Protection of Stratospheric Ozone: Listing of Substitutes Under the Significant New Alternatives Policy Program in Commercial and Industrial Refrigeration, 50410-50497 [2024-11690]

Download as PDF 50410 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA–HQ–OAR–2023–0043; FRL–10125–02– 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: Final rule. AGENCY: Pursuant to the U.S. Environmental Protection Agency’s Significant New Alternatives Policy program, this action lists 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 incorporating 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 exempts 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 in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration, as the Administrator is determining, on the basis of existing evidence, that such venting, release, or disposal of this substance in this end-use does not pose a threat to the environment. DATES: This rule is effective July 15, 2024. The incorporation by reference of certain material listed in the rule is approved by the Director of the Federal Register as of July 15, 2024. The incorporation by reference of certain other material listed in the rule was approved by the Director of the Federal Register as of February 21, 2012 (76 FR 78832), May 11, 2015 (79 FR 19454), and January 3, 2017 (81 FR 86778). ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2023–0043. 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 lotter on DSK11XQN23PROD with RULES2 SUMMARY: VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through https:// www.regulations.gov or in hard copy at the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20460. The Docket Center’s hours of operations are 8:30 a.m.–4:30 p.m., Monday–Friday (except Federal Holidays). For further information on EPA Docket Center services and the current status, please visit https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Perrin Krisko, Stratospheric Protection Division, Office of Atmospheric Protection (Mail Code 6205A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202–564– 2328; email address: krisko.claudia@ 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 finalizing in this action? A. Retail Food Refrigeration—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 Listing of R–454A as Acceptable, Subject to Use Conditions, for Use in New 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 finalizing these specific use conditions? 5. What additional information is EPA including in these listings? 6. How is EPA responding to comments on retail food refrigeration? B. Retail Food Refrigeration—Listing R– 290 as Acceptable, Subject to Use Conditions, for Use in New Refrigerated Food Processing and Dispensing Equipment and Revision of the Use Conditions Provided in the Previous PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 Listings of R–290 as Acceptable, Subject to Use Conditions, for Use in New StandAlone 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 finalizing these specific use conditions for refrigerated food processing and dispensing equipment? 5. How does the listing for R–290 in refrigerated food processing and dispensing equipment relate to regulations implementing the venting prohibition under CAA section 608? 6. What existing use conditions 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 finalizing? 8. How do the new use conditions for R– 290 in stand-alone units differ from the existing ones and why is EPA changing the use conditions? 9. What additional information is EPA including in these listings? 10. How is EPA responding to comments on listing R–290 in refrigerated food processing and dispensing equipment and updating the use conditions for R– 290 in stand-alone units? C. Commercial Ice Machines—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 finalizing these specific use conditions? 5. What additional information is EPA including in these listings? 6. How is EPA responding to comments on commercial ice machines? D. Commercial Ice Machines—Revision of the Use Conditions in the Previous Listing of R–290 as Acceptable, Subject to Use Conditions, for Use in New SelfContained 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 existing use conditions apply to this refrigerant in this end-use? 5. What updates to existing use conditions for commercial ice machines is EPA finalizing? 6. How do the new use conditions for commercial ice machines differ from the existing ones and why is EPA changing the use conditions? 7. What additional information is EPA including in this listing? E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 8. How is EPA responding to comments on listing R–290 and updating the use conditions for R–290 in self-contained commercial ice machines? E. Industrial Process Refrigeration—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 Industrial 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 finalizing these specific use conditions? 5. What additional information is EPA including in these listings? 6. How is EPA responding to comments on industrial process refrigeration? F. Cold Storage Warehouses—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 finalizing these specific use conditions? 5. What additional information is EPA including in these listings? 6. How is EPA responding to comments on cold storage warehouses? G. Ice Skating Rinks—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 finalizing these specific use conditions? 5. What additional information is EPA including in these listings? 6. How is EPA responding to comments on ice skating rinks? 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 finalizing and why? 2. What additional information is EPA including in these listings? 3. How is EPA responding to comments on use conditions? VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 I. Exemption for R–290 From the Venting Prohibition Under CAA Section 608 for Refrigerated Food Processing and Dispensing Equipment 1. What is EPA’s final 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 final determination regarding whether venting of R–290 from refrigerated food processing and dispensing equipment is exempted from the venting prohibition under CAA section 608(c)(2)? 3. When will the exemption from the venting prohibition apply? 4. What is the relationship between this exemption under CAA section 608(c)(2) and other EPA rules? 5. How is EPA responding to comments on the exemption for R–290 from the venting prohibition? J. How is EPA responding to other comments? III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 14094: Modernizing 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 Incorporation by Reference J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations and Executive Order 14096: Revitalizing Our Nation’s Commitment to Environmental Justice for All K. Congressional Review Act IV. References I. General information A. Executive Summary and Background EPA is finalizing 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 finalizing action on new and revised listings in the refrigeration and air conditioning (AC) sector based on the information that EPA has included in the docket. This final action provides new refrigerant options, thereby increasing flexibility for industry, in specific uses. PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 50411 This action lists new alternatives for the refrigeration and AC sector. Specifically, EPA is: • Listing 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); • Listing R–454A as acceptable, subject to use conditions, for use in new remote condensing units and supermarket systems; • Listing R–290 (propane) as acceptable, subject to use conditions, for use in new refrigerated food processing and dispensing equipment and revising the existing use conditions for R–290 in new stand-alone units. • Listing HFO–1234yf, R–454C, R– 455A, R–457A, and R–516A as acceptable, subject to use conditions, for use in new commercial ice machines; • Listing hydrofluorocarbon (HFC)32, R–454A, and R–454B as acceptable, subject to use conditions, for use in new commercial ice machines with a remote compressor, for batch-type selfcontained automatic commercial ice machines with a harvest rate above 1,000 lb ice per 24 hours, and for continuous type self-contained automatic commercial ice machines with a harvest rate above 1,200 lb ice per 24 hours; • Revising the existing use conditions for R–290 for use in new self-contained commercial ice machines; • Listing 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 for industrial process refrigeration (IPR), including chillers and direct expansion IPR equipment; • Listing HFC–32, R–454A, and R– 454B as acceptable, subject to use conditions, for use in new equipment for IPR, including chillers and direct expansion IPR equipment where the temperature of the refrigerant entering the evaporator is less than or equal to ¥30 °C (¥22 °F); • Listing 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 • Listing 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. In general, the final use conditions are consistent across the various substitutes and end-uses contained in this final E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 50412 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations rule. Because of this similarity, EPA discusses the final use conditions that apply to retail food refrigeration, commercial ice machines, industrial process refrigeration, cold storage warehouses, and ice skating rinks in section II.H of this preamble. In summary, the common use conditions are: (1) These refrigerants may be used only in new equipment, designed specifically and clearly identified for use with the refrigerant. None of these listings provide for use of the substitutes in a conversion or ‘‘retrofit’’ refrigerant for existing equipment. (2) These refrigerants may be used in equipment that a) is consistent with the 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,’’ which refers to the 2nd edition of UL 60335– 2–89 unless otherwise stated), and b) is installed consistent with the requirements of ASHRAE 15–2022, ‘‘Safety Standard for Refrigerating Systems.’’ For equipment outside the scope of UL 60335–2–89, as described later in this document, or that is located in industrial occupancies as defined in ASHRAE 15–2022, refrigerants listed herein must be used in equipment that is installed in a manner consistent with ASHRAE 15–2022. For R–290, which already has listings that incorporate by reference earlier UL standards, EPA is providing a transition period when equipment may meet either the earlier UL standard or UL 60335–2–89. Standalone units or self-contained commercial ice machines using R–290 that are unchanged, except for cosmetic changes, from the model or design that was previously certified to the UL 471 (10th edition) or UL 563 standard (8th edition) may continue to be manufactured consistent with those standards. (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 60335–2–89.2 (4) Equipment must be marked with distinguishing red color-coded hoses and piping to indicate use of a flammable refrigerant and marked 1 UL, formerly known as Underwriters Laboratories. 2 Or for equipment using R–290 following the requirements of UL 471 or UL 563, they must use the warning labels required in those listings, which match those required by those standards. VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 service ports, pipes, hoses, and other devices through which the refrigerant is serviced. (5) Equipment must be marked with one or more flammability warning symbols—either that in Clause 7.6DV D1 of UL 60335–2–89, 2nd edition; that in Annex 1 to Globally Harmonized System of Classification and Labelling of Chemicals (GHS), 9th edition, for hazard category 1 flammable gases; or marked with both symbols. Additional use conditions specific to particular end-uses may also apply and are discussed with each final listing. The regulatory text of the final listings, including the final use conditions and further information, appears in tables at the end of this document. The final listings will appear in appendix Y to 40 Code of Federal Regulations (CFR) part 82, subpart G. The final revised listings for R–290 in new retail food refrigeration equipment (stand-alone units only) and in new self-contained commercial ice machines will 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 U.S. 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 issued a final Technology Transitions Rule under subsection (i) of the American Innovation and Manufacturing Act of 2020 (hereafter referred to as ‘‘the AIM Act’’) (88 FR 73098; October 24, 2023;). Under that rule, EPA restricts the use of many HFC refrigerants in a variety of subsectors within the Refrigeration, Air Conditioning, and Heat Pumps sector, including in technologies covered by this final SNAP rule.3 Throughout this document, EPA notes relevant restrictions on refrigerants under the final Technology Transitions Rule. In finalizing the listing decisions in this rulemaking, EPA is cognizant of the restrictions established under the Technology Transitions Rule. This is because the listings in this SNAP rule are generally intended to expand the 3 End-uses under SNAP are included in the similar concept of subsectors defined in the Technology Transitions Rule (88 FR 73098, October 24, 2023). PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 universe of available options in certain end-uses. EPA recognizes that there could be situations where there would be little practical value in listing alternatives acceptable under SNAP that cannot legally be used in a particular end-use due to restrictions under Technology Transitions Rule, and this consideration could be particularly pronounced with respect to those alternatives that would be subject to restrictions under the Technology Transitions Rule in the near future (e.g., as of January 1, 2025). However, the SNAP and Technology Transitions programs are established under different legal authorities and use separate frameworks for making decisions. Substitutes that are listed as acceptable, acceptable subject to use conditions, acceptable subject to narrowed use limits, or unacceptable under the SNAP program are evaluated through a comparative risk framework that considers the overall risk posed to human health and the environment for specific end-uses. In evaluating the substitutes listed in this rule, EPA has considered whether they 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, consistent with its approach under SNAP. In addition, EPA is exempting R–290 used in the refrigerated food processing and dispensing end-use from the prohibition under CAA section 608(c)(2) on knowingly venting, releasing, or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration, as the Administrator is determining, on the basis of current evidence described later in this preamble, that such venting, release, or disposal of this substance in this end-use does not pose a threat to the environment. This exemption is being finalized in the regulations under CAA section 608 at 40 CFR 82.154(a)(1), which addresses the statutory prohibition and exemptions from it. 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)) E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 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. lotter on DSK11XQN23PROD with RULES2 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 published or 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 VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 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 under the SNAP program. However, statutory and regulatory requirements so listed are binding under other authorities (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 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 50413 criteria for evaluation of substitutes, refer to the initial SNAP rule published March 18, 1994 (59 FR 13044), codified at 40 CFR part 82, subpart G. SNAP decisions and the appropriate Federal Register citations can be found at https://www.epa.gov/snap/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. Background on Requirements Concerning Venting, Release, or Disposal of ODS and Substitute Refrigerants 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.4 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 used as refrigerants and their substitutes, which we also refer to as the ‘‘venting prohibition’’ in this final 4 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). E:\FR\FM\13JNR2.SGM 13JNR2 50414 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 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 has established regulations clarifying how the venting prohibition in section 608(c) applies to ODS and substitute (e.g., HFCs and perfluorocarbons (PFCs)) refrigerants. 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 an appliance or industrial process refrigeration may knowingly vent or otherwise release into the environment any refrigerant (including substitute refrigerants) from such appliances or industrial process refrigeration, 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 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).5 Those regulatory exemptions do not apply to blends of hydrocarbons (HCs) with other refrigerants or containing any amount of any CFC, HCFC, HFC, or PFC. The 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., 81 FR 86778, December 1, 2016. EPA further concluded that other authorities, controls, or practices that apply to such refrigerant substitutes help to mitigate environmental risk from 5 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 final rule is not EPA’s response to the court’s decision. VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 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) 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 these 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? The following acronyms and abbreviations are used in the preamble of this document: AC—Air Conditioning AEL—Acceptable Exposure Limit AIHA—American Industrial Hygiene Association AIM Act—American Innovation and Manufacturing Act of 2020 ANSI—American National Standards Institute ASHRAE—American Society of Heating, Refrigerating and Air-Conditioning Engineers ASTM—American Society for Testing and Materials ATEL—Acute Toxicity Exposure Limit CAA—Clean Air Act CAS Reg. No.—Chemical Abstracts Service Registry Identification Number CBI—Confidential Business Information PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 CFC—Chlorofluorocarbon CFR—Code of Federal Regulations CO2—Carbon Dioxide DOE—United States Department of Energy DOT—United States Department of Transportation DX—Direct Expansion EEAP—Environmental Effects Assessment Panel EPA—United States Environmental Protection Agency FR—Federal Register GHS—Globally Harmonized System of Classification and Labeling 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 IIAR—International Institute of Ammonia Refrigeration IPCC—Intergovernmental Panel on Climate Change IPR—Industrial Process Refrigeration ISO—International Organization for Standardization 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 NFPA—National Fire Protection Association 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® Matching System ppm—Parts Per Million PRA—Paperwork Reduction Act RAL—‘‘Reichs-Ausschu+ für Lieferbedingungen und Gütesicherung’’ Germany’s National Commission for Delivery Terms and Quality Assurance 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 E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations II. What is the Environmental Protection Agency (EPA) finalizing in this action? This section of the preamble describes EPA’s final listings for certain refrigerants in specific end-uses, including final use restrictions. In addition, this section provides responses to comments EPA received on the proposed listings during the public comment period for the proposed rule (May 24, 2023). The regulatory text for new listings is codified in appendix Y of 40 CFR part 82, subpart G. The regulatory text for two revised listings is codified in appendices R and V of 40 CFR part 82, subpart G. The final regulatory text contains listing decisions for the end-uses discussed throughout this section. lotter on DSK11XQN23PROD with RULES2 A. Retail Food Refrigeration—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 Listing of R–454A as Acceptable, Subject to Use Conditions, for Use in New Remote Condensing Units and Supermarket Systems This final rule lists 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 listing 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). After consideration and evaluation of comments, EPA is finalizing the listings for HFO–1234yf, HFO–1234ze(E), R–454C, R–455A, R– 457A, and R–516A in all end-use categories under retail food refrigeration and R–454A in two end-use categories under retail food refrigeration as proposed. EPA is finalizing several use conditions for these end-use categories that are in common with those finalized for other end-uses (retail food refrigeration, commercial ice machines, IPR, cold storage warehouses, and ice skating rinks with a remote compressor) discussed elsewhere in this final rule. Because of this similarity, EPA discusses the use conditions that apply to all five end-uses in detail in section II.H of this preamble. Briefly VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 summarized, the common use conditions that EPA is finalizing are: restricting the use of each refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15–2022 and with UL 60335– 2–89 (with certain exceptions),6 including testing, charge sizes, ventilation, usage space requirements, and certain hazard warnings and markings. For use of these substitutes in retail food refrigeration equipment, EPA is also finalizing the use condition that these refrigerants may only be used in commercial refrigeration equipment that meets the requirements listed in 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’’). In cases where the final rule includes requirements that are different than those of ASHRAE 15–2022, EPA is finalizing that the appliance needs to meet the requirements of this rule in addition to the requirements in ASHRAE 15–2022. This additional use condition is discussed further in section II.A.4 of this preamble. For R–454A in supermarkets and remote condensing units, EPA is finalizing an additional use condition that this substitute may only be used 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 6 Exceptions include equipment that is outside the scope of UL 60335–2–89, such as commercial refrigeration products with rated voltage of 15,000 V or greater, appliances using flammable refrigerant in transcritical refrigeration systems, vending machines, and pofessional ice-cream appliances. In addition, for equipment installed in situations where that standard refers to ‘national standards,’ refrigerants may be used in equipment installed consistent with the requirements of ASHRAE 15– 2022 without meeting the requirements of UL 60335–2–89. PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 50415 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 evaluations of the overall risk to human health and the environment compared to other refrigerants that are available or potentially available for the same enduse and for purposes of listing substitute refrigerants. Stand-alone units are refrigerators, freezers, and reach-in coolers (either open or with doors) where all refrigeration components are integrated and, for the smallest types, the refrigerant circuit is entirely brazed, welded, or uses threaded fittings. 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. As the name suggests, refrigerated food processing and dispensing equipment dispenses, typically through a nozzle, and often processes a variety of food and beverage products. For instance, 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 includes but is 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 typically have refrigerating capacities ranging 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 E:\FR\FM\13JNR2.SGM 13JNR2 50416 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 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 majority of supermarkets in the United States use centralized direct expansion (DX) systems to cool their display cases.7 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 8 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, brine, propylene glycol, air, and carbon dioxide (CO2). Compact chiller versions of an indirect system 7 www.epa.gov/greenchill/advanced-refrigeration. lotter on DSK11XQN23PROD with RULES2 8 Chillers used in supermarket systems are considered within the supermarket end-use under SNAP and the supermarket subsector under the Technology Transitions Program. VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 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 hightemperature system. Refrigerant choice may depend on the refrigerant charge size of the equipment, desired temperature, system performance, energy efficiency, and health, safety and environmental considerations, and cost among other things. In addition to regulations pursuant to the SNAP program and the AIM Act, 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. 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 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 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).9 The flammability classification ‘‘1’’ is given to refrigerants that, when tested, show no flame propagation. The flammability classification ‘‘2’’ is given to refrigerants that, when tested, exhibit flame propagation, have a heat of combustion less than 19,000 kJ/kg (8,169 Btu/lb), and have a lower flammability limit (LFL) greater than 0.10 kg/m3. The flammability classification ‘‘2L’’ is given to refrigerants that, when tested, exhibit flame propagation, have a heat of combustion less than 19,000 kJ/kg (8,169 Btu/lb), have an LFL greater than 0.10 kg/m3, and have a maximum burning velocity of 10 cm/s or lower when tested in dry air at 73.4 °F (23.0 °C) and 14.7 psi (101.3 kPa). The flammability classification ‘‘3’’ is given to refrigerants that, when tested, exhibit flame propagation and that either have a heat of combustion of 19,000 kJ/kg (8,169 Btu/lb) or greater or have an LFL of 0.10 kg/m3 or lower. For flammability classifications, refrigerant blends are designated based on the worst case of formulation for flammability and the worst case of fractionation for flammability determined for the blend. 9 ASHRAE, 2022b. ANSI/ASHRAE Standard 34– 2022: Designation and Safety Classification of Refrigerants. E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50417 Figure 1. Refrigerant Safety Group Classification .0 ...... ....... 1 ~ gi ...... Higher Flammability Flammable Lower Flammability No Flame Propagation g lotter on DSK11XQN23PROD with RULES2 10 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 (86 FR 24444, May 6, 2021). VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 A2 B2 A2L Al B2L Bl 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 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 refrigerants. These risk screens are available in the docket for this rule.11 12 13 14 15 16 17 11 ICF, 2024a. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: HFO–1234yf. 12 ICF, 2024b. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: HFO–1234ze(E) (Solstice® ze, Solstice® 1234ze) 13 ICF, 2024c. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: R– 454A (Opteon® XL40). 14 ICF, 2024d. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: R– 454C (OpteonTM XL20). 15 ICF, 2024e. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: R– 455A (Solstice® L40X). PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 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. HFO–1234yf and HFO–1234ze(E) both have a GWP of one.18 19 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 one, respectively.20 If these values are weighted by mass percentage, then R–454A, R–454C, R– 455A, R–457A, and R–516A have GWPs of about 237, 146, 146, 137, and 140, 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 16 ICF, 2024f. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: R– 457A (Forane® 457A). 17 ICF, 2024g. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: R– 516A (Forane® 516A). 18 World Meteorological Organization (WMO) (2022). Burkholder et al. Appendix A, Table A–5 in Scientific Assessment of Ozone Depletion: 2022, GAW Report No. 278, 509 pp.; WMO, Geneva, Switzerland, https://ozone.unep.org/science/ assessment/sap. (WMO, 2022). 19 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. 20 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. E:\FR\FM\13JNR2.SGM 13JNR2 ER13JN24.000</GPH> ~ 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 single component 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.10 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. HFO–1234yf, also known by the trade names ‘‘Solstice® yf’’ and ‘‘OpteonTM YF,’’ is also known as 2,3,3,3tetrafluoroprop-1-ene (CAS Reg. No. 754–12–1). 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 B3 Higher Lower Toxicity Toxicity Increasing Toxicity rJ) Cl:$ Using these safety group classifications, ASHRAE 34–2022 categorizes HFO–1234yf, HFO– 1234ze(E), HFC–32 and the refrigerant blends R–454A, R–454C, R–455A, R– 457A, and R–516A, which are discussed in this section of this rule, as being in the A2L Safety Group, while R–290 is in the A3 Safety Group. Safety Group A3 lotter on DSK11XQN23PROD with RULES2 50418 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 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.’’ 21 None of the exemptions to the venting prohibition under CAA 608(c)(2) listed in 82.154(a)(1) 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. EPA evaluated flammability risk by evaluating reasonable worst-case and more typical, yet conservative, scenarios to model the effects of releases of these substitutes in the listed end-uses. These refrigerants are not expected to present a flammability concern provided the use conditions are followed. The use conditions provide additional safety measures and labeling requirements (e.g., visible warning statement and red coloring on the pipes, hoses, and devices which contain refrigerant) that make equipment owners, consumers, fire marshals, and emergency first responders aware of the presence of a flammability hazard. 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 refrigerants include drowsiness or dizziness. The refrigerants may also irritate the skin or eyes or cause frostbite. At sufficiently high concentrations, the refrigerants may cause irregular heartbeat. The refrigerants 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 and 500 ppm as an 8-hr TWA for HFO– 1234yf. The manufacturer of HFO– 21 Definitions under title 40 chapter I subchapter C part 51 subpart F CFR 51.100 can be found at https://www.ecfr.gov/current/title-40/chapter-I/ subchapter-C/part-51/subpart-F/section-51.100. VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 1234ze(E) recommends 800 ppm as an 8-hr TWA for that chemical, as does ASHRAE 34–2022. 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.22 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 final use conditions (including adherence to UL 60335–2–89 and ASHRAE 15–2022), and other safety precautions 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–454C, R– 455A, R–457A, and R–516A have GWPs ranging from 140 to 150, higher than that of CO2, an acceptable substitute in this end-use category, with a GWP of one, while HFO–1234yf and HFO– 1234ze(E) have comparable GWPs to CO2 of one. The GWPs of HFO–1234yf, HFO–1234ze(E), R–454C, R–455A, R– 457A, and R–516A are lower than those of other acceptable 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 237, 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 one. 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 601, 630, 1,430, 2,110, and 3,922, respectively. For new stand-alone units R–454C, R– 455A, R–457A, and R–516A have GWPs ranging from 140 to 150, higher than some of the acceptable substitutes in 22 The 8-hr TWA AEL recommendations of these refrigerant blends are based upon a mass-weighting of the PEL and WEELs of their components. ASHRAE 34–2022 also recommends these occupational exposure limits. PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 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 CO2, R–290, and R–441A of one. 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. As of January 1, 2025, certain HFCs and HFC blends will be subject to restrictions in new stand-alone units under the Technology Transitions Rule. In light of that upcoming restriction, EPA is listing HFO–1234yf, HFO– 1234ze(E), R–454A, R–454C, R–455A, R–457A, and R–516A to provide additional lower-GWP, refrigerants in this end-use. This upcoming restriction, and the corresponding value of providing additional lower-GWP refrigerants in this end-use, are additional considerations that informed EPA’s decision on this listing. Information regarding the toxicity of other available alternatives is provided in the listing decisions previously made (see https://www.epa.gov/snap/retailfood-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 previously. 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 refrigerants can be minimized by use consistent with UL 60335–2–89 and ASHRAE 15–2022—as required by the use conditions for these listings. EPA also anticipates that service technicians working with these systems will adhere to recommendations in the manufacturers’ SDS for these refrigerants 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 LFLs, are evaluated in the risk screens referenced previously. Based on those risk screens, EPA’s view is that 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 UL 60335–2–89, ASHRAE 15– E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 2022, as well as recommendations in the manufacturers’ SDS and other safety precautions common in the refrigeration and AC industry. EPA is finalizing use conditions to reduce the potential risk associated with the flammability of these alternatives so that they will not pose greater overall risk to human health and the environment than other acceptable substitutes in this end-use category. In addition, the refrigerants listed through this action have lower GWPs than most other refrigerants currently in use today, though EPA notes that this is expected to shift in the future as entities begin complying with the restrictions under the 2023 Technology Transitions Rule for new equipment. These refrigerants provide additional lowerGWP options for situations where other refrigerants with lower GWPs may not be suitable. 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 enduse categories within retail food refrigeration. In this context, listing additional refrigerants as acceptable under SNAP provides additional options and increases the availability of substitutes for the full range of retail food refrigeration equipment with lower-GWP refrigerants, which is anticipated to lead to lower overall risk to human health and the environment. Accordingly, based on EPA’s evaluation of the information discussed above and consideration of overall risk to human health and the environment, EPA is listing 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 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 listing 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 finalizing these specific use conditions? This final rule 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, VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 and ice skating rinks. ASHRAE 15–2022 also applies to these refrigeration systems. UL 60335–2–89, as discussed in section II.H of this preamble, indicates that refrigerant charges greater than a specific amount (called ‘‘m3’’ in the standard and based on the refrigerant’s LFL) should be determined using national standards that apply, such as ASHRAE 15–2022. Hence, EPA is requiring adherence to both standards, when applicable, as use conditions for remote condensing units and supermarket systems. EPA is incorporating by reference ASHRAE 15–2022 and UL 60335–2–89 in use conditions that apply to use of the A2L refrigerants listed through this action in new remote condensing units and supermarket systems. Where the requirements specified in this final rule and ASHRAE 15–2022 differ, the requirements of this final rule 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; for additional detail, please consult the standard. ASHRAE 15–2022 specifies requirements for refrigeration systems, based on the safety group classification of the refrigerant, the type of occupancy where the system is located, and whether refrigerantcontaining parts of the system enter the space or ductwork such that leakage in the space is deemed ‘‘probable.’’ ‘‘Highprobability’’ installations are those such that leaks or failures will result in refrigerant entering occupied space. 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 listed in this action when used in ‘‘highprobability’’ systems that are not for human comfort, including requirements for nameplates, labels, refrigerant detectors (under certain conditions), airflow initiation or other actions (if a rise in refrigerant concentration is detected), and other restrictions. ASHRAE 15–2022 is undergoing continuous maintenance with publication of periodic addenda and is PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 50419 typically updated and republished every three years. Although there were additional changes to ASHRAE 15–2022 between issuance of the proposed rule and now, EPA was not able to review and seek comment on use conditions based on those more recent changes after publication of the proposal. EPA is therefore not including addenda or other changes made to ASHRAE 15– 2022 after the date of the proposed rule. EPA is finalizing an additional use condition for R–454A in supermarkets and remote condensing units. This refrigerant 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 finalizing this use condition to allow use of R–454A less broadly than for the other refrigerants being listed for use in remote condensing units and supermarket systems because its GWP is higher than those of the other listings for these end-use categories (about 237, compared to one to 150). EPA’s understanding is that there are two particular situations where use of refrigerants is likely to be more constrained to minimize risks to human health and the environment, and thus, additional refrigerant options may be helpful. The first of those situations is where ASHRAE 15–2022 identifies a refrigerating system as having a ‘‘high probability’’ that leaked refrigerant from a failed connection, seal, or component could enter an occupied area. ASHRAE 15–2022 and UL 60335–2–89 effectively set charge limits for A2L refrigerants to less than 260 times the LFL (approximately 200 pounds for A2L refrigerants and ranging from roughly 120 to 250 pounds for the particular refrigerants listed in this rule) 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 in industrial occupancies, 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, there would be fewer space constraints and greater flexibility in equipment design, so refrigeration system designers can accommodate a narrower set of refrigerants. Conversely, where the general public is more likely to come into contact with any leaked refrigerant in an interior space, which are not industrial occupancies, refrigerant charge capacities of a system would be E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 50420 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations less than 200 pounds. In addition, in such public spaces there would be more space constraints, less flexibility in equipment design, and potentially stricter code requirements. EPA recognizes that these may be situations where R–454A can be used where those other refrigerants cannot, especially where space is constrained. Therefore, R–454A fills a gap in the stated end-uses where lower-GWP refrigerant alternatives posing less of a risk to human health and the environment are not as available, and R–454A’s GWP of approximately 240 and similar toxicity and flammability profiles would pose lower overall risk to human health and the environment. Listing R–454A for supermarket systems and remote condensing units with smaller refrigerant charges provides an additional refrigerant to manage safety (in particular, flammability and toxicity) while achieving adequate performance where there may be more constraints. As some public commenters stated, R– 454A has a higher volumetric capacity than the other A2L refrigerants with lower GWPs being listed in this rule, which means less refrigerant is needed and smaller refrigeration equipment can achieve the same cooling effect. Therefore, EPA is listing R–454A as acceptable, subject to use conditions, only for supermarket systems and remote condensing units with a use condition that refrigerant charge capacity shall be less than 200 pounds in order to mitigate risk to human health and the environment that could be associated with higher GWPs. The second situation where use of refrigerants is likely to be more constrained is for use in the hightemperature side of cascade systems used for supermarket systems and remote condensing units. As discussed in section II.A.1 of this preamble, ‘‘Background on retail food refrigeration,’’ each side 23 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 ‘‘lowtemperature side’’ of the cascade system, refrigerants with low boiling points such as R–744 can be used. Considerations for the choice of refrigerants on either side of cascade systems are influenced by many factors 23 Each side of the cascade system is a complete refrigeration system with a compressor, condenser, and evaporator. VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 including, but not limited to, a refrigerant’s toxicity and flammability, its temperature glide, and its suitability for lower temperature applications. Using flammable or toxic refrigerants, such as ammonia, on the hightemperature side of a cascade system may be limited in certain circumstances (e.g., based on building codes and/or industry safety standards). There are multiple substitutes available for the low-temperature side of a cascade system with GWPs lower than that of R– 454A, but there are fewer options for the high-temperature side. Therefore, EPA is listing R–454A as acceptable, subject to use conditions, when it is used in the high-temperature side of cascade systems. This action expands the refrigerant options that can comply with local building codes and industry safety standards while meeting the more challenging application of the hightemperature side of a cascade system, and allowing for a refrigerant that would pose lower overall risks to human health and the environment than refrigerants that would otherwise be used. 5. What additional information is EPA including in these listings? EPA is providing additional information related to these listings. Since this additional information is not part of the regulatory decision under SNAP, these statements are not binding for use of the refrigerant under the SNAP program. However, EPA encourages users of substitutes to apply all statements in the ‘‘Further Information’’ column in their use of these refrigerants. The additional information applies to multiple enduses covered in this final rule. See section II.H.2 of this preamble for discussion on what additional information EPA is including in these listings. 6. How is EPA responding to comments on retail food refrigeration? Comment: For the retail food refrigeration end-use, two commenters mentioned the proposed limitation on the use of R–454A and requested greater flexibility for that refrigerant and enduse. Both commenters indicated that R– 454A is a higher capacity and more efficient refrigerant compared to alternatives with GWPs less than 150. The commenters stated that R–454A would provide greater flexibility to meet DOE efficiency requirements and claimed thermodynamic similarities to other refrigerants (R–404A, R–448A, and R–449A). One commenter requested that EPA not restrict R–454A in the high side of a cascade system and that R–454A be PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 approved for use in stand-alone units. Another commenter requested that EPA list R–454A as acceptable in all retail food refrigeration end-uses (stand-alone units, remote condensing units, supermarket systems, and refrigerated food processing and dispensing equipment). This commenter stated that EPA has sufficient information in the docket to allow EPA to add R–454A as acceptable in stand-alone units and refrigerated food processing and dispensing equipment, pointing to R– 454A’s zero ozone depletion potential and A2L classification. Response: EPA acknowledges the commenters’ request for greater flexibility to use R–454A. As discussed in section II.A.4 of this preamble, under the listings finalized in this rule, R– 454A is acceptable, subject to use conditions, in the high side of a supermarket cascade system. Concerning the suggestion that R–454A would provide greater flexibility to meet DOE’s energy conservation standards, EPA notes that EPA’s SNAP program and DOE’s program for energy conservation standards operate under separate authorities. If EPA had information showing that commercial refrigeration equipment manufactured using other refrigerants with lower GWPs were unable to be used in this application, EPA might consider broader use of R–454A in the future given there may not be other available or potentially available low-GWP substitutes for this application; however, absent such information, EPA is retaining the use conditions for R– 454A in supermarket systems and remote condensing units in this final rule as proposed. In response to comments supporting approval of R–454A in additional retail food end-use categories beyond supermarket systems and remote condensing units, such as stand-alone units and refrigerated food processing and dispensing equipment, EPA is not taking that action in this final rule because EPA did not propose to list R– 454A and has not completed our consideration or analysis needed to reach a final decision whether to list this refrigerant in these other retail food end-uses. In response to the commenters’ points about energy efficiency and capacity, these factors are not ones that are considered in 40 CFR 82.180(a)(7). Moreover, EPA notes that under the final Technology Transitions Rule (88 FR 73098; October 24, 2023), refrigerants containing HFCs used in retail food refrigeration—stand-alone units are limited to those with a GWP less than 150 beginning January 1, 2025; thus, even if EPA were to list R–454A E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations as acceptable under the SNAP program, it still could not be used in stand-alone units after that date. EPA is finalizing the listings for R–454A as proposed, including listings for retail food refrigeration—supermarket systems and retail food refrigeration—remote condensing units, as acceptable, subject to use conditions. Comment: Two commenters suggested that allowing R–454A would smooth the transition to low-GWP refrigerants in stand-alone units, enabling the industry to meet timing goals of the Technology Transitions Rule. A different commenter urged EPA to list R–454A for use in selfcontained equipment. The third commenter stated that the quantity used in self-contained equipment is less than that used in remote equipment, thereby reducing the risk of any negative outcomes. This same commenter claimed that small companies do not have sufficient design resources to meet deadlines for both self-contained and remote equipment for different refrigerants. The commenter stated that allowing the use of R–454A in both selfcontained and remote equipment would greatly reduce the time needed to transition to lower-GWP refrigerants. Response: In response to the first two commenters’ suggestion that listing R– 454A as acceptable for stand-alone units would enable industry to meet the timing goals of the Technology Transitions Rule, we do not agree that R–454A is needed for timely compliance with that restriction. There are already substitutes that meet the 150 GWP limit available on the market for stand-alone retail food refrigeration. For example, R–290 has been listed as acceptable and has been used in standalone units for more than a decade. The Agency is aware of a number of substitutes, including R–290, which will be more broadly allowed, with larger charge sizes, through this rulemaking. Therefore, the Agency disagrees with the first two commenters that expanding the use of R–454A in this end-use is needed to meet requirements of the Technology Transitions Rule because there are already substitutes available in use for this purpose. EPA interprets the third commenter’s request for use of R– 454A in self-contained equipment to apply to retail food refrigeration (standalone units) and to retail food refrigeration (refrigerated food processing and dispensing equipment) that is self-contained, since EPA proposed that all commercial ice machines could use R–454A, and other types of appliances covered by this rule are not self-contained. EPA expects that such equipment in many cases could use other refrigerants with a GWP lower VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 than R–454A’s GWP of 237, such as R– 290, R–471A, R–454C, R–455A, or R– 516A, with GWPs from three to less than 150. EPA also notes that under the final Technology Transitions Rule (88 FR 73098; October 24, 2023), refrigerants containing HFCs used in retail food refrigeration—stand-alone units are limited to those with a GWP less than 150 beginning January 1, 2025; thus, even if EPA were to list R–454A as acceptable for stand-alone units under the SNAP program, it still could not be used after that date. EPA also notes that for larger self-contained commercial ice machines with harvest capacities above certain levels, EPA is finalizing R–454A as acceptable, subject to use conditions (see section II.C.6 of this preamble). Comment: One commenter recommended that EPA list HFO– 1234yf, HFO–1234ze(E), R–454A, R– 454C, R–455A, R–457A, and R–516A as acceptable for use in packaged systems in retail food refrigeration (e.g., walk-in coolers and freezers) as it was unclear if EPA intended the proposed listings to apply to packaged refrigeration systems. The commenter also asserted that the definitions for packaged refrigerating units in EPA’s proposed Technology Transitions Rule and UL 60335–2–89 match and that the industry consensus standard that EPA proposed to incorporate by reference already includes such equipment within its scope. Response: In response to this comment, EPA is clarifying that packaged refrigerating units fall within the same categories where the Agency is finalizing acceptable listings for those refrigerants. UL 60335–2–89 defines a packaged refrigerating unit as ‘‘a factory assembled unit for performing the complete refrigeration cycle (compressing gas, condensation or gas cooling, and evaporation) comprising power-driven refrigerant compressor(s) with motors, condensers or GAS COOLERS,24 liquid receivers, interconnection pipe work, and ancillary equipment, all mounted on a common base.’’ EPA classifies packaged refrigerating units for retail food refrigeration, such as walk-in coolers or freezers, as belonging either to the enduse category ‘supermarket system’ if the refrigerant is supplied on the same multi-compressor refrigerant circuit used to cool food elsewhere in the store or within the end-use category ‘remote condensing unit’ if only a one- or twocompressor system is used (generally dedicated to just the individual walk-in 24 This term is capitalized in the original text of UL’s standard. PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 50421 cooler or freezer). (See also July 20, 2015; 80 FR 42901). If the packaged refrigerating unit is completely selfcontained with no remote condenser, then it would belong to retail food refrigeration—stand-alone units. EPA proposed, and is finalizing, listings for HFO–1234yf, HFO–1234ze(E), R–454A, R–454C, R–455A, R–457A, and R–516A as acceptable, subject to use conditions, in retail food refrigeration—supermarket systems and retail food refrigeration— remote condensing units. In addition, EPA proposed, and is finalizing, listings for HFO–1234yf, HFO–1234ze(E), R– 454C, R–455A, R–457A, and R–516A as acceptable, subject to use conditions, for retail food refrigeration—stand-alone units. Comment: One commenter provided detailed comments on ice cream makers, requesting revisions to the proposal so they become an eligible end-use within the retail food refrigeration sector for the newly listed refrigerants in the final rule. The commenter noted that additional standards would need to be referenced in the final rule for ice cream makers to be included. Specifically, ice cream makers fall under UL 621 in North America and International Electrotechnical Commission (IEC) 60355–2–118 internationally; they are not in the scope of UL 60355–2–89. As such, the proposal would prevent ice cream equipment from using certain flammable low-GWP refrigerants, even when UL 621 and IEC 60335–2–118 have been updated to allow these substances. The commenter requested that EPA expand the use conditions for the food processing and dispensing equipment category to follow all relevant UL and IEC standards. The commenter added that the proposed listings for the sector would increase the cost of equipment due to the need to mitigate high-temperature discharges for refrigerants like R–454C and R–455A using special valves and compressors. Response: EPA agrees with the commenter that equipment for ice cream makers is covered by UL 621 and not by UL 60335–2–89. EPA did not propose to require adherence to UL 621 as a use condition and notes that this standard is currently under development to address the safe use of flammable refrigerants. Therefore, the Agency is not adding requirements in the final rule specific to ice cream makers. EPA will continue to consider changes to relevant standards, and the Agency may consider whether any revisions to the SNAP regulations should be proposed at a future date. In this final rule, listings for refrigerated food processing and dispensing equipment do not apply to equipment that is manufactured according to UL E:\FR\FM\13JNR2.SGM 13JNR2 50422 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 621, i.e., commercial ice cream makers. In response to comments related to the cost of equipment for some of the listed refrigerants, EPA notes this rule does not require the use of any specific refrigerant; rather, this rule establishes requirements that allow for the safe use of the listed refrigerants, such that they do not pose overall greater risk to human health and the environment. Comment: Two commenters claimed that the proposed rule’s statement that the smallest types of retail food refrigeration utilize either brazed or welded refrigerant circuits was incorrect. The commenter stated that thread fittings are used in some cases and requested that this be accounted for in the final rule. Another commenter added that EPA had indicated that small units may be fully brazed and stated that some units may have components with screw fittings like cast iron compressors. They commented that regulations for A2L refrigerants should not require connections that are all brazed. Response: EPA agrees with the comments regarding the incomplete and incorrect statement that the smallest types of retail food refrigeration utilize either brazen or welded refrigerant circuits. EPA did not intend the statement to imply that brazed connections would be required. In response to these comments, the description in section II.A.1 of this preamble also includes threaded fittings. B. Retail Food Refrigeration—Listing R– 290 as Acceptable, Subject to Use Conditions, for Use in New Refrigerated Food Processing and Dispensing Equipment and Revision of the Use Conditions Provided in the Previous Listings of R–290 as Acceptable, Subject to Use Conditions, for Use in New Stand-Alone Units This final rule lists R–290 as acceptable, subject to use conditions, as a substitute for use in one additional end-use category under retail food refrigeration (i.e., new refrigerated food processing and dispensing equipment). Further, EPA is also amending existing use conditions in the 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). One of the use conditions established in that rule was adherence to an earlier standard, UL 471. In this final rule, we are revising those use conditions to be consistent with the most recent U.S. national standard for VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 retail food refrigeration equipment, UL 60335–2–89. Among other things, these revisions will allow safe use of larger charge sizes of R–290 than under UL 471, which will allow for broader use of R–290 as an alternative in these enduses. Similar use conditions apply to other refrigerants with lower flammability in this SNAP action in section II.A of this preamble. The final use conditions are allowed for such equipment manufactured on or after the effective date of this final rule and do not apply to nor affect equipment manufactured before that effective date. This revision to the use conditions incorporates by reference a newer industry standard, changing the reference from Supplement SB in the 10th edition of UL 471, ‘‘Commercial Refrigerators and Freezers,’’ which was required in the earlier SNAP listing for R–290, to UL 60335–2–89. EPA is providing a transition period from the effective date of this final rule through September 29, 2024, during which stand-alone units manufactured with R– 290 may follow either the earlier UL 471 standard or UL 60335–2–89. After the transition period ends, new stand-alone units manufactured with R–290 must follow UL 60335–2–89 for purposes of the SNAP program, unless the new stand-alone units remain essentially unchanged from an earlier model or design that was already UL-listed to the earlier UL 471 standard. Under EPA’s understanding of these standards, if no design, manufacture, or other change is made to equipment that was certified to UL 471 before the sunsetting date, then the equipment may continue to be produced and used. To comply with the use condition, once a design change of any kind is made to equipment that has already been certified under UL 471, the equipment is required to be updated to UL 60335–2–89 requirements, including labeling. Several use conditions finalized for these end-use categories are similar to those finalized for other end-uses. Because of this similarity, EPA discusses the use conditions that apply to all five end-uses in section II.H of this preamble. In summary, the common use conditions are: restricting the use of each refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15–2022 and with UL 60335–2–89 (with certain exceptions), 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 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 responders of potential flammability hazards. In this final action, EPA is revising the existing listing for R–290 in new stand-alone units in appendix R to 40 CFR part 82, subpart G, and adding the new listing for R–290 in refrigerated food processing and dispensing units in appendix Y to 40 CFR part 82, subpart G. The 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 finalizing substantive changes to 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 of this preamble 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 of this preamble 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 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 final 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 refrigerant. This risk screen is available in the docket for this final rule.25 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 venting prohibition under CAA 25 ICF, 2023h. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: Propane (R–290). E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 section 608(c)(2), 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 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 later, EPA estimates that potential emissions of saturated HC refrigerants, such as R–290 and R–600a (isobutane), would not have a greater overall negative impact on local air quality than other acceptable substitutes in this enduse category.26 EPA has conducted multiple analyses of various scenarios to consider the potential impacts on local air quality if HC refrigerants were used widely.27 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 one percent of the NAAQS, and 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 greater risk to the environment than other alternatives. Using the level of the current ozone NAAQS of 70 ppb, use of the most reactive saturated HC, R–600a, with a 100 percent market penetration would just exceed a level that might raise concerns for EPA. However, considering that R–290 is less reactive than R–600a 28 and that R–290 would 26 ICF, 2014a. Assessment of the Potential Impact of Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. February, 2014. 27 Ibid. 28 R–600a has a MIR of 1.34 g O /g R–600a, while 3 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. VerDate Sep<11>2014 20:28 Jun 12, 2024 Jkt 262001 have a market penetration at least as high as that of R–600a,29 we still consider use of saturated HC refrigerants not to result in greater overall risk to human health and the environment. 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 acceptable under this final rule. For example, we assumed use of R–290 in refrigerated food processing and dispensing equipment 30 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.31 Based on this still conservative but more probable assessment of refrigerant use, our assessment performed in 2014 found that even if all the refrigerant in appliances in end-uses addressed in this final 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 8hour average concentration in the Los Angeles area, which is the area with the highest level of ozone pollution in the United States. This value is roughly 0.2 percent of the level of the current ozone NAAQS of 70 ppb on an 8-hour rolling average over a 6-month period between April and September of 2030. 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).32 For areas in the analysis that were not violating the 2008 ozone NAAQS, the impacts did 29 Ibid. 30 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. 31 ICF, 2014a. Assessment of the Potential Impact of Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. February 2014. 32 Ibid. PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 50423 not cause an exceedance of the 2008 ozone NAAQS. EPA also has performed more recent air quality analyses, considering additional end-uses and HC refrigerants that have been listed acceptable more recently (e.g., R–1150 (ethylene) in very low temperature refrigeration) and using updated models.33 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 final use conditions in this rule, would not result in greater overall risk to people’s health or the environment than other alternatives available under SNAP for the same end-use, 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 refrigerated processing and dispensing equipment end-use category, even in a worst-case scenario, we conclude that R–290 does not have a 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. EPA evaluated flammability risk by evaluating reasonable worst-case and more typical, yet conservative, scenarios to model the effects of releases of R–290 in retail food refrigeration. This refrigerant is not expected to present a flammability concern provided the use conditions are followed. The use conditions provide additional safety measures and labeling requirements (e.g., visible warning statement and red coloring on the pipes, hoses, and devices which contain refrigerant) that make equipment owners, consumers, fire marshals, and emergency first 33 ICF, 2022. 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, 2022. E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 50424 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations responders aware of the presence of a flammability hazard. Toxicity and exposure data: R–290 has an ASHRAE toxicity classification of A (lower toxicity). Potential health effects of exposure to this refrigerant include drowsiness or dizziness. The refrigerant may also irritate the skin or eyes or cause frostbite. This refrigerant 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 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 final use conditions (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 three is comparable to that of other acceptable substitutes for new refrigerated food processing and dispensing equipment, including CO2, with a GWP of one. 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,34 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 the flammability of R–290 may be greater than that of other available refrigerants with an ASHRAE 1, 2, or 2L flammability classification in the same end-use, we found its flammability risk to be comparable to those of other acceptable substitutes, even under worst-case assumptions in this end-use category when following the final use conditions.35 We note that 34 ICF, 35 ICF, 2023h. Op. cit. 2023h. Op. cit. VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 flammability risk can be minimized by use consistent with industry standards such as UL 60335–2–89–which applies under the use conditions–and ASHRAE 15–2022–which also applies under the use conditions–as well as recommendations in the manufacturers’ SDS and other safety precautions common in the refrigeration and air conditioning industry. EPA is finalizing use conditions that reduce the flammability risk associated with this alternative so that it will not pose greater overall risk to human health and the environment than other acceptable substitutes in this end-use category. Based on the results of these analyses, EPA is listing R–290 as acceptable, subject to use conditions, in refrigerated food processing and dispensing equipment. R–290 has a GWP of three, 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 an additional, lower-GWP option with lower overall risk to human health and the environment, EPA is listing R–290 as acceptable, subject to use conditions, for use in refrigerated food processing and dispensing equipment. 4. Why is EPA finalizing these specific use conditions for refrigerated food processing and dispensing equipment? For refrigerated food processing and dispensing equipment, EPA is requiring adherence to UL 60335–2–89 for equipment falling under the scope of that standard. Several of the use conditions for refrigerated food processing and dispensing equipment are common to those finalized for R–290 in the commercial ice machine end-use as discussed in section II.D of this preamble. Other use conditions are common to all refrigerants and all five end-uses in this final rule. Because of this similarity, EPA discusses the use conditions that apply to all five enduses in section II.H of this preamble. In summary, the common use conditions for all five end-uses are: restricting the use of each refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15–2022 and with UL 60335–2–89 (with certain exceptions), including testing, charge sizes, ventilation, usage space requirements, and certain hazard warnings and markings; and requirements for warning labels and PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 markings on equipment to inform consumers, technicians, and first responders of potential flammability hazards. 5. How does the 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 preamble EPA is finalizing an exemption for 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 IPR. 6. What existing use conditions 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 refrigerants available at that time for use in this end-use category. 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 SNAP Rule 17 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 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 E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 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 greater in the stand-alone units end-use than other substitutes that are currently or potentially available for that same enduse. 7. What updates to existing use conditions for stand-alone units is EPA finalizing? EPA is finalizing the proposed use conditions that apply to R–290 in new stand-alone units manufactured on or after the effective date of this final rule. The updated use conditions finalized for use of R–290 in stand-alone units are common to those finalized for the commercial ice machine end-use in section II.D of this preamble, and others are common to all five end-uses in this final rule. Because of this similarity, EPA discusses the use conditions that apply to all five end-uses in section II.H of this preamble. For R–290 in standalone units, these use conditions in sections II.D and II.H of this preamble are the only revised use conditions EPA is finalizing—i.e., there are no use conditions pertaining to refrigerant charge capacity or specific applications within stand-alone units. In summary, with the updates finalized for the use conditions for stand-alone units, the common use conditions are: restricting the use of each refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15–2022 and with UL 60335–2–89 (with certain exceptions), 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. EPA is finalizing the use conditions in this action, which apply to new standalone units on or after the effective date of this final rule. This final rule does not apply to nor affect equipment manufactured before the effective date of this action. The final regulatory text presents these different requirements as numbered listings in separate table VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 rows, where the end-use and the effective time period during which the equipment is manufactured are in the left-most column, with the heading ‘‘End-use’’; the specific requirements are listed as use conditions in the fourth column, with the heading ‘‘Use Conditions.’’ Under SNAP, 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 stand-alone units (and most refrigerated food processing and dispensing equipment), this occurs at the factory. New standalone units manufactured between February 21, 2012, and the effective date of the final rule that use R–290 are 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 (in listing 2), including the use condition incorporating by reference Supplement SB to the 10th edition of UL 471. Such products are permitted to be warehoused and sold through normal channels, even if they are sold after the effective date of this final rule. Standalone units using R–290 manufactured on or after the effective date of this final rule are required to meet the use conditions finalized and listed in the revisions to appendix R. Those use conditions 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 this final rule and through September 29, 2024, which is the date when UL is sunsetting UL 471. On and after September 30, 2024, new stand-alone units using R–290 for any new equipment designs or models must meet UL 60335–2–89; for an unchanged model or design that was already listed by UL—that is, certified to meet the requirements of UL 471—the equipment can continue to be manufactured according to that standard’s requirements. EPA is finalizing use conditions allowing all new stand-alone units using R–290 to be manufactured consistent with Supplement SB of UL 471, up to and including September 29, 2024. Therefore, during the time between the effective date of this final rule and September 29, 2024, manufacturers may follow either UL 471, 10th edition or UL 60335–2–89, 2nd edition, depending on which standard the equipment was designed to. This transition date was in this rule’s proposal in order to align with the industry standard sunsetting date for UL 471. It is EPA’s PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 50425 understanding that since proposal, UL has discussed updating its effective date when UL 60335–2–89 replaces UL 471 to reflect a later continuing certification date. EPA is 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 while designing and testing new models and designs. Beginning September 30, 2024, for the purposes of the SNAP program, newly manufactured stand-alone units of new models and designs using R–290 must meet the requirements of UL 60335–2– 89. Newly manufactured stand-alone units of existing models and designs that are certified (e.g., UL-listed) using R–290 that remain unchanged other than cosmetic changes (e.g., color changes) and that meet Supplement SB of UL 471 prior to September 30, 2024, may continue to meet those requirements after that date. In addition, we are requiring manufacturers to follow the set of use conditions that correspond with a specific UL standard (e.g., we are including text in the revisions to appendix R stating that when an entity is using UL 471, it is to follow all use conditions in listing 2 and when using UL 60335–2–89, it is to follow all use conditions in listing 4 in the final revisions to appendix R). See section II.H.1 of this preamble for further discussion on the requirements of UL 60335–2–89, 2nd edition, which EPA is incorporating by reference. EPA also notes that we are continuing to apply without revision two existing use conditions, nor did we take comment on those two existing use conditions. The use conditions finalized in this rule that restrict the use of R–290 to new equipment specifically designed for this refrigerant, and that require redcolored markings on service ports, pipes, hoses, and other devices through which the refrigerant is serviced, repeat the existing use conditions for R–290 in new stand-alone units. 8. How do the new use conditions for R–290 in stand-alone units differ from the existing ones and why is EPA changing the use conditions? The revised use conditions EPA is finalizing for R–290 in stand-alone units are the same as or 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 final requirements that R–290 must be used in new equipment only, and that new E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 50426 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 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 final listing. The revised use conditions concern incorporating by reference the most recent U.S. national industry safety standard and updated labeling requirements consistent with that new standard. Stand-alone units using R–290 manufactured before the effective date of this final rule are not affected by the revised use conditions. Warning labels are required under EPA’s use restrictions for R–290 in stand-alone units, and EPA is continuing to require them, although with some specific language changes. The finalized warning labels are similar to those already established as use conditions for the use of R–290 in standalone units. Using a common set of labels, similar to those from UL 60335– 2–89, will aid in compliance and reduce burden for the industry, especially for a manufacturer that uses more than one refrigerant. EPA is finalizing 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 existing requirement for R–290 in stand-alone units. EPA is incorporating by reference a newer industry standard in the use conditions, including use of UL 60335– 2–89, 2nd edition for equipment newly designed and manufactured on or after the effective date of this final rule instead of continuing to require Supplement SB of the 10th edition of UL 471. 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. 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. 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 enduse, 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.’’ Today, we VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 are finalizing such a change knowing that the standard to which such equipment is UL-listed will transition from UL 471 to the most recent standard, UL 60335–2–89, for newly designed and manufactured equipment as of September 30, 2024. To allow time for manufacturers of stand-alone units to transition between the existing use condition using the 10th edition of UL 471 and the new use condition using UL 60335–2–89, EPA is allowing R–290 to be used in standalone units manufactured either following UL 471 or UL 60335–2–89 during a transition period. That transition period begins on the effective date of this final rule, July 15, 2024, and lasts through September 29, 2024. It is EPA’s understanding that UL intends to sunset UL 471 on September 29, 2024, and EPA is coordinating with that sunset date. Further, based on public comments, EPA understands that UL allows newly manufactured equipment that remains unchanged from its previous UL-listed (certified) design or model to continue to follow an earlier standard such as UL 471 because the manufacturer has made no changes. EPA intends to follow this practice, as well, in this final rule. Beginning September 30, 2024, the use condition allows R–290 to be used in new standalone units that follow UL 60335–2–89, or for newly manufactured stand-alone units that are unchanged from the model or design previously UL-listed as meeting UL 471 10th edition. In addition, manufacturers must 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 final revisions to appendix R). Another revision to the use conditions is the limit on charge sizes. The existing use conditions from SNAP Rule 17 require the charge sizes to be calculated consistent with UL 471, with a maximum charge of 150 g allowed. The final revised use conditions for equipment newly designed and manufactured on or after the effective date of this final rule allow charge sizes calculated based on UL 60335–2–89, which allows charges of up to roughly 500 g of R–290 for open stand-alone units, or roughly 300 g for those with doors and drawers. These changes allow the use of R–290 in larger equipment than previously and provide more options for industry, while mitigating flammability or exposure risk and maintaining safety within a comparative risk framework. Because of the differences between UL 471 and UL 60335–2–89, EPA PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 performed a new risk screen for R–290 as a refrigerant in retail food refrigeration equipment, including stand-alone units.36 In this risk screen, EPA adjusted charge sizes to be consistent with the larger charge sizes of roughly 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, with a limit on ‘‘releasable charge.’’ The updated risk screen found that concentrations of R– 290 still would not exceed the LFL when used according to the new use condition with releasable charge and larger charge sizes and consistent with UL 60335–2–89, and thus the new use conditions also address potential flammability risks of using R–290.37 In addition, the risk screen modeled the reasonable worst-case scenario of shortterm 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.38 According to ASHRAE 34, R–290 is listed under safety group A3 with an ATEL of 50,000 ppm. ASHRAE 34 ATELs are intended to reduce the risks of acute toxicity, asphyxiation, and flammability hazards in normally occupied, enclosed spaces during refrigerant use and protect endusers from the potential dangers of a catastrophic leak from a refrigeration unit. For further information, see the risk screen 39 for R–290 in the docket for this rulemaking. 9. What additional information is EPA including in these listings? EPA is providing additional information related to this final listing for R–290 in new refrigerated food processing and dispensing equipment and the final 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 refrigerant under the SNAP program. See section II.H.2 of this preamble for further discussion on what additional information EPA is including in these listings. This additional information is similar to, but not identical with, the additional information in the listing for R–290 in stand-alone units in SNAP Rule 17, which included additional 36 ICF, 2023h. Op. cit. 37 Ibid. 38 The source of the ATEL is ASHRAE 34–2022, as cited in ICF, 2023h. Op cit. 39 ICF, 2023h. Op. cit. E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 information such as applicable OSHA requirements, need for proper ventilation, use of personal protective equipment, fire extinguishers to keep nearby, use of spark-proof tools and recovery equipment designed for flammable refrigerants, and suggestions for technician training. EPA is finalizing additional information consistent with that included in the final listings for other refrigerants in 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, with additional information such as recommendations for actions to take in case of an accidental release, additional recommended practices for technicians, DOT requirements for transport of flammable gases, and statement that disposed flammable refrigerant is likely to be hazardous waste under RCRA. 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 refrigerants. 10. How is EPA responding to comments on listing R–290 in refrigerated food processing and dispensing equipment and updating the use conditions for R–290 in stand-alone units? Several commenters provided input on listing R–290 as a substitute. Comment: Two commenters referenced charge size considerations for R–290 and asked that EPA align the final rule with industry standards to reduce confusion. One commenter asked EPA to conform its description of R–290 charge sizes to those allowed under UL 60335–2–89 and ASHRAE 15: 13 times the LFL for open appliances (494 g), eight times the LFL for closed appliances with doors and drawers (304 g), and 3 times the LFL in public corridors and lobbies (114 g). To avoid confusion, they cautioned EPA to avoid noting that a charge limit of 500 g of R– 290 is permitted. The same commenter noted that larger charge sizes of R–290 are only permitted for products listed to UL 60335–2–89, and not UL 471. A different commenter added that the UL 60335–2–89 standard for stand-alone retail food refrigeration equipment with R–290 is thorough and sufficient. They mentioned that conversion of selfcontained refrigeration equipment using R–290 is currently constrained by the use restrictions for stand-alone retail food refrigeration (150 grams or less in UL 471). They added that work remains to properly and safely convert products that require larger charges of R–290 to VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 supply the cooling capacity needed. Another commenter requested that EPA allow larger charges of R–290 in the high side of cascade systems or secondary systems in all applications. They stated that R–290 can be paired with carbon dioxide to make an energy efficient system in warmer climates. They added that the International Institute of Ammonia Refrigeration (IIAR) is developing a standard specifically for the use of R–290. Response: EPA agrees with the commenters concerning the description of charge sizes for R–290 and the related requirements of UL 60335–2–89 and ASHRAE 15. Specifically, UL 60335–2– 89 limits charge sizes for R–290 to 13 times the LFL for open appliances (494 g), eight times the LFL for closed appliances with doors and drawers (304 g), and ASHRAE 15–2022 limits charges to 3 times the LFL in public corridors and lobbies (114 g). As noted by the commenters, the charge size limit for R– 290 is 150 g for equipment following UL 471. EPA did not propose to list R–290 as acceptable, subject to use conditions, for the high side of cascade systems or secondary loop systems in all applications and did not receive information in a submission for such uses of R–290; thus, EPA has not performed necessary analysis to make a listing decision nor provided an opportunity for comment on that analysis. EPA also notes that the current edition (2nd edition) of UL 60335–2–89 only allows use of A3 (higher flammability) refrigerants in selfcontained equipment, which applies to stand-alone units and to some refrigerated food processing and dispensing equipment, not to supermarket systems or remote condensing units. In response to the comments regarding IIAR standard development, EPA would first need to review a final standard and propose it as a use condition before requiring it in a final listing; thus, this comment is beyond the scope of this rulemaking. EPA will continue to monitor development of and changes to relevant standards, and the Agency may consider whether any additions to or revisions to the SNAP program regulations should be proposed at a future date. Comment: One commenter stated that expanding the use of R–290, with a low GWP, will help minimize harmful climate impacts of refrigerant emissions while maintaining safe systems. Response: EPA agrees in general that allowing greater use of R–290 would allow for lower climate impacts, and so long as R–290 is used according to the use conditions in this final rule, we PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 50427 expect it will be used as safely as other available substitutes for the same uses. C. Commercial Ice Machines—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 This final rule lists 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 listings for refrigerants HFC–32, R–454A, and R–454B are being finalized in this rule only for larger equipment—specifically, remote commercial ice machines, selfcontained batch-type commercial ice machines with a harvest rate greater than 1,000 lb ice per 24 hours, and selfcontained continuous-type commercial ice machines with a harvest rate above 1,200 lb ice per 24 hours; EPA is not finalizing listings for those three refrigerants for smaller commercial ice machines at this time. Several use conditions finalized for commercial ice machines are common to those finalized for other end-uses. Because of this similarity, EPA discusses the use conditions that apply to all five end-uses in section II.H of this preamble. For commercial ice machines, those are the only use conditions EPA is finalizing. In summary, the common use conditions are: restricting the use of each refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15–2022 and with UL 60335–2–89 (with certain exceptions), 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. In this final action, EPA is revising the existing listing for R–290 in new self-contained commercial ice machines in appendix V to 40 CFR part 82, subpart G. The 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 finalizing substantive changes to those earlier decisions, e.g., listings for R–290 in new water coolers and in new very low temperature refrigeration equipment. E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 50428 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 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 40 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 condensing equipment). The listings described in section II.C.4 of this preamble apply both to larger self-contained commercial ice machines and to remote condensing commercial ice machines. 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.’’ Commercial ice machines can also be divided between batch-type machines (e.g., providing cubed ice) and continuous-type machines (e.g., providing flaked ice). Batch-type (also called cube type) ice machines harvest ice with alternating freezing and harvesting periods. Batch-type commercial ice machines can be used in a variety of applications but are generally used to generate ice for use in beverages. Batch-type commercial ice machines are often employed in hotels, hospitals, and restaurants where beverages are served. Continuous-type ice makers produce ice through a continuous freeze and harvest process and include flake and nugget ice machines. Flake ice is used primarily in food displays, such as seafood grocery store displays or salad bars, whereas nugget ice (also known as chewable ice) is primarily used in beverage applications such as smoothies and blended cocktails. DOE sets energy conservation standards for commercial ice machines and distinguishes these 40 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. VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 based in part on their harvest rate,41 defined as ‘‘as the amount of ice (at 32 degrees F) in pounds produced per 24 hours.’’ 10 CFR 431.132. R–404A has commonly been used in remote condensing commercial ice machines, while both R–404A and R– 410A have been commonly used in selfcontained commercial ice machines. Recently, there has been the introduction of smaller self-contained commercial ice machines that use R– 290. 2. What are the ASHRAE classifications for refrigerant flammability? ASHRAE 34–2022 categorizes the refrigerants for commercial ice machines in this section as being in the A2L Safety Group. See section II.A.2 of this preamble 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 of this preamble for further discussion on the identity, environmental, flammability, toxicity, and exposure information for HFO– 1234yf, R–454A, R–454C, R–455A, R– 457A, and R–516A.42 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 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 refrigerants. These risk 41 For purposes of this rule, the harvest rate shall be determined in accordance with 10 CFR 431.134. 42 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 heat pumps (86 FR 24444, May 6, 2021). EPA previously listed HFC–32 as acceptable, subject to use conditions, in selfcontained 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. PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 screens are available in the docket for this rule.43 44 45 46 47 48 49 50 Environmental information: HFC–32 and R–454B, as well as the other refrigerants being listed in this end-use, have ODPs of zero. HFC–32 has a GWP of 675. If the GWPs for the components of R–454B, HFC–32 and HFO–1234yf (GWP of one), are weighted by mass percentage, then the blend R–454B has a GWP of about 465. Both of the components of R–454B, HFC–32 and HFO–1234yf, are excluded from EPA’s regulatory definition of VOC (see 40 CFR 51.100(s)) for the purpose of addressing the development of SIPs to attain and maintain the NAAQS. 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 IPR, 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 IPR) 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 HFC–32 or R– 454B. Flammability information: HFC–32 and R–454B are both classified as 2L refrigerants under ASHRAE Standards reflecting that these compounds are flammable but have lower burning velocity than compounds listed as 2 or 3 under the ASHRAE standard. EPA evaluated flammability risk by evaluating reasonable worst-case and more typical, yet conservative, scenarios to model the effects of releases of HFC– 32 and R–454B, respectively, in the listed end-uses. These refrigerants are 43 ICF, 2024i. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: HFC–32. 44 ICF, 2024j. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: HFO–1234yf. 45 ICF, 2024k. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R–454A (Opteon® XL40). 46 ICF, 2024l. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R–454B. 47 ICF, 2024m. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R–454C (OpteonTM XL20). 48 ICF, 2024n. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R–455A (Solstice® L40X). 49 ICF, 2024o. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R–457A (Forane® 457A). 50 ICF, 2024p. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R–516A (Forane® 516A). E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations not expected to present a flammability concern provided the use conditions are followed. The use conditions provide additional safety measures and labeling requirements (e.g., visible warning statement and red coloring on the pipes, hoses, and devices which contain refrigerant) that make equipment owners, consumers, fire marshals, and emergency first responders aware of the presence of a flammability hazard. Toxicity and exposure data: HFC–32 and R–454B have an ASHRAE toxicity classification of A. Potential health effects of exposure to these refrigerants include drowsiness or dizziness. The refrigerants may also irritate the skin or eyes or cause frostbite. At sufficiently high concentrations, the refrigerants may cause irregular heartbeat. The refrigerants could cause asphyxiation if air is displaced by vapors in a confined space. These potential health effects are common to many refrigerants. AIHA has established a WEEL of 1,000 ppm (8-hr TWA) for HFC–32 and a WEEL of 500 ppm as an 8-hr TWA for HFO–1234yf, the components of R– 454B. The manufacturer of R–454B recommends an AEL for the workplace of 854 ppm on an 8-hr TWA for this blend, as does ASHRAE 34–2022. EPA anticipates that users will be able to meet the AIHA WEELs and the manufacturer’s AEL and address potential health risks by following requirements and recommendations in the manufacturers’ SDS, the final use conditions (including adherence to UL 60335–2–89 and ASHRAE Standard 15), and other safety precautions common to the refrigeration and AC industry. 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 one, comparable to that of R–290 and ammonia with GWPs of three and zero. R–454A, R–454B, R–454C, R–455A, R– 457A, and R–516A have GWPs ranging from 140 to 465, higher than some of the acceptable substitutes for new commercial ice machines 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 VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 employed in larger systems. Our evaluation is that the characteristics of HFC–32, R–454A, and R–454B 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 of this preamble 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 listed refrigerants can be mitigated by use consistent with UL 60335–2–89 and ASHRAE 15–2022– which are required by our final use conditions–and other industry standards; recommendations in the manufacturers’ SDS; and other safety precautions common in the refrigeration and AC industry. The flammability risks of HFC–32, HFO–1234yf, and the refrigerant blends R–454A, R–454B, R–454C, R–455A, R– 457A, and R–516A in the new commercial ice machine end-use, determined by the likelihood of exceeding their respective LFLs, are evaluated in the risk screens referenced previously in this section. While these refrigerants 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 as use conditions in this rule, as well as recommendations in the manufacturers’ SDS and other safety precautions common in the refrigeration and AC industry. EPA is requiring use conditions to reduce the potential risk associated with the flammability of these alternatives so that they will not pose greater overall risk to human health and the environment than other PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 50429 acceptable substitutes in the new commercial ice machines end-use. In addition, the listed refrigerants have lower GWPs than most other available alternatives for new commercial ice machines. The listing of these refrigerants provides 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 refrigerants with lower GWPs for the full range of new commercial ice machines and, therefore, lower overall risk to human health and the environment, EPA is listing HFO– 1234yf and the refrigerant blends R– 454C, R–455A, R–457A, and R–516A as acceptable, subject to use conditions, for use in all types of new commercial ice machines. Further, EPA is listing HFC– 32, R–454A, and R–454B as acceptable, subject to use conditions, in larger commercial ice machines: specifically, remote commercial ice machines, selfcontained batch-type commercial ice machines with a harvest rate greater than 1,000 lb ice per 24 hours, and selfcontained continuous-type commercial ice machines with a harvest rate above 1,200 lb ice per 24 hours. EPA is not finalizing listings for those three refrigerants for smaller self-contained commercial ice machines at this time, as lower-GWP refrigerants, such as R–290, perform adequately. Further, EPA notes that in the final Technology Transitions Rule under the AIM Act, smaller selfcontained commercial ice machines, namely, batch-type self-contained units with a harvest rate at or below 1,000 lb ice per 24 hours and continuous-type self-contained units with a harvest rate at or below 1,200 lb ice per 24 hours, are restricted to using refrigerants with a GWP less than 150. 4. Why is EPA finalizing these specific use conditions? The use conditions identified in these final listings are explained in section II.H.1 of this preamble in greater detail. E:\FR\FM\13JNR2.SGM 13JNR2 50430 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 5. What additional information is EPA including in these listings? EPA is providing additional information related to these 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. 