comment on whether EPA should consider other use conditions to
further mitigate potential risk from the proposed refrigerants in this
end-use. EPA requests comment on whether commercial ice machines have
been designed for or manufactured with the refrigerants proposed and
any information on the safety of such equipment in other countries, and
if and how such experience would translate to safe use in the United
States.
D. Commercial Ice Machines--Proposed Revision of Use Conditions in the
Previous Listing of R-290 as Acceptable, Subject to Use Conditions, for
Use in New Self-Contained Commercial Ice Machines
EPA is proposing to revise use conditions in the previous listing
of R-290 as acceptable, subject to use conditions, for use in new self-
contained commercial ice machines. More specifically, EPA previously
listed R-290 as acceptable, subject to use conditions, in new self-
contained commercial ice machines in SNAP Rule 21 (81 FR 86779,
December 1, 2016). In this document, we are proposing to update those
use conditions to be consistent with the most recent U.S. national
standard for commercial refrigeration equipment, including commercial
ice machines, the 2nd edition of UL 60335-2-89. Similar use conditions
would apply to other refrigerants with lower flammability as proposed
in this SNAP action in section II.C above. The proposed revised use
conditions would be allowed for such equipment manufactured on or after
the effective date of any final rule and would not apply to nor affect
equipment manufactured before the effective date of any final action
and manufactured in compliance with the SNAP requirements applicable at
the time of manufacture.
This proposed revision to the use conditions would incorporate by
reference a different industry standard, changing the reference from
Supplement SA to the 8th edition, dated July 31, 2009, of the standard
UL 563, ``Ice Makers'' to the 2nd edition of UL 60335-2-89. EPA is
proposing a transition period during which self-contained commercial
ice machines manufactured with R-290 may follow either the earlier
standard UL 563 or UL 60335-2-89. After the transition period ends,
self-contained commercial ice machines manufactured with R-290 would
need to follow UL 60335-2-89 for purposes of the SNAP program.
Several use conditions proposed for this end-use are similar to
those proposed for other end-uses. Because of this similarity, EPA
discusses the use conditions that would apply to all five end-uses in
section II.H. In summary, the common use conditions proposed include
the following: restricting the use of the refrigerant to new equipment
that is specifically designed for that refrigerant; use consistent with
the 2nd edition of UL 60335-2-89, 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, technicians, and first responders of potential
flammability hazards. The regulatory text of the proposed decisions
appears in tables at the end of this document.
If the regulatory text is finalized as proposed, EPA would revise
the existing listing for R-290 in new self-contained commercial ice
machines in appendix V to 40 CFR part 82, subpart G. The proposed
regulatory text contains listing decisions for new self-contained
commercial ice machines in appendix V, as well as certain other
previous listings that EPA is republishing for purposes of formatting
for the Federal
[[Page 33739]]
Register; EPA is not proposing substantive changes to, and is not
taking comment on, those earlier decisions (i.e., listings for R-290 in
new water coolers and in new very low temperature refrigeration
equipment).
1. Background on commercial ice machines
See section II.C.1 for background on this end-use.
2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE 34-2022 categorizes R-290 as being in the A3 Safety Group.
See section II.A.2 for further discussion on ASHRAE classifications.
3. What is R-290 and were is there information on its use in this end-
use?
See section II.B.3 for further discussion on the identity,
environmental, flammability, toxicity, and exposure information for R-
290.
Redacted submissions and supporting documentation for R-290 are
provided in the docket for this proposed rule (EPA-HQ-OAR-2023-0043) at
https://www.regulations.gov. EPA performed a risk screening assessment
to examine the health and environmental risks of this substitute in
self-contained commercial ice machines. The risk screen is available in
the docket for this proposed rule.\44\
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\44\ ICF, 2023q. Risk Screen on Substitutes in Commercial Ice
Machines (New Equipment); Substitute: (R-290).
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4. What use conditions currently apply to this refrigerant in this end-
use?
EPA previously listed R-290 acceptable, subject to use conditions,
in new self-contained commercial ice machines in SNAP Rule 21 (81 FR
86779, December 1, 2016). Those requirements are codified in appendix V
to 40 CFR part 82, subpart G. EPA provided information on the
environmental and health risks of R-290 and the various substitutes
available at that time for use in this end-use. Additionally, EPA's
previous risk screen for this refrigerant, based on the use conditions
in that rule, is available in the docket for that previous rulemaking
(EPA-HQ-OAR-2015-0663).
R-290 has an ASHRAE classification of A3, indicating that it has
low toxicity and higher flammability. In the presence of an ignition
source (e.g., static electricity, a spark resulting from a closing
door, or a cigarette), an explosion or a fire could occur if the
concentration of R-290 were to exceed the LFL of 21,000 ppm (2.1
percent) by volume.
The use conditions established in the 2016 listing for R-290 in new
self-contained commercial ice machines addressed safe use of this
flammable refrigerant and included the following: incorporation by
reference of Supplement SA to the 8th edition (July 31, 2009, including
revisions through November 29, 2013) of the standard UL 563, ``Ice
Makers''; refrigerant charge size limits based on cooling capacity and
type of equipment; and requirements for markings and warning labels on
equipment using the refrigerant to inform consumers, technicians, and
first responders of potential flammability hazards. Our assessment and
listing decisions in SNAP Rule 21 (81 FR 86779, December 1, 2016) found
that with the use conditions, the overall risk of this substitute,
including the risk due to flammability, was not significantly greater
risk in this end-use than other substitutes that are currently or
potentially available for that same end-use.
5. What updates to the existing use conditions for commercial ice
machines is EPA proposing?
EPA is proposing to update the use conditions that apply to R-290
in new self-contained commercial ice machines manufactured on or after
the effective date of any final rule based on this proposal. Several of
the updated use conditions proposed for use of R-290 in self-contained
commercial ice machines are common to those proposed for the stand-
alone units end-use in section II.B, and other are common to all five
end-uses in this proposed rule. Because of this similarity, EPA
discusses the use conditions that would apply to all five end-uses in
section II.H. For R-290 in self-contained commercial ice machines,
these are the only revised use conditions EPA is proposing. In summary,
with the updates proposed to the use conditions for new self-contained
commercial ice machines, the common use conditions proposed include the
following: restricting the use of the refrigerant to new equipment that
is specifically designed for that refrigerant; use consistent with the
2nd edition of UL 60335-2-89, 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, technicians, and first responders of potential
flammability hazards.
If finalized as proposed, the use conditions in this action would
apply to new self-contained commercial ice machines manufactured on or
after the effective date of the final rule. Any final rule would not
apply to nor affect equipment manufactured before the effective date of
this action and manufactured in compliance with the SNAP use conditions
applicable at the time of manufacture as stipulated in SNAP Rule 21 and
appendix V to 40 CFR part 82, subpart G. EPA views equipment to be
manufactured at the date upon which 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. For new self-contained commercial ice machines, this occurs
at the factory. If this rule is finalized as proposed, new self-
contained commercial ice machines manufactured between January 3, 2017,
and the effective date of the final rule based on this proposal would
be required to meet the use conditions in SNAP Rule 21 (which took
effect January 3, 2017) and as listed in appendix V to 40 CFR part 82,
subpart G (in listing 1), including the use condition incorporating by
reference Supplement SA to the 8th edition of UL 563. Such products
would be permitted to be warehoused and sold through normal channels,
even if they are sold or installed after the effective date of any
final rule based on this proposed rule. Self-contained ice machines
using R-290 manufactured on or after the effective date of any final
rule based on this proposal through September 29, 2024, would be
required to meet the use conditions so finalized and listed in the
revisions to appendix V. Those use conditions would allow manufacturers
of new self-contained commercial ice machines using R-290 to follow
either UL 563 or UL 60335-2-89 from the effective date of any final
rule based on this proposal and would last through September 29, 2024.
On and after September 30, 2024, the use condition for use of R-290 in
equipment that meets UL 60335-2-89 only would apply under SNAP.
EPA is proposing use conditions allowing new self-contained
commercial ice machines to be manufactured consistent with Supplement
SA of UL 563, up to and including September 29, 2024, which is the date
when UL is sunsetting UL 563. Therefore, during the time between the
effective date of any final rule based on this proposal and September
29, 2024, manufacturers would be allowed to follow either UL 563, 8th
Edition or UL 60335-2-89, 2nd Edition. EPA is proposing allowing
manufacturers to adhere to either
[[Page 33740]]
standard for this limited time because the Agency recognizes that
manufacturers may need time to make necessary changes including to
their product labels. The period during which manufacturers may follow
either standard should provide sufficient time for manufacturers to
transition from UL 563 to UL 60335-2-89. EPA proposes that, beginning
September 30, 2024, R-290 may only be used in new self-contained
commercial ice machines that meet all requirements in UL 60335-2-89 for
the purposes of the SNAP program. See section II.H.1 for further
discussion on the requirements of this standard that EPA is proposing
to incorporate by reference.
In addition, we are proposing that manufacturers would need to
follow the set of use conditions that correspond with a specific UL
standard (i.e., when using UL 563, follow all existing use conditions
in listing 1 and when using UL 60335-2-89, follow all use conditions in
listing 3 in the proposed revisions to appendix V). After the
transition period ends, stand-alone units manufactured with R-290 would
need to follow UL 60335-2-89 for purposes of the SNAP program.
EPA also notes that we are not proposing to change two use
conditions that currently apply, nor are we taking comment on those
other use conditions. The use conditions that restrict the use of R-290
to new equipment specifically designed for this refrigerant, and that
require red-colored markings at service ports, pipes, hoses, and other
devices through which the refrigerant is serviced, are current use
conditions for R-290 in new self-contained commercial ice machines.
If the regulatory text is finalized as proposed, EPA would amend to
add use conditions that apply to R-290 in new self-contained commercial
ice machines manufactured on or after the effective date of the final
rule. Equipment manufactured before the effective date of the final
rule would not be affected by this action and would hence be subject to
the current use conditions included in appendix V.
6. How do the proposed use conditions for commercial ice machines
differ from the existing ones and why is EPA proposing to change the
use conditions?
The updated use conditions EPA is proposing are similar to the ones
that exist today in appendix V to 40 CFR part 82, subpart G, for R-290
in this end-use. The proposed requirements that R-290 must be used in
new equipment only and that new self-contained commercial ice machines
must include red markings at service ports, pipes, hoses, and other
devices through which the refrigerant is serviced, are repeated in this
proposed listing. The revised use conditions concern incorporating by
reference the most recent U.S. national standard for commercial ice
machines and labeling requirements consistent with that new standard.
Self-contained commercial ice machines using R-290 manufactured before
the effective date of a final rule based on this proposal would not be
affected by the revised use conditions.
Warning labels are required under EPA's current regulations, and
EPA is proposing to continue to require them, although with some
specific language changes. EPA is proposing warning labels that are
identical to those required as use conditions for the use of R-290 in
self-contained commercial ice machines. EPA finds that using a common
set of labels, similar to those from UL 60335-2-89, would aid in
compliance and could reduce burden for the industry, especially for a
manufacturer that uses more than one refrigerant. EPA is proposing that
the labels must be provided in letters no less than 6.4 millimeter (\1/
4\ inch) high and must be permanent, which is identical to the current
requirement for R-290 in self-contained commercial ice machines.
EPA is proposing to update the standard incorporated by reference
in the use conditions, and after a transition period, replacing the
requirement to follow Supplement SA of the 8th edition of UL 563 with
the proposed requirement to adhere to the 2nd edition of UL 60335-2-89.
UL 60335-2-89 was developed in an open and consensus-based approach,
with the assistance of experts in the refrigeration and AC industry as
well as experts involved in assessing the safety of products. The
revision cycle for the 2nd edition, including final recirculation,
concluded with its publication on October 27, 2021. The 2021 standard
UL 60335-2-89 replaces the previously published version of several
standards, including UL 563, which had already been revised into an 8th
edition by that time. EPA was aware of the continuing progress of UL
Standards to address flammable refrigerants more appropriately. In this
document, we are proposing such a change knowing that UL is replacing
the standard to which such equipment is certified from UL 563 to the
newer UL 60335-2-89 as of September 30, 2024.
To allow time for manufacturers of self-contained commercial ice
machines to transition between the current use condition using the 8th
edition of UL 563, and the new use condition using the 2nd edition of
UL 60335-2-89, EPA is proposing to allow R-290 to be used in self-
contained commercial ice machines manufactured either following UL 563
or UL 60335-2-89 during a transition period. We propose that transition
period would begin on the effective date of any final rule based on
this proposal and would last through September 29, 2024. It is EPA's
understanding that UL intends to sunset UL 563 on September 29, 2024,
and EPA is proposing to coordinate with that sunset date. Beginning
September 30, 2024, the use condition in effect would only allow R-290
to be used in new self-contained commercial ice machines that follow UL
60335-2-89. In addition, we are proposing that manufacturers would need
to follow the set of use conditions that correspond with a specific UL
standard (i.e., when using UL 563, follow all use conditions in listing
1 and when using UL 60335-2-89, follow all use conditions in listing 3
in the proposed revisions to appendix V).
Incorporating UL 60335-2-89 by reference in a use condition would
allow the industry to manufacture and test refrigeration equipment
following the most recent standard, which provides additional
flexibility and safeguards when using flammable refrigerants. The
transition period when equipment may follow either UL standard would 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.