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 refrigerants. See section II.H.2 of this preamble for further discussion on what additional information EPA is including in these listings. lotter on DSK11XQN23PROD with RULES2 6. How is EPA responding to comments on commercial ice machines? Comment: One commenter recommended that EPA restrict acceptable substitutes in commercial ice machines to those below a 150 GWP limit. The reason for this commenter’s request was to align with GWP limits in the proposed Technology Transition rulemaking, which, as proposed, would set a January 1, 2025, compliance date limiting refrigerants over a GWP of 150 for self-contained commercial ice machines with a charge of 500 grams or less. They noted the proposed SNAP Rule 26’s inclusion of HFC–32, R–454A, and R–454B for use in commercial ice machines would conflict with the proposed Technology Transitions Rule, which would restrict the GWP of refrigerants below 150 in self-contained commercial ice machines with a charge size less than 500 g. The commenter pointed out that low-GWP refrigerants like carbon dioxide and R–717 would still be available for use in this subsector. The commenter opposed the addition of any refrigerants with a GWP of greater than 150, as required under the proposed Technology Transitions Rule, including R–454A in selfcontained equipment. Response: In this final rule, EPA is listing HFC–32, R–454A, and R–454Bx as acceptable, subject to use conditions, for remote condensing and larger selfcontained commercial ice machines and is listing HFO–1234yf, R–454C, R–455A, R–457A, and R–516A as acceptable, subject to use conditions, for all commercial ice machines. The Agency is aware that commercial ice machine manufacturers have found it difficult to design for the use of alternative refrigerants with a GWP less than 150 (like carbon dioxide and R–717) that have adequate performance properties (e.g., sufficiently high pressure and volumetric capacity and a lower boiling VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 point) for use with larger equipment (i.e., with a larger ice harvest rate) or with a remote condenser; thus, EPA is listing three refrigerants as acceptable in this rule that have a GWP of greater than 150 that equipment manufacturers have been testing for use in commercial ice machines (i.e., HFC–32, R–454A, and R– 454B). These three refrigerants have GWPs of 237 for R–454A, 465 for R– 454B, and 675 for HFC–32, which are still lower than or comparable to refrigerants such as R–450A or R–513A, with GWPs of approximately 600 and 630. Further, their GWPs are significantly lower than commonly used HFC blends such as R–410A with a GWP of 2,090 and R–404A with a GWP of 3,920. In response to comments related to the Technology Transitions Rule, as noted previously in this preamble, EPA agrees that there may be circumstances where there is little practical value in finalizing an acceptable listing for an alternative where the Technology Transitions Rule would restrict its use. However, that is not the situation here for this listing for R–454A with a GWP of 237, R–454B with a GWP of 465, and HFC–32 with a GWP of 675, for use in remote condensing and larger selfcontained commercial ice machines. The Agency notes that the final Technology Transitions Rule categorizes self-contained commercial ice machines differently than in the proposed Technology Transitions Rule. EPA restricted refrigerants to those with a GWP of less than 150 for self-contained commercial ice machines with a harvest rate less than or equal to 1,000 or 1,200 pounds of ice per 24 hours (depending on whether the equipment was batchtype or continuous-type). Self-contained commercial ice machines with greater harvest rates are restricted from using certain higher-GWP HFC blends under that rule, but the refrigerants being listed in this final SNAP rule are not otherwise prohibited under the final Technology Transitions Rule. EPA did not propose, and is not finalizing in this action, a use condition restricting the use of those refrigerants that have a GWP of 150 or greater (i.e., HFC–32, R– 454A, and R–454B). While EPA is not finalizing such a restriction in this action, in the future, EPA may consider further whether such a restriction would be appropriate under SNAP. EPA additionally notes, however, those refrigerants are still prohibited under the final Technology Transition rule for self-contained commercial ice machines with harvest rates less than or equal to 1,000 or 1,200 pounds per day. PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 D. Commercial Ice Machines—Revision of the Use Conditions in the Previous Listing of R–290 as Acceptable, Subject to Use Conditions, for Use in New SelfContained Commercial Ice Machines EPA is revising use conditions in the existing listing of R–290 as acceptable, subject to use conditions, for use in new elf-contained commercial ice machines established in SNAP Rule 21 (81 FR 86779, December 1, 2016). In this final rule, we are updating those use conditions to be consistent with the most recent U.S. national industry safety standard for commercial refrigeration equipment, including selfcontained commercial ice machines, UL 60335–2–89. Among other things, these revisions will allow safe use of larger charge sizes of R–290 than under the previous use condition requiring an earlier standard, UL 563, which will allow for broader use of R–290 as an alternative in this end-use. Similar use conditions apply to other refrigerants with lower flammability in this SNAP action in section II.C of this preamble. The final use conditions are allowed for such equipment manufactured on or after the effective date of this final rule and do not apply to nor affect equipment manufactured before that effective date. This revision to the use conditions incorporates by reference a newer industry standard, changing the reference from Supplement SA to the 8th edition, dated July 31, 2009, of UL 563, ‘‘Ice Makers’’ to UL 60335–2–89. EPA is providing a transition period during which self-contained commercial ice machines manufactured with R–290 may follow either UL 563 or UL 60335– 2–89. After the transition period ends, new self-contained commercial ice machines manufactured with R–290 must follow UL 60335–2–89 for purposes of the SNAP program, except as noted below for models that remain essentially unchanged from their earlier UL certification to UL 563. Several use conditions finalized for this end-use are similar to those finalized for other end-uses. Because of this similarity, EPA discusses the use conditions that apply to all five enduses in section II.H of this preamble. In summary, the common use conditions are: restricting the use of the refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15–2022 and with 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 E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations inform consumers, technicians, and first responders of potential flammability hazards. The regulatory text of the use conditions appears in tables at the end of this document. In this final action, EPA is revising the existing listing for R–290 in new self-contained commercial ice machines in appendix V to 40 CFR part 82, subpart G. The revised regulatory text contains listing decisions for new selfcontained commercial ice machines in appendix V. EPA is also republishing certain other previous listings for purposes of formatting for the Federal Register; EPA is not finalizing substantive changes to those earlier decisions (e.g., 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 of this preamble 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 of this preamble for further discussion on ASHRAE classifications. lotter on DSK11XQN23PROD with RULES2 3. What is R–290 and where is there information on its use in this end-use? See section II.B.3 of this preamble 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 final 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 refrigerant in self-contained commercial ice machines. The risk screen is available in the docket for this final rule.51 4. What existing use conditions 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 51 ICF, 2023q. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: (R–290). VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 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 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 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 refrigerant, including the risk due to flammability, was not greater in this end-use than other substitutes that are currently or potentially available for that same end-use. 5. What updates to existing use conditions for commercial ice machines is EPA finalizing? EPA is finalizing the proposed use conditions that apply to R–290 in new self-contained commercial ice machines manufactured on or after the effective date of this final rule. Several of the updated use conditions finalized for use of R–290 in self-contained commercial ice machines are common to those finalized for the stand-alone units enduse in section II.B of this preamble. Other use conditions are common to all refrigerants and all five end-uses in this final rule. Because of this similarity, EPA discusses the use conditions that apply to all five end-uses in section II.H of this preamble. For R–290 in selfcontained commercial ice machines, these are the only revised use conditions EPA is finalizing. In summary, the common use conditions for all five end-uses are: restricting the use of the refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15–2022 and with UL 60335–2–89 (with certain PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 50431 exceptions), 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. EPA is finalizing the use conditions in this action, which apply to new selfcontained commercial ice machines manufactured on or after the effective date of this final rule. This final rule does not apply to nor affect equipment manufactured before that effective date. The final regulatory text presents these different requirements as numbered listings in separate table rows, where the end-use and the effective time period during which the equipment is manufactured are in the left-most column, with the heading ‘‘End-use’’; the specific requirements are listed as use conditions in the fourth column, with the heading ‘‘Use Conditions.’’ Under SNAP, 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. New self-contained commercial ice machines manufactured using R–290 between January 3, 2017, and the effective date of this final rule are 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 are permitted to be warehoused and sold through normal channels, even if they are sold after the effective date of this final rule. Selfcontained ice machines using R–290 manufactured on or after the effective date of this final rule are required to meet the use conditions finalized and listed in the revisions to appendix V. Those use conditions allow manufacturers of new self-contained commercial ice machines using R–290 to follow either UL 563 or UL 60335– 2–89, dependent upon which standard the equipment was manufactured, from the effective date of this final rule and will last through September 29, 2024, which is the date when UL is sunsetting UL 563. On and after September 30, 2024, new self-contained commercial ice machines using R–290 for any new equipment designs or models must meet E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 50432 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations UL 60335–2–89; for an unchanged model or design that was already listed by UL—that is, already certified to meet the requirements of UL 563—it could continue to meet those requirements. EPA is finalizing use conditions allowing all new self-contained commercial ice machines using R–290 to be manufactured consistent with Supplement SA of UL 563, up to and including September 29, 2024. Therefore, during the time between the effective date of this final rule and September 29, 2024, manufacturers may follow either UL 563, 8th edition or UL 60335–2–89, 2nd edition, depending on which standard the equipment was designed to. This transition date was in this rule’s proposal in order to align with the industry standard sunsetting date for UL 563. It is EPA’s understanding that since proposal, UL has discussed updating its effective date when UL 60335–2–89 replaces UL 563 to reflect a later continuing certification date. EPA is 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 563 to UL 60335–2–89 while designing and testing new models and designs. Beginning September 30, 2024, for the purposes of the SNAP program, newly manufactured self-contained commercial ice machines of new models and designs using R–290 must meet the requirements of UL 60335–2–89. Newly manufactured self-contained commercial ice machines of existing models and designs that are certified (e.g., UL-listed) using R–290 that remain unchanged other than cosmetic changes (e.g., color changes) and that meet Supplement SA of UL 563 prior to September 30, 2024, may continue to meet those requirements after that date. In addition, EPA is requiring manufacturers to follow the set of use conditions that correspond with a specific UL standard (e.g., EPA included text in the revisions to appendix V stating that when an entity is using UL 563, it is to follow all use conditions in listing 1 and when using UL 60335–2– 89, it is to follow all use conditions in listing 3 in the final revisions to appendix V). See section II.H.1of this preamble for further discussion on the requirements of UL 60335–2–89, 2nd edition, which EPA is incorporating by reference. EPA also notes that we are continuing to apply without revision two existing use conditions, nor did we take VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 comment on those two existing 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 existing use conditions for R–290 in new selfcontained commercial ice machines. 6. How do the new use conditions for commercial ice machines differ from the existing ones and why is EPA changing the use conditions? The revised use conditions EPA is finalizing for self-contained commercial ice machines 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 existing 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 final listing. The revised use conditions concern incorporating by reference the most recent U.S. industry 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 this final rule are not affected by the revised use conditions. Warning labels are required under EPA’s existing regulations, and EPA is continuing to require them, although with some specific language changes. The finalized warning labels are identical to those previously required as use conditions for the use of R–290 in self-contained commercial ice machines. Using a common set of labels, like those in UL 60335–2–89, aids in compliance and could reduce burden for the industry, especially for a manufacturer that uses more than one refrigerant. EPA is finalizing 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 existing requirement for R–290 in self-contained commercial ice machines. EPA is incorporating by reference a newer industry standard in the use conditions, including use of UL 60335– 2–89, 2nd edition, instead of continuing to require the standard Supplement SA of the 8th edition of UL 563 for equipment manufactured on or after the effective date of this final rule. 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 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 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 is aware of the continuing progress of UL standards to address flammable refrigerants. Today, we are finalizing such a change knowing that UL is replacing the standard to which such equipment is UL-listed 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 existing use condition using the 8th edition of UL 563 and the new use condition using UL 60335–2–89, EPA is allowing 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. That transition period begins on the effective date of this final rule and lasts through September 29, 2024. It is EPA’s understanding that UL intends to sunset UL 563 on September 29, 2024, and EPA is coordinating with that sunset date. Further, based on public comments, EPA understands that UL allows newly manufactured equipment that remains unchanged from its previous UL-listed (certified) design or model to continue to follow an earlier standard such as UL 563 because the manufacturer has made no changes. EPA is adopting a similar approach, as well, in this final rule. Beginning September 30, 2024, the use condition allows R–290 to be used in new self-contained commercial ice machines that follow UL 60335–2–89 or in newly manufactured stand-alone units that are unchanged from the model or design previously UL-listed as meeting UL 563, 8th edition. In addition, manufacturers must 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 final revisions to appendix V of part 82, subpart G). Another revision to the use conditions is the limit on charge sizes. The existing use conditions from SNAP Rule 21 require charge sizes to be calculated consistent with UL 563, with a maximum charge size of 150 g allowed. The final revised use conditions for equipment manufactured on or after the effective date of this final rule allow charge sizes calculated based on UL 60335–2–89, which allows charge sizes E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 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 allow the use of R–290 in larger equipment than previously and provide more options for industry, while maintaining environmental health and human 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 self-contained commercial ice machines.52 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 new use condition with releasable charges and larger charge limits and consistent with UL 60335–2–89, and thus the new use conditions also address flammability risks of using R– 290.53 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.54 For further information, see the risk screen55 for R–290 in self-contained commercial ice machines in the docket for this rulemaking. 7. What additional information is EPA including in this listing? EPA is providing additional information related to this final listing. Since this additional information is not part of the regulatory decision under SNAP, these statements are not binding for use of the substitute under the SNAP program. While the items listed are not legally binding under the SNAP program, EPA encourages users of substitutes to apply all statements in the ‘‘Further Information’’ column in their use of these refrigerants. See section II.H.2 of this preamble for further discussion on what additional information EPA is including in these listings. EPA notes that the additional information is similar to, but not identical with, the additional information in the listing for R–290 in self-contained commercial ice machines 52 ICF, 2024q. Op. cit. 53 Ibid. 54 Ibid. 55 Ibid. VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 in SNAP Rule 21. EPA is finalizing additional information to that included in the listings for R–290 in selfcontained commercial ice machines in SNAP Rule 21. 8. How is EPA responding to comments on listing R–290 and updating the use conditions for R–290 in self-contained commercial ice machines? Comment: One commenter expressed that EPA should not allow for the use of R–290 in commercial ice machines with remote compressors that are not self-contained due to flammability concerns. Specifically, the commenter stated that the use of R–290 is restricted in UL 60335–2–89 to self-contained equipment to lessen the risks associated with higher flammability refrigerants. Response: EPA agrees with the commenter that R–290 should not be allowed in commercial ice machines with remote compressors that are not self-contained due to flammability concerns. The 2nd edition of UL 60335– 2–89 limits the use of R–290 to selfcontained commercial ice machines, and that standard does not allow for use the use of R–290 in commercial ice machines with remote compressors. EPA is finalizing use conditions for R– 290 in this final rule that are consistent with using R–290 only in self-contained commercial ice machines and is not listing R–290 as acceptable in commercial ice machines with remote compressors. Comment: Two commenters suggested clarifications surrounding manufacturers’ use of R–290 in selfcontained products (150 grams or less). They noted that UL will allow manufacturers to continue under UL 563 requirements until a significant product change is made or the manufacturer withdraws their file. The commenters stated that only at that time will R–290 equipment become subject to 60335–2–89. They asked for EPA to clarify this in the final rule. Response: EPA addressed a similar comment with respect to refrigerated food processing and dispensing equipment end-uses in section II.B.10 of this preamble. Those reasons are also applicable to this end-use and for the same reasons, EPA is finalizing an enduse description and use conditions for R–290 in this final rule that are consistent with using R–290 only in self-contained commercial ice machines and not in commercial ice machines with remote compressors. PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 50433 E. Industrial Process Refrigeration— 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 This final rule lists 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 IPR equipment. HFO– 1234yf, HFO–1234ze(E), and the refrigerant blends R–454C, R–455A, R– 457A, and R–516A are being listed for all IPR equipment including both chillers and non-chiller—e.g., direct expansion (DX)—IPR equipment. The listings for refrigerants HFC–32, R– 454A, and R–454B are being finalized in this rule only for chillers for IPR and for DX IPR equipment where the temperature of the refrigerant entering the evaporator is less than or equal to ¥30 °C and for R–454A, also may be used in DX IPR equipment with a refrigerant charge capacity less than 200 pounds or in the high-temperature side of a cascade system with the refrigerant temperature entering the evaporator higher than ¥30 °C. EPA is not finalizing listings for those three refrigerants for other IPR uses at this time. EPA is modifying the proposed use conditions for R–454A, R–454B, and HFC–32 to also allow these substitutes in direct expansion IPR equipment with refrigerant entering the evaporator at temperatures less than or equal to ¥30 °C, based on public comment regarding the limited availability of substitutes for this particular temperature range and based upon our comparative risk analysis concluding that these substitutes for these specific uses and use conditions are not expected to pose greater risk to overall health or the environment. EPA is not reaching a final decision in this rule on these refrigerants for other IPR uses for HFC– 32 and R–454B (i.e., for DX IPR equipment with the refrigerant temperature entering the evaporator higher than ¥30 °C). Most of the use conditions finalized for the A2L refrigerants when used in IPR are the same as those finalized for other end-uses. Because of this similarity, EPA discusses the use conditions that apply to all five enduses in section II.H of this preamble. In summary, the common use conditions are: restricting the use of each refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15–2022 and E:\FR\FM\13JNR2.SGM 13JNR2 50434 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 with UL 60335–2–89 (with certain exceptions), 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. In addition to the common use conditions discussed in section II.H of this preamble, the following use condition also applies to HFC–32 and R–454B in IPR: these refrigerants may only be used in IPR: (1) For chillers or (2) for equipment that is not a chiller withe the refrigerant temperature entering the evaporator is less than or equal to ¥30 °C. The following use condition also applies for R–454A in IPR: this substitute may only be used in IPR (1) for chillers, (2) equipment with the refrigerant temperature entering the evaporator less than or equal to ¥30 °C, (3) equipment with a refrigerant charge capacity less than 200 pounds and with the refrigerant temperature entering the evaporator higher than ¥30 °C (¥22 °F), and (4) in the high-temperature side of a cascade system with the refrigerant temperature entering the evaporator higher than ¥30 °C. The regulatory text of the final decisions appears in tables at the end of this document and is being codified in appendix Y to 40 CFR part 82, subpart G. The final regulatory text contains listing decisions for the end-use discussed in this section. EPA notes that there may be other legal obligations pertaining to the manufacture, use, handling, and disposal of these 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 refrigerant for specific applications depends on ambient and required operating temperatures and pressures. It is EPA’s understanding that this type of equipment may fall under the scope of ASHRAE 15–2022. This type of equipment also typically falls under the VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 scope of UL 60335–2–89, ‘‘Requirements for Commercial Refrigerating Appliances and Ice-Makers with an Incorporated or Remote Refrigerant Unit or Motor-Compressor’’ if it is not used in an industrial occupancy 56 and that it always falls under ASHRAE 15. In contrast, industrial process air conditioning primarily cools people, although it may also cool processes, and follows a different UL standard (UL 60335–2–40). When chillers are used primarily to cool process streams, rather than for comfort cooling, SNAP describes this application as ‘‘chillers in IPR.’’ 2. What are the ASHRAE classifications for refrigerant flammability? ASHRAE 34–2022 categorizes the refrigerants listed for IPR in this section as being in the A2L Safety Group. See section II.A.2 of this preamble 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 sections II.A.3 and II.C.3 of this preamble for further discussion on the environmental, flammability, toxicity, and exposure information for these refrigerants. The redacted submission and supporting documentation for HFC–32, HFO–1234yf, HFO–1234ze(E), R–454A, R–454B, R–454C, R–455A, R–457A, and R–516A is provided in the docket for this 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 refrigerants. These risk screens are available in the docket for this rule.57 58 59 60 61 62 63 64 65 56 ASHRAE 15–2022 defines industrial occupancy as, ‘‘a premise or that portion of a premise that is not open to the public, where access by authorized persons is controlled, and that is used to manufacture, process, or store goods such as chemicals, food, ice, meat, or petroleum.’’ 57 ICF, 2023r. Risk Screen on Substitutes in Industrial Process Refrigeration (New Equipment); Substitute: HFC–32 (Difluoromethane). 58 ICF, 2023s. Risk Screen on Substitutes in Industrial Process Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New Equipment); Substitute: HFO–1234yf. 59 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). 60 ICF, 2023u. Risk Screen on Substitutes in Industrial Process Refrigeration and Cold Storage Warehouses (New Equipment); Substitute: R–454A (Opteon® XL40). 61 ICF, 2023v. Risk Screen on Substitutes in Industrial Process Refrigeration (New Equipment); Substitute: R–454B (Opteon® XL41). PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 Comparison to other substitutes in this end-use: HFC–32, HFO–1234yf, HFO–1234ze(E), 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 0.0004.66 HFO–1234yf and HFO–1234ze(E) both have a GWP of one, comparable to that of R–290 and ammonia with GWPs of three 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, which EPA is restricting to use in chillers for IPR or in IPR equipment with the refrigerant temperature entering the evaporator is less than or equal to ¥30 °C, 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 refrigerants that have typically been employed in chillers for IPR, but as of January 1, 2026 or January 1, 2028, depending on the temperature range, will be subject to restrictions in new IPR systems under the Technology Transitions Rule. In light of that upcoming restriction, EPA is listing HFC–32 and R–454B to provide additional lower-GWP, low-temperature refrigerants in these end-uses. This upcoming restriction, and the corresponding value of providing additional lower-GWP, low temperature refrigerants in these end-uses, are additional considerations that informed EPA’s decision on this listing. Information regarding the toxicity of other available alternatives is provided 62 ICF, 2023w. Risk Screen on Substitutes in Industrial Process Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New Equipment); Substitute: R–454C (OpteonTM XL20). 63 ICF, 2023x. Risk Screen on Substitutes in Industrial Process Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New Equipment); Substitute: R–455A (Solstice® L40X). 64 ICF, 2023y. Risk Screen on Substitutes in Industrial Process Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New Equipment); Substitute: R–457A. 65 ICF, 2023z. Risk Screen on Substitutes in Industrial Process Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New Equipment); Substitute: R–516A. 66 WMO, 2022. E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations in the previous listing decisions for new IPR equipment (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, are evaluated in the risk screens referenced previously. 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 these 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 LFLs, are evaluated in the risk screens referenced in this section. 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, if applicable, UL 60335–2–89, as required by our 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 finalizing use conditions to reduce the potential risk associated with the flammability of the alternatives so that they will not pose greater overall risk to human health and the environment than other acceptable substitutes for new equipment in the IPR end-use. In addition, the listed substitutes have lower GWPs than most other available alternatives for the same uses. The listed 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 VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 for the range of equipment in the IPR end-use. To provide additional options to ensure the availability of refrigerants with lower GWPs for the full range of IPR equipment and, therefore, lower overall risk to human health and the environment, EPA is listing 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 listing the refrigerants HFC–32 and R–454B with a use condition restricting their use to chillers in IPR or in IPR equipment with the refrigerant temperature entering the evaporator is less than or equal to ¥30 °C. These refrigerants have higher GWPs than the other refrigerants EPA is listing as acceptable, subject to use conditions, but lower GWPs than many refrigerants typically used today in chillers for IPR, such as R–410A and R–404A, with GWPs of 2,090 and 3,290 respectively (but will be restricted as soon as January 1, 2026). These refrigerants also have lower flammability than HC refrigerants currently listed as acceptable in IPR. In light of upcoming restrictions under the Technology Transitions Rule, EPA is listing additional substitutes for use in these end-uses. 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, safe to human health, or environmentally suitable. In addition, these refrigerants may provide additional, lower-GWP options for IPR equipment where the temperature of the refrigerant needs to attain temperatures less than or equal to ¥30 °C; fewer refrigerants have boiling points low enough to achieve these lower temperatures, and thus, EPA is also finalizing listings for HFC–32 and for R–454B, with boiling points of ¥51.9 °C and ¥51 °C, respectively, to provide additional options. EPA is also listing 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, in the high-temperature side of a cascade system, or in IPR equipment with the refrigerant entering the evaporator is less than or equal to ¥30 °C. This refrigerant may provide additional, lower-GWP options for chillers for IPR, where greater volumetric capacity and higher operating pressures may be required to PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 50435 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 non-chiller IPR equipment with moderate charge sizes and for cascade systems; hence, EPA is listing R–454A as acceptable, subject to use conditions, for use in new nonchiller IPR equipment with a charge size capacity less than 200 pounds or for use in the high-temperature side of a cascade system. In addition, these refrigerants may provide additional, lower-GWP options for IPR equipment where the temperature of the refrigerant needs to attain temperatures less than or equal to ¥30 °C; fewer refrigerants have boiling points low enough to achieve these lower temperatures, and thus, EPA is also finalizing a listing for R–454A in IPR equipment with the refrigerant temperature entering the evaporator is less than or equal to ¥30 °C (with a boiling point of ¥48 °C) to provide additional options. 4. Why is EPA finalizing these specific use conditions? The final use conditions identified in the listings for all nine refrigerants are explained in the proceeding paragraphs and in section II.H.1 of this preamble. EPA is finalizing the use conditions for HFC–32 and R–454B restricting their use to chillers for IPR or in IPR equipment with the refrigerant temperature entering the evaporator is less than or equal to ¥30 °C because these refrigerants 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), and because some IPR applications require temperatures below ¥30 °C, EPA is listing these two additional refrigerants to provide additional lower-GWP options that pose lower overall risk to human health and the environment than other available substances and to address a broader range of equipment and applications. EPA also is finalizing a use condition for R–454A that allows its use in chillers for IPR or in IPR equipment with the refrigerant temperature entering the evaporator is less than or equal to ¥30 °C, as well as other certain other applications, as described in this section. In addition, EPA is listing HFC–32, R–454A, and R– 454B as acceptable, subject to use conditions, for chillers because of technical limitations, such as volumetric capacity, operating pressure, and temperature range, which restrict the technical viability of some other safe and environmentally suitable E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 50436 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations alternatives for some applications. The Agency previously listed these three refrigerants as acceptable, subject to use conditions, in centrifugal and positive displacement chillers for comfort cooling in SNAP Rule 25 because of the same technical concerns and with the same use conditions as EPA is finalizing here. In addition, these use conditions are consistent with restrictions on refrigerants that contain HFCs under the final Technology Transitions Rule, allowing for greater consistency and reducing potential confusion for the regulated community. EPA is finalizing the use condition for R–454A, restricting its use to chillers for IPR, equipment with a refrigerant charge capacity less than 200 pounds, the hightemperature side of a cascade system, or IPR equipment with the refrigerant temperature entering the evaporator is less than or equal to ¥30 °C. EPA is listing R–454A for use in chillers for IPR and in IPR equipment with the refrigerant temperature entering the evaporator is less than or equal to ¥30 °C for the same reasons as for HFC–32 and R–454B. The Agency is also finalizing 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 listed refrigerants for non-chiller IPR equipment (R–454A has a GWP of about 237, compared to one to 150). EPA’s understanding is that, in addition to the technical constraints for refrigerant in chillers for IPR, there are two more situations where use of refrigerants is likely to be more constrained, and thus, additional refrigerant options that reduce overall risk to human health and the environment may be helpful. The first of those situations is where ASHRAE 15– 2022 identifies a refrigerating system as having a ‘‘high probability’’ that leaked refrigerant from a failed connection, seal, or component could enter an occupied area. UL 60335–2–89 effectively sets charge limits for A2L refrigerants to 260 times the LFL for applications inside an occupied space where people might be located. This amount is approximately 200 pounds, depending on the LFL of the particular refrigerant. In contrast, larger charge sizes in equipment meeting the requirements of ASHRAE 15 could be used in ‘‘low-probability’’ locations where the general public is unlikely to come in contact with the refrigerant, such as systems used in industrial occupancies, outdoors, or in a machinery room with access restricted to facility employees. Where the general VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 public is unlikely to come into contact with any leaked refrigerant, there would be fewer space constraints and greater flexibility in equipment design, so refrigeration system designers can accommodate a narrower set of refrigerants. Conversely, where people are more likely to come into contact with any leaked refrigerant in an interior space, which are not industrial occupancies, refrigerant charge capacities of a system would be less than 200 pounds. In addition, in such public spaces there would be more space constraints, less flexibility in equipment design, and potentially stricter code requirements. EPA recognizes that these may be situations where R–454A can be used where those other refrigerants cannot, especially where space is constrained. Therefore, R–454A fills a gap in the stated end-uses where lower-GWP refrigerant alternatives are not as available, and R– 454A’s GWP of approximately 237 and similar toxicity and flammability profiles would pose lower overall risk to human health and the environment than other available refrigerants. Therefore, EPA is listing R–454A as acceptable, subject to use conditions, for non-chiller IPR equipment with a refrigerant charge capacity less than 200 pounds (and with the refrigerant temperature entering the evaporator higher than ¥30 °C). The second situation where use of refrigerants is likely to be more constrained, and therefore where EPA is listing R–454A, is for use in the hightemperature side of cascade systems used for non-chiller IPR equipment (and with the refrigerant temperature entering the evaporator higher than ¥30 °C). As discussed in section II.A.1 of this preamble, ‘‘Background on retail food refrigeration,’’ each side of a cascade system uses a different refrigerant that is most suitable for the given temperature range. Higher temperature systems, or the ‘‘hightemperature 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, refrigerants with low boiling points 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. There are a number of substitutes available for the low PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 temperature side of a cascade system with GWPs lower than that of R–454A. However, using flammable or toxic refrigerants, such as ammonia, on the high-temperature side of a cascade system may be limited in certain circumstances (e.g., based on building codes and/or industry safety standards). Therefore, EPA is listing R–454A as acceptable, subject to use conditions, when it is used in the high-temperature side of cascade systems (and with the refrigerant temperature entering the evaporator higher than ¥30 °C). This action expands the lower-GWP refrigerant options that reduce overall risks to human health and the environment and that can comply with local building codes and industry safety standards while meeting the more challenging application of the hightemperature side of a cascade system. 5. What additional information is EPA including in these listings? EPA is providing additional information related to these 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. However, EPA encourages users of substitutes to apply all statements in the ‘‘Further Information’’ column in their use of these refrigerants. See section II.H.2 of this preamble for further discussion on what additional information EPA is including in these listings. 6. How is EPA responding to comments on industrial process refrigeration? Comment: Three commenters addressed the use of R–454B and HFC– 32 in the IPR end-use. These commenters claimed that R–454B and HFC–32 are needed for IPR beyond chillers and requested that EPA approve them for all IPR applications such as industrial, medical, and laboratory applications. They provided additional details that these refrigerants have lower boiling points than other proposed alternatives, which allows for lower evaporator temperatures needed for certain applications (e.g., blood and vaccine storage below ¥40 °C). The commenters also stated that these refrigerants have low or no glide, which is important for lower-temperature IPR systems using flooded evaporators (not all of which are chillers). The commenters specified that such specialized equipment may not have other refrigerants with lower GWPs that are technically feasible. They also said that requiring high pressure low GWP substitutes, such as the other refrigerants under consideration in this E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations action, may damage systems. Therefore, they asserted that HFC–32 and R–454B are the only two low GWP refrigerants that will perform at the required conditions and above atmospheric pressure in certain applications. One commenter added that limiting R–454B and HFC–32 refrigerants to chillers for IPR would amount to imposing use conditions that are contrary to reducing the ‘‘overall risk to human health and the environment’’ as required under CAA section 612(c). The commenter noted that R–454B and HFC–32 have lower GWPs than many currently acceptable substances, and suggested approving these two refrigerants broadly for the IPR sector would help lower environmental impact compared to incumbent refrigerants in wide use. The commenter also claimed that EPA had not clearly described how it accounted for the benefits of HFC–32 and R–454B relative to incumbent refrigerants. Response: While EPA is not granting the commenters’ request for listing R– 454B and HFC–32 broadly for all IPR, including industrial, medical, and laboratory applications in IPR, we acknowledge that these refrigerants present advantages in performance for IPR operating at low temperatures. Therefore, based on comments received about the technological requirements for IPR to reach very cold temperatures, EPA is listing HFC–32 and R–454B as acceptable, subject to use conditions, for IPR, as proposed, with a use condition that provides for use in IPR chillers. EPA is also making a modification to the proposed use condition for HFC–32 and R–454B in IPR that would allow for use in non-chiller IPR with the refrigerant temperature entering the evaporator less than or equal to ¥30 °C. EPA is achieving this by modifying the use condition for HFC–32 and R–454B in IPR, so that it provides for use of HFC– 32 and R–454B in both chillers for industrial process refrigeration and in equipment with the refrigerant temperature entering the evaporator less than or equal to ¥30 °C. While R–454B and HFC–32 have higher GWPs than the other refrigerants being listed as acceptable in this action, listing these two refrigerants as acceptable with use conditions that provide for use at lower temperatures still leads to lower risk to the environment and human health because these refrigerants are lower risk than what is currently in use. The Agency is not at this time listing R–454B and HFC–32 as acceptable in all other IPR uses. We do not agree that commenters have demonstrated that other lower-risk, lower-GWP options are not available for other non-chiller IPR uses outside of the lower temperature VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 applications described in their comments. We also note that upcoming restrictions under the AIM Act’s Technology Transitions Rule will restrict the GWP of refrigerants used for non-chiller IPR to 150 to 700, depending on the temperature of the refrigerant entering the evaporator, the refrigerant charge capacity, and whether the refrigerant is used in the hightemperature side of a cascade system. Thus, regardless of EPA’s consideration under the CAA SNAP program, R–454B and HFC–32 could not be used in all IPR applications; their use would be restricted in certain applications under the AIM Act’s Technology Transitions Rule (88 FR 73098; October 24, 2023). As noted, in response to comments, EPA is finalizing R–454B and HFC–32 as acceptable, subject to use conditions, in non-chiller IPR low temperature applications, specifically, equipment with the refrigerant temperature entering the evaporator is less than or equal to ¥30 °C. These refrigerants have lower boiling points, as discussed previously in the comparison to other substitutes in this end-use, than the other refrigerants listed in this rule. The Agency recognizes that IPR equipment is often highly specialized and designed specifically for cooling a particular industrial process, and that certain specialized applications may require refrigerants operating at evaporator temperatures of ¥40 °C or lower. Other, lower-GWP refrigerants may not be feasible for use in such lowertemperature applications. EPA further notes that the final Technology Transitions Rule similarly accommodated lower-temperature IPR applications by establishing a higher GWP limit for IPR systems with the refrigerant temperature entering the evaporator less than or equal to ¥30 °C. 88 FR at 73143. In response to the comment comparing HFC–32 and R–454B to incumbent refrigerants, EPA notes that there are other acceptable refrigerants that reduce overall risks more than both HFC–32 and R–454B and the incumbent refrigerants in most DX IPR uses, such as ammonia, HCFO–1233zd(E), R– 1224yd(Z), R–290, R–471A, and R–744. Thus, EPA does not agree with the commenter’s assertion that the use restriction for this listing for R–454B and HFC–32 increases overall risk to human health and the environment. Several of these substitutes are nonflammable or are comparable in flammability to HFC–32 and R–454B, such as ammonia, HCFO–1233zd(E), R– 1224yd(Z), R–471A, and R–744. Most of those refrigerants contain compounds that are not VOC or are excluded from PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 50437 EPA’s regulatory definition of VOC (see 40 CFR 51.100(s)) addressing the development of SIPs to attain and maintain the NAAQS. Most have an ozone depletion potential of zero, comparable to HFC–32 and R–454B, with HCFO–1233zd(E) and R–1224yd having ODPs of less than 0.0004, and all have a GWP less than 150, compared to R–454B’s GWP of 470 and HFC–32’s GWP of 675. However, these lower-GWP refrigerants have boiling points that are too high to use in DX IPR equipment with the refrigerant temperature entering the evaporator less than or equal to ¥30 °C (¥22 °F), as discussed above in this response. Comment: One commenter supported EPA’s proposed approval of HFC–32, HFO–1234yf, HFO–1234ze(E), R–454A, R–454B, R–454C, R–455A, R–457A, and R–516A for new IPR equipment. The commenter stated that HFC–32, R– 454A, and R–454B should be approved for use in IPR chillers to preserve as many refrigerant options as possible while navigating changes in equipment design and technology, despite their higher GWPs than other listed alternatives. Response: EPA acknowledges the commenter’s support for listing HFC– 32, HFO–1234yf, HFO–1234ze(E), R– 454A, R–454B, R–454C, R–455A, R– 57A, and R–516A in this rulemaking. EPA agrees with the commenter that listing HFC–32, R–454A, and R–454B will provide more refrigerant options for chillers for IPR while industry navigates changes in equipment design and technology. EPA is listing HFC–32, HFO–1234yf, HFO–1234ze(E), R–454A, R–454B, R–454C, R–455A, R–457A, and R–516A for use in chillers for IPR as proposed, among other things. Comment: Two commenters suggested changes to the proposal to align with existing standards for the IPR sector. One commenter stated that very large systems located in industrial occupancies, refrigeration rooms, or machinery rooms do not fall under the listing nor installation requirements of UL 60335–2–89. Another commenter noted that manufacturers adhere to ASHRAE 15, American Society of Mechanical Engineers (ASME) b31.5, ASME b31.1, or IIAR standards within the IPR sector depending on the specific application. The commenter requested that EPA consider for IPR, IPR chillers, and industrial occupancies and allow such alternative standards to satisfy proposed use conditions where UL 60335–2–89 is not applicable. Response: EPA agrees with commenters that UL standard 60335–2– 89 may not be appropriate to apply to all equipment in the end-uses listed E:\FR\FM\13JNR2.SGM 13JNR2 50438 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 under this rule in all situations; EPA has adopted the commenters’ suggestions to reevaluate the applicability of UL 60335–2–89 for this rulemaking and is finalizing that manufacturers must use ASHRAE Standard 15 for all occupancies listed in this rule. In cases where UL 60335–2–89 applies, manufacturers must also follow that standard. It is EPA’s understanding that UL 60335–2–89 does not apply in machinery rooms, outdoors, or in industrial occupancies, whereas ASHRAE 15 does apply. Within this rule, industrial occupancies may apply to IPR or cold storage warehouses Otherwise, we expect manufacturers to do the due diligence required to reasonably determine whether equipment falls under categories which are or are not covered by UL 60335–2– 89. Comment: One commenter requested that EPA not finalize a charge size limit use condition of less than 200 pounds for the listing of R–454A. The commenter stated that R–454A is a higher capacity and more efficient option than the alternatives with GWPs less than 150. The commenter stated that energy efficiency is a critical aspect of very large systems, which may be located in industrial occupancies, refrigeration rooms, or machinery rooms. The commenter added that EPA’s apparent rationale for the 200 pounds charge capacity use condition was based on a higher GWP than other alternatives. The commenter felt EPA failed to adequately describe how it evaluated GWP concerns with other considerations in section 612(c) of the CAA, which requires identification of alternatives based on an overall reduction in risk to human health and the environment and an assessment of potentially available technology. Response: See response in section II.A.6 of this preamble concerning the use condition limiting use of R–454A to equipment with charge sizes less than 200 pounds. With regard to EPA’s evaluation of CAA requirements for alternatives to be considered in light of overall risk reduction and the availability of alternatives, sections II.A.6, II.F.6, and II.H.3 of this preamble explain the Agency’s evaluation and selection of alternatives. F. Cold Storage Warehouses—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 This final rule lists HFO–1234yf, HFO–1234ze(E), and the refrigerant blends R–454A, R–454C, R–455A, R– VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 457A, and R–516A as acceptable, subject to use conditions, for use in new cold storage warehouses. Several use conditions required for cold storage warehouses are common to those required for the other end-uses in this rule. Because of this similarity, EPA discusses the use conditions that apply to all five end-uses in section II.H of this preamble. In summary, the common use conditions are: restricting the use of each refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15–2022 and with UL 60335–2–89 (with certain exceptions), 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. In addition to the common use conditions in section II.H of this preamble, the following use condition also applies 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 final decisions appears in tables at the end of this document and is codified in appendix Y to 40 CFR part 82, subpart G. The regulatory text contains listing decisions for the end-use discussed in this section. EPA notes that there may be other legal obligations pertaining to the manufacture, use, handling, and disposal of the refrigerants that are not included in the information listed in the tables (e.g., the CAA section 608(c)(2) venting prohibition or DOT 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 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 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. 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 may 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’’ if it is not used in an industrial occupancy and that it always falls under ASHRAE 15. EPA is listing 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 for cold storage warehouses in this section as being in the A2L Safety Group. See section II.A.2 of this preamble 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 of this preamble 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.67 Redacted submissions and supporting documentation for HFO–1234yf, HFO– 1234ze(E), and the refrigerant blends are provided in the docket for this rule (EPA–HQ–OAR–2023–0043) at https:// www.regulations.gov. EPA performed risk screening assessments to examine the health and environmental risks of 67 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 heat pumps (86 FR 24444, May 6, 2021). E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 each of these refrigerants. These risk screens are available in the docket for this rule.68 69 70 71 72 73 74 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) both have a GWP of one, 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/ 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 previously. 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 enduse. Toxicity risks of the listed refrigerants can be minimized by use consistent with UL 60335–2–89 and ASHRAE 15–2022—which are required by our final use conditions—and other industry standards, recommendations in the manufacturers’ SDS, and other safety precautions common in the refrigeration and AC industry. The flammability risks with HFO– 1234yf, 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 LFLs, are evaluated in the risk screens referenced previously. In conclusion, while these refrigerants may pose 68 ICF, 2023s. Op. cit. 2023t. Op. cit. 70 ICF, 2023u. Op. cit. 71 ICF, 2023w. Op. cit. 72 ICF, 2023x. Op. cit. 73 ICF, 2023y. Op. cit. 74 ICF, 2023z. Op. cit. 69 ICF, VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 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 the use conditions in this rule–as well as recommendations in the manufacturers’ SDS and other safety precautions common in the refrigeration and AC industry. EPA is requiring use conditions to reduce the potential risk associated with the flammability of these alternatives so that they will not pose greater overall risk to human health and the environment than other acceptable substitutes in this enduse. The listed 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 refrigerants with lower GWPs for the full range of cold storage warehouses and, therefore, lower overall risk to human health and the environment, EPA is listing 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 listing 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 finalizing these specific use conditions? The use conditions in the listings are explained in the preceding paragraphs and in section II.H.1 of this preamble. This final rule applies to end-uses covered by UL 60335–2–89, including some applications in the SNAP cold storage warehouses end-use, e.g., use that is not in industrial occupancies. In addition, ASHRAE 15–2022 applies to these refrigeration systems. UL 60335–2–89 discussed in section II.H of this preamble indicates that refrigerant charges greater than a specific amount (called ‘‘m3’’ in the PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 50439 standard and based on the refrigerant’s LFL) should instead be determined using national standards that apply, such as ASHRAE 15–2022. Hence, EPA is requiring adherence to both standards as use conditions for cold storage warehouses, with certain exceptions. EPA is incorporating by reference ASHRAE 15–2022, including all addenda published by the date of the proposed rule (May 24, 2023), in use conditions that apply to use of the listed A2L refrigerants in new cold storage warehouses. Where the requirements specified in this final rule and ASHRAE 15–2022 differ, the requirements of this final rule apply. ASHRAE 15–2022 is undergoing continuous maintenance with publication of periodic addenda and is typically updated and republished every three years. Although there were additional changes to ASHRAE 15–2022 between issuance of the proposed rule and now, EPA was not able to review and seek comment on use conditions based on those more recent changes after publication of the proposal. EPA is therefore not including addenda or other changes made to ASHRAE 15– 2022 after the date of the proposed rule. EPA is finalizing as a use condition for the listing of R–454A in cold storage warehouses 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 finalizing this use condition to allow use of R–454A less broadly than for the other refrigerants being listed for use in cold storage warehouses because its GWP is higher than those of the other refrigerants (about 237, compared to one 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 that mitigate overall risk to human health and the environment 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 260 times the LFL (approximately 200 pounds for A2L refrigerants and ranging from roughly 120 to 250 pounds for the refrigerants listed in this rule) for applications inside occupied areas. In contrast, larger charge sizes could be used in ‘‘lowprobability’’ locations where people are unlikely to come in contact with the E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 50440 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations refrigerant, such as systems used in industrial occupancies, outdoors or in a machinery room with access restricted to employees. Where people are unlikely to come into contact with any leaked refrigerant, there would be fewer space constraints and greater flexibility in equipment design, so refrigeration system designers can accommodate a narrower set of refrigerants. Conversely, where people are more likely to come into contact with any leaked refrigerant in an interior space, which are not industrial occupancies, refrigerant charge capacities of a system would be less than 200 pounds. In addition, in such public spaces, there would be more space constraints, less flexibility in equipment design, and potentially stricter code requirements. EPA recognizes that these may be situations where R–454A can be used where those other refrigerants cannot, especially where space is constrained. Therefore, R–454A fills a gap in the stated end-uses where lower-GWP refrigerant alternatives posing less of a risk to human health and the environment are not as available, and R–454A’s GWP of approximately 240 and similar toxicity and flammability profiles would pose lower overall risk to human health and the environment. Therefore, EPA is listing R–454A as acceptable, subject to use conditions, only for cold storage warehouses with a refrigerant charge capacity less than 200 pounds. The second situation where use of refrigerants is likely to be more constrained is for use in the hightemperature side of cascade systems used for cold storage warehouses. As discussed in section II.A.1 of this preamble, ‘‘Background on retail food refrigeration,’’ each side 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 hightemperature side. For lower temperature systems, or the ‘‘low temperature side’’ of the cascade system, refrigerants with low boiling points 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 VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 certain circumstances (e.g., based on building codes and/or industry safety standards). EPA notes that there are multiple substitutes available for the low temperature side of the cascade system with GWPs lower than that of R– 454A. Therefore, EPA is listing 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 and satisfying SNAP considerations of overall risk to human health and the environment. 5. What additional information is EPA including in these listings? EPA is providing additional information related to these 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. EPA encourages users of substitutes to apply all statements in the ‘‘Further Information’’ column in their use of these refrigerants. See section II.H.2 of this preamble for further discussion on what additional information EPA is including in these listings. 6. How is EPA responding to comments on cold storage warehouses? Comment: One commenter supported listing R–454A as acceptable in cold storage warehouses but recommended that EPA not finalize a charge size limit use condition of less than 200 pounds for three reasons. First, the commenter stated that R–454A is a higher capacity and more efficient option than alternatives with GWPs of less than 150. They stated that given the large energy requirements of cold storage warehouses, energy efficiency is a critical aspect of these systems. Second, the commenter claimed that many of these systems are in industrial occupancies, refrigeration rooms, or machinery rooms and not restricted to the charge limits, listing, and installation requirements defined by UL 60335–2–89. Third, the commenter stated that EPA failed to adequately describe how it balanced concerns regarding the GWP of R–454A versus other considerations in section 612(c) of the CAA, which requires identification of alternatives based on an overall reduction in risk to human health and the environment as well as an assessment of potentially available technology. PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 Response: With regard to commenters’ input on a refrigerant charge limit for R– 454A, see responses in sections II.A.6 and II.H.3 of this preamble concerning the Agency’s rationale for the condition limiting use of R–454A to equipment with charge sizes less than 200 pounds. Concerning the energy efficiency of refrigerants for use in cold storage warehouses, EPA typically does not compare the energy efficiency of substitutes against each other unless there is a concern that equipment might not be able to meet DOE’s energy conservation standards with certain substitutes. EPA is not aware of such concerns for cold storage warehouses. For instance, R–717 is an energy efficient refrigerant that is commonly used in new cold storage warehouses. EPA agrees with the commenter that CAA section 612(c) involves considering the overall risk to human health and the environment of a substitute compared to the overall risk of other available or potentially available alternatives. In the case of R– 454A, the Agency considered that there are a number of refrigerants also being listed for the same end-uses, such as HFO–1234yf, HFO–1234ze(E), R–454C, R–455A, R–457A, and R–516A, and that there are other acceptable refrigerants already listed in the same end-uses, such as R–717 and R–744, that pose comparable risk to overall human health and the environment, including similar ODP, low photochemical and insignificant smog impacts in the lower atmosphere, similar or lower flammability, and exposure levels evaluated to be below relevant toxicity thresholds, when compared to R–454A. R–454A has a slightly higher GWP than the other refrigerants listed above. EPA recognizes that there may be situations where R–454A can be used where those other refrigerants cannot, especially where space is constrained. Therefore, R–454A fills a gap in the stated end-uses where lower-GWP refrigerant alternatives posing less of a risk to human health and the environment are not as available. The situations mentioned by the commenter where the charge limits of UL 60335–2–89 do not apply are situations where space is not constrained, such as outdoors or in a machinery room, and therefore, where it is less critical to use a refrigerant with higher volumetric capacity, such as R– 454A. Therefore, taking into account our overall evaluation of comparative risks, it is appropriate to list R–454A for certain equipment, where it is of comparable or lower risk compared to the currently or potentially available substitutes for that particular equipment E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations and end-use. Also, concerning comparisons to incumbent refrigerants with higher GWPs than R–454A, see the responses in sections II.E.6 and II.H.2 of this preamble concerning R–454A in situations where other refrigerants may not be appropriate for the needs of equipment. EPA also notes that the 200pound limit on R–454A in cold storage warehouses is consistent with a requirement in the final Technology Transitions Rule. lotter on DSK11XQN23PROD with RULES2 G. Ice Skating Rinks—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 This final rule lists 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 with a remote compressor. Several use conditions being finalized for ice skating rinks with a remote compressor in this rule are common to those finalized for other end-uses in this rule. Because of this similarity, EPA discusses the use conditions that apply to all five end-uses in section II.H of this preamble. For ice skating rinks with remote compressors, those are the only use conditions EPA is requiring. In summary, the common use conditions are: restricting the use of each refrigerant to new equipment that is specifically designed and clearly marked for that refrigerant; use consistent with ASHRAE 15–2022 and with UL 60335–2–89 (with certain exceptions), 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 decisions appears in tables at the end of this document and is being codified in appendix Y to 40 CFR part 82, subpart G. The regulatory text contains listing decisions for the end-use discussed in this section. EPA notes that there may be other legal obligations pertaining to the manufacture, use, handling, and disposal of the refrigerants that are not included in the information listed in the tables (e.g., the CAA section 608(c)(2) venting prohibition or DOT requirements for transport of flammable gases). Flammable refrigerants being recovered or otherwise disposed of from ice skating rinks are likely to be VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 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, include those used by the general public for recreational purposes and also those for amateur and professional use (e.g., by professional hockey teams). 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 listings apply only to ice skating rinks that have a remote compressor. For ice skating rinks, 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. 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). It is EPA’s understanding that this type of equipment may fall under the scope of UL 60335–2–89, ‘‘Requirements for Commercial Refrigerating Appliances and Ice-Makers with an Incorporated or Remote Refrigerant Unit or MotorCompressor’’ if it is not used in an industrial occupancy and that it always falls under ASHRAE 15. 2. What are the ASHRAE classifications for refrigerant flammability? ASHRAE 34–2022 categorizes the refrigerants listed for ice skating rinks in this section as being in the A2L Safety Group. See section II.A.2 of this PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 50441 preamble 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 enduse? See section II.A.3 of this preamble for further discussion on the environmental, flammability, toxicity, and exposure information for these refrigerants. 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 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 refrigerants. These risk screens are available in the docket for this rule.75 76 77 78 79 80 Comparison to other substitutes in this end-use: HFO–1234yf, HFO– 1234ze(E), 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) both have a GWP of one, 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 substitutes acceptable under SNAP for new ice skating rinks, such as R–450A, and some substitutes currently in use but do not meet the GWP limits for use in new ice skating rinks under the Technology Transitions Rule such as 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 75 ICF, 2023s. Op. cit. 2023t. Op. cit. 77 ICF, 2023w. Op. cit. 78 ICF, 2023x. Op. cit. 79 ICF, 2023y. Op. cit. 80 ICF, 2023z. Op. cit. 76 ICF, E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 50442 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 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 previously. The toxicity risks of using HFO–1234yf, HFO–1234ze(E), 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 listed refrigerants can be minimized by use consistent with UL 60335–2–89 and ASHRAE 15–2022–which are required by our final 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 LFLs, are evaluated in the risk screens referenced previously. These risk screens determined that because ice skating rink systems would be installed in locations with adequate space and/or ventilation in accordance with EPA recommendations and requirements, industry standards, and the installation and maintenance manuals for equipment using these refrigerants, significant flammability risk to endusers, personnel, or the general population is unlikely. 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 use conditions–as well as recommendations in the manufacturers’ SDS and other safety precautions common in the refrigeration and AC industry. EPA is requiring use conditions to reduce the risk associated with the flammability of these alternatives so that they will not pose greater overall risk to human health and the environment than other acceptable substitutes in this end-use. In addition, EPA is limiting these listings to equipment with a remote compressor. Such equipment reduces the chances of fire and of exposure to the general public compared to refrigerants that are piped directly under an ice skating rink. In addition, the listed substitutes have lower GWPs than most other available alternatives for the same end-use. The VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 listed 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 refrigerants with lower GWPs for ice skating rinks and, therefore, lower overall risk to human health and the environment, EPA is listing 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 finalizing these specific use conditions? The final use conditions identified in the listings are explained in section II.H.1 of this preamble. This final rule applies to end-uses covered by UL 60335–2–89, including some applications in the SNAP ice skating rink end-use, e.g., use that is not in industrial occupancies. In addition, ASHRAE 15–2022 applies to these refrigeration systems. EPA is incorporating by reference UL 60335–2–89. This standard, as discussed in section II.H of this preamble, states that refrigerant charges greater than a specific amount (called ‘‘m3’’ in the standard and based on the refrigerant’s LFL) should instead be determined using national standards that apply, such as ASHRAE 15–2022. Hence, EPA is requiring adherence to both standards as use conditions for ice skating rinks, with certain exceptions. EPA is incorporating by reference UL 60335–2–89 and ASHRAE 15–2022 in use conditions that apply to use of the listed A2L refrigerants in new ice skating rinks. Where the requirements specified in this final rule and ASHRAE 15–2022 differ, the requirements of this final rule apply. ASHRAE 15–2022 is undergoing continuous maintenance with publication of periodic addenda and is typically updated and republished every three years. Although there were additional changes to ASHRAE 15–2022 between issuance of the proposed rule and now, EPA was not able to review and seek comment on use conditions based on those more recent changes after publication of the proposal. EPA is therefore not including addenda or other changes made to ASHRAE 15– 2022 after the date of the proposed rule. EPA is finalizing a use condition that the six A2L refrigerants included in this listing may only be used in new equipment that includes a remote PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 compressor. This is intended to ensure that these flammable refrigerants are only used away 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 listings? EPA is providing additional information related to these 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. 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 refrigerants. See section II.H.2 of this preamble for further discussion on what additional information EPA is including in these listings. 6. How is EPA responding to comments on ice skating rinks? Comment: One commenter requested that EPA include R–454A as an acceptable refrigerant for ice skating rinks without a 200-pound charge size limit, in alignment with the proposal’s listing for IPR and cold storage warehouses. The commenter also claimed that EPA did not provide sufficient explanation why R–454A was unacceptable in this end-use or why EPA did not to proceed with a filed SNAP petition to find R–454A acceptable. The commenter stated that EPA must consider all effects contemplated by CAA section 612(c) and may not only focus on relative GWP in making decisions. The commenter noted that additional rationale for this determination appears in the docket. Response: With respect to the comment that EPA must take into account all the effects contemplated by CAA section 612(c), the Agency responds that it has appropriately considered these listing decisions, as required by CAA section 612(c) and EPA’s implementing regulations, including in its consideration of overall risk to human health and the environment compared to overall risk posed by other available or potentially available substitutes in the same uses. EPA evaluates not only relative GWP but all of the criteria for review that are required under the SNAP regulations at 40 CFR 82.180(a)(7) for our comparative risk analysis, including atmospheric E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations effects; general population risks from ambient exposure to increased groundlevel ozone (e.g., volatile organic compound assessment) or due to direct toxicity of compounds; ecosystem effects (e.g.; analysis of impacts of breakdown products on aquatic life); flammability risks, occupational risks (e.g., toxicity of direct exposure to workers or asphyxiation risks), and consumer risks (e.g., toxicity of exposure to consumers at end-use). These considerations are reflected in the risk screens found in the docket for this rule and in the discussion supporting the listing decisions for the listings finalized in this rule. With respect to the commenter’s reference to a filed SNAP petition to find R–454A acceptable, the Agency notes that we received a SNAP submission from a manufacturer but is not aware of a formal petition regarding this refrigerant. EPA did not propose to list R–454A for use in ice skating rinks, either as acceptable or unacceptable, and is not making a final decision in the rule regarding whether to list R–454A in this end-use. EPA may consider listing R–454A in this or other end-uses in future SNAP listing rules. 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 lotter on DSK11XQN23PROD with RULES2 1. What use conditions is EPA finalizing and why? As previously described, EPA is listing: • 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, retail food 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 retail food 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 VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 equipment and HFC–32 and R–454B, as acceptable, subject to use conditions, for use in new chillers for IPR and in IPR equipment with the refrigerant temperature entering the evaporator or the temperature of the exiting fluid less than or equal to ¥30° C; • 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 revising 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 selfcontained commercial ice machines. The use conditions (either as new listings or revisions to an existing listing) common to all listing decisions in this rule are: restricting the use of each refrigerant to new equipment that is specifically designed and clearly marked for the refrigerant; use consistent with ASHRAE 15–2022 and with UL 60335–2–89 (with certain exceptions), 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. Additional 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 requiring that these refrigerants be used only in new equipment which has been designed to address concerns unique to flammable refrigerants. In other words, none of these refrigerants are being listed as acceptable to 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 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 50443 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 and is requiring that they be used only in new equipment which has been properly designed for their use. This use condition does 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 listed refrigerants, EPA is incorporating by reference certain industry consensus safety standards in a use condition. Specifically, the Agency is requiring that the flammable refrigerants may be used only in equipment that meets requirements in ASHRAE 15–2022 and in UL 60335–2–89, 2nd edition (with certain exceptions). Exceptions include equipment that is outside the scope of UL 60335–2–89; equipment installed in situations where UL 60335–2–89 refers to ‘‘national standards’’ (e.g., where equipment is installed in a machinery room or outdoors); and equipment installed in ‘‘industrial occupancies,’’ as defined in ASHRAE 15–2022. In the latter situation, these refrigerants must be used in equipment installed consistent with the requirements of ASHRAE 15–2022 without meeting the requirements of UL 60335–2–89. Section 1 of UL 60335–2–89 defines the scope of that standard. It lists both specific types of equipment that fall under the standard and equipment that falls outside the scope of the standard. Examples of equipment that are included within the scope of UL 60335– 2–89 include refrigerated display and storage cabinets, refrigerated trolley cabinets, service counters, factoryassembled walk-in coolers and freezers, refrigerated food processing and dispensing equipment, commercial refrigeration products with rated voltage up to 15,000 V, and commercial ice machines. Examples of equipment that fall outside the scope of UL 60335–2–89 include appliances using flammable refrigerant in transcritical refrigeration systems, commercial refrigeration products with rated voltage of 15,000 V or greater, motor compressors, household refrigerating appliances that fall under the scope of UL 60335–2–24, vending machines, and professional or commercial ice-cream machines. This final rule does not apply to these types of commercial refrigeration equipment that fall outside the scope of UL 60335– 2–89. Commercial refrigeration equipment that falls outside the scope of E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 50444 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations UL 60335–2–89 in situations where UL 60335–2–89 refers to ‘‘national standards’’ is still required to meet ASHRAE 15–2022 under this final rule. ASHRAE 15–2022 enforces, 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 systems with large charge sizes in a machinery room or outdoors. Under the existing SNAP listings, new stand-alone units using R–290 have been subject to a use condition to meet the requirements of Appendix SB of the 10th edition of UL 471. In this final action, stand-alone units using R–290 manufactured before the effective date may continue to be used under SNAP and will remain in compliance with the existing SNAP use conditions as long as they meet the applicable use conditions when they were manufactured. New stand-alone units using R–290 manufactured from the effective date of this final rule through September 29, 2024, must meet the requirements of either Appendix SB of the 10th edition of UL 471 or UL 60335–2–89, dependent upon which standard they were certified, to comply with the use conditions established in this final action. Similarly, new stand-alone units using R–290 that are manufactured on or after September 30, 2024, must meet the requirements of UL 60335–2–89, rather than the earlier UL standards, unless the new stand-alone units remain essentially unchanged from an earlier model or design that was already ULlisted to the earlier UL 471 standard. Similarly, under the use conditions in the existing SNAP listings, new selfcontained commercial ice machines using R–290 have been subject to the requirements of Appendix SA of the 8th edition of UL 563. In this final action, commercial ice machines using R–290 manufactured before the effective date of this final rule may continue to be used under SNAP and will remain in compliance with the SNAP use conditions as long as they met the applicable use conditions when they were manufactured. New self-contained commercial ice machines using R–290 that are manufactured from the effective date of this final rule through September 29, 2024, must meet the requirements of either Appendix SA of the 8th edition of UL 563 or UL 60335–2–89, contingent upon which standard the equipment was designed, to comply with the use conditions established in this final action. Similarly, new self-contained commercial ice machines using R–290 that are manufactured on or after September 30, 2024, must meet the VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 requirements of UL 60335–2–89, rather than the earlier UL standards, unless the new stand-alone units remain essentially unchanged from an earlier model or design that was already ULlisted to the earlier UL 563 standard. 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 through 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 relying 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 the 2nd edition of UL 60335–2–89 as they affect the listed refrigerants and enduses is offered here for information only and does not provide a complete review of the requirements in this standard. Please consult the standard itself for additional information. 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. 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 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 measures are required. In certain applications, refrigerant detection systems (as described in Annex 101.DVP, Refrigerant detection systems for A2L refrigerants); means of mitigation (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 (e.g., 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, for a field-charged system, if the refrigerant circuit with the greatest mass of an A2L refrigerant contains more than 260 times the LFL (in kg/m3), such a refrigerant circuit can only be used outdoors or in a machinery room where the requirements of ASHRAE 15–2022 apply. For example, HFC–32 has an LFL of approximately 0.307 kg/m3 (0.0192 lb/ft3); therefore, a single refrigerant circuit exceeding 79.82 kg (176.0 lb) would fall outside the scope of UL 60335–2–89. In such situations, the refrigerant circuit 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 (approximately 500 g of R–290) for equipment that is open and contains no doors or drawers and eight times the LFL (approximately 300 g of R–290) for equipment with doors or drawers. EPA expects that many types of retail E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations refrigeration equipment could exceed these charge thresholds and therefore is finalizing that an additional safety standard, ASHRAE 15–2022, apply to commercial refrigeration equipment using flammable refrigerants, as discussed in section II.A of this preamble. ASHRAE 15–2022 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. In addition, ASHRAE 15–2022 refers to some spaces as ‘‘industrial occupancies,’’ in which refrigerating systems must follow ASHRAE 15–2022 and businesses may have custom-designed refrigeration equipment that has not typically been designed to meet UL standards for products. ASHRAE 15–2022 defines ‘‘industrial occupancies’’ as ‘‘a premise or that portion of a premise that is not open to the public, where access by authorized persons is controlled, and that is used to manufacture, process, or store goods such as chemicals, food, ice, meat, or petroleum.’’ Many, but not all, spaces where IPR equipment, cold storage warehouses, and ice skating rink systems are used qualify as industrial occupancies. Under the existing SNAP listings, new stand-alone units using R–290 have been subject to a use condition to meet the requirements of Appendix SB of the 10th edition of UL 471. In this final action, stand-alone units using R–290 manufactured before the effective date may continue to be used under SNAP and will remain in compliance with the existing SNAP use conditions as long as they meet the applicable use conditions when they were manufactured. New stand-alone units using R–290 manufactured from the effective date of this final rule through September 29, 2024, must meet the requirements of either Appendix SB of the 10th edition of UL 471 or UL 60335–2–89 to comply with the use conditions established in this final action. Similarly, new standalone units using R–290 that are manufactured on or after September 30, 2024, must meet the requirements of UL 60335–2–89, rather than the earlier UL standards, unless the new stand-alone units remain essentially unchanged from an earlier model or design that was already UL-listed to the earlier UL 471 standard. Similarly, under the existing SNAP listings, new self-contained commercial ice machines using R–290 have been subject to the requirements of Appendix SA of the 8th edition of UL 563. In this final action, commercial ice machines using R–290 manufactured before the effective date of this final rule may VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 continue to be used under SNAP and will remain in compliance with the SNAP use conditions as long as they met the applicable use conditions when they were manufactured. New selfcontained commercial ice machines using R–290 that are manufactured from the effective date of this final rule through September 29, 2024, must meet the requirements of either Appendix SA of the 8th edition of UL 563 or UL 60335–2–89 to comply with the use conditions established in this final action. Similarly, new self-contained commercial ice machines using R–290 that are manufactured on or after September 30, 2024, must meet the requirements of UL 60335–2–89, rather than the earlier UL standards, unless the new stand-alone units remain essentially unchanged from an earlier model or design that was already ULlisted to the earlier UL 471 standard. Warning Labels—Equipment With A2L Refrigerants EPA is requiring 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 listed lower flammability (A2L) refrigerants. The text of these labels can also be found in Annex 101.DVV of UL 60335– 2–89. References to ‘‘the UL standard’’ below are to UL 60335–2–89, 2nd edition. 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.’’ a. If the equipment is delivered packaged, this label shall be applied on the packaging. PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 50445 b. 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 a 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 a or b, respectively. 5. On indoor unit near the nameplate: a. 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 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. b. Immediately below 5.a or at the top of the marking if 5.a is not required: ‘‘Minimum room area (operating or storage), Y m2 (Z ft2)’’. The terms ‘‘Y’’ and ‘‘Z’’ shall be replaced by the numeric floor 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—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 apply to all refrigeration equipment; labeling requirement 4 applies only to self-contained equipment that is precharged by the manufacturer (e.g., stand-alone units or self-contained commercial ice machines); labeling requirement 5 applies 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 E:\FR\FM\13JNR2.SGM 13JNR2 50446 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 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 requiring 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 requiring that the minimum height for lettering be 1⁄4 inch as opposed to 1⁄8 inch. This will 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 final use condition for refrigerated food processing and dispensing equipment and a revision to existing use conditions for stand-alone units and commercial ice machines, EPA is requiring 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. References to ‘‘the UL standard’’ below are to UL 60335–2–89. 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. VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 Follow Handling Instructions Carefully in Compliance with National Regulations.’’ a. If the equipment is delivered packaged, this label shall be applied on the packaging. b. If the equipment is not delivered packaged, this label shall be applied on the outside of the 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 a 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 a or b, respectively. 5. On indoor unit near the nameplate: a. 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 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. b. Immediately below 5.a or at the top of the marking if 5.a is not required: ‘‘Minimum room area (operating or storage), Y m2 (Z ft2)’’. The terms ‘‘Y’’ and ‘‘Z’’ shall be replaced by the numeric area as calculated per 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 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 but slightly different from 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,’’ PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 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 requiring in this action. Markings EPA is requiring 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 finalized are required by UL 60335–2–89 for all flammable refrigerants. EPA is requiring that such markings apply through the SNAP use conditions as well to establish a common, familiar, and standard means of identifying the use of a flammable refrigerant. These red markings allow technicians to immediately identify the use of a flammable refrigerant, thereby reducing the risk of using sparking equipment or otherwise having an ignition source nearby. It also provides adequate notification of the presence of flammable refrigerants for personnel disposing of appliances containing flammable refrigerants. 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 and some industry standards. 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 and 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 equipment wherever these are listed acceptable, subject to use conditions. E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations All such tubing must be colored red PMS #185 or RAL 3020. 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 redcolored tape, may be used. The colored plastic sleeve, cap, or tape must have to be forcibly removed to access the service tube and must be replaced if 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 requiring the use of colorcoded hoses or piping in addition to requiring the use of warning labels discussed previously. Having two 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 proposed a 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. After considering public comments, EPA is not finalizing a requirement for the diamond symbol in this rule (see section II.H.3 of this preamble). However, manufacturers will be required to place either the red triangle symbol described in UL 60335–2–89, 2nd edition, or the red diamond symbol that was proposed (for more information, see section II.H.3 of this preamble), or both. For those that choose to comply with fire hazard marking in this rule by using the red-bordered diamond, refer to the symbol which has been finalized for hazard category 1 flammable gases in the docket for this rulemaking under the title, ‘‘Final Flammability Hazard 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. 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. For those that choose to comply with fire hazard markings in this rule by using the red-bordered diamond, this VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 marking shall 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 the refrigeration equipment that is charged in place. These locations correspond with the locations for red markings and for 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. If used, the diamond symbol for hazard category 1 flammable gases needs to be at least 15 mm (9/16 inches high). The Agency notes that it may propose to require the adoption of this symbol in a future rulemaking when a new edition of UL 2–89 is released. 2. What additional information is EPA including in these listings? For retail food refrigeration, commercial ice machines, IPR, cold storage warehouses, and ice skating rinks with remote compressors, EPA is including recommendations, found in the ‘‘Further Information’’ column of the regulatory text, to protect personnel from the risks of using flammable refrigerants. Similar to our previous listings of flammable refrigerants, EPA is including information on the OSHA requirements at 29 CFR part 1910, proper ventilation, personal protective equipment, fire extinguishers, use of spark-proof tools and equipment designed for flammable refrigerants, and training. Since this additional information is not part of the regulatory decision under SNAP, these statements are not binding for use of the substitute under the SNAP program. While the items listed are not legally binding under the SNAP program, EPA encourages users of substitutes to apply all statements in the ‘‘Further Information’’ column in their use of these refrigerants. 3. How is EPA responding to comments on use conditions? Comment: Four commenters suggested clarifications surrounding manufacturers’ use of R–290 in selfcontained products (150 grams or less). The commenters stated that the proposal references a sunset of UL 471. They noted that UL will allow manufacturers to continue under UL 471 and UL 563 requirements until a significant product change is made or the manufacturer withdraws their file. The commenters stated that only at that time will R–290 equipment become PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 50447 subject to 60335–2–89. They asked for EPA to clarify this in the final rule. Response: EPA thanks the commenters for bringing to our attention that UL allows manufacturers to continue manufacturing equipment under UL 471 or UL 563 requirements until a significant product change is made or the manufacturer withdraws their UL listing file. As discussed above, certain listings in this final rule include an option for new equipment using R– 290 to be manufactured according to UL 471 and UL 563 if certain criteria are met. Further, we note that UL 471, UL 563, and UL 60335–2–89 all address the potential hazards of using flammable refrigerants. Thus, these listings include options for new equipment to meet any of these standards, provided that, for UL 471 or 563, the equipment or model was designed and UL-listed according to one of those standards before the sunset date of UL 471 or UL 563. Comment: Six commenters requested that EPA align its proposal with regard to existing safety standards for A2Ls and other flammable refrigerants. These commenters noted that for the end-uses in the proposal ASHRAE 15 is the appropriate standard, with UL 60335–2– 89 only applicable in certain end-uses. They noted that equipment is built to ASHRAE 15, B31.5 or B31.3, National Electrical Code (NEC) and possibly IIAR standards; therefore, compliance with UL 60335–2–89 for these end-uses could create conflict within the industry. Several commenters stated there was misalignment in standards and the proposal for specific end-uses. Three commenters noted that for systems located in industrial occupancies, ASHRAE 15 states these locations do not have to be listed to UL 60335–2–89 and charge limits do not apply. These commenters stated that some IPR, IPR chiller, cold storage warehouse, and ice skating rink applications located in industrial occupancies would fall outside the scope of UL 60335–2–89. For IPR chillers, a different commenter stated that the application of UL 60335– 2–89 is sufficient to mitigate the risks posed by the use of A2L refrigerants because of the requirements for preventing ignition of A2L refrigerants from electrical parts/devices and hot surfaces, the detection system for A2L refrigerants, the manual of operation, service, and installation, the warning labels and markings, and the competence of personnel. Four commenters noted that professional ice cream appliances are specifically excluded from the scope of UL 60335– 2–89, and that this equipment follows UL 621, which has not been updated to allow for use of flammable refrigerants. E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 50448 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations One commenter added that for SNAP 26 to apply to ice cream machines the use conditions must include UL 621 and 60335–2–89. Response: EPA agrees with the commenters that ASHRAE 15 is an applicable standard to all the end-uses in this rule, with UL 60335–2–89 applicable to certain applications in the end-uses of this rule. UL 60335–2–89 should be followed where applicable in addition to the standard requirements under ASHRAE 15. Based on EPA’s review of UL 60335–2–89 and conversations with UL, it is EPA’s understanding that some IPR, IPR chiller, cold storage warehouse, and ice skating rink applications located in industrial occupancies have not followed UL 60335–2–89 and instead have followed ASHRAE 15. After considering all the public comments on the proposal, we are finalizing use conditions requiring ASHRAE 2022–15 for all substitutes listed in this rule and UL 60335–2–89 where it applies, as use conditions for refrigerants in the enduses covered by this rulemaking, with modifications in response to the comments received. In particular, the final regulatory text requires that (1) ASHRAE 15–2022 applies in all cases and (2) UL 60335–2–89 applies, with exceptions for equipment that is outside the scope of UL 60335–2–89, equipment installed in situations where that standard refers to ‘‘national standards,’’ (i.e., ASHRAE 15), and for the flammability marking identified in in Clause 7.6DV D1 of UL 60335–2–89 (where the equipment must display either or both of the red triangle or red bordered diamond symbol). To allow for better alignment with the two industry standards, EPA has revised the regulatory text concerning UL 60335–2– 89 to state, ‘‘These refrigerants may only be used in refrigeration equipment that meets all requirements in UL 60335–2– 89, except as provided otherwise in UL 60335–2–89, in ASHRAE 15, or in this listing.’’ EPA agrees with the commenters that equipment for professional (i.e., not household or consumer) ice cream appliances is not covered by UL 60335–2–89 and instead follows UL 621, Ice Cream Makers; and as such, ice cream appliances are not covered by this rulemaking. EPA has revised the regulatory text to state that the listings for refrigerated processing and dispensing equipment do not apply to refrigerated processing and dispensing equipment that is within the scope of UL 621 (Ice Cream Makers). Determining the coverage of UL standards to applications not covered in this rule is outside the scope of this rulemaking. New equipment covered by VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 the end-uses in this rule must comply with ASHRAE 15 in all instances, and with UL 60335–2–89 where applicable. Further, EPA is allowing for exceptions from the requirement to meet UL 60335–2–89 for equipment that falls outside that standard’s scope, which means that commercial or professional ice cream makers are not required to meet that standard. As described in NOTE 103 in UL 60335–2–89, ‘‘This standard does not apply to . . . —Appliances using flammable refrigerant in transcritical refrigeration systems; —domestic refrigerating appliances (IEC 60335–2–24); —motor-compressors (IEC 60335–2–34); —vending machines (IEC 60335–2–75); —professional ice-cream appliances (IEC 60335–2–118); —laboratory refrigerators and freezers (for Canada only. In Canada, the applicable standard for laboratory refrigerators and freezers is CSA C22.2 No. 61010–2–011.)’’ Comment: Three commenters requested that EPA clarify the terminology in the proposal, noting that both ASHRAE 15 and UL 60335–2–89 use the term ‘‘releasable charge’’ where EPA used the term ‘‘refrigerant charge.’’ To ensure alignment and minimize confusion, they asked EPA to amend the appropriate terminology used in ASHRAE 15 and UL 60335–2–89 standards. One commenter elaborated that the ‘‘releasable charge’’ is how much refrigerant can be leaked into the space, which could be all of the charge for small systems or the remaining refrigerant after a refrigerant detector identifies a leak and causes safety solenoids to close and isolate refrigerant in larger systems. Similarly, two of these commenters noted that ASHRAE and EPA rely on a different definition of ‘‘independent circuit’’ and asked EPA to align its proposal with the ASHRAE definition. Response: EPA has clarified the term ‘‘releasable charge’’ in the final risk screens supporting this rule, including amended scenarios with this measure where appropriate. EPA notes that the releasable charge may be used to calculate the maximum allowable charge for each unit or system to which UL 60335–2–89 and/or ASHRAE 15 applies. EPA agrees with the commenter that the releasable charge is the maximum quantity of refrigerant that could be released or leaked into the space. However, we are retaining the proposed term ‘‘refrigerant charge capacity’’ in this rule when referring to charge size limits in the use conditions for R–454A. The charge size capacity is PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 easily determined by looking at the nameplate for refrigeration equipment, allowing for ease of determining compliance and of enforcing regulations. Further, this allows for consistency with limitations in the 2023 Technology Transitions Rule, reducing confusion for the regulated community. Regarding the comment on the definition of ‘‘independent circuit,’’ EPA used the term ‘‘refrigerant circuit’’ in the proposed rule and did not use the term ‘‘independent circuit.’’ The Agency has used the term ‘‘refrigerant circuit’’ in previous SNAP regulations concerning flammable refrigerants, as well. ASHRAE’s definition of ‘‘independent circuit’’ is ‘‘a closed refrigeration circuit that is arranged in such a manner that, in the event of a single point of failure, the release of refrigerant is limited to only the quantity contained within the refrigeration circuit.’’ EPA recognizes that the definition of ‘‘independent circuit’’ is consistent with the concept of releasable charge. It is not clear from the comments in which situations the commenters thought that the Agency should be using ASHRAE’s term ‘‘independent circuit.’’ However, in response, in this preamble to the final rule, EPA is clarifying that the charge size or releasable charge requirements apply to each independent circuit. For example, for a cascade system, each of the circuits is independent of the others, and the charge limits apply to individual circuits, not to the entire cascade system. Comment: Five commenters flagged inconsistencies with regard to the charge sizes mentioned in the proposal. These commenters noted that UL 60335–2–89 allows compressor units, condensing units, and condenser units containing a refrigerant charge over m3 (260 times the LFL) in a machinery room or outdoors in compliance with ASHRAE 15; meaning that this part of the system can exceed 260 times the LFL, if installed in a machinery room or outdoors with additional charge of refrigerant allowed in parts of the system entering an indoor space. One of these commenters provided more indepth comments detailing specific passages and annexes within the standard for EPA reference. One commenter noted that there is work ongoing between ASHRAE and UL to align requirements and provide clarity as to if just the condensing unit, compressor unit, or evaporating unit must be in a machine room or outdoors (as per UL), or if all refrigerant containing parts must be in a machine room (as per ASHRAE). E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations Response: EPA thanks the commenters for bringing to our attention the inconsistencies regarding charge sizes mentioned in the proposal as it relates to industry standards and the ongoing work to align those standards. EPA agrees with the commenters that the UL 60335–2–89 standard allows charge over m3 (260 times the LFL) for equipment located in a machinery room or outdoors in compliance with ASHRAE 15. In response to these comments, EPA has edited this language in the final rule by stating in each listing that ‘‘These refrigerants may only be used in refrigeration equipment that meets all requirements in UL 60335–2– 89,1 2 3 except as provided otherwise in UL 60335–2–89, in ASHRAE 15–2022, or in this listing . . .’’ Comment: Several commenters referenced industry standards with regard to specific refrigerants. A commenter asked that EPA not allow refrigerant charge limits that exceed U.S. industry safety standards, noting that the table in Appendix R lists HFC– 32, R–290, and R–441A as ‘‘Acceptable subject to use conditions,’’ with refrigerant charge limits of 1,000 g, 300 g, or 330 g. However, they asserted that U.S. industry safety standards, such as UL 484, UL 60335–2–40, and ASHRAE 15, do not allow these charge limits. Another commenter generally supported the use of UL 60335–2–89 but noted that the LFL for R–455A was incorrect in the standard’s 2nd edition (0.317 kg/m3) while the 3rd edition of UL 60335–2–89 contains the correct LFL value (0.432 kg/m3). The commenter noted that using the value from the 2nd edition could result in a reduction of allowable charge sizes for R–455A. They suggested EPA refer to the LFL value for R–455A from the ASHRAE 34–2022. Three commenters also supported modified use conditions for hydrocarbons, and specifically R–290, as outlined in UL 60335–2–89. They noted that the standard allows self-contained equipment with more than 150 grams and up to 500 grams of A2L and A3 flammable refrigerants. Response: EPA did not open for comment the listings for air conditioning and heat pump equipment in appendix R to 40 CFR part 82, subpart G mentioned by the commenter. Rather, those entries were republished ‘‘to bring the table in line with the Office of the Federal Register’s general requirement for orderly codification by: adding entry numbers, replacing prohibited language, and properly formatting the footnotes’’ (87 FR at 45509; July 28, 2022). EPA considers the comment on the content of those VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 existing listings to be outside of the scope of this rulemaking. In response to the comment regarding the incorrect LFL value from the standard’s 2ndd edition for R–455A, EPA agrees that this value could result in a reduction of allowable charge sizes for R–455A. In this final rule and in EPA’s finalized risk screens, EPA used 0.432 kg/m3 as the LFL for R–455A, which is the value used in ASHRAE 34– 2022. In this final rule, EPA is modifying use conditions for R–290 to allow larger charge sizes for retail food refrigeration—stand-alone units, selfcontained retail food refrigeration— refrigerated food processing and dispensing equipment, and selfcontained commercial ice machines, consistent with UL 60335–2–89. EPA acknowledges the commenters’ support for these listings. Comment: Three commenters requested that EPA draft the final rule so that the latest industry standards are always incorporated by reference. The commenters stated that doing so would increase alignment with safety standards while decreasing the need for revisions by EPA. One commenter requested that EPA consider listing additional refrigerants that were not in the proposal to enable the technology transitions proposed under the AIM Act. Response: Regarding the commenters request regarding an automatic process for updating standards, EPA does not have a process to automatically incorporate future standards into the rules, as the Agency must review each particular iteration of a standard to understand it, determine whether it is appropriate for inclusion in the SNAP rules, and identify whether there are any concerns and if so how to address those. Additionally, EPA has often incorporated industry standards by reference, rather than drafting new language, copying specific language from industry standards, or recommending rather than requiring that industry follow standards. Updating the standard referenced in a SNAP listing involves a change to regulations, and the Agency uses a notice-and-comment rulemaking process to change the standard that is incorporated into regulations. EPA will continue to consider changes to relevant standards, and the Agency may consider whether any revisions to the SNAP program regulations, including considering approaches that do not rely on incorporating standards by reference, should be proposed at a future date. In response to comments related to listing additional refrigerants that were not in the proposal to enable technology PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 50449 transitions in regulations under the AIM Act, EPA notes that the requested additional listings are outside the scope of this rulemaking. EPA intends to continue reviewing substitutes under the SNAP program, including refrigerants that may provide more options to comply with regulations issued under the Technology Transitions program, as suggested by the commenters, and consider whether listing of such substitutes is appropriate under SNAP. Comment: One commenter noted uncertainty related to ASHRAE 15 in that it provides information on the use of A2L refrigerants in large remote systems but does not specify where to place leak detection equipment; for example, whether leaked refrigerant will dissipate or accumulate in particular locations. The commenter stated that the engineer of record designing these applications would need to work through such situations. Response: EPA agrees that some situations may call for an engineer to decide on the implementation of industry standards, particularly in cases where the standards do not specify information on a particular topic. Uncertainty, however, related to ASHRAE 15–2022 specifications on leak detection is outside the scope of this rulemaking. Comment: Eight commenters provided input on labeling, markings, and fittings for flammable refrigerants. One commenter added that safety standards like UL 60335–2–40 and UL 60335–2–89 are developed through a consensus process with involvement from a wide variety of stakeholders based on industry research, knowledge, and best practices. One commenter mentioned that multiple standards recognize a class of less flammable gases, such as category 1B flammable gases in the 7th edition of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS)—to which OSHA recently harmonized its Hazard Communication Standard. This commenter also stated that fire and building codes such as the International Code Council and the National Fire Protection Association’s compressed gas code recognize the differences between flammability classes 2L and 2 and 3 in ASHRAE 34 and category 1A and 1B flammable gases in the GHS and suggested that EPA should prescribe use conditions according to this distinction to be consistent with international practice, other Federal agencies, industry standards and building codes. Two commenters stated that existing industry standards related to packaging and warning labels are adequate to E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 50450 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations address safety concerns associated with A2Ls. Response: EPA agrees with the commenter that safety standards, like UL 60335–2–40 and UL 60335–2–89, were developed in an open and consensus-based approach, with the assistance of experts in the AC industry as well as experts involved in assessing the safety of products. However, given EPA’s stated concern for providing sufficient warning to technicians, end users, the public, and first responders, and our understanding that these groups are not sufficiently represented in the development of the standards, EPA is finalizing use conditions and the Agency concludes that it is appropriate to impose different marking and labeling requirements for A2L refrigerants from those in UL 60335–3– 89. The Agency considers these marking and labeling requirements to attract attention and to provide more warning than the approach suggested by the commenters for A2L refrigerants. In response to the comment about consistency with international practice, other Federal agencies, industry standards and building codes that already recognize distinctions between 2L and 2 or 3 flammability classifications, in this final rule we are setting mitigation and charge requirements that recognize distinctions, consistent with UL 60335– 2–89 and ASHRAE 15. The additional requirement for red markings and similar labeling requirements to standards with the same wording, but in larger font for A2L refrigerants, will improve visibility of warnings. This approach is the same as that in our previous rules on flammable refrigerants (e.g.,76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 2015; and 86 FR 24444, May 6, 2021). Comment: Commenters provided comments on specific marking provisions included in the proposed rule. Six commenters noted that EPA’s proposal does not align with existing industry standards, namely UL 60335– 2–89 and/or UL 60335–2–40, that do not require red markings for mildly flammable refrigerants (i.e., A2Ls) but do require red markings for A2 and A3 refrigerants that have higher flammability. They urged EPA to align with existing standards. Five commenters requested that proposed red marking on pipes, hoses, and other devices for A2L refrigerants be lessened or removed. Three commenters noted that UL has removed this requirement for equipment with A2L refrigerants. Two commenters stated that since A2L refrigerants are much less flammable than A3 refrigerants, the use of red or VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 colored service port caps would be sufficient for a technician to distinguish between an A2L system and an A3 system (e.g., the flame symbol applied to equipment near all ports for all flammable refrigerants will be an indicator of flammability to technicians). They stated that the red Pantone® marking is justified for A2 and A3 systems, given the significant flammability identified in testing. Another commenter sought to clarify EPA’s proposal, stating that the way it currently reads, it would mean that all piping would need to be red. Another commenter asserted that SNAP should require the red tubing markings on all units containing flammable refrigerants, inclusive of all A2L, A2, A3 and B2L units for safety reasons. A different commenter questioned whether the proposal should be consistent with the SNAP Rule 25 where Red Pantone® #185 was used to indicate the presence of a flammable refrigerant. Response: EPA is finalizing as proposed to require as a use condition that the listed refrigerants must be used in refrigerating equipment that has red, PMS #185 or RAL 3020 marked pipes, hoses, and other devices through which the refrigerant is serviced, to indicate the use of a flammable refrigerant. EPA had the same requirement in SNAP Rule 25. Consistent with other rules promulgated under CAA section 612, EPA’s requirements of red markings add an extra layer of safety on top of the labels required under the UL standards, and EPA concludes this extra protection is appropriate for this listing under SNAP. As previously noted, these types of red markings would signal to the technician that the refrigerant circuit that she/he was about to access contained a flammable refrigerant, even if all warning labels were somehow removed or were illegible or not understood (e.g., for non-English speakers), and would provide similar notification to consumers, retail store owners, building owners and operators, first responders, and those disposing the appliance. We understand that UL 60335–2–89 treats A2L and A3 refrigerants differently and that red markings are required by the UL standard for A2 and A3 refrigerants, but not for A2L refrigerants. For this SNAP listing, as in our past listings for A3 (and also A2L) refrigerants, EPA concluded that it is most important to warn technicians that there is a flammable refrigerant present, not whether it is specifically an A2L, A2, or A3 refrigerant. Once warned, we would expect the technician to then seek to PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 know which refrigerant is used and to proceed accordingly. While we understand that the flammability risk can be considered ‘lower’ when using A2L refrigerants compared to A3 refrigerants because of their higher LFL and higher minimum ignition energy, a risk does exist compared to nonflammable refrigerants. The red markings provide an additional warning to technicians, consumers, retail store owners, building owners and operators, first responders, and those disposing the appliance. We also note that the use of red markings is already required for past actions for flammable refrigerants (76 FR 78832, December 20, 2011; and 80 FR 19454, April 10, 2015; and 86 FR 24444, May 6, 2021), and we are not aware that the marking requirements have led to any confusion. Concerning the comment that to meet the proposed use condition, all piping would need to be red, EPA does not intend such a broad interpretation of the use condition for red markings. The requirement is intended to mandate red markings of at least one inch in each direction to go on locations such as a servicing port or processing tube. For self-contained equipment that does not have a servicing port or processing tube, a red marking, ring, or sleeve that extends at least one inch in each direction from a location on tubing that is likely or recommended for servicing or recovering refrigerant is sufficient. EPA is finalizing that such markings apply to these A2L refrigerants as well, to establish a common, familiar, and standard means of identifying the use of a flammable refrigerant. After considering all the public comments on this proposal, we are finalizing this use condition as proposed. Comment: Five commenters mentioned the labeling requirements as they pertain to SNAP Rules 23 and/or 25. Three commenters asked that EPA remove the labeling requirements from this rule as well as earlier SNAP rules to eliminate inconsistencies with existing standards. One commenter noted concerns around label size, stating that the font must be legible, but not so large that the label cannot fit on the product. They noted that small condensing units have limited space and meeting the existing requirements is a challenge. Response: EPA agrees with the commenter that the font must be legible and fit on the product. EPA is finalizing that the labels must be provided in letters no less than 6.4 mm (1/4 inch) high, as proposed, as this is a reasonable size even for small condensing units with limited space. The warning labels EPA is finalizing are similar to those E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations required as use conditions in SNAP Rule 23 and 25 (86 FR 24463, May 6, 2021). Labels indicating flammability risk are critical to assuring proper identification and handling of equipment containing potentially dangerous refrigerants. Using a common set of labels aids in recognition and compliance, especially for a manufacturer that uses more than one refrigerant. EPA also notes that comments requesting changes to requirements in other SNAP rules such as SNAP Rule 23 or 25 fall outside the scope of this rulemaking. Comment: A commenter stated that EPA’s proposal to add a new diamond symbol would unduly burden manufacturers, asserting that the proposed new symbol fails to serve any additional purpose given the presence of the red triangle. Response: The Agency agrees with the comment that requiring the ISO 7000– W021 flammability warning symbol in addition to the one that is presently required by UL 60335–2–89 may place a burden on manufacturers. As explained by the commenter, the existing edition of UL 60336–2–89, the 2nd edition, requires a red triangle while the 3rd edition under development, which the Agency understands will require a GHS equalsided diamond with a red outline and a flame symbol on a white background for hazard category 1 flammable gases, is not yet published. The Agency also understands after consulting with fire service groups that the red triangle symbol in the present edition of UL 2– 89 may not be immediately recognized in the presence of a flammable refrigerant. This is because a similar black symbol on a yellow triangle would refer first responder fire servicers 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. Therefore, rather than requiring both symbols at this time, EPA is finalizing to incorporate by reference UL 60335– 2–89, with the exception that manufacturers may choose which of the two proposed flammability symbols to use. Manufacturers may choose to include either the red triangle warning symbol required in UL 60335–2–89, 2nd edition, or manufacturers may choose to include the red diamond proposed. At least one of these two symbols must be placed on refrigeration equipment covered by this rule that uses flammable (e.g., A2L or A3) refrigerants. If manufacturers choose to include the red triangle symbol instructed in the 2nd edition of UL 60335–2–89, then all VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 requirements, including those that refer to placement and size, must be followed accordingly. If manufacturers choose to include the red diamond symbol proposed by EPA, all of the following requirements, including those that refer to placement and size, must be followed accordingly. EPA notes that if the diamond symbol is adopted in the 3rd edition of UL 60335–2–89, manufacturers would be able to use it before the Agency would adopt the 3rd edition, potentially reducing conflicts between EPA’s regulations and the UL standard. Comment: Three commenters requested that EPA increase the charge limits for R–454A in the final rule. One of these commenters requested that EPA not limit the use of R–454A to less than 200 pounds in the IPR, cold storage warehouse, and ice skating rink sectors. The commenter stated that systems in these sectors require charge sizes larger than 200 pounds and that R–454A is a more energy efficient and higher capacity alternative with a GWP of less than 150. The commenter stated that charge limits for systems in these sectors are not restricted by UL 60355– 2–89 and that listing and installation requirements of this standard would apply to few systems in industrial occupancies. Another commenter stated that for R–454A applying a 200-pound charge limit is not appropriate. Another of these commenters noted that the proposal stated that the 200-pound limit for use of R–454A in remote condensing units and supermarkets is inconsistent with ASHRAE 15 and UL 60335–2–89. The commenter stated that systems following both of the standards could have charge sizes greater than 260 times the LFL, or 200 pounds, if the releasable charges in an indoor space did not exceed either standard’s limits. They requested that EPA harmonize with UL 60335–2–89 and ASHRAE 15 on charge limits rather than imposing a charge limit distinct from the safety standards. This commenter also provided comments on use conditions for R– 454A. A third commenter requested that EPA include language specifying the allowance of an ‘‘unlimited charge’’ of R–454A in cold storage and the hightemperature side of cascade systems. Response: EPA acknowledges that the 200-pound limit for remote condensing units and supermarkets may be inconsistent with ASHRAE 15 and UL 60335–2–89. EPA recognizes that systems following either of these standards could have charge sizes up to 260 times the LFL, which under certain circumstances may exceed 200 pounds if the releasable charge in an indoor space does not exceed either standard’s PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 50451 limit. However, EPA disagrees that the 200-pound limit should be implemented through using the charge limits that flow out of UL 60335–2–89 or ASHRAE 15. By requiring this charge limit as its own use condition separate from the standards, EPA is highlighting that this charge limit applies, even for use outdoors or in a machinery room. The Agency is requiring this use condition specifically for R–454A so that users may select lower-GWP refrigerants such as R–290, R–454C, R–455A, R–457A, R– 516A, or R–744 with GWPs from one to 150, for use in locations that are not space constrained, such as in machinery rooms or outdoors; the use condition still allows use of the higher-GWP and higher volumetric capacity refrigerant R–454A in space-constrained locations. Also see responses explaining EPA’s rationale for listing R–454A for supermarket systems and remote condensing units with a use condition that refrigerant charge capacity be less than 200 pounds in sections II.A.6 and II.F.6 of this preamble. EPA intends in this rule to differentiate between smaller systems that are used in occupied spaces with public access, where the greater volumetric capacity of R–454A is needed to fit into more constrained spaces, versus less constrained (or unconstrained) spaces, such as outdoors or in machinery rooms. R–454A has a higher GWP than most of the other refrigerants that EPA is listing in this rule–237 compared to 150 or less–and has a greater volumetric capacity, as pointed out by the commenters. Thus, it is best used in those situations where it may be more difficult to use other alternatives with even lower GWPs because size constraints are greater— namely, where charge sizes would be less than 200 pounds. In highly constrained spaces, however, refrigerants with lower volumetric capacity and lower GWP may not technologically provide sufficient performance, only allowing the use of a higher-GWP refrigerant, like R–454A. In situations that are less space constrained and where only the ASHRAE 15 standard governs, such as in machinery rooms or outdoors, other refrigerants with lower GWP and lower volumetric capacity may be used and would reduce overall risk to human health and the environment more than R–454A. Therefore, EPA disagrees with commenters’ requests to allow charge sizes greater than 200 pounds of R– 454A in IPR and cold storage warehouses. EPA elaborates that although the charge limits for some systems in these sectors are not E:\FR\FM\13JNR2.SGM 13JNR2 50452 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations restricted by UL 60335–2–89 for industrial occupancies and could exceed the 200-pound threshold, under the Technology Transitions Rule (88 FR 73098, October 24, 2023), refrigerants with a GWP between 150 and 300 can still be used in accordance with the Technology Transitions Rule for charges less than 200 pounds in IPR, supermarket systems, remote condensing units, and cold storage warehouses, as well as for the hightemperature side of a cascade system. In light of this limitation and after consideration of the commenters’ requests that EPA include language specifying the allowance of an ‘‘unlimited charge’’ of R–454A in cold storage and the high-temperature side of cascade systems, EPA is listing R–454A as proposed in those end-uses. EPA clarifies that there is not a charge size limit on R–454A in the hightemperature side of a cascade system for any of the end-uses in this final rule, except to the extent that such a limit would be needed to be consistent with UL 60335–2–89 or ASHRAE 15. For the ice skating rinks end-use, EPA notes that the Agency did not propose to list R–454A as acceptable, either with or without a charge size limit. See section II.G.6 of this preamble concerning comments on listing R–454A as acceptable in ice skating rinks. lotter on DSK11XQN23PROD with RULES2 I. Exemption for R–290 From the Venting Prohibition Under CAA Section 608 for Refrigerated Food Processing and Dispensing Equipment 1. What is EPA’s final determination regarding whether venting, releasing, or disposing of R–290 in refrigerated food processing and dispensing equipment would pose a threat to the environment? 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 IPR, 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 IPR) 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 of this preamble, EPA is listing 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 VerDate Sep<11>2014 20:28 Jun 12, 2024 Jkt 262001 exempting R–290 in this end-use from the venting prohibition under CAA section 608(c)(2), on the basis of existing evidence that the venting, release, or disposal of this substance in this enduse and subject to the use conditions in this final action does not pose a threat to the environment. Further, as discussed in greater detail below, this exemption is consistent with decisions in past rulemakings to exempt R–290 in other specific end-uses from the venting prohibition under CAA section 608(c)(2), and it reflects EPA’s concern that there is not yet sufficient recovery equipment suitable for use with highly flammable (A3) refrigerants. For purposes of CAA section 608(c)(2), EPA considers two factors in determining whether or not venting, release, or disposal of a substitute refrigerant during the maintenance, servicing, repairing, or disposing of appliances poses a threat to the environment (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 refrigerant substitute, such as GWP or photochemical reactivity. Second, EPA determines whether and to what extent such 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 into the environment R–290, a substitute refrigerant that we are listing in this rule 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 magnitudes 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 PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 VOC under CAA regulations (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 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 whether 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. The comparison of HC refrigerant emissions was matched to the level of the NAAQS for the purposes of illustrating that the even under a worst-case scenario the projected impacts on ground-level ozone are small. Based on the analysis and modeling results described in section II.B.3 of this preamble, EPA concludes that the release of R–290 from the refrigerated food processing and dispensing end-use, in addition to the HCs previously exempted from the venting prohibition and 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 level of the 2015 ozone NAAQS at 70 ppb.81 The highest impact refers to the greatest amount of groundlevel ozone that could be created by the release of R–290 and other HC refrigerants under the analysis’ most conservative scenarios. In addition, EPA examined all HC substitute refrigerants in those uses for which UL currently has standards in place for flammable refrigerants, for which the SNAP program has already listed the uses as acceptable, subject to use conditions, and for which the SNAP program is reviewing a submission, including the one in this action. We found that even if all the HC refrigerant substitutes in appliances in end-uses 81 ICF, 2016. Additional Follow-on Assessment of the Potential Impact of Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. September, 2016. E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 listed acceptable, subject to use conditions, in this action and listed as acceptable in previous rules were to be emitted, as well as two hydrocarbon refrigerants that EPA ultimately listed as unacceptable in certain end-uses, there would be a worst-case impact of less than 0.15 ppb for ground-level ozone in the Los Angeles area.82 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. Changes in standards that are incorporated by reference as use conditions (requirements) in the final SNAP listings in this rule would allow maximum charge sizes of R–290 up to 494 g in retail food refrigeration-standalone units and retail food refrigerationrefrigerated food processing and dispensing equipment, and selfcontained commercial ice machines. The analyses also assume R–290 and other, more reactive HC refrigerants, 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 before the publication of this rule, 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.83 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 reviewed, 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 2022 analysis compared to 7.8 ppb in Los Angeles in an analysis in 2016 looking at the same scenario with the same refrigerant. EPA made this comparison to see if that refrigerant, which the SNAP program had previously listed as unacceptable in certain end-uses due to its potential air quality impacts, would have similar, greater, or less impact using the updated model for the same scenario compared to the earlier version of the model. Changes to the Community Multiscale 82 ICF, 2014a. Assessment of the Potential Impact of Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. February 2014. 83 ICF, 2022. Additional Assessment of the Potential Impact of Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. May 2022. 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, 2022. VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 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 enduses 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.84 Looking at the 2022 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 2014 and 2016 analyses, the 2022 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). For purposes of the analysis under CAA section 608(c)(2), the Agency considers the modeled changes to ground-level ozone levels to be extremely small. For instance, the modeled impacts on daily maximum 8 hour average ozone concentrations are less than 0.017 percent of the level of the 2015 ozone NAAQS of 70 ppb.85 EPA considers the 2022 modeling 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, for purposes of determining whether to exempt these refrigerants in specific end-uses from the venting prohibition under CAA section 608(c)(2). Considering our evaluation of these potential environmental impacts, EPA concludes 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. 84 ICF, 2016. Additional Follow-on Assessment of the Potential Impact of Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. September 2016. 85 ICF, 2020. Op cit. PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 50453 Authorities, Controls, or Practices 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. 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, and 2016 (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. For reasons discussed in proceeding paragraphs, EPA concludes 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. 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 finalizing?’’ and II.D.5, ‘‘What updates to existing use conditions for commercial ice machines is EPA finalizing?’’ we note that the amount of R–290 from a refrigerant loop is effectively limited to roughly 500 g or 300 g in the end-uses listed in this rule. This indicates that HC emissions from such uses are likely to be relatively small. As discussed 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 new end-use in this final 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 E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 50454 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 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 document provides recommendations and use conditions for its safe use (see Section II.H.2, ‘‘What additional information is EPA including in these listings?’’). The SNAP program’s analysis finds that the 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 use conditions in this final rule will 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 incorporating 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 that are incorporated in this rulemaking as use conditions are in the process of being adopted in the next version of the IBC; once the IBC adopts those standards, State 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 VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 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 final determination regarding whether venting of R–290 from refrigerated food processing and dispensing equipment is exempted from the venting prohibition under CAA section 608(c)(2)? Consistent with the listing under SNAP in this action, EPA determines 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 in section II.A.1 of this preamble, EPA is making this determination on the basis of the inherent characteristics of this substance, the limited quantities used in the relevant end-use, 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 revising the regulations at 40 CFR 82.154(a)(1) to add R–290 in this enduse to the list of substitute refrigerants that are exempt from the venting prohibition under CAA section 608(c)(2). 3. When will the exemption from the venting prohibition apply? This exemption for R–290 in refrigerated food processing and dispensing equipment applies 30 days after the publication of this final rule in the Federal Register, on and after July 15, 2024. This is the same as the effective date of the SNAP listing of R– 290 in refrigerated food processing and dispensing equipment. 4. What is the relationship between this exemption under CAA section 608(c)(2) and other EPA rules? This final exemption from the CAA section 608(c)(2) venting prohibition does not mean that R–290 used in refrigerated food processing and dispensing equipment can be vented in all situations. R–290 released or otherwise disposed of from commercial and industrial appliances is 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, PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 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. How is EPA responding to comments on the exemption for R–290 from the venting prohibition? Comment: Four commenters suggested that R–290 should not be exempt from the CAA section 608 venting prohibition. Three of these commenters were in favor of applying section 608 to all refrigerants, including hydrocarbons. One of these commenters supported a prohibition on venting due to R–290’s flammability hazards. Another commenter noted the flammability concern when larger charge sizes are involved. A different commenter further specified that R– 290’s flammability and safety concerns could be magnified with charge sizes of 494g allowed by UL 60335–2–89 and potentially other U.S. standards based on proposed updates (e.g., ASHRAE 15.2). One commenter noted flammability concerns related to system designs for hydrocarbon refrigerants. They specified that in these systems, venting does not typically remove all the refrigerant and the residual hydrocarbon refrigerant can create flammability concerns if the system is brazed or welded. Response: For the reasons discussed in Section II.I of this preamble, ‘‘Exemption for R–290 from the venting prohibition under CAA section 608 for refrigerated food processing and dispensing equipment,’’ EPA disagrees with the commenters and finds that venting, release, or disposal of R–290 in the retail food refrigeration—refrigerated food processing and dispensing end-use and subject to the use conditions listed in this action does not pose a threat to E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations the environment. EPA’s decision is based on consideration of multiple environmental characteristics. The comments do not provide sufficient analysis to support a reason for EPA to change our proposed conclusion that the venting permitted by this exemption of these refrigerant substitutes in these end-uses, subject to the required use conditions, do not pose a threat to the environment, or to change this final rule so that they would not be exempt from the venting prohibition. EPA evaluated risk associated with scenarios with charge sizes larger than 494 g in standalone units and refrigerated food processing and dispensing equipment and concluded that R–290 is acceptable for these specific end-uses with use conditions according to industry standards. For example, flammability risks can be addressed for stand-alone units and refrigerated food processing and dispensing equipment by installing the equipment in a space with appropriate capacity and charge size for the intended area, and following manufacturer guidelines and safety standards (ASHRAE 15, ASHRAE 34, UL 60335–3–89). EPA also notes that its evaluation of substitutes is based on the information currently available; proposed updates that are not yet released did not factor into the listings of this rule. As discussed in the use conditions for R–290, venting is allowed during the maintenance, servicing, repair, or disposal of specific appliances, like stand-alone and refrigerated food processing and dispensing equipment. Regarding the commenter’s concern that venting does not typically remove all the refrigerant from these systems, EPA responds that proper handling and flammability warning labels as described in section II.H of this preamble serve a preventative role by notifying trained personnel handling equipment about the presence of a flammable refrigerant, even in the unlikely event that there would be a sufficient residue of R–290 left after venting to create a flammability risk. EPA has also made the same finding for R–290 in the past, as well as for other alkane refrigerants (e.g., R– 600a, R–441A). EPA recognizes that there are flammability risks both during venting and during use of recovery equipment with A3 refrigerants; until the refrigeration and air-conditioning industry has further development and market penetration of recovery equipment with non-sparking components, the flammability risks of potentially using inappropriate recovery equipment with R–290 may be greater VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 than the flammability risk of controlled releases of R–290 outdoors. In addition, EPA’s exemption from the CAA venting prohibition of these substances in these end-uses is consistent with how other countries, including Australia, Japan, and those in the European Union, regulate the venting of hydrocarbons. Comment: Four commenters drew comparisons between R–290 and other refrigerants or classes of refrigerants. Three of these commenters expressed concern that allowing the venting of one type of flammable refrigerant may cause confusion in the industry as the use of low-GWP refrigerants becomes widespread. One commenter noted that if EPA’s rationale for exempting R–290 is its low GWP, then HFOs should likewise be exempt. This commenter also stated that unlike R–290, HFOs are not VOC and do not contribute to ground-level ozone. A different commenter raised a climate impact concern due to the reactivity of R–290 to form ground-level ozone, which is also a greenhouse gas, and thus R–290 should not be exempted from refrigerant recovery requirements. A different commenter noted that if hydrocarbons become more widely used, volumes of hydrocarbons vented could increase; while hydrocarbons generally have low GWPs, the GWP values do not take into account the total emissions from the supply chain. Response: In response to comments about confusion over venting only one type of flammable refrigerant, EPA notes that technicians should already be aware of these differences for other types of self-contained equipment using R–290, R–600a, or R–441A, and this would not change substantially for refrigerated food processing and dispensing equipment, which is less common than those other types of selfcontained equipment. Further, it is EPA’s understanding that it is relatively uncommon for self-contained equipment to be serviced, compared to equipment with remote compressors, so removing R–290 from equipment would typically occur at disposal of the equipment. Concerning the comment suggesting that EPA should also exempt HFOs, EPA did not propose and is not finalizing an exemption for HFOs from the CAA prohibition to knowingly vent or otherwise knowingly release refrigerants. EPA disagrees with the comment that R–290’s low GWP is the sole reason EPA is exempting R–290 from the venting prohibition. EPA has discussed in this section the multiple factors that it considers, and the fact that HFOs are subject to the venting PO 00000 Frm 00047 Fmt 4701 Sfmt 4700 50455 prohibition is irrelevant to the R–290 analysis. Further, if EPA were to evaluate exempting one or more HFOs in a particular end-use from the venting prohibition, that analysis would appropriately focus on the inherent characteristics and other authorities, practices and controls that are relevant to HFOs in that end-use, not on the analysis for R–290, which differs from HFOs in some respects, such as with respect to flammability risks and availability of appropriate recovery equipment. In response to the comment that there is a climate impact from formation of ground-level ozone, EPA acknowledges that ground-level ozone is a greenhouse gas; however, given the small additional amounts of groundlevel ozone that EPA has calculated would be generated, even in the worst case, the additional climate impact is negligible. Concerning the comment regarding indirect climate impacts from emissions along the supply chain, EPA acknowledges that there are also other climate impacts in addition to direct GWP of emissions of a substitute. However, there would also be the same indirect climate impacts from emissions along the supply chain, whether EPA exempts R–290 in refrigerated food processing and dispensing equipment from the CAA 608(c)(2) venting prohibition or not. The Agency has addressed the possibility of greater use of HC refrigerants by conservatively assuming complete market penetration (i.e., being the only refrigerants used) in all end-uses where there has been interest in the use of hydrocarbons to date. Thus, after considering public comments received, EPA’s conclusions concerning exempting R–290 in refrigerated food processing and dispensing equipment remain the same and EPA is finalizing as proposed. Comment: A couple of commenters noted concerns related to the status of R–290 as a VOC. One commenter stated that HC refrigerants are VOC and can impact local air quality particularly in densely populated areas that are likely to have the most air conditioning and refrigeration equipment. Another commenter expressed concern for the apparent inconsistency presented by the proposed exemption of R–290 from the CAA section 608(c)(2) venting prohibition versus other EPA regulations where R–290 is not considered VOC-exempt (i.e., is not excluded from the definition of VOC for the purpose of developing SIPs to attain and maintain the NAAQS). This commenter stated that R–290 has a MIR value more than twice the MIR of ethane, which EPA has used as a E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 50456 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations reference point for determining whether to allow a substance to obtain an VOC exemption. This commenter stated that the EPA should use the same approach to determine whether propane should be exempt from the CAA section 608(c)(2) venting prohibition as whether it should be VOC-exempt. The commenter stated that using a ‘‘worstcase impact approach’’ is inconsistent with previous approaches that determined VOC exemptions based on information showing that 1) VOC are of low photochemical reactivity and they can be ignored in oxidant control programs, or that 2) compounds more reactive than ethane continue to be considered VOC for regulatory purposes. Response: In response to these comments, EPA notes that the second commenter fails to recognize the distinctions between two different regulatory provisions. To the extent the comments relate to whether propane should be excluded from the definition of VOC (see 40 CFR 51.100(s)) for the purpose of addressing the development of SIPs to attain and maintain the NAAQS, they are beyond the scope of this rulemaking and require no further response. EPA did not reopen and is not making any changes to 40 CFR 51.100(s) in this action. EPA’s regulations under 40 CFR part 82, subpart F prohibit individuals from knowingly venting or otherwise releasing into the environment ozonedepleting substances or their substitutes used as a refrigerant while maintaining, servicing, repairing, or disposing of appliances or industrial process refrigeration. See 40 CFR 82.154. Consistent with section 608(c)(2) of the CAA, EPA has established regulatory exemptions from this prohibition for certain refrigerants used in specific enduses where EPA has determined that the release does not pose a threat to the environment. The Agency considers multiple factors on a refrigerant-byrefrigerant basis before deciding to establish such an exemption from the venting prohibition under 40 CFR 82.154. EPA has previously established exemptions from the venting prohibition for propane in particular end-uses. See 40 CFR 82.154(a)(1)(viii) (exemption for R–290 in retail food refrigerators and freezers (stand-alone units only); household refrigerators, freezers, and combination refrigerators and freezers; self-contained room air conditioners for residential and light commercial air-conditioning and heat pumps; vending machines; and selfcontained commercial ice machines, very low temperature refrigeration equipment, and water coolers). Among VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 other things, in establishing these exemptions EPA has described the analysis supporting its determination that venting, releasing, or disposing of propane in the particular end-uses at issue does not pose a threat to the environment, and it has explained that the controlled release of propane outdoors may be the safest option in certain circumstances as many recovery machines are not equipped to properly recover highly flammable refrigerants (e.g., recovery machines without spark proof components).86 EPA is taking a similar approach here and its conclusions are consistent with those prior EPA actions. The potential environmental impact of releases of propane and other HC refrigerants in multiple analyses, as described above in section II.I.1 of this preamble. We considered the inherent characteristics of these substitute refrigerants and the limited quantities used in the relevant applications. Those analyses show 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. Based on this review, EPA concludes that the venting, releasing, or disposing of propane in these end-uses and subject to these use conditions are not expected to pose a threat to the environment. Regarding both commenters’ concerns with propane’s status as a VOC and the first commenter’s concerns regarding the potential for local air quality impacts, the Agency clarifies that even if a substance is defined as a VOC under 40 CFR 51.100(s), it can still be exempted from the venting prohibition under CAA section 608 and 40 CFR 82.154, if the appropriate determination under CAA section 608(c)(2) is made. While EPA may consider a substance’s status as a VOC under CAA regulations (40 CFR 51.100(s)) addressing the development of SIPs to attain and maintain the NAAQS in making that determination, that may not be the sole or determinative factor in making a determination under section 608(c)(2), as other factors may also affect whether such venting poses a threat to the environment. EPA’s prior decisions to provide a limited exemption to the venting prohibition for R–290, and other refrigerants that are VOC under the Agency’s regulatory definition under CAA regulations (40 CFR 51.100(s)) addressing the development of SIPs to attain and maintain the NAAQS, in particular end uses are examples of this result. In those situations, EPA also 86 81 PO 00000 FR 86778 at 86801. Frm 00048 Fmt 4701 Sfmt 4700 evaluated potential local air quality impacts using conservative assumptions and has provided a limited exemption from the venting prohibition for these substitutes in these end-uses under section 608(c)(2) of the CAA because the Agency concluded that it was appropriate to make the statutory determination that supports the exemption from the venting prohibition. EPA is taking a similar approach here, as described above in section II.I.1 of this preamble, and is reaching the same conclusion. Comment: One commenter expressed concern that EPA has arbitrarily set a ‘‘de minimis’’ part per billion level (i.e., 0.15 ppb resulting from the Assessment of the Potential Impact of Hydrocarbon Refrigerants on Ground Level Ozone Concentrations (ICF, 2014) for purposes of evaluating the ozone impacts of this rule. The commenter also notes that there is no such impact threshold applied by EPA when considering whether State Implementation Plans (SIPs) adequately address sources within a State that may contribute to nonattainment or interference with maintenance of the NAAQS implying that EPA should not use an ozone impact threshold for the purposes of evaluating the impacts of this rule. Response: EPA disagrees with the commenter that the incremental value from the 2014 analysis of 0.15 ppb was applied as an arbitrary ‘‘de minimis’’ threshold for evaluating local ozone impacts. EPA used the 2014 analysis containing the 0.15 ppb value in previous SNAP rulemakings listing HC refrigerants, as well as for this rulemaking, to illustrate that even the worst-case impact from HC refrigerants, including R–290, would be small. These analyses were considered as part of the overall evaluation of risks to human health and the environment that supported certain listing decisions in this rule, as discussed above. More recent analyses were performed prior to this rule’s development and came to similar conclusions that potential local air quality impacts of emissions of saturated hydrocarbons used as refrigerants would be small; these analyses are in the docket for this rulemaking. For the SNAP program, as part of the analysis under 40 CFR 82.180(a)(7), the Agency considers whether there will be increased overall risk to the population due to ambient exposure to increased ground-level ozone as a result of using the alternative refrigerants in the final rule, among several other criteria. The commenter appears to conflate the requirements for evaluating air quality impacts and general population risk due to exposure E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 to increased ground-level ozone for the purpose of SNAP with the requirements for developing State Implementation Plans to implement the NAAQS. The two are unrelated. This rule has no effect on development of State Implementation Plans or other aspects of NAAQS implementation, and to the extent comments are related to those subjects, they are beyond the scope of this rulemaking and require no further response. Finally, as described in this preamble, the more recent air quality modeling performed in 2022 demonstrated that the largest worst-case increase in ground-level ozone due to use of acceptable HC refrigerants was 0.012 ppb, which is even lower than the worst-case value, 0.15 ppb, from previous analysis in 2014. For purposes of a benchmark for comparison, the level of the 2015 NAAQS, which is currently in effect, is 70 ppb (as the fourth-highest daily maximum 8-hour concentration, averaged across three consecutive years), more than four orders of magnitude higher. Comment: One commenter suggested that EPA align its RCRA regulations to allow for the venting of R–290 and the other flammable refrigerants as allowed under 40 CFR 82.154(a). The commenter noted that most of the refrigerated food processing and dispensing end-use appliances will not be in household locations; therefore, these appliances will not fall under the RCRA household exemption, and the refrigerant cannot be vented due to RCRA regulations. The commenter added that R–290 from the refrigerated food processing and dispensing end-use will be required to be managed as hazardous waste (characteristic of ignitability) (e.g., recovered and managed as RCRA hazardous waste as opposed to venting). Response: EPA did not propose to revise regulations issued under RCRA in this rulemaking, and thus the request to revise those rules is outside the scope of this rulemaking. J. How is EPA responding to other comments? Comment: Nine commenters broadly supported Proposed Rule 26. One commenter added that choice of alternatives is an important factor regarding assuring economic success of the ozone protection program, and they are generally supportive of proposed decisions that offer flexibility of choice and improve overall environmental performance. Another commenter indicated that they support EPA’s application of the new refrigerants to cold storage warehouses, ice skating rinks, and industrial processes. A different commenter supported the VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 Agency’s efforts to further enable lowerGWP solutions in the end-uses regulated under the SNAP program but proposed that standard clarifications, listing of additional substitutes, use condition modifications, and R–290 venting prohibitions should be included in the final SNAP Rule 26 to advance the safe and orderly transition to lower-GWP solutions. These commenters’ detailed comments appear under the appropriate section headings within this document. Response: EPA acknowledges the commenters’ support of the listings in this rulemaking. EPA is finalizing many listing decisions as proposed and is finalizing other listing decisions with relatively minor changes that address and incorporate information provided in comments as described throughout the preamble. EPA acknowledges the commenter’s concern for the GWPs of various refrigerants and for the commenter’s recognition that new alternatives will be more widely adopted in the future. EPA plans to continue to review substitutes consistent with the SNAP program criteria, including atmospheric impacts such as GWP impacts. EPA addresses comments about standard clarifications and use conditions in section II.H.2 of this preamble and R–290 exemptions in section II.I.5 of this preamble. Comment: One commenter noted support for listing HFO–1234yf. The commenter stated that industry has made significant investments in research and development, and expanded capacity for production of HFO refrigerants, which are used as refrigerants or components in refrigerant blends. Response: EPA acknowledges the commenter’s support for listing HFO– 1234yf in this rulemaking. EPA is finalizing acceptable listings for HFO– 1234yf as proposed. Comment: A different commenter provided detailed comments cautioning against listing HFO–1234yf due to environmental and public health concerns. This commenter stated that HFO–1234yf stands apart from the other substitutes because of a higher toxicity concern. They mentioned a by-product of breakdown called trifluoroacetic acid (TFA)–a substance they described as a per- and polyfluoroalkyl substance (PFAS). They stated that these shortchain PFAS are widely detected, persistent, and mobile in aquatic systems. The commenter noted that the TFA yield for HFO–1234yf (1.0) is higher than that of HFC–134a (0.2). They asserted negative impacts of TFA include toxicity to plants, harm to aquatic organisms, and potential harm to human and ecosystem health. The PO 00000 Frm 00049 Fmt 4701 Sfmt 4700 50457 commenter urged EPA not to list HFO– 1234yf as there are other safer alternatives available for cold storage, IPR, commercial ice machines, food retail, chillers, ice skating rink and other end-uses, including low global warming potential hydrocarbons, carbon dioxide, and ammonia. Response: EPA appreciates the information provided by a commenter on the atmospheric decomposition of HFO–1234yf to TFA. We note that several studies and reports provide further information about this topic. A 2014 study by Kazil, et al. analyzed TFA deposition in the United States assuming 100 percent of all motor vehicle air conditioning systems use HFO–1234yf, which was the largest use of HFO–1234yf at that time.87 The results indicated that rainwater TFA concentrations, while varying strongly geographically, would on average be low compared to the levels at which toxic effects are observed in aquatic systems. Similarly, low TFA concentrations were estimated for emissions of HFO–1234yf from Asia in a 2021 study by David, et al.88 The World Meteorological Organization (WMO) also provided a summary of key information pertaining to TFA in their 2022 report to the Montreal Protocol.89 The report states: The formation in the atmosphere of trifluoroacetic acid (TFA) is expected to increase in the coming decades due to increased use of HFOs and HCFOs. TFA, a breakdown product of some HFCs, HCFCs, HFOs and HCFOs, is a persistent chemical with potential harmful effects on animals, plants, and humans. The concentration of TFA in rainwater and ocean water is, in general, significantly below known toxicity limits at present. Potential environmental impacts of TFA require future evaluation due to its persistence. (p. 14) Most TFA currently found in the environment resulting from decomposition of refrigerants likely 87 Kazil et al., 2014. ‘‘Deposition and rainwater concentrations of trifluoroacetic acid in the United States from the use of HFO–1234yf’’ J. Kazil, S. McKeen, S.-W. Kim, R. Ahmadov, G.A. Grell, R.K. Talukdar, A.R. Ravishankara. JGR Atmospheres. Volume 119, Issue 24. December 27, 2014. Pages 14,059–14,079. October 31, 2014. Available online at https://agupubs.onlinelibrary.wiley.com/doi/full/ 10.1002/2014JD022058. 88 David et al., 2021. ‘‘Trifluoroacetic acid deposition from emissions of HFO–1234yf in India, China, and the Middle East,’’ Volume 21, issue 19. Atmos. Chem. Phys., 21, 14833–14849, 2021. https://doi.org/10.5194/acp-21-14833-2021. Available online at https://acp.copernicus.org/ articles/21/14833/2021. 89 WMO, 2022. Executive Summary. Scientific Assessment of Ozone Depletion: 2022, GAW Report No. 278, 56 pp.; WMO: Geneva, 2022. Available online at https://ozone.unep.org/system/files/ documents/Scientific-Assessment-of-OzoneDepletion-2022-Executive-Summary.pdf. E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 50458 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations derived from HFC–134a, which is being phased down and the use of which is anticipated to decrease in end-uses where safer alternatives are found acceptable under the SNAP program. EPA also notes that the modeling studies referenced generally assume a one-to-one substitution of HFO–1234yf for HFC–134a to be conservative. Any increase in TFA deposition due to this rule is expected to be less than the modeled increases in TFA from studies that found the levels of TFA in the environment remained, ‘‘too small to be a risk to the environment over the next few decades.’’ Use of HFO–1234yf and concerns about TFA in applications not addressed by this final rule are outside the scope of this rulemaking. There are ongoing evaluations of the potential risks of TFA exposure. In 2020, the Environmental Effects Assessment Panel (EEAP) to the Montreal Protocol released an update 90 to its report on the environmental effects of stratospheric ozone depletion, UV radiation, and interactions with climate change, including the potential effects of TFA from ODS and their substitutes. That report noted that TFA ‘‘has a no-observed-effect-concentration (NOEC) for aquatic species, which is typically >10,000 mg/L,’’ while ‘‘analysis of 1187 samples of rainwater collected in eight locations across Germany in 2018–2019 showed median and a precipitation-weighted mean concentration of TFA of 0.210 mg/L and 0.335 mg/L, respectively,’’ and ‘‘another recent paper reported TFA . . . in precipitation in the low mg/L range across 28 cities in mainland China.’’ These studies and others led the EEAP to state, ‘‘Trifluoroacetic acid continues to be found in the environment, including in remote regions, although not at concentrations likely to have adverse toxicological consequences.’’ In its 2021 Summary Update for Policymakers,91 the EEAP stated: and perfluorinated compounds (PFCs) . . . . TFA has recently been found in precipitation, surface waters, and indoor dust in China . . . , although concentrations are below those considered toxic. No additional studies on the toxicity of TFA to organisms have been reported, but prior research has shown that this compound is not highly toxic to mammals and aquatic organisms, although some plants and algae may be sensitive . . . . At present, it is not possible to quantify the proportion of anthropogenic sources of TFA resulting from substances not falling under the purview of the Montreal Protocol, but available evidence indicates that this breakdown product is of minimal risk to human health. (p. 10; references in the text omitted here) TFA likely has natural geochemical sources, is widely used in industry and research laboratories, and is a by-product of the synthesis and degradation of fluorinated EPA considers ecotoxicity as a criterion when evaluating alternatives under SNAP’s comparative risk framework, and the Agency has considered the potential impacts of TFA for the listings in this rule and in past actions that found HFO–1234yf acceptable in certain end-uses. For example, EPA studied the potential generation of TFA when first listing neat (i.e., 100 percent, not in blends) HFO– 1234yf as acceptable, subject to use 90 EEAP, 2020. ‘‘Environmental effects of stratospheric ozone depletion, UV radiation, and interactions with climate change: UNEP Environmental Effects Assessment Panel, Update 2020.’’ Photochemical & Photobiological Sciences https://doi.org/10.1007/s43630-020-00001-x. Available online at: https://engineering.case.edu/ centers/sdle/sites/ engineering.case.edu.centers.sdle/files/neale_et_al._ -_2021_-_environmental_effects_of_stratospheric_ ozone_deple.pdf. 91 EEAP, 2021. ‘‘Summary Update 2021 for Policymakers’’ UNEP Environmental Effects Assessment Panel. Available online at https:// ozone.unep.org/sites/default/files/assessment_ panels/EEAP-summary-update-2021-forpolicymakers.pdf. VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 Most recently, in its 2022 Assessment Report,92 the EEAP stated: TFA has a long environmental lifetime, accumulates in surface and ground waters, and has been found in blood, drinking water, beverages, dust, plants, and agricultural soils. However, it does not interact with biological molecules and, due to its high solubility in water, it does not bioaccumulate. It is unlikely to cause adverse effects in terrestrial and aquatic organisms. Continued monitoring and assessment are nevertheless advised due to uncertainties in the deposition of TFA and its potential effects on marine organisms . . . . (p.5) The Montreal Protocol has led to the replacement of ODSs with fluorinated chemicals, some of which can undergo degradation in the atmosphere to give TFA in various yields. TFA is known to have a long environmental lifetime and accumulates in surface and ground waters. At present, there are large uncertainties associated with the concentrations of TFA in various environmental compartments in some regions, as well as the relative proportion of anthropogenic sources related to the Montreal Protocol, compared to the other anthropogenic and natural sources. There is some uncertainty in toxicity values because of the limited number of marine species tested. Current and predicted concentrations (to year 2100) of TFA in the oceans provide a large margin of exposure (thousand-fold) when compared to thresholds of toxicity. (p. 294) 92 EEAP, 2023. 2022 Assessment Report of Stratospheric Ozone Depletion, UV Radiation, and Interactions with Climate Change. UNEP, Environmental Effects Assessment Panel. May, 2023. Available online at: https://ozone.unep.org/ system/files/documents/EEAP-2022-AssessmentReport-May2023.pdf. PO 00000 Frm 00050 Fmt 4701 Sfmt 4700 conditions, in motor vehicle air conditioning. The myriad studies EPA referenced all concluded that the additional TFA from HFO–1234yf did not pose a significant additional risk, even if it were assumed to be used as the only refrigerant in all refrigeration and air conditioning equipment (76 FR 17492–17493, March 29, 2011). The Agency intends to continue its approach to evaluating the potential risks from TFA in future SNAP regulations. With regard to the commenter’s stance that safer low-GWP substitutes than HFO–1234yf currently exist for these end-uses, EPA disagrees. A number of alternatives can meet low-GWP and safety goals and EPA evaluates these potential alternatives through a holistic risk screen analysis with overall impact to human health and the environment in mind. The SNAP program’s aim is to expand the list of available substitutes that successfully meet conservative risk screen analysis thresholds so that industry may pull from a number of substances that can be used in equipment and that suit their functionality and needs. Risk screens, which can be viewed under this rule’s docket, were performed for industrial process refrigeration, cold storage warehouses, ice skating rinks, commercial ice machines, and retail food refrigeration. The findings of these risk screens conclude that HFO–1234yf does not pose a safety risk if used according to the safety standards required in this rule’s use conditions, such as UL 60335–2–89. HFO–1234yf has a GWP less than one, is excluded from the regulatory definition of VOC for the purpose of addressing the development of SIPs to attain and maintain the NAAQS and can be used without exceeding health-based exposure limits in the end-uses where it is being listed. Therefore, EPA does not consider the overall risk to human health and the environment due to HFO–1234yf in this final rule to be greater than for other available or potentially available substitutes for the same uses. Comment: One commenter noted support for listing HFO–1234ze. The commenter stated that industry has made significant investments in research and development and has expanded capacity for production of HFOs, which are used as refrigerants or components in refrigerant blends. Response: EPA acknowledges the commenter’s support for listing HFO– 1234ze in this rulemaking. EPA has finalized acceptable listings for HFO– 1234ze(E) as proposed. Comment: One commenter requested that EPA clarify whether the mention of E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations R–424A on page 33731 of the Proposed Rule should have read R–454A. Response: EPA agrees and clarifies that the mention of R–424A should have instead read R–454A. We have updated this language in this preamble. Comment: Two commenters expressed support for listing R–455A. They urged swift action by EPA to approve this substitute. One commenter added that R–455A will provide industry with additional options to assist in their transition away from higher-GWP products and will help users achieve a GWP limit of 150 for certain commercial refrigeration applications. Response: EPA acknowledges the commenters’ support for listing R–455A in this rulemaking. EPA is finalizing acceptable listing decisions for R–455A as proposed, including certain commercial refrigeration applications. Comment: Seven commenters noted related aspects of the current rulemaking to rulemakings under the AIM Act. Three of these commenters explicitly mentioned this SNAP rulemaking as an opportunity to adopt lower-GWP refrigerants in line with the objectives of the Technology Transitions Rule. The three commenters supported EPA listing such additional low-GWP refrigerants. One commenter noted that they particularly support certain charge size limits in some of the approvals, which will help EPA meet its goals under the proposed Technology Transition rule. One commenter encouraged EPA to approve refrigerants on a priority basis for end-uses capable of complying with the HFC restrictions in the Technology Transitions Rule. The commenter stated that this will bring about a practical phase down of HFCs in these applications that are critical to health and human comfort. Response: EPA plans to continue to review substitutes consistent with the SNAP program criteria, including atmospheric impacts such as climate impacts. EPA agrees with commenters that the alternatives addressed in this SNAP rulemaking will provide additional lower-GWP options to comply with the HFC restrictions in the Technology Transition regulations. Comment: One commenter noted concerns related to a January 1, 2025, deadline under EPA’s regulations implementing the AIM Act for transitioning to new lower-GWP refrigerants. This commenter stated that it is not possible to change hundreds of designs, test, and acquire UL approvals in that time period. The commenter mentioned that if suppliers cannot provide the equipment needed for this VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 transition it would have detrimental business consequences. The commenter added that it is difficult to find qualified engineers to develop these projects; failure to extend deadlines could potentially cause many small refrigeration companies to go out of business. Response: Comments related to EPA’s regulations under the AIM Act are outside the scope of this rulemaking. Comment: A commenter opposed the use of R–454A (GWP 239) or any other refrigerant with a GWP greater than 150 in self-contained equipment that exceeds the 150 GWP limit proposed under the Technology Transitions Rule. Response: To the extent that this comment relates to the Technology Transitions Rule, EPA notes that it is outside the scope of this rulemaking. To the extent the commenter is referring to self-contained commercial ice machines, see the response in Section II.C.6 of the preamble. If the commenter is referring to other self-contained equipment in addition to self-contained commercial ice machines, EPA notes that we did not propose to list, and are not listing, any refrigerants with a GWP greater than 150 in retail food refrigeration—stand-alone units or retail food refrigeration—refrigerated food processing and dispensing equipment. Comment: Three commenters referenced refrigerants or end-uses that were not part of the proposal. Two commenters referenced standards and requirements related to residential and light commercial air conditioning and heat pumps. One of these commenters suggested that rather than designating a specific numerical charge limit for R– 290 in the sector, the final rule should refer more generally to the maximum charge size as allowed in UL 484 or UL 60335–2–40, which would provide a mechanism for automatic adjustment in response to new information. Another commenter suggested harmonization of U.S. industry safety standards under UL 60335–2–40 and the ASHRAE 15 standard with the most recent edition of the IEC 60335–2–40 standard. This commenter stated that aligning to the IEC standard would accelerate the transition away from climate polluting substances in many air conditioning and heat-pump systems, such as R–410A (GWP >2,000), to sustainable alternatives, such as R–290 (GWP three). This commenter felt that adopting the IEC standard would usher in uptake of low-GWP refrigerants in the air conditioning and heat pump sectors, as evidenced by the swift transition to R– 600a (GWP three) in the refrigerator market following a 2017 update to the UL standard. One commenter asked PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 50459 EPA to consider listing substitutes that are not part of the proposal. They asked for EPA to consider listing HCFO– 1233zd(E) and R–471A for use in commercial refrigeration generally to assist in the transition away from higher-GWP refrigerants. Response: EPA acknowledges these comments expressing support for hydrocarbons and other lower-GWP refrigerants in AC equipment. EPA did not propose listings for refrigerants in AC, and therefore, these comments are outside the scope of this final rule. The Agency may consider proposing additional listings, including listings for lower-GWP refrigerants in residential and light commercial air conditioning and heat pumps, in future rulemakings and may also consider updating use conditions for existing hydrocarbon listings. The Agency also did not propose to list R–471A and HCFO– 1233zd(E) for use in other end-uses; therefore, these comments are beyond the scope of this rulemaking. Every substitute listed under the SNAP program undergoes a comparative risk analysis for submitted end-uses; the substitutes suggested by commenters did not undergo risk screen review. To list the greatest number of low-GWP refrigerant options for industry to use as is possible, the commenters’ suggested substitutes and end-uses will not be included within the scope of this rulemaking. EPA also notes that in other listing documents, we have listed both R–471A and HCFO–1233zd(E) as acceptable in some end-uses, e.g., listing of R–471A as acceptable in new equipment for retail food refrigeration, IPR, and cold storage warehouses (88 FR 61977, September 8, 2023). Comment: One commenter noted that EPA identifies hydrocarbons and R–717 as secondary refrigerants and asserted that these would not be used as secondary fluids. Response: EPA agrees with the commenter that hydrocarbons and R– 717 would not typically be used as a secondary fluid that is pumped throughout a store to cases in a cascade system. Rather, hydrocarbons and R– 717 could be used as the primary refrigerant used to cool a secondary fluid in a cascade system or secondary loop system. In the final rule, EPA is revising the statement to read, ‘‘Examples of secondary fluids include water, brine, propylene glycol, air, and carbon dioxide (CO2).’’ III. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be E:\FR\FM\13JNR2.SGM 13JNR2 50460 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 14094: Modernizing Regulatory Review This action is not a significant regulatory action as defined in Executive Order 12866, as amended by Executive Order 14094 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 rule contains no new requirements for reporting or recordkeeping. lotter on DSK11XQN23PROD with RULES2 C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, EPA concludes that the impact of concern for this rule is any significant adverse economic impact on small entities and that the agency is certifying that this rule will not have a significant economic impact on a substantial number of small entities because the rule has no net burden on the small entities subject to the rule. This action lists additional options under SNAP for 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 enduses, 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 VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 required to meet the use conditions, resulting in no adverse impact compared with the absence of this 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 industry standard. These 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 this rule will 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 result in no adverse impact compared with the absence of this rule. Thus, the rule does 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 of $100 million (adjusted annually for inflation) or more (in 1995 dollars) 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 PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 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. 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 a significant regulatory action under section 3(f)(1) of 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 rule, the rule contains use conditions that reduce exposure risks to the general population, with the reduction of exposure being most important to the most sensitive individuals. This action’s health and risk assessments are contained in the comparisons of toxicity for the various substitutes, as well as in the risk screens for the substitutes that are listed in this rule. The risk screens are in the docket for this rulemaking. 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 Incorporation by Reference This action involves technical standards. EPA has decided to use and incorporates by reference 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. E:\FR\FM\13JNR2.SGM 13JNR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations UL 60335–2–89, ‘‘Standard for Safety for 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.shopul standards.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: 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 being incorporated by reference is reasonably available. EPA is also incorporating by reference Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/SG/AC.10/30/ Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition, copyright 2021, which define the GHS diamond symbol (pictogram) for hazard category 1 flammable gasses, in the use conditions for hazard labeling of commercial and industrial refrigeration equipment. 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-class9-92280 and may be purchased by mail at: United Nations Publications Customer Service, P.O. Box 960, Herndon, VA 20172; by email at order@ un.org; and by telephone at 1–703–661– 1571. 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 VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 that the material incorporated by reference is reasonably available. EPA is also incorporating by reference ANSI/ASHRAE Standard 15–2022, Safety Standard for Refrigeration Systems, copyright 2022, 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, copyright 2022, 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/technicalresources/bookstore/ashraerefrigeration-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 the standard is not a significant financial burden for equipment manufacturers or for those selling, installing, and servicing the equipment. Therefore, EPA concludes that the ASHRAE standards incorporated by reference are reasonably available. EPA is also incorporating by reference ANSI/ASHRAE Addendum a to ANSI/ ASHRAE Standard 34–2022, Designation and Safety Classification of Refrigerants, ANSI-/ASHRAE-approved December 20, 2022. This standard is available at https://www.ashrae.org/ technical-resources/standards-andguidelines/standards-addenda. Addenda for ASHRAE standards are available online in PDF format for free. Addendum a adds burning velocity data, updates some LFL values, and corrects several calculation errors that were identified, particularly for RCL values driven by flammability versus toxicity. The following standards are already approved for incorporation by reference at the locations where they appear in the amendatory text: UL 471, UL 541, UL 484, UL 60335–2–24, and UL 60335– 2–40. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations and Executive Order 14096: Revitalizing Our Nation’s Commitment to Environmental Justice for All The EPA believes that the human health or environmental conditions that exist prior to this action result in or PO 00000 Frm 00053 Fmt 4701 Sfmt 4700 50461 have the potential to result in disproportionate and adverse human health or environmental effects on communities with environmental justice concerns. EPA’s analysis indicates that other environmental impacts and human health impacts of listing HFC– 32, HFO–1234yf, HFO–1234ze(E), R– 290, R–454A, R–454B, R–454C, R–455A, R–457A, and R–516A in the end-uses addressed in this action are comparable to or less than those of other substitutes that are listed as acceptable for the same end-use. For example, these alternative refrigerants would likely have lower climate impacts because of their lower GWPs compared to other available substitutes for the same uses. The EPA believes that it is not practicable to assess whether this action is likely to result in new disproportionate and adverse effects on communities with environmental justice concerns. Because adoption of the new substitutes listed in this rule is voluntary, the Agency is unable to quantify when, where, and how much of the listed substitutes will be produced and used. Thus, EPA cannot determine the extent to which this rule will exacerbate or reduce existing disproportionate adverse effects on communities of color and low-income people as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). However, the listings for HFC–32, HFO–1234yf, HFO–1234ze(E), R–290, R–454A, R–454B, R–454C, R–455A, R– 457A, and R–516A in the end-uses addressed in this action provide additional lower-GWP or comparable alternatives in their respective end-uses. By providing lower-GWP or comparable alternatives for these end-uses, this rule is anticipated to reduce the use and eventual emissions of potent greenhouse gases in these end-uses, which could help to reduce the effects of climate change, including the existing disproportionate public health and welfare effects on communities with environmental justice concerns. The Agency will continue to evaluate the impacts of this program on communities with environmental justice concerns and consider further action, as appropriate. The EPA additionally identified and addressed environmental justice concerns by conducting and sharing risk screens and air quality modeling to provide information to the public about the listed refrigerants contained in this rulemaking. The information supporting this Executive Order review is 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– E:\FR\FM\13JNR2.SGM 13JNR2 50462 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 457A, and R–516A as well as in the risk screens that are available in the docket for this rulemaking. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). lotter on DSK11XQN23PROD with RULES2 IV. References Unless specified otherwise, all documents are available electronically 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. ASHRAE, 2022c. Addendum a to ANSI/ ASHRAE Standard 34–2022, Designation and Safety Classification of Refrigerants: ANSI—approved December 30, 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. EEAP, 2021. ‘‘Summary Update 2021 for Policymakers’’ UNEP Environmental Effects Assessment Panel. Available online at: https://ozone.unep.org/sites/ default/files/assessment_panels/EEAPsummary-update-2021-forpolicymakers.pdf. EEAP, 2023. 2022 Assessment Report of Stratospheric Ozone Depletion, UV Radiation, and Interactions with Climate Change. UNEP, Environmental Effects Assessment Panel. May, 2023. Available online at: https://ozone.unep.org/system/ files/documents/EEAP-2022-AssessmentReport-May2023.pdf. 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 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, 2022. Additional Assessment of the Potential Impact of Hydrocarbon VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 Refrigerants on Ground Level Ozone Concentrations. May, 2022. ICF, 2024a. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: HFO–1234yf. ICF, 2024b. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: HFO–1234ze(E) (Solstice® ze, Solstice® 1234ze). ICF, 2024c. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: R–454A (Opteon® XL40). ICF, 2024d. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: R–454C (OpteonTM XL20). ICF, 2024e. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: R–455A (Solstice® L40X). ICF, 2024f. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: R–457A (Forane® 457A). ICF, 2024g. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: R–516A (Forane® 516A). ICF, 2024h. Risk Screen on Substitutes in Retail Food Refrigeration (New Equipment); Substitute: Propane (R– 290). ICF, 2024i. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: HFC–32. ICF, 2024j. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: HFO–1234yf. ICF, 2024k. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R–454A (Opteon® XL40). ICF, 2024l. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R–454B (Opteon® XL41). ICF, 2024m. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R–454C (OpteonTM XL20). ICF, 2024n. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R–455A (Solstice® L40X). ICF, 2024o. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R–457A (Forane® 457A). ICF, 2024p. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: R–516A (Forane® 516A). ICF, 2024q. Risk Screen on Substitutes in Commercial Ice Machines (New Equipment); Substitute: Propane (R– 290). ICF, 2024r. Risk Screen on Substitutes in Industrial Process Refrigeration (New Equipment); Substitute: HFC–32 (Difluoromethane). ICF, 2024s. Risk Screen on Substitutes in Industrial Process Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New Equipment); Substitute: HFO–1234yf. PO 00000 Frm 00054 Fmt 4701 Sfmt 4700 ICF, 2024t. 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, 2024u. Risk Screen on Substitutes in Industrial Process Refrigeration and Cold Storage Warehouses (New Equipment); Substitute: R–454A (Opteon® XL40). ICF, 2024v. Risk Screen on Substitutes in Industrial Process Refrigeration (New Equipment); Substitute: R–454B (Opteon® XL41). ICF, 2024w. Risk Screen on Substitutes in Industrial Process Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New Equipment); Substitute: R– 454C (OpteonTM XL20). ICF, 2024x. Risk Screen on Substitutes in Industrial Process Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New Equipment); Substitute: R– 455A (Solstice® L40X). ICF, 2024y. Risk Screen on Substitutes in Industrial Process Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New Equipment); Substitute: R– 457A (Forane® 457A). ICF, 2024z. 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. E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 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, 2022. Burkholder et al. Appendix A, Table A– 5 in Scientific Assessment of Ozone Depletion: 2022, GAW Report No. 278, 509 pp.; WMO, Geneva, Switzerland, https://ozone.unep.org/science/ assessment/sap. (WMO, 2022). 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 stated in the preamble, EPA amends 40 CFR part 82 as follows: PART 82—PROTECTION OF STRATOSPHERIC OZONE 1. The authority citation for part 82 continues to read as follows: ■ Authority: 42 U.S.C. 7414, 7601, 7671– 7671q. Subpart F—Recycling and Emissions Reduction 2. Amend § 82.154 by revising paragraph (a)(1)(viii) to read as follows: ■ § 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; selfcontained commercial ice machines, very low temperature refrigeration 50463 equipment, and water coolers; and effective July 15, 2024, retail food refrigeration—refrigerated food processing and dispensing equipment; * * * * * Subpart G—Significant New Alternatives Policy Program 3. 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.’’ 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 June 13, 2024, Final Rule, Effective July 15, 2024 SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS End-use Substitute lotter on DSK11XQN23PROD with RULES2 1. Household refrigerators, freezers, and combination refrigerators and freezers (New equipment only). VerDate Sep<11>2014 Isobutane (R– 600a), Propane (R–290), R– 441A. 20:04 Jun 12, 2024 Decision Use conditions Acceptable subject As of September 7, 2018: These refrigerants to use conditions. may be used only in new equipment designed specifically and clearly identified for the refrigerant (i.e., none of these substitutes may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for a different refrigerant). These refrigerants may be used only in a refrigerator or freezer, or combination refrigerator and freezer, that meets requirements listed in UL 60335–2–24.1 2 6 Jkt 262001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4700 Further information Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation), 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing hydrocarbon refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated and re-entry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling these refrigerants. Special care should be taken to avoid contact with the skin since these refrigerants, like many refrigerants, can cause freeze burns on the skin. A Class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on refrigerators and freezers with these refrigerants. Any recovery equipment used should be designed for flammable refrigerants. Any refrigerant releases should be in a well-ventilated area, such as outside of a building. Only technicians specifically trained in handling flammable refrigerants should service refrigerators and freezers containing these refrigerants. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. E:\FR\FM\13JNR2.SGM 13JNR2 50464 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute lotter on DSK11XQN23PROD with RULES2 2. Retail Food Refrigeration—standalone units only (New equipment only) manufactured on or after February 21, 2012, and up to but not including 7/15/2024. VerDate Sep<11>2014 Decision Use conditions Isobutane (R– Acceptable subject These refrigerants may be used only in new 600a) Propane to use conditions. equipment specifically designed and clearly (R–290) R–441A. identified for the refrigerants (i.e., none of these substitutes may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). These substitutes may only be used in equipment that meets requirements in Supplement SB to UL 471.1 2 3 In cases where this listing 2 includes requirements more stringent than those of UL 471, the appliance must meet the requirements of this listing 2 in place of the requirements in the UL Standard. The charge size for the retail food refrigerator or freezer shall not exceed 150 grams (5.3 ounces) in each circuit. As provided in clauses SB6.1.2 to SB6.1.5 of UL 471,1 2 3 the following markings shall be attached at the locations provided and shall be permanent: (a) On or near any evaporators that can be contacted by the consumer: ‘‘DANGER— Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not Puncture Refrigerant Tubing.’’ (b) Near the machine compartment: ‘‘DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ (c) Near the machine compartment: ‘‘CAUTION—Risk of Fire or Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting To Service This Product. All Safety Precautions Must be Followed.’’ (d) On the exterior of the refrigerator: ‘‘CAUTION—Risk of Fire or Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (e) Near any and all exposed refrigerant tubing: ‘‘CAUTION—Risk of Fire or Explosion Due To Puncture Of Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable Refrigerant Used.’’ All of these markings shall be in letters no less than 6.4 mm (1⁄4 inch) high. The refrigerator or freezer must have red, Pantone® Matching System #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. 20:04 Jun 12, 2024 Jkt 262001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4700 Further information Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing hydrocarbon refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated and reentry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling propane. Special care should be taken to avoid contact with the skin since propane, like many refrigerants, can cause freeze burns on the skin. A Class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on refrigerators and freezers with propane. Recovery equipment designed for flammable refrigerants should be used. Only technicians specifically trained in handling flammable refrigerants should service refrigerators and freezers containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. If a service port is added then stand-alone retail food refrigeration units using these refrigerants should have service aperture fittings that differ from fittings used in equipment or containers using non-flammable refrigerant. ‘‘Differ’’ means that either the diameter differs by at least 1⁄16 inch or the thread direction is reversed (i.e., right-handed vs. left-handed). These different fittings should be permanently affixed to the unit at the point of service and maintained until the end-of-life of the unit, and should not be accessed with an adaptor. E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50465 SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute lotter on DSK11XQN23PROD with RULES2 3. Retail Food Refrigeration—standalone units only (New equipment only) manufactured from 7/15/ 2024, through September 29, 2024, or equipment manufactured on or after September 30, 2024, except for equipment manufactured on or after September 30, 2024, that remains unchanged, other than cosmetic changes, from an earlier model or design that was already certified to the UL 471 1 2 3 standard before September 30, 2024. 4. Retail Food Refrigeration—standalone units only (New equipment only) manufactured on or after September 30, 2024, except for equipment manufactured on or after September 30, 2024, that remains unchanged, other than cosmetic changes, from an earlier model or design that was already certified to the UL 471 1 2 3 standard before September 30, 2024. VerDate Sep<11>2014 Decision Use conditions Further information Isobutane (R– Acceptable subject These substitutes may only be used in equip600a) Propane to use conditions. ment that meets requirements of either: (R–290) R–441A. 1. Supplement SB to UL 471 1 2 3 and listing 2 of this table or 2. ASHRAE 15–2022,1 9 12 UL 60335–2– 89,1 2 8 and listing 4 of this table. Isobutane (R– Acceptable subject This refrigerant may be used only in new equip600a) Propane to use conditions. ment specifically designed and clearly identi(R–290) R–441A. fied for the refrigerant (i.e., this substitute may not be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). This refrigerant may be used in new stand-alone units if and only if such equipment meets all requirements listed in ASHRAE 15–2022.1 9 12 In cases where this listing 4 includes requirements different than those of ASHRAE 15– 2022, the appliance would need to meet the requirements of this listing in addition to the requirements in ASHRAE 15–2022. This refrigerant may only be used in stand-alone units that meet all requirements in UL 60335– 2–89 1 2 8 except as provided otherwise in UL 60335–2–89, in ASHRAE 15–2022,1 9 12 or in this listing 4. In cases where this listing includes requirements more stringent than those of UL 60335–2–89, the appliance must meet the requirements of this listing 4 in addition to requirements in UL 60335–2–89. Where similar requirements of ASHRAE 15– 2022 and UL 60335–2–89 differ, the more stringent or conservative condition shall apply unless superseded by this listing 4. The following markings must be attached at the locations provided and must be permanent: 20:04 Jun 12, 2024 Jkt 262001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4700 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing flammable refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated, and reentry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling flammable refrigerants. Special care should be taken to avoid contact with the skin which, like many refrigerants, can cause freeze burns on the skin. A Class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools E:\FR\FM\13JNR2.SGM 13JNR2 50466 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued lotter on DSK11XQN23PROD with RULES2 End-use VerDate Sep<11>2014 Substitute 20:04 Jun 12, 2024 Jkt 262001 Decision PO 00000 Use conditions Further information (a) On the outside of the equipment: ‘‘DANGER—Risk of Fire Or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing’’ (b) On the outside of the equipment: ‘‘WARNING—Risk of Fire Or Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (c) 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’’ (d) For any equipment pre-charged at the factory, on the equipment packaging or on the outside of the equipment: ‘‘WARNING—Risk of Fire Due to Flammable Refrigerant Used. Follow Handling Instructions Carefully in Compliance with National Regulations.’’ a. If the equipment is delivered packaged, this label shall be applied on the packaging. b. If the equipment is not delivered packaged, this label shall be applied on the outside of the equipment near the control panel or nameplate. (e) On the indoor unit near the nameplate: a. At the top of the marking: ‘‘Minimum Installation height, X m (W ft).’’ This marking is only required if required by UL 60335–2–89. The terms ‘‘X’’ and ‘‘W’’ shall be replaced by the numeric height as calculated per UL 60335–2–89. Note that the formatting here is slightly different than UL 60335–2–89; specifically, the height in Inch-Pound units is placed in parentheses and the word ‘‘and’’ has been replaced by the opening parenthesis. b. Immediately below a or at the top of the marking if a is not required: ‘‘Minimum room area (operating or storage), Y m2 (Z ft2).’’ The terms ‘‘Y’’ and ‘‘Z’’ shall be replaced by the numeric area as calculated per UL 60335–2–89. Note that the formatting here is slightly different than UL 60335–2–89; specifically, the area in Inch-Pound units is placed in parentheses and the word ‘‘and’’ has been replaced by the opening parenthesis. (f) For non-fixed equipment, on the outside of the product: ‘‘WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.’’ (g) For fixed equipment that is ducted, near the nameplate: ‘‘WARNING—Risk Of Fire 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.’’ (h) All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. The equipment must have red Pantone® Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. when working on equipment containing flammable refrigerants. Any recovery equipment used should be designed for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. Any person commissioning, maintaining, repairing, decommissioning, and disposing of appliances with this refrigerant should obtain training and follow practices consistent with Annex 101.DVT of UL 60355–2–89, 2nd edition.1 2 8 Department of Transportation requirements for transport of flammable gases must be followed. Flammable refrigerants being recovered or otherwise disposed of from stand-alone units are likely to be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40 CFR parts 260 through 270). Frm 00058 Fmt 4701 Sfmt 4700 E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50467 SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute lotter on DSK11XQN23PROD with RULES2 5. Very low temperature refrigeration. Non-mechanical heat transfer (New equipment only). VerDate Sep<11>2014 Ethane (R–170) .... 20:04 Jun 12, 2024 Decision Use conditions In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335–2– 89,1 2 8 the equipment may display the GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border), as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/ SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition 1 13 14 on the following three locations: • Outside of the equipment (label (a)); • on the appliance packaging for a factorycharged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm (9⁄16 in). In addition, next to the GHS warning symbol for hazard category 1 flammable gases must be text of the refrigerant safety class of the refrigerant according to ASHRAE 34–2022,1 9 10 11 in letters at least one-third the height of the diamond symbol. Acceptable subject This refrigerant may be used only in new equipto use conditions. ment specifically designed and clearly identified for the refrigerant (i.e., the substitute may not be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). This refrigerant may only be used in equipment that meets requirements in Supplement SB to UL 471.1 2 3 In cases where this listing 5 of this table includes requirements more stringent than those of UL 471, the appliance must meet the requirements of listing 5 of this table in place of the requirements in UL 471. The charge size for the equipment must not exceed 150 g (5.29 oz) in each circuit. As provided in clauses SB6.1.2 to SB6.1.5 of UL 471,1 2 3 the following markings must be attached at the locations provided and must be permanent: Jkt 262001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4700 Further information Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing hydrocarbon refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated and re-entry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers E:\FR\FM\13JNR2.SGM 13JNR2 50468 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute lotter on DSK11XQN23PROD with RULES2 6. Vending machines (New equipment only). VerDate Sep<11>2014 Isobutane (R– 600a), Propane (R–290), R– 441A. 20:04 Jun 12, 2024 Decision Use conditions (a) On or near any evaporators that can be contacted by the consumer: ‘‘DANGER— Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not Puncture Refrigerant Tubing.’’ (b) Near the machine compartment: ‘‘DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ (c) Near the machine compartment: ‘‘CAUTION—Risk of Fire or Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting To Service This Product. All Safety Precautions Must be Followed.’’ (d) On the exterior of the refrigerator: ‘‘CAUTION—Risk of Fire or Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (e) Near any and all exposed refrigerant tubing: ‘‘CAUTION—Risk of Fire or Explosion Due To Puncture Of Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable Refrigerant Used.’’ All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. The refrigeration equipment must have red, Pantone® Matching System #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. Acceptable subject These refrigerants may be used only in new to use conditions. equipment specifically designed and clearly identified for the refrigerants (i.e., none of these substitutes may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). Detaching and replacing the old refrigeration circuit from the outer casing of the equipment with a new one containing a new evaporator, condenser, and refrigerant tubing within the old casing is considered ‘‘new’’ equipment and not a retrofit of the old, existing equipment. These substitutes may only be used in equipment that meets requirements in Supplement SA to UL 541.1 2 5 In cases where this listing 6 of this table includes requirements more stringent than those of UL 541, the appliance must meet the requirements of this listing 6 of this table in place of the requirements in UL 541. The charge size for vending machines must not exceed 150 g (5.29 oz) in each circuit. As provided in clauses SA6.1.2 to SA6.1.5 of UL 541,1 2 5 the following markings must be attached at the locations provided and must be permanent: Jkt 262001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4700 Further information should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling ethane. Special care should be taken to avoid contact with the skin since ethane, like many refrigerants, can cause freeze burns on the skin. A Class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on equipment with flammable refrigerants. Any recovery equipment used should be designed for flammable refrigerants. Any refrigerant releases should be in a well-ventilated area, such as outside of a building. Only technicians specifically trained in handling flammable refrigerants should service equipment containing ethane. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. If a service port is added then refrigeration equipment using this refrigerant should have service aperture fittings that differ from fittings used in equipment or containers using nonflammable refrigerant. ‘‘Differ’’ means that either the diameter differs by at least 1⁄16 inch or the thread direction is reversed (i.e., righthanded vs. left-handed). These different fittings should be permanently affixed to the unit at the point of service and maintained until the end-of-life of the unit, and should not be accessed with an adaptor. An example of non-mechanical heat transfer using this refrigerant would be use in a secondary loop of a thermosiphon. Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing hydrocarbon refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated and re-entry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling these refrigerants. Special care should be taken to avoid contact with the skin since these refrigerants, like many refrigerants, can cause freeze burns on the skin. E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50469 SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute lotter on DSK11XQN23PROD with RULES2 7. Residential and light-commercial air conditioning and heat pumps—self-contained room air conditioners only (New equipment only). VerDate Sep<11>2014 Propane (R–290), R–441A. 20:04 Jun 12, 2024 Decision Use conditions (a) On or near any evaporators that can be contacted by the consumer: ‘‘DANGER— Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not Puncture Refrigerant Tubing.’’ (b) Near the machine compartment: ‘‘DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ (c) Near the machine compartment: ‘‘CAUTION—Risk of Fire or Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting To Service This Product. All Safety Precautions Must be Followed.’’ (d) On the exterior of the refrigerator: ‘‘CAUTION—Risk of Fire or Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (e) Near any and all exposed refrigerant tubing: ‘‘CAUTION—Risk of Fire or Explosion Due To Puncture Of Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable Refrigerant Used.’’ All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. The refrigeration equipment must have red, Pantone® Matching System #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. Acceptable subject These refrigerants may be used only in new to use conditions. equipment specifically designed and clearly identified for the refrigerants (i.e., none of these substitutes may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). These refrigerants may only be used in equipment that meets requirements in Supplement SA and Appendices B through F of UL 484.1 2 4 In cases where listing 7 of this table includes requirements more stringent than those of UL 484, the appliance must meet the requirements of this listing 7 of this table in place of the requirements in UL 484. The charge size for the entire air conditioner must not exceed the maximum refrigerant mass determined according to Appendix F of UL 484 for the room size where the air conditioner is used. The charge size for these three refrigerants must in no case exceed 1,000 g (35.3 oz or 2.21 pounds) of propane or 1,000 g (35.3 oz or 2.21 pounds) of R–441A. For portable air conditioners, the charge size must in no case exceed 300 g (10.6 oz or 0.66 pounds) of propane or 330 g (11.6 oz or 0.72 pounds) of R–441A. The manufacturer must design a charge size for the entire air conditioner that does not exceed the amount specified for the unit’s cooling capacity, as specified in table A, B, C, D, or E of this appendix R. Jkt 262001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4700 Further information A Class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on refrigeration equipment with flammable refrigerants. Any recovery equipment used should be designed for flammable refrigerants. Any refrigerant releases should be in a well-ventilated area, such as outside of a building. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing these refrigerants. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing hydrocarbon refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated and re-entry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling these refrigerants. Special care should be taken to avoid contact with the skin since these refrigerants, like many refrigerants, can cause freeze burns on the skin. A Class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. E:\FR\FM\13JNR2.SGM 13JNR2 50470 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute lotter on DSK11XQN23PROD with RULES2 8. Residential and light-commercial air conditioning and heat pumps—self-contained room air conditioners only (New equipment only) manufactured from May 10, 2015, and up to but not including May 30, 2023. VerDate Sep<11>2014 HFC–32 ................ 20:04 Jun 12, 2024 Decision Use conditions As provided in clauses SA6.1.2 to SA6.1.5 of UL 484,1 2 4 the following markings must be attached at the locations provided and must be permanent: (a) On the outside of the air conditioner: ‘‘DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ (b) On the outside of the air conditioner: ‘‘CAUTION—Risk of Fire or Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (c) On the inside of the air conditioner near the compressor: ‘‘CAUTION—Risk of Fire or Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting To Service This Product. All Safety Precautions Must be Followed.’’ (d) On the outside of each portable air conditioner: ‘‘WARNING: Appliance shall be installed, operated and stored in a room with a floor area larger the ‘‘X’’ m2 (Y ft2).’’ The value ‘‘X’’ on the label must be determined using the minimum room size in m2 calculated using Appendix F of UL 484. For R–441A, use a lower flammability limit of 0.041 kg/m3 in calculations in Appendix F of UL 484. All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. The air conditioning equipment must have red, Pantone® Matching System #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. Acceptable subject This refrigerant may be used only in new equipto use conditions. ment specifically designed and clearly identified for the refrigerant (i.e., this substitute may not be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). This refrigerant may only be used in equipment that meets all requirements in Supplement SA and Appendices B through F of UL 484.1 2 4 In cases where this listing 8 of this table includes requirements more stringent than those of UL 484, the appliance must meet the requirements of listing 8 of this table in place of the requirements in UL 484. The charge size for the entire air conditioner must not exceed the maximum refrigerant mass determined according to Appendix F of UL 484 for the room size where the air conditioner is used. The manufacturer must design a charge size for the entire air conditioner that does not exceed the amount specified for the unit’s cooling capacity, as specified in table A, B, C, D, or E of this appendix. For equipment following this listing 8, and as provided in clauses SA6.1.2 to SA6.1.5 of UL 484,1 2 4 the following markings must be attached at the locations provided and must be permanent: Jkt 262001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4700 Further information Any recovery equipment used should be designed for flammable refrigerants. Any refrigerant releases should be in a well-ventilated area, such as outside of a building. Only technicians specifically trained in handling flammable refrigerants should service air conditioning equipment containing these refrigerants. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. If a service port is added then air conditioning equipment using this refrigerant should have service aperture fittings that differ from fittings used in equipment or containers using nonflammable refrigerant. ‘‘Differ’’ means that either the diameter differs by at least 1⁄16 inch or the thread direction is reversed (i.e., righthanded vs. left-handed). These different fittings should be permanently affixed to the unit at the point of service and maintained until the end-of-life of the unit, and should not be accessed with an adaptor. Examples of air conditioning equipment in this category include window air conditioning units, portable room air conditioners, and packaged terminal air conditioners and heat pumps. Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing hydrocarbon refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated and re-entry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling these refrigerants. Special care should be taken to avoid contact with the skin since these refrigerants, like many refrigerants, can cause freeze burns on the skin. A Class B dry powder type fire extinguisher should be kept nearby. E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50471 SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute lotter on DSK11XQN23PROD with RULES2 9. Residential and light-commercial air conditioning and heat pumps—self-contained room air conditioners only (New equipment only) manufactured from May 30, 2023 through January 1, 2024. VerDate Sep<11>2014 HFC–32 ................ 20:04 Jun 12, 2024 Decision Use conditions (a) On the outside of the air conditioner: ‘‘DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ (b) On the outside of the air conditioner: ‘‘CAUTION—Risk of Fire or Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (c) On the inside of the air conditioner near the compressor: ‘‘CAUTION—Risk of Fire or Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting To Service This Product. All Safety Precautions Must be Followed.’’ (d) On the outside of each portable air conditioner: ‘‘WARNING: Appliance shall be installed, operated and stored in a room with a floor area larger the ‘‘X’’ m2 (Y ft2).’’ The value ‘‘X’’ on the label must be determined using the minimum room size in m2 calculated using Appendix F of UL 484. All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. The air conditioning equipment must have red, Pantone® Matching System (PMS) #185 marked pipes, hoses, and other devices through which the refrigerant is serviced, typically known as the service port, to indicate the use of a flammable refrigerant. This color must be present at all service ports and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes). The color mark must extend at least 2.5 centimeters (1 inch) from the compressor and must be replaced if removed. Acceptable subject This refrigerant may only be used in equipment to use conditions. that meets all requirements in either: (1) Supplement SA and Appendices B through F of UL 484 1 2 4 and listing 8 of this table, or (2) UL 60335–2–40 1 2 7 and listing 10 of this table. Jkt 262001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4700 Further information Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. Any recovery equipment used should be designed for flammable refrigerants. Any refrigerant releases should be in a well-ventilated area, such as outside of a building. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing these refrigerants. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. If a service port is added then air conditioning equipment using this refrigerant should have service aperture fittings that differ from fittings used in equipment or containers using nonflammable refrigerant. ‘‘Differ’’ means that either the diameter differs by at least 1⁄16 inch or the thread direction is reversed (i.e., righthanded vs. left-handed). These different fittings should be permanently affixed to the unit at the point of service and maintained until the end-of-life of the unit, and should not be accessed with an adaptor. Air conditioning equipment in this category includes: Window air conditioning units. Portable room air conditioners. Packaged terminal air conditioners and heat pumps. E:\FR\FM\13JNR2.SGM 13JNR2 50472 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute 10. Residential and light-commercial air conditioning and heat pumps—self-contained room air conditioners only. (New equipment only) manufactured on or after January 2, 2024. HFC–32 ................ VerDate Sep<11>2014 20:04 Jun 12, 2024 Decision Use conditions Acceptable subject This refrigerant may be used only in new equipto use conditions. ment specifically designed and clearly identified for the refrigerant (i.e., this substitute may not be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). This substitute may only be used in air conditioning equipment that meets all requirements in UL 60335–2–40 1 2 7 and this listing 10 of this table. In cases where this listing 10 includes requirements more stringent than those of UL 60335–2–40, the appliance must meet the requirements of this listing 10 in place of the requirements in UL 60335–2–40. The following markings must be attached at the locations provided and must be permanent: (a) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ (b) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (c) On the inside of the equipment near the compressor: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting to Service This Product. All Safety Precautions Must be Followed.’’ Jkt 262001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4700 Further information Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing flammable refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated, and reentry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling flammable refrigerants. Special care should be taken to avoid contact with the skin which, like many refrigerants, can cause freeze burns on the skin. A class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. Any recovery equipment used should be designed for flammable refrigerants. Only technicians specifically trained in handling flam- E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50473 SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued lotter on DSK11XQN23PROD with RULES2 End-use Substitute Decision Use conditions Further information (d) For any equipment pre-charged at the factory, on the equipment packaging or on the outside of the equipment: ‘‘WARNING—Risk of Fire due to Flammable Refrigerant Used. Follow Handling Instructions Carefully in Compliance with National Regulations’’ a. If the equipment is delivered packaged, this label shall be applied on the packaging. b. If the equipment is not delivered packaged, this label shall be applied on the outside of the equipment near the control panel or nameplate. (e) On the equipment near the nameplate: a. At the top of the marking: ‘‘Minimum Installation height, X m (W ft).’’ This marking is only required if required by the UL 60335–2–40. The terms ‘‘X’’ and ‘‘W’’ shall be replaced by the numeric height as calculated per UL 60335–2–40. Note that the formatting here is slightly different than UL 60335–2–40; specifically, the height in Inch-Pound units is placed in parentheses and the word ‘‘and’’ has been replaced by the opening parenthesis. b. Immediately below marking (a) of this listing 8 or at the top of the marking if marking (a) is not required: ‘‘Minimum room area (operating or storage), Y m2 (Z ft2).’’ The terms ‘‘Y’’ and ‘‘Z’’ shall be replaced by the numeric area as calculated per UL 60335–2–40. Note that the formatting here is slightly different than UL 60335–2–40; specifically, the area in Inch-Pound units is placed in parentheses and the word ‘‘and’’ has been replaced by the opening parenthesis. (f) For non-fixed equipment, on the outside of the product: ‘‘WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.’’ (g) All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. The equipment must have red Pantone Matching System (PMS) #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. mable refrigerants should service refrigeration equipment containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. Personnel commissioning, maintaining, repairing, decommissioning and disposing of appliances with this refrigerant should obtain training and follow practices consistent with Annex HH of UL 60335–2–40.2 7 CAA section 608(c)(2) prohibits knowingly venting or otherwise knowingly releasing or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration. Department of Transportation requirements for transport of flammable gases must be followed. Flammable refrigerants being recovered or otherwise disposed of from residential and light commercial air conditioning appliances are likely to be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40 CFR parts 260 through 270). 1 The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR part 51). You may inspect a copy at the U.S. EPA or at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004, https://www.epa.gov/dockets, (202) 566–1742. For information on the availability of this material at NARA, visit https://www.archives.gov/ federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. 2 You may obtain the UL material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue; Bensenville, IL 60106; phone: 1–888–853–3503 in the U.S. or Canada (other countries +1–415–352–2168); email: orders@shopulstandards.com; website: https://ulstandards.ul.com or www.shopulstandards.com. 3 UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant in the Refrigerating System. November 24, 2010. 4 UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a Flammable Refrigerant in the Refrigerating System and Appendices B through F. December 21, 2007, with changes through August 3, 2012. 5 UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders Employing a Flammable Refrigerant in the Refrigerating System. December 30, 2011. 6 UL 60335–2–24. Standard for Safety: Requirements for Household and Similar Electrical Appliances,—Safety—Part 2–24: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers, 2nd edition, dated April 28, 2017. 7 UL 60335–2–40, Standard for Safety: Household And Similar Electrical Appliances—Safety—Part 2–40: Particular Requirements for Electrical Heat Pumps, AirConditioners and Dehumidifiers, 3rd edition, dated November 1, 2019. 8 UL 60335–2–89, Standard for Safety for 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, dated October 27, 2021. 9 You may obtain the ANSI/ASHRAE material from: American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 180 Technology Parkway NW, Peachtree Corners, Georgia 30092; phone: 1–800–527–4723 or 1–404–636–8400 in the U.S. or Canada; email: cservice@ashrae.org; website: https:// www.ashrae.org/technical-resources/bookstore/ashrae-refrigeration-resources. 10 ANSI/ASHRAE Standard 34–2022. Designation and Safety Classification of Refrigerants, copyright 2022. 11 ANSI/ASHRAE Addendum a to ANSI/ASHRAE Standard 34–2022, Designation and Safety Classification of Refrigerants, ANSI-/ASHRAE-approved December 20, 2022. VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4700 E:\FR\FM\13JNR2.SGM 13JNR2 50474 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 12 ANSI/ASHRAE Standard 15–2022. Safety Standard for Refrigeration Systems, copyright 2022. 13 You may obtain the material from the United Nations Publications section at: https://shop.un.org/books/global-harmon-syst-class-9-92280; United Nations Publications Customer Service, P.O. Box 960, Herndon, VA 20172; phone: 1–703–661–1571; email: order@un.org. 14 ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition, copyright 2021; Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables. * * * * * 4. 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: ■ 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 June 13, 2024 Final Rule, Effective July 15, 2024 lotter on DSK11XQN23PROD with RULES2 REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS End-use Substitute 1. Commercial ice machines (selfcontained) (new only) manufactured from January 3, 2017, and up to but not including 7/15/2024. Propane (R–290) .. VerDate Sep<11>2014 20:04 Jun 12, 2024 Decision Use conditions Acceptable subject This refrigerant may be used only in new equipto use conditions. ment designed specifically and clearly identified for the refrigerant—i.e., this refrigerant may not be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment. This refrigerant may be used only in self-contained commercial ice machines that meet requirements listed in Supplement SA to UL 563.1 2 5 In cases where this rule includes requirements more stringent than those in UL 563, the equipment must meet the requirements of the final rule in place of the requirements in the UL Standard. The charge size must not exceed 150 g (5.29 oz) in each refrigerant circuit of a commercial ice machine. As provided in clauses SA6.1.1 and SA6.1.2 of UL 563, the following markings must be attached at the locations provided and must be permanent: (a) ‘‘DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not Puncture Refrigerant Tubing.’’ This marking must be provided on or near any evaporators that can be contacted by the consumer. (b) ‘‘DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ This marking must be located near the machine compartment. (c) ‘‘CAUTION—Risk of Fire or Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting To Service This Product. All Safety Precautions Must be Followed.’’ This marking must be located near the machine compartment. (d) ‘‘CAUTION—Risk of Fire or Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ This marking must be provided on the exterior of the refrigeration equipment. (e) ‘‘CAUTION—Risk of Fire or Explosion Due To Puncture Of Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable Refrigerant Used.’’ This marking must be provided near all exposed refrigerant tubing. All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. The equipment must have red Pantone® Matching System #185 marked pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch in both directions from such locations. Jkt 262001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4700 Further information Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation), 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing hydrocarbon refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated and re-entry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling propane. Special care should be taken to avoid contact with the skin since propane, like many refrigerants, can cause freeze burns on the skin. A Class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on equipment with propane. Any recovery equipment used should be designed for flammable refrigerants. Any refrigerant releases should be in a well-ventilated area, such as outside of a building. Only technicians specifically trained in handling flammable refrigerants should service equipment containing propane. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. If a service port is added then, commercial ice machines or equipment using propane should have service aperture fittings that differ from fittings used in equipment or containers using non-flammable refrigerant. ‘‘Differ’’ means that either the diameter differs by at least 1⁄16 inch or the thread direction is reversed (i.e., righthanded vs. left-handed). These different fittings should be permanently affixed to the unit at the point of service and maintained until the end-of-life of the unit and should not be accessed with an adaptor. E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50475 lotter on DSK11XQN23PROD with RULES2 REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute 2. Commercial ice machines (selfcontained) (new only) manufactured on or after 7/15/2024, through September 29, 2024, or equipment manufactured on or after September 30, 2024, that remains unchanged, other than cosmetic changes, from an earlier model or design that was already certified to the UL 563 1 2 5 standard before September 30, 2024. 3. Commercial ice machines (selfcontained) (new only) manufacturedon or after September 30, 2024, except for equipment manufactured on or after September 30, 2024, that remains unchanged, other than cosmetic changes, from an earlier model or design that was already certified to the UL 5631 2 5 standard before September 30, 2024. Propane (R–290) .. Acceptable subject This refrigerant may be used only in self-conto use conditions. tained commercial ice machines that meet requirements in either: 1. Supplement SA to UL 563 1 2 5 and listing 1 of this table or 2. ASHRAE 15–2022,1 7 8 UL 60335–2– 89,1 2 6 and listing 3 of this table. Propane (R–290) .. Acceptable subject This refrigerant may be used only in new equipto use conditions. ment specifically designed and clearly identified for the refrigerant (i.e., none of these substitutes may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). This refrigerant may be used in new commercial ice machines if and only if such equipment meets all requirements in ASHRAE 15– 2022 1 7 8. In cases where this listing 3 includes requirements different than those of ASHRAE 15–2022 1 7 8 the appliance would need to meet the requirements of this listing in place of the requirements in ASHRAE 15– 2022. This refrigerant may only be used in commercial ice machines that meet all requirements in UL 60335–2–89,1 2 6 except as provided otherwise in UL 60335–2–89, in ASHRAE 15– 2022, or in this listing 3. In cases where this listing includes requirements more stringent than those of UL 60335–2–89, the appliance must meet the requirements of this listing 3 in place of the requirements in the UL 60335–2– 89. Where similar requirements of ASHRAE 15–2022 and UL 60335–2–89 differ, the more stringent or conservative condition shall apply unless superseded by this listing 3. The following markings must be attached at the locations provided and must be permanent: VerDate Sep<11>2014 20:04 Jun 12, 2024 Decision Jkt 262001 PO 00000 Use conditions Frm 00067 Fmt 4701 Sfmt 4700 Further information Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing flammable refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated, and reentry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling flammable refrigerants. Special care should be taken to avoid contact with the skin which, like many refrigerants, can cause freeze burns on the skin. A class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. E:\FR\FM\13JNR2.SGM 13JNR2 50476 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute Decision Use conditions lotter on DSK11XQN23PROD with RULES2 (a) On the outside of the equipment: ‘‘DANGER—Risk of Fire Or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ (b) On the outside of the equipment: ‘‘WARNING—Risk of Fire OR Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (c) 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.’’ (d) 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’’ a. If the equipment is delivered packaged, this label shall be applied on the packaging. b. If the equipment is not delivered packaged, this label shall be applied on the outside of the equipment near the control panel or nameplate. (e) On indoor units near the nameplate: a. At the top of the marking: ‘‘Minimum Installation Height, X m (W ft)’’. This marking is only required if required by UL 60335–2–89. The terms ‘‘X’’ and ‘‘W’’ shall be replaced by the numeric height as calculated per UL 60335–2–89. 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. b. Immediately below (a) above or at the top of the marking if (a) is not required: ‘‘Minimum room area (operating or storage), Y m 2 (Z ft 2)’’. The terms ‘‘Y’’ and ‘‘Z’’ shall be replaced by the numeric area as calculated per UL 60335–2–89. Note that the formatting here is slightly different than UL 60335–2–89; specifically, the area in Inch-Pound units is placed in parentheses and the word ‘‘and’’ has been replaced by the opening parenthesis. (f) For non-fixed equipment, on the outside of the appliance: ‘‘WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.’’ (g) For fixed equipment that is ducted, near the nameplate: ‘‘WARNING—Risk of Fire 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.’’ (h) All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4700 Further information Any recovery equipment used should be designed for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. Personnel commissioning, maintaining, repairing, decommissioning and disposing of appliances with this refrigerant should obtain training and follow practices consistent with Annex 101.DVT of UL 60355–2–89.1 2 5 Department of Transportation requirements for transport of flammable gases must be followed. Flammable refrigerants being recovered or otherwise disposed of from ice machine appliances are likely to be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40 CFR parts 260 through 270). E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50477 REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute Decision Use conditions Further information Pantone® lotter on DSK11XQN23PROD with RULES2 4. Very low temperature refrigeration equipment (new only). VerDate Sep<11>2014 Propane (R–290) .. 20:04 Jun 12, 2024 The equipment must have red Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25 mm) in both directions from such locations and shall be replaced if removed. In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335–2– 89, the equipment may display the Globally Harmonized System of Classification and Labelling of Chemicals GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border), as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition 1 11 12: • Outside of the equipment (label (a)); • on the appliance packaging for a factorycharged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm (9⁄16 in). In addition, next to the GHS warning symbol for hazard category 1 flammable gases must be text of the refrigerant safety class of the refrigerant according to ASHRAE 34–2022,1 7 9 10 in letters at least one-third the height of the diamond symbol. Acceptable subject As of January 3, 2017: to use conditions. This refrigerant may be used only in new equipment designed specifically and clearly identified for the refrigerant—i.e., this refrigerant may not be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment. This refrigerant may only be used in equipment that meets requirements in Supplement SB to UL 471.1 2 4 In cases where this listing 4 of this table includes requirements more stringent than those of UL 471, the appliance must meet the requirements of this listing 4 of this table in place of the requirements in UL 471. The charge size for the equipment must not exceed 150 grams (5.29 ounces) in each refrigerant circuit of the very low temperature refrigeration equipment. As provided in clauses SB6.1.2 to SB6.1.5 of UL 471, the following markings must be attached at the locations provided and must be permanent: Jkt 262001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4700 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing hydrocarbon refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated and re-entry should occur only after the space has been properly ventilated. E:\FR\FM\13JNR2.SGM 13JNR2 50478 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use lotter on DSK11XQN23PROD with RULES2 5. Water coolers (new only). VerDate Sep<11>2014 Substitute Propane (R–290) .. 20:04 Jun 12, 2024 Decision Use conditions (a) ‘‘DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not Puncture Refrigerant Tubing.’’ This marking must be provided on or near any evaporators that can be contacted by the consumer. (b) ‘‘DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ This marking must be located near the machine compartment. (c) ‘‘CAUTION—Risk of Fire or Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting To Service This Product. All Safety Precautions Must be Followed.’’ This marking must be located near the machine compartment. (d) ‘‘CAUTION—Risk of Fire or Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ This marking must be provided on the exterior of the refrigeration equipment. (e) ‘‘CAUTION—Risk of Fire or Explosion Due To Puncture Of Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable Refrigerant Used.’’ This marking must be provided near all exposed refrigerant tubing. All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. The equipment must have red Pantone® Matching System #185 marked pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch in both directions from such locations. Acceptable subject This refrigerant may be used only in new equipto use conditions. ment designed specifically and clearly identified for the refrigerant—i.e., this refrigerant may not be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment. This refrigerant may be used only in water coolers that meet requirements listed in Supplement SB to UL 399 1 2 3 In cases where this listing 5 includes requirements more stringent than those of UL 399, the appliance must meet the requirements of this listing 5 in place of the requirements in UL 399. The charge size must not exceed 60 grams (2.12 ounces) per refrigerant circuit in the water cooler. The equipment must have red Pantone® Matching System #185 marked pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch in both directions from such locations. As provided in clauses SB6.1.2 to SB6.1.5 of UL 399, the following markings must be attached at the locations provided and must be permanent: Jkt 262001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4700 Further information Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling propane. Special care should be taken to avoid contact with the skin since propane, like many refrigerants, can cause freeze burns on the skin. A Class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on equipment with flammable refrigerants. Any recovery equipment used should be designed for flammable refrigerants. Any refrigerant releases should be in a well-ventilated area, such as outside of a building. Only technicians specifically trained in handling flammable refrigerants should service equipment containing propane. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely Room occupants should evacuate the space immediately following the accidental release of this refrigerant. If a service port is added, then very low temperature equipment using propane should have service aperture fittings that differ from fittings used in equipment or containers using non-flammable refrigerant. ‘‘Differ’’ means that either the diameter differs by at least 1/16 inch or the thread direction is reversed (i.e., right-handed vs. left-handed). These different fittings should be permanently affixed to the unit at the point of service and maintained until the end-of-life of the unit, and should not be accessed with an adaptor. Very low temperature equipment using propane may also use another acceptable refrigerant substitute in a separate refrigerant circuit or stage (e.g., one temperature stage with propane and a second stage with ethane). Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing hydrocarbon refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated and re-entry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling propane. Special care should be taken to avoid contact with the skin since propane, like many refrigerants, can cause freeze burns on the skin. A Class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on equipment with flammable refrigerants. E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50479 REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute Decision Use conditions Further information (a) ‘‘DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not Puncture Refrigerant Tubing.’’ This marking must be provided on or near any evaporators that can be contacted by the consumer. (b) ‘‘DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ This marking must be located near the machine compartment. (c) ‘‘CAUTION—Risk of Fire or Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting To Service This Product. All Safety Precautions Must be Followed.’’ This marking must be located near the machine compartment. (d) ‘‘CAUTION—Risk of Fire or Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ This marking must be provided on the exterior of the refrigeration equipment. (e) ‘‘CAUTION—Risk of Fire or Explosion Due To Puncture Of Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable Refrigerant Used.’’ This marking must be provided near all exposed refrigerant tubing. Any recovery equipment used should be designed for flammable refrigerants. Any refrigerant releases should be in a well-ventilated area, such as outside of a building. Only technicians specifically trained in handling flammable refrigerants should service equipment containing propane. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. If a service port is added, then water coolers or equipment using propane should have service aperture fittings that differ from fittings used in equipment or containers using non-flammable refrigerant. ‘‘Differ’’ means that either the diameter differs by at least 1/16 inch or the thread direction is reversed (i.e., right-handed vs. left-handed). These different fittings should be permanently affixed to the unit at the point of service and maintained until the end-of-life of the unit, and should not be accessed with an adaptor. 1 The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR part 51). You may inspect a copy at the U.S. EPA or at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004, www.epa.gov/dockets; (202) 202–1744. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. 2 You may obtain the UL material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue; Bensenville, IL 60106; phone: 1–888–853–3503 in the U.S. or Canada (other countries +1–415–352–2168); email: orders@shopulstandards.com; website: https://ulstandards.ul.com or www.shopulstandards.com. 3 UL 399, Standard for Safety: Drinking Water Coolers- Supplement SB: Requirements for Drinking Water Coolers Employing a Flammable Refrigerant in the Refrigerating System, 7th edition, dated August 22, 2008, including revisions through October 17, 2013. 4 UL 471, Standard for Safety: Commercial Refrigerators and Freezers. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant in the Refrigerating System, 10th edition, dated November 24, 2010. 5 UL 563, Standard for Safety: Ice Makers. Supplement SA: Requirements for Ice Makers Employing a Flammable Refrigerant in the Refrigerating System, 8th edition, dated July 31, 2009, including revisions through November 29, 2013. 6 UL 60335–2–89, Standard for Safety for Household and Similar Electrical Appliances—Safety—Part 2–89: Particular Requirements for Commercial Refrigerating Appliances, 2nd edition, dated October 27, 2021. 7 You may obtain the ANSI/ASHRAE material from: American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 180 Technology Parkway NW, Peachtree Corners, Georgia 30092; phone: 1–800–527–4723 or 1–404–636–8400 in the U.S. or Canada; email: cservice@ashrae.org; website: https:// w0ww.ashrae.org/technical-resources/bookstore/ashrae-refrigeration-resources. 8 ANSI/ASHRAE Standard 15–2022. Safety Standard for Refrigeration Systems, copyright 2022, 9 ANSI/ASHRAE Standard 34–2022. Designation and Safety Classification of Refrigerants, copyright 2022. 10 ANSI/ASHRAE Addendum a to ANSI/ASHRAE Standard 34–2022, Designation and Safety Classification of Refrigerants, ANSI-/ASHRAE-approved December 20, 2022. 11 You may obtain the UN material from the United Nations Publications section at: https://shop.un.org/books/global-harmon-syst-class-9-92280; by mail: United Nations Publications Customer Service, PO Box 960, Herndon, VA 20172; phone: 1–703–661–1571; email: order@un.org. 12 ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition, copyright 2021; Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables. lotter on DSK11XQN23PROD with RULES2 * * * VerDate Sep<11>2014 * * 20:04 Jun 12, 2024 5. Add appendix Y to subpart G of part 82 to read as follows: ■ Jkt 262001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4700 Appendix Y to Subpart G of Part 82— Substitutes Listed in the June 13, 2024, Final Rule, Effective July 15, 2024 E:\FR\FM\13JNR2.SGM 13JNR2 50480 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS End-use Substitute 1. Retail Food Refrigeration— Stand-alone units and refrigerated food processing and dispensing equipment, excluding refrigerated food processing and dispensing equipment that is within the scope of UL 621 (Ice Cream Makers) (New only). HFO–1234yf, HFO–1234ze(E), R–454C, R– 455A, R–457A, and R–516A. VerDate Sep<11>2014 20:04 Jun 12, 2024 Decision Use conditions Acceptable subject These refrigerants may be used only in new to use conditions. equipment specifically designed and clearly identified for the refrigerant (i.e., none of these substitutes may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). These refrigerants may be used in stand-alone units and refrigerated food processing and dispensing equipment if and only if such equipment meets requirements listed in ASHRAE 15–2022.1 4 5 In cases where this listing includes requirements different than those of ASHRAE 15–2022, the appliance would need to meet the requirements of this listing 1 in place of the requirements in ASHRAE 15–2022. These refrigerants may only be used in refrigeration equipment that meets all requirements in UL 60335–2–89,1 2 3 except as provided otherwise in UL 60335–2–89, in ASHRAE 15– 2022, or in this listing 1. This listing 1 does not apply to refrigerated food processing and dispensing equipment that is within the scope of UL 621 (Ice Cream Makers). In cases where this listing includes requirements more stringent than those of UL 60335–2–89, the appliance must meet the requirements of this listing 1 in place of the requirements in UL 60335–2–89. Where similar requirements of ASHRAE 15–2022 and UL 60335–2–89 differ, the more stringent or conservative condition shall apply unless superseded by this listing 1. The following markings must be attached at the locations provided and must be permanent: Jkt 262001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4700 Further information Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). It is the obligation of regulated entitles to inform themselves of and comply with any other applicable legal obligations or restrictions. Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing flammable refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated, and reentry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling flammable refrigerants. Special care should be taken to avoid contact with the skin which, like many refrigerants, can cause freeze burns on the skin. A class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50481 REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued lotter on DSK11XQN23PROD with RULES2 End-use VerDate Sep<11>2014 Substitute 20:04 Jun 12, 2024 Jkt 262001 Decision PO 00000 Use conditions Further information (a) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ (b) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (c) On the inside of the equipment near the compressor: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting to Service This Product. All Safety Precautions Must be Followed.’’ (d) For any equipment pre-charged at the factory, on the equipment packaging or on the outside of the equipment: ‘‘WARNING—Risk of Fire due to Flammable Refrigerant Used. Follow Handling Instructions Carefully in Compliance with National Regulations’’ a. If the equipment is delivered packaged, this label shall be applied on the packaging. b. If the equipment is not delivered packaged, this label shall be applied on the outside of the equipment near the control panel or nameplate. (e) On the equipment near the nameplate: a. At the top of the marking: ‘‘Minimum Installation Height, X m (W ft)’’. This marking is only required if required by 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. b. Immediately below (a) above or at the top of the marking if (a) is not required: ‘‘Minimum room area (operating or storage), Y m2 (Z ft2)’’. The terms ‘‘Y’’ and ‘‘Z’’ shall be replaced by the numeric area as calculated per 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. (f) For non-fixed equipment, on the outside of the product: ‘‘WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.’’ (g) For fixed equipment that is ducted, near the nameplate: ‘‘WARNING—Risk of Fire—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.’’ (h) All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. The equipment must have red Pantone® Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. Any recovery equipment used should be designed for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. Personnel commissioning, maintaining, repairing, decommissioning and disposing of appliances with this refrigerant should obtain training and follow practices consistent with Annex 101.DVT of UL 60355–2–89.1 2 3 CAA section 608(c)(2) prohibits knowingly venting or otherwise knowingly releasing or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration. Department of Transportation requirements for transport of flammable gases must be followed. Flammable refrigerants being recovered or otherwise disposed of from retail food refrigeration appliances are likely to be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40 CFR parts 260 through 270). Frm 00073 Fmt 4701 Sfmt 4700 E:\FR\FM\13JNR2.SGM 13JNR2 50482 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute lotter on DSK11XQN23PROD with RULES2 2. Retail Food Refrigeration—Refrigerated food processing and dispensing equipment (New only)—excluding refrigerated food processing and dispensing equipment that is within the scope of UL 621 (Ice Cream Makers). VerDate Sep<11>2014 Propane (R–290) .. 20:04 Jun 12, 2024 Decision Use conditions In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335–2– 89, the equipment may display the GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border) as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/ SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition 1 8 9 on the following three locations: • Outside of the equipment (label (a)); • on the appliance packaging for a factorycharged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm (9⁄16 in). In addition, next to the GHS warning symbol for hazard category 1 flammable gases must be text of the refrigerant safety class of the refrigerant according to ASHRAE 34–2022,1 4 6 7 in letters at least one-third the height of the diamond symbol. Acceptable subject This refrigerant may be used only in new equipto use conditions. ment specifically designed and clearly identified for the refrigerant (i.e., the substitute may not be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). This refrigerant may be used in refrigerated food processing and dispensing equipment if and only if such equipment meets requirements listed in ASHRAE 15–2022.1 4 5 In cases where this listing 2 includes requirements different than those of ASHRAE 15–2022, the appliance would need to meet the requirements of this listing 2 in place of requirements in the ASHRAE Standard. These refrigerants may only be used in refrigeration equipment that meets all requirements in UL 60335–2–89,1 2 3 except as provided otherwise in UL 60335–2–89, in ASHRAE 15– 2022, or in this listing 2. This listing 2 does not apply to refrigerated food processing and dispensing equipment that is within the scope of UL 621 (Ice Cream Makers). In cases where this listing includes requirements more stringent than those of UL 60335–2–89, the appliance must meet the requirements of this listing 2 in place of the requirements in UL 60335–2–89. Where similar requirements of ASHRAE 15–2022 and UL 60335–2–89 differ, the more stringent or conservative condition shall apply unless superseded by this listing 2. The following markings must be attached at the locations provided and must be permanent: Jkt 262001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4700 Further information Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). It is the obligation of regulated entitles to inform themselves of and comply with any other applicable legal obligations or restrictions. Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing flammable refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated, and reentry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling flammable refrigerants. Special care should be taken to avoid contact with the skin which, like many refrigerants, can cause freeze burns on the skin. A class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50483 REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued lotter on DSK11XQN23PROD with RULES2 End-use VerDate Sep<11>2014 Substitute 20:04 Jun 12, 2024 Jkt 262001 Decision PO 00000 Use conditions Further information (a) On the outside of the equipment: ‘‘DANGER—Risk of Fire Or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ (b) On the outside of the equipment: ‘‘WARNING—Risk of Fire Or Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (c) 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.’’ (d) 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’’ a. If the equipment is delivered packaged, this label shall be applied on the packaging. b. If the equipment is not delivered packaged, this label shall be applied on the outside of the equipment near the control panel or nameplate. (e) On the equipment near the nameplate: a. At the top of the marking: ‘‘Minimum Installation Height, X m (W ft)’’. This marking is only required if required by UL 60335–2–89. 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. b. Immediately below (a) above or at the top of the marking if (a) is not required: ‘‘Minimum room area (operating or storage), Y m2 (Z ft2)’’. The terms ‘‘Y’’ and ‘‘Z’’ shall be replaced by the numeric area as calculated per 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. (f) For non-fixed equipment, on the outside of the product: ‘‘WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.’’ (g) For fixed equipment that is ducted, near the nameplate: ‘‘WARNING—Risk of Fire 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.’’ (h) All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. The equipment must have red Pantone® Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. Any recovery equipment used should be designed for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. Personnel commissioning, maintaining, repairing, decommissioning and disposing of appliances with this refrigerant should obtain training and follow practices consistent with Annex 101.DVT of UL 260355–2–89.1 2 3 CAA section 608(c)(2) prohibits knowingly venting or otherwise knowingly releasing or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration. Department of Transportation requirements for transport of flammable gases must be followed. Flammable refrigerants being recovered or otherwise disposed of from retail food refrigeration appliances are likely to be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40 CFR parts 260 through 270). Frm 00075 Fmt 4701 Sfmt 4700 E:\FR\FM\13JNR2.SGM 13JNR2 50484 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute lotter on DSK11XQN23PROD with RULES2 3. Retail Food Refrigeration—Remote condensing units and supermarket systems (New only). VerDate Sep<11>2014 HFO–1234yf, HFO–1234ze(E), R–454A, R– 454C, R–455A, R–457A, and R– 516A. 20:04 Jun 12, 2024 Decision Use conditions In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335–2– 89, the equipment may display the GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border), as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/ SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition 1 8 9 on the following three locations: • Outside of the equipment (label (a)); • on the appliance packaging for a factorycharged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm (9⁄16 in). In addition, next to the GHS warning symbol for hazard category 1 flammable gases must be text of the refrigerant safety class of the refrigerant according to ASHRAE 34–2022,1 4 6 7 in letters at least one-third the height of the diamond symbol. Acceptable subject These refrigerants may be used only in new to use conditions. equipment specifically designed and clearly identified for the refrigerant (i.e., none of these substitutes may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). These refrigerants may be used in remote condensing units and supermarket systems if and only if such equipment meets requirements listed in ASHRAE 15–2022.1 4 5 In cases where this listing includes requirements different than those of ASHRAE 15–2022, the appliance would need to meet the requirements of this listing 3 in place of requirements in the ASHRAE Standard. These refrigerants may only be used in refrigeration equipment that meets all requirements in UL 60335–2–89,1 2 3 except as provided otherwise in UL 60335–2–89, in ASHRAE 15– 2022, or in this listing 3. In cases where this listing includes requirements more stringent than those of UL 60335–2–89, the appliance must meet the requirements of this listing 3 in place of the requirements in UL 60335–2–89. Where similar requirements of ASHRAE 15– 2022 and UL 60335–2–89 differ, the more stringent or conservative condition shall apply unless superseded by this listing 3. The following markings must be attached at the locations provided and must be permanent: Jkt 262001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4700 Further information Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). It is the obligation of regulated entitles to inform themselves of and comply with any other applicable legal obligations or restrictions. Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing flammable refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated, and reentry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling flammable refrigerants. Special care should be taken to avoid contact with the skin which, like many refrigerants, can cause freeze burns on the skin. A class B dry powder type fire extinguisher should be kept nearby. E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50485 REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued lotter on DSK11XQN23PROD with RULES2 End-use VerDate Sep<11>2014 Substitute 20:04 Jun 12, 2024 Jkt 262001 Decision PO 00000 Use conditions Further information (a) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ (b) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (c) On the inside of the equipment near the compressor: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting to Service This Product. All Safety Precautions Must be Followed.’’ (d) For any equipment pre-charged at the factory, on the equipment packaging or on the outside of the equipment: ‘‘WARNING—Risk of Fire due to Flammable Refrigerant Used. Follow Handling Instructions Carefully in Compliance with National Regulations’’ a. If the equipment is delivered packaged, this label shall be applied on the packaging. b. If the equipment is not delivered packaged, this label shall be applied on the outside of the equipment near the control panel or nameplate. (e) On the equipment near the nameplate: a. At the top of the marking: ‘‘Minimum Installation Height, X m (W ft)’’. This marking is only required if required by 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. b. Immediately below (a) above or at the top of the marking if (a) is not required: ‘‘Minimum room area (operating or storage), Y m2 (Z ft2)’’. The terms ‘‘Y’’ and ‘‘Z’’ shall be replaced by the numeric area as calculated per 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. (f) For non-fixed equipment, on the outside of the product: ‘‘WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.’’ (g) For fixed equipment that is ducted, near the nameplate: ‘‘WARNING—Risk of Fire—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.’’ (h) All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. The equipment must have red Pantone® Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25 mm) in both directions from such locations and shall be replaced if removed. Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. Any recovery equipment used should be designed for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. Personnel commissioning, maintaining, repairing, decommissioning and disposing of appliances with this refrigerant should obtain training and follow practices consistent with Annex 101.DVT of UL 260355–2–89.1 2 3 CAA section 608(c)(2) prohibits knowingly venting or otherwise knowingly releasing or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration. Department of Transportation requirements for transport of flammable gases must be followed. Flammable refrigerants being recovered or otherwise disposed of from retail food refrigeration appliances are likely to be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40 CFR parts 260 through 270). Frm 00077 Fmt 4701 Sfmt 4700 E:\FR\FM\13JNR2.SGM 13JNR2 50486 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute lotter on DSK11XQN23PROD with RULES2 4. Commercial Ice Machines (New only). VerDate Sep<11>2014 HFO–1234yf, R– 454C, R–455A, R–457A, and R– 516A. 20:04 Jun 12, 2024 Decision Use conditions In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335–2– 89, the equipment may display the GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border), as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/ SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition,1 8 9 on the following three locations: • Outside of the equipment (label (a)); • on the appliance packaging for a factorycharged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label) The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm (9⁄16 in). In addition, next to the GHS warning symbol for hazard category 1 flammable gases must be text of the refrigerant safety class of the refrigerant according to ASHRAE 34–2022,1 4 6 7 in letters at least one-third the height of the diamond symbol. The substitute R–454A may only be used in equipment with a refrigerant charge capacity less than 200 pounds, or in the high-temperature side of a cascade system. Acceptable subject These refrigerants may be used only in new to use conditions. equipment specifically designed and clearly identified for the refrigerant (i.e., none of these substitutes may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). These refrigerants may be used in new commercial ice machines if and only if such equipment meets requirements listed in ASHRAE 15–2022.1 4 5 In cases where this listing includes requirements different than those of ASHRAE 15–2022, the appliance would need to meet the requirements of this listing 4 in place of the requirements in ASHRAE 15–2022. These refrigerants may only be used in refrigeration equipment that meets all requirements in UL 60335–2–89,1 2 3 except as provided otherwise in UL 60335–2–89, in ASHRAE 15– 2022, or in this listing 4. In cases where this listing includes requirements more stringent than those of UL 60335–2–89, the appliance must meet the requirements of this listing 4 in place of the requirements in UL 60335–2–89. Where similar requirements of ASHRAE 15– 2022 and UL 60335–2–89 differ, the more stringent or conservative condition shall apply unless superseded by this listing 4. condition shall apply unless superseded by this listing 4. The following markings must be attached at the locations provided and must be permanent: Jkt 262001 PO 00000 Frm 00078 Fmt 4701 Sfmt 4700 Further information Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). It is the obligation of regulated entitles to inform themselves of and comply with any other applicable legal obligations or restrictions. Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing flammable refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated, and reentry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling flammable refrigerants. Special care should be taken to avoid contact with the skin which, like many refrigerants, can cause freeze burns on the skin. A class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50487 REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute Decision Use conditions lotter on DSK11XQN23PROD with RULES2 (a) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ (b) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (c) On the inside of the equipment near the compressor: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting to Service This Product. All Safety Precautions Must be Followed.’’ (d) For any equipment pre-charged at the factory, on the equipment packaging or on the outside of the equipment: ‘‘WARNING—Risk of Fire due to Flammable Refrigerant Used. Follow Handling Instructions Carefully in Compliance with National Regulations’’ a. If the equipment is delivered packaged, this label shall be applied on the packaging. b. If the equipment is not delivered packaged, this label shall be applied on the outside of the equipment near the control panel or nameplate. (e) On the equipment near the nameplate: a. At the top of the marking: ‘‘Minimum Installation Height, X m (W ft)’’. This marking is only required if required by UL 60335–2–89. 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. b. Immediately below (a) above or at the top of the marking if (a) is not required: ‘‘Minimum room area (operating or storage), Y m2 (Z ft2)’’. The terms ‘‘Y’’ and ‘‘Z’’ shall be replaced by the numeric area as calculated per 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. (f) For non-fixed equipment, on the outside of the product: ‘‘WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.’’ (g) For fixed equipment that is ducted, near the nameplate: ‘‘WARNING—Risk of Fire—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.’’ (h) All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 PO 00000 Frm 00079 Fmt 4701 Sfmt 4700 Further information Any recovery equipment used should be designed for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. Personnel commissioning, maintaining, repairing, decommissioning and disposing of appliances with this refrigerant should obtain training and follow practices consistent with Annex 101.DVT of UL 260355–2–89.1 2 3 CAA section 608(c)(2) prohibits knowingly venting or otherwise knowingly releasing or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration. Department of Transportation requirements for transport of flammable gases must be followed. Flammable refrigerants being recovered or otherwise disposed of from commercial ice machine appliances are likely to be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40 CFR parts 260 through 270). E:\FR\FM\13JNR2.SGM 13JNR2 50488 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute Decision Use conditions Further information Pantone® The equipment must have red Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335–2– 89, the equipment may display the GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border), as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/ SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition,1 8 9 on the following three locations: lotter on DSK11XQN23PROD with RULES2 5. Commercial Ice Machines (New only)—as of 7/15/ 2024, for commercial ice machines with a remote compressor, for batch-type selfcontained automatic commercial ice machines with a harvest rate above 1,000 lb ice per 24 hours and for continuous type self-contained automatic commercial ice machines with a harvest rate above 1,200 lb ice per 24 hours; for other types, as of [date reserved]. VerDate Sep<11>2014 HFC–32, R–454A, R–454B. 20:04 Jun 12, 2024 • Outside of the equipment (label (a)); • on the appliance packaging for a factorycharged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm (9⁄16 in). In addition, next to the GHS warning symbol for hazard category 1 flammable gases must be text of the refrigerant safety class of the refrigerant according to ASHRAE 34–2022,1 4 6 7 in letters at least one-third the height of the diamond symbol. Acceptable subject These refrigerants may be used only in new to use conditions. equipment specifically designed and clearly identified for the refrigerant (i.e., none of these substitutes may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). These refrigerants may be used in new commercial ice machines if and only if such equipment meets requirements in ASHRAE 15–2022.1 4 5 In cases where this listing includes requirements different than those of ASHRAE 15–2022, the appliance would need to meet the requirements of this listing 5 in place of the requirements in ASHRAE 15– 2022. These refrigerants may only be used in refrigeration equipment that meets all requirements in UL 60335–2–89,1 2 3 except as provided otherwise in UL 60335–2–89, in ASHRAE 15– 2022, or in this listing 5. In cases where this listing includes requirements more stringent than those of UL 60335–2–89, the appliance must meet the requirements of this listing 5 in place of the requirements in UL 60335–2–89. Where similar requirements of ASHRAE 15– 2022 and UL 60335–2–89 differ, the more stringent or conservative condition shall apply unless superseded by this listing 5. The following markings must be attached at the locations provided and must be permanent: Jkt 262001 PO 00000 Frm 00080 Fmt 4701 Sfmt 4700 Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). It is the obligation of regulated entitles to inform themselves of and comply with any other applicable legal obligations or restrictions. Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing flammable refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated, and reentry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling flammable refrigerants. Special care should be taken to avoid contact with the skin which, like many refrigerants, can cause freeze burns on the skin. A class B dry powder type fire extinguisher should be kept nearby. E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50489 REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued lotter on DSK11XQN23PROD with RULES2 End-use VerDate Sep<11>2014 Substitute 20:04 Jun 12, 2024 Jkt 262001 Decision PO 00000 Use conditions Further information (a) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ (b) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (c) On the inside of the equipment near the compressor: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting to Service This Product. All Safety Precautions Must be Followed.’’ (d) For any equipment pre-charged at the factory, on the equipment packaging or on the outside of the equipment: ‘‘WARNING—Risk of Fire due to Flammable Refrigerant Used. Follow Handling Instructions Carefully in Compliance with National Regulations’’ a. If the equipment is delivered packaged, this label shall be applied on the packaging. b. If the equipment is not delivered packaged, this label shall be applied on the outside of the equipment near the control panel or nameplate. (e) On the equipment near the nameplate: a. At the top of the marking: ‘‘Minimum Installation Height, X m (W ft)’’. This marking is only required if required by 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. b. Immediately below (a) above or at the top of the marking if (a) is not required: ‘‘Minimum room area (operating or storage), Y m2 (Z ft2)’’. The terms ‘‘Y’’ and ‘‘Z’’ shall be replaced by the numeric area as calculated per 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. (f) For non-fixed equipment, on the outside of the product: ‘‘WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.’’ (g) For fixed equipment that is ducted, near the nameplate: ‘‘WARNING—Risk of Fire—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.’’ (h) All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. The equipment must have red Pantone® Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. Any recovery equipment used should be designed for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. Personnel commissioning, maintaining, repairing, decommissioning and disposing of appliances with this refrigerant should obtain training and follow practices consistent with Annex 101.DVT of UL 260355–2–89.1 2 3 CAA section 608(c)(2) prohibits knowingly venting or otherwise knowingly releasing or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration. Department of Transportation requirements for transport of flammable gases must be followed. Flammable refrigerants being recovered or otherwise disposed of from commercial ice machine appliances are likely to be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40 CFR parts 260 through 270). Frm 00081 Fmt 4701 Sfmt 4700 E:\FR\FM\13JNR2.SGM 13JNR2 50490 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute lotter on DSK11XQN23PROD with RULES2 6. Industrial Process Refrigeration (New only). VerDate Sep<11>2014 HFC–32, HFO– 1234yf, HFO– 1234ze(E), R– 454A, R–454B, R–454C, R– 455A, R–457A, and R–516A. 20:04 Jun 12, 2024 Decision Use conditions In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335–2– 89, the equipment may display the GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border), as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/ SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition 1 8 9 on the following three locations: • Outside of the equipment (label (a)); • on the appliance packaging for a factorycharged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm (9⁄16 in). In addition, next to the GHS warning symbol for hazard category 1 flammable gases must be text of the refrigerant safety class of the refrigerant according to ASHRAE 34–2022,1 4 6 7 in letters at least one-third the height of the diamond symbol. Acceptable subject These refrigerants may be used only in new to use conditions. equipment specifically designed and clearly identified for the refrigerant (i.e., none of these substitutes may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). These refrigerants may be used in industrial process refrigeration equipment if and only if such equipment meets requirements in ASHRAE 15–2022.1 4 5 In cases where this listing includes requirements different than those of ASHRAE 15–2022, the appliance would need to meet the requirements of this listing 6 in place of the requirements in ASHRAE 15–2022. These refrigerants may only be used in refrigeration equipment that meets all requirements in UL 60335–2–89,1 2 3 except as provided otherwise in UL 60335–2–89, in ASHRAE 15– 2022, or in this listing 6. In cases where this listing includes requirements more stringent than those of UL 60335–2–89, the appliance must meet the requirements of this listing 6 in place of the requirements in UL 60335–2–89. Where similar requirements of ASHRAE 15– 2022 and UL 60335–2–89 differ, the more stringent or conservative condition shall apply unless superseded by this listing 6. Jkt 262001 PO 00000 Frm 00082 Fmt 4701 Sfmt 4700 Further information Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing flammable refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated, and reentry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling flammable refrigerants. Special care should be taken to avoid contact with the skin which, like many refrigerants, can cause freeze burns on the skin. A class B dry powder type fire extinguisher should be kept nearby. E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50491 REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued lotter on DSK11XQN23PROD with RULES2 End-use VerDate Sep<11>2014 Substitute 20:04 Jun 12, 2024 Jkt 262001 Decision PO 00000 Use conditions Further information The following markings must be attached at the locations provided and must be permanent: (a) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ (b) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (c) On the inside of the equipment near the compressor: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting to Service This Product. All Safety Precautions Must be Followed.’’ (d) For any equipment pre-charged at the factory, on the equipment packaging or on the outside of the equipment: ‘‘WARNING—Risk of Fire due to Flammable Refrigerant Used. Follow Handling Instructions Carefully in Compliance with National Regulations’’ a. If the equipment is delivered packaged, this label shall be applied on the packaging. b. If the equipment is not delivered packaged, this label shall be applied on the outside of the equipment near the control panel or nameplate. (e) On the equipment near the nameplate: a. At the top of the marking: ‘‘Minimum Installation Height, X m (W ft)’’. This marking is only required if required by UL 60335–2–89. 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. b. Immediately below (a) above or at the top of the marking if (a) is not required: ‘‘Minimum room area (operating or storage), Y m2 (Z ft2)’’. The terms ‘‘Y’’ and ‘‘Z’’ shall be replaced by the numeric area as calculated per 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. (f) For non-fixed equipment, on the outside of the product: ‘‘WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.’’ (g) For fixed equipment that is ducted, near the nameplate: ‘‘WARNING—Risk of Fire—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.’’ (h) All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. Any recovery equipment used should be designed for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. Personnel commissioning, maintaining, repairing, decommissioning and disposing of appliances with this refrigerant should obtain training and follow practices consistent with Annex 101.DVT of UL 260355–2–89.1 2 3 CAA section 608(c)(2) prohibits knowingly venting or otherwise knowingly releasing or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration. Department of Transportation requirements for transport of flammable gases must be followed. Flammable refrigerants being recovered or otherwise disposed of from industrial process refrigeration appliances are likely to be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40 CFR parts 260 through 270). Frm 00083 Fmt 4701 Sfmt 4700 E:\FR\FM\13JNR2.SGM 13JNR2 50492 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute Decision Use conditions Further information Pantone® lotter on DSK11XQN23PROD with RULES2 The equipment must have red Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335–2– 89, the equipment may display the GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border), as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/ SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition,1 8 9 on the following three locations: • Outside of the equipment (label (a)); • on the appliance packaging for a factorycharged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm (9⁄16 in). In addition, next to the GHS warning symbol for hazard category 1 flammable gases must be text of the refrigerant safety class of the refrigerant according to ASHRAE 34–2022,1 4 6 7 in letters at least one-third the height of the diamond symbol. The substitute R–454A may only be used in chillers for industrial process refrigeration, in equipment with the refrigerant temperature entering the evaporator less than or equal to ¥30 °C, in equipment with a refrigerant charge capacity less than 200 pounds and with the refrigerant temperature entering the evaporator higher than ¥30 °C, and in the high-temperature side of a cascade system with the refrigerant temperature entering the evaporator higher than ¥30 °C. The substitutes HFC–32 and R–454B may only be used in chillers for industrial process refrigeration, or in equipment with the refrigerant temperature entering the evaporator less than or equal to ¥30 °C. VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 PO 00000 Frm 00084 Fmt 4701 Sfmt 4700 E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50493 REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use lotter on DSK11XQN23PROD with RULES2 7. Cold Storage Warehouses (New only). VerDate Sep<11>2014 Substitute HFO–1234yf, HFO–1234ze(E), R–454A, R– 454C, R–455A, R–457A, and R– 516A. 20:04 Jun 12, 2024 Decision Use conditions Acceptable subject These refrigerants may be used only in new to use conditions. equipment specifically designed and clearly identified for the refrigerant (i.e., none of these substitutes may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). These refrigerants may be used in cold storage warehouses if and only if such equipment meets requirements in ASHRAE 15–2022.1 4 5 In cases where this listing includes requirements different than those of ASHRAE 15– 2022, the appliance would need to meet the requirements of this listing 7 in place of the requirements in ASHRAE 15–2022. These refrigerants may only be used in refrigeration equipment that meets all requirements in UL 60335–2–89,1 2 3 except as provided otherwise in UL 60335–2–89, in ASHRAE 15– 2022, or in this listing 7. In cases where this listing includes requirements more stringent than those of UL 60335–2–89, the appliance must meet the requirements of this listing 7 in place of the requirements in UL 60335–2–89. Where similar requirements of ASHRAE 15– 2022 and UL 60335–2–89 differ, the more stringent or conservative condition shall apply unless superseded by this listing 7. The following markings must be attached at the locations provided and must be permanent: (a) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ (b) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (c) On the inside of the equipment near the compressor: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting to Service This Product. All Safety Precautions Must be Followed.’’ (d) For any equipment pre-charged at the factory, on the equipment packaging or on the outside of the equipment: ‘‘WARNING—Risk of Fire due to Flammable Refrigerant Used. Follow Handling Instructions Carefully in Compliance with National Regulations’’ a. If the equipment is delivered packaged, this label shall be applied on the packaging. b. If the equipment is not delivered packaged, this label shall be applied on the outside of the equipment near the control panel or nameplate. Jkt 262001 PO 00000 Frm 00085 Fmt 4701 Sfmt 4700 Further information Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing flammable refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated, and reentry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling flammable refrigerants. Special care should be taken to avoid contact with the skin which, like many refrigerants, can cause freeze burns on the skin. A class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. Any recovery equipment used should be designed for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. Personnel commissioning, maintaining, repairing, decommissioning and disposing of appliances with this refrigerant should obtain training and follow practices consistent with Annex 101.DVT of UL 260355–2–89.1 2 3 CAA section 608(c)(2) prohibits knowingly venting or otherwise knowingly releasing or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration. Department of Transportation requirements for transport of flammable gases must be followed. Flammable refrigerants being recovered or otherwise disposed of from cold storage warehouses are likely to be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40 CFR parts 260 through 270). E:\FR\FM\13JNR2.SGM 13JNR2 50494 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued lotter on DSK11XQN23PROD with RULES2 End-use Substitute Decision Use conditions Further information (e) On the equipment near the nameplate: a. At the top of the marking: ‘‘Minimum Installation Height, X m (W ft)’’. This marking is only required if required by UL 60335–2–89. 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. b. Immediately below (a) above or at the top of the marking if (a) is not required: ‘‘Minimum room area (operating or storage), Y m2 (Z ft2)’’. The terms ‘‘Y’’ and ‘‘Z’’ shall be replaced by the numeric area as calculated per 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. (f) For non-fixed equipment, on the outside of the product: ‘‘WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.’’ (g) For fixed equipment that is ducted, near the nameplate: ‘‘WARNING—Risk of Fire—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.’’ (h) All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. The equipment must have red Pantone® Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335–2– 89, the equipment may display the GHS warning symbol for hazard category 1 flammable gases (black flame on a white background in a diamond with equal length sides with a red border), as defined in Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables, of ST/ SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition,1 8 9 on the following three locations: • Outside of the equipment (label (a)); • on the appliance packaging for a factorycharged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 PO 00000 Frm 00086 Fmt 4701 Sfmt 4700 E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50495 REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute lotter on DSK11XQN23PROD with RULES2 8. Ice Skating Rinks (New only; Equipment with remote compressors). VerDate Sep<11>2014 HFO–1234yf, HFO–1234ze(E), R–454C, R– 455A, R–457A, and R–516A. 20:04 Jun 12, 2024 Decision Use conditions The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm (9⁄16 in). In addition, next to the GHS warning symbol for hazard category 1 flammable gases must be text of the refrigerant safety class of the refrigerant to ASHRAE 34– 2022,1 4 6 7 in letters at least one-third the height of the diamond symbol. The substitute R–454A 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. Acceptable subject These refrigerants may be used only in new to use conditions. equipment specifically designed and clearly identified for the refrigerant (i.e., none of these substitutes may be used as a conversion or ‘‘retrofit’’ refrigerant for existing equipment designed for other refrigerants). These refrigerants may be used in ice skating rinks with remote compressors if and only if such equipment meets requirements in ASHRAE 15–2022.1 4 5 In cases where this listing includes requirements different than those of ASHRAE 15–2022, the appliance would need to meet the requirements of this listing 8 in place of the requirements in ASHRAE 15–2022. These refrigerants may only be used in refrigeration equipment that meets all requirements in UL 60335–2–89,1 2 3 except as provided otherwise in UL 60335–2–89, in ASHRAE 15– 2022, or in this listing 8. In cases where this listing includes requirements more stringent than those of UL 60335–2–89, the appliance must meet the requirements of this listing 8 in place of the requirements in UL 60335–2–89. Where similar requirements of ASHRAE 15– 2022 and UL 60335–2–89 differ, the more stringent or conservative condition shall apply unless superseded by this listing 8. The following markings must be attached at the locations provided and must be permanent: (a) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.’’ (b) On the outside of the equipment: ‘‘WARNING—Risk of Fire. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (c) On the inside of the equipment near the compressor: ‘‘WARNING—Risk of Fire. Flammable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting to Service This Product. All Safety Precautions Must be Followed.’’ (d) For any equipment pre-charged at the factory, on the equipment packaging or on the outside of the equipment: ‘‘WARNING—Risk of Fire due to Flammable Refrigerant Used. Follow Handling Instructions Carefully in Compliance with National Regulations’’ a. If the equipment is delivered packaged, this label shall be applied on the packaging. b. If the equipment is not delivered packaged, this label shall be applied on the outside of the equipment near the control panel or nameplate. Jkt 262001 PO 00000 Frm 00087 Fmt 4701 Sfmt 4700 Further information Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing flammable refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated, and reentry should occur only after the space has been properly ventilated. Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling flammable refrigerants. Special care should be taken to avoid contact with the skin which, like many refrigerants, can cause freeze burns on the skin. A class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on air conditioning equipment with flammable refrigerants. Any recovery equipment used should be designed for flammable refrigerants. Only technicians specifically trained in handling flammable refrigerants should service refrigeration equipment containing this refrigerant. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Room occupants should evacuate the space immediately following the accidental release of this refrigerant. Personnel commissioning, maintaining, repairing, decommissioning and disposing of appliances with this refrigerant should obtain training and follow practices consistent with Annex 101.DVT of UL 260355–2–89.2 3 CAA section 608(c)(2) prohibits knowingly venting or otherwise knowingly releasing or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration. Department of Transportation requirements for transport of flammable gases must be followed. Flammable refrigerants being recovered or otherwise disposed of from ice skating rinks are likely to be hazardous waste under the Resource Conservation and Recovery Act (RCRA) (see 40 CFR parts 260 through 270). E:\FR\FM\13JNR2.SGM 13JNR2 50496 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued lotter on DSK11XQN23PROD with RULES2 End-use Substitute Decision Use conditions Further information (e) On the equipment near the nameplate: a. At the top of the marking: ‘‘Minimum Installation Height, X m (W ft)’’. This marking is only required if required by UL 60335–2–89. 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. b. Immediately below (a) above or at the top of the marking if (a) is not required: ‘‘Minimum room area (operating or storage), Y m2 (Z ft2)’’. The terms ‘‘Y’’ and ‘‘Z’’ shall be replaced by the numeric area as calculated per 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. (f) For non-fixed equipment, on the outside of the product: ‘‘WARNING—Risk of Fire or Explosion—Store in a well-ventilated room without continuously operating flames or other potential ignition.’’ (g) For fixed equipment that is ducted, near the nameplate: ‘‘WARNING—Risk of Fire—Auxiliary devices which may be ignition sources shall not be installed in the ductwork, other than auxiliary devices listed for use with the specific appliance. See instructions.’’ (h) All of these markings must be in letters no less than 6.4 mm (1⁄4 inch) high. The equipment must have red Pantone® Matching System #185 or RAL 3020 marked service ports, pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be applied at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch (25mm) in both directions from such locations and shall be replaced if removed. In addition to or instead of the markings described in Clause 7.6DV D1 of UL 60335–2– 89, the equipment may display the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) warning symbol for hazard category 1 flammable gases 1 7 8 (black flame on a white background in a diamond with equal length sides with a red border) on the following three locations: • outside of the equipment (label (a)); • on the appliance packaging for a factorycharged unit or adjacent to the control panel or nameplate of a unit charged in place (label (d)); and • in a location visible when accessing a service port and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes) (service label). VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 PO 00000 Frm 00088 Fmt 4701 Sfmt 4700 E:\FR\FM\13JNR2.SGM 13JNR2 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations 50497 REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued End-use Substitute Decision Use conditions Further information The perpendicular height of the diamond containing the GHS warning symbol for hazard category 1 flammable gases shall be at least 15 mm (9⁄16 in). In addition, next to the GHS warning symbol for hazard category 1 flammable gases must be text of the refrigerant safety class of the refrigerant according to ASHRAE 34–2022,1 4 6 7 in letters at least one-third the height of the diamond symbol. 1 The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR part 51). You may inspect a copy at the U.S. EPA or at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004, www.epa.gov/dockets; (202) 202–1744. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. 2 You may obtain the UL material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue; Bensenville, IL 60106; phone: 1–888–853–3503 in the U.S. or Canada (other countries +1–415–352–2168); email: orders@shopulstandards.com; website: https://ulstandards.ul.com or www.shopulstandards.com. 3 UL 60335–2–89, Standard for Safety for Household and Similar Electrical Appliances—Safety—Part 2–89: Particular Requirements for Commercial Refrigerating Appliances, 2nd edition, dated October 27, 2021. 4 You may obtain the ANSI/ASHRAE material from: American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 180 Technology Parkway NW, Peachtree Corners, Georgia 30092; phone: 1–800–527–4723 or 1–404–636–8400 in the U.S. or Canada; email: cservice@ashrae.org; website: https:// www.ashrae.org/technical-resources/bookstore/ashrae-refrigeration-resources. 5 ANSI/ASHRAE Standard 15–2022. Safety Standard for Refrigeration Systems, copyright 2022. 6 ANSI/ASHRAE Standard 34–2022. Designation and Safety Classification of Refrigerants, copyright 2022. 7 ANSI/ASHRAE Addendum a to ANSI/ASHRAE Standard 34–2022, Designation and Safety Classification of Refrigerants, ANSI-/ASHRAE-approved December 20, 2022. 8 You may obtain the UN material from the United Nations Publications section at: https://shop.un.org/books/global-harmon-syst-class-9-92280; by mail: United Nations Publications Customer Service, P.O. Box 960, Herndon, VA 20172; phone: 1–703–661–1571; email: order@un.org. 9 ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition, copyright 2021; Chapter 2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables. [FR Doc. 2024–11690 Filed 6–12–24; 8:45 am] lotter on DSK11XQN23PROD with RULES2 BILLING CODE 6560–50–P VerDate Sep<11>2014 20:04 Jun 12, 2024 Jkt 262001 PO 00000 Frm 00089 Fmt 4701 Sfmt 9990 E:\FR\FM\13JNR2.SGM 13JNR2