Another proposed revision to the use conditions is the limit on
charge sizes. The current use conditions from SNAP Rule 21 require the
charge sizes from UL 563 calculated consistent with UL 563, with a
maximum charge size of 150 g allowed. The proposed revised use
conditions for equipment manufactured on or after the effective date of
any final rule would allow charge sizes calculated based on UL 60335-2-
89, which would allow charge sizes of R-290 up to approximately 500 g
for open equipment, 300 g for equipment with doors or drawers, or 115 g
for equipment near a pathway for egress. These changes would allow the
use of R-290 in larger equipment than previously and would provide more
options for industry, while maintaining safety.
Because of the differences between UL 563 and UL 60335-2-89, EPA
performed a new risk screen for R-290 as a refrigerant in commercial
ice
[[Page 33741]]
machines.\45\ In this risk screen, EPA adjusted charge sizes to be
consistent with the larger charge sizes allowed for R-290 under UL
60335-2-89. The risk screen also considered the impact of mitigation
methods such as valves that would restrict the amount of refrigerant
that could be released. The updated risk screen found that
concentrations of R-290 still would not exceed the LFL when used
according to the proposed use condition and consistent with UL 60335-2-
89, and thus the proposed new use conditions would also address
potential flammability risks of using R-290.\46\ In addition, the risk
screen modeled the reasonable worst-case scenario of short-term
exposure (15-minute TWA) due to a catastrophic release of the charge.
Under this highly conservative scenario, the worst-case exposure was
still significantly lower than the ATEL of 50,000 ppm.\47\ For further
information, see the risk screen in the docket for this rulemaking.
---------------------------------------------------------------------------
\45\ ICF, 2023q. Op. cit.
\46\ Ibid.
\47\ Ibid.
---------------------------------------------------------------------------
7. What additional information is EPA including in this proposed
listing?
EPA is providing additional information related to this proposed
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.H.2 for
further discussion on what additional information EPA is including in
these proposed listings. EPA notes that the additional information is
similar to, but not identical with, the addition information in the
listing for R-290 in self-contained commercial ice machines in SNAP
Rule 21. EPA is proposing additional information consistent with that
included in the other proposed listings for stand-alone units in this
rule and consistent with that included in the listings for R-290 as
acceptable, subject to use conditions, in self-contained commercial ice
machines in Rule 21. 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.
8. On which topics is EPA specifically requesting comment?
EPA is requesting comment on all aspects of the proposed updates to
the use conditions as discussed in this section II.D. EPA requests
comments on the proposed change in use conditions and if and how such
change would affect the safety of self-contained commercial ice
machines using R-290. EPA is requesting comment on the risk mitigation
offered by compliance with the current version of the standard proposed
as use conditions, i.e., UL 60335-2-89, the nature of updates proposed
for this standard, and the expected timeline for those updates. The
Agency also requests comment on allowing a transition period where
either of two sets of use conditions, including either UL 563 or UL
60335-2-89, may be followed and on the specific dates for the
transition period. EPA is requesting comment on the applicability of
the 2nd edition of UL 60335-2-89 to new self-contained commercial ice
machines, including which types of equipment, under which applications
the standard applies, and whether the listing of R-290 should apply to
commercial ice machines that have a remote compressor and are not self-
contained.
E. Industrial Process Refrigeration--Proposed Listing of HFC-32, HFO-
1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and R-
516A as Acceptable, Subject to Use Conditions, for Use in New
Industrial Process Refrigeration
EPA is proposing to list HFC-32, HFO-1234yf, HFO-1234ze(E), and the
refrigerant blends R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A
as acceptable, subject to use conditions, for use in new industrial
process refrigeration.
Most of the use conditions proposed for the proposed A2L
refrigerants when used in IPR are the same as those proposed for other
end-uses. Because of this similarity, EPA discusses the use conditions
that would apply to all five end-uses in section II.H. In summary, the
common use conditions proposed include the following: restricting the
use of each refrigerant to new equipment that is specifically designed
for that refrigerant; use consistent with the 2nd edition of UL 60335-
2-89, 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, technicians, and first responders of potential flammability
hazards.
The following use condition also applies for R-32 and R-454B in
industrial process refrigeration: these substitutes may only be used in
chillers for IPR.
The following use condition also applies for R-454A in IPR: this
substitute may only be used either in chillers for IPR, in equipment
with a refrigerant charge capacity less than 200 pounds, or in the high
temperature side of a cascade system.
The regulatory text of the proposed decisions appears in tables at
the end of this document. If finalized as proposed, this text would be
codified in appendix Y to 40 CFR part 82, subpart G. The proposed
regulatory text contains listing decisions for the end-use discussed
above. EPA notes that there may be other legal obligations pertaining
to the manufacture, use, handling, and disposal of the proposed
refrigerants that are not included in the information listed in the
tables (e.g., the CAA section 608(c)(2) venting prohibition, or DOT
requirements for transport of flammable gases). Flammable refrigerants
being recovered or otherwise disposed of from IPR equipment are likely
to be hazardous waste under RCRA (see 40 CFR parts 260 through 270).
1. Background on Industrial Process Refrigeration
IPR systems cool process streams in industrial applications, for
example, machining of metal products, fermentation of beer, or
operation of hydraulic circuits. The choice of substitute for specific
applications depends on ambient and required operating temperatures and
pressures. It is EPA's understanding that this type of equipment
generally falls under the scope of UL 60335-2-89, ``Requirements for
Commercial Refrigerating Appliances and Ice-Makers with an Incorporated
or Remote Refrigerant Unit or Motor-Compressor.'' In contrast,
industrial process air conditioning primarily cools people, may also
cool processes, and follows a different UL standard. In addition,
sometimes chillers are used primarily to cool process streams, rather
than for comfort cooling. EPA describes this application as ``chillers
in IPR.''
2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE 34-2022 categorizes the refrigerants proposed for IPR in
this section as being in the A2L Safety Group. See section II.A.2 for
further discussion on ASHRAE classifications.
3. What are HFC-32, HFO-1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C,
R-455A, R-457A, and R-516A and how do they compare to other
refrigerants in the same end-use?
See section II.A.3 for further discussion on the environmental,
flammability, toxicity, and exposure information for these
refrigerants.
[[Page 33742]]
The redacted submission and supporting documentation for HFC-32,
HFO-1234yf, HFO-1234ze(E), blends R-454A, R-454B, R-454C, R-455A, R-
457A, and R-516A is provided in the docket for this proposed rule (EPA-
HQ-OAR-2023-0043) at https://www.regulations.gov. EPA performed risk
screening assessments to examine the health and environmental risks of
these substitutes. These risk screens are available in the docket for
this proposed rule.48 49 50 51 52 53 54 55 56
---------------------------------------------------------------------------
\48\ ICF, 2023r. Risk Screen on Substitutes in Industrial
Process Refrigeration (New Equipment); Substitute: HFC-32
(Difluoromethane).
\49\ ICF, 2023s. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: HFO-1234yf.
\50\ ICF, 2023t. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: HFO-1234ze(E) (Solstice[supreg]
ze, Solstice[supreg] 1234ze).
\51\ ICF, 2023u. Risk Screen on Substitutes in Industrial
Process Refrigeration and Cold Storage Warehouses (New Equipment);
Substitute: R-454A (Opteon[supreg] XL40).
\52\ ICF, 2023v. Risk Screen on Substitutes in Industrial
Process Refrigeration (New Equipment); Substitute: R-454B
(Opteon[supreg] XL41).
\53\ ICF, 2023w. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R-454C (OpteonTM
XL20).
\54\ ICF, 2023x. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R-455A (Solstice[supreg] L40X).
\55\ ICF, 2023y. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R-457A.
\56\ ICF, 2023z. Risk Screen on Substitutes in Industrial
Process Refrigeration, Cold Storage Warehouses, and Ice Skating
Rinks (New Equipment); Substitute: R-516A.
---------------------------------------------------------------------------
Comparison to other substitutes in this end-use: HFC-32, HFO-
1234yf, HFO-1234ze(E), and blends R-454A, R-454B, R-454C, R-455A, R-
457A, and R-516A all have an ODP of zero, comparable to or lower than
some of the acceptable substitutes in new IPR equipment, such as HFC-
134a, R-410A, and R-513A with ODPs of zero and hydrochlorofluoroolefin
(HCFO)-1233zd(E) with an ODP less than 0.0004.\57\
---------------------------------------------------------------------------
\57\ WMO, 2018.
---------------------------------------------------------------------------
HFO-1234yf and HFO-1234ze(E) have GWPs less than four and less than
six, respectively, comparable to that of R-290 and ammonia with GWPs of
3 and zero. R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A have
GWPs ranging from 140 to 470, higher than some of the acceptable
substitutes for new IPR equipment, including R-290 and ammonia, and
lower than those of other substitutes such as R-450A and R-513A with
GWPs of about 600 and 630. HFC-32 has a GWP of 675, which is higher
than some of the acceptable substitutes including R-290, R-450A, and R-
513A; however, the GWP of HFC-32 is lower than those of R-410A and R-
404A, with GWPs of approximately 2,090 to 3,920, which are refrigerant
that have typically been employed in chillers for IPR.
Information regarding the toxicity of other available alternatives
is provided in the previous listing decisions for new IPR (https://www.epa.gov/snap/substitutes-industrial-process-refrigeration).
Toxicity risks of use, determined by the likelihood of exceeding the
exposure limits of HFC-32, HFO-1234yf, HFO-1234ze(E), R-454A, R-454B,
R-454C, R-455A, R-457A, and R-516A in this end-use, is evaluated in the
risk screens referenced above. The toxicity risks of using HFO-1234yf
and the refrigerant blends in IPR, and of using all nine refrigerants
in chillers for IPR, are comparable to or lower than toxicity risks of
other available substitutes in the same end-use. Toxicity risks of the
proposed refrigerants can be mitigated by use consistent with ASHRAE
15-2022 and other industry standards, recommendations in the
manufacturers' SDS, and other safety precautions common in the
refrigeration and AC industry.
The flammability risks with HFC-32, HFO-1234yf, HFO-1234ze(E), R-
454A, R-454B, R-454C, R-455A, R-457A, and R-516A in the IPR 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 available substitutes in the new IPR end-use
that are non-flammable, this risk can be mitigated by use consistent
with ASHRAE 15-2022 and UL 60335-2-89, required by our proposed use
conditions, as well as recommendations in the manufacturers' SDS and
other safety precautions common in the refrigeration and AC industry.
We also note that other acceptable refrigerants in the IPR end-use have
higher flammability and are classified in the A3 Safety Group, such as
R-290, butane (R-600), and propylene (R-1270). EPA is proposing use
conditions to reduce the potential risk associated with the
flammability of the proposed alternatives so that they will not pose
significantly greater risk than other acceptable substitutes in the new
IPR end-use.
In addition, the proposed substitutes have lower GWPs than most
other available alternatives for the same uses. The proposed
refrigerants may provide additional lower-GWP options for situations
where other refrigerants with lower GWPs are not viable, such as
situations where sparks or flame might occur such that HCs are not
suitable for use, or for systems with remote compressors or equipment
requiring larger charge sizes, where refrigerant leaks are more likely
to create greater flammability risk. Given the wide range of
applications for IPR, not all refrigerants listed as acceptable under
SNAP will be suitable for the range of equipment in the IPR end-use. To
provide additional options to ensure the availability of substitutes
for the full range of IPR equipment with lower GWP and, therefore,
lower overall risk to human health and the environment, EPA is
proposing the listings for HFO-1234yf, HFO-1234ze(E), R-454C, R-455A,
R-457A, and R-516A as acceptable, subject to use conditions, for use in
IPR.
EPA is also proposing to list the refrigerants HFC-32 and R-454B
with a use condition restricting their use to chillers in IPR. These
refrigerants have higher GWPs than the other refrigerants EPA is
proposing to list as acceptable, subject to use conditions; lower GWPs
than many currently listed acceptable substitutes for IPR that are
commonly in use; and lower flammability than HC refrigerants currently
listed as acceptable in IPR. The Agency expects that these refrigerants
may provide additional, lower-GWP options for chillers for IPR, where
greater volumetric capacity and higher operating pressures may be
required to operate properly than for other types of IPR equipment
(e.g., direct expansion systems), to address applications where other
substitutes with lower GWPs may not be technically feasible.
EPA is also proposing to list the refrigerant R-454A with a use
condition that this substitute may only be used either in chillers for
IPR, in equipment with a refrigerant charge capacity less than 200
pounds, or in the high temperature side of a cascade system. This
refrigerant may provide additional, lower-GWP options for chillers for
IPR, where greater volumetric capacity and higher operating pressures
may be required to operate properly than for other types of IPR
equipment. R-454A may also address the additional challenges for
finding lower GWP refrigerants with higher capacity for ice skating
rinks with moderate charge sizes and for cascade systems, EPA is
proposing to list R-454A as acceptable, subject to use conditions, for
use in new ice skating rinks with a charge size capacity less than 200
pounds or for use
[[Page 33743]]
in the high-temperature side of a cascade system.
4. Why is EPA proposing these specific use conditions?
The use conditions identified in the proposed listings above for
all nine refrigerants are explained in section II.H.1 in greater
detail.