Agencies

[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Rules and Regulations]
[Pages 50410-50497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11690]



[[Page 50409]]

Vol. 89

Thursday,

No. 115

June 13, 2024

Part II





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; Final Rule

Federal Register / Vol. 89 , No. 115 / Thursday, June 13, 2024 / 
Rules and Regulations

[[Page 50410]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2023-0043; FRL-10125-02-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: Final rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the U.S. Environmental Protection Agency's 
Significant New Alternatives Policy program, this action lists 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 incorporating 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 exempts 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 in the course of maintaining, servicing, 
repairing or disposing of an appliance or industrial process 
refrigeration, as the Administrator is determining, on the basis of 
existing evidence, that such venting, release, or disposal of this 
substance in this end-use does not pose a threat to the environment.

DATES: This rule is effective July 15, 2024. The incorporation by 
reference of certain material listed in the rule is approved by the 
Director of the Federal Register as of July 15, 2024. The incorporation 
by reference of certain other material listed in the rule was approved 
by the Director of the Federal Register as of February 21, 2012 (76 FR 
78832), May 11, 2015 (79 FR 19454), and January 3, 2017 (81 FR 86778).

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2023-0043. All documents in the docket are listed on the 
https://www.regulations.gov website. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available 
electronically through https://www.regulations.gov or in hard copy at 
the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 
Constitution Avenue NW, Washington, DC 20460. The Docket Center's hours 
of operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal 
Holidays). For further information on EPA Docket Center services and 
the current status, please visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Perrin Krisko, Stratospheric 
Protection Division, Office of Atmospheric Protection (Mail Code 
6205A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460; telephone number: 202-564-2328; 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 finalizing in this action?
    A. Retail Food Refrigeration--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 Listing of R-454A as 
Acceptable, Subject to Use Conditions, for Use in New 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 finalizing these specific use conditions?
    5. What additional information is EPA including in these 
listings?
    6. How is EPA responding to comments on retail food 
refrigeration?
    B. Retail Food Refrigeration--Listing R-290 as Acceptable, 
Subject to Use Conditions, for Use in New Refrigerated Food 
Processing and Dispensing Equipment and Revision of the Use 
Conditions Provided 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 finalizing these specific use conditions for 
refrigerated food processing and dispensing equipment?
    5. How does the listing for R-290 in refrigerated food 
processing and dispensing equipment relate to regulations 
implementing the venting prohibition under CAA section 608?
    6. What existing use conditions 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 finalizing?
    8. How do the new use conditions for R-290 in stand-alone units 
differ from the existing ones and why is EPA changing the use 
conditions?
    9. What additional information is EPA including in these 
listings?
    10. How is EPA responding to comments on listing R-290 in 
refrigerated food processing and dispensing equipment and updating 
the use conditions for R-290 in stand-alone units?
    C. Commercial Ice Machines--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 finalizing these specific use conditions?
    5. What additional information is EPA including in these 
listings?
    6. How is EPA responding to comments on commercial ice machines?
    D. Commercial Ice Machines--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 existing use conditions apply to this refrigerant in 
this end-use?
    5. What updates to existing use conditions for commercial ice 
machines is EPA finalizing?
    6. How do the new use conditions for commercial ice machines 
differ from the existing ones and why is EPA changing the use 
conditions?
    7. What additional information is EPA including in this listing?

[[Page 50411]]

    8. How is EPA responding to comments on listing R-290 and 
updating the use conditions for R-290 in self-contained commercial 
ice machines?
    E. Industrial Process Refrigeration--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 Industrial 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 finalizing these specific use conditions?
    5. What additional information is EPA including in these 
listings?
    6. How is EPA responding to comments on industrial process 
refrigeration?
    F. Cold Storage Warehouses--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 finalizing these specific use conditions?
    5. What additional information is EPA including in these 
listings?
    6. How is EPA responding to comments on cold storage warehouses?
    G. Ice Skating Rinks--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 finalizing these specific use conditions?
    5. What additional information is EPA including in these 
listings?
    6. How is EPA responding to comments on ice skating rinks?
    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 finalizing and why?
    2. What additional information is EPA including in these 
listings?
    3. How is EPA responding to comments on use conditions?
    I. Exemption for R-290 From the Venting Prohibition Under CAA 
Section 608 for Refrigerated Food Processing and Dispensing 
Equipment
    1. What is EPA's final 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 final determination regarding whether venting 
of R-290 from refrigerated food processing and dispensing equipment 
is exempted from the venting prohibition under CAA section 
608(c)(2)?
    3. When will the exemption from the venting prohibition apply?
    4. What is the relationship between this exemption under CAA 
section 608(c)(2) and other EPA rules?
    5. How is EPA responding to comments on the exemption for R-290 
from the venting prohibition?
    J. How is EPA responding to other comments?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 14094: Modernizing 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 
Incorporation by Reference
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations and Executive Order 14096: Revitalizing Our Nation's 
Commitment to Environmental Justice for All
    K. Congressional Review Act
IV. References

I. General information

A. Executive Summary and Background

    EPA is finalizing 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 
finalizing action on new and revised listings in the refrigeration and 
air conditioning (AC) sector based on the information that EPA has 
included in the docket. This final action provides new refrigerant 
options, thereby increasing flexibility for industry, in specific uses.
    This action lists new alternatives for the refrigeration and AC 
sector. Specifically, EPA is:
     Listing 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);
     Listing R-454A as acceptable, subject to use conditions, 
for use in new remote condensing units and supermarket systems;
     Listing R-290 (propane) as acceptable, subject to use 
conditions, for use in new refrigerated food processing and dispensing 
equipment and revising the existing use conditions for R-290 in new 
stand-alone units.
     Listing HFO-1234yf, R-454C, R-455A, R-457A, and R-516A as 
acceptable, subject to use conditions, for use in new commercial ice 
machines;
     Listing hydrofluorocarbon (HFC)-32, R-454A, and R-454B as 
acceptable, subject to use conditions, for use in new commercial ice 
machines with a remote compressor, for batch-type self-contained 
automatic commercial ice machines with a harvest rate above 1,000 lb 
ice per 24 hours, and for continuous type self-contained automatic 
commercial ice machines with a harvest rate above 1,200 lb ice per 24 
hours;
     Revising the existing use conditions for R-290 for use in 
new self-contained commercial ice machines;
     Listing 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 for industrial process refrigeration (IPR), including 
chillers and direct expansion IPR equipment;
     Listing HFC-32, R-454A, and R-454B as acceptable, subject 
to use conditions, for use in new equipment for IPR, including chillers 
and direct expansion IPR equipment where the temperature of the 
refrigerant entering the evaporator is less than or equal to -30 [deg]C 
(-22 [deg]F);
     Listing 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
     Listing 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.
    In general, the final use conditions are consistent across the 
various substitutes and end-uses contained in this final

[[Page 50412]]

rule. Because of this similarity, EPA discusses the final use 
conditions that apply to retail food refrigeration, commercial ice 
machines, industrial process refrigeration, cold storage warehouses, 
and ice skating rinks in section II.H of this preamble. In summary, the 
common use conditions are:
    (1) These refrigerants may be used only in new equipment, designed 
specifically and clearly identified for use with the refrigerant. None 
of these listings provide for use of the substitutes in a conversion or 
``retrofit'' refrigerant for existing equipment.
    (2) These refrigerants may be used in equipment that a) is 
consistent with the 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,'' which refers to the 2nd edition of UL 60335-2-89 unless 
otherwise stated), and b) is installed consistent with the requirements 
of ASHRAE 15-2022, ``Safety Standard for Refrigerating Systems.'' For 
equipment outside the scope of UL 60335-2-89, as described later in 
this document, or that is located in industrial occupancies as defined 
in ASHRAE 15-2022, refrigerants listed herein must be used in equipment 
that is installed in a manner consistent with ASHRAE 15-2022. For R-
290, which already has listings that incorporate by reference earlier 
UL standards, EPA is providing a transition period when equipment may 
meet either the earlier UL standard or UL 60335-2-89. Stand-alone units 
or self-contained commercial ice machines using R-290 that are 
unchanged, except for cosmetic changes, from the model or design that 
was previously certified to the UL 471 (10th edition) or UL 563 
standard (8th edition) may continue to be manufactured consistent with 
those standards.
---------------------------------------------------------------------------

    \1\ UL, formerly known as Underwriters Laboratories.
---------------------------------------------------------------------------

    (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.\2\
---------------------------------------------------------------------------

    \2\ Or for equipment using R-290 following the requirements of 
UL 471 or UL 563, they must use the warning labels required in those 
listings, which match those required by those standards.
---------------------------------------------------------------------------

    (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) Equipment must be marked with one or more flammability warning 
symbols--either that in Clause 7.6DV D1 of UL 60335-2-89, 2nd edition; 
that in Annex 1 to Globally Harmonized System of Classification and 
Labelling of Chemicals (GHS), 9th edition, for hazard category 1 
flammable gases; or marked with both symbols.
    Additional use conditions specific to particular end-uses may also 
apply and are discussed with each final listing. The regulatory text of 
the final listings, including the final use conditions and further 
information, appears in tables at the end of this document. The final 
listings will appear in appendix Y to 40 Code of Federal Regulations 
(CFR) part 82, subpart G. The final revised listings for R-290 in new 
retail food refrigeration equipment (stand-alone units only) and in new 
self-contained commercial ice machines will 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 U.S. 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 issued a final Technology 
Transitions Rule under subsection (i) of the American Innovation and 
Manufacturing Act of 2020 (hereafter referred to as ``the AIM Act'') 
(88 FR 73098; October 24, 2023;). Under that rule, EPA restricts the 
use of many HFC refrigerants in a variety of subsectors within the 
Refrigeration, Air Conditioning, and Heat Pumps sector, including in 
technologies covered by this final SNAP rule.\3\ Throughout this 
document, EPA notes relevant restrictions on refrigerants under the 
final Technology Transitions Rule. In finalizing the listing decisions 
in this rulemaking, EPA is cognizant of the restrictions established 
under the Technology Transitions Rule. This is because the listings in 
this SNAP rule are generally intended to expand the universe of 
available options in certain end-uses. EPA recognizes that there could 
be situations where there would be little practical value in listing 
alternatives acceptable under SNAP that cannot legally be used in a 
particular end-use due to restrictions under Technology Transitions 
Rule, and this consideration could be particularly pronounced with 
respect to those alternatives that would be subject to restrictions 
under the Technology Transitions Rule in the near future (e.g., as of 
January 1, 2025). However, the SNAP and Technology Transitions programs 
are established under different legal authorities and use separate 
frameworks for making decisions. Substitutes that are listed as 
acceptable, acceptable subject to use conditions, acceptable subject to 
narrowed use limits, or unacceptable under the SNAP program are 
evaluated through a comparative risk framework that considers the 
overall risk posed to human health and the environment for specific 
end-uses. In evaluating the substitutes listed in this rule, EPA has 
considered whether they 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, consistent with its 
approach under SNAP.
---------------------------------------------------------------------------

    \3\ End-uses under SNAP are included in the similar concept of 
subsectors defined in the Technology Transitions Rule (88 FR 73098, 
October 24, 2023).
---------------------------------------------------------------------------

    In addition, EPA is exempting R-290 used in the refrigerated food 
processing and dispensing end-use from the prohibition under CAA 
section 608(c)(2) on knowingly venting, releasing, or disposing of 
substitute refrigerants in the course of maintaining, servicing, 
repairing or disposing of an appliance or industrial process 
refrigeration, as the Administrator is determining, on the basis of 
current evidence described later in this preamble, that such venting, 
release, or disposal of this substance in this end-use does not pose a 
threat to the environment. This exemption is being finalized in the 
regulations under CAA section 608 at 40 CFR 82.154(a)(1), which 
addresses the statutory prohibition and exemptions from it.
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))

[[Page 50413]]

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 published or 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 under the SNAP 
program. However, statutory and regulatory requirements so listed are 
binding under other authorities (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 rule published 
March 18, 1994 (59 FR 13044), codified at 40 CFR part 82, subpart G. 
SNAP decisions and the appropriate Federal Register citations can be 
found at https://www.epa.gov/snap/snap-regulations. Substitutes listed 
as unacceptable; acceptable, subject to narrowed use limits; or 
acceptable, subject to use conditions, are also listed in the 
appendices to 40 CFR part 82, subpart G.
Background on Requirements Concerning Venting, Release, or Disposal of 
ODS and Substitute Refrigerants 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.\4\ 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.
---------------------------------------------------------------------------

    \4\ 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).
---------------------------------------------------------------------------

    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 used as refrigerants and 
their substitutes, which we also refer to as the ``venting 
prohibition'' in this final

[[Page 50414]]

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 has established regulations clarifying how the venting 
prohibition in section 608(c) applies to ODS and substitute (e.g., HFCs 
and perfluorocarbons (PFCs)) refrigerants. 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 an 
appliance or industrial process refrigeration may knowingly vent or 
otherwise release into the environment any refrigerant (including 
substitute refrigerants) from such appliances or industrial process 
refrigeration, 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 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).\5\ Those regulatory 
exemptions do not apply to blends of hydrocarbons (HCs) with other 
refrigerants or containing any amount of any CFC, HCFC, HFC, or PFC. 
The exemptions for R-290 by end-use are codified at 40 CFR 
82.154(a)(1)(viii).
---------------------------------------------------------------------------

    \5\ 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 final rule is not EPA's response to the court's 
decision.
---------------------------------------------------------------------------

    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., 81 FR 86778, December 1, 2016. 
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)
    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 these 
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?

    The following acronyms and abbreviations are used in the preamble 
of this document:

AC--Air Conditioning
AEL--Acceptable Exposure Limit
AIHA--American Industrial Hygiene Association
AIM Act--American Innovation and Manufacturing Act of 2020
ANSI--American National Standards Institute
ASHRAE--American Society of Heating, Refrigerating and Air-
Conditioning Engineers
ASTM--American Society for Testing and Materials
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 Expansion
EEAP--Environmental Effects Assessment Panel
EPA--United States Environmental Protection Agency
FR--Federal Register
GHS--Globally Harmonized System of Classification and Labeling 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
IIAR--International Institute of Ammonia Refrigeration
IPCC--Intergovernmental Panel on Climate Change
IPR--Industrial Process Refrigeration
ISO--International Organization for Standardization
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
NFPA--National Fire Protection Association
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
RAL--``Reichs-Ausschu[szlig] f[uuml]r Lieferbedingungen und 
G[uuml]tesicherung'' Germany's National Commission for Delivery 
Terms and Quality Assurance
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

[[Page 50415]]

II. What is the Environmental Protection Agency (EPA) finalizing in 
this action?

    This section of the preamble describes EPA's final listings for 
certain refrigerants in specific end-uses, including final use 
restrictions. In addition, this section provides responses to comments 
EPA received on the proposed listings during the public comment period 
for the proposed rule (May 24, 2023). The regulatory text for new 
listings is codified in appendix Y of 40 CFR part 82, subpart G. The 
regulatory text for two revised listings is codified in appendices R 
and V of 40 CFR part 82, subpart G. The final regulatory text contains 
listing decisions for the end-uses discussed throughout this section.

A. Retail Food Refrigeration--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 Listing of R-454A as Acceptable, Subject to Use 
Conditions, for Use in New Remote Condensing Units and Supermarket 
Systems

    This final rule lists 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 
listing 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). After consideration and evaluation of 
comments, EPA is finalizing the listings for HFO-1234yf, HFO-1234ze(E), 
R-454C, R-455A, R-457A, and R-516A in all end-use categories under 
retail food refrigeration and R-454A in two end-use categories under 
retail food refrigeration as proposed.
    EPA is finalizing several use conditions for these end-use 
categories that are in common with those finalized for other end-uses 
(retail food refrigeration, commercial ice machines, IPR, cold storage 
warehouses, and ice skating rinks with a remote compressor) discussed 
elsewhere in this final rule. Because of this similarity, EPA discusses 
the use conditions that apply to all five end-uses in detail in section 
II.H of this preamble. Briefly summarized, the common use conditions 
that EPA is finalizing are: restricting the use of each refrigerant to 
new equipment that is specifically designed and clearly marked for that 
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89 
(with certain exceptions),\6\ including testing, charge sizes, 
ventilation, usage space requirements, and certain hazard warnings and 
markings.
---------------------------------------------------------------------------

    \6\ Exceptions include equipment that is outside the scope of UL 
60335-2-89, such as commercial refrigeration products with rated 
voltage of 15,000 V or greater, appliances using flammable 
refrigerant in transcritical refrigeration systems, vending 
machines, and pofessional ice-cream appliances. In addition, for 
equipment installed in situations where that standard refers to 
`national standards,' refrigerants may be used in equipment 
installed consistent with the requirements of ASHRAE 15-2022 without 
meeting the requirements of UL 60335-2-89.
---------------------------------------------------------------------------

    For use of these substitutes in retail food refrigeration 
equipment, EPA is also finalizing the use condition that these 
refrigerants may only be used in commercial refrigeration equipment 
that meets the requirements listed in 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''). In cases where 
the final rule includes requirements that are different than those of 
ASHRAE 15-2022, EPA is finalizing that the appliance needs to meet the 
requirements of this rule in addition to the requirements in ASHRAE 15-
2022. This additional use condition is discussed further in section 
II.A.4 of this preamble.
    For R-454A in supermarkets and remote condensing units, EPA is 
finalizing an additional use condition that this substitute may only be 
used 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 evaluations of the overall risk to human health and 
the environment compared to other refrigerants that are available or 
potentially available for the same end-use and for purposes of listing 
substitute refrigerants.
    Stand-alone units are refrigerators, freezers, and reach-in coolers 
(either open or with doors) where all refrigeration components are 
integrated and, for the smallest types, the refrigerant circuit is 
entirely brazed, welded, or uses threaded fittings. 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.
    As the name suggests, refrigerated food processing and dispensing 
equipment dispenses, typically through a nozzle, and often processes a 
variety of food and beverage products. For instance, 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 includes but 
is 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 typically have refrigerating capacities 
ranging 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

[[Page 50416]]

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 majority of 
supermarkets in the United States use centralized direct expansion (DX) 
systems to cool their display cases.\7\ 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.
---------------------------------------------------------------------------

    \7\ www.epa.gov/greenchill/advanced-refrigeration.
---------------------------------------------------------------------------

    Indirect supermarket system designs include secondary loop systems 
and cascade refrigeration. Indirect systems use a chiller \8\ 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, brine, propylene glycol, air, 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.
---------------------------------------------------------------------------

    \8\ Chillers used in supermarket systems are considered within 
the supermarket end-use under SNAP and the supermarket subsector 
under the Technology Transitions Program.
---------------------------------------------------------------------------

    Refrigerant choice may depend on the refrigerant charge size of the 
equipment, desired temperature, system performance, energy efficiency, 
and health, safety and environmental considerations, and cost among 
other things. In addition to regulations pursuant to the SNAP program 
and the AIM Act, 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.
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).\9\ 
The flammability classification ``1'' is given to refrigerants that, 
when tested, show no flame propagation. The flammability classification 
``2'' is given to refrigerants that, when tested, exhibit flame 
propagation, have a heat of combustion less than 19,000 kJ/kg (8,169 
Btu/lb), and have a lower flammability limit (LFL) greater than 0.10 
kg/m\3\. The flammability classification ``2L'' is given to 
refrigerants that, when tested, exhibit flame propagation, have a heat 
of combustion less than 19,000 kJ/kg (8,169 Btu/lb), have an LFL 
greater than 0.10 kg/m\3\, and have a maximum burning velocity of 10 
cm/s or lower when tested in dry air at 73.4 [deg]F (23.0 [deg]C) and 
14.7 psi (101.3 kPa). The flammability classification ``3'' is given to 
refrigerants that, when tested, exhibit flame propagation and that 
either have a heat of combustion of 19,000 kJ/kg (8,169 Btu/lb) or 
greater or have an LFL of 0.10 kg/m\3\ or lower.
---------------------------------------------------------------------------

    \9\ ASHRAE, 2022b. ANSI/ASHRAE Standard 34-2022: Designation and 
Safety Classification of Refrigerants.
---------------------------------------------------------------------------

    For flammability classifications, refrigerant blends are designated 
based on the worst case of formulation for flammability and the worst 
case of fractionation for flammability determined for the blend.

[[Page 50417]]

[GRAPHIC] [TIFF OMITTED] TR13JN24.000

    Using these safety group classifications, ASHRAE 34-2022 
categorizes HFO-1234yf, HFO-1234ze(E), HFC-32 and the refrigerant 
blends R-454A, R-454C, R-455A, R-457A, and R-516A, which are discussed 
in this section of this 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 single 
component 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.\10\ 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.
---------------------------------------------------------------------------

    \10\ 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 (86 FR 24444, May 
6, 2021).
---------------------------------------------------------------------------

    HFO-1234yf, also known by the trade names ``Solstice[supreg] yf'' 
and ``OpteonTM YF,'' is also known as 2,3,3,3-
tetrafluoroprop-1-ene (CAS Reg. No. 754-12-1). 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 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 
refrigerants. These risk screens are available in the docket for this 
rule.11 12 13 14 15 16 17
---------------------------------------------------------------------------

    \11\ ICF, 2024a. Risk Screen on Substitutes in Retail Food 
Refrigeration (New Equipment); Substitute: HFO-1234yf.
    \12\ ICF, 2024b. Risk Screen on Substitutes in Retail Food 
Refrigeration (New Equipment); Substitute: HFO-1234ze(E) 
(Solstice[supreg] ze, Solstice[supreg] 1234ze)
    \13\ ICF, 2024c. Risk Screen on Substitutes in Retail Food 
Refrigeration (New Equipment); Substitute: R-454A (Opteon[supreg] 
XL40).
    \14\ ICF, 2024d. Risk Screen on Substitutes in Retail Food 
Refrigeration (New Equipment); Substitute: R-454C 
(OpteonTM XL20).
    \15\ ICF, 2024e. Risk Screen on Substitutes in Retail Food 
Refrigeration (New Equipment); Substitute: R-455A (Solstice[supreg] 
L40X).
    \16\ ICF, 2024f. Risk Screen on Substitutes in Retail Food 
Refrigeration (New Equipment); Substitute: R-457A (Forane[supreg] 
457A).
    \17\ ICF, 2024g. Risk Screen on Substitutes in Retail Food 
Refrigeration (New Equipment); Substitute: R-516A (Forane[supreg] 
516A).
---------------------------------------------------------------------------

    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.
    HFO-1234yf and HFO-1234ze(E) both have a GWP of 
one.18 19 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 one, respectively.\20\ If 
these values are weighted by mass percentage, then R-454A, R-454C, R-
455A, R-457A, and R-516A have GWPs of about 237, 146, 146, 137, and 
140, respectively.
---------------------------------------------------------------------------

    \18\ World Meteorological Organization (WMO) (2022). Burkholder 
et al. Appendix A, Table A-5 in Scientific Assessment of Ozone 
Depletion: 2022, GAW Report No. 278, 509 pp.; WMO, Geneva, 
Switzerland, https://ozone.unep.org/science/assessment/sap. (WMO, 
2022).
    \19\ 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.
    \20\ 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.
---------------------------------------------------------------------------

    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

[[Page 50418]]

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.'' \21\
---------------------------------------------------------------------------

    \21\ Definitions under title 40 chapter I subchapter C part 51 
subpart F CFR 51.100 can be found at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-51/subpart-F/section-51.100.
---------------------------------------------------------------------------

    None of the exemptions to the venting prohibition under CAA 
608(c)(2) listed in 82.154(a)(1) 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. EPA evaluated flammability 
risk by evaluating reasonable worst-case and more typical, yet 
conservative, scenarios to model the effects of releases of these 
substitutes in the listed end-uses. These refrigerants are not expected 
to present a flammability concern provided the use conditions are 
followed. The use conditions provide additional safety measures and 
labeling requirements (e.g., visible warning statement and red coloring 
on the pipes, hoses, and devices which contain refrigerant) that make 
equipment owners, consumers, fire marshals, and emergency first 
responders aware of the presence of a flammability hazard.
    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 
refrigerants include drowsiness or dizziness. The refrigerants may also 
irritate the skin or eyes or cause frostbite. At sufficiently high 
concentrations, the refrigerants may cause irregular heartbeat. The 
refrigerants 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 and 500 ppm as an 8-hr TWA for HFO-1234yf. The 
manufacturer of HFO-1234ze(E) recommends 800 ppm as an 8-hr TWA for 
that chemical, as does ASHRAE 34-2022. 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.\22\ 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 
final use conditions (including adherence to UL 60335-2-89 and ASHRAE 
15-2022), and other safety precautions common to the refrigeration and 
AC industry.
---------------------------------------------------------------------------

    \22\ The 8-hr TWA AEL recommendations of these refrigerant 
blends are based upon a mass-weighting of the PEL and WEELs of their 
components. ASHRAE 34-2022 also recommends these occupational 
exposure limits.
---------------------------------------------------------------------------

    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-
454C, R-455A, R-457A, and R-516A have GWPs ranging from 140 to 150, 
higher than that of CO2, an acceptable substitute in this 
end-use category, with a GWP of one, while HFO-1234yf and HFO-1234ze(E) 
have comparable GWPs to CO2 of one. The GWPs of HFO-1234yf, 
HFO-1234ze(E), R-454C, R-455A, R-457A, and R-516A are lower than those 
of other acceptable 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 237, 
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 one. 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 601, 630, 1,430, 2,110, and 3,922, 
respectively.
    For new stand-alone units R-454C, R-455A, R-457A, and R-516A have 
GWPs ranging from 140 to 150, 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 CO2, R-290, and R-
441A of one. 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. As of January 1, 2025, certain HFCs 
and HFC blends will be subject to restrictions in new stand-alone units 
under the Technology Transitions Rule. In light of that upcoming 
restriction, EPA is listing HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, 
R-455A, R-457A, and R-516A to provide additional lower-GWP, 
refrigerants in this end-use. This upcoming restriction, and the 
corresponding value of providing additional lower-GWP refrigerants in 
this end-use, are additional considerations that informed EPA's 
decision on this listing.
    Information regarding the toxicity of other available alternatives 
is provided in the listing decisions previously made (see https://www.epa.gov/snap/retail-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 previously. 
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 refrigerants 
can be minimized by use consistent with UL 60335-2-89 and ASHRAE 15-
2022--as required by the use conditions for these listings. EPA also 
anticipates that service technicians working with these systems will 
adhere to recommendations in the manufacturers' SDS for these 
refrigerants 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 LFLs, are evaluated in the 
risk screens referenced previously. Based on those risk screens, EPA's 
view is that 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 UL 60335-2-89, ASHRAE 15-

[[Page 50419]]

2022, as well as recommendations in the manufacturers' SDS and other 
safety precautions common in the refrigeration and AC industry. EPA is 
finalizing use conditions to reduce the potential risk associated with 
the flammability of these alternatives so that they will not pose 
greater overall risk to human health and the environment than other 
acceptable substitutes in this end-use category.
    In addition, the refrigerants listed through this action have lower 
GWPs than most other refrigerants currently in use today, though EPA 
notes that this is expected to shift in the future as entities begin 
complying with the restrictions under the 2023 Technology Transitions 
Rule for new equipment. These refrigerants provide additional lower-GWP 
options for situations where other refrigerants with lower GWPs may not 
be suitable. 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. In this context, listing additional refrigerants as 
acceptable under SNAP provides additional options and increases the 
availability of substitutes for the full range of retail food 
refrigeration equipment with lower-GWP refrigerants, which is 
anticipated to lead to lower overall risk to human health and the 
environment. Accordingly, based on EPA's evaluation of the information 
discussed above and consideration of overall risk to human health and 
the environment, EPA is listing 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 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 listing 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 finalizing these specific use conditions?
    This final rule 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. 
ASHRAE 15-2022 also applies to these refrigeration systems.
    UL 60335-2-89, as discussed in section II.H of this preamble, 
indicates that refrigerant charges greater than a specific amount 
(called ``m3'' in the standard and based on the 
refrigerant's LFL) should be determined using national standards that 
apply, such as ASHRAE 15-2022. Hence, EPA is requiring adherence to 
both standards, when applicable, as use conditions for remote 
condensing units and supermarket systems.
    EPA is incorporating by reference ASHRAE 15-2022 and UL 60335-2-89 
in use conditions that apply to use of the A2L refrigerants listed 
through this action in new remote condensing units and supermarket 
systems. Where the requirements specified in this final rule and ASHRAE 
15-2022 differ, the requirements of this final rule 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; for additional detail, please consult 
the standard. ASHRAE 15-2022 specifies requirements for refrigeration 
systems, based on the safety group classification of the refrigerant, 
the type of occupancy where the system is located, and whether 
refrigerant-containing parts of the system enter the space or ductwork 
such that leakage in the space is deemed ``probable.'' ``High-
probability'' installations are those such that leaks or failures will 
result in refrigerant entering occupied space. 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 listed in this action 
when used in ``high-probability'' systems that are not for human 
comfort, including requirements for nameplates, labels, refrigerant 
detectors (under certain conditions), airflow initiation or other 
actions (if a rise in refrigerant concentration is detected), and other 
restrictions.
    ASHRAE 15-2022 is undergoing continuous maintenance with 
publication of periodic addenda and is typically updated and 
republished every three years. Although there were additional changes 
to ASHRAE 15-2022 between issuance of the proposed rule and now, EPA 
was not able to review and seek comment on use conditions based on 
those more recent changes after publication of the proposal. EPA is 
therefore not including addenda or other changes made to ASHRAE 15-2022 
after the date of the proposed rule.
    EPA is finalizing an additional use condition for R-454A in 
supermarkets and remote condensing units. This refrigerant 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 finalizing this use condition to allow use of R-454A less 
broadly than for the other refrigerants being listed for use in remote 
condensing units and supermarket systems because its GWP is higher than 
those of the other listings for these end-use categories (about 237, 
compared to one to 150). EPA's understanding is that there are two 
particular situations where use of refrigerants is likely to be more 
constrained to minimize risks to human health and the environment, and 
thus, additional refrigerant options may be helpful.
    The first of those situations is where ASHRAE 15-2022 identifies a 
refrigerating system as having a ``high probability'' that leaked 
refrigerant from a failed connection, seal, or component could enter an 
occupied area. ASHRAE 15-2022 and UL 60335-2-89 effectively set charge 
limits for A2L refrigerants to less than 260 times the LFL 
(approximately 200 pounds for A2L refrigerants and ranging from roughly 
120 to 250 pounds for the particular refrigerants listed in this rule) 
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 
in industrial occupancies, 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, there would be fewer 
space constraints and greater flexibility in equipment design, so 
refrigeration system designers can accommodate a narrower set of 
refrigerants. Conversely, where the general public is more likely to 
come into contact with any leaked refrigerant in an interior space, 
which are not industrial occupancies, refrigerant charge capacities of 
a system would be

[[Page 50420]]

less than 200 pounds. In addition, in such public spaces there would be 
more space constraints, less flexibility in equipment design, and 
potentially stricter code requirements. EPA recognizes that these may 
be situations where R-454A can be used where those other refrigerants 
cannot, especially where space is constrained. Therefore, R-454A fills 
a gap in the stated end-uses where lower-GWP refrigerant alternatives 
posing less of a risk to human health and the environment are not as 
available, and R-454A's GWP of approximately 240 and similar toxicity 
and flammability profiles would pose lower overall risk to human health 
and the environment. Listing R-454A for supermarket systems and remote 
condensing units with smaller refrigerant charges provides an 
additional refrigerant to manage safety (in particular, flammability 
and toxicity) while achieving adequate performance where there may be 
more constraints. As some public commenters stated, R-454A has a higher 
volumetric capacity than the other A2L refrigerants with lower GWPs 
being listed in this rule, which means less refrigerant is needed and 
smaller refrigeration equipment can achieve the same cooling effect. 
Therefore, EPA is listing R-454A as acceptable, subject to use 
conditions, only for supermarket systems and remote condensing units 
with a use condition that refrigerant charge capacity shall be less 
than 200 pounds in order to mitigate risk to human health and the 
environment that could be associated with higher GWPs.
    The second situation where use of refrigerants is likely to be more 
constrained is for use in the high-temperature side of cascade systems 
used for supermarket systems and remote condensing units. As discussed 
in section II.A.1 of this preamble, ``Background on retail food 
refrigeration,'' each side \23\ 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, refrigerants with low boiling 
points such as R-744 can be used. Considerations for the choice of 
refrigerants on either 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. Using flammable or toxic refrigerants, such 
as ammonia, on the high-temperature side of a cascade system may be 
limited in certain circumstances (e.g., based on building codes and/or 
industry safety standards). There are multiple substitutes available 
for the low-temperature side of a cascade system with GWPs lower than 
that of R-454A, but there are fewer options for the high-temperature 
side. Therefore, EPA is listing R-454A as acceptable, subject to use 
conditions, when it is used in the high-temperature side of cascade 
systems. This action expands 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, and allowing for a refrigerant that would pose lower 
overall risks to human health and the environment than refrigerants 
that would otherwise be used.
---------------------------------------------------------------------------

    \23\ Each side of the cascade system is a complete refrigeration 
system with a compressor, condenser, and evaporator.
---------------------------------------------------------------------------

5. What additional information is EPA including in these listings?
    EPA is providing additional information related to these listings. 
Since this additional information is not part of the regulatory 
decision under SNAP, these statements are not binding for use of the 
refrigerant under the SNAP program. However, EPA encourages users of 
substitutes to apply all statements in the ``Further Information'' 
column in their use of these refrigerants. The additional information 
applies to multiple end-uses covered in this final rule. See section 
II.H.2 of this preamble for discussion on what additional information 
EPA is including in these listings.
6. How is EPA responding to comments on retail food refrigeration?
    Comment: For the retail food refrigeration end-use, two commenters 
mentioned the proposed limitation on the use of R-454A and requested 
greater flexibility for that refrigerant and end-use. Both commenters 
indicated that R-454A is a higher capacity and more efficient 
refrigerant compared to alternatives with GWPs less than 150. The 
commenters stated that R-454A would provide greater flexibility to meet 
DOE efficiency requirements and claimed thermodynamic similarities to 
other refrigerants (R-404A, R-448A, and R-449A). One commenter 
requested that EPA not restrict R-454A in the high side of a cascade 
system and that R-454A be approved for use in stand-alone units. 
Another commenter requested that EPA list R-454A as acceptable in all 
retail food refrigeration end-uses (stand-alone units, remote 
condensing units, supermarket systems, and refrigerated food processing 
and dispensing equipment). This commenter stated that EPA has 
sufficient information in the docket to allow EPA to add R-454A as 
acceptable in stand-alone units and refrigerated food processing and 
dispensing equipment, pointing to R-454A's zero ozone depletion 
potential and A2L classification.
    Response: EPA acknowledges the commenters' request for greater 
flexibility to use R-454A. As discussed in section II.A.4 of this 
preamble, under the listings finalized in this rule, R-454A is 
acceptable, subject to use conditions, in the high side of a 
supermarket cascade system. Concerning the suggestion that R-454A would 
provide greater flexibility to meet DOE's energy conservation 
standards, EPA notes that EPA's SNAP program and DOE's program for 
energy conservation standards operate under separate authorities. If 
EPA had information showing that commercial refrigeration equipment 
manufactured using other refrigerants with lower GWPs were unable to be 
used in this application, EPA might consider broader use of R-454A in 
the future given there may not be other available or potentially 
available low-GWP substitutes for this application; however, absent 
such information, EPA is retaining the use conditions for R-454A in 
supermarket systems and remote condensing units in this final rule as 
proposed.
    In response to comments supporting approval of R-454A in additional 
retail food end-use categories beyond supermarket systems and remote 
condensing units, such as stand-alone units and refrigerated food 
processing and dispensing equipment, EPA is not taking that action in 
this final rule because EPA did not propose to list R-454A and has not 
completed our consideration or analysis needed to reach a final 
decision whether to list this refrigerant in these other retail food 
end-uses. In response to the commenters' points about energy efficiency 
and capacity, these factors are not ones that are considered in 40 CFR 
82.180(a)(7). Moreover, EPA notes that under the final Technology 
Transitions Rule (88 FR 73098; October 24, 2023), refrigerants 
containing HFCs used in retail food refrigeration--stand-alone units 
are limited to those with a GWP less than 150 beginning January 1, 
2025; thus, even if EPA were to list R-454A

[[Page 50421]]

as acceptable under the SNAP program, it still could not be used in 
stand-alone units after that date. EPA is finalizing the listings for 
R-454A as proposed, including listings for retail food refrigeration--
supermarket systems and retail food refrigeration--remote condensing 
units, as acceptable, subject to use conditions.
    Comment: Two commenters suggested that allowing R-454A would smooth 
the transition to low-GWP refrigerants in stand-alone units, enabling 
the industry to meet timing goals of the Technology Transitions Rule. A 
different commenter urged EPA to list R-454A for use in self-contained 
equipment. The third commenter stated that the quantity used in self-
contained equipment is less than that used in remote equipment, thereby 
reducing the risk of any negative outcomes. This same commenter claimed 
that small companies do not have sufficient design resources to meet 
deadlines for both self-contained and remote equipment for different 
refrigerants. The commenter stated that allowing the use of R-454A in 
both self-contained and remote equipment would greatly reduce the time 
needed to transition to lower-GWP refrigerants.
    Response: In response to the first two commenters' suggestion that 
listing R-454A as acceptable for stand-alone units would enable 
industry to meet the timing goals of the Technology Transitions Rule, 
we do not agree that R-454A is needed for timely compliance with that 
restriction. There are already substitutes that meet the 150 GWP limit 
available on the market for stand-alone retail food refrigeration. For 
example, R-290 has been listed as acceptable and has been used in 
stand-alone units for more than a decade. The Agency is aware of a 
number of substitutes, including R-290, which will be more broadly 
allowed, with larger charge sizes, through this rulemaking. Therefore, 
the Agency disagrees with the first two commenters that expanding the 
use of R-454A in this end-use is needed to meet requirements of the 
Technology Transitions Rule because there are already substitutes 
available in use for this purpose. EPA interprets the third commenter's 
request for use of R-454A in self-contained equipment to apply to 
retail food refrigeration (stand-alone units) and to retail food 
refrigeration (refrigerated food processing and dispensing equipment) 
that is self-contained, since EPA proposed that all commercial ice 
machines could use R-454A, and other types of appliances covered by 
this rule are not self-contained. EPA expects that such equipment in 
many cases could use other refrigerants with a GWP lower than R-454A's 
GWP of 237, such as R-290, R-471A, R-454C, R-455A, or R-516A, with GWPs 
from three to less than 150. EPA also notes that under the final 
Technology Transitions Rule (88 FR 73098; October 24, 2023), 
refrigerants containing HFCs used in retail food refrigeration--stand-
alone units are limited to those with a GWP less than 150 beginning 
January 1, 2025; thus, even if EPA were to list R-454A as acceptable 
for stand-alone units under the SNAP program, it still could not be 
used after that date. EPA also notes that for larger self-contained 
commercial ice machines with harvest capacities above certain levels, 
EPA is finalizing R-454A as acceptable, subject to use conditions (see 
section II.C.6 of this preamble).
    Comment: One commenter recommended that EPA list HFO-1234yf, HFO-
1234ze(E), R-454A, R-454C, R-455A, R-457A, and R-516A as acceptable for 
use in packaged systems in retail food refrigeration (e.g., walk-in 
coolers and freezers) as it was unclear if EPA intended the proposed 
listings to apply to packaged refrigeration systems. The commenter also 
asserted that the definitions for packaged refrigerating units in EPA's 
proposed Technology Transitions Rule and UL 60335-2-89 match and that 
the industry consensus standard that EPA proposed to incorporate by 
reference already includes such equipment within its scope.
    Response: In response to this comment, EPA is clarifying that 
packaged refrigerating units fall within the same categories where the 
Agency is finalizing acceptable listings for those refrigerants. UL 
60335-2-89 defines a packaged refrigerating unit as ``a factory 
assembled unit for performing the complete refrigeration cycle 
(compressing gas, condensation or gas cooling, and evaporation) 
comprising power-driven refrigerant compressor(s) with motors, 
condensers or GAS COOLERS,\24\ liquid receivers, interconnection pipe 
work, and ancillary equipment, all mounted on a common base.'' EPA 
classifies packaged refrigerating units for retail food refrigeration, 
such as walk-in coolers or freezers, as belonging either to the end-use 
category `supermarket system' if the refrigerant is supplied on the 
same multi-compressor refrigerant circuit used to cool food elsewhere 
in the store or within the end-use category `remote condensing unit' if 
only a one- or two-compressor system is used (generally dedicated to 
just the individual walk-in cooler or freezer). (See also July 20, 
2015; 80 FR 42901). If the packaged refrigerating unit is completely 
self-contained with no remote condenser, then it would belong to retail 
food refrigeration--stand-alone units. EPA proposed, and is finalizing, 
listings for HFO-1234yf, HFO-1234ze(E), R-454A, R-454C, R-455A, R-457A, 
and R-516A as acceptable, subject to use conditions, in retail food 
refrigeration--supermarket systems and retail food refrigeration--
remote condensing units. In addition, EPA proposed, and is finalizing, 
listings for HFO-1234yf, HFO-1234ze(E), R-454C, R-455A, R-457A, and R-
516A as acceptable, subject to use conditions, for retail food 
refrigeration--stand-alone units.
---------------------------------------------------------------------------

    \24\ This term is capitalized in the original text of UL's 
standard.
---------------------------------------------------------------------------

    Comment: One commenter provided detailed comments on ice cream 
makers, requesting revisions to the proposal so they become an eligible 
end-use within the retail food refrigeration sector for the newly 
listed refrigerants in the final rule. The commenter noted that 
additional standards would need to be referenced in the final rule for 
ice cream makers to be included. Specifically, ice cream makers fall 
under UL 621 in North America and International Electrotechnical 
Commission (IEC) 60355-2-118 internationally; they are not in the scope 
of UL 60355-2-89. As such, the proposal would prevent ice cream 
equipment from using certain flammable low-GWP refrigerants, even when 
UL 621 and IEC 60335-2-118 have been updated to allow these substances. 
The commenter requested that EPA expand the use conditions for the food 
processing and dispensing equipment category to follow all relevant UL 
and IEC standards. The commenter added that the proposed listings for 
the sector would increase the cost of equipment due to the need to 
mitigate high-temperature discharges for refrigerants like R-454C and 
R-455A using special valves and compressors.
    Response: EPA agrees with the commenter that equipment for ice 
cream makers is covered by UL 621 and not by UL 60335-2-89. EPA did not 
propose to require adherence to UL 621 as a use condition and notes 
that this standard is currently under development to address the safe 
use of flammable refrigerants. Therefore, the Agency is not adding 
requirements in the final rule specific to ice cream makers. EPA will 
continue to consider changes to relevant standards, and the Agency may 
consider whether any revisions to the SNAP regulations should be 
proposed at a future date. In this final rule, listings for 
refrigerated food processing and dispensing equipment do not apply to 
equipment that is manufactured according to UL

[[Page 50422]]

621, i.e., commercial ice cream makers. In response to comments related 
to the cost of equipment for some of the listed refrigerants, EPA notes 
this rule does not require the use of any specific refrigerant; rather, 
this rule establishes requirements that allow for the safe use of the 
listed refrigerants, such that they do not pose overall greater risk to 
human health and the environment.
    Comment: Two commenters claimed that the proposed rule's statement 
that the smallest types of retail food refrigeration utilize either 
brazed or welded refrigerant circuits was incorrect. The commenter 
stated that thread fittings are used in some cases and requested that 
this be accounted for in the final rule. Another commenter added that 
EPA had indicated that small units may be fully brazed and stated that 
some units may have components with screw fittings like cast iron 
compressors. They commented that regulations for A2L refrigerants 
should not require connections that are all brazed.
    Response: EPA agrees with the comments regarding the incomplete and 
incorrect statement that the smallest types of retail food 
refrigeration utilize either brazen or welded refrigerant circuits. EPA 
did not intend the statement to imply that brazed connections would be 
required. In response to these comments, the description in section 
II.A.1 of this preamble also includes threaded fittings.

B. Retail Food Refrigeration--Listing R-290 as Acceptable, Subject to 
Use Conditions, for Use in New Refrigerated Food Processing and 
Dispensing Equipment and Revision of the Use Conditions Provided in the 
Previous Listings of R-290 as Acceptable, Subject to Use Conditions, 
for Use in New Stand-Alone Units

    This final rule lists R-290 as acceptable, subject to use 
conditions, as a substitute for use in one additional end-use category 
under retail food refrigeration (i.e., new refrigerated food processing 
and dispensing equipment). Further, EPA is also amending existing use 
conditions in the 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). 
One of the use conditions established in that rule was adherence to an 
earlier standard, UL 471. In this final rule, we are revising those use 
conditions to be consistent with the most recent U.S. national standard 
for retail food refrigeration equipment, UL 60335-2-89. Among other 
things, these revisions will allow safe use of larger charge sizes of 
R-290 than under UL 471, which will allow for broader use of R-290 as 
an alternative in these end-uses. Similar use conditions apply to other 
refrigerants with lower flammability in this SNAP action in section 
II.A of this preamble. The final use conditions are allowed for such 
equipment manufactured on or after the effective date of this final 
rule and do not apply to nor affect equipment manufactured before that 
effective date.
    This revision to the use conditions incorporates by reference a 
newer industry standard, changing the reference from Supplement SB in 
the 10th edition of UL 471, ``Commercial Refrigerators and Freezers,'' 
which was required in the earlier SNAP listing for R-290, to UL 60335-
2-89. EPA is providing a transition period from the effective date of 
this final rule through September 29, 2024, during which stand-alone 
units manufactured with R-290 may follow either the earlier UL 471 
standard or UL 60335-2-89. After the transition period ends, new stand-
alone units manufactured with R-290 must follow UL 60335-2-89 for 
purposes of the SNAP program, unless the new stand-alone units remain 
essentially unchanged from an earlier model or design that was already 
UL-listed to the earlier UL 471 standard. Under EPA's understanding of 
these standards, if no design, manufacture, or other change is made to 
equipment that was certified to UL 471 before the sunsetting date, then 
the equipment may continue to be produced and used. To comply with the 
use condition, once a design change of any kind is made to equipment 
that has already been certified under UL 471, the equipment is required 
to be updated to UL 60335-2-89 requirements, including labeling.
    Several use conditions finalized for these end-use categories are 
similar to those finalized for other end-uses. Because of this 
similarity, EPA discusses the use conditions that apply to all five 
end-uses in section II.H of this preamble. In summary, the common use 
conditions are: restricting the use of each refrigerant to new 
equipment that is specifically designed and clearly marked for that 
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89 
(with certain exceptions), 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.
    In this final action, EPA is revising the existing listing for R-
290 in new stand-alone units in appendix R to 40 CFR part 82, subpart 
G, and adding the new listing for R-290 in refrigerated food processing 
and dispensing units in appendix Y to 40 CFR part 82, subpart G. The 
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 finalizing substantive changes to 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 of this preamble 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 of this preamble 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 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 final 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 refrigerant. This 
risk screen is available in the docket for this final rule.\25\
---------------------------------------------------------------------------

    \25\ 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 venting prohibition 
under CAA

[[Page 50423]]

section 608(c)(2), 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 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 later, EPA estimates that potential emissions of saturated HC 
refrigerants, such as R-290 and R-600a (isobutane), would not have a 
greater overall negative impact on local air quality than other 
acceptable substitutes in this end-use category.\26\
---------------------------------------------------------------------------

    \26\ 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.\27\ 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 one percent of the NAAQS, and 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 greater risk to the 
environment than other alternatives. Using the level of the current 
ozone NAAQS of 70 ppb, use of the most reactive saturated HC, R-600a, 
with a 100 percent market penetration would just exceed a level that 
might raise concerns for EPA. However, considering that R-290 is less 
reactive than R-600a \28\ and that R-290 would have a market 
penetration at least as high as that of R-600a,\29\ we still consider 
use of saturated HC refrigerants not to result in greater overall risk 
to human health and the environment.
---------------------------------------------------------------------------

    \27\ Ibid.
    \28\ R-600a has a 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.
    \29\ Ibid.
---------------------------------------------------------------------------

    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 
acceptable under this final rule. For example, we assumed use of R-290 
in refrigerated food processing and dispensing equipment \30\ 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.\31\ Based on this still conservative but more probable 
assessment of refrigerant use, our assessment performed in 2014 found 
that even if all the refrigerant in appliances in end-uses addressed in 
this final 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. This value is 
roughly 0.2 percent of the level of the current ozone NAAQS of 70 ppb 
on an 8-hour rolling average over a 6-month period between April and 
September of 2030. 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).\32\ 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.
---------------------------------------------------------------------------

    \30\ 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.
    \31\ ICF, 2014a. Assessment of the Potential Impact of 
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. 
February 2014.
    \32\ Ibid.
---------------------------------------------------------------------------

    EPA also has performed more recent air quality analyses, 
considering additional end-uses and HC refrigerants that have been 
listed acceptable more recently (e.g., R-1150 (ethylene) in very low 
temperature refrigeration) and using updated models.\33\ 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 final use conditions 
in this rule, would not result in greater overall risk to people's 
health or the environment than other alternatives available under SNAP 
for the same end-use, refrigerated food processing and dispensing 
equipment.
---------------------------------------------------------------------------

    \33\ ICF, 2022. 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, 2022.
---------------------------------------------------------------------------

    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 refrigerated 
processing and dispensing equipment end-use category, even in a worst-
case scenario, we conclude that R-290 does not have a 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. EPA evaluated 
flammability risk by evaluating reasonable worst-case and more typical, 
yet conservative, scenarios to model the effects of releases of R-290 
in retail food refrigeration. This refrigerant is not expected to 
present a flammability concern provided the use conditions are 
followed. The use conditions provide additional safety measures and 
labeling requirements (e.g., visible warning statement and red coloring 
on the pipes, hoses, and devices which contain refrigerant) that make 
equipment owners, consumers, fire marshals, and emergency first

[[Page 50424]]

responders aware of the presence of a flammability hazard.
    Toxicity and exposure data: R-290 has an ASHRAE toxicity 
classification of A (lower toxicity). Potential health effects of 
exposure to this refrigerant include drowsiness or dizziness. The 
refrigerant may also irritate the skin or eyes or cause frostbite. This 
refrigerant 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 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 final use conditions (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 three is comparable to that of other acceptable 
substitutes for new refrigerated food processing and dispensing 
equipment, including CO2, with a GWP of one. 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,\34\ 
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.
---------------------------------------------------------------------------

    \34\ ICF, 2023h. Op. cit.
---------------------------------------------------------------------------

    Although the flammability of R-290 may be greater than that of 
other available refrigerants with an ASHRAE 1, 2, or 2L flammability 
classification in the same end-use, we found its flammability risk to 
be comparable to those of other acceptable substitutes, even under 
worst-case assumptions in this end-use category when following the 
final use conditions.\35\ We note that flammability risk can be 
minimized by use consistent with industry standards such as UL 60335-2-
89-which applies under the use conditions-and ASHRAE 15-2022-which also 
applies under the use conditions-as well as recommendations in the 
manufacturers' SDS and other safety precautions common in the 
refrigeration and air conditioning industry. EPA is finalizing use 
conditions that reduce the flammability risk associated with this 
alternative so that it will not pose greater overall risk to human 
health and the environment than other acceptable substitutes in this 
end-use category.
---------------------------------------------------------------------------

    \35\ ICF, 2023h. Op. cit.
---------------------------------------------------------------------------

    Based on the results of these analyses, EPA is listing R-290 as 
acceptable, subject to use conditions, in refrigerated food processing 
and dispensing equipment. R-290 has a GWP of three, 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 an additional, lower-
GWP option with lower overall risk to human health and the environment, 
EPA is listing R-290 as acceptable, subject to use conditions, for use 
in refrigerated food processing and dispensing equipment.
4. Why is EPA finalizing these specific use conditions for refrigerated 
food processing and dispensing equipment?
    For refrigerated food processing and dispensing equipment, EPA is 
requiring adherence to UL 60335-2-89 for equipment falling under the 
scope of that standard. Several of the use conditions for refrigerated 
food processing and dispensing equipment are common to those finalized 
for R-290 in the commercial ice machine end-use as discussed in section 
II.D of this preamble. Other use conditions are common to all 
refrigerants and all five end-uses in this final rule. Because of this 
similarity, EPA discusses the use conditions that apply to all five 
end-uses in section II.H of this preamble. In summary, the common use 
conditions for all five end-uses are: restricting the use of each 
refrigerant to new equipment that is specifically designed and clearly 
marked for that refrigerant; use consistent with ASHRAE 15-2022 and 
with UL 60335-2-89 (with certain exceptions), 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 does the 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 preamble EPA is finalizing an exemption for 
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 IPR.
6. What existing use conditions 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 refrigerants available at that 
time for use in this end-use category. 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 SNAP Rule 17 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 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

[[Page 50425]]

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 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 
finalizing?
    EPA is finalizing the proposed use conditions that apply to R-290 
in new stand-alone units manufactured on or after the effective date of 
this final rule. The updated use conditions finalized for use of R-290 
in stand-alone units are common to those finalized for the commercial 
ice machine end-use in section II.D of this preamble, and others are 
common to all five end-uses in this final rule. Because of this 
similarity, EPA discusses the use conditions that apply to all five 
end-uses in section II.H of this preamble. For R-290 in stand-alone 
units, these use conditions in sections II.D and II.H of this preamble 
are the only revised use conditions EPA is finalizing--i.e., there are 
no use conditions pertaining to refrigerant charge capacity or specific 
applications within stand-alone units. In summary, with the updates 
finalized for the use conditions for stand-alone units, the common use 
conditions are: restricting the use of each refrigerant to new 
equipment that is specifically designed and clearly marked for that 
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89 
(with certain exceptions), 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.
    EPA is finalizing the use conditions in this action, which apply to 
new stand-alone units on or after the effective date of this final 
rule. This final rule does not apply to nor affect equipment 
manufactured before the effective date of this action. The final 
regulatory text presents these different requirements as numbered 
listings in separate table rows, where the end-use and the effective 
time period during which the equipment is manufactured are in the left-
most column, with the heading ``End-use''; the specific requirements 
are listed as use conditions in the fourth column, with the heading 
``Use Conditions.'' Under SNAP, 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 stand-alone units (and most refrigerated food processing and 
dispensing equipment), this occurs at the factory. New stand-alone 
units manufactured between February 21, 2012, and the effective date of 
the final rule that use R-290 are 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 (in listing 2), including the 
use condition incorporating by reference Supplement SB to the 10th 
edition of UL 471. Such products are permitted to be warehoused and 
sold through normal channels, even if they are sold after the effective 
date of this final rule. Stand-alone units using R-290 manufactured on 
or after the effective date of this final rule are required to meet the 
use conditions finalized and listed in the revisions to appendix R. 
Those use conditions 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 this final rule and through September 29, 2024, which is the date 
when UL is sunsetting UL 471. On and after September 30, 2024, new 
stand-alone units using R-290 for any new equipment designs or models 
must meet UL 60335-2-89; for an unchanged model or design that was 
already listed by UL--that is, certified to meet the requirements of UL 
471--the equipment can continue to be manufactured according to that 
standard's requirements.
    EPA is finalizing use conditions allowing all new stand-alone units 
using R-290 to be manufactured consistent with Supplement SB of UL 471, 
up to and including September 29, 2024. Therefore, during the time 
between the effective date of this final rule and September 29, 2024, 
manufacturers may follow either UL 471, 10th edition or UL 60335-2-89, 
2nd edition, depending on which standard the equipment was designed to. 
This transition date was in this rule's proposal in order to align with 
the industry standard sunsetting date for UL 471. It is EPA's 
understanding that since proposal, UL has discussed updating its 
effective date when UL 60335-2-89 replaces UL 471 to reflect a later 
continuing certification date. EPA is 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 while designing and testing new 
models and designs. Beginning September 30, 2024, for the purposes of 
the SNAP program, newly manufactured stand-alone units of new models 
and designs using R-290 must meet the requirements of UL 60335-2-89. 
Newly manufactured stand-alone units of existing models and designs 
that are certified (e.g., UL-listed) using R-290 that remain unchanged 
other than cosmetic changes (e.g., color changes) and that meet 
Supplement SB of UL 471 prior to September 30, 2024, may continue to 
meet those requirements after that date. In addition, we are requiring 
manufacturers to follow the set of use conditions that correspond with 
a specific UL standard (e.g., we are including text in the revisions to 
appendix R stating that when an entity is using UL 471, it is to follow 
all use conditions in listing 2 and when using UL 60335-2-89, it is to 
follow all use conditions in listing 4 in the final revisions to 
appendix R). See section II.H.1 of this preamble for further discussion 
on the requirements of UL 60335-2-89, 2nd edition, which EPA is 
incorporating by reference.
    EPA also notes that we are continuing to apply without revision two 
existing use conditions, nor did we take comment on those two existing 
use conditions. The use conditions finalized in this rule 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 existing use conditions for R-290 in new stand-
alone units.
8. How do the new use conditions for R-290 in stand-alone units differ 
from the existing ones and why is EPA changing the use conditions?
    The revised use conditions EPA is finalizing for R-290 in stand-
alone units are the same as or 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 final requirements that R-290 must be used in new 
equipment only, and that new

[[Page 50426]]

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 final listing. The revised use conditions concern 
incorporating by reference the most recent U.S. national industry 
safety standard and updated labeling requirements consistent with that 
new standard. Stand-alone units using R-290 manufactured before the 
effective date of this final rule are not affected by the revised use 
conditions.
    Warning labels are required under EPA's use restrictions for R-290 
in stand-alone units, and EPA is continuing to require them, although 
with some specific language changes. The finalized warning labels are 
similar to those already established as use conditions for the use of 
R-290 in stand-alone units. Using a common set of labels, similar to 
those from UL 60335-2-89, will aid in compliance and reduce burden for 
the industry, especially for a manufacturer that uses more than one 
refrigerant. EPA is finalizing 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 existing requirement for R-290 in 
stand-alone units.
    EPA is incorporating by reference a newer industry standard in the 
use conditions, including use of UL 60335-2-89, 2nd edition for 
equipment newly designed and manufactured on or after the effective 
date of this final rule instead of continuing to require Supplement SB 
of the 10th edition of UL 471. 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. 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. 
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 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.'' 
Today, we are finalizing such a change knowing that the standard to 
which such equipment is UL-listed will transition from UL 471 to the 
most recent standard, UL 60335-2-89, for newly designed and 
manufactured equipment as of September 30, 2024.
    To allow time for manufacturers of stand-alone units to transition 
between the existing use condition using the 10th edition of UL 471 and 
the new use condition using UL 60335-2-89, EPA is allowing R-290 to be 
used in stand-alone units manufactured either following UL 471 or UL 
60335-2-89 during a transition period. That transition period begins on 
the effective date of this final rule, July 15, 2024, and lasts through 
September 29, 2024. It is EPA's understanding that UL intends to sunset 
UL 471 on September 29, 2024, and EPA is coordinating with that sunset 
date. Further, based on public comments, EPA understands that UL allows 
newly manufactured equipment that remains unchanged from its previous 
UL-listed (certified) design or model to continue to follow an earlier 
standard such as UL 471 because the manufacturer has made no changes. 
EPA intends to follow this practice, as well, in this final rule. 
Beginning September 30, 2024, the use condition allows R-290 to be used 
in new stand-alone units that follow UL 60335-2-89, or for newly 
manufactured stand-alone units that are unchanged from the model or 
design previously UL-listed as meeting UL 471 10th edition. In 
addition, manufacturers must 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 final revisions to appendix R).
    Another revision to the use conditions is the limit on charge 
sizes. The existing use conditions from SNAP Rule 17 require the charge 
sizes to be calculated consistent with UL 471, with a maximum charge of 
150 g allowed. The final revised use conditions for equipment newly 
designed and manufactured on or after the effective date of this final 
rule allow charge sizes calculated based on UL 60335-2-89, which allows 
charges of up to roughly 500 g of R-290 for open stand-alone units, or 
roughly 300 g for those with doors and drawers. These changes allow the 
use of R-290 in larger equipment than previously and provide more 
options for industry, while mitigating flammability or exposure risk 
and maintaining safety within a comparative risk framework.
    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.\36\ In this risk 
screen, EPA adjusted charge sizes to be consistent with the larger 
charge sizes of roughly 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, with a limit on ``releasable charge.'' The 
updated risk screen found that concentrations of R-290 still would not 
exceed the LFL when used according to the new use condition with 
releasable charge and larger charge sizes and consistent with UL 60335-
2-89, and thus the new use conditions also address potential 
flammability risks of using R-290.\37\ 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 of 5,770 ppm was 
still significantly lower than the Acute Toxicity Exposure Limit (ATEL) 
of 50,000 ppm.\38\ According to ASHRAE 34, R-290 is listed under safety 
group A3 with an ATEL of 50,000 ppm. ASHRAE 34 ATELs are intended to 
reduce the risks of acute toxicity, asphyxiation, and flammability 
hazards in normally occupied, enclosed spaces during refrigerant use 
and protect end-users from the potential dangers of a catastrophic leak 
from a refrigeration unit. For further information, see the risk screen 
\39\ for R-290 in the docket for this rulemaking.
---------------------------------------------------------------------------

    \36\ ICF, 2023h. Op. cit.
    \37\ Ibid.
    \38\ The source of the ATEL is ASHRAE 34-2022, as cited in ICF, 
2023h. Op cit.
    \39\ ICF, 2023h. Op. cit.
---------------------------------------------------------------------------

9. What additional information is EPA including in these listings?
    EPA is providing additional information related to this final 
listing for R-290 in new refrigerated food processing and dispensing 
equipment and the final 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 
refrigerant under the SNAP program. See section II.H.2 of this preamble 
for further discussion on what additional information EPA is including 
in these listings. This additional information is similar to, but not 
identical with, the additional information in the listing for R-290 in 
stand-alone units in SNAP Rule 17, which included additional

[[Page 50427]]

information such as applicable OSHA requirements, need for proper 
ventilation, use of personal protective equipment, fire extinguishers 
to keep nearby, use of spark-proof tools and recovery equipment 
designed for flammable refrigerants, and suggestions for technician 
training. EPA is finalizing additional information consistent with that 
included in the final listings for other refrigerants in 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, with additional information such as recommendations 
for actions to take in case of an accidental release, additional 
recommended practices for technicians, DOT requirements for transport 
of flammable gases, and statement that disposed flammable refrigerant 
is likely to be hazardous waste under RCRA. 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 refrigerants.
10. How is EPA responding to comments on listing R-290 in refrigerated 
food processing and dispensing equipment and updating the use 
conditions for R-290 in stand-alone units?
    Several commenters provided input on listing R-290 as a substitute.
    Comment: Two commenters referenced charge size considerations for 
R-290 and asked that EPA align the final rule with industry standards 
to reduce confusion. One commenter asked EPA to conform its description 
of R-290 charge sizes to those allowed under UL 60335-2-89 and ASHRAE 
15: 13 times the LFL for open appliances (494 g), eight times the LFL 
for closed appliances with doors and drawers (304 g), and 3 times the 
LFL in public corridors and lobbies (114 g). To avoid confusion, they 
cautioned EPA to avoid noting that a charge limit of 500 g of R-290 is 
permitted. The same commenter noted that larger charge sizes of R-290 
are only permitted for products listed to UL 60335-2-89, and not UL 
471. A different commenter added that the UL 60335-2-89 standard for 
stand-alone retail food refrigeration equipment with R-290 is thorough 
and sufficient. They mentioned that conversion of self-contained 
refrigeration equipment using R-290 is currently constrained by the use 
restrictions for stand-alone retail food refrigeration (150 grams or 
less in UL 471). They added that work remains to properly and safely 
convert products that require larger charges of R-290 to supply the 
cooling capacity needed. Another commenter requested that EPA allow 
larger charges of R-290 in the high side of cascade systems or 
secondary systems in all applications. They stated that R-290 can be 
paired with carbon dioxide to make an energy efficient system in warmer 
climates. They added that the International Institute of Ammonia 
Refrigeration (IIAR) is developing a standard specifically for the use 
of R-290.
    Response: EPA agrees with the commenters concerning the description 
of charge sizes for R-290 and the related requirements of UL 60335-2-89 
and ASHRAE 15. Specifically, UL 60335-2-89 limits charge sizes for R-
290 to 13 times the LFL for open appliances (494 g), eight times the 
LFL for closed appliances with doors and drawers (304 g), and ASHRAE 
15-2022 limits charges to 3 times the LFL in public corridors and 
lobbies (114 g). As noted by the commenters, the charge size limit for 
R-290 is 150 g for equipment following UL 471. EPA did not propose to 
list R-290 as acceptable, subject to use conditions, for the high side 
of cascade systems or secondary loop systems in all applications and 
did not receive information in a submission for such uses of R-290; 
thus, EPA has not performed necessary analysis to make a listing 
decision nor provided an opportunity for comment on that analysis. EPA 
also notes that the current edition (2nd edition) of UL 60335-2-89 only 
allows use of A3 (higher flammability) refrigerants in self-contained 
equipment, which applies to stand-alone units and to some refrigerated 
food processing and dispensing equipment, not to supermarket systems or 
remote condensing units. In response to the comments regarding IIAR 
standard development, EPA would first need to review a final standard 
and propose it as a use condition before requiring it in a final 
listing; thus, this comment is beyond the scope of this rulemaking. EPA 
will continue to monitor development of and changes to relevant 
standards, and the Agency may consider whether any additions to or 
revisions to the SNAP program regulations should be proposed at a 
future date.
    Comment: One commenter stated that expanding the use of R-290, with 
a low GWP, will help minimize harmful climate impacts of refrigerant 
emissions while maintaining safe systems.
    Response: EPA agrees in general that allowing greater use of R-290 
would allow for lower climate impacts, and so long as R-290 is used 
according to the use conditions in this final rule, we expect it will 
be used as safely as other available substitutes for the same uses.

C. Commercial Ice Machines--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

    This final rule lists 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 listings for refrigerants HFC-32, R-454A, and R-454B are 
being finalized in this rule only for larger equipment--specifically, 
remote commercial ice machines, self-contained batch-type commercial 
ice machines with a harvest rate greater than 1,000 lb ice per 24 
hours, and self-contained continuous-type commercial ice machines with 
a harvest rate above 1,200 lb ice per 24 hours; EPA is not finalizing 
listings for those three refrigerants for smaller commercial ice 
machines at this time.
    Several use conditions finalized for commercial ice machines are 
common to those finalized for other end-uses. Because of this 
similarity, EPA discusses the use conditions that apply to all five 
end-uses in section II.H of this preamble. For commercial ice machines, 
those are the only use conditions EPA is finalizing. In summary, the 
common use conditions are: restricting the use of each refrigerant to 
new equipment that is specifically designed and clearly marked for that 
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89 
(with certain exceptions), 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.
    In this final action, EPA is revising the existing listing for R-
290 in new self-contained commercial ice machines in appendix V to 40 
CFR part 82, subpart G. The 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 finalizing substantive changes to 
those earlier decisions, e.g., listings for R-290 in new water coolers 
and in new very low temperature refrigeration equipment.