EPA is proposing the use condition for HFC-32 and R-454B
restricting their use to chillers for IPR because these substitutes
have higher GWPs than many of the available substitutes in IPR (e.g.,
HCs, HFOs); however, because chillers may require greater volumetric
capacity than other types of IPR equipment (e.g., DX systems), EPA is
proposing to list these two additional refrigerants to provide
additional options and to address a broader range of equipment and
applications. EPA also is proposing a use condition for R-454A that
would allow its use in chillers for IPR, as well as other certain other
applications, as described below in this section. In addition, the
Agency previously listed HFC-32, R-454A, and R-454B as acceptable,
subject to use conditions, in centrifugal and positive displacement
chillers for comfort cooling in SNAP Rule 25. EPA is proposing to list
the same refrigerants the same way for the same type of equipment
(chillers) because of similar technical issues, such as volumetric
capacity and operating pressure, which restrict the technical viability
of alternatives for some applications.
EPA is proposing to list R-454A as acceptable, subject to use
conditions, in IPR with a use condition that this substitute may only
be used in chillers for IPR, in equipment with a refrigerant charge
capacity less than 200 pounds or in the high-temperature side of a
cascade system. EPA is proposing to allow use of R-454A for use in
chillers for IPR for the same reasons as above for HFC-32 and R-454B.
The Agency is also proposing this use condition to allow use of R-454A
less broadly than for the refrigerants HFO-1234yf, HFO-1234ze(E), R-
454C, R-455A, R-457A, and R-516A because its GWP is higher than those
other proposed listings for non-chiller IPR equipment (that has a GWP
of about 240, compared to less than four to 150). EPA's understanding
is that, in addition to the technical constraints for refrigerant in
chillers, there are two more situations where use of refrigerants is
likely to be more constrained, and thus, additional refrigerant options
may be helpful. The first of those situations is in what industry
standard ASHRAE 15-2022 identifies as a refrigerating system having a
``high probability'' that leaked refrigerant from a failed connection,
seal, or component could enter an occupied area. An example of such a
constraint is that ASHRAE 15-2022 and UL 60335-2-89 effectively set
charge limits for A2L refrigerants to less than 200 pounds for
applications inside an occupied space where people might be located. In
contrast, larger charge sizes could be used in ``low-probability''
locations where the general public is unlikely to come in contact with
the refrigerant, such as systems used outdoors or in a machinery room
with access restricted to facility employees. Where the general public
is unlikely to come into contact with any leaked refrigerant, such as
where charge sizes of 200 pounds or more of A2L refrigerant would be
allowed under the use conditions incorporating UL 60335-2-89 and ASHRAE
15-2022, there would be fewer space constraints and greater flexibility
in equipment design, so refrigeration system designers can accommodate
a narrower set of substitutes. Conversely, where people are more likely
to come into contact with any leaked refrigerant in an interior space,
refrigerant charge capacities of a system would be less than 200
pounds; there would be more space constraints, less flexibility in
equipment design, and potentially stricter code requirements, leading
to a need for more refrigerant options. Allowing the additional option
of R-424A for non-chiller IPR equipment with smaller refrigerant
charges would enable the use of a wider set of available substitutes to
manage safety (in particular, flammability and toxicity), as well as
allowing more options to achieve adequate performance where there may
be more constraints. Therefore, EPA is proposing to list R-454A as
acceptable, subject to use conditions, only for non-chiller IPR
equipment with a refrigerant charge capacity less than 200 pounds.
EPA is also proposing to list R-454A as acceptable, subject to use
conditions, for use in the high temperature side of cascade systems
used for non-chiller IPR equipment. As discussed above in section
II.A.1, ``Background on retail food refrigeration,'' each system of a
cascade system uses a different refrigerant that is most suitable for
the given temperature range. Higher temperature systems, or the ``high
temperature side,'' have typically used HFCs as a refrigerant; however,
it is technologically achievable and has become more common to use
ammonia in the high temperature side. For lower temperature systems, or
the ``low temperature side'' of the cascade system, low boiling
refrigerants such as R-744 can be used. Considerations for the choice
of refrigerant on the high or low temperature side of cascade systems
are influenced by many factors including, but not limited to, a
refrigerant's toxicity and flammability, its temperature glide, and its
suitability to lower temperature applications. EPA understands that use
of flammable or toxic refrigerants, such as ammonia, on the high
temperature side of a cascade may be limited in certain circumstances
(e.g., based on building codes and/or standards). EPA notes that there
are a number of substitutes available for the low temperature side of
the cascade system with GWPs lower than that of R-454A. Therefore,
instead of proposing to list R-454A as acceptable, subject to narrowed
use limits and subject to use conditions, EPA is proposing to list R-
454A as acceptable, subject to use conditions, when it is used in the
high temperature side of cascade systems; this would expand the
refrigerant options that can comply with local building codes and
industry safety standards while meeting the more challenging
application of the high temperature side of a cascade system.
5. What additional information is EPA including in these proposed
listings?
EPA is providing additional information related to these proposed
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.H.2 for
further discussion on what additional information EPA is including in
these proposed 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.
6. On which topics is EPA specifically requesting comment?
EPA is requesting comment on all aspects of the proposed decision
to list HFC-32, HFO-1234yf, HFO-1234ze(E), and the refrigerant blends
R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A acceptable, subject
to use conditions, in IPR as discussed in this section II.E. EPA seeks
comment on the risk mitigation offered by the proposed use conditions,
including requiring compliance with the 2nd edition of UL 60335-2-89,
except to the extent the proposed rule conflicts with the UL standard,
in which case we propose that the conditions specified in the rule
would apply. We also request comment
[[Page 33744]]
on whether other use conditions would offer needed risk mitigation for
the flammable refrigerants proposed. EPA requests comment on whether
types of IPR equipment have been designed for the refrigerants
proposed; any information on the safety of such equipment in other
countries; and if and how such experience would translate to safe use
in the United States. The Agency requests comment on whether HFC-32, R-
454A, and R-454B should be listed as acceptable for chillers in IPR
given their higher GWP than some other alternatives listed as
acceptable, if they should not be listed in IPR at all, or if they
should be listed as acceptable for all types of IPR equipment, and if
so, why. Depending on public comments and information received, EPA may
revise the substitutes listed with a use condition for use only in
chillers for IPR or may not finalize some of the proposed listings.
F. Cold Storage Warehouses--Proposed Listing of HFO-1234yf, HFO-
1234ze(E), R-454A, R-454C, R-455A, R-457A and R-516A as Acceptable,
Subject to Use Conditions, for Use in New Cold Storage Warehouses
EPA is proposing to list HFO-1234yf, HFO-1234ze(E), and the
refrigerant blends R-454A, R-454C, R-455A, R-457A, and R-516A as
acceptable, subject to use conditions, for use in new cold storage
warehouses.
Several use conditions proposed for cold storage warehouses are
common to those proposed for the other end-uses in this rule. Because
of this similarity, EPA discusses the use conditions that would apply
to all five end-uses in section II.H. In summary, the common use
conditions proposed include the following: restricting the use of each
refrigerant to new equipment that is specifically designed for that
refrigerant; use consistent with the 2nd edition of UL 60335-2-89,
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, technicians, and
first responders of potential flammability hazards.
The following proposed use condition would also apply to R-454A in
cold storage warehouses: this substitute may only be used either in
equipment with a refrigerant charge capacity less than 200 pounds or in
the high temperature side of a cascade system.
The regulatory text of the proposed decisions appears in tables at
the end of this document. If finalized as proposed, this text would be
codified in appendix Y to 40 CFR part 82, subpart G. The proposed
regulatory text contains listing decisions for the end-use discussed
above. EPA notes that there may be other legal obligations pertaining
to the manufacture, use, handling, and disposal of the proposed
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 cold storage warehouses are likely to be hazardous waste under
RCRA (see 40 CFR parts 260 through 270).
1. Background on Cold Storage Warehouses
Cold storage warehouses, an end-use within the SNAP program, are
refrigerated warehousing and are used to preserve meat, produce, dairy
products, and other perishable goods prior to their distribution and
sale.
Refrigerant choices depend on the refrigerant charge, ambient
temperatures and the temperature required, system performance, energy
efficiency, and health, safety and environmental considerations, among
other things. The majority of cold storage warehouses in the United
States use ammonia as the refrigerant in a vapor compression cycle,
although some rely on other refrigerants. In addition to regulations
pursuant to the SNAP program, other federal or local regulations may
also affect refrigerant choice. For instance, regulations from OSHA may
restrict or place requirements on the use of some refrigerants, such as
ammonia (R-717). Building codes from local and state agencies may also
incorporate limits on the charge size of particular refrigerants. EPA
understands that this type of equipment falls under the scope of UL
60335-2-89, ``Household and Similar Electrical Appliances--Safety--Part
2-89: Requirements for Commercial Refrigerating Appliances and Ice-
Makers with an Incorporated or Remote Refrigerant Unit or Motor-
Compressor.''
EPA is proposing to list HFO-1234yf, HFO-1234ze(E), R-454A, R-454C,
R-455A, R-457A, and R-516A as acceptable, subject to use conditions, in
new cold storage warehouses.
2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE 34-2022 categorizes the refrigerants proposed for cold
storage warehouses in this section as being in the A2L Safety Group.
See section II.A.2 for further discussion on ASHRAE classifications of
these refrigerants.
3. What are HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A,
and R-516A and how do they compare to other refrigerants in the same
end-use?
See section II.A.3 for further discussion on the environmental,
flammability, toxicity, and exposure information for HFO-1234yf, HFO-
1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A.\58\
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\58\ 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 R-454A, R-454C, and R-
457A as acceptable subject to use conditions as substitutes in
residential and light commercial AC and HPs (86 FR 24444, May 6,
2021).
---------------------------------------------------------------------------
Redacted submissions and supporting documentation for HFO-1234yf,
HFO-1234ze(E), and the refrigerant blends are provided in the docket
for this proposed rule (EPA-HQ-OAR-2023-0043) at https://www.regulations.gov. EPA performed risk screening assessments to
examine the health and environmental risks of each of these
substitutes. These risk screens are available in the docket for this
proposed rule.59 60 61 62 63 64 65
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\59\ ICF, 2023s. Op. cit.
\60\ ICF, 2023t. Op. cit.
\61\ ICF, 2023u. Op. cit.
\62\ ICF, 2023w. Op. cit.
\63\ ICF, 2023x. Op. cit.
\64\ ICF, 2023y. Op. cit.
\65\ ICF, 2023z. Op. cit.
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Comparison to other substitutes in this end-use: HFO-1234yf, HFO-
1234ze(E), and R-454A, R-454C, R-455A, R-457A, and R-516A all have an
ODP of zero, comparable to or lower than some of the acceptable
substitutes in this end-use, such as ammonia with an ODP of zero and
HCFO-1233zd(E) with an ODP less than 0.0004.
HFO-1234yf and HFO-1234ze(E) have GWPs less than four and less than
six, respectively, comparable to that of (HCFO)-1233zd(E),
CO2, and ammonia with GWPs of 3.7, one, and zero
respectively. R-454A, R-454C, R-455A, R-457A, and R-516A have GWPs
ranging from 140 to 270, higher than some of the acceptable substitutes
for new cold storage warehouses, including HCFO-1233zd(E),
CO2, and ammonia with GWPs of 3.7, one, and zero,
respectively, and lower than those of other acceptable substitutes such
as R-450A, R-513A, and R-407F with GWPs of about 600, 630, and 1,820,
respectively.
Information regarding the toxicity of other available alternatives
is provided in the listing decisions previously made (see https://
www.epa.gov/snap/
[[Page 33745]]
substitutes-cold-storage-warehouses). Toxicity risks of use, determined
by the likelihood of exceeding the exposure limit of HFO-1234yf, HFO-
1234ze(E), and the refrigerant blends in these end-uses, are evaluated
in the risk screens referenced above. The toxicity risks of using HFO-
1234yf, HFO-1234ze(E), and the refrigerant blends in commercial
refrigeration are comparable to or lower than toxicity risks of other
available substitutes in the same end-use. Toxicity risks of the
proposed refrigerants can be minimized by use consistent with ASHRAE
15-2022 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, HFO-1234ze(E), R-454A, R-
454C, R-455A, R-457A, and R-516A in this end-use, 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 flammability risk than other
available, non-flammable substitutes in the same end-use, this risk can
be minimized by use consistent with ASHRAE 15-2022 and other industry
standards such as UL 60335-2-89--which is required by our proposed use
conditions--as well as recommendations in the manufacturers' SDS and
other safety precautions common in the refrigeration and AC industry.
EPA is proposing 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.
The proposed refrigerants provide additional lower-GWP options for
situations where other refrigerants with lower GWPs are not viable,
such as for use of ammonia in systems with remote compressors or in
locations where local regulations restrict its use, or where a lower
pressure refrigerant like HCFO-1233zd(E) is not technically viable. Not
all refrigerants listed as acceptable under SNAP will be suitable for
the range of equipment in the cold storage warehouse end-use. To
provide additional options to ensure the availability of substitutes
for the full range of cold storage warehouses with lower GWP and,
therefore, lower overall risk to human health and the environment, EPA
is proposing the listings for HFO-1234yf, HFO-1234ze(E), R-454C, R-
455A, R-457A, and R-516A as acceptable, subject to use conditions, for
use in all types of cold storage warehouses. In addition, to account
for the additional challenges for finding lower GWP refrigerants for
cold storage warehouses with moderate charge sizes and for cascade
systems, EPA is proposing to list R-454A as acceptable, subject to use
conditions, for use in cold storage warehouses with a charge size
capacity less than 200 pounds or for use in the high-temperature side
of a cascade system.
4. Why is EPA proposing these specific use conditions?
The proposed use conditions identified in the proposed listings
above are explained in section II.H.1.
This proposal applies to end-uses covered by UL 60335-2-89,
including the SNAP cold storage warehouses end-use. In addition, ASHRAE
15-2022 applies to these refrigeration systems.
The standard UL 60335-2-89 discussed in section II.H indicates that
refrigerant charges greater than a specific amount (called
``m3'' in the standard and based on the refrigerant's LFL)
are beyond its scope and that national standards might apply, such as
ASHRAE 15-2022. Hence, EPA is proposing to require adherence to both
standards as use conditions for cold storage warehouses, broadening the
coverage under this proposed rule.
EPA is proposing to incorporate by reference ASHRAE 15-2022,
including all addenda published by the date of this proposal, in use
conditions that apply to use of the proposed A2L refrigerants in new
cold storage warehouses. Where the requirements specified in this
proposed rule (if finalized) and ASHRAE 15-2022 differ, the
requirements of this rule would apply.
EPA recognizes that ASHRAE 15-2022 is undergoing continuous
maintenance with publication of periodic addenda and is typically
updated and republished every three years. While this proposed rule
incorporates all addenda to ASHRAE 15-2022 published by the date of
this proposal, there may be additional changes by the time EPA issues a
final rule based upon this proposal. However, given EPA would not have
reviewed and proposed use conditions based on those changes, EPA is not
proposing to include addenda or other changes made to ASHRAE 15-2022
after the date of the proposed rule.
EPA is proposing to list R-454A as acceptable, subject to use
conditions, in cold storage warehouses with a use condition that this
substitute may only be used either in equipment with a refrigerant
charge capacity less than 200 pounds or in the high-temperature side of
a cascade system. The Agency is proposing this use condition to allow
use of R-454A less broadly than for the other refrigerants proposed for
use in cold storage warehouses because its GWP is higher than those of
the other proposed listings for this end-use (about 240, compared to
less than four to 150). EPA's understanding is that there are two
particular situations where use of refrigerants could be more
constrained, and thus, additional refrigerant options may be helpful.
The first of those situations is in what the industry standard ASHRAE
15-2022 identifies as a refrigerating system having a ``high
probability'' that leaked refrigerant from a failed connection, seal,
or component could enter an occupied area. An example of such a
constraint is that ASHRAE 15-2022 and UL 60335-2-89 effectively set
charge limits for A2L refrigerants to less than 200 pounds for
applications inside occupied areas. In contrast, larger charge sizes
could be used in ``low-probability'' locations where people are
unlikely to come in contact with the refrigerant, such as systems used
outdoors or in a machinery room with access restricted to employees.
Where people are unlikely to come into contact with any leaked
refrigerant, such as where charge sizes of 200 pounds or more of A2L
refrigerant would be allowed under the use conditions incorporating UL
60335-2-89 and ASHRAE 15-2022, there would be fewer space constraints
and greater flexibility in equipment design, so refrigeration system
designers can accommodate a narrower set of substitutes. Conversely,
where people are more likely to come into contact with any leaked
refrigerant in an interior space, refrigerant charge capacities of a
system would be less than 200 pounds; there would be more space
constraints, less flexibility in equipment design, and potentially
stricter code requirements, leading to a need for more refrigerant
options. Allowing the additional option of R-454A for cold storage
warehouses with smaller refrigerant charges would enable the use of a
wider set of available substitutes to manage safety (in particular,
flammability and toxicity), as well as allowing more options to achieve
adequate performance where there may be more constraints. Therefore,
EPA is proposing to list R-454A as acceptable, subject to use
conditions, only for cold storage warehouses with a refrigerant charge
capacity less than 200 pounds.
EPA is also proposing to list R-454A as acceptable, subject to use
conditions, for use in the high temperature side of cascade systems
used for cold storage
[[Page 33746]]
warehouses. As discussed above in section II.A.1, ``Background on
retail food refrigeration,'' each system of a cascade system uses a
different refrigerant that is most suitable for the given temperature
range. Higher temperature systems, or the ``high temperature side,''
have typically used HFCs as a refrigerant; however, it is
technologically achievable and has become more common to use ammonia in
the high temperature side. For lower temperature systems, or the ``low
temperature side'' of the cascade system, low boiling refrigerants such
as R-744 can be used. Considerations for the choice of refrigerant on
the high or low temperature side of cascade systems are influenced by
many factors including, but not limited to, a refrigerant's toxicity
and flammability, its temperature glide, and its suitability to lower
temperature applications. EPA understands that use of flammable or
toxic refrigerants, such as ammonia, on the high temperature side of a
cascade may be limited in certain circumstances (e.g., based on
building codes and/or standards). EPA notes that there are a number of
substitutes available for the low temperature side of the cascade
system with GWPs lower than that of R-454A. Therefore, instead of
proposing to list R-454A as acceptable, subject to narrowed use limits
and subject to use conditions, EPA is proposing to list R-454A as
acceptable, subject to use conditions, when it is used in the high
temperature side of cascade systems; this would expand the refrigerant
options that can comply with local building codes and industry safety
standards while meeting the more challenging application of the high
temperature side of a cascade system.
5. What additional information is EPA including in these proposed
listings?
EPA is providing additional information related to these proposed
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.H.2 for
further discussion on what additional information EPA is including in
these proposed 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.
6. On which topics is EPA specifically requesting comment?
EPA is requesting comment on all aspects of the proposed decision
to list HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, and
R-516A acceptable, subject to use conditions, in new cold storage
warehouses as discussed in this section II.F. EPA seeks comment on the
risk mitigation offered by the proposed use conditions, including
requiring compliance with the 2nd edition of UL 60335-2-89 under the
SNAP program, except to the extent the proposed rule conflicts with the
UL Standard, in which case we propose that the use conditions specified
in the rule would apply. The Agency takes comment on our proposal to
limit R-454A to use either in equipment with a refrigerant charge
capacity less than 200 pounds or in the high temperature side of a
cascade system. We also request comment on whether EPA should consider
other use conditions to further mitigate potential risk from
refrigerants. EPA requests comment on whether cold storage warehouses
have been designed for or manufactured with the refrigerants proposed
and any information on the safety of such equipment in other countries,
and if and how such experience would translate to safe use in the
United States.
G. Ice Skating Rinks--Proposed Listing of HFO-1234yf, HFO-1234ze(E), R-
454C, R-455A, R-457A, and R-516A as Acceptable, Subject to Use
Conditions, for Use in New Ice Skating Rinks With a Remote Compressor
EPA is proposing to list HFO-1234yf, HFO-1234ze(E), and the
refrigerant blends R-454C, R-455A, R-457A, and R-516A as acceptable,
subject to use conditions, for use in new ice skating rinks.
Several use conditions proposed for ice skating rinks with a remote
compressor are common to those proposed for other end-uses. Because of
this similarity, EPA discusses the use conditions that would apply to
all five end-uses in section II.H. For ice skating rinks with remote
compressors, those are the only use conditions EPA is proposing. In
summary, the common use conditions proposed include the following:
restricting the use of each refrigerant to new equipment that is
specifically designed for that refrigerant; use consistent with the 2nd
edition of UL 60335-2-89, 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, technicians, and first responders of potential flammability
hazards.
The regulatory text of the proposed decisions appears in tables at
the end of this document. If finalized as proposed, this text would be
codified in appendix Y to 40 CFR part 82, subpart G. EPA notes that
there may be other legal obligations pertaining to the manufacture,
use, handling, and disposal of the proposed refrigerants that are not
included in the information listed in the tables (e.g., the CAA section
608(c)(2) venting prohibition, or DOT requirements for transport of
flammable gases). Flammable refrigerants being recovered or otherwise
disposed of from ice skating rinks are likely to be hazardous waste
under RCRA (see 40 CFR parts 260 through 270).
1. Background on Ice Skating Rinks
Ice skating rinks, an end-use within the SNAP program, are used by
the general public for recreational purposes and also include
professional rinks. These systems frequently use secondary loop
refrigeration systems, where a primary loop containing a refrigerant
uses a remote compressor that is in a location away from the public,
such as a machinery room, and a secondary loop, containing propylene
glycol, water, or another innocuous fluid, is used to directly cool the
ice. Other types of refrigeration systems for ice skating rinks use a
direct heat exchange system, where the refrigerant moves directly under
the rink. The proposed listings would apply only to ice skating rinks
that have a remote compressor.
Refrigerant choice depends on the refrigerant charge; ambient
temperatures and the temperature required; system performance; energy
efficiency; and health, safety, and environmental considerations, among
other things. In addition to regulations pursuant to the SNAP program,
other federal or local regulations may also affect refrigerant choice.
For instance, regulations from OSHA may restrict or place requirements
on the use of some refrigerants, such as ammonia (R-717). Building
codes from local and state agencies may also incorporate limits on the
amount of particular refrigerants used. Acceptable substitutes in use
today for new ice skating rinks include ammonia, CO2, HCFO-
1233zd(E) as well as HFCs and HFC/HFO blends. These can be used alone
or in combination with other refrigerants in other parts of the
equipment, depending on the equipment and its design (e.g., a secondary
loop contains one refrigerant while the primary loop contains a
different refrigerant). This type of equipment falls under the scope of
UL 60335-2-89, ``Requirements for Commercial Refrigerating Appliances
and Ice-Makers with an Incorporated or
[[Page 33747]]
Remote Refrigerant Unit or Motor-Compressor.''
2. What are the ASHRAE classifications for refrigerant flammability?
ASHRAE Standard 34-2022 categorizes the refrigerants proposed for
ice skating rinks in this section as being in the A2L Safety Group. See
section II.A.2 for further discussion on ASHRAE classifications of
these refrigerants.
3. What are HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-
516A and how do they compare to other refrigerants in the same end-use?
See section II.A.3 for further discussion on the environmental,
flammability, toxicity, and exposure information for these
refrigerants.\66\
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\66\ 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 R-454C, and R-457A as
acceptable, subject to use conditions, as substitutes in residential
and light commercial AC and HPs (86 FR 24444, May 6, 2021).
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Redacted submissions and supporting documentation for HFO-1234yf,
HFO-1234ze(E) and the blends R-454C, R-455A, R-457A and R-516A are
provided in the docket for this proposed rule (EPA-HQ-OAR-2023-0043) at
https://www.regulations.gov. EPA performed a risk screening assessment
to examine the health and environmental risks of each of these
substitutes. These risk screens are available in the docket for this
proposed rule.67 68 69 70 71 72
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\67\ ICF, 2023s. Op. cit.
\68\ ICF, 2023t. Op. cit.
\69\ ICF, 2023w. Op. cit.
\70\ ICF, 2023x. Op. cit.
\71\ ICF, 2023y. Op. cit.
\72\ ICF, 2023z. Op. cit.
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Comparison to other substitutes in this end-use: HFO-1234yf, HFO-
1234ze(E) and R-454C, R-455A, R-457A, and R-516A all have an ODP of
zero, comparable to or lower than some of the acceptable substitutes in
this end-use, such as ammonia with an ODP of zero and HCFO-1233zd(E)
with an ODP of less than 0.0004.
HFO-1234yf and HFO-1234ze(E) have GWPs of less than four and less
than six, respectively, comparable to or lower than that of other
acceptable substitutes for new ice skating rinks, such as ammonia,
CO2, and HCFO-1233zd(E) with GWPs of zero, one, and 3.7,
respectively.
R-454C, R-455A, R-457A, and R-516A have GWPs, ranging from about
140 to 150, which are higher than that of other acceptable substitutes
for ice skating rinks, including ammonia, CO2, and HCFO-
1233zd(E) with GWPs of zero, one, and 3.7, respectively. The GWPs of
HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A are lower
than some of the acceptable substitutes for new ice skating rinks, such
as R-450A, R-449A, and R-507A with GWPs of approximately 600, 1,400,
and 3,990, respectively.
Information regarding the toxicity of other available alternatives
is provided in the listing decisions previously made (see https://www.epa.gov/snap/substitutes-ice-skating-rinks). Toxicity risks of use,
determined by the likelihood of exceeding the exposure limit of HFO-
1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A in these end-
uses, are evaluated in the risk screens referenced above. The toxicity
risks of using HFO-1234yf, HFO-1234ze(E), and R-454C, R-455A, R-457A
and R-516A in ice skating rinks with remote compressors are comparable
to or lower than toxicity risks of other available substitutes in the
same end-use. Toxicity risks of the proposed refrigerants can be
minimized by use consistent with ASHRAE 15-2022--which would be
required by our proposed use conditions--and other industry standards,
recommendations in the manufacturers' SDS, and other safety precautions
common in the refrigeration and AC industry.
The potential flammability risks of HFO-1234yf, HFO-1234ze(E) R-
454C, R-455A, R-457A, and R-516A in this end-use, 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 flammability risk than other
available substitutes in the same end-use, this risk can be minimized
by use consistent with ASHRAE 15-2022 and other industry standards such
as UL 60335-2-89--which is required by our proposed use conditions--as
well as recommendations in the manufacturers' SDS and other safety
precautions common in the refrigeration and AC industry. EPA is
proposing 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. In addition, EPA is proposing to limit these listings to
equipment with a remote compressor. Such equipment reduces the chances
of exposure to the general public compared to refrigerants that are
piped directly under an ice skating rink. This also can reduce the
amount of refrigerant used, potentially reducing climate impacts of any
refrigerant released.