[[Page 50428]]

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 \40\ 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 
condensing equipment). The listings described in section II.C.4 of this 
preamble apply both to larger self-contained commercial ice machines 
and to remote condensing commercial ice machines. 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.''
---------------------------------------------------------------------------

    \40\ 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.
---------------------------------------------------------------------------

    Commercial ice machines can also be divided between batch-type 
machines (e.g., providing cubed ice) and continuous-type machines 
(e.g., providing flaked ice). Batch-type (also called cube type) ice 
machines harvest ice with alternating freezing and harvesting periods. 
Batch-type commercial ice machines can be used in a variety of 
applications but are generally used to generate ice for use in 
beverages. Batch-type commercial ice machines are often employed in 
hotels, hospitals, and restaurants where beverages are served. 
Continuous-type ice makers produce ice through a continuous freeze and 
harvest process and include flake and nugget ice machines. Flake ice is 
used primarily in food displays, such as seafood grocery store displays 
or salad bars, whereas nugget ice (also known as chewable ice) is 
primarily used in beverage applications such as smoothies and blended 
cocktails. DOE sets energy conservation standards for commercial ice 
machines and distinguishes these based in part on their harvest 
rate,\41\ defined as ``as the amount of ice (at 32 degrees F) in pounds 
produced per 24 hours.'' 10 CFR 431.132.
---------------------------------------------------------------------------

    \41\ For purposes of this rule, the harvest rate shall be 
determined in accordance with 10 CFR 431.134.
---------------------------------------------------------------------------

    R-404A has commonly been used in remote condensing commercial ice 
machines, while both R-404A and R-410A have been commonly used in self-
contained commercial ice machines. Recently, there has been the 
introduction of smaller self-contained commercial ice machines that use 
R-290.
2. What are the ASHRAE classifications for refrigerant flammability?
    ASHRAE 34-2022 categorizes the refrigerants for commercial ice 
machines in this section as being in the A2L Safety Group. See section 
II.A.2 of this preamble 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 of this preamble for further discussion on the 
identity, environmental, flammability, toxicity, and exposure 
information for HFO-1234yf, R-454A, R-454C, R-455A, R-457A, and R-
516A.\42\
---------------------------------------------------------------------------

    \42\ 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 heat pumps (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.
---------------------------------------------------------------------------

    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 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 refrigerants. These risk screens are available in the docket for 
this rule.43 44 45 46 47 48 49 50
---------------------------------------------------------------------------

    \43\ ICF, 2024i. Risk Screen on Substitutes in Commercial Ice 
Machines (New Equipment); Substitute: HFC-32.
    \44\ ICF, 2024j. Risk Screen on Substitutes in Commercial Ice 
Machines (New Equipment); Substitute: HFO-1234yf.
    \45\ ICF, 2024k. Risk Screen on Substitutes in Commercial Ice 
Machines (New Equipment); Substitute: R-454A (Opteon[supreg] XL40).
    \46\ ICF, 2024l. Risk Screen on Substitutes in Commercial Ice 
Machines (New Equipment); Substitute: R-454B.
    \47\ ICF, 2024m. Risk Screen on Substitutes in Commercial Ice 
Machines (New Equipment); Substitute: R-454C (OpteonTM 
XL20).
    \48\ ICF, 2024n. Risk Screen on Substitutes in Commercial Ice 
Machines (New Equipment); Substitute: R-455A (Solstice[supreg] 
L40X).
    \49\ ICF, 2024o. Risk Screen on Substitutes in Commercial Ice 
Machines (New Equipment); Substitute: R-457A (Forane[supreg] 457A).
    \50\ ICF, 2024p. Risk Screen on Substitutes in Commercial Ice 
Machines (New Equipment); Substitute: R-516A (Forane[supreg] 516A).
---------------------------------------------------------------------------

    Environmental information: HFC-32 and R-454B, as well as the other 
refrigerants being listed in this end-use, have ODPs of zero.
    HFC-32 has a GWP of 675. If the GWPs for the components of R-454B, 
HFC-32 and HFO-1234yf (GWP of one), are weighted by mass percentage, 
then the blend R-454B has a GWP of about 465.
    Both of the components of R-454B, HFC-32 and HFO-1234yf, are 
excluded from EPA's regulatory definition of VOC (see 40 CFR 51.100(s)) 
for the purpose of addressing the development of SIPs to attain and 
maintain the NAAQS.
    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 IPR, 
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 IPR) 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 HFC-32 or R-454B.
    Flammability information: HFC-32 and R-454B are both classified as 
2L refrigerants under ASHRAE Standards reflecting that these compounds 
are flammable but have lower burning velocity than compounds listed as 
2 or 3 under the ASHRAE standard. EPA evaluated flammability risk by 
evaluating reasonable worst-case and more typical, yet conservative, 
scenarios to model the effects of releases of HFC-32 and R-454B, 
respectively, in the listed end-uses. These refrigerants are

[[Page 50429]]

not expected to present a flammability concern provided the use 
conditions are followed. The use conditions provide additional safety 
measures and labeling requirements (e.g., visible warning statement and 
red coloring on the pipes, hoses, and devices which contain 
refrigerant) that make equipment owners, consumers, fire marshals, and 
emergency first responders aware of the presence of a flammability 
hazard.
    Toxicity and exposure data: HFC-32 and R-454B have an ASHRAE 
toxicity classification of A. Potential health effects of exposure to 
these refrigerants include drowsiness or dizziness. The refrigerants 
may also irritate the skin or eyes or cause frostbite. At sufficiently 
high concentrations, the refrigerants may cause irregular heartbeat. 
The refrigerants could cause asphyxiation if air is displaced by vapors 
in a confined space. These potential health effects are common to many 
refrigerants.
    AIHA has established a WEEL of 1,000 ppm (8-hr TWA) for HFC-32 and 
a WEEL of 500 ppm as an 8-hr TWA for HFO-1234yf, the components of R-
454B. The manufacturer of R-454B recommends an AEL for the workplace of 
854 ppm on an 8-hr TWA for this blend, as does ASHRAE 34-2022. EPA 
anticipates that users will be able to meet the AIHA WEELs and the 
manufacturer's AEL and address potential health risks by following 
requirements and recommendations in the manufacturers' SDS, the final 
use conditions (including adherence to UL 60335-2-89 and ASHRAE 
Standard 15), and other safety precautions common to the refrigeration 
and AC industry.
    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 one, comparable to that of R-290 and 
ammonia with GWPs of three and zero. R-454A, R-454B, R-454C, R-455A, R-
457A, and R-516A have GWPs ranging from 140 to 465, higher than some of 
the acceptable substitutes for new commercial ice machines 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 larger systems. Our evaluation is that the 
characteristics of HFC-32, R-454A, and R-454B 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 of this preamble 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 listed refrigerants can be mitigated by 
use consistent with UL 60335-2-89 and ASHRAE 15-2022-which are required 
by our final use conditions-and other industry standards; 
recommendations in the manufacturers' SDS; and other safety precautions 
common in the refrigeration and AC industry.
    The flammability risks of HFC-32, HFO-1234yf, and the refrigerant 
blends R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A in the new 
commercial ice machine end-use, determined by the likelihood of 
exceeding their respective LFLs, are evaluated in the risk screens 
referenced previously in this section. While these refrigerants 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 as use conditions in this rule, as well as recommendations in 
the manufacturers' SDS and other safety precautions common in the 
refrigeration and AC industry. EPA is requiring use conditions to 
reduce the potential risk associated with the flammability of these 
alternatives so that they will not pose greater overall risk to human 
health and the environment than other acceptable substitutes in the new 
commercial ice machines end-use.
    In addition, the listed refrigerants have lower GWPs than most 
other available alternatives for new commercial ice machines. The 
listing of these refrigerants provides 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 refrigerants with 
lower GWPs for the full range of new commercial ice machines and, 
therefore, lower overall risk to human health and the environment, EPA 
is listing HFO-1234yf and the refrigerant blends R-454C, R-455A, R-
457A, and R-516A as acceptable, subject to use conditions, for use in 
all types of new commercial ice machines. Further, EPA is listing HFC-
32, R-454A, and R-454B as acceptable, subject to use conditions, in 
larger commercial ice machines: specifically, remote commercial ice 
machines, self-contained batch-type commercial ice machines with a 
harvest rate greater than 1,000 lb ice per 24 hours, and self-contained 
continuous-type commercial ice machines with a harvest rate above 1,200 
lb ice per 24 hours. EPA is not finalizing listings for those three 
refrigerants for smaller self-contained commercial ice machines at this 
time, as lower-GWP refrigerants, such as R-290, perform adequately. 
Further, EPA notes that in the final Technology Transitions Rule under 
the AIM Act, smaller self-contained commercial ice machines, namely, 
batch-type self-contained units with a harvest rate at or below 1,000 
lb ice per 24 hours and continuous-type self-contained units with a 
harvest rate at or below 1,200 lb ice per 24 hours, are restricted to 
using refrigerants with a GWP less than 150.
4. Why is EPA finalizing these specific use conditions?
    The use conditions identified in these final listings are explained 
in section II.H.1 of this preamble in greater detail.

[[Page 50430]]

5. What additional information is EPA including in these listings?
    EPA is providing additional information related to these 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. 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 refrigerants. See section II.H.2 of this 
preamble for further discussion on what additional information EPA is 
including in these listings.
6. How is EPA responding to comments on commercial ice machines?
    Comment: One commenter recommended that EPA restrict acceptable 
substitutes in commercial ice machines to those below a 150 GWP limit. 
The reason for this commenter's request was to align with GWP limits in 
the proposed Technology Transition rulemaking, which, as proposed, 
would set a January 1, 2025, compliance date limiting refrigerants over 
a GWP of 150 for self-contained commercial ice machines with a charge 
of 500 grams or less. They noted the proposed SNAP Rule 26's inclusion 
of HFC-32, R-454A, and R-454B for use in commercial ice machines would 
conflict with the proposed Technology Transitions Rule, which would 
restrict the GWP of refrigerants below 150 in self-contained commercial 
ice machines with a charge size less than 500 g. The commenter pointed 
out that low-GWP refrigerants like carbon dioxide and R-717 would still 
be available for use in this subsector. The commenter opposed the 
addition of any refrigerants with a GWP of greater than 150, as 
required under the proposed Technology Transitions Rule, including R-
454A in self-contained equipment.
    Response: In this final rule, EPA is listing HFC-32, R-454A, and R-
454Bx as acceptable, subject to use conditions, for remote condensing 
and larger self-contained commercial ice machines and is listing HFO-
1234yf, R-454C, R-455A, R-457A, and R-516A as acceptable, subject to 
use conditions, for all commercial ice machines. The Agency is aware 
that commercial ice machine manufacturers have found it difficult to 
design for the use of alternative refrigerants with a GWP less than 150 
(like carbon dioxide and R-717) that have adequate performance 
properties (e.g., sufficiently high pressure and volumetric capacity 
and a lower boiling point) for use with larger equipment (i.e., with a 
larger ice harvest rate) or with a remote condenser; thus, EPA is 
listing three refrigerants as acceptable in this rule that have a GWP 
of greater than 150 that equipment manufacturers have been testing for 
use in commercial ice machines (i.e., HFC-32, R-454A, and R-454B). 
These three refrigerants have GWPs of 237 for R-454A, 465 for R-454B, 
and 675 for HFC-32, which are still lower than or comparable to 
refrigerants such as R-450A or R-513A, with GWPs of approximately 600 
and 630. Further, their GWPs are significantly lower than commonly used 
HFC blends such as R-410A with a GWP of 2,090 and R-404A with a GWP of 
3,920.
    In response to comments related to the Technology Transitions Rule, 
as noted previously in this preamble, EPA agrees that there may be 
circumstances where there is little practical value in finalizing an 
acceptable listing for an alternative where the Technology Transitions 
Rule would restrict its use. However, that is not the situation here 
for this listing for R-454A with a GWP of 237, R-454B with a GWP of 
465, and HFC-32 with a GWP of 675, for use in remote condensing and 
larger self-contained commercial ice machines. The Agency notes that 
the final Technology Transitions Rule categorizes self-contained 
commercial ice machines differently than in the proposed Technology 
Transitions Rule. EPA restricted refrigerants to those with a GWP of 
less than 150 for self-contained commercial ice machines with a harvest 
rate less than or equal to 1,000 or 1,200 pounds of ice per 24 hours 
(depending on whether the equipment was batch-type or continuous-type). 
Self-contained commercial ice machines with greater harvest rates are 
restricted from using certain higher-GWP HFC blends under that rule, 
but the refrigerants being listed in this final SNAP rule are not 
otherwise prohibited under the final Technology Transitions Rule. EPA 
did not propose, and is not finalizing in this action, a use condition 
restricting the use of those refrigerants that have a GWP of 150 or 
greater (i.e., HFC-32, R-454A, and R-454B). While EPA is not finalizing 
such a restriction in this action, in the future, EPA may consider 
further whether such a restriction would be appropriate under SNAP. EPA 
additionally notes, however, those refrigerants are still prohibited 
under the final Technology Transition rule for self-contained 
commercial ice machines with harvest rates less than or equal to 1,000 
or 1,200 pounds per day.

D. Commercial Ice Machines--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

    EPA is revising use conditions in the existing listing of R-290 as 
acceptable, subject to use conditions, for use in new elf-contained 
commercial ice machines established in SNAP Rule 21 (81 FR 86779, 
December 1, 2016). In this final rule, we are updating those use 
conditions to be consistent with the most recent U.S. national industry 
safety standard for commercial refrigeration equipment, including self-
contained commercial ice machines, UL 60335-2-89. Among other things, 
these revisions will allow safe use of larger charge sizes of R-290 
than under the previous use condition requiring an earlier standard, UL 
563, which will allow for broader use of R-290 as an alternative in 
this end-use. Similar use conditions apply to other refrigerants with 
lower flammability in this SNAP action in section II.C of this 
preamble. The final use conditions are allowed for such equipment 
manufactured on or after the effective date of this final rule and do 
not apply to nor affect equipment manufactured before that effective 
date.
    This revision to the use conditions incorporates by reference a 
newer industry standard, changing the reference from Supplement SA to 
the 8th edition, dated July 31, 2009, of UL 563, ``Ice Makers'' to UL 
60335-2-89. EPA is providing a transition period during which self-
contained commercial ice machines manufactured with R-290 may follow 
either UL 563 or UL 60335-2-89. After the transition period ends, new 
self-contained commercial ice machines manufactured with R-290 must 
follow UL 60335-2-89 for purposes of the SNAP program, except as noted 
below for models that remain essentially unchanged from their earlier 
UL certification to UL 563.
    Several use conditions finalized for this end-use are similar to 
those finalized for other end-uses. Because of this similarity, EPA 
discusses the use conditions that apply to all five end-uses in section 
II.H of this preamble. In summary, the common use conditions are: 
restricting the use of the refrigerant to new equipment that is 
specifically designed and clearly marked for that refrigerant; use 
consistent with ASHRAE 15-2022 and with 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

[[Page 50431]]

inform consumers, technicians, and first responders of potential 
flammability hazards. The regulatory text of the use conditions appears 
in tables at the end of this document.
    In this final action, EPA is revising the existing listing for R-
290 in new self-contained commercial ice machines in appendix V to 40 
CFR part 82, subpart G. The revised regulatory text contains listing 
decisions for new self-contained commercial ice machines in appendix V. 
EPA is also republishing certain other previous listings for purposes 
of formatting for the Federal Register; EPA is not finalizing 
substantive changes to those earlier decisions (e.g., 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 of this preamble 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 of this preamble for further discussion on ASHRAE 
classifications.
3. What is R-290 and where is there information on its use in this end-
use?
    See section II.B.3 of this preamble 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 final 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 refrigerant in 
self-contained commercial ice machines. The risk screen is available in 
the docket for this final rule.\51\
---------------------------------------------------------------------------

    \51\ ICF, 2023q. Risk Screen on Substitutes in Commercial Ice 
Machines (New Equipment); Substitute: (R-290).
---------------------------------------------------------------------------

4. What existing use conditions 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 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 refrigerant, 
including the risk due to flammability, was not greater in this end-use 
than other substitutes that are currently or potentially available for 
that same end-use.
5. What updates to existing use conditions for commercial ice machines 
is EPA finalizing?
    EPA is finalizing the proposed use conditions that apply to R-290 
in new self-contained commercial ice machines manufactured on or after 
the effective date of this final rule. Several of the updated use 
conditions finalized for use of R-290 in self-contained commercial ice 
machines are common to those finalized for the stand-alone units end-
use in section II.B of this preamble. Other use conditions are common 
to all refrigerants and all five end-uses in this final rule. Because 
of this similarity, EPA discusses the use conditions that apply to all 
five end-uses in section II.H of this preamble. For R-290 in self-
contained commercial ice machines, these are the only revised use 
conditions EPA is finalizing. In summary, the common use conditions for 
all five end-uses are: restricting the use of the refrigerant to new 
equipment that is specifically designed and clearly marked for that 
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89 
(with certain exceptions), 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.
    EPA is finalizing the use conditions in this action, which apply to 
new self-contained commercial ice machines manufactured on or after the 
effective date of this final rule. This final rule does not apply to 
nor affect equipment manufactured before that effective date. The final 
regulatory text presents these different requirements as numbered 
listings in separate table rows, where the end-use and the effective 
time period during which the equipment is manufactured are in the left-
most column, with the heading ``End-use''; the specific requirements 
are listed as use conditions in the fourth column, with the heading 
``Use Conditions.'' Under SNAP, 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. New self-contained commercial ice machines manufactured using 
R-290 between January 3, 2017, and the effective date of this final 
rule are 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 
are permitted to be warehoused and sold through normal channels, even 
if they are sold after the effective date of this final rule. Self-
contained ice machines using R-290 manufactured on or after the 
effective date of this final rule are required to meet the use 
conditions finalized and listed in the revisions to appendix V. Those 
use conditions allow manufacturers of new self-contained commercial ice 
machines using R-290 to follow either UL 563 or UL 60335-2-89, 
dependent upon which standard the equipment was manufactured, from the 
effective date of this final rule and will last through September 29, 
2024, which is the date when UL is sunsetting UL 563. On and after 
September 30, 2024, new self-contained commercial ice machines using R-
290 for any new equipment designs or models must meet

[[Page 50432]]

UL 60335-2-89; for an unchanged model or design that was already listed 
by UL--that is, already certified to meet the requirements of UL 563--
it could continue to meet those requirements.
    EPA is finalizing use conditions allowing all new self-contained 
commercial ice machines using R-290 to be manufactured consistent with 
Supplement SA of UL 563, up to and including September 29, 2024. 
Therefore, during the time between the effective date of this final 
rule and September 29, 2024, manufacturers may follow either UL 563, 
8th edition or UL 60335-2-89, 2nd edition, depending on which standard 
the equipment was designed to. This transition date was in this rule's 
proposal in order to align with the industry standard sunsetting date 
for UL 563. It is EPA's understanding that since proposal, UL has 
discussed updating its effective date when UL 60335-2-89 replaces UL 
563 to reflect a later continuing certification date. EPA is 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 563 to UL 
60335-2-89 while designing and testing new models and designs. 
Beginning September 30, 2024, for the purposes of the SNAP program, 
newly manufactured self-contained commercial ice machines of new models 
and designs using R-290 must meet the requirements of UL 60335-2-89. 
Newly manufactured self-contained commercial ice machines of existing 
models and designs that are certified (e.g., UL-listed) using R-290 
that remain unchanged other than cosmetic changes (e.g., color changes) 
and that meet Supplement SA of UL 563 prior to September 30, 2024, may 
continue to meet those requirements after that date. In addition, EPA 
is requiring manufacturers to follow the set of use conditions that 
correspond with a specific UL standard (e.g., EPA included text in the 
revisions to appendix V stating that when an entity is using UL 563, it 
is to follow all use conditions in listing 1 and when using UL 60335-2-
89, it is to follow all use conditions in listing 3 in the final 
revisions to appendix V). See section II.H.1of this preamble for 
further discussion on the requirements of UL 60335-2-89, 2nd edition, 
which EPA is incorporating by reference.
    EPA also notes that we are continuing to apply without revision two 
existing use conditions, nor did we take comment on those two existing 
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 existing use 
conditions for R-290 in new self-contained commercial ice machines.
6. How do the new use conditions for commercial ice machines differ 
from the existing ones and why is EPA changing the use conditions?
    The revised use conditions EPA is finalizing for self-contained 
commercial ice machines 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 
existing 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 final listing. 
The revised use conditions concern incorporating by reference the most 
recent U.S. industry 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 this final rule are not affected by the revised use conditions.
    Warning labels are required under EPA's existing regulations, and 
EPA is continuing to require them, although with some specific language 
changes. The finalized warning labels are identical to those previously 
required as use conditions for the use of R-290 in self-contained 
commercial ice machines. Using a common set of labels, like those in UL 
60335-2-89, aids in compliance and could reduce burden for the 
industry, especially for a manufacturer that uses more than one 
refrigerant. EPA is finalizing 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 existing requirement for R-290 in 
self-contained commercial ice machines.
    EPA is incorporating by reference a newer industry standard in the 
use conditions, including use of UL 60335-2-89, 2nd edition, instead of 
continuing to require the standard Supplement SA of the 8th edition of 
UL 563 for equipment manufactured on or after the effective date of 
this final rule. 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 is aware of the continuing 
progress of UL standards to address flammable refrigerants. Today, we 
are finalizing such a change knowing that UL is replacing the standard 
to which such equipment is UL-listed 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 existing use condition using the 8th 
edition of UL 563 and the new use condition using UL 60335-2-89, EPA is 
allowing 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. That transition period begins on the effective date 
of this final rule and lasts through September 29, 2024. It is EPA's 
understanding that UL intends to sunset UL 563 on September 29, 2024, 
and EPA is coordinating with that sunset date. Further, based on public 
comments, EPA understands that UL allows newly manufactured equipment 
that remains unchanged from its previous UL-listed (certified) design 
or model to continue to follow an earlier standard such as UL 563 
because the manufacturer has made no changes. EPA is adopting a similar 
approach, as well, in this final rule. Beginning September 30, 2024, 
the use condition allows R-290 to be used in new self-contained 
commercial ice machines that follow UL 60335-2-89 or in newly 
manufactured stand-alone units that are unchanged from the model or 
design previously UL-listed as meeting UL 563, 8th edition. In 
addition, manufacturers must 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 final revisions to appendix V of 
part 82, subpart G).
    Another revision to the use conditions is the limit on charge 
sizes. The existing use conditions from SNAP Rule 21 require charge 
sizes to be calculated consistent with UL 563, with a maximum charge 
size of 150 g allowed. The final revised use conditions for equipment 
manufactured on or after the effective date of this final rule allow 
charge sizes calculated based on UL 60335-2-89, which allows charge 
sizes

[[Page 50433]]

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 allow the use of R-290 in larger equipment 
than previously and provide more options for industry, while 
maintaining environmental health and human 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 self-
contained commercial ice machines.\52\ 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 new use condition with releasable charges and 
larger charge limits and consistent with UL 60335-2-89, and thus the 
new use conditions also address flammability risks of using R-290.\53\ 
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.\54\ 
For further information, see the risk screen \55\ for R-290 in self-
contained commercial ice machines in the docket for this rulemaking.
---------------------------------------------------------------------------

    \52\ ICF, 2024q. Op. cit.
    \53\ Ibid.
    \54\ Ibid.
    \55\ Ibid.
---------------------------------------------------------------------------

7. What additional information is EPA including in this listing?
    EPA is providing additional information related to this final 
listing. Since this additional information is not part of the 
regulatory decision under SNAP, these statements are not binding for 
use of the substitute under the SNAP program. While the items listed 
are not legally binding under the SNAP program, EPA encourages users of 
substitutes to apply all statements in the ``Further Information'' 
column in their use of these refrigerants. See section II.H.2 of this 
preamble for further discussion on what additional information EPA is 
including in these listings. EPA notes that the additional information 
is similar to, but not identical with, the additional information in 
the listing for R-290 in self-contained commercial ice machines in SNAP 
Rule 21. EPA is finalizing additional information to that included in 
the listings for R-290 in self-contained commercial ice machines in 
SNAP Rule 21.
8. How is EPA responding to comments on listing R-290 and updating the 
use conditions for R-290 in self-contained commercial ice machines?
    Comment: One commenter expressed that EPA should not allow for the 
use of R-290 in commercial ice machines with remote compressors that 
are not self-contained due to flammability concerns. Specifically, the 
commenter stated that the use of R-290 is restricted in UL 60335-2-89 
to self-contained equipment to lessen the risks associated with higher 
flammability refrigerants.
    Response: EPA agrees with the commenter that R-290 should not be 
allowed in commercial ice machines with remote compressors that are not 
self-contained due to flammability concerns. The 2nd edition of UL 
60335-2-89 limits the use of R-290 to self-contained commercial ice 
machines, and that standard does not allow for use the use of R-290 in 
commercial ice machines with remote compressors. EPA is finalizing use 
conditions for R-290 in this final rule that are consistent with using 
R-290 only in self-contained commercial ice machines and is not listing 
R-290 as acceptable in commercial ice machines with remote compressors.
    Comment: Two commenters suggested clarifications surrounding 
manufacturers' use of R-290 in self-contained products (150 grams or 
less). They noted that UL will allow manufacturers to continue under UL 
563 requirements until a significant product change is made or the 
manufacturer withdraws their file. The commenters stated that only at 
that time will R-290 equipment become subject to 60335-2-89. They asked 
for EPA to clarify this in the final rule.
    Response: EPA addressed a similar comment with respect to 
refrigerated food processing and dispensing equipment end-uses in 
section II.B.10 of this preamble. Those reasons are also applicable to 
this end-use and for the same reasons, EPA is finalizing an end-use 
description and use conditions for R-290 in this final rule that are 
consistent with using R-290 only in self-contained commercial ice 
machines and not in commercial ice machines with remote compressors.

E. Industrial Process Refrigeration--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

    This final rule lists 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 IPR equipment. 
HFO-1234yf, HFO-1234ze(E), and the refrigerant blends R-454C, R-455A, 
R-457A, and R-516A are being listed for all IPR equipment including 
both chillers and non-chiller--e.g., direct expansion (DX)--IPR 
equipment. The listings for refrigerants HFC-32, R-454A, and R-454B are 
being finalized in this rule only for chillers for IPR and for DX IPR 
equipment where the temperature of the refrigerant entering the 
evaporator is less than or equal to -30 [deg]C and for R-454A, also may 
be used in DX IPR equipment with a refrigerant charge capacity less 
than 200 pounds or in the high-temperature side of a cascade system 
with the refrigerant temperature entering the evaporator higher than -
30 [deg]C. EPA is not finalizing listings for those three refrigerants 
for other IPR uses at this time. EPA is modifying the proposed use 
conditions for R-454A, R-454B, and HFC-32 to also allow these 
substitutes in direct expansion IPR equipment with refrigerant entering 
the evaporator at temperatures less than or equal to -30 [deg]C, based 
on public comment regarding the limited availability of substitutes for 
this particular temperature range and based upon our comparative risk 
analysis concluding that these substitutes for these specific uses and 
use conditions are not expected to pose greater risk to overall health 
or the environment. EPA is not reaching a final decision in this rule 
on these refrigerants for other IPR uses for HFC-32 and R-454B (i.e., 
for DX IPR equipment with the refrigerant temperature entering the 
evaporator higher than -30 [deg]C).
    Most of the use conditions finalized for the A2L refrigerants when 
used in IPR are the same as those finalized for other end-uses. Because 
of this similarity, EPA discusses the use conditions that apply to all 
five end-uses in section II.H of this preamble. In summary, the common 
use conditions are: restricting the use of each refrigerant to new 
equipment that is specifically designed and clearly marked for that 
refrigerant; use consistent with ASHRAE 15-2022 and

[[Page 50434]]

with UL 60335-2-89 (with certain exceptions), 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.
    In addition to the common use conditions discussed in section II.H 
of this preamble, the following use condition also applies to HFC-32 
and R-454B in IPR: these refrigerants may only be used in IPR: (1) For 
chillers or (2) for equipment that is not a chiller withe the 
refrigerant temperature entering the evaporator is less than or equal 
to -30 [deg]C.
    The following use condition also applies for R-454A in IPR: this 
substitute may only be used in IPR (1) for chillers, (2) equipment with 
the refrigerant temperature entering the evaporator less than or equal 
to -30 [deg]C, (3) equipment with a refrigerant charge capacity less 
than 200 pounds and with the refrigerant temperature entering the 
evaporator higher than -30 [deg]C (-22 [deg]F), and (4) in the high-
temperature side of a cascade system with the refrigerant temperature 
entering the evaporator higher than -30 [deg]C.
    The regulatory text of the final decisions appears in tables at the 
end of this document and is being codified in appendix Y to 40 CFR part 
82, subpart G. The final regulatory text contains listing decisions for 
the end-use discussed in this section. EPA notes that there may be 
other legal obligations pertaining to the manufacture, use, handling, 
and disposal of these 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 refrigerant for specific 
applications depends on ambient and required operating temperatures and 
pressures. It is EPA's understanding that this type of equipment may 
fall under the scope of ASHRAE 15-2022. This type of equipment also 
typically 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'' if it is not used in 
an industrial occupancy \56\ and that it always falls under ASHRAE 15. 
In contrast, industrial process air conditioning primarily cools 
people, although it may also cool processes, and follows a different UL 
standard (UL 60335-2-40). When chillers are used primarily to cool 
process streams, rather than for comfort cooling, SNAP describes this 
application as ``chillers in IPR.''
---------------------------------------------------------------------------

    \56\ ASHRAE 15-2022 defines industrial occupancy as, ``a premise 
or that portion of a premise that is not open to the public, where 
access by authorized persons is controlled, and that is used to 
manufacture, process, or store goods such as chemicals, food, ice, 
meat, or petroleum.''
---------------------------------------------------------------------------

2. What are the ASHRAE classifications for refrigerant flammability?
    ASHRAE 34-2022 categorizes the refrigerants listed for IPR in this 
section as being in the A2L Safety Group. See section II.A.2 of this 
preamble 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 sections II.A.3 and II.C.3 of this preamble for further 
discussion on the environmental, flammability, toxicity, and exposure 
information for these refrigerants.
    The redacted submission and supporting documentation for HFC-32, 
HFO-1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and 
R-516A is provided in the docket for this 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 
refrigerants. These risk screens are available in the docket for this 
rule.57 58 59 60 61 62 63 64 65
---------------------------------------------------------------------------

    \57\ ICF, 2023r. Risk Screen on Substitutes in Industrial 
Process Refrigeration (New Equipment); Substitute: HFC-32 
(Difluoromethane).
    \58\ ICF, 2023s. Risk Screen on Substitutes in Industrial 
Process Refrigeration, Cold Storage Warehouses, and Ice Skating 
Rinks (New Equipment); Substitute: HFO-1234yf.
    \59\ 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).
    \60\ ICF, 2023u. Risk Screen on Substitutes in Industrial 
Process Refrigeration and Cold Storage Warehouses (New Equipment); 
Substitute: R-454A (Opteon[supreg] XL40).
    \61\ ICF, 2023v. Risk Screen on Substitutes in Industrial 
Process Refrigeration (New Equipment); Substitute: R-454B 
(Opteon[supreg] XL41).
    \62\ ICF, 2023w. Risk Screen on Substitutes in Industrial 
Process Refrigeration, Cold Storage Warehouses, and Ice Skating 
Rinks (New Equipment); Substitute: R-454C (OpteonTM 
XL20).
    \63\ 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).
    \64\ ICF, 2023y. Risk Screen on Substitutes in Industrial 
Process Refrigeration, Cold Storage Warehouses, and Ice Skating 
Rinks (New Equipment); Substitute: R-457A.
    \65\ 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), 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.\66\
---------------------------------------------------------------------------

    \66\ WMO, 2022.
---------------------------------------------------------------------------

    HFO-1234yf and HFO-1234ze(E) both have a GWP of one, comparable to 
that of R-290 and ammonia with GWPs of three 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, which 
EPA is restricting to use in chillers for IPR or in IPR equipment with 
the refrigerant temperature entering the evaporator is less than or 
equal to -30 [deg]C, 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 refrigerants that have 
typically been employed in chillers for IPR, but as of January 1, 2026 
or January 1, 2028, depending on the temperature range, will be subject 
to restrictions in new IPR systems under the Technology Transitions 
Rule. In light of that upcoming restriction, EPA is listing HFC-32 and 
R-454B to provide additional lower-GWP, low-temperature refrigerants in 
these end-uses. This upcoming restriction, and the corresponding value 
of providing additional lower-GWP, low temperature refrigerants in 
these end-uses, are additional considerations that informed EPA's 
decision on this listing.
    Information regarding the toxicity of other available alternatives 
is provided

[[Page 50435]]

in the previous listing decisions for new IPR equipment (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, are evaluated in 
the risk screens referenced previously. 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 these 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 LFLs, are 
evaluated in the risk screens referenced in this section. 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, if 
applicable, UL 60335-2-89, as required by our 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 finalizing use 
conditions to reduce the potential risk associated with the 
flammability of the alternatives so that they will not pose greater 
overall risk to human health and the environment than other acceptable 
substitutes for new equipment in the IPR end-use.
    In addition, the listed substitutes have lower GWPs than most other 
available alternatives for the same uses. The listed 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 refrigerants with lower GWPs for 
the full range of IPR equipment and, therefore, lower overall risk to 
human health and the environment, EPA is listing 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 listing the refrigerants HFC-32 and R-454B with a use 
condition restricting their use to chillers in IPR or in IPR equipment 
with the refrigerant temperature entering the evaporator is less than 
or equal to -30 [deg]C. These refrigerants have higher GWPs than the 
other refrigerants EPA is listing as acceptable, subject to use 
conditions, but lower GWPs than many refrigerants typically used today 
in chillers for IPR, such as R-410A and R-404A, with GWPs of 2,090 and 
3,290 respectively (but will be restricted as soon as January 1, 2026). 
These refrigerants also have lower flammability than HC refrigerants 
currently listed as acceptable in IPR. In light of upcoming 
restrictions under the Technology Transitions Rule, EPA is listing 
additional substitutes for use in these end-uses. 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, safe to human health, or environmentally 
suitable. In addition, these refrigerants may provide additional, 
lower-GWP options for IPR equipment where the temperature of the 
refrigerant needs to attain temperatures less than or equal to -30 
[deg]C; fewer refrigerants have boiling points low enough to achieve 
these lower temperatures, and thus, EPA is also finalizing listings for 
HFC-32 and for R-454B, with boiling points of -51.9 [deg]C and -51 
[deg]C, respectively, to provide additional options.
    EPA is also listing 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, in 
the high-temperature side of a cascade system, or in IPR equipment with 
the refrigerant entering the evaporator is less than or equal to -30 
[deg]C. 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 
non-chiller IPR equipment with moderate charge sizes and for cascade 
systems; hence, EPA is listing R-454A as acceptable, subject to use 
conditions, for use in new non-chiller IPR equipment with a charge size 
capacity less than 200 pounds or for use in the high-temperature side 
of a cascade system. In addition, these refrigerants may provide 
additional, lower-GWP options for IPR equipment where the temperature 
of the refrigerant needs to attain temperatures less than or equal to -
30 [deg]C; fewer refrigerants have boiling points low enough to achieve 
these lower temperatures, and thus, EPA is also finalizing a listing 
for R-454A in IPR equipment with the refrigerant temperature entering 
the evaporator is less than or equal to -30 [deg]C (with a boiling 
point of -48 [deg]C) to provide additional options.
4. Why is EPA finalizing these specific use conditions?
    The final use conditions identified in the listings for all nine 
refrigerants are explained in the proceeding paragraphs and in section 
II.H.1 of this preamble.
    EPA is finalizing the use conditions for HFC-32 and R-454B 
restricting their use to chillers for IPR or in IPR equipment with the 
refrigerant temperature entering the evaporator is less than or equal 
to -30 [deg]C because these refrigerants 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), and because some IPR applications 
require temperatures below -30 [deg]C, EPA is listing these two 
additional refrigerants to provide additional lower-GWP options that 
pose lower overall risk to human health and the environment than other 
available substances and to address a broader range of equipment and 
applications. EPA also is finalizing a use condition for R-454A that 
allows its use in chillers for IPR or in IPR equipment with the 
refrigerant temperature entering the evaporator is less than or equal 
to -30 [deg]C, as well as other certain other applications, as 
described in this section. In addition, EPA is listing HFC-32, R-454A, 
and R-454B as acceptable, subject to use conditions, for chillers 
because of technical limitations, such as volumetric capacity, 
operating pressure, and temperature range, which restrict the technical 
viability of some other safe and environmentally suitable

[[Page 50436]]

alternatives for some applications. The Agency previously listed these 
three refrigerants as acceptable, subject to use conditions, in 
centrifugal and positive displacement chillers for comfort cooling in 
SNAP Rule 25 because of the same technical concerns and with the same 
use conditions as EPA is finalizing here. In addition, these use 
conditions are consistent with restrictions on refrigerants that 
contain HFCs under the final Technology Transitions Rule, allowing for 
greater consistency and reducing potential confusion for the regulated 
community.
    EPA is finalizing the use condition for R-454A, restricting its use 
to chillers for IPR, equipment with a refrigerant charge capacity less 
than 200 pounds, the high-temperature side of a cascade system, or IPR 
equipment with the refrigerant temperature entering the evaporator is 
less than or equal to -30 [deg]C. EPA is listing R-454A for use in 
chillers for IPR and in IPR equipment with the refrigerant temperature 
entering the evaporator is less than or equal to -30 [deg]C for the 
same reasons as for HFC-32 and R-454B. The Agency is also finalizing 
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 listed refrigerants for 
non-chiller IPR equipment (R-454A has a GWP of about 237, compared to 
one to 150).
    EPA's understanding is that, in addition to the technical 
constraints for refrigerant in chillers for IPR, there are two more 
situations where use of refrigerants is likely to be more constrained, 
and thus, additional refrigerant options that reduce overall risk to 
human health and the environment may be helpful. The first of those 
situations is where ASHRAE 15-2022 identifies a refrigerating system as 
having a ``high probability'' that leaked refrigerant from a failed 
connection, seal, or component could enter an occupied area. UL 60335-
2-89 effectively sets charge limits for A2L refrigerants to 260 times 
the LFL for applications inside an occupied space where people might be 
located. This amount is approximately 200 pounds, depending on the LFL 
of the particular refrigerant. In contrast, larger charge sizes in 
equipment meeting the requirements of ASHRAE 15 could be used in ``low-
probability'' locations where the general public is unlikely to come in 
contact with the refrigerant, such as systems used in industrial 
occupancies, 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, there would be fewer space 
constraints and greater flexibility in equipment design, so 
refrigeration system designers can accommodate a narrower set of 
refrigerants. Conversely, where people are more likely to come into 
contact with any leaked refrigerant in an interior space, which are not 
industrial occupancies, refrigerant charge capacities of a system would 
be less than 200 pounds. In addition, in such public spaces there would 
be more space constraints, less flexibility in equipment design, and 
potentially stricter code requirements. EPA recognizes that these may 
be situations where R-454A can be used where those other refrigerants 
cannot, especially where space is constrained. Therefore, R-454A fills 
a gap in the stated end-uses where lower-GWP refrigerant alternatives 
are not as available, and R-454A's GWP of approximately 237 and similar 
toxicity and flammability profiles would pose lower overall risk to 
human health and the environment than other available refrigerants. 
Therefore, EPA is listing R-454A as acceptable, subject to use 
conditions, for non-chiller IPR equipment with a refrigerant charge 
capacity less than 200 pounds (and with the refrigerant temperature 
entering the evaporator higher than -30 [deg]C).
    The second situation where use of refrigerants is likely to be more 
constrained, and therefore where EPA is listing R-454A, is for use in 
the high-temperature side of cascade systems used for non-chiller IPR 
equipment (and with the refrigerant temperature entering the evaporator 
higher than -30 [deg]C). As discussed in section II.A.1 of this 
preamble, ``Background on retail food refrigeration,'' each side 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, refrigerants with 
low boiling points 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. There are a number of 
substitutes available for the low temperature side of a cascade system 
with GWPs lower than that of R-454A. However, using flammable or toxic 
refrigerants, such as ammonia, on the high-temperature side of a 
cascade system may be limited in certain circumstances (e.g., based on 
building codes and/or industry safety standards). Therefore, EPA is 
listing R-454A as acceptable, subject to use conditions, when it is 
used in the high-temperature side of cascade systems (and with the 
refrigerant temperature entering the evaporator higher than -30 
[deg]C). This action expands the lower-GWP refrigerant options that 
reduce overall risks to human health and the environment and 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 listings?
    EPA is providing additional information related to these 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. However, EPA encourages users of 
substitutes to apply all statements in the ``Further Information'' 
column in their use of these refrigerants. See section II.H.2 of this 
preamble for further discussion on what additional information EPA is 
including in these listings.
6. How is EPA responding to comments on industrial process 
refrigeration?
    Comment: Three commenters addressed the use of R-454B and HFC-32 in 
the IPR end-use. These commenters claimed that R-454B and HFC-32 are 
needed for IPR beyond chillers and requested that EPA approve them for 
all IPR applications such as industrial, medical, and laboratory 
applications. They provided additional details that these refrigerants 
have lower boiling points than other proposed alternatives, which 
allows for lower evaporator temperatures needed for certain 
applications (e.g., blood and vaccine storage below -40 [deg]C). The 
commenters also stated that these refrigerants have low or no glide, 
which is important for lower-temperature IPR systems using flooded 
evaporators (not all of which are chillers). The commenters specified 
that such specialized equipment may not have other refrigerants with 
lower GWPs that are technically feasible. They also said that requiring 
high pressure low GWP substitutes, such as the other refrigerants under 
consideration in this

[[Page 50437]]

action, may damage systems. Therefore, they asserted that HFC-32 and R-
454B are the only two low GWP refrigerants that will perform at the 
required conditions and above atmospheric pressure in certain 
applications. One commenter added that limiting R-454B and HFC-32 
refrigerants to chillers for IPR would amount to imposing use 
conditions that are contrary to reducing the ``overall risk to human 
health and the environment'' as required under CAA section 612(c). The 
commenter noted that R-454B and HFC-32 have lower GWPs than many 
currently acceptable substances, and suggested approving these two 
refrigerants broadly for the IPR sector would help lower environmental 
impact compared to incumbent refrigerants in wide use. The commenter 
also claimed that EPA had not clearly described how it accounted for 
the benefits of HFC-32 and R-454B relative to incumbent refrigerants.
    Response: While EPA is not granting the commenters' request for 
listing R-454B and HFC-32 broadly for all IPR, including industrial, 
medical, and laboratory applications in IPR, we acknowledge that these 
refrigerants present advantages in performance for IPR operating at low 
temperatures. Therefore, based on comments received about the 
technological requirements for IPR to reach very cold temperatures, EPA 
is listing HFC-32 and R-454B as acceptable, subject to use conditions, 
for IPR, as proposed, with a use condition that provides for use in IPR 
chillers. EPA is also making a modification to the proposed use 
condition for HFC-32 and R-454B in IPR that would allow for use in non-
chiller IPR with the refrigerant temperature entering the evaporator 
less than or equal to -30 [deg]C. EPA is achieving this by modifying 
the use condition for HFC-32 and R-454B in IPR, so that it provides for 
use of HFC-32 and R-454B in both chillers for industrial process 
refrigeration and in equipment with the refrigerant temperature 
entering the evaporator less than or equal to -30 [deg]C. While R-454B 
and HFC-32 have higher GWPs than the other refrigerants being listed as 
acceptable in this action, listing these two refrigerants as acceptable 
with use conditions that provide for use at lower temperatures still 
leads to lower risk to the environment and human health because these 
refrigerants are lower risk than what is currently in use.
    The Agency is not at this time listing R-454B and HFC-32 as 
acceptable in all other IPR uses. We do not agree that commenters have 
demonstrated that other lower-risk, lower-GWP options are not available 
for other non-chiller IPR uses outside of the lower temperature 
applications described in their comments. We also note that upcoming 
restrictions under the AIM Act's Technology Transitions Rule will 
restrict the GWP of refrigerants used for non-chiller IPR to 150 to 
700, depending on the temperature of the refrigerant entering the 
evaporator, the refrigerant charge capacity, and whether the 
refrigerant is used in the high-temperature side of a cascade system. 
Thus, regardless of EPA's consideration under the CAA SNAP program, R-
454B and HFC-32 could not be used in all IPR applications; their use 
would be restricted in certain applications under the AIM Act's 
Technology Transitions Rule (88 FR 73098; October 24, 2023).
    As noted, in response to comments, EPA is finalizing R-454B and 
HFC-32 as acceptable, subject to use conditions, in non-chiller IPR low 
temperature applications, specifically, equipment with the refrigerant 
temperature entering the evaporator is less than or equal to -30 
[deg]C. These refrigerants have lower boiling points, as discussed 
previously in the comparison to other substitutes in this end-use, than 
the other refrigerants listed in this rule. The Agency recognizes that 
IPR equipment is often highly specialized and designed specifically for 
cooling a particular industrial process, and that certain specialized 
applications may require refrigerants operating at evaporator 
temperatures of -40 [deg]C or lower. Other, lower-GWP refrigerants may 
not be feasible for use in such lower-temperature applications. EPA 
further notes that the final Technology Transitions Rule similarly 
accommodated lower-temperature IPR applications by establishing a 
higher GWP limit for IPR systems with the refrigerant temperature 
entering the evaporator less than or equal to -30 [deg]C. 88 FR at 
73143.
    In response to the comment comparing HFC-32 and R-454B to incumbent 
refrigerants, EPA notes that there are other acceptable refrigerants 
that reduce overall risks more than both HFC-32 and R-454B and the 
incumbent refrigerants in most DX IPR uses, such as ammonia, HCFO-
1233zd(E), R-1224yd(Z), R-290, R-471A, and R-744. Thus, EPA does not 
agree with the commenter's assertion that the use restriction for this 
listing for R-454B and HFC-32 increases overall risk to human health 
and the environment. Several of these substitutes are non-flammable or 
are comparable in flammability to HFC-32 and R-454B, such as ammonia, 
HCFO-1233zd(E), R-1224yd(Z), R-471A, and R-744. Most of those 
refrigerants contain compounds that are not VOC or are 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. Most have an 
ozone depletion potential of zero, comparable to HFC-32 and R-454B, 
with HCFO-1233zd(E) and R-1224yd having ODPs of less than 0.0004, and 
all have a GWP less than 150, compared to R-454B's GWP of 470 and HFC-
32's GWP of 675. However, these lower-GWP refrigerants have boiling 
points that are too high to use in DX IPR equipment with the 
refrigerant temperature entering the evaporator less than or equal to -
30 [deg]C (-22 [deg]F), as discussed above in this response.
    Comment: One commenter supported EPA's proposed approval of HFC-32, 
HFO-1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and 
R-516A for new IPR equipment. The commenter stated that HFC-32, R-454A, 
and R-454B should be approved for use in IPR chillers to preserve as 
many refrigerant options as possible while navigating changes in 
equipment design and technology, despite their higher GWPs than other 
listed alternatives.
    Response: EPA acknowledges the commenter's support for listing HFC-
32, HFO-1234yf, HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-57A, 
and R-516A in this rulemaking. EPA agrees with the commenter that 
listing HFC-32, R-454A, and R-454B will provide more refrigerant 
options for chillers for IPR while industry navigates changes in 
equipment design and technology. EPA is listing HFC-32, HFO-1234yf, 
HFO-1234ze(E), R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A for 
use in chillers for IPR as proposed, among other things.
    Comment: Two commenters suggested changes to the proposal to align 
with existing standards for the IPR sector. One commenter stated that 
very large systems located in industrial occupancies, refrigeration 
rooms, or machinery rooms do not fall under the listing nor 
installation requirements of UL 60335-2-89. Another commenter noted 
that manufacturers adhere to ASHRAE 15, American Society of Mechanical 
Engineers (ASME) b31.5, ASME b31.1, or IIAR standards within the IPR 
sector depending on the specific application. The commenter requested 
that EPA consider for IPR, IPR chillers, and industrial occupancies and 
allow such alternative standards to satisfy proposed use conditions 
where UL 60335-2-89 is not applicable.
    Response: EPA agrees with commenters that UL standard 60335-2-89 
may not be appropriate to apply to all equipment in the end-uses listed

[[Page 50438]]

under this rule in all situations; EPA has adopted the commenters' 
suggestions to reevaluate the applicability of UL 60335-2-89 for this 
rulemaking and is finalizing that manufacturers must use ASHRAE 
Standard 15 for all occupancies listed in this rule. In cases where UL 
60335-2-89 applies, manufacturers must also follow that standard. It is 
EPA's understanding that UL 60335-2-89 does not apply in machinery 
rooms, outdoors, or in industrial occupancies, whereas ASHRAE 15 does 
apply. Within this rule, industrial occupancies may apply to IPR or 
cold storage warehouses Otherwise, we expect manufacturers to do the 
due diligence required to reasonably determine whether equipment falls 
under categories which are or are not covered by UL 60335-2-89.
    Comment: One commenter requested that EPA not finalize a charge 
size limit use condition of less than 200 pounds for the listing of R-
454A. The commenter stated that R-454A is a higher capacity and more 
efficient option than the alternatives with GWPs less than 150. The 
commenter stated that energy efficiency is a critical aspect of very 
large systems, which may be located in industrial occupancies, 
refrigeration rooms, or machinery rooms. The commenter added that EPA's 
apparent rationale for the 200 pounds charge capacity use condition was 
based on a higher GWP than other alternatives. The commenter felt EPA 
failed to adequately describe how it evaluated GWP concerns with other 
considerations in section 612(c) of the CAA, which requires 
identification of alternatives based on an overall reduction in risk to 
human health and the environment and an assessment of potentially 
available technology.
    Response: See response in section II.A.6 of this preamble 
concerning the use condition limiting use of R-454A to equipment with 
charge sizes less than 200 pounds. With regard to EPA's evaluation of 
CAA requirements for alternatives to be considered in light of overall 
risk reduction and the availability of alternatives, sections II.A.6, 
II.F.6, and II.H.3 of this preamble explain the Agency's evaluation and 
selection of alternatives.

F. Cold Storage Warehouses--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

    This final rule lists 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 required for cold storage warehouses are 
common to those required for the other end-uses in this rule. Because 
of this similarity, EPA discusses the use conditions that apply to all 
five end-uses in section II.H of this preamble. In summary, the common 
use conditions are: restricting the use of each refrigerant to new 
equipment that is specifically designed and clearly marked for that 
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89 
(with certain exceptions), 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.
    In addition to the common use conditions in section II.H of this 
preamble, the following use condition also applies 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 final decisions appears in tables at the 
end of this document and is codified in appendix Y to 40 CFR part 82, 
subpart G. The regulatory text contains listing decisions for the end-
use discussed in this section. EPA notes that there may be other legal 
obligations pertaining to the manufacture, use, handling, and disposal 
of the refrigerants that are not included in the information listed in 
the tables (e.g., the CAA section 608(c)(2) venting prohibition or DOT 
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. 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 may 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'' if it is not used in an industrial occupancy and that it 
always falls under ASHRAE 15.
    EPA is listing 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 for cold storage 
warehouses in this section as being in the A2L Safety Group. See 
section II.A.2 of this preamble 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 of this preamble 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.\67\
---------------------------------------------------------------------------

    \67\ 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 heat pumps (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 rule (EPA-HQ-OAR-2023-0043) at https://www.regulations.gov. 
EPA performed risk screening assessments to examine the health and 
environmental risks of

[[Page 50439]]

each of these refrigerants. These risk screens are available in the 
docket for this rule.68 69 70 71 72 73 74
---------------------------------------------------------------------------

    \68\ ICF, 2023s. Op. cit.
    \69\ ICF, 2023t. Op. cit.
    \70\ ICF, 2023u. Op. cit.
    \71\ ICF, 2023w. Op. cit.
    \72\ ICF, 2023x. Op. cit.
    \73\ ICF, 2023y. Op. cit.
    \74\ ICF, 2023z. Op. cit.
---------------------------------------------------------------------------

    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) both have a GWP of one, 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/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 previously. 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 listed refrigerants can be minimized by use 
consistent with UL 60335-2-89 and ASHRAE 15-2022--which are required by 
our final use conditions--and other industry standards, recommendations 
in the manufacturers' SDS, and other safety precautions common in the 
refrigeration and AC industry.
    The flammability risks with HFO-1234yf, 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 LFLs, are evaluated in the 
risk screens referenced previously. 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 the use conditions 
in this rule-as well as recommendations in the manufacturers' SDS and 
other safety precautions common in the refrigeration and AC industry. 
EPA is requiring use conditions to reduce the potential risk associated 
with the flammability of these alternatives so that they will not pose 
greater overall risk to human health and the environment than other 
acceptable substitutes in this end-use.
    The listed 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 refrigerants 
with lower GWPs for the full range of cold storage warehouses and, 
therefore, lower overall risk to human health and the environment, EPA 
is listing 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 
listing 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 finalizing these specific use conditions?
    The use conditions in the listings are explained in the preceding 
paragraphs and in section II.H.1 of this preamble.
    This final rule applies to end-uses covered by UL 60335-2-89, 
including some applications in the SNAP cold storage warehouses end-
use, e.g., use that is not in industrial occupancies. In addition, 
ASHRAE 15-2022 applies to these refrigeration systems.
    UL 60335-2-89 discussed in section II.H of this preamble indicates 
that refrigerant charges greater than a specific amount (called 
``m3'' in the standard and based on the refrigerant's LFL) 
should instead be determined using national standards that apply, such 
as ASHRAE 15-2022. Hence, EPA is requiring adherence to both standards 
as use conditions for cold storage warehouses, with certain exceptions.
    EPA is incorporating by reference ASHRAE 15-2022, including all 
addenda published by the date of the proposed rule (May 24, 2023), in 
use conditions that apply to use of the listed A2L refrigerants in new 
cold storage warehouses. Where the requirements specified in this final 
rule and ASHRAE 15-2022 differ, the requirements of this final rule 
apply.
    ASHRAE 15-2022 is undergoing continuous maintenance with 
publication of periodic addenda and is typically updated and 
republished every three years. Although there were additional changes 
to ASHRAE 15-2022 between issuance of the proposed rule and now, EPA 
was not able to review and seek comment on use conditions based on 
those more recent changes after publication of the proposal. EPA is 
therefore not including addenda or other changes made to ASHRAE 15-2022 
after the date of the proposed rule.
    EPA is finalizing as a use condition for the listing of R-454A in 
cold storage warehouses 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 finalizing 
this use condition to allow use of R-454A less broadly than for the 
other refrigerants being listed for use in cold storage warehouses 
because its GWP is higher than those of the other refrigerants (about 
237, compared to one 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 that mitigate 
overall risk to human health and the environment 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 260 times the LFL (approximately 200 pounds 
for A2L refrigerants and ranging from roughly 120 to 250 pounds for the 
refrigerants listed in this rule) 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

[[Page 50440]]

refrigerant, such as systems used in industrial occupancies, outdoors 
or in a machinery room with access restricted to employees. Where 
people are unlikely to come into contact with any leaked refrigerant, 
there would be fewer space constraints and greater flexibility in 
equipment design, so refrigeration system designers can accommodate a 
narrower set of refrigerants. Conversely, where people are more likely 
to come into contact with any leaked refrigerant in an interior space, 
which are not industrial occupancies, refrigerant charge capacities of 
a system would be less than 200 pounds. In addition, in such public 
spaces, there would be more space constraints, less flexibility in 
equipment design, and potentially stricter code requirements. EPA 
recognizes that these may be situations where R-454A can be used where 
those other refrigerants cannot, especially where space is constrained. 
Therefore, R-454A fills a gap in the stated end-uses where lower-GWP 
refrigerant alternatives posing less of a risk to human health and the 
environment are not as available, and R-454A's GWP of approximately 240 
and similar toxicity and flammability profiles would pose lower overall 
risk to human health and the environment. Therefore, EPA is listing R-
454A as acceptable, subject to use conditions, only for cold storage 
warehouses with a refrigerant charge capacity less than 200 pounds.
    The second situation where use of refrigerants is likely to be more 
constrained is for use in the high-temperature side of cascade systems 
used for cold storage warehouses. As discussed in section II.A.1 of 
this preamble, ``Background on retail food refrigeration,'' each side 
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, 
refrigerants with low boiling points 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 industry safety standards). EPA notes that there 
are multiple substitutes available for the low temperature side of the 
cascade system with GWPs lower than that of R-454A. Therefore, EPA is 
listing 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 and 
satisfying SNAP considerations of overall risk to human health and the 
environment.
5. What additional information is EPA including in these listings?
    EPA is providing additional information related to these 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. EPA encourages users of substitutes 
to apply all statements in the ``Further Information'' column in their 
use of these refrigerants. See section II.H.2 of this preamble for 
further discussion on what additional information EPA is including in 
these listings.
6. How is EPA responding to comments on cold storage warehouses?
    Comment: One commenter supported listing R-454A as acceptable in 
cold storage warehouses but recommended that EPA not finalize a charge 
size limit use condition of less than 200 pounds for three reasons. 
First, the commenter stated that R-454A is a higher capacity and more 
efficient option than alternatives with GWPs of less than 150. They 
stated that given the large energy requirements of cold storage 
warehouses, energy efficiency is a critical aspect of these systems. 
Second, the commenter claimed that many of these systems are in 
industrial occupancies, refrigeration rooms, or machinery rooms and not 
restricted to the charge limits, listing, and installation requirements 
defined by UL 60335-2-89. Third, the commenter stated that EPA failed 
to adequately describe how it balanced concerns regarding the GWP of R-
454A versus other considerations in section 612(c) of the CAA, which 
requires identification of alternatives based on an overall reduction 
in risk to human health and the environment as well as an assessment of 
potentially available technology.
    Response: With regard to commenters' input on a refrigerant charge 
limit for R-454A, see responses in sections II.A.6 and II.H.3 of this 
preamble concerning the Agency's rationale for the condition limiting 
use of R-454A to equipment with charge sizes less than 200 pounds. 
Concerning the energy efficiency of refrigerants for use in cold 
storage warehouses, EPA typically does not compare the energy 
efficiency of substitutes against each other unless there is a concern 
that equipment might not be able to meet DOE's energy conservation 
standards with certain substitutes. EPA is not aware of such concerns 
for cold storage warehouses. For instance, R-717 is an energy efficient 
refrigerant that is commonly used in new cold storage warehouses.
    EPA agrees with the commenter that CAA section 612(c) involves 
considering the overall risk to human health and the environment of a 
substitute compared to the overall risk of other available or 
potentially available alternatives. In the case of R-454A, the Agency 
considered that there are a number of refrigerants also being listed 
for the same end-uses, such as HFO-1234yf, HFO-1234ze(E), R-454C, R-
455A, R-457A, and R-516A, and that there are other acceptable 
refrigerants already listed in the same end-uses, such as R-717 and R-
744, that pose comparable risk to overall human health and the 
environment, including similar ODP, low photochemical and insignificant 
smog impacts in the lower atmosphere, similar or lower flammability, 
and exposure levels evaluated to be below relevant toxicity thresholds, 
when compared to R-454A. R-454A has a slightly higher GWP than the 
other refrigerants listed above. EPA recognizes that there may be 
situations where R-454A can be used where those other refrigerants 
cannot, especially where space is constrained. Therefore, R-454A fills 
a gap in the stated end-uses where lower-GWP refrigerant alternatives 
posing less of a risk to human health and the environment are not as 
available. The situations mentioned by the commenter where the charge 
limits of UL 60335-2-89 do not apply are situations where space is not 
constrained, such as outdoors or in a machinery room, and therefore, 
where it is less critical to use a refrigerant with higher volumetric 
capacity, such as R-454A. Therefore, taking into account our overall 
evaluation of comparative risks, it is appropriate to list R-454A for 
certain equipment, where it is of comparable or lower risk compared to 
the currently or potentially available substitutes for that particular 
equipment

[[Page 50441]]

and end-use. Also, concerning comparisons to incumbent refrigerants 
with higher GWPs than R-454A, see the responses in sections II.E.6 and 
II.H.2 of this preamble concerning R-454A in situations where other 
refrigerants may not be appropriate for the needs of equipment. EPA 
also notes that the 200-pound limit on R-454A in cold storage 
warehouses is consistent with a requirement in the final Technology 
Transitions Rule.

G. Ice Skating Rinks--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

    This final rule lists 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 with a 
remote compressor.
    Several use conditions being finalized for ice skating rinks with a 
remote compressor in this rule are common to those finalized for other 
end-uses in this rule. Because of this similarity, EPA discusses the 
use conditions that apply to all five end-uses in section II.H of this 
preamble. For ice skating rinks with remote compressors, those are the 
only use conditions EPA is requiring. In summary, the common use 
conditions are: restricting the use of each refrigerant to new 
equipment that is specifically designed and clearly marked for that 
refrigerant; use consistent with ASHRAE 15-2022 and with UL 60335-2-89 
(with certain exceptions), 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 decisions appears in tables at the end 
of this document and is being codified in appendix Y to 40 CFR part 82, 
subpart G. The regulatory text contains listing decisions for the end-
use discussed in this section. EPA notes that there may be other legal 
obligations pertaining to the manufacture, use, handling, and disposal 
of the refrigerants that are not included in the information listed in 
the tables (e.g., the CAA section 608(c)(2) venting prohibition or 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, include 
those used by the general public for recreational purposes and also 
those for amateur and professional use (e.g., by professional hockey 
teams). 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 listings apply only to ice skating rinks that have a remote 
compressor.
    For ice skating rinks, 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. 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). 
It is EPA's understanding that this type of equipment may fall 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'' if it is not used in an industrial occupancy 
and that it always falls under ASHRAE 15.
2. What are the ASHRAE classifications for refrigerant flammability?
    ASHRAE 34-2022 categorizes the refrigerants listed for ice skating 
rinks in this section as being in the A2L Safety Group. See section 
II.A.2 of this preamble 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 of this preamble for further discussion on the 
environmental, flammability, toxicity, and exposure information for 
these refrigerants.
    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 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 
refrigerants. These risk screens are available in the docket for this 
rule.75 76 77 78 79 80
---------------------------------------------------------------------------

    \75\ ICF, 2023s. Op. cit.
    \76\ ICF, 2023t. Op. cit.
    \77\ ICF, 2023w. Op. cit.
    \78\ ICF, 2023x. Op. cit.
    \79\ ICF, 2023y. Op. cit.
    \80\ ICF, 2023z. Op. cit.
---------------------------------------------------------------------------

    Comparison to other substitutes in this end-use: HFO-1234yf, HFO-
1234ze(E), 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) both have a GWP of one, 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 substitutes acceptable under SNAP for new ice skating 
rinks, such as R-450A, and some substitutes currently in use but do not 
meet the GWP limits for use in new ice skating rinks under the 
Technology Transitions Rule such as 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

[[Page 50442]]

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 previously. The toxicity risks 
of using HFO-1234yf, HFO-1234ze(E), 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 listed refrigerants can be minimized by use 
consistent with UL 60335-2-89 and ASHRAE 15-2022-which are required by 
our final 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 LFLs, are evaluated in the 
risk screens referenced previously. These risk screens determined that 
because ice skating rink systems would be installed in locations with 
adequate space and/or ventilation in accordance with EPA 
recommendations and requirements, industry standards, and the 
installation and maintenance manuals for equipment using these 
refrigerants, significant flammability risk to end-users, personnel, or 
the general population is unlikely. 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 use conditions-as well as 
recommendations in the manufacturers' SDS and other safety precautions 
common in the refrigeration and AC industry. EPA is requiring use 
conditions to reduce the risk associated with the flammability of these 
alternatives so that they will not pose greater overall risk to human 
health and the environment than other acceptable substitutes in this 
end-use. In addition, EPA is limiting these listings to equipment with 
a remote compressor. Such equipment reduces the chances of fire and of 
exposure to the general public compared to refrigerants that are piped 
directly under an ice skating rink.
    In addition, the listed substitutes have lower GWPs than most other 
available alternatives for the same end-use. The listed 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 refrigerants with lower GWPs for ice skating rinks 
and, therefore, lower overall risk to human health and the environment, 
EPA is listing 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 finalizing these specific use conditions?
    The final use conditions identified in the listings are explained 
in section II.H.1 of this preamble.
    This final rule applies to end-uses covered by UL 60335-2-89, 
including some applications in the SNAP ice skating rink end-use, e.g., 
use that is not in industrial occupancies. In addition, ASHRAE 15-2022 
applies to these refrigeration systems.
    EPA is incorporating by reference UL 60335-2-89. This standard, as 
discussed in section II.H of this preamble, states that refrigerant 
charges greater than a specific amount (called ``m3'' in the 
standard and based on the refrigerant's LFL) should instead be 
determined using national standards that apply, such as ASHRAE 15-2022. 
Hence, EPA is requiring adherence to both standards as use conditions 
for ice skating rinks, with certain exceptions.
    EPA is incorporating by reference UL 60335-2-89 and ASHRAE 15-2022 
in use conditions that apply to use of the listed A2L refrigerants in 
new ice skating rinks. Where the requirements specified in this final 
rule and ASHRAE 15-2022 differ, the requirements of this final rule 
apply.
    ASHRAE 15-2022 is undergoing continuous maintenance with 
publication of periodic addenda and is typically updated and 
republished every three years. Although there were additional changes 
to ASHRAE 15-2022 between issuance of the proposed rule and now, EPA 
was not able to review and seek comment on use conditions based on 
those more recent changes after publication of the proposal. EPA is 
therefore not including addenda or other changes made to ASHRAE 15-2022 
after the date of the proposed rule.
    EPA is finalizing a use condition that the six A2L refrigerants 
included in this listing may only be used in new equipment that 
includes a remote compressor. This is intended to ensure that these 
flammable refrigerants are only used away 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 listings?
    EPA is providing additional information related to these 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. 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 refrigerants. See section II.H.2 of this 
preamble for further discussion on what additional information EPA is 
including in these listings.
6. How is EPA responding to comments on ice skating rinks?
    Comment: One commenter requested that EPA include R-454A as an 
acceptable refrigerant for ice skating rinks without a 200-pound charge 
size limit, in alignment with the proposal's listing for IPR and cold 
storage warehouses. The commenter also claimed that EPA did not provide 
sufficient explanation why R-454A was unacceptable in this end-use or 
why EPA did not to proceed with a filed SNAP petition to find R-454A 
acceptable. The commenter stated that EPA must consider all effects 
contemplated by CAA section 612(c) and may not only focus on relative 
GWP in making decisions. The commenter noted that additional rationale 
for this determination appears in the docket.
    Response: With respect to the comment that EPA must take into 
account all the effects contemplated by CAA section 612(c), the Agency 
responds that it has appropriately considered these listing decisions, 
as required by CAA section 612(c) and EPA's implementing regulations, 
including in its consideration of overall risk to human health and the 
environment compared to overall risk posed by other available or 
potentially available substitutes in the same uses. EPA evaluates not 
only relative GWP but all of the criteria for review that are required 
under the SNAP regulations at 40 CFR 82.180(a)(7) for our comparative 
risk analysis, including atmospheric

[[Page 50443]]

effects; general population risks from ambient exposure to increased 
ground-level ozone (e.g., volatile organic compound assessment) or due 
to direct toxicity of compounds; ecosystem effects (e.g.; analysis of 
impacts of breakdown products on aquatic life); flammability risks, 
occupational risks (e.g., toxicity of direct exposure to workers or 
asphyxiation risks), and consumer risks (e.g., toxicity of exposure to 
consumers at end-use). These considerations are reflected in the risk 
screens found in the docket for this rule and in the discussion 
supporting the listing decisions for the listings finalized in this 
rule. With respect to the commenter's reference to a filed SNAP 
petition to find R-454A acceptable, the Agency notes that we received a 
SNAP submission from a manufacturer but is not aware of a formal 
petition regarding this refrigerant. EPA did not propose to list R-454A 
for use in ice skating rinks, either as acceptable or unacceptable, and 
is not making a final decision in the rule regarding whether to list R-
454A in this end-use. EPA may consider listing R-454A in this or other 
end-uses in future SNAP listing rules.