In addition, the proposed substitutes have lower GWPs than most
other available alternatives for the same end-use. The proposed
refrigerants may provide additional lower-GWP options for situations
where other refrigerants with lower GWPs are not viable, such as in
locations where local regulations restrict use of ammonia. Not all
refrigerants listed as acceptable under SNAP will be suitable for the
range of equipment in the ice skating rinks end-use. To provide
additional options to ensure the availability of substitutes with lower
GWP for more ice skating rinks and, therefore, lower overall risk to
human health and the environment, EPA is proposing the listings for
HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A as
acceptable, subject to use conditions, for use in new ice skating
rinks.
4. Why is EPA proposing these specific use conditions?
The use conditions identified in the proposed listings above are
explained in section II.H.1.
This proposal applies to end-uses covered by UL 60335-2-89,
including the SNAP ice skating rinks end-use. In addition, ASHRAE 15-
2022 applies to these refrigeration systems.
The standard UL 60335-2-89 discussed in section II.H indicates that
refrigerant charges greater than a specific amount (called
``m3'' in the standard and based on the refrigerant's LFL)
are beyond its scope and that national standards might apply, such as
ASHRAE 15-2022. Hence, EPA is proposing to require adherence to both
standards as use conditions for ice skating rinks, broadening the
coverage under this proposed rule.
EPA is proposing to incorporate by reference ASHRAE 15-2022,
including all addenda published by the date of this proposal, in use
conditions that apply to use of the proposed A2L refrigerants in new
ice skating rinks. Where the requirements specified in this proposed
rule (if finalized) and ASHRAE 15-2022 differ, the requirements of this
rule would apply.
EPA recognizes that ASHRAE 15-2022 is undergoing continuous
maintenance with publication of periodic addenda and is typically
updated and republished every three years. While this proposed rule
incorporates all addenda to ASHRAE 15-2022 published by the date of
this proposal, there may be additional changes by the time EPA issues a
final rule based upon this proposal. However, given EPA would not have
reviewed
[[Page 33748]]
and proposed use conditions based on those changes, EPA is not
proposing to include addenda or other changes made to ASHRAE 15-2022
after the date of the proposed rule.
EPA is proposing a use condition that the six A2L refrigerants may
only be used in new equipment that includes a remote compressor. This
is intended to ensure that these flammable refrigerants, which are
likely to use large charge sizes, are only used in situations where the
refrigerant is removed from the presence of ice skaters and other
members of the general public. This would reduce the likelihood of
exposure or leaks of the refrigerant near the general public and
instead allow facility employees and trained technicians to control
access to the refrigerant.
5. What additional information is EPA including in these proposed
listings?
EPA is providing additional information related to these proposed
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.H.2 for
further discussion on what additional information EPA is including in
these proposed 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.
6. On which topics is EPA specifically requesting comment?
EPA is requesting comment on all aspects of this proposed decision
to list HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A
as acceptable, subject to use conditions, in new ice skating rinks with
a remote compressor as discussed in this section II.G. We request
comment on our initial evaluation and our proposal to find HFO-1234yf,
HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A acceptable, subject
to use conditions, for use in new ice skating rinks. EPA seeks comment
on the risk mitigation offered by the proposed use conditions,
including requiring compliance with the 2nd edition of UL 60335-2-89,
except to the extent the proposed rule conflicts with the UL Standard,
in which case we propose that the use conditions specified in the rule
would apply. We also request comment on whether EPA should consider
other use conditions to further mitigate potential risk from
refrigerants. EPA requests comment on whether equipment for such ice
skating rinks with remote compressors in the United States has already
been designed or manufactured for the refrigerants proposed and any
information on the safety of such equipment in other countries, and if
and how such experience would translate to safe use in the United
States. The Agency also requests comment on whether these listings
should be restricted to ice skating rinks with a remote compressor, if
they should be allowed for any ice skating rink, or if they should be
limited to a different subset of ice skating rinks (e.g., for use only
in the primary loop of a secondary loop systems).
H. Use Conditions and Further Information for Retail Food
Refrigeration, Commercial Ice Machines, Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks With a
Remote Compressor
1. What use conditions is EPA proposing and why?
As described above, EPA is proposing to list:
HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-
516A as acceptable, subject to use conditions, for use in new equipment
in stand-alone units, remote condensing units, supermarket systems, and
refrigerated food processing and dispensing equipment;
R-454A as acceptable, subject to use conditions, for use
in new equipment in remote condensing units and supermarket systems;
R-290 as acceptable, subject to use conditions, for use in
new refrigerated food processing and dispensing equipment;
HFC-32, HFO-1234yf, R-454A, R-454B, R-454C, R-455A, R-
457A, and R-516A as acceptable, subject to use conditions, for use in
new commercial ice machines;
HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A,
and R-516A as acceptable, subject to use conditions, for used in new
IPR equipment and HFC-32 and R-454B, for use in new chillers for IPR;
HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A,
and R-516A as acceptable, subject to use conditions, for use in new
cold storage warehouses; and
HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-
516A as acceptable, subject to use conditions, for use in new ice
skating rinks with remote compressors.
In addition, EPA is proposing to update the use conditions that
apply to the existing listings of:
R-290 as acceptable, subject to use conditions, for use in
new retail food refrigeration stand-alone units; and
R-290 as acceptable, subject to use conditions, for use in
new self-contained commercial ice machines.
These use conditions are summarized in the listings under preamble
units II.A, II.C, II.E, II.F, and II.G, and the revisions to the use
conditions are summarized under preamble units II.B and II.D and are
explained here in greater detail. The proposed use conditions (either
as new listings or revisions to an existing listing) include
restricting the use of each refrigerant to new equipment that is
specifically designed for the refrigerant; use consistent with the 2nd
edition of UL 60335-2-89, 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, technicians, and first responders of potential flammability
hazards. The specific use conditions are intended to allow for the use
of these flammable 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 proposing 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. EPA is
unaware of information on how to address hazards if these flammable
refrigerants were to be used in equipment that was designed for non-
flammable refrigerants. Given the flammable nature of these
refrigerants, the fact that EPA is unaware of information to assess the
risk if such retrofits were allowed, and because the refrigerants were
not submitted to the SNAP program for retrofits, EPA has not reviewed
them for retrofit applications for this proposal and is only proposing
that they may be used in new equipment which can be properly designed
for their use. This proposed 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
To ensure safe use of the proposed flammable refrigerants, EPA is
[[Page 33749]]
proposing to incorporate by reference certain industry consensus safety
standards in a use condition. Specifically, the Agency is proposing
that the flammable refrigerants may be used only in equipment that
meets all requirements in the 2nd edition of UL 60335-2-89.
Currently, new stand-alone units using R-290 are subject to a use
condition to meet the requirements of Appendix SB of the 10th edition
of the standard UL 471. If this rule becomes final as proposed, stand-
alone units using R-290 manufactured before the effective date could
continue to be used under SNAP and would remain in compliance with the
SNAP use conditions as long as they met the applicable use conditions
when they were manufactured. EPA is proposing that new stand-alone
units using R-290 manufactured from the effective date of the final
rule through September 29, 2024, must meet the requirements of either
Appendix SB of the 10th edition of UL 471 or the 2nd edition of UL
60335-2-89. The Agency is also proposing that new stand-alone units
using R-290 that are manufactured on or after September 30, 2024, must
meet the requirements of the 2nd edition of UL 60335-2-89, rather than
the earlier UL standards.
Currently, new self-contained commercial ice machines using R-290
must meet the requirements of Appendix SA of the 8th edition of UL 563.
If this rule becomes final as proposed, commercial ice machines using
R-290 manufactured before the effective date of a final rule could
continue to be used under SNAP and would remain in compliance with the
SNAP use conditions as long as they met the applicable use conditions
when they were manufactured. EPA is proposing that new self-contained
commercial ice machines using R-290 that are manufactured from the
effective date of the final rule through September 29, 2024, must meet
the requirements of either Appendix SA of the 8th edition of UL 563 or
the 2nd edition of UL 60335-2-89. The Agency is also proposing that new
self-contained commercial ice machines using R-290 that are
manufactured on or after September 30, 2024, must meet the requirements
of the 2nd edition of UL 60335-2-89, rather than the earlier UL
standards.
UL 60335-2-89 includes 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. UL 60335-2-89 was
developed in an open and consensus-based approach, with the assistance
of experts in the AC and refrigeration industry as well as experts
involved in assessing the safety of products. Those participating in
the UL 60335-2-89 consensus standards process have tested equipment for
flammability risk and evaluated the relevant scientific studies. While
similar standards exist from other bodies such as the International
Electrotechnical Commission (IEC), we are proposing 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 listing
determinations for flammable refrigerants (e.g., 76 FR 78832, December
20, 2011; 80 FR 19454, April 10, 2015; 86 FR 24444, May 6, 2021; and 87
FR 45508, July 28, 2022).
A summary of the requirements of UL 60335-2-89 as they affect the
proposed refrigerants and end-uses is offered here for information only
and does not provide a complete review of the requirements in this
standard.
The requirements in UL 60335-2-89 reduce the risk to workers and
consumers posed by flammable refrigerants. UL 60335-2-89 limits the
amount of refrigerant allowed in each type of appliance based on
several factors explained in that standard. The standard specifies
requirements for installation space of an appliance (e.g., room floor
area) and/or ventilation or other requirements that are determined
according to the refrigerant charge used in the appliance, the
installation location, and the type of ventilation of the location or
of the appliance. Annex DVU provides guidance on how to apply the
requirements to allow for safe use of A2L refrigerants. The 2nd edition
of UL 60335-2-89 contains provisions for safety mitigation when using
larger charges of A2L refrigerants or when using A2L refrigerants in
equipment with a remote compressor. 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 measures are required. In certain applications,
refrigerant detection systems (as described in Annex 101.DVP,
Refrigerant detection systems for A2L refrigerants); mitigation means
(as described in Annex 101.DVU, including air circulation, ventilation,
shut off valves, etc.); and refrigerant sensors (as described in
101.DVP, Refrigerant sensor for REFRIGERANT DETECTION SYSTEMS) are
required. Where air circulation (i.e., fans) is required in accordance
with Annex 101.DVU, 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 101.DVU1.7
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 101.DVU, UL 60335-2-89 has a requirement for
the maximum charge for an appliance using a flammable refrigerant,
including A2L, A2, and A3 refrigerants. Additional requirements exist
for charge sizes exceeding three times the LFL.
Systems with refrigerant charges exceeding certain amounts are
outside the scope of UL 60335-2-89; however, national standards apply
instead, namely, ASHRAE 15-2022. Specifically, if the refrigeration
circuit with the greatest mass of an A2L 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 UL 60335-2-89. In such situations, the refrigerant would
need to be used in outdoor equipment or in a machinery room and the
installation would need to meet the requirements of ASHRAE 15-2022. For
self-contained equipment using an A3 refrigerant, the maximum charge
size is 13 times the LFL (500 g of R-290) for equipment that is open
and contains no doors or drawers and eight times the LFL (300 g of R-
290) for equipment with doors or drawers. EPA expects that many types
of retail refrigeration equipment could exceed these charge thresholds
and therefore is proposing that an additional safety standard, ASHRAE
15-2022, apply to commercial refrigeration equipment using A2L
refrigerants, as discussed in section II.A. Certain key provisions of
ASHRAE 15-2022 are described above in section II.A; that standard
supplements, rather than replaces, UL 60335-2-89, by providing
instructions for installation of equipment and requirements for
situations beyond the scope of UL 60335-2-89, e.g., for use in
refrigeration
[[Page 33750]]
systems with large charge sizes in a machinery room or outdoors.
Warning Labels--Equipment With A2L Refrigerants
As a use condition or revision to existing use conditions, EPA is
proposing to require labeling of refrigerating systems used in retail
food refrigeration equipment, commercial ice machines, IPR equipment,
cold storage warehouses, and ice skating rinks (``equipment'')
containing the proposed lower flammability (A2L) refrigerants. The text
of these labels can also be found in Annex 101.DVV of UL 60335-2-89.
EPA is proposing 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:
1. On the outside of the unit: ``WARNING--Risk Of Fire. Flammable
Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do
Not Puncture Refrigerant Tubing''
2. On the outside of the equipment: ``WARNING--Risk of Fire.
Dispose of Properly In Accordance With Federal Or Local Regulations.
Flammable Refrigerant Used''
3. 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''
4. 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 stand-alone units, self-contained commercial
ice machines, and self-contained refrigerated food processing and
dispensing equipment would be packaged, and hence this label would be
placed as stipulated in item 1 above. EPA expects that other types of
commercial refrigeration equipment could be provided packaged or not,
and this label would be placed as stipulated in item 1 or 2,
respectively.
5. On indoor unit 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 2nd edition of UL 60335-2-89. 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 5.1. above or at the top of the marking if
5.1. 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 floor 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.
6. For non-fixed equipment, including on the outside of the
appliance: ``WARNING--Risk of Fire or Explosion--Store in a well-
ventilated room without continuously operating flames or other
potential ignition.''
7. 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.''
Labeling requirements 1., 2., and 3. above apply to all
refrigeration equipment; labeling requirement 4. applies only to self-
contained equipment that is pre-charged by the manufacturer (e.g.,
stand-alone units or self-contained commercial ice machines); labeling
requirement 5. applies only to equipment with a remote compressor, also
called a ``split'' or ``remote'' system (e.g., remote condensing unit,
supermarket system, or refrigerating system for an ice skating rink
with a remote compressor). A piece of refrigeration equipment that may
be moved from one location to another and is typically self-contained
is referred to as ``non-fixed'' in labeling requirement 6. (e.g.,
stand-alone units).
EPA notes that Annex 101.DVV of UL 60335-2-89 specifies that the
labels must include text with a font size that is no less than 3.2 mm
(\1/8\ inch) high for A2L refrigerants, while the Agency is proposing a
larger, more visible font size of 6.4 mm (\1/4\ inch). The Agency is
concerned that it is difficult to see warning labels with the minimum
lettering height requirement of \1/8\ inch in UL 60335-2-89. Therefore,
as in the requirements in our previous rules for use of A2L
refrigerants in residential and light commercial air conditioning and
heat pumps (80 FR 19453, April 10, 2015; 86 FR 24444, May 6, 2021), as
well as our previous rules for HC refrigerants (76 FR 78832, December
20, 2011; 80 FR 19453, April 10, 2015; 81 FR 86778, December 1, 2016),
EPA is proposing to require the minimum height for lettering must be
\1/4\ inch as opposed to \1/8\ inch. This would make it easier for
technicians, consumers, retail storeowners, and first responders to
view the warning labels.
Warning Labels--Equipment With A3 Refrigerants, Including R-290
As a proposed use condition for refrigerated food processing and
dispensing equipment and a proposed revision to existing use conditions
for stand-alone units and commercial ice machines, EPA is proposing to
require labeling of such equipment containing R-290. The text of these
labels can also be found in Annex 101.DVV of UL 60335-2-89. EPA is
proposing 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:
1. On the outside of the unit: ``DANGER''--Risk Of Fire Or
Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained
Service Personnel. Do Not Puncture Refrigerant Tubing''.
2. On the outside of the equipment: ``WARNING--Risk of Fire or
Explosion. Dispose of Properly In Accordance With Federal Or Local
Regulations. Flammable Refrigerant Used''.
3. On the inside of the equipment near the compressor: ``DANGER--
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''.
4. For any equipment pre-charged at the factory, on the equipment
packaging or on the outside of the equipment: ``DANGER--Risk of Fire or
Explosion 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 stand-alone units and self-contained
commercial ice machines and self-contained refrigerated food processing
and dispensing equipment would be packaged, and hence this label would
be placed as stipulated in item 1 above. EPA expects that other types
of commercial refrigeration equipment
[[Page 33751]]
could be provided packaged or not, and this label would be placed as
stipulated in item 1 or 2, respectively.
5. On indoor unit 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 2nd edition of UL 60335-2-89. 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 5.1. above or at the top of the marking if
5.1. 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.
6. For non-fixed equipment, including on the outside of the
appliance: ``WARNING--Risk of Fire or Explosion--Store in a well-
ventilated room without continuously operating flames or other
potential ignition.''
7. For fixed equipment that is ducted, near the nameplate:
``WARNING--Risk of Fire or Explosion--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.''
The text of the warning labels, above, is exactly the same as that
required in UL 60335-2-89, with the exception of the label identified
in 5., which is similar to that in UL 60335-2-89. The text for A3
refrigerants differs slightly from that for A2L refrigerants, sometimes
using the word ``DANGER'' instead of ``WARNING,'' and sometimes
referring to ``Risk of Fire or Explosion'' instead of ``Risk of Fire.''
For R-290 and other A3 refrigerants, UL 60335-2-89 requires the labels
to be no less than 6.4 mm (\1/4\ inch) high in the standard, the same
as EPA is proposing in this action. As in the requirements in our
previous rules for A3 refrigerants (i.e., 76 FR 78832, December 20,
2011; 80 FR 19454, April 10, 2015; and 81 FR 86778, December 1, 2016),
EPA is proposing that the minimum height for lettering be \1/4\ inch,
which would make it easier for technicians, consumers, retail
storeowners, first responders, and those disposing the appliance to
view the warning labels.
Markings
EPA is proposing to require as a use condition that the
refrigerants must be used in refrigerating equipment that has red,
Pantone[supreg] Matching System (PMS) #185 or RAL 3020 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. EPA has applied
this same use condition in past actions for flammable refrigerants (76
FR 78832, December 20, 2011; 80 FR 19454, April 10, 2015; 81 FR 86778,
December 1, 2016; 86 FR 24444, May 6, 2021; and 87 FR 45508, July 28,
2022). Our understanding of UL 60335-2-89 is that red markings similar
to those proposed are required by UL 60335-2-89 for all flammable
refrigerants. EPA is proposing that such markings apply to the proposed
listings for flammable refrigerants as well to establish a common,
familiar, and standard means of identifying the use of a flammable
refrigerant.
These red markings would help technicians immediately identify the
use of a flammable refrigerant, thereby 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 in SNAP listings, color-coded hoses or
pipes must be used for ethane, HFC-32, R-452B, R-454A, R-454B, R-454C,
R-457A, R-600a, R-290, 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. The intent of this aspect of
the proposal is to alert 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 SNAP Rule
19, 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
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 proposing 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 believes having two such warning
methods is 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;
80 FR 19454, April 10, 2015; 86 FR 24444, May 6, 2021; and 87 FR 45508,
July 28, 2022).
EPA also is proposing to add a new marking to be placed near the
service port or other location where charging occurs; on the label on
the outside of the unit; and either on the appliance packaging, if the
refrigeration equipment is charged at the factory or on the nameplate
or control panel for refrigeration equipment that is charged in place.
These locations correspond with the locations for red markings and for
the labels 1. and 4. mentioned above on the outside of the
refrigerating unit, and either on the packaging, or on the nameplate or
control panel. UL 60335-2-89 describes markings in section 7, including
a triangular symbol with a white picture of a flame on a red
background, similar in size and shape to that of the International
Organisation for Standardisation (ISO) symbol 7000-W021, but with
different coloration (Clause 7.6DV D1). EPA is proposing a new diamond
symbol for ``Caution, risk of fire'' that would be used in addition to
the red triangle in Clause 7.6DV D1 of UL 60335-2-89. The diamond
symbol hazard category 1 flammable gases would need to be at least 15
mm (9/16 inches) high.
EPA understands that in consultation with different fire service
groups, such as the International Association of Fire
[[Page 33752]]
Fighters, UL and its standard-setting committees have been considering
appropriate symbols to alert first responders to the presence and
potential hazards of flammable refrigerant. One symbol under
consideration is an equal-sided diamond with a red outline and a flame
symbol on a white background, together with the refrigerant class from
ASHRAE 34-2022 (e.g., A2L or A3) to be written in text not less than
one-third of the height of the symbol. This symbol is included as the
warning symbol for hazard category 1 flammable gases in the 9th edition
of the GHS for communicating risks of chemicals.\73\ This symbol for
hazard category 1 flammable gases is included in the 4th edition of UL
60335-2-40 (December 2022), UL's most recent safety standard for air
conditioning equipment, heat pumps, and humidifiers, and is being
considered for adoption in the future 3rd edition of UL 60335-2-89. It
is found in section 1.2 of Annex 1 of the 9th edition of the GHS. You
may see the proposed symbol for hazard category 1 flammable gases in
the docket for this rulemaking under the title, ``Proposed Flammability
Hazard Symbol.''
---------------------------------------------------------------------------
\73\ GHS, 2021. GHS Pictogram for Hazard Category 1 Flammable
Gases from Annex 1 to the 9th edition of the Global Harmonized
System of Classification and Labelling of Chemicals, 2021. You may
find the GHS document online at https://unece.org/sites/default/files/2021-9/GHS_Rev9E_0.pdf or from the United Nations Publications
section at: https://shop.un.org/books/global-harmon-syst-class-9-92280.
---------------------------------------------------------------------------
EPA is proposing to add this symbol to ensure the adoption of a
symbol for ``Caution, risk of fire'' that is likely to be recognized by
first responders in the United States as well as internationally. The
symbol ISO 7000-W021, used in other UL standards for refrigerating
equipment, is a black flame symbol on a yellow triangle. U.S.
organizations representing fire fighters have raised concerns about
that symbol, since it could refer to a highly reactive oxidizer, rather
than a flammable substance. This is relevant because first responders
would take different actions for an oxidizer from those for a flammable
substance. EPA is proposing to include the GHS diamond symbol for
hazard category 1 flammable gases prior to UL's adoption of it in UL
60335-2-89 to provide an additional warning about flammability hazard
that is more likely to be recognizable by first responders and
internationally than the current symbol in UL 60335-2-89.
2. What additional information is EPA including in these proposed
listings?
For retail food refrigeration, commercial ice machines, IPR, cold
storage warehouses, and ice skating rinks with remote compressors, EPA
is proposing to include recommendations, 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 proposing to include 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.
3. On which topics is EPA specifically requesting comment?
EPA is requesting comment on all aspects of the proposed use
conditions described above and the appropriateness for applying these
use conditions to the listings for A2L refrigerants used in retail food
refrigeration, commercial ice machines, IPR and chillers for IPR, cold
storage warehouses, and ice skating rinks with remote compressors in
sections II.A, II.C, II.E, II.F, and II.G, respectively.
EPA is requesting comment on all aspects of the proposed use
conditions described above and the appropriateness for applying these
use conditions to the listing for R-290 used in refrigerated food
processing and the proposed revisions to the use conditions in existing
listings for R-290 in stand-alone units and self-contained commercial
ice machines in sections II.B and II.D.
EPA is requesting comment on the applicability of UL 60335-2-89 to
commercial refrigeration equipment, including for which types of
equipment and under which applications the standard applies. We
likewise are requesting comment on the applicability of UL 60335-2-89
to commercial ice machines, IPR equipment, cold storage warehouses, and
ice skating rinks with remote compressors.
Also, with regard to UL 60335-2-89, EPA is requesting comment on
the status of the standard, the modifications that are being or have
been incorporated in it, how those modifications would change the risk
associated with the use of the proposed flammable refrigerants in these
end-uses, and the appropriateness of adopting as a use condition the
current (2nd) edition of this standard.
EPA is also requesting comment on requiring labeling, the height of
the lettering, the proposed diamond symbol for hazard category 1
flammable gases, and the likelihood of labels remaining on a product
throughout the lifecycle of the product, including its disposal.
I. Proposed Exemption for R-290 From the Venting Prohibition Under CAA
Section 608 for Refrigerated Food Processing and Dispensing Equipment.
1. What is EPA's proposed determination regarding whether venting,
releasing, or disposing of R-290 in refrigerated food processing and
dispensing equipment would pose a threat to the environment?
As described in section I.A above, under section 608(c)(2) of the
CAA, 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. Under section 608(c)(2), this prohibition
applies to any substitute refrigerant unless the Administrator
determines that such venting, releasing, or disposing does not pose a
threat to the environment. As discussed in section II.B above, EPA is
proposing to list the refrigerant substitute R-290 under the SNAP
program as acceptable, subject to use conditions, in newly manufactured
refrigerated food processing and dispensing equipment. EPA is also
proposing to exempt R-290 in this end-use from the venting prohibition
under CAA section 608(c)(2), on the basis of current evidence that the
venting, release, or disposal of this substance in this end-use and
subject to the use conditions in this proposed action does not pose a
threat to the environment.
For purposes of CAA section 608(c)(2), EPA considers two factors in
determining whether or not venting, release, or disposal of a
refrigerant substitute during the maintenance, servicing, repairing, or
disposing of appliances poses a threat to the environment. See 69 FR
11948, March 12, 2004; 79 FR 29682, May 23, 2014; 80 FR 19453, April
10, 2015; and 81 FR 86778, December 1, 2016. First, EPA analyzes the
threat to the environment due to inherent characteristics of the
[[Page 33753]]
refrigerant substitute, such as GWP or photochemical reactivity.
Second, EPA determines whether and to what extent venting, release, or
disposal actually takes place during the maintenance, servicing,
repairing, or disposing of appliances, and to what extent such actions
are controlled by other authorities, regulations, or practices. To the
extent that such releases are adequately controlled by other
authorities, EPA defers to those authorities.
Potential Environmental Impacts
EPA has evaluated the potential environmental impacts of releasing
R-290 into the environment, a substitute that we are proposing to list
under the SNAP program as acceptable, subject to use conditions, in
refrigerated food processing and dispensing equipment. We assessed the
potential impact of the release of R-290 on local air quality and its
ability to decompose in the atmosphere to form ground-level ozone, its
ODP, its GWP, and its potential impacts on ecosystems. We found that
the sizes of these impacts were not large enough to pose a threat to
the environment. R-290's ODP is zero and its GWP is approximately
three. R-290 is highly volatile and typically evaporates or partitions
to air, rather than contaminating surface waters. Thus, R-290's effects
on aquatic life are expected to be small.