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 finalizing and why?
    As previously described, EPA is listing:
     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, retail food 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 retail food 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, as acceptable, subject to use 
conditions, for use in new chillers for IPR and in IPR equipment with 
the refrigerant temperature entering the evaporator or the temperature 
of the exiting fluid less than or equal to -30[deg] C;
     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 revising 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.
    The use conditions (either as new listings or revisions to an 
existing listing) common to all listing decisions in this rule are: 
restricting the use of each refrigerant to new equipment that is 
specifically designed and clearly marked for the refrigerant; use 
consistent with ASHRAE 15-2022 and with UL 60335-2-89 (with certain 
exceptions), 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. Additional 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 requiring that these refrigerants be used only in new 
equipment which has been designed to address concerns unique to 
flammable refrigerants. In other words, none of these refrigerants are 
being listed as acceptable to 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 and is requiring that they be used only in new equipment 
which has been properly designed for their use. This use condition does 
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 listed refrigerants, EPA is incorporating 
by reference certain industry consensus safety standards in a use 
condition. Specifically, the Agency is requiring that the flammable 
refrigerants may be used only in equipment that meets requirements in 
ASHRAE 15-2022 and in UL 60335-2-89, 2nd edition (with certain 
exceptions). Exceptions include equipment that is outside the scope of 
UL 60335-2-89; equipment installed in situations where UL 60335-2-89 
refers to ``national standards'' (e.g., where equipment is installed in 
a machinery room or outdoors); and equipment installed in ``industrial 
occupancies,'' as defined in ASHRAE 15-2022. In the latter situation, 
these refrigerants must be used in equipment installed consistent with 
the requirements of ASHRAE 15-2022 without meeting the requirements of 
UL 60335-2-89.
    Section 1 of UL 60335-2-89 defines the scope of that standard. It 
lists both specific types of equipment that fall under the standard and 
equipment that falls outside the scope of the standard. Examples of 
equipment that are included within the scope of UL 60335-2-89 include 
refrigerated display and storage cabinets, refrigerated trolley 
cabinets, service counters, factory-assembled walk-in coolers and 
freezers, refrigerated food processing and dispensing equipment, 
commercial refrigeration products with rated voltage up to 15,000 V, 
and commercial ice machines. Examples of equipment that fall outside 
the scope of UL 60335-2-89 include appliances using flammable 
refrigerant in transcritical refrigeration systems, commercial 
refrigeration products with rated voltage of 15,000 V or greater, motor 
compressors, household refrigerating appliances that fall under the 
scope of UL 60335-2-24, vending machines, and professional or 
commercial ice-cream machines. This final rule does not apply to these 
types of commercial refrigeration equipment that fall outside the scope 
of UL 60335-2-89. Commercial refrigeration equipment that falls outside 
the scope of

[[Page 50444]]

UL 60335-2-89 in situations where UL 60335-2-89 refers to ``national 
standards'' is still required to meet ASHRAE 15-2022 under this final 
rule. ASHRAE 15-2022 enforces, 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 systems with large charge sizes in a machinery room or 
outdoors.
    Under the existing SNAP listings, new stand-alone units using R-290 
have been subject to a use condition to meet the requirements of 
Appendix SB of the 10th edition of UL 471. In this final action, stand-
alone units using R-290 manufactured before the effective date may 
continue to be used under SNAP and will remain in compliance with the 
existing SNAP use conditions as long as they meet the applicable use 
conditions when they were manufactured. New stand-alone units using R-
290 manufactured from the effective date of this final rule through 
September 29, 2024, must meet the requirements of either Appendix SB of 
the 10th edition of UL 471 or UL 60335-2-89, dependent upon which 
standard they were certified, to comply with the use conditions 
established in this final action. Similarly, new stand-alone units 
using R-290 that are manufactured on or after September 30, 2024, must 
meet the requirements of UL 60335-2-89, rather than the earlier UL 
standards, unless the new stand-alone units remain essentially 
unchanged from an earlier model or design that was already UL-listed to 
the earlier UL 471 standard.
    Similarly, under the use conditions in the existing SNAP listings, 
new self-contained commercial ice machines using R-290 have been 
subject to the requirements of Appendix SA of the 8th edition of UL 
563. In this final action, commercial ice machines using R-290 
manufactured before the effective date of this final rule may continue 
to be used under SNAP and will remain in compliance with the SNAP use 
conditions as long as they met the applicable use conditions when they 
were manufactured. New self-contained commercial ice machines using R-
290 that are manufactured from the effective date of this final rule 
through September 29, 2024, must meet the requirements of either 
Appendix SA of the 8th edition of UL 563 or UL 60335-2-89, contingent 
upon which standard the equipment was designed, to comply with the use 
conditions established in this final action. Similarly, new self-
contained commercial ice machines using R-290 that are manufactured on 
or after September 30, 2024, must meet the requirements of UL 60335-2-
89, rather than the earlier UL standards, unless the new stand-alone 
units remain essentially unchanged from an earlier model or design that 
was already UL-listed to the earlier UL 563 standard.
    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 through 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 
relying 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 the 2nd edition of UL 60335-2-89 
as they affect the listed refrigerants and end-uses is offered here for 
information only and does not provide a complete review of the 
requirements in this standard. Please consult the standard itself for 
additional information.
    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. 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); means of mitigation (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 
(e.g., 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, for a field-charged 
system, if the refrigerant circuit with the greatest mass of an A2L 
refrigerant contains more than 260 times the LFL (in kg/m\3\), such a 
refrigerant circuit can only be used outdoors or in a machinery room 
where the requirements of ASHRAE 15-2022 apply. For example, HFC-32 has 
an LFL of approximately 0.307 kg/m\3\ (0.0192 lb/ft\3\); therefore, a 
single refrigerant circuit exceeding 79.82 kg (176.0 lb) would fall 
outside the scope of UL 60335-2-89. In such situations, the refrigerant 
circuit 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 (approximately 500 g of R-290) 
for equipment that is open and contains no doors or drawers and eight 
times the LFL (approximately 300 g of R-290) for equipment with doors 
or drawers. EPA expects that many types of retail

[[Page 50445]]

refrigeration equipment could exceed these charge thresholds and 
therefore is finalizing that an additional safety standard, ASHRAE 15-
2022, apply to commercial refrigeration equipment using flammable 
refrigerants, as discussed in section II.A of this preamble. ASHRAE 15-
2022 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. In addition, ASHRAE 15-
2022 refers to some spaces as ``industrial occupancies,'' in which 
refrigerating systems must follow ASHRAE 15-2022 and businesses may 
have custom-designed refrigeration equipment that has not typically 
been designed to meet UL standards for products. ASHRAE 15-2022 defines 
``industrial occupancies'' as ``a premise or that portion of a premise 
that is not open to the public, where access by authorized persons is 
controlled, and that is used to manufacture, process, or store goods 
such as chemicals, food, ice, meat, or petroleum.'' Many, but not all, 
spaces where IPR equipment, cold storage warehouses, and ice skating 
rink systems are used qualify as industrial occupancies.
    Under the existing SNAP listings, new stand-alone units using R-290 
have been subject to a use condition to meet the requirements of 
Appendix SB of the 10th edition of UL 471. In this final action, stand-
alone units using R-290 manufactured before the effective date may 
continue to be used under SNAP and will remain in compliance with the 
existing SNAP use conditions as long as they meet the applicable use 
conditions when they were manufactured. New stand-alone units using R-
290 manufactured from the effective date of this final rule through 
September 29, 2024, must meet the requirements of either Appendix SB of 
the 10th edition of UL 471 or UL 60335-2-89 to comply with the use 
conditions established in this final action. Similarly, new stand-alone 
units using R-290 that are manufactured on or after September 30, 2024, 
must meet the requirements of UL 60335-2-89, rather than the earlier UL 
standards, unless the new stand-alone units remain essentially 
unchanged from an earlier model or design that was already UL-listed to 
the earlier UL 471 standard.
    Similarly, under the existing SNAP listings, new self-contained 
commercial ice machines using R-290 have been subject to the 
requirements of Appendix SA of the 8th edition of UL 563. In this final 
action, commercial ice machines using R-290 manufactured before the 
effective date of this final rule may continue to be used under SNAP 
and will remain in compliance with the SNAP use conditions as long as 
they met the applicable use conditions when they were manufactured. New 
self-contained commercial ice machines using R-290 that are 
manufactured from the effective date of this final rule through 
September 29, 2024, must meet the requirements of either Appendix SA of 
the 8th edition of UL 563 or UL 60335-2-89 to comply with the use 
conditions established in this final action. Similarly, new self-
contained commercial ice machines using R-290 that are manufactured on 
or after September 30, 2024, must meet the requirements of UL 60335-2-
89, rather than the earlier UL standards, unless the new stand-alone 
units remain essentially unchanged from an earlier model or design that 
was already UL-listed to the earlier UL 471 standard.
Warning Labels--Equipment With A2L Refrigerants
    EPA is requiring 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 listed lower flammability (A2L) refrigerants. The text 
of these labels can also be found in Annex 101.DVV of UL 60335-2-89. 
References to ``the UL standard'' below are to UL 60335-2-89, 2nd 
edition. 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.''
    a. If the equipment is delivered packaged, this label shall be 
applied on the packaging.
    b. If the equipment is not delivered packaged, this label shall be 
applied on the outside of the 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 a 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 a or b, 
respectively.
    5. On indoor unit near the nameplate:
    a. 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 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.
    b. Immediately below 5.a or at the top of the marking if 5.a is not 
required: ``Minimum room area (operating or storage), Y m\2\ (Z 
ft\2\)''. The terms ``Y'' and ``Z'' shall be replaced by the numeric 
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 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 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

[[Page 50446]]

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 requiring 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 requiring that the minimum height for lettering be \1/4\ inch as 
opposed to \1/8\ inch. This will 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 final use condition for refrigerated food processing and 
dispensing equipment and a revision to existing use conditions for 
stand-alone units and commercial ice machines, EPA is requiring 
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. References to 
``the UL standard'' below are to UL 60335-2-89. 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.''
    a. If the equipment is delivered packaged, this label shall be 
applied on the packaging.
    b. If the equipment is not delivered packaged, this label shall be 
applied on the outside of the 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 a 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 a or b, 
respectively.
    5. On indoor unit near the nameplate:
    a. 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 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.
    b. Immediately below 5.a or at the top of the marking if 5.a is not 
required: ``Minimum room area (operating or storage), Y m\2\ (Z 
ft\2\)''. The terms ``Y'' and ``Z'' shall be replaced by the numeric 
area as calculated per 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 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 but slightly different from 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 requiring in this action.
Markings
    EPA is requiring 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 finalized are required 
by UL 60335-2-89 for all flammable refrigerants. EPA is requiring that 
such markings apply through the SNAP use conditions as well to 
establish a common, familiar, and standard means of identifying the use 
of a flammable refrigerant.
    These red markings allow technicians to immediately identify the 
use of a flammable refrigerant, thereby reducing the risk of using 
sparking equipment or otherwise having an ignition source nearby. It 
also provides adequate notification of the presence of flammable 
refrigerants for personnel disposing of appliances containing flammable 
refrigerants. 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 and some industry 
standards. 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 and 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 equipment wherever these are listed acceptable, subject 
to use conditions.

[[Page 50447]]

All such tubing must be colored red PMS #185 or RAL 3020. 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, may be used. The 
colored plastic sleeve, cap, or tape must have to be forcibly removed 
to access the service tube and must be replaced if 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 requiring the use of color-coded hoses or piping in addition 
to requiring the use of warning labels discussed previously. Having two 
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 proposed a 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. After considering public comments, EPA is not finalizing a 
requirement for the diamond symbol in this rule (see section II.H.3 of 
this preamble). However, manufacturers will be required to place either 
the red triangle symbol described in UL 60335-2-89, 2nd edition, or the 
red diamond symbol that was proposed (for more information, see section 
II.H.3 of this preamble), or both.
    For those that choose to comply with fire hazard marking in this 
rule by using the red-bordered diamond, refer to the symbol which has 
been finalized for hazard category 1 flammable gases in the docket for 
this rulemaking under the title, ``Final Flammability Hazard 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. 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.
    For those that choose to comply with fire hazard markings in this 
rule by using the red-bordered diamond, this marking shall 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 the refrigeration equipment that 
is charged in place. These locations correspond with the locations for 
red markings and for 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. If used, the diamond symbol for hazard category 1 
flammable gases needs to be at least 15 mm (9/16 inches high). The 
Agency notes that it may propose to require the adoption of this symbol 
in a future rulemaking when a new edition of UL 2-89 is released.
2. What additional information is EPA including in these listings?
    For retail food refrigeration, commercial ice machines, IPR, cold 
storage warehouses, and ice skating rinks with remote compressors, EPA 
is including recommendations, found in the ``Further Information'' 
column of the regulatory text, to protect personnel from the risks of 
using flammable refrigerants. Similar to our previous listings of 
flammable refrigerants, EPA is including information on the OSHA 
requirements at 29 CFR part 1910, proper ventilation, personal 
protective equipment, fire extinguishers, use of spark-proof tools and 
equipment designed for flammable refrigerants, and training. Since this 
additional information is not part of the regulatory decision under 
SNAP, these statements are not binding for use of the substitute under 
the SNAP program. While the items listed are not legally binding under 
the SNAP program, EPA encourages users of substitutes to apply all 
statements in the ``Further Information'' column in their use of these 
refrigerants.
3. How is EPA responding to comments on use conditions?
    Comment: Four commenters suggested clarifications surrounding 
manufacturers' use of R-290 in self-contained products (150 grams or 
less). The commenters stated that the proposal references a sunset of 
UL 471. They noted that UL will allow manufacturers to continue under 
UL 471 and UL 563 requirements until a significant product change is 
made or the manufacturer withdraws their file. The commenters stated 
that only at that time will R-290 equipment become subject to 60335-2-
89. They asked for EPA to clarify this in the final rule.
    Response: EPA thanks the commenters for bringing to our attention 
that UL allows manufacturers to continue manufacturing equipment under 
UL 471 or UL 563 requirements until a significant product change is 
made or the manufacturer withdraws their UL listing file. As discussed 
above, certain listings in this final rule include an option for new 
equipment using R-290 to be manufactured according to UL 471 and UL 563 
if certain criteria are met. Further, we note that UL 471, UL 563, and 
UL 60335-2-89 all address the potential hazards of using flammable 
refrigerants. Thus, these listings include options for new equipment to 
meet any of these standards, provided that, for UL 471 or 563, the 
equipment or model was designed and UL-listed according to one of those 
standards before the sunset date of UL 471 or UL 563.
    Comment: Six commenters requested that EPA align its proposal with 
regard to existing safety standards for A2Ls and other flammable 
refrigerants. These commenters noted that for the end-uses in the 
proposal ASHRAE 15 is the appropriate standard, with UL 60335-2-89 only 
applicable in certain end-uses. They noted that equipment is built to 
ASHRAE 15, B31.5 or B31.3, National Electrical Code (NEC) and possibly 
IIAR standards; therefore, compliance with UL 60335-2-89 for these end-
uses could create conflict within the industry.
    Several commenters stated there was misalignment in standards and 
the proposal for specific end-uses. Three commenters noted that for 
systems located in industrial occupancies, ASHRAE 15 states these 
locations do not have to be listed to UL 60335-2-89 and charge limits 
do not apply. These commenters stated that some IPR, IPR chiller, cold 
storage warehouse, and ice skating rink applications located in 
industrial occupancies would fall outside the scope of UL 60335-2-89. 
For IPR chillers, a different commenter stated that the application of 
UL 60335-2-89 is sufficient to mitigate the risks posed by the use of 
A2L refrigerants because of the requirements for preventing ignition of 
A2L refrigerants from electrical parts/devices and hot surfaces, the 
detection system for A2L refrigerants, the manual of operation, 
service, and installation, the warning labels and markings, and the 
competence of personnel. Four commenters noted that professional ice 
cream appliances are specifically excluded from the scope of UL 60335-
2-89, and that this equipment follows UL 621, which has not been 
updated to allow for use of flammable refrigerants.

[[Page 50448]]

One commenter added that for SNAP 26 to apply to ice cream machines the 
use conditions must include UL 621 and 60335-2-89.
    Response: EPA agrees with the commenters that ASHRAE 15 is an 
applicable standard to all the end-uses in this rule, with UL 60335-2-
89 applicable to certain applications in the end-uses of this rule. UL 
60335-2-89 should be followed where applicable in addition to the 
standard requirements under ASHRAE 15. Based on EPA's review of UL 
60335-2-89 and conversations with UL, it is EPA's understanding that 
some IPR, IPR chiller, cold storage warehouse, and ice skating rink 
applications located in industrial occupancies have not followed UL 
60335-2-89 and instead have followed ASHRAE 15. After considering all 
the public comments on the proposal, we are finalizing use conditions 
requiring ASHRAE 2022-15 for all substitutes listed in this rule and UL 
60335-2-89 where it applies, as use conditions for refrigerants in the 
end-uses covered by this rulemaking, with modifications in response to 
the comments received. In particular, the final regulatory text 
requires that (1) ASHRAE 15-2022 applies in all cases and (2) UL 60335-
2-89 applies, with exceptions for equipment that is outside the scope 
of UL 60335-2-89, equipment installed in situations where that standard 
refers to ``national standards,'' (i.e., ASHRAE 15), and for the 
flammability marking identified in in Clause 7.6DV D1 of UL 60335-2-89 
(where the equipment must display either or both of the red triangle or 
red bordered diamond symbol). To allow for better alignment with the 
two industry standards, EPA has revised the regulatory text concerning 
UL 60335-2-89 to state, ``These refrigerants may only be used in 
refrigeration equipment that meets all requirements in UL 60335-2-89, 
except as provided otherwise in UL 60335-2-89, in ASHRAE 15, or in this 
listing.'' EPA agrees with the commenters that equipment for 
professional (i.e., not household or consumer) ice cream appliances is 
not covered by UL 60335-2-89 and instead follows UL 621, Ice Cream 
Makers; and as such, ice cream appliances are not covered by this 
rulemaking. EPA has revised the regulatory text to state that the 
listings for refrigerated processing and dispensing equipment do not 
apply to refrigerated processing and dispensing equipment that is 
within the scope of UL 621 (Ice Cream Makers).
    Determining the coverage of UL standards to applications not 
covered in this rule is outside the scope of this rulemaking. New 
equipment covered by the end-uses in this rule must comply with ASHRAE 
15 in all instances, and with UL 60335-2-89 where applicable. Further, 
EPA is allowing for exceptions from the requirement to meet UL 60335-2-
89 for equipment that falls outside that standard's scope, which means 
that commercial or professional ice cream makers are not required to 
meet that standard. As described in NOTE 103 in UL 60335-2-89, ``This 
standard does not apply to . . .

--Appliances using flammable refrigerant in transcritical refrigeration 
systems;
--domestic refrigerating appliances (IEC 60335-2-24);
--motor-compressors (IEC 60335-2-34);
--vending machines (IEC 60335-2-75);
--professional ice-cream appliances (IEC 60335-2-118);
--laboratory refrigerators and freezers (for Canada only. In Canada, 
the applicable standard for laboratory refrigerators and freezers is 
CSA C22.2 No. 61010-2-011.)''

    Comment: Three commenters requested that EPA clarify the 
terminology in the proposal, noting that both ASHRAE 15 and UL 60335-2-
89 use the term ``releasable charge'' where EPA used the term 
``refrigerant charge.'' To ensure alignment and minimize confusion, 
they asked EPA to amend the appropriate terminology used in ASHRAE 15 
and UL 60335-2-89 standards. One commenter elaborated that the 
``releasable charge'' is how much refrigerant can be leaked into the 
space, which could be all of the charge for small systems or the 
remaining refrigerant after a refrigerant detector identifies a leak 
and causes safety solenoids to close and isolate refrigerant in larger 
systems. Similarly, two of these commenters noted that ASHRAE and EPA 
rely on a different definition of ``independent circuit'' and asked EPA 
to align its proposal with the ASHRAE definition.
    Response: EPA has clarified the term ``releasable charge'' in the 
final risk screens supporting this rule, including amended scenarios 
with this measure where appropriate. EPA notes that the releasable 
charge may be used to calculate the maximum allowable charge for each 
unit or system to which UL 60335-2-89 and/or ASHRAE 15 applies. EPA 
agrees with the commenter that the releasable charge is the maximum 
quantity of refrigerant that could be released or leaked into the 
space. However, we are retaining the proposed term ``refrigerant charge 
capacity'' in this rule when referring to charge size limits in the use 
conditions for R-454A. The charge size capacity is easily determined by 
looking at the nameplate for refrigeration equipment, allowing for ease 
of determining compliance and of enforcing regulations. Further, this 
allows for consistency with limitations in the 2023 Technology 
Transitions Rule, reducing confusion for the regulated community.
    Regarding the comment on the definition of ``independent circuit,'' 
EPA used the term ``refrigerant circuit'' in the proposed rule and did 
not use the term ``independent circuit.'' The Agency has used the term 
``refrigerant circuit'' in previous SNAP regulations concerning 
flammable refrigerants, as well. ASHRAE's definition of ``independent 
circuit'' is ``a closed refrigeration circuit that is arranged in such 
a manner that, in the event of a single point of failure, the release 
of refrigerant is limited to only the quantity contained within the 
refrigeration circuit.'' EPA recognizes that the definition of 
``independent circuit'' is consistent with the concept of releasable 
charge. It is not clear from the comments in which situations the 
commenters thought that the Agency should be using ASHRAE's term 
``independent circuit.'' However, in response, in this preamble to the 
final rule, EPA is clarifying that the charge size or releasable charge 
requirements apply to each independent circuit. For example, for a 
cascade system, each of the circuits is independent of the others, and 
the charge limits apply to individual circuits, not to the entire 
cascade system.
    Comment: Five commenters flagged inconsistencies with regard to the 
charge sizes mentioned in the proposal. These commenters noted that UL 
60335-2-89 allows compressor units, condensing units, and condenser 
units containing a refrigerant charge over m3 (260 times the LFL) in a 
machinery room or outdoors in compliance with ASHRAE 15; meaning that 
this part of the system can exceed 260 times the LFL, if installed in a 
machinery room or outdoors with additional charge of refrigerant 
allowed in parts of the system entering an indoor space. One of these 
commenters provided more in-depth comments detailing specific passages 
and annexes within the standard for EPA reference. One commenter noted 
that there is work ongoing between ASHRAE and UL to align requirements 
and provide clarity as to if just the condensing unit, compressor unit, 
or evaporating unit must be in a machine room or outdoors (as per UL), 
or if all refrigerant containing parts must be in a machine room (as 
per ASHRAE).

[[Page 50449]]

    Response: EPA thanks the commenters for bringing to our attention 
the inconsistencies regarding charge sizes mentioned in the proposal as 
it relates to industry standards and the ongoing work to align those 
standards. EPA agrees with the commenters that the UL 60335-2-89 
standard allows charge over m3 (260 times the LFL) for equipment 
located in a machinery room or outdoors in compliance with ASHRAE 15. 
In response to these comments, EPA has edited this language in the 
final rule by stating in each listing that ``These refrigerants may 
only be used in refrigeration equipment that meets all requirements in 
UL 60335-2-89,1 2 3 except as provided otherwise in UL 
60335-2-89, in ASHRAE 15-2022, or in this listing . . .''
    Comment: Several commenters referenced industry standards with 
regard to specific refrigerants. A commenter asked that EPA not allow 
refrigerant charge limits that exceed U.S. industry safety standards, 
noting that the table in Appendix R lists HFC-32, R-290, and R-441A as 
``Acceptable subject to use conditions,'' with refrigerant charge 
limits of 1,000 g, 300 g, or 330 g. However, they asserted that U.S. 
industry safety standards, such as UL 484, UL 60335-2-40, and ASHRAE 
15, do not allow these charge limits. Another commenter generally 
supported the use of UL 60335-2-89 but noted that the LFL for R-455A 
was incorrect in the standard's 2nd edition (0.317 kg/m\3\) while the 
3rd edition of UL 60335-2-89 contains the correct LFL value (0.432 kg/
m\3\). The commenter noted that using the value from the 2nd edition 
could result in a reduction of allowable charge sizes for R-455A. They 
suggested EPA refer to the LFL value for R-455A from the ASHRAE 34-
2022. Three commenters also supported modified use conditions for 
hydrocarbons, and specifically R-290, as outlined in UL 60335-2-89. 
They noted that the standard allows self-contained equipment with more 
than 150 grams and up to 500 grams of A2L and A3 flammable 
refrigerants.
    Response: EPA did not open for comment the listings for air 
conditioning and heat pump equipment in appendix R to 40 CFR part 82, 
subpart G mentioned by the commenter. Rather, those entries were 
republished ``to bring the table in line with the Office of the Federal 
Register's general requirement for orderly codification by: adding 
entry numbers, replacing prohibited language, and properly formatting 
the footnotes'' (87 FR at 45509; July 28, 2022). EPA considers the 
comment on the content of those existing listings to be outside of the 
scope of this rulemaking.
    In response to the comment regarding the incorrect LFL value from 
the standard's 2ndd edition for R-455A, EPA agrees that this value 
could result in a reduction of allowable charge sizes for R-455A. In 
this final rule and in EPA's finalized risk screens, EPA used 0.432 kg/
m\3\ as the LFL for R-455A, which is the value used in ASHRAE 34-2022.
    In this final rule, EPA is modifying use conditions for R-290 to 
allow larger charge sizes for retail food refrigeration--stand-alone 
units, self-contained retail food refrigeration--refrigerated food 
processing and dispensing equipment, and self-contained commercial ice 
machines, consistent with UL 60335-2-89. EPA acknowledges the 
commenters' support for these listings.
    Comment: Three commenters requested that EPA draft the final rule 
so that the latest industry standards are always incorporated by 
reference. The commenters stated that doing so would increase alignment 
with safety standards while decreasing the need for revisions by EPA. 
One commenter requested that EPA consider listing additional 
refrigerants that were not in the proposal to enable the technology 
transitions proposed under the AIM Act.
    Response: Regarding the commenters request regarding an automatic 
process for updating standards, EPA does not have a process to 
automatically incorporate future standards into the rules, as the 
Agency must review each particular iteration of a standard to 
understand it, determine whether it is appropriate for inclusion in the 
SNAP rules, and identify whether there are any concerns and if so how 
to address those. Additionally, EPA has often incorporated industry 
standards by reference, rather than drafting new language, copying 
specific language from industry standards, or recommending rather than 
requiring that industry follow standards. Updating the standard 
referenced in a SNAP listing involves a change to regulations, and the 
Agency uses a notice-and-comment rulemaking process to change the 
standard that is incorporated into regulations. EPA will continue to 
consider changes to relevant standards, and the Agency may consider 
whether any revisions to the SNAP program regulations, including 
considering approaches that do not rely on incorporating standards by 
reference, should be proposed at a future date.
    In response to comments related to listing additional refrigerants 
that were not in the proposal to enable technology transitions in 
regulations under the AIM Act, EPA notes that the requested additional 
listings are outside the scope of this rulemaking. EPA intends to 
continue reviewing substitutes under the SNAP program, including 
refrigerants that may provide more options to comply with regulations 
issued under the Technology Transitions program, as suggested by the 
commenters, and consider whether listing of such substitutes is 
appropriate under SNAP.
    Comment: One commenter noted uncertainty related to ASHRAE 15 in 
that it provides information on the use of A2L refrigerants in large 
remote systems but does not specify where to place leak detection 
equipment; for example, whether leaked refrigerant will dissipate or 
accumulate in particular locations. The commenter stated that the 
engineer of record designing these applications would need to work 
through such situations.
    Response: EPA agrees that some situations may call for an engineer 
to decide on the implementation of industry standards, particularly in 
cases where the standards do not specify information on a particular 
topic. Uncertainty, however, related to ASHRAE 15-2022 specifications 
on leak detection is outside the scope of this rulemaking.
    Comment: Eight commenters provided input on labeling, markings, and 
fittings for flammable refrigerants. One commenter added that safety 
standards like UL 60335-2-40 and UL 60335-2-89 are developed through a 
consensus process with involvement from a wide variety of stakeholders 
based on industry research, knowledge, and best practices. One 
commenter mentioned that multiple standards recognize a class of less 
flammable gases, such as category 1B flammable gases in the 7th edition 
of the Globally Harmonized System of Classification and Labeling of 
Chemicals (GHS)--to which OSHA recently harmonized its Hazard 
Communication Standard. This commenter also stated that fire and 
building codes such as the International Code Council and the National 
Fire Protection Association's compressed gas code recognize the 
differences between flammability classes 2L and 2 and 3 in ASHRAE 34 
and category 1A and 1B flammable gases in the GHS and suggested that 
EPA should prescribe use conditions according to this distinction to be 
consistent with international practice, other Federal agencies, 
industry standards and building codes. Two commenters stated that 
existing industry standards related to packaging and warning labels are 
adequate to

[[Page 50450]]

address safety concerns associated with A2Ls.
    Response: EPA agrees with the commenter that safety standards, like 
UL 60335-2-40 and UL 60335-2-89, were developed in an open and 
consensus-based approach, with the assistance of experts in the AC 
industry as well as experts involved in assessing the safety of 
products. However, given EPA's stated concern for providing sufficient 
warning to technicians, end users, the public, and first responders, 
and our understanding that these groups are not sufficiently 
represented in the development of the standards, EPA is finalizing use 
conditions and the Agency concludes that it is appropriate to impose 
different marking and labeling requirements for A2L refrigerants from 
those in UL 60335-3-89. The Agency considers these marking and labeling 
requirements to attract attention and to provide more warning than the 
approach suggested by the commenters for A2L refrigerants. In response 
to the comment about consistency with international practice, other 
Federal agencies, industry standards and building codes that already 
recognize distinctions between 2L and 2 or 3 flammability 
classifications, in this final rule we are setting mitigation and 
charge requirements that recognize distinctions, consistent with UL 
60335-2-89 and ASHRAE 15. The additional requirement for red markings 
and similar labeling requirements to standards with the same wording, 
but in larger font for A2L refrigerants, will improve visibility of 
warnings. This approach is the same as that in our previous rules on 
flammable refrigerants (e.g.,76 FR 78832, December 20, 2011; 80 FR 
19454, April 10, 2015; and 86 FR 24444, May 6, 2021).
    Comment: Commenters provided comments on specific marking 
provisions included in the proposed rule. Six commenters noted that 
EPA's proposal does not align with existing industry standards, namely 
UL 60335-2-89 and/or UL 60335-2-40, that do not require red markings 
for mildly flammable refrigerants (i.e., A2Ls) but do require red 
markings for A2 and A3 refrigerants that have higher flammability. They 
urged EPA to align with existing standards. Five commenters requested 
that proposed red marking on pipes, hoses, and other devices for A2L 
refrigerants be lessened or removed. Three commenters noted that UL has 
removed this requirement for equipment with A2L refrigerants. Two 
commenters stated that since A2L refrigerants are much less flammable 
than A3 refrigerants, the use of red or colored service port caps would 
be sufficient for a technician to distinguish between an A2L system and 
an A3 system (e.g., the flame symbol applied to equipment near all 
ports for all flammable refrigerants will be an indicator of 
flammability to technicians). They stated that the red Pantone[supreg] 
marking is justified for A2 and A3 systems, given the significant 
flammability identified in testing. Another commenter sought to clarify 
EPA's proposal, stating that the way it currently reads, it would mean 
that all piping would need to be red. Another commenter asserted that 
SNAP should require the red tubing markings on all units containing 
flammable refrigerants, inclusive of all A2L, A2, A3 and B2L units for 
safety reasons.
    A different commenter questioned whether the proposal should be 
consistent with the SNAP Rule 25 where Red Pantone[supreg] #185 was 
used to indicate the presence of a flammable refrigerant.
    Response: EPA is finalizing as proposed to require as a use 
condition that the listed refrigerants must be used in refrigerating 
equipment that has red, PMS #185 or RAL 3020 marked pipes, hoses, and 
other devices through which the refrigerant is serviced, to indicate 
the use of a flammable refrigerant. EPA had the same requirement in 
SNAP Rule 25.
    Consistent with other rules promulgated under CAA section 612, 
EPA's requirements of red markings add an extra layer of safety on top 
of the labels required under the UL standards, and EPA concludes this 
extra protection is appropriate for this listing under SNAP. As 
previously noted, these types of red markings would signal to the 
technician that the refrigerant circuit that she/he was about to access 
contained a flammable refrigerant, even if all warning labels were 
somehow removed or were illegible or not understood (e.g., for non-
English speakers), and would provide similar notification to consumers, 
retail store owners, building owners and operators, first responders, 
and those disposing the appliance. We understand that UL 60335-2-89 
treats A2L and A3 refrigerants differently and that red markings are 
required by the UL standard for A2 and A3 refrigerants, but not for A2L 
refrigerants. For this SNAP listing, as in our past listings for A3 
(and also A2L) refrigerants, EPA concluded that it is most important to 
warn technicians that there is a flammable refrigerant present, not 
whether it is specifically an A2L, A2, or A3 refrigerant. Once warned, 
we would expect the technician to then seek to know which refrigerant 
is used and to proceed accordingly. While we understand that the 
flammability risk can be considered `lower' when using A2L refrigerants 
compared to A3 refrigerants because of their higher LFL and higher 
minimum ignition energy, a risk does exist compared to nonflammable 
refrigerants. The red markings provide an additional warning to 
technicians, consumers, retail store owners, building owners and 
operators, first responders, and those disposing the appliance. We also 
note that the use of red markings is already required for past actions 
for flammable refrigerants (76 FR 78832, December 20, 2011; and 80 FR 
19454, April 10, 2015; and 86 FR 24444, May 6, 2021), and we are not 
aware that the marking requirements have led to any confusion.
    Concerning the comment that to meet the proposed use condition, all 
piping would need to be red, EPA does not intend such a broad 
interpretation of the use condition for red markings. The requirement 
is intended to mandate red markings of at least one inch in each 
direction to go on locations such as a servicing port or processing 
tube. For self-contained equipment that does not have a servicing port 
or processing tube, a red marking, ring, or sleeve that extends at 
least one inch in each direction from a location on tubing that is 
likely or recommended for servicing or recovering refrigerant is 
sufficient.
    EPA is finalizing that such markings apply to these A2L 
refrigerants as well, to establish a common, familiar, and standard 
means of identifying the use of a flammable refrigerant. After 
considering all the public comments on this proposal, we are finalizing 
this use condition as proposed.
    Comment: Five commenters mentioned the labeling requirements as 
they pertain to SNAP Rules 23 and/or 25. Three commenters asked that 
EPA remove the labeling requirements from this rule as well as earlier 
SNAP rules to eliminate inconsistencies with existing standards. One 
commenter noted concerns around label size, stating that the font must 
be legible, but not so large that the label cannot fit on the product. 
They noted that small condensing units have limited space and meeting 
the existing requirements is a challenge.
    Response: EPA agrees with the commenter that the font must be 
legible and fit on the product. EPA is finalizing that the labels must 
be provided in letters no less than 6.4 mm (1/4 inch) high, as 
proposed, as this is a reasonable size even for small condensing units 
with limited space. The warning labels EPA is finalizing are similar to 
those

[[Page 50451]]

required as use conditions in SNAP Rule 23 and 25 (86 FR 24463, May 6, 
2021). Labels indicating flammability risk are critical to assuring 
proper identification and handling of equipment containing potentially 
dangerous refrigerants. Using a common set of labels aids in 
recognition and compliance, especially for a manufacturer that uses 
more than one refrigerant. EPA also notes that comments requesting 
changes to requirements in other SNAP rules such as SNAP Rule 23 or 25 
fall outside the scope of this rulemaking.
    Comment: A commenter stated that EPA's proposal to add a new 
diamond symbol would unduly burden manufacturers, asserting that the 
proposed new symbol fails to serve any additional purpose given the 
presence of the red triangle.
    Response: The Agency agrees with the comment that requiring the ISO 
7000-W021 flammability warning symbol in addition to the one that is 
presently required by UL 60335-2-89 may place a burden on 
manufacturers. As explained by the commenter, the existing edition of 
UL 60336-2-89, the 2nd edition, requires a red triangle while the 3rd 
edition under development, which the Agency understands will require a 
GHS equal-sided diamond with a red outline and a flame symbol on a 
white background for hazard category 1 flammable gases, is not yet 
published. The Agency also understands after consulting with fire 
service groups that the red triangle symbol in the present edition of 
UL 2-89 may not be immediately recognized in the presence of a 
flammable refrigerant. This is because a similar black symbol on a 
yellow triangle would refer first responder fire servicers 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.
    Therefore, rather than requiring both symbols at this time, EPA is 
finalizing to incorporate by reference UL 60335-2-89, with the 
exception that manufacturers may choose which of the two proposed 
flammability symbols to use. Manufacturers may choose to include either 
the red triangle warning symbol required in UL 60335-2-89, 2nd edition, 
or manufacturers may choose to include the red diamond proposed. At 
least one of these two symbols must be placed on refrigeration 
equipment covered by this rule that uses flammable (e.g., A2L or A3) 
refrigerants. If manufacturers choose to include the red triangle 
symbol instructed in the 2nd edition of UL 60335-2-89, then all 
requirements, including those that refer to placement and size, must be 
followed accordingly. If manufacturers choose to include the red 
diamond symbol proposed by EPA, all of the following requirements, 
including those that refer to placement and size, must be followed 
accordingly. EPA notes that if the diamond symbol is adopted in the 3rd 
edition of UL 60335-2-89, manufacturers would be able to use it before 
the Agency would adopt the 3rd edition, potentially reducing conflicts 
between EPA's regulations and the UL standard.
    Comment: Three commenters requested that EPA increase the charge 
limits for R-454A in the final rule. One of these commenters requested 
that EPA not limit the use of R-454A to less than 200 pounds in the 
IPR, cold storage warehouse, and ice skating rink sectors. The 
commenter stated that systems in these sectors require charge sizes 
larger than 200 pounds and that R-454A is a more energy efficient and 
higher capacity alternative with a GWP of less than 150. The commenter 
stated that charge limits for systems in these sectors are not 
restricted by UL 60355-2-89 and that listing and installation 
requirements of this standard would apply to few systems in industrial 
occupancies. Another commenter stated that for R-454A applying a 200-
pound charge limit is not appropriate. Another of these commenters 
noted that the proposal stated that the 200-pound limit for use of R-
454A in remote condensing units and supermarkets is inconsistent with 
ASHRAE 15 and UL 60335-2-89. The commenter stated that systems 
following both of the standards could have charge sizes greater than 
260 times the LFL, or 200 pounds, if the releasable charges in an 
indoor space did not exceed either standard's limits. They requested 
that EPA harmonize with UL 60335-2-89 and ASHRAE 15 on charge limits 
rather than imposing a charge limit distinct from the safety standards. 
This commenter also provided comments on use conditions for R-454A. A 
third commenter requested that EPA include language specifying the 
allowance of an ``unlimited charge'' of R-454A in cold storage and the 
high-temperature side of cascade systems.
    Response: EPA acknowledges that the 200-pound limit for remote 
condensing units and supermarkets may be inconsistent with ASHRAE 15 
and UL 60335-2-89. EPA recognizes that systems following either of 
these standards could have charge sizes up to 260 times the LFL, which 
under certain circumstances may exceed 200 pounds if the releasable 
charge in an indoor space does not exceed either standard's limit. 
However, EPA disagrees that the 200-pound limit should be implemented 
through using the charge limits that flow out of UL 60335-2-89 or 
ASHRAE 15. By requiring this charge limit as its own use condition 
separate from the standards, EPA is highlighting that this charge limit 
applies, even for use outdoors or in a machinery room. The Agency is 
requiring this use condition specifically for R-454A so that users may 
select lower-GWP refrigerants such as R-290, R-454C, R-455A, R-457A, R-
516A, or R-744 with GWPs from one to 150, for use in locations that are 
not space constrained, such as in machinery rooms or outdoors; the use 
condition still allows use of the higher-GWP and higher volumetric 
capacity refrigerant R-454A in space-constrained locations. Also see 
responses explaining EPA's rationale for listing R-454A for supermarket 
systems and remote condensing units with a use condition that 
refrigerant charge capacity be less than 200 pounds in sections II.A.6 
and II.F.6 of this preamble.
    EPA intends in this rule to differentiate between smaller systems 
that are used in occupied spaces with public access, where the greater 
volumetric capacity of R-454A is needed to fit into more constrained 
spaces, versus less constrained (or unconstrained) spaces, such as 
outdoors or in machinery rooms. R-454A has a higher GWP than most of 
the other refrigerants that EPA is listing in this rule-237 compared to 
150 or less-and has a greater volumetric capacity, as pointed out by 
the commenters. Thus, it is best used in those situations where it may 
be more difficult to use other alternatives with even lower GWPs 
because size constraints are greater--namely, where charge sizes would 
be less than 200 pounds. In highly constrained spaces, however, 
refrigerants with lower volumetric capacity and lower GWP may not 
technologically provide sufficient performance, only allowing the use 
of a higher-GWP refrigerant, like R-454A. In situations that are less 
space constrained and where only the ASHRAE 15 standard governs, such 
as in machinery rooms or outdoors, other refrigerants with lower GWP 
and lower volumetric capacity may be used and would reduce overall risk 
to human health and the environment more than R-454A. Therefore, EPA 
disagrees with commenters' requests to allow charge sizes greater than 
200 pounds of R-454A in IPR and cold storage warehouses. EPA elaborates 
that although the charge limits for some systems in these sectors are 
not

[[Page 50452]]

restricted by UL 60335-2-89 for industrial occupancies and could exceed 
the 200-pound threshold, under the Technology Transitions Rule (88 FR 
73098, October 24, 2023), refrigerants with a GWP between 150 and 300 
can still be used in accordance with the Technology Transitions Rule 
for charges less than 200 pounds in IPR, supermarket systems, remote 
condensing units, and cold storage warehouses, as well as for the high-
temperature side of a cascade system. In light of this limitation and 
after consideration of the commenters' requests that EPA include 
language specifying the allowance of an ``unlimited charge'' of R-454A 
in cold storage and the high-temperature side of cascade systems, EPA 
is listing R-454A as proposed in those end-uses. EPA clarifies that 
there is not a charge size limit on R-454A in the high-temperature side 
of a cascade system for any of the end-uses in this final rule, except 
to the extent that such a limit would be needed to be consistent with 
UL 60335-2-89 or ASHRAE 15.
    For the ice skating rinks end-use, EPA notes that the Agency did 
not propose to list R-454A as acceptable, either with or without a 
charge size limit. See section II.G.6 of this preamble concerning 
comments on listing R-454A as acceptable in ice skating rinks.

I. Exemption for R-290 From the Venting Prohibition Under CAA Section 
608 for Refrigerated Food Processing and Dispensing Equipment

1. What is EPA's final determination regarding whether venting, 
releasing, or disposing of R-290 in refrigerated food processing and 
dispensing equipment would pose a threat to the environment?
    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 IPR, 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 IPR) 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 of this preamble, EPA is listing 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 exempting R-290 in this end-use from 
the venting prohibition under CAA section 608(c)(2), on the basis of 
existing evidence that the venting, release, or disposal of this 
substance in this end-use and subject to the use conditions in this 
final action does not pose a threat to the environment. Further, as 
discussed in greater detail below, this exemption is consistent with 
decisions in past rulemakings to exempt R-290 in other specific end-
uses from the venting prohibition under CAA section 608(c)(2), and it 
reflects EPA's concern that there is not yet sufficient recovery 
equipment suitable for use with highly flammable (A3) refrigerants.
    For purposes of CAA section 608(c)(2), EPA considers two factors in 
determining whether or not venting, release, or disposal of a 
substitute refrigerant during the maintenance, servicing, repairing, or 
disposing of appliances poses a threat to the environment (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 refrigerant 
substitute, such as GWP or photochemical reactivity. Second, EPA 
determines whether and to what extent such 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 
into the environment R-290, a substitute refrigerant that we are 
listing in this rule 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 magnitudes 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 (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 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 
whether 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. The comparison of HC refrigerant emissions was matched to 
the level of the NAAQS for the purposes of illustrating that the even 
under a worst-case scenario the projected impacts on ground-level ozone 
are small. Based on the analysis and modeling results described in 
section II.B.3 of this preamble, EPA concludes that the release of R-
290 from the refrigerated food processing and dispensing end-use, in 
addition to the HCs previously exempted from the venting prohibition 
and 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 level of the 2015 ozone NAAQS at 70 ppb.\81\ 
The highest impact refers to the greatest amount of ground-level ozone 
that could be created by the release of R-290 and other HC refrigerants 
under the analysis' most conservative scenarios.
---------------------------------------------------------------------------

    \81\ ICF, 2016. Additional Follow-on Assessment of the Potential 
Impact of Hydrocarbon Refrigerants on Ground Level Ozone 
Concentrations. September, 2016.
---------------------------------------------------------------------------

    In addition, EPA examined all HC substitute refrigerants in those 
uses for which UL currently has standards in place for flammable 
refrigerants, for which the SNAP program has already listed the uses as 
acceptable, subject to use conditions, and for which the SNAP program 
is reviewing a submission, including the one in this action. We found 
that even if all the HC refrigerant substitutes in appliances in end-
uses

[[Page 50453]]

listed acceptable, subject to use conditions, in this action and listed 
as acceptable in previous rules were to be emitted, as well as two 
hydrocarbon refrigerants that EPA ultimately listed as unacceptable in 
certain end-uses, there would be a worst-case impact of less than 0.15 
ppb for ground-level ozone in the Los Angeles area.\82\ 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. Changes in standards that are incorporated by reference as use 
conditions (requirements) in the final SNAP listings in this rule would 
allow maximum charge sizes of R-290 up to 494 g in retail food 
refrigeration-stand-alone units and retail food refrigeration-
refrigerated food processing and dispensing equipment, and self-
contained commercial ice machines. The analyses also assume R-290 and 
other, more reactive HC refrigerants, may also be used in these end-
uses, so our analysis assuming complete market penetration of HCs is 
conservative.
---------------------------------------------------------------------------

    \82\ ICF, 2014a. Assessment of the Potential Impact of 
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. 
February 2014.
---------------------------------------------------------------------------

    EPA also has performed more recent air quality analysis before the 
publication of this rule, 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.\83\ 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 reviewed, 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 2022 analysis 
compared to 7.8 ppb in Los Angeles in an analysis in 2016 looking at 
the same scenario with the same refrigerant. EPA made this comparison 
to see if that refrigerant, which the SNAP program had previously 
listed as unacceptable in certain end-uses due to its potential air 
quality impacts, would have similar, greater, or less impact using the 
updated model for the same scenario compared to the earlier version of 
the model. 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.\84\ Looking at the 2022 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 2014 and 2016 analyses, the 2022 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). For purposes of the analysis 
under CAA section 608(c)(2), the Agency considers the modeled changes 
to ground-level ozone levels to be extremely small. For instance, the 
modeled impacts on daily maximum 8 hour average ozone concentrations 
are less than 0.017 percent of the level of the 2015 ozone NAAQS of 70 
ppb.\85\ EPA considers the 2022 modeling 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, for 
purposes of determining whether to exempt these refrigerants in 
specific end-uses from the venting prohibition under CAA section 
608(c)(2).
---------------------------------------------------------------------------

    \83\ ICF, 2022. Additional Assessment of the Potential Impact of 
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. May 
2022. 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, 2022.
    \84\ ICF, 2016. Additional Follow-on Assessment of the Potential 
Impact of Hydrocarbon Refrigerants on Ground Level Ozone 
Concentrations. September 2016.
    \85\ ICF, 2020. Op cit.
---------------------------------------------------------------------------

    Considering our evaluation of these potential environmental 
impacts, EPA concludes 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
    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. 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, and 2016 
(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. For reasons discussed in 
proceeding paragraphs, EPA concludes 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.
    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 finalizing?'' and 
II.D.5, ``What updates to existing use conditions for commercial ice 
machines is EPA finalizing?'' we note that the amount of R-290 from a 
refrigerant loop is effectively limited to roughly 500 g or 300 g in 
the end-uses listed in this rule. This indicates that HC emissions from 
such uses are likely to be relatively small.
    As discussed 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 new end-use in 
this final 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

[[Page 50454]]

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 document provides recommendations and use conditions for 
its safe use (see Section II.H.2, ``What additional information is EPA 
including in these listings?''). The SNAP program's analysis finds that 
the 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 
use conditions in this final rule will 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 incorporating 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 that are incorporated in this rulemaking as use 
conditions are in the process of being adopted in the next version of 
the IBC; once the IBC adopts those standards, State 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 final determination regarding whether venting of R-290 
from refrigerated food processing and dispensing equipment is exempted 
from the venting prohibition under CAA section 608(c)(2)?
    Consistent with the listing under SNAP in this action, EPA 
determines 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 in section II.A.1 
of this preamble, EPA is making this determination on the basis of the 
inherent characteristics of this substance, the limited quantities used 
in the relevant end-use, 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 revising the regulations at 40 CFR 
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 will the exemption from the venting prohibition apply?
    This exemption for R-290 in refrigerated food processing and 
dispensing equipment applies 30 days after the publication of this 
final rule in the Federal Register, on and after July 15, 2024. This is 
the same as the effective date of the SNAP listing of R-290 in 
refrigerated food processing and dispensing equipment.
4. What is the relationship between this exemption under CAA section 
608(c)(2) and other EPA rules?
    This final exemption from the CAA section 608(c)(2) venting 
prohibition does not mean that R-290 used in refrigerated food 
processing and dispensing equipment can be vented in all situations. R-
290 released or otherwise disposed of from commercial and industrial 
appliances is 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. How is EPA responding to comments on the exemption for R-290 from 
the venting prohibition?
    Comment: Four commenters suggested that R-290 should not be exempt 
from the CAA section 608 venting prohibition. Three of these commenters 
were in favor of applying section 608 to all refrigerants, including 
hydrocarbons. One of these commenters supported a prohibition on 
venting due to R-290's flammability hazards. Another commenter noted 
the flammability concern when larger charge sizes are involved. A 
different commenter further specified that R-290's flammability and 
safety concerns could be magnified with charge sizes of 494g allowed by 
UL 60335-2-89 and potentially other U.S. standards based on proposed 
updates (e.g., ASHRAE 15.2). One commenter noted flammability concerns 
related to system designs for hydrocarbon refrigerants. They specified 
that in these systems, venting does not typically remove all the 
refrigerant and the residual hydrocarbon refrigerant can create 
flammability concerns if the system is brazed or welded.
    Response: For the reasons discussed in Section II.I of this 
preamble, ``Exemption for R-290 from the venting prohibition under CAA 
section 608 for refrigerated food processing and dispensing 
equipment,'' EPA disagrees with the commenters and finds that venting, 
release, or disposal of R-290 in the retail food refrigeration--
refrigerated food processing and dispensing end-use and subject to the 
use conditions listed in this action does not pose a threat to

[[Page 50455]]

the environment. EPA's decision is based on consideration of multiple 
environmental characteristics. The comments do not provide sufficient 
analysis to support a reason for EPA to change our proposed conclusion 
that the venting permitted by this exemption of these refrigerant 
substitutes in these end-uses, subject to the required use conditions, 
do not pose a threat to the environment, or to change this final rule 
so that they would not be exempt from the venting prohibition. EPA 
evaluated risk associated with scenarios with charge sizes larger than 
494 g in stand-alone units and refrigerated food processing and 
dispensing equipment and concluded that R-290 is acceptable for these 
specific end-uses with use conditions according to industry standards. 
For example, flammability risks can be addressed for stand-alone units 
and refrigerated food processing and dispensing equipment by installing 
the equipment in a space with appropriate capacity and charge size for 
the intended area, and following manufacturer guidelines and safety 
standards (ASHRAE 15, ASHRAE 34, UL 60335-3-89). EPA also notes that 
its evaluation of substitutes is based on the information currently 
available; proposed updates that are not yet released did not factor 
into the listings of this rule. As discussed in the use conditions for 
R-290, venting is allowed during the maintenance, servicing, repair, or 
disposal of specific appliances, like stand-alone and refrigerated food 
processing and dispensing equipment. Regarding the commenter's concern 
that venting does not typically remove all the refrigerant from these 
systems, EPA responds that proper handling and flammability warning 
labels as described in section II.H of this preamble serve a 
preventative role by notifying trained personnel handling equipment 
about the presence of a flammable refrigerant, even in the unlikely 
event that there would be a sufficient residue of R-290 left after 
venting to create a flammability risk. EPA has also made the same 
finding for R-290 in the past, as well as for other alkane refrigerants 
(e.g., R-600a, R-441A). EPA recognizes that there are flammability 
risks both during venting and during use of recovery equipment with A3 
refrigerants; until the refrigeration and air-conditioning industry has 
further development and market penetration of recovery equipment with 
non-sparking components, the flammability risks of potentially using 
inappropriate recovery equipment with R-290 may be greater than the 
flammability risk of controlled releases of R-290 outdoors.
    In addition, EPA's exemption from the CAA venting prohibition of 
these substances in these end-uses is consistent with how other 
countries, including Australia, Japan, and those in the European Union, 
regulate the venting of hydrocarbons.
    Comment: Four commenters drew comparisons between R-290 and other 
refrigerants or classes of refrigerants. Three of these commenters 
expressed concern that allowing the venting of one type of flammable 
refrigerant may cause confusion in the industry as the use of low-GWP 
refrigerants becomes widespread. One commenter noted that if EPA's 
rationale for exempting R-290 is its low GWP, then HFOs should likewise 
be exempt. This commenter also stated that unlike R-290, HFOs are not 
VOC and do not contribute to ground-level ozone. A different commenter 
raised a climate impact concern due to the reactivity of R-290 to form 
ground-level ozone, which is also a greenhouse gas, and thus R-290 
should not be exempted from refrigerant recovery requirements. A 
different commenter noted that if hydrocarbons become more widely used, 
volumes of hydrocarbons vented could increase; while hydrocarbons 
generally have low GWPs, the GWP values do not take into account the 
total emissions from the supply chain.
    Response: In response to comments about confusion over venting only 
one type of flammable refrigerant, EPA notes that technicians should 
already be aware of these differences for other types of self-contained 
equipment using R-290, R-600a, or R-441A, and this would not change 
substantially for refrigerated food processing and dispensing 
equipment, which is less common than those other types of self-
contained equipment. Further, it is EPA's understanding that it is 
relatively uncommon for self-contained equipment to be serviced, 
compared to equipment with remote compressors, so removing R-290 from 
equipment would typically occur at disposal of the equipment.
    Concerning the comment suggesting that EPA should also exempt HFOs, 
EPA did not propose and is not finalizing an exemption for HFOs from 
the CAA prohibition to knowingly vent or otherwise knowingly release 
refrigerants. EPA disagrees with the comment that R-290's low GWP is 
the sole reason EPA is exempting R-290 from the venting prohibition. 
EPA has discussed in this section the multiple factors that it 
considers, and the fact that HFOs are subject to the venting 
prohibition is irrelevant to the R-290 analysis. Further, if EPA were 
to evaluate exempting one or more HFOs in a particular end-use from the 
venting prohibition, that analysis would appropriately focus on the 
inherent characteristics and other authorities, practices and controls 
that are relevant to HFOs in that end-use, not on the analysis for R-
290, which differs from HFOs in some respects, such as with respect to 
flammability risks and availability of appropriate recovery equipment. 
In response to the comment that there is a climate impact from 
formation of ground-level ozone, EPA acknowledges that ground-level 
ozone is a greenhouse gas; however, given the small additional amounts 
of ground-level ozone that EPA has calculated would be generated, even 
in the worst case, the additional climate impact is negligible. 
Concerning the comment regarding indirect climate impacts from 
emissions along the supply chain, EPA acknowledges that there are also 
other climate impacts in addition to direct GWP of emissions of a 
substitute. However, there would also be the same indirect climate 
impacts from emissions along the supply chain, whether EPA exempts R-
290 in refrigerated food processing and dispensing equipment from the 
CAA 608(c)(2) venting prohibition or not. The Agency has addressed the 
possibility of greater use of HC refrigerants by conservatively 
assuming complete market penetration (i.e., being the only refrigerants 
used) in all end-uses where there has been interest in the use of 
hydrocarbons to date. Thus, after considering public comments received, 
EPA's conclusions concerning exempting R-290 in refrigerated food 
processing and dispensing equipment remain the same and EPA is 
finalizing as proposed.
    Comment: A couple of commenters noted concerns related to the 
status of R-290 as a VOC. One commenter stated that HC refrigerants are 
VOC and can impact local air quality particularly in densely populated 
areas that are likely to have the most air conditioning and 
refrigeration equipment. Another commenter expressed concern for the 
apparent inconsistency presented by the proposed exemption of R-290 
from the CAA section 608(c)(2) venting prohibition versus other EPA 
regulations where R-290 is not considered VOC-exempt (i.e., is not 
excluded from the definition of VOC for the purpose of developing SIPs 
to attain and maintain the NAAQS). This commenter stated that R-290 has 
a MIR value more than twice the MIR of ethane, which EPA has used as a

[[Page 50456]]

reference point for determining whether to allow a substance to obtain 
an VOC exemption. This commenter stated that the EPA should use the 
same approach to determine whether propane should be exempt from the 
CAA section 608(c)(2) venting prohibition as whether it should be VOC-
exempt. The commenter stated that using a ``worst-case impact 
approach'' is inconsistent with previous approaches that determined VOC 
exemptions based on information showing that 1) VOC are of low 
photochemical reactivity and they can be ignored in oxidant control 
programs, or that 2) compounds more reactive than ethane continue to be 
considered VOC for regulatory purposes.
    Response: In response to these comments, EPA notes that the second 
commenter fails to recognize the distinctions between two different 
regulatory provisions. To the extent the comments relate to whether 
propane should be excluded from the definition of VOC (see 40 CFR 
51.100(s)) for the purpose of addressing the development of SIPs to 
attain and maintain the NAAQS, they are beyond the scope of this 
rulemaking and require no further response. EPA did not reopen and is 
not making any changes to 40 CFR 51.100(s) in this action.
    EPA's regulations under 40 CFR part 82, subpart F prohibit 
individuals from knowingly venting or otherwise releasing into the 
environment ozone-depleting substances or their substitutes used as a 
refrigerant while maintaining, servicing, repairing, or disposing of 
appliances or industrial process refrigeration. See 40 CFR 82.154. 
Consistent with section 608(c)(2) of the CAA, EPA has established 
regulatory exemptions from this prohibition for certain refrigerants 
used in specific end-uses where EPA has determined that the release 
does not pose a threat to the environment. The Agency considers 
multiple factors on a refrigerant-by-refrigerant basis before deciding 
to establish such an exemption from the venting prohibition under 40 
CFR 82.154. EPA has previously established exemptions from the venting 
prohibition for propane in particular end-uses. See 40 CFR 
82.154(a)(1)(viii) (exemption for R-290 in retail food refrigerators 
and freezers (stand-alone units only); household refrigerators, 
freezers, and combination refrigerators and freezers; self-contained 
room air conditioners for residential and light commercial air-
conditioning and heat pumps; vending machines; and self-contained 
commercial ice machines, very low temperature refrigeration equipment, 
and water coolers). Among other things, in establishing these 
exemptions EPA has described the analysis supporting its determination 
that venting, releasing, or disposing of propane in the particular end-
uses at issue does not pose a threat to the environment, and it has 
explained that the controlled release of propane outdoors may be the 
safest option in certain circumstances as many recovery machines are 
not equipped to properly recover highly flammable refrigerants (e.g., 
recovery machines without spark proof components).\86\ EPA is taking a 
similar approach here and its conclusions are consistent with those 
prior EPA actions. The potential environmental impact of releases of 
propane and other HC refrigerants in multiple analyses, as described 
above in section II.I.1 of this preamble. We considered the inherent 
characteristics of these substitute refrigerants and the limited 
quantities used in the relevant applications. Those analyses show 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. Based on this review, EPA concludes that the venting, 
releasing, or disposing of propane in these end-uses and subject to 
these use conditions are not expected to pose a threat to the 
environment.
---------------------------------------------------------------------------

    \86\ 81 FR 86778 at 86801.
---------------------------------------------------------------------------

    Regarding both commenters' concerns with propane's status as a VOC 
and the first commenter's concerns regarding the potential for local 
air quality impacts, the Agency clarifies that even if a substance is 
defined as a VOC under 40 CFR 51.100(s), it can still be exempted from 
the venting prohibition under CAA section 608 and 40 CFR 82.154, if the 
appropriate determination under CAA section 608(c)(2) is made. While 
EPA may consider a substance's status as a VOC under CAA regulations 
(40 CFR 51.100(s)) addressing the development of SIPs to attain and 
maintain the NAAQS in making that determination, that may not be the 
sole or determinative factor in making a determination under section 
608(c)(2), as other factors may also affect whether such venting poses 
a threat to the environment. EPA's prior decisions to provide a limited 
exemption to the venting prohibition for R-290, and other refrigerants 
that are VOC under the Agency's regulatory definition under CAA 
regulations (40 CFR 51.100(s)) addressing the development of SIPs to 
attain and maintain the NAAQS, in particular end uses are examples of 
this result. In those situations, EPA also evaluated potential local 
air quality impacts using conservative assumptions and has provided a 
limited exemption from the venting prohibition for these substitutes in 
these end-uses under section 608(c)(2) of the CAA because the Agency 
concluded that it was appropriate to make the statutory determination 
that supports the exemption from the venting prohibition. EPA is taking 
a similar approach here, as described above in section II.I.1 of this 
preamble, and is reaching the same conclusion.
    Comment: One commenter expressed concern that EPA has arbitrarily 
set a ``de minimis'' part per billion level (i.e., 0.15 ppb resulting 
from the Assessment of the Potential Impact of Hydrocarbon Refrigerants 
on Ground Level Ozone Concentrations (ICF, 2014) for purposes of 
evaluating the ozone impacts of this rule. The commenter also notes 
that there is no such impact threshold applied by EPA when considering 
whether State Implementation Plans (SIPs) adequately address sources 
within a State that may contribute to nonattainment or interference 
with maintenance of the NAAQS implying that EPA should not use an ozone 
impact threshold for the purposes of evaluating the impacts of this 
rule.
    Response: EPA disagrees with the commenter that the incremental 
value from the 2014 analysis of 0.15 ppb was applied as an arbitrary 
``de minimis'' threshold for evaluating local ozone impacts. EPA used 
the 2014 analysis containing the 0.15 ppb value in previous SNAP 
rulemakings listing HC refrigerants, as well as for this rulemaking, to 
illustrate that even the worst-case impact from HC refrigerants, 
including R-290, would be small. These analyses were considered as part 
of the overall evaluation of risks to human health and the environment 
that supported certain listing decisions in this rule, as discussed 
above. More recent analyses were performed prior to this rule's 
development and came to similar conclusions that potential local air 
quality impacts of emissions of saturated hydrocarbons used as 
refrigerants would be small; these analyses are in the docket for this 
rulemaking. For the SNAP program, as part of the analysis under 40 CFR 
82.180(a)(7), the Agency considers whether there will be increased 
overall risk to the population due to ambient exposure to increased 
ground-level ozone as a result of using the alternative refrigerants in 
the final rule, among several other criteria. The commenter appears to 
conflate the requirements for evaluating air quality impacts and 
general population risk due to exposure

[[Page 50457]]

to increased ground-level ozone for the purpose of SNAP with the 
requirements for developing State Implementation Plans to implement the 
NAAQS. The two are unrelated. This rule has no effect on development of 
State Implementation Plans or other aspects of NAAQS implementation, 
and to the extent comments are related to those subjects, they are 
beyond the scope of this rulemaking and require no further response. 
Finally, as described in this preamble, the more recent air quality 
modeling performed in 2022 demonstrated that the largest worst-case 
increase in ground-level ozone due to use of acceptable HC refrigerants 
was 0.012 ppb, which is even lower than the worst-case value, 0.15 ppb, 
from previous analysis in 2014. For purposes of a benchmark for 
comparison, the level of the 2015 NAAQS, which is currently in effect, 
is 70 ppb (as the fourth-highest daily maximum 8-hour concentration, 
averaged across three consecutive years), more than four orders of 
magnitude higher.
    Comment: One commenter suggested that EPA align its RCRA 
regulations to allow for the venting of R-290 and the other flammable 
refrigerants as allowed under 40 CFR 82.154(a). The commenter noted 
that most of the refrigerated food processing and dispensing end-use 
appliances will not be in household locations; therefore, these 
appliances will not fall under the RCRA household exemption, and the 
refrigerant cannot be vented due to RCRA regulations. The commenter 
added that R-290 from the refrigerated food processing and dispensing 
end-use will be required to be managed as hazardous waste 
(characteristic of ignitability) (e.g., recovered and managed as RCRA 
hazardous waste as opposed to venting).
    Response: EPA did not propose to revise regulations issued under 
RCRA in this rulemaking, and thus the request to revise those rules is 
outside the scope of this rulemaking.

J. How is EPA responding to other comments?

    Comment: Nine commenters broadly supported Proposed Rule 26. One 
commenter added that choice of alternatives is an important factor 
regarding assuring economic success of the ozone protection program, 
and they are generally supportive of proposed decisions that offer 
flexibility of choice and improve overall environmental performance. 
Another commenter indicated that they support EPA's application of the 
new refrigerants to cold storage warehouses, ice skating rinks, and 
industrial processes. A different commenter supported the Agency's 
efforts to further enable lower-GWP solutions in the end-uses regulated 
under the SNAP program but proposed that standard clarifications, 
listing of additional substitutes, use condition modifications, and R-
290 venting prohibitions should be included in the final SNAP Rule 26 
to advance the safe and orderly transition to lower-GWP solutions. 
These commenters' detailed comments appear under the appropriate 
section headings within this document.
    Response: EPA acknowledges the commenters' support of the listings 
in this rulemaking. EPA is finalizing many listing decisions as 
proposed and is finalizing other listing decisions with relatively 
minor changes that address and incorporate information provided in 
comments as described throughout the preamble. EPA acknowledges the 
commenter's concern for the GWPs of various refrigerants and for the 
commenter's recognition that new alternatives will be more widely 
adopted in the future. EPA plans to continue to review substitutes 
consistent with the SNAP program criteria, including atmospheric 
impacts such as GWP impacts. EPA addresses comments about standard 
clarifications and use conditions in section II.H.2 of this preamble 
and R-290 exemptions in section II.I.5 of this preamble.
    Comment: One commenter noted support for listing HFO-1234yf. The 
commenter stated that industry has made significant investments in 
research and development, and expanded capacity for production of HFO 
refrigerants, which are used as refrigerants or components in 
refrigerant blends.
    Response: EPA acknowledges the commenter's support for listing HFO-
1234yf in this rulemaking. EPA is finalizing acceptable listings for 
HFO-1234yf as proposed.
    Comment: A different commenter provided detailed comments 
cautioning against listing HFO-1234yf due to environmental and public 
health concerns. This commenter stated that HFO-1234yf stands apart 
from the other substitutes because of a higher toxicity concern. They 
mentioned a by-product of breakdown called trifluoroacetic acid (TFA)-a 
substance they described as a per- and polyfluoroalkyl substance 
(PFAS). They stated that these short-chain PFAS are widely detected, 
persistent, and mobile in aquatic systems. The commenter noted that the 
TFA yield for HFO-1234yf (1.0) is higher than that of HFC-134a (0.2). 
They asserted negative impacts of TFA include toxicity to plants, harm 
to aquatic organisms, and potential harm to human and ecosystem health. 
The commenter urged EPA not to list HFO-1234yf as there are other safer 
alternatives available for cold storage, IPR, commercial ice machines, 
food retail, chillers, ice skating rink and other end-uses, including 
low global warming potential hydrocarbons, carbon dioxide, and ammonia.
    Response: EPA appreciates the information provided by a commenter 
on the atmospheric decomposition of HFO-1234yf to TFA. We note that 
several studies and reports provide further information about this 
topic. A 2014 study by Kazil, et al. analyzed TFA deposition in the 
United States assuming 100 percent of all motor vehicle air 
conditioning systems use HFO-1234yf, which was the largest use of HFO-
1234yf at that time.\87\ The results indicated that rainwater TFA 
concentrations, while varying strongly geographically, would on average 
be low compared to the levels at which toxic effects are observed in 
aquatic systems. Similarly, low TFA concentrations were estimated for 
emissions of HFO-1234yf from Asia in a 2021 study by David, et al.\88\ 
The World Meteorological Organization (WMO) also provided a summary of 
key information pertaining to TFA in their 2022 report to the Montreal 
Protocol.\89\ The report states:
---------------------------------------------------------------------------

    \87\ Kazil et al., 2014. ``Deposition and rainwater 
concentrations of trifluoroacetic acid in the United States from the 
use of HFO-1234yf'' J. Kazil, S. McKeen, S.-W. Kim, R. Ahmadov, G.A. 
Grell, R.K. Talukdar, A.R. Ravishankara. JGR Atmospheres. Volume 
119, Issue 24. December 27, 2014. Pages 14,059-14,079. October 31, 
2014. Available online at https://agupubs.onlinelibrary.wiley.com/doi/full/10.1002/2014JD022058.
    \88\ David et al., 2021. ``Trifluoroacetic acid deposition from 
emissions of HFO-1234yf in India, China, and the Middle East,'' 
Volume 21, issue 19. Atmos. Chem. Phys., 21, 14833-14849, 2021. 
https://doi.org/10.5194/acp-21-14833-2021. Available online at 
https://acp.copernicus.org/articles/21/14833/2021.
    \89\ WMO, 2022. Executive Summary. Scientific Assessment of 
Ozone Depletion: 2022, GAW Report No. 278, 56 pp.; WMO: Geneva, 
2022. Available online at https://ozone.unep.org/system/files/documents/Scientific-Assessment-of-Ozone-Depletion-2022-Executive-Summary.pdf.

    The formation in the atmosphere of trifluoroacetic acid (TFA) is 
expected to increase in the coming decades due to increased use of 
HFOs and HCFOs. TFA, a breakdown product of some HFCs, HCFCs, HFOs 
and HCFOs, is a persistent chemical with potential harmful effects 
on animals, plants, and humans. The concentration of TFA in 
rainwater and ocean water is, in general, significantly below known 
toxicity limits at present. Potential environmental impacts of TFA 
---------------------------------------------------------------------------
require future evaluation due to its persistence. (p. 14)

    Most TFA currently found in the environment resulting from 
decomposition of refrigerants likely

[[Page 50458]]

derived from HFC-134a, which is being phased down and the use of which 
is anticipated to decrease in end-uses where safer alternatives are 
found acceptable under the SNAP program. EPA also notes that the 
modeling studies referenced generally assume a one-to-one substitution 
of HFO-1234yf for HFC-134a to be conservative. Any increase in TFA 
deposition due to this rule is expected to be less than the modeled 
increases in TFA from studies that found the levels of TFA in the 
environment remained, ``too small to be a risk to the environment over 
the next few decades.'' Use of HFO-1234yf and concerns about TFA in 
applications not addressed by this final rule are outside the scope of 
this rulemaking.
    There are ongoing evaluations of the potential risks of TFA 
exposure. In 2020, the Environmental Effects Assessment Panel (EEAP) to 
the Montreal Protocol released an update \90\ to its report on the 
environmental effects of stratospheric ozone depletion, UV radiation, 
and interactions with climate change, including the potential effects 
of TFA from ODS and their substitutes. That report noted that TFA ``has 
a no-observed-effect-concentration (NOEC) for aquatic species, which is 
typically >10,000 [mu]g/L,'' while ``analysis of 1187 samples of 
rainwater collected in eight locations across Germany in 2018-2019 
showed median and a precipitation-weighted mean concentration of TFA of 
0.210 [mu]g/L and 0.335 [mu]g/L, respectively,'' and ``another recent 
paper reported TFA . . . in precipitation in the low [mu]g/L range 
across 28 cities in mainland China.'' These studies and others led the 
EEAP to state, ``Trifluoroacetic acid continues to be found in the 
environment, including in remote regions, although not at 
concentrations likely to have adverse toxicological consequences.''
---------------------------------------------------------------------------

    \90\ EEAP, 2020. ``Environmental effects of stratospheric ozone 
depletion, UV radiation, and interactions with climate change: UNEP 
Environmental Effects Assessment Panel, Update 2020.'' Photochemical 
& Photobiological Sciences https://doi.org/10.1007/s43630-020-00001-x. Available online at: https://engineering.case.edu/centers/sdle/sites/engineering.case.edu.centers.sdle/files/neale_et_al._-_2021_-_environmental_effects_of_stratospheric_ozone_deple.pdf.
---------------------------------------------------------------------------

    In its 2021 Summary Update for Policymakers,\91\ the EEAP stated:
---------------------------------------------------------------------------

    \91\ EEAP, 2021. ``Summary Update 2021 for Policymakers'' UNEP 
Environmental Effects Assessment Panel. Available online at https://ozone.unep.org/sites/default/files/assessment_panels/EEAP-summary-update-2021-for-policymakers.pdf.

    TFA likely has natural geochemical sources, is widely used in 
industry and research laboratories, and is a by-product of the 
synthesis and degradation of fluorinated and perfluorinated 
compounds (PFCs) . . . . TFA has recently been found in 
precipitation, surface waters, and indoor dust in China . . . , 
although concentrations are below those considered toxic. No 
additional studies on the toxicity of TFA to organisms have been 
reported, but prior research has shown that this compound is not 
highly toxic to mammals and aquatic organisms, although some plants 
and algae may be sensitive . . . . At present, it is not possible to 
quantify the proportion of anthropogenic sources of TFA resulting 
from substances not falling under the purview of the Montreal 
Protocol, but available evidence indicates that this breakdown 
product is of minimal risk to human health. (p. 10; references in 
---------------------------------------------------------------------------
the text omitted here)

    Most recently, in its 2022 Assessment Report,\92\ the EEAP stated:
---------------------------------------------------------------------------

    \92\ EEAP, 2023. 2022 Assessment Report of Stratospheric Ozone 
Depletion, UV Radiation, and Interactions with Climate Change. UNEP, 
Environmental Effects Assessment Panel. May, 2023. Available online 
at: https://ozone.unep.org/system/files/documents/EEAP-2022-Assessment-Report-May2023.pdf.