As to potential effects on local air quality, R-290 meets the
definition of VOC under CAA regulations (see 40 CFR 51.100(s)) and is
not excluded from that definition for the purpose of developing SIPs to
attain and maintain the NAAQS. R-290's maximum incremental reactivity
(MIR) of 0.56 g O3/g R-290 is higher and more reactive than
that of the compound ethane (MIR of 0.26 g O3/g ethane),
which EPA uses as a threshold to determine whether substances may have
negligible photochemical reactivity in the lower atmosphere
(troposphere). EPA performed air quality modeling on a number of
scenarios to determine if emissions of HC refrigerants could have a
significant impact on local air quality, particularly in certain cities
with particularly difficult challenges in achieving attainment of the
NAAQS for ground-level ozone. Based on the analysis and modeling
results described in section II.B.3, EPA proposes to conclude that the
release of R-290 from the refrigerated food processing and dispensing
end-use, in addition to the HCs previously listed as acceptable,
subject to use conditions, for their specific end-uses, is expected to
have little impact on local air quality. In this regard, EPA found
particularly noteworthy that even assuming 100 percent market
penetration of R-290 and the other acceptable HCs in the acceptable
end-uses, which is a conservative assumption, the highest impact for a
single 8-hour average ozone concentration based on that analysis would
be 0.05 ppb in Los Angeles, 0.008 in Houston, and 0.005 in Atlanta
compared to the NAAQS at 70 ppb.\74\
---------------------------------------------------------------------------
\74\ ICF, 2016. Additional Follow-on Assessment of the Potential
Impact of Hydrocarbon Refrigerants on Ground Level Ozone
Concentrations. September, 2016.
---------------------------------------------------------------------------
In addition, when examining all HC substitute refrigerants in those
uses for which UL currently has standards in place, for which the SNAP
program has already listed the uses as acceptable, subject to use
conditions, or for which the SNAP program is reviewing a submission,
including those in this proposed action, we found that even if all the
HC refrigerant substitutes in appliances in end-uses proposed to be
listed acceptable, subject to use conditions, in this action and listed
as acceptable in previous rules were to be emitted, there would be a
worst-case impact of less than 0.15 ppb for ground-level ozone in the
Los Angeles area.\75\ The use conditions established in the prior SNAP
listings limited the total amount of R-290 in each refrigerant circuit
to 60 g or less (for water coolers) or 150 g or less (for other end-
uses), depending on the end-use. Because R-290 is not listed as
acceptable for use in all refrigerant uses, the total amount of R-290
that could be emitted in the end-uses evaluated is estimated at roughly
ten percent of total refrigerant emissions, or less than 16,000 metric
tons annually.\76\ In comparison, total anthropogenic VOC emissions
were estimated at 19.6 million metric tons in 2017.\77\ Further, there
are other substitute refrigerants that are not VOC that may also be
used in these end-uses, so our analysis assuming complete market
penetration of HCs is conservative.
---------------------------------------------------------------------------
\75\ ICF, 2014a. Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations.
February 2014.
\76\ Ibid.
\77\ U.S. EPA, 2020. 2017 National Emissions Inventory Report.
U.S. Environmental Protection Agency. Available online at https://gispub.epa.gov/neireport/2017/.
---------------------------------------------------------------------------
EPA also has performed more recent air quality analysis,
considering additional end-uses and refrigerants that have been listed
acceptable more recently (e.g., R-1150 in very low temperature
refrigeration), looking out to 2040, and using updated models.\78\ EPA
found that the revised air quality models showed slightly greater
impacts compared to our 2014 and 2016 analyses in all scenarios. For
example, in the worst-case scenarios where the most reactive HC
refrigerant, propylene, was used broadly across the refrigeration and
AC industry, the worst-case increase in ground-level ozone was 8.62 ppb
in Los Angeles in the 2020 analysis compared to 7.8 ppb in Los Angeles
in an analysis in 2016 looking at the same scenario with the same
refrigerant. Changes to the Community Multiscale Air Quality (CMAQ)
model, more updated refrigerant emissions estimates from EPA's
Vintaging Model, as well as the longer time-period considered, resulted
in the changes. The 2016 analysis found that even assuming 100 percent
market penetration of R-290 and the other acceptable HCs in the end-
uses where they are already listed as acceptable, subject to use
conditions, or were under review, which is a conservative assumption,
the highest impact for a single 8-hour average ozone concentration
based on the 2016 analysis would be 0.05 ppb in Los Angeles and less
than 0.01 ppb in Houston and Atlanta.\79\ Looking at the 2020 analysis,
in the scenarios that estimated emissions assuming that HC refrigerants
listed as acceptable, subject to use conditions, reached 100 percent
market penetration, the worst-case increase in ground-level ozone in
Los Angeles was 0.012 ppb, in Houston was 0.009 ppb, and in Atlanta was
0.006 ppb. Unlike the 2016 analysis, the 2020 analysis did not include
modeling of propylene or the propylene blend R-443A in certain end-
uses, as those refrigerants were listed as unacceptable in SNAP Rule 21
(81 FR 86778, December 1, 2016). The modeled changes to ground-level
ozone levels were less than 0.017 percent of the NAAQS 8-hour ozone
concentration of 70 ppb.\80\ EPA considers this to further support the
Agency's earlier conclusions in 2015 and 2016 that use of saturated HCs
as refrigerants, including release of R-290, R-600a, and R-441A during
repairing, maintaining, servicing, or disposing of appliances, would
not result in a significant increase in ground-level ozone.
---------------------------------------------------------------------------
\78\ ICF, 2020. Additional Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. May
2020. Updated models included VM IO file_v5.1_10.01.19 and CMAQ
5.2.1 with carbon bond 06 (CB06) mechanism, as cited in ICF, 2020.
\79\ ICF, 2016. Additional Follow-on Assessment of the Potential
Impact of Hydrocarbon Refrigerants on Ground Level Ozone
Concentrations. September 2016.
\80\ ICF, 2020. Op cit.
---------------------------------------------------------------------------
[[Page 33754]]
Considering our evaluation of these potential environmental
impacts, EPA proposes to conclude that R-290 in the refrigerated food
processing and dispensing end-use is not expected to pose a threat to
the environment on the basis of the inherent characteristics of this
substance and the limited quantities used in the relevant end-use.
Authorities, Controls, or Practices
EPA expects that existing authorities, controls, and/or practices
will mitigate environmental risk from the release of R-290. Analyses
performed for both this rule and the SNAP rules issued in 1994, 2011,
2015, 2016, and 2022 (59 FR 13044, March 17, 1994; 76 FR 38832,
December 20, 2011; 80 FR 19453, April 10, 2015; and 81 FR 86778,
December 1, 2016, respectively) indicate that existing regulatory
requirements and industry practices limit and control the emission of
R-290. As explained below, EPA proposes that the limits and controls
under other authorities, regulations, or practices adequately control
the release of and exposure to R-290 and mitigate risks from any
possible release.
As mentioned above, the determination of whether venting, release,
or disposal of a substitute refrigerant poses a threat to the
environment includes considering whether such venting, release, or
disposal is adequately controlled by other authorities, regulations, or
practices. This information is another part of EPA's proposal that the
venting, release, or disposal of R-290, in the specified end-use and
subject to the use conditions in this proposed action, does not pose a
threat to the environment.
Industry service practices and OSHA standards and guidelines that
address HC refrigeration equipment include monitoring efforts,
engineering controls, and operating procedures. OSHA requirements that
apply during servicing include continuous monitoring of explosive gas
concentrations and oxygen levels. In general, HC emissions from
refrigeration systems are likely to be significantly smaller than those
emanating from the industrial process and storage systems, which are
controlled for safety reasons. In sections II.B.7, ``What updates to
existing use conditions for stand-alone units is EPA proposing?'' and
II.D.5, ``What updates to existing use conditions for commercial ice
machines is EPA proposing?'' above in this document, we note that the
amount of substitute refrigerant from a refrigerant loop is effectively
limited to 500 g or 300 g in the end-uses proposed in this rule. This
indicates that HC emissions from such uses are likely to be relatively
small.
As discussed above in section II.B.3, ``What is R-290 and how does
it compare to other refrigerants in the refrigerated food processing
and dispensing equipment end-use category?'', EPA's SNAP program
evaluated the flammability and toxicity risks from R-290 in the
proposed new end-use in this rule. EPA is providing some of that
information in this section as well, to provide information on the
potential for leaks and exposure due to R-290.
R-290 is classified as an A3 refrigerant by ASHRAE 34-2022 and
subsequent addenda, indicating that it has low toxicity and high
flammability. R-290 has an LFL of 2.1 percent. To address flammability
risks, this proposal provides recommendations for its safe use (see
section II.H.2, ``What additional information is EPA including in these
proposed listings?''). The SNAP program's analysis suggests that the
proposed use conditions in this rule will mitigate flammability risks.
Like most refrigerants, at high concentrations HCs can displace
oxygen and cause asphyxiation. Various industry and regulatory
standards exist to address asphyxiation and toxicity risks. The SNAP
program's analysis of asphyxiation and toxicity risks suggests that the
proposed use conditions in this rule would mitigate asphyxiation and
toxicity risks. Furthermore, it is the Agency's understanding that
flammability risks and occupational exposures to HCs are adequately
regulated by OSHA and building and fire codes at a local and national
level.
The release and/or disposal of many refrigerant substitutes,
including R-290, are controlled by other authorities including various
standards and state and local building codes. The industry consensus
safety standard UL 60335-2-89, which EPA is proposing to incorporate by
reference in use conditions in the SNAP listing for R-290 in
refrigerated food processing and dispensing equipment, is one of these
standards, and industry also applies the standard ASHRAE 15. Code-
making organizations, such as the International Code Council (ICC), are
in the process of updating references to the most recent industry
standards that address use of R-290 and other flammable refrigerants in
the International Building Code (IBC). The specific editions of UL
60335-2-89 and ASHRAE 15-2022 are in the process of being adopted in
the next version of the IBC; once the IBC adopts those standards,
states and localities may adopt those revisions into their state or
local building codes. To the extent that release during maintaining,
repairing, servicing, or disposing of appliances is controlled by
regulations and standards of other authorities, these practices and
controls for the use of R-290 are sufficiently protective. These
practices and controls mitigate the risk to the environment that may be
posed by the venting, release, or disposal of R-290 during the
maintaining, servicing, repairing, or disposing of appliances.
EPA is aware of equipment that can be used to recover HC
refrigerants. While there are no relevant U.S. standards for such
recovery equipment currently, to the extent that R-290 is recovered
rather than vented in specific end-uses and equipment, EPA recommends
the use of recovery equipment designed specifically for flammable
refrigerants in accordance with applicable safe handling practices.
2. What is EPA's proposal regarding whether venting of R-290 from
refrigerated food processing and dispensing equipment should be
exempted from the venting prohibition under CAA section 608(c)(2)?
Consistent with the proposed listing under SNAP in this action, EPA
proposes to determine that venting, releasing, or disposing of R-290 in
refrigerated food processing and dispensing equipment is not expected
to pose a threat to the environment during the maintaining, servicing,
repairing, or disposing of appliances. As discussed more fully above,
we propose this on the basis of the inherent characteristics of this
substance, the limited quantities used in the relevant end-uses, and
the limits and controls under other authorities, regulations, or
practices that adequately control the release of and exposure to R-290
and mitigate risks from any possible release. Accordingly, EPA is
proposing to revise the regulations at Sec. 82.154(a)(1) to add R-290
in this end-use to the list of substitute refrigerants that are exempt
from the venting prohibition under CAA section 608(c)(2).
3. When would the exemption from the venting prohibition apply?
We are proposing that this exemption for R-290 in refrigerated food
processing and dispensing equipment would apply as of 30 days after the
publication of a final rule in the Federal Register. This would be the
same as the proposed effective date of the SNAP listing of R-290 in
refrigerated food processing and dispensing equipment, if that listing
is finalized as proposed.
[[Page 33755]]
4. What is the relationship between this proposed exemption under CAA
section 608(c)(2) and other EPA rules?
If this proposed exemption were to become final as proposed, it
would not mean that R-290 could be vented in all situations. R-290 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 260 through 270). As discussed in
the final rules addressing the venting of ethane (R-170), R-600a, R-
290, and R-441A as refrigerant substitutes in certain end-uses,
incidental releases may occur during the maintenance, service, and
repair of appliances subject to CAA section 608 (79 FR 29682, May 23,
2014; 80 FR 19454, April 10, 2015; 81 FR 86778, December 1, 2016). Such
incidental releases would not be subject to RCRA requirements for the
disposal of hazardous waste, as such releases would not constitute
disposal of the refrigerant charge as a solid waste, per se. For
commercial appliances such as refrigerated food processing and
dispensing equipment, it is likely that R-290 and other flammable HC
refrigerant substitutes would be classified as hazardous waste and
recycling, reclamation or disposal of R-290 from such appliances would
need to be managed as hazardous waste under the RCRA regulations (40
CFR parts 260 through 270), unless it is subject to a limited exception
in those regulations if the ignitable refrigerant is to be reused
without first being processed to remove contamination.
5. On which topics is EPA specifically requesting comment?
EPA requests comment on all aspects of our proposal to exempt R-290
used as a refrigerant substitute in refrigerated food processing and
dispensing equipment from the venting prohibition under CAA section
608(c)(2), as well as seeking comment on the proposed addition to the
existing exemption language for R-290 in particular end-uses at 40 CFR
82.154(a)(1)(viii). The Agency notes that the proposed regulatory text
contains the proposed addition to Sec. 82.154(a)(1)(viii), as well as
certain other exemptions for other end-uses that already appear at 40
CFR 82.154(a)(1)(viii) and that EPA is republishing for purposes of
formatting for the Federal Register. EPA is not proposing changes to,
and is not taking comment on, those existing exemptions and we are not
reopening for comment those current exemptions for the other end-uses
where R-290 may be used.
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)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2060-0226. 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 proposed rule contains no new requirements for
reporting or recordkeeping.
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 proposed 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 proposes to add the additional options under SNAP of
using HFC-32, HFO-1234yf, HFO-1234ze(E), R-290, R-454A, R-454B, R-454C,
R-455A, R-457A, and R-516A in the specified end-uses, but does not
mandate such use. Because equipment for HFO-1234yf, HFO-1234ze(E), R-
454A, R-454B, R-454C, R-455A, R-457A, and R-516A is not manufactured
yet in the U.S. for retail food refrigeration equipment, commercial ice
machines, IPR, cold storage warehouses, and ice skating rinks, no
change in business practice is required to meet the use conditions,
resulting in no adverse impact compared with the absence of this
proposed rule. The new use conditions for R-290 in stand-alone units
and self-contained commercial ice machines were requested by industry
and are consistent with the most recent, updated standard; these would
allow for greater consistency in business practices for different types
of equipment using the same refrigerant, as well as provide greater
flexibility in designing and manufacturing equipment. Equipment for R-
290 already manufactured prior to the effective date of a final rule
based on this proposal would not be required to be changed. Stand-alone
units and self-contained commercial ice machines using R-290 have been
subject to similar use conditions, and thus the updated requirements
would result in no adverse impact compared with the absence of this
proposed rule. Thus, if the rule were finalized as proposed, it would
not impose new costs on small entities. We have therefore concluded
that this action will have no net regulatory burden for all 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 fora.
[[Page 33756]]
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) directs Federal
agencies to include an evaluation of the health and safety effects of
the planned regulation on children in Federal health and safety
standards and explain why the regulation is preferable to potentially
effective and reasonably feasible alternatives. This action is not
subject to Executive Order 13045 because it is not economically
significant as defined in Executive Order 12866, and because the EPA
does not believe the environmental health or safety risks addressed by
this action present a disproportionate risk to children. While EPA has
not conducted a separate analysis of risks to infants and children
associated with this proposed 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 proposed rule. The risk screens are in the docket for this
rulemaking. However, EPA's Policy on Children's Health applies to this
action.
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 uses and proposes to
incorporate by reference portions of the 2021 UL 60335-2-89, which
establishes requirements for the evaluation of commercial refrigeration
equipment and commercial ice machines and safe use of flammable
refrigerants, among other things. This standard is discussed in greater
detail in section II.H.1 of this preamble.
The 2021 standard UL 60335-2-89, ``Household And Similar Electrical
Appliances--Safety--Part 2-89: Particular Requirements for Commercial
Refrigerating Appliances and Ice-Makers with an Incorporated or Remote
Refrigerant Unit or Motor Compressor,'' 2nd edition, October 27, 2021,
is available at: https://www.shopulstandards.com/ProductDetail.aspx?productId=UL60335-2-89_2_S_20211027, and may be
purchased by mail at: COMM 2000, 151 Eastern Avenue, Bensenville, IL
60106; Email: [email protected]; Telephone: 1-888-853-3503 in
the U.S. or Canada (other countries dial 1-415-352-2178); internet
address: https://ulstandards.ul.com or https://www.shopulstandards.com.
The cost of the 2021 standard UL 60335-2-89 is $519 for an electronic
copy and $649 for a hard copy. 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 standard proposed to be incorporated by reference is reasonably
available.
EPA is also proposing to incorporate by reference the GHS diamond
symbol (pictogram) for hazard category 1 flammable gases from Annex 1
to the 9th edition of the Global Harmonized System of Classification
and Labelling of Chemicals, copyrighted in 2021, in the use conditions
for hazard labeling of commercial and industrial refrigeration
equipment. This document is available for viewing online at: https://unece.org/sites/default/files/2021-9/GHS_Rev9E_0.pdf. Printed versions
and electronic editable versions are available for sale at the United
Nations Publications section at: https://shop.un.org/books/global-harmon-syst-class-9-92280. The cost of the 9th edition of the GHS is
$75.00 for an electronic copy or $150.00 for a printed hard copy. A
copyright permission request is not required for the use of up to 2
graphs, charges, tables, and figures. 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 GHS symbol proposed to be
incorporated by reference is reasonably available.
EPA is also proposing to incorporate by reference ANSI/ASHRAE
Standard 15-2022, ``Safety Standard for Refrigeration Systems,'' in the
use conditions for refrigerants listed for use in larger refrigeration
equipment (see summary in section II.A.4 of the preamble) and ANSI/
ASHRAE Standard 34-2022, ``Designation and Safety Classification of
Refrigerants,'' in the use conditions for labeling refrigeration
equipment with the safety classification of the refrigerant used (see
summary in section II.A.2 of the preamble). These standards are
available at https://www.ashrae.org/technical-resources/bookstore/ashrae-refrigeration-resources, and may be purchased by mail at: 180
Technology Parkway NW, Peachtree Corners, Georgia 30092; by telephone:
1-800-527-4723 in the U.S. or Canada. ASHRAE 15-2022 and ASHRAE 34-2022
are available as a bundle costing $169.00 for an electronic copy or
hard copy. The cost of obtaining these standards is not a significant
financial burden for equipment manufacturers or for those selling,
installing, and servicing the equipment. Therefore, EPA concludes that
the ASHRAE standards proposed to be incorporated by reference are
reasonably available.
The following standards are already approved for locations where
they appear in the amendatory text: UL 471, UL 541, UL 484, UL 60335-2-
24, and 60335-2-40.
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,
HFO-1234ze(E), R-290, R-454A, R-454B, R-454C, R-455A, R-457A, and R-
516A 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, HFO-1234ze(E),
R-290, R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A 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 proposed rule is voluntary, the Agency is
unable to quantify when, where, and
[[Page 33757]]
how much of the listed substitutes will be produced and used. Thus, EPA
cannot determine the extent to which this proposed 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.
The Agency will continue to evaluate the impacts of this program on
communities with environmental justice concerns and consider further
action, as appropriate.
IV. References
Unless specified otherwise, all documents are available
electronically through the Federal Docket Management System at
regulations.gov, Docket number EPA-HQ-OAR-2023-0043.
ASHRAE, 2022a. ANSI/ASHRAE Standard 15-2022: Safety Standard for
Refrigeration Systems. 2022
ASHRAE, 2022b. ANSI/ASHRAE Standard 34-2022: Designation and Safety
Classification of Refrigerants. 2022.
Carter, 2010. ``Development of the SAPRC-07 Chemical Mechanism and
Updated Ozone Reactivity Scales,'' Report to the California Air
Resources Board by William P. L. Carter. Revised January 27, 2010.
GHS, 2021. Pictogram for Hazard Category 1 Flammable Gases from
Annex 1 to the 9th edition of the Global Harmonized System of
Classification and Labelling of Chemicals, 2021. Available online at
https://unece.org/sites/default/files/2021-9/GHS_Rev9E_0.pdf or from
the United Nations Publications section at: https://shop.un.org/books/global-harmon-syst-class-9-92280.
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
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, 2016. Additional Follow-on Assessment of the Potential Impact
of Hydrocarbon Refrigerants on Ground Level Ozone Concentrations.
September, 2016.
ICF, 2020. Additional Assessment of the Potential Impact of
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. May,
2020.
ICF, 2023a. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: HFO-1234yf.
ICF, 2023b. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: HFO-1234ze(E) (Solstice[supreg] ze,
Solstice[supreg] 1234ze).
ICF, 2023c. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: R-454A (Opteon[supreg] XL40).
ICF, 2023d. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: R-454C (OpteonTM XL20).
ICF, 2023e. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: R-455A (Solstice[supreg] L40X).
ICF, 2023f. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: R-457A (Forane[supreg] 457A).
ICF, 2023g. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: R-516A (Forane[supreg] 516A).
ICF, 2023h. Risk Screen on Substitutes in Retail Food Refrigeration
(New Equipment); Substitute: Propane (R-290).
ICF, 2023i. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: HFC-32.
ICF, 2023j. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: HFO-1234yf.
ICF, 2023k. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: R-454A (Opteon[supreg] XL40).
ICF, 2023l. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: R-454B (Opteon[supreg] XL41).
ICF, 2023m. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: R-454C (OpteonTM XL20).
ICF, 2023n. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: R-455A (Solstice[supreg] L40X).
ICF, 2023o. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: R-457A (Forane[supreg] 457A).
ICF, 2023p. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: R-516A (Forane[supreg] 516A).
ICF, 2023q. Risk Screen on Substitutes in Commercial Ice Machines
(New Equipment); Substitute: Propane (R-290).
ICF, 2023r. Risk Screen on Substitutes in Industrial Process
Refrigeration (New Equipment); Substitute: HFC-32 (Difluoromethane)
ICF, 2023s. Risk Screen on Substitutes in Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: HFO-1234yf.
ICF, 2023t. Risk Screen on Substitutes in Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: HFO-1234ze(E) (Solstice[supreg] ze,
Solstice[supreg] 1234ze).
ICF, 2023u. Risk Screen on Substitutes in Industrial Process
Refrigeration and Cold Storage Warehouses (New Equipment);
Substitute: R-454A (Opteon[supreg] XL40).
ICF, 2023v. Risk Screen on Substitutes in Industrial Process
Refrigeration (New Equipment); Substitute: R-454B (Opteon[supreg]
XL41).
ICF, 2023w. Risk Screen on Substitutes in Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: R-454C (OpteonTM XL20).
ICF, 2023x. Risk Screen on Substitutes in Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: R-455A (Solstice[supreg] L40X).
ICF, 2023y. Risk Screen on Substitutes in Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: R-457A (Forane[supreg] 457A).
ICF, 2023z. Risk Screen on Substitutes in Industrial Process
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New
Equipment); Substitute: R-516A (Forane[supreg] 516A).
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 at: https://www.ipcc.ch/report/ar4/wg1.
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 at:
www.lexissecuritiesmosaic.com/gateway/FedReg/network_OJN_174_CF3CF=CH2.pdf.
UL 471, 2010. Commercial Refrigerators and Freezers. 10th edition.
Supplement SB: Requirements for Refrigerators and Freezers Employing
a Flammable Refrigerant in the Refrigerating System. November 24,
2010.
UL 563, 2009. Standard for Safety: Ice Makers--Supplement SA:
Requirements for Ice Makers Employing a Flammable Refrigerant in the
Refrigerating System, 8th edition, July 31, 2009, including
revisions through November 29, 2013.
UL 60335-2-89, 2021. Household And Similar Electrical Appliances--
Safety--Part 2-89: Particular Requirements for Commercial
Refrigerating Appliances and Ice-Makers with an Incorporated or
Remote Refrigerant Unit or Motor Compressor. 2nd edition. October
27, 2021.
U.S. EPA, 2020. 2017 National Emissions Inventory Report. U.S.
Environmental Protection Agency. Available online at https://gispub.epa.gov/neireport/2017/.
World Meteorological Organization (WMO), 2018. Burkholder et al.
Appendix A, Table A-1 in Scientific Assessment of
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Ozone Depletion: 2018, Global Ozone Research and Monitoring Project,
Report No. 58, World Meteorological Organization, Geneva,
Switzerland. Available at: https://ozone.unep.org/science/assessment/sap.
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 proposes to amend 40
CFR part 82 as follows:
PART 82--PROTECTION OF STRATOSPHERIC OZONE
0
1. The authority citation for part 82 continues to read as follows:
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
Subpart G--Significant New Alternatives Policy Program
0
2. Amend appendix R to subpart G of part 82 by:
0
a. Revising the heading; and
0
b. Revising the table titled ``Substitutes That Are Acceptable Subject
to Use Conditions.''
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, in the April 10, 2015, Final Rule, Effective May 11,
2015, in the April 28, 2023, Final Rule, Effective May 30, 2023, and in
the [date of publication of the final rule], Final Rule, Effective
[effective date of the final rule]
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3. Amend appendix V to subpart G of part 82 by:
0
a. Revising the heading; and
0
b. Revising the table titled ``Refrigerants--Acceptable Subject to Use
Conditions''.
The revisions read as follows:
Appendix V to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes Listed in the December 1,
2016, Final Rule, Effective January 3, 2017, and Listed in the [date of
publication of the final rule], Final Rule, Effective [effective date
of final rule]
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4. Add appendix Y to subpart G of part 82 to read as follows:
Appendix Y to Subpart G of Part 82--Substitutes Listed in the [Date of
publication of the final rule in the Federal Register], Final Rule,
Effective [30 days after date of publication of the final rule in the
Federal Register]
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5. Amend Sec. 82.154 by revising paragraph (a)(1)(viii) to read as
follows:
Sec. 82.154 Prohibitions.
(a) * * *
(1) * * *
(viii)Propane (R-290) in retail food refrigerators and freezers--
stand alone units; household refrigerators, freezers, and combination
refrigerators and freezers; self-contained room air conditioners for
residential and light commercial air-conditioning and heat pumps;
vending machines; effective January 3, 2017, self-contained commercial
ice machines, very low temperature refrigeration equipment, and water
coolers; and effective [30 DAYS AFTER PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER], retail food refrigeration--refrigerated food
processing and dispensing equipment;
* * * * *
[FR Doc. 2023-09600 Filed 5-23-23; 8:45 am]
BILLING CODE 6560-50-C