    TFA has a long environmental lifetime, accumulates in surface 
and ground waters, and has been found in blood, drinking water, 
beverages, dust, plants, and agricultural soils. However, it does 
not interact with biological molecules and, due to its high 
solubility in water, it does not bioaccumulate. It is unlikely to 
cause adverse effects in terrestrial and aquatic organisms. 
Continued monitoring and assessment are nevertheless advised due to 
uncertainties in the deposition of TFA and its potential effects on 
marine organisms . . . . (p.5)
    The Montreal Protocol has led to the replacement of ODSs with 
fluorinated chemicals, some of which can undergo degradation in the 
atmosphere to give TFA in various yields. TFA is known to have a 
long environmental lifetime and accumulates in surface and ground 
waters. At present, there are large uncertainties associated with 
the concentrations of TFA in various environmental compartments in 
some regions, as well as the relative proportion of anthropogenic 
sources related to the Montreal Protocol, compared to the other 
anthropogenic and natural sources. There is some uncertainty in 
toxicity values because of the limited number of marine species 
tested. Current and predicted concentrations (to year 2100) of TFA 
in the oceans provide a large margin of exposure (thousand-fold) 
when compared to thresholds of toxicity. (p. 294)

    EPA considers ecotoxicity as a criterion when evaluating 
alternatives under SNAP's comparative risk framework, and the Agency 
has considered the potential impacts of TFA for the listings in this 
rule and in past actions that found HFO-1234yf acceptable in certain 
end-uses. For example, EPA studied the potential generation of TFA when 
first listing neat (i.e., 100 percent, not in blends) HFO-1234yf as 
acceptable, subject to use conditions, in motor vehicle air 
conditioning. The myriad studies EPA referenced all concluded that the 
additional TFA from HFO-1234yf did not pose a significant additional 
risk, even if it were assumed to be used as the only refrigerant in all 
refrigeration and air conditioning equipment (76 FR 17492-17493, March 
29, 2011). The Agency intends to continue its approach to evaluating 
the potential risks from TFA in future SNAP regulations.
    With regard to the commenter's stance that safer low-GWP 
substitutes than HFO-1234yf currently exist for these end-uses, EPA 
disagrees. A number of alternatives can meet low-GWP and safety goals 
and EPA evaluates these potential alternatives through a holistic risk 
screen analysis with overall impact to human health and the environment 
in mind. The SNAP program's aim is to expand the list of available 
substitutes that successfully meet conservative risk screen analysis 
thresholds so that industry may pull from a number of substances that 
can be used in equipment and that suit their functionality and needs. 
Risk screens, which can be viewed under this rule's docket, were 
performed for industrial process refrigeration, cold storage 
warehouses, ice skating rinks, commercial ice machines, and retail food 
refrigeration. The findings of these risk screens conclude that HFO-
1234yf does not pose a safety risk if used according to the safety 
standards required in this rule's use conditions, such as UL 60335-2-
89. HFO-1234yf has a GWP less than one, is excluded from the regulatory 
definition of VOC for the purpose of addressing the development of SIPs 
to attain and maintain the NAAQS and can be used without exceeding 
health-based exposure limits in the end-uses where it is being listed. 
Therefore, EPA does not consider the overall risk to human health and 
the environment due to HFO-1234yf in this final rule to be greater than 
for other available or potentially available substitutes for the same 
uses.
    Comment: One commenter noted support for listing HFO-1234ze. The 
commenter stated that industry has made significant investments in 
research and development and has expanded capacity for production of 
HFOs, which are used as refrigerants or components in refrigerant 
blends.
    Response: EPA acknowledges the commenter's support for listing HFO-
1234ze in this rulemaking. EPA has finalized acceptable listings for 
HFO-1234ze(E) as proposed.
    Comment: One commenter requested that EPA clarify whether the 
mention of

[[Page 50459]]

R-424A on page 33731 of the Proposed Rule should have read R-454A.
    Response: EPA agrees and clarifies that the mention of R-424A 
should have instead read R-454A. We have updated this language in this 
preamble.
    Comment: Two commenters expressed support for listing R-455A. They 
urged swift action by EPA to approve this substitute. One commenter 
added that R-455A will provide industry with additional options to 
assist in their transition away from higher-GWP products and will help 
users achieve a GWP limit of 150 for certain commercial refrigeration 
applications.
    Response: EPA acknowledges the commenters' support for listing R-
455A in this rulemaking. EPA is finalizing acceptable listing decisions 
for R-455A as proposed, including certain commercial refrigeration 
applications.
    Comment: Seven commenters noted related aspects of the current 
rulemaking to rulemakings under the AIM Act. Three of these commenters 
explicitly mentioned this SNAP rulemaking as an opportunity to adopt 
lower-GWP refrigerants in line with the objectives of the Technology 
Transitions Rule. The three commenters supported EPA listing such 
additional low-GWP refrigerants.
    One commenter noted that they particularly support certain charge 
size limits in some of the approvals, which will help EPA meet its 
goals under the proposed Technology Transition rule.
    One commenter encouraged EPA to approve refrigerants on a priority 
basis for end-uses capable of complying with the HFC restrictions in 
the Technology Transitions Rule. The commenter stated that this will 
bring about a practical phase down of HFCs in these applications that 
are critical to health and human comfort.
    Response: EPA plans to continue to review substitutes consistent 
with the SNAP program criteria, including atmospheric impacts such as 
climate impacts. EPA agrees with commenters that the alternatives 
addressed in this SNAP rulemaking will provide additional lower-GWP 
options to comply with the HFC restrictions in the Technology 
Transition regulations.
    Comment: One commenter noted concerns related to a January 1, 2025, 
deadline under EPA's regulations implementing the AIM Act for 
transitioning to new lower-GWP refrigerants. This commenter stated that 
it is not possible to change hundreds of designs, test, and acquire UL 
approvals in that time period. The commenter mentioned that if 
suppliers cannot provide the equipment needed for this transition it 
would have detrimental business consequences. The commenter added that 
it is difficult to find qualified engineers to develop these projects; 
failure to extend deadlines could potentially cause many small 
refrigeration companies to go out of business.
    Response: Comments related to EPA's regulations under the AIM Act 
are outside the scope of this rulemaking.
    Comment: A commenter opposed the use of R-454A (GWP 239) or any 
other refrigerant with a GWP greater than 150 in self-contained 
equipment that exceeds the 150 GWP limit proposed under the Technology 
Transitions Rule.
    Response: To the extent that this comment relates to the Technology 
Transitions Rule, EPA notes that it is outside the scope of this 
rulemaking. To the extent the commenter is referring to self-contained 
commercial ice machines, see the response in Section II.C.6 of the 
preamble. If the commenter is referring to other self-contained 
equipment in addition to self-contained commercial ice machines, EPA 
notes that we did not propose to list, and are not listing, any 
refrigerants with a GWP greater than 150 in retail food refrigeration--
stand-alone units or retail food refrigeration--refrigerated food 
processing and dispensing equipment.
    Comment: Three commenters referenced refrigerants or end-uses that 
were not part of the proposal. Two commenters referenced standards and 
requirements related to residential and light commercial air 
conditioning and heat pumps. One of these commenters suggested that 
rather than designating a specific numerical charge limit for R-290 in 
the sector, the final rule should refer more generally to the maximum 
charge size as allowed in UL 484 or UL 60335-2-40, which would provide 
a mechanism for automatic adjustment in response to new information. 
Another commenter suggested harmonization of U.S. industry safety 
standards under UL 60335-2-40 and the ASHRAE 15 standard with the most 
recent edition of the IEC 60335-2-40 standard. This commenter stated 
that aligning to the IEC standard would accelerate the transition away 
from climate polluting substances in many air conditioning and heat-
pump systems, such as R-410A (GWP >2,000), to sustainable alternatives, 
such as R-290 (GWP three). This commenter felt that adopting the IEC 
standard would usher in uptake of low-GWP refrigerants in the air 
conditioning and heat pump sectors, as evidenced by the swift 
transition to R-600a (GWP three) in the refrigerator market following a 
2017 update to the UL standard. One commenter asked EPA to consider 
listing substitutes that are not part of the proposal. They asked for 
EPA to consider listing HCFO-1233zd(E) and R-471A for use in commercial 
refrigeration generally to assist in the transition away from higher-
GWP refrigerants.
    Response: EPA acknowledges these comments expressing support for 
hydrocarbons and other lower-GWP refrigerants in AC equipment. EPA did 
not propose listings for refrigerants in AC, and therefore, these 
comments are outside the scope of this final rule. The Agency may 
consider proposing additional listings, including listings for lower-
GWP refrigerants in residential and light commercial air conditioning 
and heat pumps, in future rulemakings and may also consider updating 
use conditions for existing hydrocarbon listings. The Agency also did 
not propose to list R-471A and HCFO-1233zd(E) for use in other end-
uses; therefore, these comments are beyond the scope of this 
rulemaking. Every substitute listed under the SNAP program undergoes a 
comparative risk analysis for submitted end-uses; the substitutes 
suggested by commenters did not undergo risk screen review. To list the 
greatest number of low-GWP refrigerant options for industry to use as 
is possible, the commenters' suggested substitutes and end-uses will 
not be included within the scope of this rulemaking. EPA also notes 
that in other listing documents, we have listed both R-471A and HCFO-
1233zd(E) as acceptable in some end-uses, e.g., listing of R-471A as 
acceptable in new equipment for retail food refrigeration, IPR, and 
cold storage warehouses (88 FR 61977, September 8, 2023).
    Comment: One commenter noted that EPA identifies hydrocarbons and 
R-717 as secondary refrigerants and asserted that these would not be 
used as secondary fluids.
    Response: EPA agrees with the commenter that hydrocarbons and R-717 
would not typically be used as a secondary fluid that is pumped 
throughout a store to cases in a cascade system. Rather, hydrocarbons 
and R-717 could be used as the primary refrigerant used to cool a 
secondary fluid in a cascade system or secondary loop system. In the 
final rule, EPA is revising the statement to read, ``Examples of 
secondary fluids include water, brine, propylene glycol, air, and 
carbon dioxide (CO2).''

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be

[[Page 50460]]

found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action as defined in 
Executive Order 12866, as amended by Executive Order 14094 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 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 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 lists additional options under SNAP for 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 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 industry standard. These 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 this rule will 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 result in no adverse impact compared 
with the absence of this rule. Thus, the rule does 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 of $100 million 
(adjusted annually for inflation) or more (in 1995 dollars) 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.

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 a significant 
regulatory action under section 3(f)(1) of 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 rule, the rule contains use 
conditions that reduce exposure risks to the general population, with 
the reduction of exposure being most important to the most sensitive 
individuals. This action's health and risk assessments are contained in 
the comparisons of toxicity for the various substitutes, as well as in 
the risk screens for the substitutes that are listed in this rule. The 
risk screens are in the docket for this rulemaking. 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 Incorporation 
by Reference

    This action involves technical standards. EPA has decided to use 
and incorporates by reference 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.

[[Page 50461]]

    UL 60335-2-89, ``Standard for Safety for 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 being incorporated by reference is reasonably 
available.
    EPA is also incorporating by reference Chapter 2.2, Flammable 
Gasses, and Annex 1, Classification and Labelling Summary Tables, of 
ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification 
and Labelling of Chemicals, Ninth revised edition, copyright 2021, 
which define the GHS diamond symbol (pictogram) for hazard category 1 
flammable gasses, in the use conditions for hazard labeling of 
commercial and industrial refrigeration equipment. 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 and may be purchased by mail at: United 
Nations Publications Customer Service, P.O. Box 960, Herndon, VA 20172; 
by email at [email protected]; and by telephone at 1-703-661-1571. 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 material 
incorporated by reference is reasonably available.
    EPA is also incorporating by reference ANSI/ASHRAE Standard 15-
2022, Safety Standard for Refrigeration Systems, copyright 2022, 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, copyright 2022, 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 the standard is not 
a significant financial burden for equipment manufacturers or for those 
selling, installing, and servicing the equipment. Therefore, EPA 
concludes that the ASHRAE standards incorporated by reference are 
reasonably available.
    EPA is also incorporating by reference ANSI/ASHRAE Addendum a to 
ANSI/ASHRAE Standard 34-2022, Designation and Safety Classification of 
Refrigerants, ANSI-/ASHRAE-approved December 20, 2022. This standard is 
available at https://www.ashrae.org/technical-resources/standards-and-guidelines/standards-addenda. Addenda for ASHRAE standards are 
available online in PDF format for free. Addendum a adds burning 
velocity data, updates some LFL values, and corrects several 
calculation errors that were identified, particularly for RCL values 
driven by flammability versus toxicity.
    The following standards are already approved for incorporation by 
reference at the locations where they appear in the amendatory text: UL 
471, UL 541, UL 484, UL 60335-2-24, and UL 60335-2-40.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations and 
Executive Order 14096: Revitalizing Our Nation's Commitment to 
Environmental Justice for All

    The 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 communities with environmental justice concerns. EPA's 
analysis indicates that other environmental impacts and human health 
impacts of listing HFC-32, HFO-1234yf, HFO-1234ze(E), R-290, R-454A, R-
454B, R-454C, R-455A, R-457A, and R-516A in the end-uses addressed in 
this action are comparable to or less than those of other substitutes 
that are listed as acceptable for the same end-use. For example, these 
alternative refrigerants would likely have lower climate impacts 
because of their lower GWPs compared to other available substitutes for 
the same uses.
    The EPA believes that it is not practicable to assess whether this 
action is likely to result in new disproportionate and adverse effects 
on communities with environmental justice concerns. Because adoption of 
the new substitutes listed in this rule is voluntary, the Agency is 
unable to quantify when, where, and how much of the listed substitutes 
will be produced and used. Thus, EPA cannot determine the extent to 
which this rule will exacerbate or reduce existing disproportionate 
adverse effects on communities of color and low-income people as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
    However, the listings for HFC-32, HFO-1234yf, HFO-1234ze(E), R-290, 
R-454A, R-454B, R-454C, R-455A, R-457A, and R-516A in the end-uses 
addressed in this action provide additional lower-GWP or comparable 
alternatives in their respective end-uses. By providing lower-GWP or 
comparable alternatives for these end-uses, this rule is anticipated to 
reduce the use and eventual emissions of potent greenhouse gases in 
these end-uses, which could help to reduce the effects of climate 
change, including the existing disproportionate public health and 
welfare effects on communities with environmental justice concerns. The 
Agency will continue to evaluate the impacts of this program on 
communities with environmental justice concerns and consider further 
action, as appropriate.
    The EPA additionally identified and addressed environmental justice 
concerns by conducting and sharing risk screens and air quality 
modeling to provide information to the public about the listed 
refrigerants contained in this rulemaking. The information supporting 
this Executive Order review is 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-

[[Page 50462]]

457A, and R-516A as well as in the risk screens that are available in 
the docket for this rulemaking.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

IV. References

    Unless specified otherwise, all documents are available 
electronically 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.
ASHRAE, 2022c. Addendum a to ANSI/ASHRAE Standard 34-2022, 
Designation and Safety Classification of Refrigerants: ANSI--
approved December 30, 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.
EEAP, 2021. ``Summary Update 2021 for Policymakers'' UNEP 
Environmental Effects Assessment Panel. Available online at: https://ozone.unep.org/sites/default/files/assessment_panels/EEAP-summary-update-2021-for-policymakers.pdf.
EEAP, 2023. 2022 Assessment Report of Stratospheric Ozone Depletion, 
UV Radiation, and Interactions with Climate Change. UNEP, 
Environmental Effects Assessment Panel. May, 2023. Available online 
at: https://ozone.unep.org/system/files/documents/EEAP-2022-Assessment-Report-May2023.pdf.
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 
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, 2022. Additional Assessment of the Potential Impact of 
Hydrocarbon Refrigerants on Ground Level Ozone Concentrations. May, 
2022.
ICF, 2024a. Risk Screen on Substitutes in Retail Food Refrigeration 
(New Equipment); Substitute: HFO-1234yf.
ICF, 2024b. Risk Screen on Substitutes in Retail Food Refrigeration 
(New Equipment); Substitute: HFO-1234ze(E) (Solstice[supreg] ze, 
Solstice[supreg] 1234ze).
ICF, 2024c. Risk Screen on Substitutes in Retail Food Refrigeration 
(New Equipment); Substitute: R-454A (Opteon[supreg] XL40).
ICF, 2024d. Risk Screen on Substitutes in Retail Food Refrigeration 
(New Equipment); Substitute: R-454C (OpteonTM XL20).
ICF, 2024e. Risk Screen on Substitutes in Retail Food Refrigeration 
(New Equipment); Substitute: R-455A (Solstice[supreg] L40X).
ICF, 2024f. Risk Screen on Substitutes in Retail Food Refrigeration 
(New Equipment); Substitute: R-457A (Forane[supreg] 457A).
ICF, 2024g. Risk Screen on Substitutes in Retail Food Refrigeration 
(New Equipment); Substitute: R-516A (Forane[supreg] 516A).
ICF, 2024h. Risk Screen on Substitutes in Retail Food Refrigeration 
(New Equipment); Substitute: Propane (R-290).
ICF, 2024i. Risk Screen on Substitutes in Commercial Ice Machines 
(New Equipment); Substitute: HFC-32.
ICF, 2024j. Risk Screen on Substitutes in Commercial Ice Machines 
(New Equipment); Substitute: HFO-1234yf.
ICF, 2024k. Risk Screen on Substitutes in Commercial Ice Machines 
(New Equipment); Substitute: R-454A (Opteon[supreg] XL40).
ICF, 2024l. Risk Screen on Substitutes in Commercial Ice Machines 
(New Equipment); Substitute: R-454B (Opteon[supreg] XL41).
ICF, 2024m. Risk Screen on Substitutes in Commercial Ice Machines 
(New Equipment); Substitute: R-454C (OpteonTM XL20).
ICF, 2024n. Risk Screen on Substitutes in Commercial Ice Machines 
(New Equipment); Substitute: R-455A (Solstice[supreg] L40X).
ICF, 2024o. Risk Screen on Substitutes in Commercial Ice Machines 
(New Equipment); Substitute: R-457A (Forane[supreg] 457A).
ICF, 2024p. Risk Screen on Substitutes in Commercial Ice Machines 
(New Equipment); Substitute: R-516A (Forane[supreg] 516A).
ICF, 2024q. Risk Screen on Substitutes in Commercial Ice Machines 
(New Equipment); Substitute: Propane (R-290).
ICF, 2024r. Risk Screen on Substitutes in Industrial Process 
Refrigeration (New Equipment); Substitute: HFC-32 (Difluoromethane).
ICF, 2024s. Risk Screen on Substitutes in Industrial Process 
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New 
Equipment); Substitute: HFO-1234yf.
ICF, 2024t. 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, 2024u. Risk Screen on Substitutes in Industrial Process 
Refrigeration and Cold Storage Warehouses (New Equipment); 
Substitute: R-454A (Opteon[supreg] XL40).
ICF, 2024v. Risk Screen on Substitutes in Industrial Process 
Refrigeration (New Equipment); Substitute: R-454B (Opteon[supreg] 
XL41).
ICF, 2024w. Risk Screen on Substitutes in Industrial Process 
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New 
Equipment); Substitute: R-454C (OpteonTM XL20).
ICF, 2024x. Risk Screen on Substitutes in Industrial Process 
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New 
Equipment); Substitute: R-455A (Solstice[supreg] L40X).
ICF, 2024y. Risk Screen on Substitutes in Industrial Process 
Refrigeration, Cold Storage Warehouses, and Ice Skating Rinks (New 
Equipment); Substitute: R-457A (Forane[supreg] 457A).
ICF, 2024z. 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.

[[Page 50463]]

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, 2022. Burkholder et al. Appendix 
A, Table A-5 in Scientific Assessment of Ozone Depletion: 2022, GAW 
Report No. 278, 509 pp.; WMO, Geneva, Switzerland, https://ozone.unep.org/science/assessment/sap. (WMO, 2022).

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 stated in the preamble, EPA amends 40 CFR part 82 
as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

    Authority:  42 U.S.C. 7414, 7601, 7671-7671q.

Subpart F--Recycling and Emissions Reduction

0
2. 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; self-contained commercial ice machines, very low 
temperature refrigeration equipment, and water coolers; and effective 
July 15, 2024, retail food refrigeration--refrigerated food processing 
and dispensing equipment;
* * * * *

Subpart G--Significant New Alternatives Policy Program

0
3. 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 June 13, 2024, Final Rule, Effective July 15, 2024

                                                Substitutes That Are Acceptable Subject to Use Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
              End-use                      Substitute               Decision                      Use conditions                  Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Household refrigerators,          Isobutane (R-600a),     Acceptable subject to   As of September 7, 2018: These           Applicable OSHA
 freezers, and combination            Propane (R-290), R-     use conditions.         refrigerants may be used only in new     requirements at 29 CFR
 refrigerators and freezers (New      441A.                                           equipment designed specifically and      part 1910 must be
 equipment only).                                                                     clearly identified for the refrigerant   followed, including those
                                                                                      (i.e., none of these substitutes may     at 29 CFR 1910.94
                                                                                      be used as a conversion or               (ventilation), 1910.106
                                                                                      ``retrofit'' refrigerant for existing    (flammable and
                                                                                      equipment designed for a different       combustible liquids),
                                                                                      refrigerant).                            1910.110 (storage and
                                                                                     These refrigerants may be used only in    handling of liquefied
                                                                                      a refrigerator or freezer, or            petroleum gases),
                                                                                      combination refrigerator and freezer,    1910.157 (portable fire
                                                                                      that meets requirements listed in UL     extinguishers), and
                                                                                      60335-2-24.\1\ \2\ \6\                   1910.1000 (toxic and
                                                                                                                               hazardous substances).
                                                                                                                              Proper ventilation should
                                                                                                                               be maintained at all
                                                                                                                               times during the
                                                                                                                               manufacture and storage
                                                                                                                               of equipment containing
                                                                                                                               hydrocarbon refrigerants
                                                                                                                               through adherence to good
                                                                                                                               manufacturing practices
                                                                                                                               as per 29 CFR 1910.106.
                                                                                                                               If refrigerant levels in
                                                                                                                               the air surrounding the
                                                                                                                               equipment rise above one-
                                                                                                                               fourth of the lower
                                                                                                                               flammability limit, the
                                                                                                                               space should be evacuated
                                                                                                                               and re-entry should occur
                                                                                                                               only after the space has
                                                                                                                               been properly ventilated.
                                                                                                                              Technicians and equipment
                                                                                                                               manufacturers should wear
                                                                                                                               appropriate personal
                                                                                                                               protective equipment,
                                                                                                                               including chemical
                                                                                                                               goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               these refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin since these
                                                                                                                               refrigerants, like many
                                                                                                                               refrigerants, can cause
                                                                                                                               freeze burns on the skin.
                                                                                                                              A Class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.
                                                                                                                              Technicians should only
                                                                                                                               use spark-proof tools
                                                                                                                               when working on
                                                                                                                               refrigerators and
                                                                                                                               freezers with these
                                                                                                                               refrigerants.
                                                                                                                              Any recovery equipment
                                                                                                                               used should be designed
                                                                                                                               for flammable
                                                                                                                               refrigerants. Any
                                                                                                                               refrigerant releases
                                                                                                                               should be in a well-
                                                                                                                               ventilated area, such as
                                                                                                                               outside of a building.
                                                                                                                              Only technicians
                                                                                                                               specifically trained in
                                                                                                                               handling flammable
                                                                                                                               refrigerants should
                                                                                                                               service refrigerators and
                                                                                                                               freezers containing these
                                                                                                                               refrigerants. Technicians
                                                                                                                               should gain an
                                                                                                                               understanding of
                                                                                                                               minimizing the risk of
                                                                                                                               fire and the steps to use
                                                                                                                               flammable refrigerants
                                                                                                                               safely.

[[Page 50464]]

 
2. Retail Food Refrigeration--stand- Isobutane (R-600a)      Acceptable subject to   These refrigerants may be used only in   Applicable OSHA
 alone units only (New equipment      Propane (R-290) R-      use conditions.         new equipment specifically designed      requirements at 29 CFR
 only) manufactured on or after       441A.                                           and clearly identified for the           part 1910 must be
 February 21, 2012, and up to but                                                     refrigerants (i.e., none of these        followed, including those
 not including 7/15/2024.                                                             substitutes may be used as a             at 29 CFR 1910.94
                                                                                      conversion or ``retrofit'' refrigerant   (ventilation) and
                                                                                      for existing equipment designed for      1910.106 (flammable and
                                                                                      other refrigerants).                     combustible liquids),
                                                                                     These substitutes may only be used in     1910.110 (storage and
                                                                                      equipment that meets requirements in     handling of liquefied
                                                                                      Supplement SB to UL 471.\1\ \2\ \3\ In   petroleum gases),
                                                                                      cases where this listing 2 includes      1910.157 (portable fire
                                                                                      requirements more stringent than those   extinguishers), and
                                                                                      of UL 471, the appliance must meet the   1910.1000 (toxic and
                                                                                      requirements of this listing 2 in        hazardous substances).
                                                                                      place of the requirements in the UL     Proper ventilation should
                                                                                      Standard.                                be maintained at all
                                                                                     The charge size for the retail food       times during the
                                                                                      refrigerator or freezer shall not        manufacture and storage
                                                                                      exceed 150 grams (5.3 ounces) in each    of equipment containing
                                                                                      circuit.                                 hydrocarbon refrigerants
                                                                                     As provided in clauses SB6.1.2 to         through adherence to good
                                                                                      SB6.1.5 of UL 471,\1\ \2\ \3\ the        manufacturing practices
                                                                                      following markings shall be attached     as per 29 CFR 1910.106.
                                                                                      at the locations provided and shall be   If refrigerant levels in
                                                                                      permanent:                               the air surrounding the
                                                                                                                               equipment rise above one-
                                                                                                                               fourth of the lower
                                                                                                                               flammability limit, the
                                                                                                                               space should be evacuated
                                                                                                                               and reentry should occur
                                                                                                                               only after the space has
                                                                                                                               been properly ventilated.
                                                                                                                              Technicians and equipment
                                                                                                                               manufacturers should wear
                                                                                                                               appropriate personal
                                                                                                                               protective
                                                                                        (a) On or near any evaporators that    equipment, including
                                                                                         can be contacted by the consumer:     chemical goggles and
                                                                                         ``DANGER--Risk of Fire or             protective gloves, when
                                                                                         Explosion. Flammable Refrigerant      handling propane. Special
                                                                                         Used. Do Not Use Mechanical Devices   care should be taken to
                                                                                         To Defrost Refrigerator. Do Not       avoid contact with the
                                                                                         Puncture Refrigerant Tubing.''        skin since propane, like
                                                                                     (b) Near the machine compartment:         many refrigerants, can
                                                                                      ``DANGER--Risk of Fire or Explosion.     cause freeze burns on the
                                                                                      Flammable Refrigerant Used. To Be        skin.
                                                                                      Repaired Only By Trained Service        A Class B dry powder type
                                                                                      Personnel. Do Not Puncture Refrigerant   fire extinguisher should
                                                                                      Tubing.''                                be kept nearby.
                                                                                     (c) Near the machine compartment:        Technicians should only
                                                                                      ``CAUTION--Risk of Fire or Explosion.    use spark-proof tools
                                                                                      Flammable Refrigerant Used. Consult      when working on
                                                                                      Repair Manual/Owner's Guide Before       refrigerators and
                                                                                      Attempting To Service This Product.      freezers with propane.
                                                                                      All Safety Precautions Must be          Recovery equipment
                                                                                      Followed.''                              designed for flammable
                                                                                     (d) On the exterior of the                refrigerants should be
                                                                                      refrigerator: ``CAUTION--Risk of Fire    used.
                                                                                      or Explosion. Dispose of Properly In    Only technicians
                                                                                      Accordance With Federal Or Local         specifically trained in
                                                                                      Regulations. Flammable Refrigerant       handling flammable
                                                                                      Used.''                                  refrigerants should
                                                                                     (e) Near any and all exposed              service refrigerators and
                                                                                      refrigerant tubing: ``CAUTION--Risk of   freezers containing this
                                                                                      Fire or Explosion Due To Puncture Of     refrigerant. Technicians
                                                                                      Refrigerant Tubing; Follow Handling      should gain an
                                                                                      Instructions Carefully. Flammable        understanding of
                                                                                      Refrigerant Used.''                      minimizing the risk of
                                                                                     All of these markings shall be in         fire and the steps to use
                                                                                      letters no less than 6.4 mm (\1/4\       flammable refrigerants
                                                                                      inch) high.                              safely.
                                                                                     The refrigerator or freezer must have    Room occupants should
                                                                                      red, Pantone[supreg] Matching System     evacuate the space
                                                                                      #185 or RAL 3020 marked pipes, hoses,    immediately following the
                                                                                      and other devices through which the      accidental release of
                                                                                      refrigerant is serviced, typically       this refrigerant.
                                                                                      known as the service port, to indicate  If a service port is added
                                                                                      the use of a flammable refrigerant.      then stand-alone retail
                                                                                      This color must be present at all        food refrigeration units
                                                                                      service ports and where service          using these refrigerants
                                                                                      puncturing or otherwise creating an      should have service
                                                                                      opening from the refrigerant circuit     aperture fittings that
                                                                                      to the atmosphere might be expected      differ from fittings used
                                                                                      (e.g., process tubes). The color mark    in equipment or
                                                                                      must extend at least 2.5 centimeters     containers using non-
                                                                                      (1 inch) from the compressor and must    flammable refrigerant.
                                                                                      be replaced if removed.                  ``Differ'' means that
                                                                                                                               either the diameter
                                                                                                                               differs by at least \1/
                                                                                                                               16\ inch or the thread
                                                                                                                               direction is reversed
                                                                                                                               (i.e., right-handed vs.
                                                                                                                               left-handed). These
                                                                                                                               different fittings should
                                                                                                                               be permanently affixed to
                                                                                                                               the unit at the point of
                                                                                                                               service and maintained
                                                                                                                               until the end-of-life of
                                                                                                                               the unit, and should not
                                                                                                                               be accessed with an
                                                                                                                               adaptor.

[[Page 50465]]

 
3. Retail Food Refrigeration--stand- Isobutane (R-600a)      Acceptable subject to   These substitutes may only be used in
 alone units only (New equipment      Propane (R-290) R-      use conditions.         equipment that meets requirements of
 only) manufactured from 7/15/2024,   441A.                                           either:
 through September 29, 2024, or                                                      1. Supplement SB to UL 471 \1\ \2\ \3\
 equipment manufactured on or after                                                   and listing 2 of this table or
 September 30, 2024, except for                                                      2. ASHRAE 15-2022,\1\ \9\ \12\ UL 60335-
 equipment manufactured on or after                                                   2-89,\1\ \2\ \8\ and listing 4 of this
 September 30, 2024, that remains                                                     table.
 unchanged, other than cosmetic
 changes, from an earlier model or
 design that was already certified
 to the UL 471 \1\ \2\ \3\ standard
 before September 30, 2024.
4. Retail Food Refrigeration--stand- Isobutane (R-600a)      Acceptable subject to   This refrigerant may be used only in     Applicable OSHA
 alone units only (New equipment      Propane (R-290) R-      use conditions.         new equipment specifically designed      requirements at 29 CFR
 only) manufactured on or after       441A.                                           and clearly identified for the           part 1910 must be
 September 30, 2024, except for                                                       refrigerant (i.e., this substitute may   followed, including those
 equipment manufactured on or after                                                   not be used as a conversion or           at 29 CFR 1910.94
 September 30, 2024, that remains                                                     ``retrofit'' refrigerant for existing    (ventilation) and
 unchanged, other than cosmetic                                                       equipment designed for other             1910.106 (flammable and
 changes, from an earlier model or                                                    refrigerants).                           combustible liquids),
 design that was already certified                                                   This refrigerant may be used in new       1910.110 (storage and
 to the UL 471 \1\ \2\ \3\ standard                                                   stand-alone units if and only if such    handling of liquefied
 before September 30, 2024.                                                           equipment meets all requirements         petroleum gases),
                                                                                      listed in ASHRAE 15-2022.\1\ \9\ \12\    1910.157 (portable fire
                                                                                      In cases where this listing 4 includes   extinguishers), and
                                                                                      requirements different than those of     1910.1000 (toxic and
                                                                                      ASHRAE 15-2022, the appliance would      hazardous substances).
                                                                                      need to meet the requirements of this   Proper ventilation should
                                                                                      listing in addition to the               be maintained at all
                                                                                      requirements in ASHRAE 15-2022.          times during the
                                                                                     This refrigerant may only be used in      manufacture and storage
                                                                                      stand-alone units that meet all          of equipment containing
                                                                                      requirements in UL 60335-2-89 \1\ \2\    flammable refrigerants
                                                                                      \8\ except as provided otherwise in UL   through adherence to good
                                                                                      60335-2-89, in ASHRAE 15-2022,\1\ \9\    manufacturing practices
                                                                                      \12\ or in this listing 4. In cases      as per 29 CFR 1910.106.
                                                                                      where this listing includes              If refrigerant levels in
                                                                                      requirements more stringent than those   the air surrounding the
                                                                                      of UL 60335-2-89, the appliance must     equipment rise above one-
                                                                                      meet the requirements of this listing    fourth of the lower
                                                                                      4 in addition to requirements in UL      flammability limit, the
                                                                                      60335-2-89. Where similar requirements   space should be
                                                                                      of ASHRAE 15-2022 and UL 60335-2-89      evacuated, and reentry
                                                                                      differ, the more stringent or            should occur only after
                                                                                      conservative condition shall apply       the space has been
                                                                                      unless superseded by this listing 4.     properly ventilated.
                                                                                     The following markings must be attached  Technicians and equipment
                                                                                      at the locations provided and must be    manufacturers should wear
                                                                                      permanent:                               appropriate personal
                                                                                                                               protective equipment,
                                                                                                                               including chemical
                                                                                                                               goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               flammable refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin which, like
                                                                                                                               many refrigerants, can
                                                                                                                               cause freeze burns on the
                                                                                                                               skin.
                                                                                                                              A Class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.
                                                                                                                              Technicians should only
                                                                                                                               use spark-proof tools

[[Page 50466]]

 
                                                                                        (a) On the outside of the equipment:   when working on equipment
                                                                                         ``DANGER--Risk of Fire Or             containing flammable
                                                                                         Explosion. Flammable Refrigerant      refrigerants.
                                                                                         Used. To Be Repaired Only By         Any recovery equipment
                                                                                         Trained Service Personnel. Do Not     used should be designed
                                                                                         Puncture Refrigerant Tubing''         for flammable
                                                                                     (b) On the outside of the equipment:      refrigerants. Only
                                                                                      ``WARNING--Risk of Fire Or Explosion.    technicians specifically
                                                                                      Dispose of Properly In Accordance With   trained in handling
                                                                                      Federal Or Local Regulations.            flammable refrigerants
                                                                                      Flammable Refrigerant Used.''            should service
                                                                                     (c) On the inside of the equipment near   refrigeration equipment
                                                                                      the compressor: ``DANGER--Risk of Fire   containing this
                                                                                      OR Explosion. Flammable Refrigerant      refrigerant. Technicians
                                                                                      Used. Consult Repair Manual/Owner's      should gain an
                                                                                      Guide Before Attempting to Service       understanding of
                                                                                      This Product. All Safety Precautions     minimizing the risk of
                                                                                      Must be Followed''                       fire and the steps to use
                                                                                     (d) For any equipment pre-charged at      flammable refrigerants
                                                                                      the factory, on the equipment            safely.
                                                                                      packaging or on the outside of the      Room occupants should
                                                                                      equipment: ``WARNING--Risk of Fire Due   evacuate the space
                                                                                      to Flammable Refrigerant Used. Follow    immediately following the
                                                                                      Handling Instructions Carefully in       accidental release of
                                                                                      Compliance with National                 this refrigerant.
                                                                                      Regulations.''                          Any person commissioning,
                                                                                     a. If the equipment is delivered          maintaining, repairing,
                                                                                      packaged, this label shall be applied    decommissioning, and
                                                                                      on the packaging.                        disposing of appliances
                                                                                                                               with this refrigerant
                                                                                                                               should obtain training
                                                                                                                               and follow practices
                                                                                                                               consistent with Annex
                                                                                                                               101.DVT of UL 60355-2-89,
                                                                                                                               2nd edition.\1\ \2\ \8\
                                                                                                                              Department of
                                                                                                                               Transportation
                                                                                                                               requirements for
                                                                                                                               transport of flammable
                                                                                                                               gases must be followed.
                                                                                                                              Flammable refrigerants
                                                                                                                               being recovered or
                                                                                                                               otherwise disposed of
                                                                                                                               from stand-alone units
                                                                                                                               are likely to be
                                                                                                                               hazardous waste under the
                                                                                                                               Resource Conservation and
                                                                                                                               Recovery Act (RCRA) (see
                                                                                                                               40 CFR parts 260 through
                                                                                                                               270).
                                                                                          b. If the equipment is not
                                                                                           delivered packaged, this label
                                                                                           shall be applied on the outside
                                                                                           of the equipment near the control
                                                                                           panel or nameplate.
                                                                                     (e) On the indoor unit near the
                                                                                      nameplate:
                                                                                     a. At the top of the marking: ``Minimum
                                                                                      Installation height, X m (W ft).''
                                                                                      This marking is only required if
                                                                                      required by UL 60335-2-89. The terms
                                                                                      ``X'' and ``W'' shall be replaced by
                                                                                      the numeric height as calculated per
                                                                                      UL 60335-2-89. Note that the
                                                                                      formatting here is slightly different
                                                                                      than UL 60335-2-89; specifically, the
                                                                                      height in Inch-Pound units is placed
                                                                                      in parentheses and the word ``and''
                                                                                      has been replaced by the opening
                                                                                      parenthesis.
                                                                                     b. Immediately below a or at the top of
                                                                                      the marking if a is not required:
                                                                                      ``Minimum room area (operating or
                                                                                      storage), Y m\2\ (Z ft\2\).'' The
                                                                                      terms ``Y'' and ``Z'' shall be
                                                                                      replaced by the numeric area as
                                                                                      calculated per UL 60335-2-89. Note
                                                                                      that the formatting here is slightly
                                                                                      different than UL 60335-2-89;
                                                                                      specifically, the area in Inch-Pound
                                                                                      units is placed in parentheses and the
                                                                                      word ``and'' has been replaced by the
                                                                                      opening parenthesis.
                                                                                        (f) For non-fixed equipment, on the
                                                                                         outside of the product: ``WARNING--
                                                                                         Risk of Fire or Explosion--Store in
                                                                                         a well-ventilated room without
                                                                                         continuously operating flames or
                                                                                         other potential ignition.''
                                                                                        (g) For fixed equipment that is
                                                                                         ducted, near the nameplate:
                                                                                         ``WARNING--Risk Of Fire 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.''
                                                                                        (h) All of these markings must be in
                                                                                         letters no less than 6.4 mm (\1/4\
                                                                                         inch) high.
                                                                                     The equipment must have red
                                                                                      Pantone[supreg] Matching System #185
                                                                                      or RAL 3020 marked service ports,
                                                                                      pipes, hoses, or other devices through
                                                                                      which the refrigerant passes, to
                                                                                      indicate the use of a flammable
                                                                                      refrigerant. This color must be
                                                                                      applied at all service ports and other
                                                                                      parts of the system where service
                                                                                      puncturing or other actions creating
                                                                                      an opening from the refrigerant
                                                                                      circuit to the atmosphere might be
                                                                                      expected and must extend a minimum of
                                                                                      one (1) inch (25mm) in both directions
                                                                                      from such locations and shall be
                                                                                      replaced if removed.

[[Page 50467]]

 
                                                                                     In addition to or instead of the
                                                                                      markings described in Clause 7.6DV D1
                                                                                      of UL 60335-2-89,\1\ \2\ \8\ the
                                                                                      equipment may display the GHS warning
                                                                                      symbol for hazard category 1 flammable
                                                                                      gases (black flame on a white
                                                                                      background in a diamond with equal
                                                                                      length sides with a red border), as
                                                                                      defined in Chapter 2.2, Flammable
                                                                                      Gasses, and Annex 1, Classification
                                                                                      and Labelling Summary Tables, of ST/SG/
                                                                                      AC.10/30/Rev.9, Global Harmonized
                                                                                      System (GHS) of Classification and
                                                                                      Labelling of Chemicals, Ninth revised
                                                                                      edition \1\ \13\ \14\ on the following
                                                                                      three locations:
                                                                                         Outside of the equipment
                                                                                         (label (a));
                                                                                         on the appliance packaging
                                                                                         for a factory-charged unit or
                                                                                         adjacent to the control panel or
                                                                                         nameplate of a unit charged in
                                                                                         place (label (d)); and
                                                                                         in a location visible when
                                                                                         accessing a service port and where
                                                                                         service puncturing or otherwise
                                                                                         creating an opening from the
                                                                                         refrigerant circuit to the
                                                                                         atmosphere might be expected (e.g.,
                                                                                         process tubes) (service label).
                                                                                     The perpendicular height of the diamond
                                                                                      containing the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      shall be at least 15 mm (\9/16\ in).
                                                                                      In addition, next to the GHS warning
                                                                                      symbol for hazard category 1 flammable
                                                                                      gases must be text of the refrigerant
                                                                                      safety class of the refrigerant
                                                                                      according to ASHRAE 34-2022,\1\ \9\
                                                                                      \10\ \11\ in letters at least one-
                                                                                      third the height of the diamond
                                                                                      symbol.
5. Very low temperature              Ethane (R-170)........  Acceptable subject to   This refrigerant may be used only in     Applicable OSHA
 refrigeration. Non-mechanical heat                           use conditions.         new equipment specifically designed      requirements at 29 CFR
 transfer (New equipment only).                                                       and clearly identified for the           part 1910 must be
                                                                                      refrigerant (i.e., the substitute may    followed, including those
                                                                                      not be used as a conversion or           at 29 CFR 1910.94
                                                                                      ``retrofit'' refrigerant for existing    (ventilation) and
                                                                                      equipment designed for other             1910.106 (flammable and
                                                                                      refrigerants).                           combustible liquids),
                                                                                     This refrigerant may only be used in      1910.110 (storage and
                                                                                      equipment that meets requirements in     handling of liquefied
                                                                                      Supplement SB to UL 471.\1\ \2\ \3\ In   petroleum gases),
                                                                                      cases where this listing 5 of this       1910.157 (portable fire
                                                                                      table includes requirements more         extinguishers), and
                                                                                      stringent than those of UL 471, the      1910.1000 (toxic and
                                                                                      appliance must meet the requirements     hazardous substances).
                                                                                      of listing 5 of this table in place of  Proper ventilation should
                                                                                      the requirements in UL 471.              be maintained at all
                                                                                     The charge size for the equipment must    times during the
                                                                                      not exceed 150 g (5.29 oz) in each       manufacture and storage
                                                                                      circuit.                                 of equipment containing
                                                                                     As provided in clauses SB6.1.2 to         hydrocarbon refrigerants
                                                                                      SB6.1.5 of UL 471,\1\ \2\ \3\ the        through adherence to good
                                                                                      following markings must be attached at   manufacturing practices
                                                                                      the locations provided and must be       as per 29 CFR 1910.106.
                                                                                      permanent:                               If refrigerant levels in
                                                                                                                               the air surrounding the
                                                                                                                               equipment rise above one-
                                                                                                                               fourth of the lower
                                                                                                                               flammability limit, the
                                                                                                                               space should be evacuated
                                                                                                                               and re-entry should occur
                                                                                                                               only after the space has
                                                                                                                               been properly ventilated.
                                                                                                                              Technicians and equipment
                                                                                                                               manufacturers

[[Page 50468]]

 
                                                                                        (a) On or near any evaporators that    should wear appropriate
                                                                                         can be contacted by the consumer:     personal protective
                                                                                         ``DANGER--Risk of Fire or             equipment, including
                                                                                         Explosion. Flammable Refrigerant      chemical goggles and
                                                                                         Used. Do Not Use Mechanical Devices   protective gloves, when
                                                                                         To Defrost Refrigerator. Do Not       handling ethane. Special
                                                                                         Puncture Refrigerant Tubing.''        care should be taken to
                                                                                     (b) Near the machine compartment:         avoid contact with the
                                                                                      ``DANGER--Risk of Fire or Explosion.     skin since ethane, like
                                                                                      Flammable Refrigerant Used. To Be        many refrigerants, can
                                                                                      Repaired Only By Trained Service         cause freeze burns on the
                                                                                      Personnel. Do Not Puncture Refrigerant   skin.
                                                                                      Tubing.''                               A Class B dry powder type
                                                                                     (c) Near the machine compartment:         fire extinguisher should
                                                                                      ``CAUTION--Risk of Fire or Explosion.    be kept nearby.
                                                                                      Flammable Refrigerant Used. Consult     Technicians should only
                                                                                      Repair Manual/Owner's Guide Before       use spark-proof tools
                                                                                      Attempting To Service This Product.      when working on equipment
                                                                                      All Safety Precautions Must be           with flammable
                                                                                      Followed.''                              refrigerants.
                                                                                     (d) On the exterior of the               Any recovery equipment
                                                                                      refrigerator: ``CAUTION--Risk of Fire    used should be designed
                                                                                      or Explosion. Dispose of Properly In     for flammable
                                                                                      Accordance With Federal Or Local         refrigerants.
                                                                                      Regulations. Flammable Refrigerant      Any refrigerant releases
                                                                                      Used.''                                  should be in a well-
                                                                                     (e) Near any and all exposed              ventilated area, such as
                                                                                      refrigerant tubing: ``CAUTION--Risk of   outside of a building.
                                                                                      Fire or Explosion Due To Puncture Of    Only technicians
                                                                                      Refrigerant Tubing; Follow Handling      specifically trained in
                                                                                      Instructions Carefully. Flammable        handling flammable
                                                                                      Refrigerant Used.''                      refrigerants should
                                                                                     All of these markings must be in          service equipment
                                                                                      letters no less than 6.4 mm (\1/4\       containing ethane.
                                                                                      inch) high.                              Technicians should gain
                                                                                     The refrigeration equipment must have     an understanding of
                                                                                      red, Pantone[supreg] Matching System     minimizing the risk of
                                                                                      #185 or RAL 3020 marked pipes, hoses,    fire and the steps to use
                                                                                      and other devices through which the      flammable refrigerants
                                                                                      refrigerant is serviced, typically       safely. Room occupants
                                                                                      known as the service port, to indicate   should evacuate the space
                                                                                      the use of a flammable refrigerant.      immediately following the
                                                                                      This color must be present at all        accidental release of
                                                                                      service ports and where service          this refrigerant.
                                                                                      puncturing or otherwise creating an     If a service port is added
                                                                                      opening from the refrigerant circuit     then refrigeration
                                                                                      to the atmosphere might be expected      equipment using this
                                                                                      (e.g., process tubes). The color mark    refrigerant should have
                                                                                      must extend at least 2.5 centimeters     service aperture fittings
                                                                                      (1 inch) from the compressor and must    that differ from fittings
                                                                                      be replaced if removed.                  used in equipment or
                                                                                                                               containers using non-
                                                                                                                               flammable refrigerant.
                                                                                                                               ``Differ'' means that
                                                                                                                               either the diameter
                                                                                                                               differs by at least \1/
                                                                                                                               16\ inch or the thread
                                                                                                                               direction is reversed
                                                                                                                               (i.e., right-handed vs.
                                                                                                                               left-handed). These
                                                                                                                               different fittings should
                                                                                                                               be permanently affixed to
                                                                                                                               the unit at the point of
                                                                                                                               service and maintained
                                                                                                                               until the end-of-life of
                                                                                                                               the unit, and should not
                                                                                                                               be accessed with an
                                                                                                                               adaptor.
                                                                                                                              An example of non-
                                                                                                                               mechanical heat transfer
                                                                                                                               using this refrigerant
                                                                                                                               would be use in a
                                                                                                                               secondary loop of a
                                                                                                                               thermosiphon.
6. Vending machines (New equipment   Isobutane (R-600a),     Acceptable subject to   These refrigerants may be used only in   Applicable OSHA
 only).                               Propane (R-290), R-     use conditions.         new equipment specifically designed      requirements at 29 CFR
                                      441A.                                           and clearly identified for the           part 1910 must be
                                                                                      refrigerants (i.e., none of these        followed, including those
                                                                                      substitutes may be used as a             at 29 CFR 1910.94
                                                                                      conversion or ``retrofit'' refrigerant   (ventilation) and
                                                                                      for existing equipment designed for      1910.106 (flammable and
                                                                                      other refrigerants). Detaching and       combustible liquids),
                                                                                      replacing the old refrigeration          1910.110 (storage and
                                                                                      circuit from the outer casing of the     handling of liquefied
                                                                                      equipment with a new one containing a    petroleum gases),
                                                                                      new evaporator, condenser, and           1910.157 (portable fire
                                                                                      refrigerant tubing within the old        extinguishers), and
                                                                                      casing is considered ``new'' equipment   1910.1000 (toxic and
                                                                                      and not a retrofit of the old,           hazardous substances).
                                                                                      existing equipment.                     Proper ventilation should
                                                                                     These substitutes may only be used in     be maintained at all
                                                                                      equipment that meets requirements in     times during the
                                                                                      Supplement SA to UL 541.\1\ \2\ \5\ In   manufacture and storage
                                                                                      cases where this listing 6 of this       of equipment containing
                                                                                      table includes requirements more         hydrocarbon refrigerants
                                                                                      stringent than those of UL 541, the      through adherence to good
                                                                                      appliance must meet the requirements     manufacturing practices
                                                                                      of this listing 6 of this table in       as per 29 CFR 1910.106.
                                                                                      place of the requirements in UL 541.     If refrigerant levels in
                                                                                      The charge size for vending machines     the air surrounding the
                                                                                      must not exceed 150 g (5.29 oz) in       equipment rise above one-
                                                                                      each circuit.                            fourth of the lower
                                                                                     As provided in clauses SA6.1.2 to         flammability limit, the
                                                                                      SA6.1.5 of UL 541,\1\ \2\ \5\ the        space should be evacuated
                                                                                      following markings must be attached at   and re-entry should occur
                                                                                      the locations provided and must be       only after the space has
                                                                                      permanent:                               been properly ventilated.
                                                                                                                              Technicians and equipment
                                                                                                                               manufacturers should wear
                                                                                                                               appropriate personal
                                                                                                                               protective equipment,
                                                                                                                               including chemical
                                                                                                                               goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               these refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin since these
                                                                                                                               refrigerants, like many
                                                                                                                               refrigerants, can cause
                                                                                                                               freeze burns on the skin.

[[Page 50469]]

 
                                                                                        (a) On or near any evaporators that   A Class B dry powder type
                                                                                         can be contacted by the consumer:     fire extinguisher should
                                                                                         ``DANGER--Risk of Fire or             be kept nearby.
                                                                                         Explosion. Flammable Refrigerant     Technicians should only
                                                                                         Used. Do Not Use Mechanical Devices   use spark-proof tools
                                                                                         To Defrost Refrigerator. Do Not       when working on
                                                                                         Puncture Refrigerant Tubing.''        refrigeration equipment
                                                                                     (b) Near the machine compartment:         with flammable
                                                                                      ``DANGER--Risk of Fire or Explosion.     refrigerants.
                                                                                      Flammable Refrigerant Used. To Be       Any recovery equipment
                                                                                      Repaired Only By Trained Service         used should be designed
                                                                                      Personnel. Do Not Puncture Refrigerant   for flammable
                                                                                      Tubing.''                                refrigerants.
                                                                                     (c) Near the machine compartment:        Any refrigerant releases
                                                                                      ``CAUTION--Risk of Fire or Explosion.    should be in a well-
                                                                                      Flammable Refrigerant Used. Consult      ventilated area, such as
                                                                                      Repair Manual/Owner's Guide Before       outside of a building.
                                                                                      Attempting To Service This Product.     Only technicians
                                                                                      All Safety Precautions Must be           specifically trained in
                                                                                      Followed.''                              handling flammable
                                                                                     (d) On the exterior of the                refrigerants should
                                                                                      refrigerator: ``CAUTION--Risk of Fire    service refrigeration
                                                                                      or Explosion. Dispose of Properly In     equipment containing
                                                                                      Accordance With Federal Or Local         these refrigerants.
                                                                                      Regulations. Flammable Refrigerant       Technicians should gain
                                                                                      Used.''                                  an understanding of
                                                                                     (e) Near any and all exposed              minimizing the risk of
                                                                                      refrigerant tubing: ``CAUTION--Risk of   fire and the steps to use
                                                                                      Fire or Explosion Due To Puncture Of     flammable refrigerants
                                                                                      Refrigerant Tubing; Follow Handling      safely.
                                                                                      Instructions Carefully. Flammable
                                                                                      Refrigerant Used.''
                                                                                     All of these markings must be in
                                                                                      letters no less than 6.4 mm (\1/4\
                                                                                      inch) high.
                                                                                     The refrigeration equipment must have
                                                                                      red, Pantone[supreg] Matching System
                                                                                      #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.
7. Residential and light-commercial  Propane (R-290), R-     Acceptable subject to   These refrigerants may be used only in   Applicable OSHA
 air conditioning and heat pumps--    441A.                   use conditions.         new equipment specifically designed      requirements at 29 CFR
 self-contained room air                                                              and clearly identified for the           part 1910 must be
 conditioners only (New equipment                                                     refrigerants (i.e., none of these        followed, including those
 only).                                                                               substitutes may be used as a             at 29 CFR 1910.94
                                                                                      conversion or ``retrofit'' refrigerant   (ventilation) and
                                                                                      for existing equipment designed for      1910.106 (flammable and
                                                                                      other refrigerants).                     combustible liquids),
                                                                                     These refrigerants may only be used in    1910.110 (storage and
                                                                                      equipment that meets requirements in     handling of liquefied
                                                                                      Supplement SA and Appendices B through   petroleum gases),
                                                                                      F of UL 484.\1\ \2\ \4\ In cases where   1910.157 (portable fire
                                                                                      listing 7 of this table includes         extinguishers), and
                                                                                      requirements more stringent than those   1910.1000 (toxic and
                                                                                      of UL 484, the appliance must meet the   hazardous substances).
                                                                                      requirements of this listing 7 of this  Proper ventilation should
                                                                                      table in place of the requirements in    be maintained at all
                                                                                      UL 484.                                  times during the
                                                                                     The charge size for the entire air        manufacture and storage
                                                                                      conditioner must not exceed the          of equipment containing
                                                                                      maximum refrigerant mass determined      hydrocarbon refrigerants
                                                                                      according to Appendix F of UL 484 for    through adherence to good
                                                                                      the room size where the air              manufacturing practices
                                                                                      conditioner is used. The charge size     as per 29 CFR 1910.106.
                                                                                      for these three refrigerants must in     If refrigerant levels in
                                                                                      no case exceed 1,000 g (35.3 oz or       the air surrounding the
                                                                                      2.21 pounds) of propane or 1,000 g       equipment rise above one-
                                                                                      (35.3 oz or 2.21 pounds) of R-441A.      fourth of the lower
                                                                                      For portable air conditioners, the       flammability limit, the
                                                                                      charge size must in no case exceed 300   space should be evacuated
                                                                                      g (10.6 oz or 0.66 pounds) of propane    and re-entry should occur
                                                                                      or 330 g (11.6 oz or 0.72 pounds) of R-  only after the space has
                                                                                      441A. The manufacturer must design a     been properly ventilated.
                                                                                      charge size for the entire air          Technicians and equipment
                                                                                      conditioner that does not exceed the     manufacturers should wear
                                                                                      amount specified for the unit's          appropriate personal
                                                                                      cooling capacity, as specified in        protective equipment,
                                                                                      table A, B, C, D, or E of this           including chemical
                                                                                      appendix R.                              goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               these refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin since these
                                                                                                                               refrigerants, like many
                                                                                                                               refrigerants, can cause
                                                                                                                               freeze burns on the skin.
                                                                                                                              A Class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.
                                                                                                                              Technicians should only
                                                                                                                               use spark-proof tools
                                                                                                                               when working on air
                                                                                                                               conditioning equipment
                                                                                                                               with flammable
                                                                                                                               refrigerants.

[[Page 50470]]

 
                                                                                     As provided in clauses SA6.1.2 to        Any recovery equipment
                                                                                      SA6.1.5 of UL 484,\1\ \2\ \4\ the        used should be designed
                                                                                      following markings must be attached at   for flammable
                                                                                      the locations provided and must be       refrigerants.
                                                                                      permanent:                              Any refrigerant releases
                                                                                     (a) On the outside of the air             should be in a well-
                                                                                      conditioner: ``DANGER--Risk of Fire or   ventilated area, such as
                                                                                      Explosion. Flammable Refrigerant Used.   outside of a building.
                                                                                      To Be Repaired Only By Trained Service  Only technicians
                                                                                      Personnel. Do Not Puncture Refrigerant   specifically trained in
                                                                                      Tubing.''                                handling flammable
                                                                                     (b) On the outside of the air             refrigerants should
                                                                                      conditioner: ``CAUTION--Risk of Fire     service air conditioning
                                                                                      or Explosion. Dispose of Properly In     equipment containing
                                                                                      Accordance With Federal Or Local         these refrigerants.
                                                                                      Regulations. Flammable Refrigerant       Technicians should gain
                                                                                      Used.''                                  an understanding of
                                                                                     (c) On the inside of the air              minimizing the risk of
                                                                                      conditioner near the compressor:         fire and the steps to use
                                                                                      ``CAUTION--Risk of Fire or Explosion.    flammable refrigerants
                                                                                      Flammable Refrigerant Used. Consult      safely.
                                                                                      Repair Manual/Owner's Guide Before      Room occupants should
                                                                                      Attempting To Service This Product.      evacuate the space
                                                                                      All Safety Precautions Must be           immediately following the
                                                                                      Followed.''                              accidental release of
                                                                                     (d) On the outside of each portable air   this refrigerant.
                                                                                      conditioner: ``WARNING: Appliance       If a service port is added
                                                                                      shall be installed, operated and         then air conditioning
                                                                                      stored in a room with a floor area       equipment using this
                                                                                      larger the ``X'' m\2\ (Y ft\2\).'' The   refrigerant should have
                                                                                      value ``X'' on the label must be         service aperture fittings
                                                                                      determined using the minimum room size   that differ from fittings
                                                                                      in m\2\ calculated using Appendix F of   used in equipment or
                                                                                      UL 484. For R-441A, use a lower          containers using non-
                                                                                      flammability limit of 0.041 kg/m\3\ in   flammable refrigerant.
                                                                                      calculations in Appendix F of UL 484.    ``Differ'' means that
                                                                                     All of these markings must be in          either the diameter
                                                                                      letters no less than 6.4 mm (\1/4\       differs by at least \1/
                                                                                      inch) high.                              16\ inch or the thread
                                                                                     The air conditioning equipment must       direction is reversed
                                                                                      have red, Pantone[supreg] Matching       (i.e., right-handed vs.
                                                                                      System #185 or RAL 3020 marked pipes,    left-handed). These
                                                                                      hoses, and other devices through which   different fittings should
                                                                                      the refrigerant is serviced, typically   be permanently affixed to
                                                                                      known as the service port, to indicate   the unit at the point of
                                                                                      the use of a flammable refrigerant.      service and maintained
                                                                                      This color must be present at all        until the end-of-life of
                                                                                      service ports and where service          the unit, and should not
                                                                                      puncturing or otherwise creating an      be accessed with an
                                                                                      opening from the refrigerant circuit     adaptor.
                                                                                      to the atmosphere might be expected     Examples of air
                                                                                      (e.g., process tubes). The color mark    conditioning equipment in
                                                                                      must extend at least 2.5 centimeters     this category include
                                                                                      (1 inch) from the compressor and must    window air conditioning
                                                                                      be replaced if removed.                  units, portable room air
                                                                                                                               conditioners, and
                                                                                                                               packaged terminal air
                                                                                                                               conditioners and heat
                                                                                                                               pumps.
8. Residential and light-commercial  HFC-32................  Acceptable subject to   This refrigerant may be used only in     Applicable OSHA
 air conditioning and heat pumps--                            use conditions.         new equipment specifically designed      requirements at 29 CFR
 self-contained room air                                                              and clearly identified for the           part 1910 must be
 conditioners only (New equipment                                                     refrigerant (i.e., this substitute may   followed, including those
 only) manufactured from May 10,                                                      not be used as a conversion or           at 29 CFR 1910.94
 2015, and up to but not including                                                    ``retrofit'' refrigerant for existing    (ventilation) and
 May 30, 2023.                                                                        equipment designed for other             1910.106 (flammable and
                                                                                      refrigerants).                           combustible liquids),
                                                                                     This refrigerant may only be used in      1910.110 (storage and
                                                                                      equipment that meets all requirements    handling of liquefied
                                                                                      in Supplement SA and Appendices B        petroleum gases),
                                                                                      through F of UL 484.\1\ \2\ \4\ In       1910.157 (portable fire
                                                                                      cases where this listing 8 of this       extinguishers), and
                                                                                      table includes requirements more         1910.1000 (toxic and
                                                                                      stringent than those of UL 484, the      hazardous substances).
                                                                                      appliance must meet the requirements    Proper ventilation should
                                                                                      of listing 8 of this table in place of   be maintained at all
                                                                                      the requirements in UL 484.              times during the
                                                                                     The charge size for the entire air        manufacture and storage
                                                                                      conditioner must not exceed the          of equipment containing
                                                                                      maximum refrigerant mass determined      hydrocarbon refrigerants
                                                                                      according to Appendix F of UL 484 for    through adherence to good
                                                                                      the room size where the air              manufacturing practices
                                                                                      conditioner is used. The manufacturer    as per 29 CFR 1910.106.
                                                                                      must design a charge size for the        If refrigerant levels in
                                                                                      entire air conditioner that does not     the air surrounding the
                                                                                      exceed the amount specified for the      equipment rise above one-
                                                                                      unit's cooling capacity, as specified    fourth of the lower
                                                                                      in table A, B, C, D, or E of this        flammability limit, the
                                                                                      appendix.                                space should be evacuated
                                                                                     For equipment following this listing 8,   and re-entry should occur
                                                                                      and as provided in clauses SA6.1.2 to    only after the space has
                                                                                      SA6.1.5 of UL 484,\1\ \2\ \4\ the        been properly ventilated.
                                                                                      following markings must be attached at  Technicians and equipment
                                                                                      the locations provided and must be       manufacturers should wear
                                                                                      permanent:                               appropriate personal
                                                                                                                               protective equipment,
                                                                                                                               including chemical
                                                                                                                               goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               these refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin since these
                                                                                                                               refrigerants, like many
                                                                                                                               refrigerants, can cause
                                                                                                                               freeze burns on the skin.
                                                                                                                              A Class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.

[[Page 50471]]

 
                                                                                        (a) On the outside of the air         Technicians should only
                                                                                         conditioner: ``DANGER--Risk of Fire   use spark-proof tools
                                                                                         or Explosion. Flammable Refrigerant   when working on air
                                                                                         Used. To Be Repaired Only By          conditioning equipment
                                                                                         Trained Service Personnel. Do Not     with flammable
                                                                                         Puncture Refrigerant Tubing.''        refrigerants.
                                                                                     (b) On the outside of the air            Any recovery equipment
                                                                                      conditioner: ``CAUTION--Risk of Fire     used should be designed
                                                                                      or Explosion. Dispose of Properly In     for flammable
                                                                                      Accordance With Federal Or Local         refrigerants.
                                                                                      Regulations. Flammable Refrigerant      Any refrigerant releases
                                                                                      Used.''                                  should be in a well-
                                                                                     (c) On the inside of the air              ventilated area, such as
                                                                                      conditioner near the compressor:         outside of a building.
                                                                                      ``CAUTION--Risk of Fire or Explosion.   Only technicians
                                                                                      Flammable Refrigerant Used. Consult      specifically trained in
                                                                                      Repair Manual/Owner's Guide Before       handling flammable
                                                                                      Attempting To Service This Product.      refrigerants should
                                                                                      All Safety Precautions Must be           service refrigeration
                                                                                      Followed.''                              equipment containing
                                                                                     (d) On the outside of each portable air   these refrigerants.
                                                                                      conditioner: ``WARNING: Appliance        Technicians should gain
                                                                                      shall be installed, operated and         an understanding of
                                                                                      stored in a room with a floor area       minimizing the risk of
                                                                                      larger the ``X'' m\2\ (Y ft\2\).'' The   fire and the steps to use
                                                                                      value ``X'' on the label must be         flammable refrigerants
                                                                                      determined using the minimum room size   safely.
                                                                                      in m\2\ calculated using Appendix F of  Room occupants should
                                                                                      UL 484.                                  evacuate the space
                                                                                     All of these markings must be in          immediately following the
                                                                                      letters no less than 6.4 mm (\1/4\       accidental release of
                                                                                      inch) high.                              this refrigerant.
                                                                                     The air conditioning equipment must      If a service port is added
                                                                                      have red, Pantone[supreg] Matching       then air conditioning
                                                                                      System (PMS) #185 marked pipes, hoses,   equipment using this
                                                                                      and other devices through which the      refrigerant should have
                                                                                      refrigerant is serviced, typically       service aperture fittings
                                                                                      known as the service port, to indicate   that differ from fittings
                                                                                      the use of a flammable refrigerant.      used in equipment or
                                                                                      This color must be present at all        containers using non-
                                                                                      service ports and where service          flammable refrigerant.
                                                                                      puncturing or otherwise creating an      ``Differ'' means that
                                                                                      opening from the refrigerant circuit     either the diameter
                                                                                      to the atmosphere might be expected      differs by at least \1/
                                                                                      (e.g., process tubes). The color mark    16\ inch or the thread
                                                                                      must extend at least 2.5 centimeters     direction is reversed
                                                                                      (1 inch) from the compressor and must    (i.e., right-handed vs.
                                                                                      be replaced if removed.                  left-handed). These
                                                                                                                               different fittings should
                                                                                                                               be permanently affixed to
                                                                                                                               the unit at the point of
                                                                                                                               service and maintained
                                                                                                                               until the end-of-life of
                                                                                                                               the unit, and should not
                                                                                                                               be accessed with an
                                                                                                                               adaptor.
                                                                                                                              Air conditioning equipment
                                                                                                                               in this category
                                                                                                                               includes:
                                                                                                                              Window air conditioning
                                                                                                                               units.
                                                                                                                              Portable room air
                                                                                                                               conditioners.
                                                                                                                              Packaged terminal air
                                                                                                                               conditioners and heat
                                                                                                                               pumps.
9. Residential and light-commercial  HFC-32................  Acceptable subject to   This refrigerant may only be used in
 air conditioning and heat pumps--                            use conditions.         equipment that meets all requirements
 self-contained room air                                                              in either:
 conditioners only (New equipment                                                    (1) Supplement SA and Appendices B
 only) manufactured from May 30,                                                      through F of UL 484 \1\ \2\ \4\ and
 2023 through January 1, 2024.                                                        listing 8 of this table, or
                                                                                     (2) UL 60335-2-40 \1\ \2\ \7\ and
                                                                                      listing 10 of this table.

[[Page 50472]]

 
10. Residential and light-           HFC-32................  Acceptable subject to   This refrigerant may be used only in     Applicable OSHA
 commercial air conditioning and                              use conditions.         new equipment specifically designed      requirements at 29 CFR
 heat pumps--self-contained room                                                      and clearly identified for the           part 1910 must be
 air conditioners only. (New                                                          refrigerant (i.e., this substitute may   followed, including those
 equipment only) manufactured on or                                                   not be used as a conversion or           at 29 CFR 1910.94
 after January 2, 2024.                                                               ``retrofit'' refrigerant for existing    (ventilation) and
                                                                                      equipment designed for other             1910.106 (flammable and
                                                                                      refrigerants).                           combustible liquids),
                                                                                     This substitute may only be used in air   1910.110 (storage and
                                                                                      conditioning equipment that meets all    handling of liquefied
                                                                                      requirements in UL 60335-2-40 \1\ \2\    petroleum gases), and
                                                                                      \7\ and this listing 10 of this table.   1910.1000 (toxic and
                                                                                     In cases where this listing 10 includes   hazardous substances).
                                                                                      requirements more stringent than those  Proper ventilation should
                                                                                      of UL 60335-2-40, the appliance must     be maintained at all
                                                                                      meet the requirements of this listing    times during the
                                                                                      10 in place of the requirements in UL    manufacture and storage
                                                                                      60335-2-40.                              of equipment containing
                                                                                     The following markings must be attached   flammable refrigerants
                                                                                      at the locations provided and must be    through adherence to good
                                                                                      permanent:                               manufacturing practices
                                                                                     (a) On the outside of the equipment:      as per 29 CFR 1910.106.
                                                                                      ``WARNING--Risk of Fire. Flammable       If refrigerant levels in
                                                                                      Refrigerant Used. To Be Repaired Only    the air surrounding the
                                                                                      By Trained Service Personnel. Do Not     equipment rise above one-
                                                                                      Puncture Refrigerant Tubing.''           fourth of the lower
                                                                                     (b) On the outside of the equipment:      flammability limit, the
                                                                                      ``WARNING--Risk of Fire. Dispose of      space should be
                                                                                      Properly In Accordance With Federal Or   evacuated, and reentry
                                                                                      Local Regulations. Flammable             should occur only after
                                                                                      Refrigerant Used.''                      the space has been
                                                                                     (c) On the inside of the equipment near   properly ventilated.
                                                                                      the compressor: ``WARNING--Risk of      Technicians and equipment
                                                                                      Fire. Flammable Refrigerant Used.        manufacturers should wear
                                                                                      Consult Repair Manual/Owner's Guide      appropriate personal
                                                                                      Before Attempting to Service This        protective equipment,
                                                                                      Product. All Safety Precautions Must     including chemical
                                                                                      be Followed.''                           goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               flammable refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin which, like
                                                                                                                               many refrigerants, can
                                                                                                                               cause freeze burns on the
                                                                                                                               skin.
                                                                                                                              A class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.
                                                                                                                              Technicians should only
                                                                                                                               use spark-proof tools
                                                                                                                               when working on air
                                                                                                                               conditioning equipment
                                                                                                                               with flammable
                                                                                                                               refrigerants.
                                                                                                                              Any recovery equipment
                                                                                                                               used should be designed
                                                                                                                               for flammable
                                                                                                                               refrigerants. Only
                                                                                                                               technicians specifically
                                                                                                                               trained in handling flam-

[[Page 50473]]

 
                                                                                        (d) For any equipment pre-charged at   mable refrigerants should
                                                                                         the factory, on the equipment         service refrigeration
                                                                                         packaging or on the outside of the    equipment containing this
                                                                                         equipment: ``WARNING--Risk of Fire    refrigerant. Technicians
                                                                                         due to Flammable Refrigerant Used.    should gain an
                                                                                         Follow Handling Instructions          understanding of
                                                                                         Carefully in Compliance with          minimizing the risk of
                                                                                         National Regulations''                fire and the steps to use
                                                                                     a. If the equipment is delivered          flammable refrigerants
                                                                                      packaged, this label shall be applied    safely.
                                                                                      on the packaging.                       Room occupants should
                                                                                     b. If the equipment is not delivered      evacuate the space
                                                                                      packaged, this label shall be applied    immediately following the
                                                                                      on the outside of the equipment near     accidental release of
                                                                                      the control panel or nameplate.          this refrigerant.
                                                                                     (e) On the equipment near the            Personnel commissioning,
                                                                                      nameplate:                               maintaining, repairing,
                                                                                     a. At the top of the marking: ``Minimum   decommissioning and
                                                                                      Installation height, X m (W ft).''       disposing of appliances
                                                                                      This marking is only required if         with this refrigerant
                                                                                      required by the UL 60335-2-40. The       should obtain training
                                                                                      terms ``X'' and ``W'' shall be           and follow practices
                                                                                      replaced by the numeric height as        consistent with Annex HH
                                                                                      calculated per UL 60335-2-40. Note       of UL 60335-2-40.\2\ \7\
                                                                                      that the formatting here is slightly    CAA section 608(c)(2)
                                                                                      different than UL 60335-2-40;            prohibits knowingly
                                                                                      specifically, the height in Inch-Pound   venting or otherwise
                                                                                      units is placed in parentheses and the   knowingly releasing or
                                                                                      word ``and'' has been replaced by the    disposing of substitute
                                                                                      opening parenthesis.                     refrigerants in the
                                                                                     b. Immediately below marking (a) of       course of maintaining,
                                                                                      this listing 8 or at the top of the      servicing, repairing or
                                                                                      marking if marking (a) is not            disposing of an appliance
                                                                                      required: ``Minimum room area            or industrial process
                                                                                      (operating or storage), Y m\2\ (Z        refrigeration.
                                                                                      ft\2\).'' The terms ``Y'' and ``Z''     Department of
                                                                                      shall be replaced by the numeric area    Transportation
                                                                                      as calculated per UL 60335-2-40. Note    requirements for
                                                                                      that the formatting here is slightly     transport of flammable
                                                                                      different than UL 60335-2-40;            gases must be followed.
                                                                                      specifically, the area in Inch-Pound    Flammable refrigerants
                                                                                      units is placed in parentheses and the   being recovered or
                                                                                      word ``and'' has been replaced by the    otherwise disposed of
                                                                                      opening parenthesis.                     from residential and
                                                                                     (f) For non-fixed equipment, on the       light commercial air
                                                                                      outside of the product: ``WARNING--      conditioning appliances
                                                                                      Risk of Fire or Explosion--Store in a    are likely to be
                                                                                      well-ventilated room without             hazardous waste under the
                                                                                      continuously operating flames or other   Resource Conservation and
                                                                                      potential ignition.''                    Recovery Act (RCRA) (see
                                                                                     (g) All of these markings must be in      40 CFR parts 260 through
                                                                                      letters no less than 6.4 mm (\1/4\       270).
                                                                                      inch) high.
                                                                                     The equipment must have red Pantone
                                                                                      Matching System (PMS) #185 or RAL 3020
                                                                                      marked service ports, pipes, hoses, or
                                                                                      other devices through which the
                                                                                      refrigerant passes, to indicate the
                                                                                      use of a flammable refrigerant. This
                                                                                      color must be applied at all service
                                                                                      ports and other parts of the system
                                                                                      where service puncturing or other
                                                                                      actions creating an opening from the
                                                                                      refrigerant circuit to the atmosphere
                                                                                      might be expected and must extend a
                                                                                      minimum of one (1) inch (25mm) in both
                                                                                      directions from such locations and
                                                                                      shall be replaced if removed.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR part 51). You may inspect a copy at the
  U.S. EPA or at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: EPA Docket Center, WJC West Building, Room 3334, 1301
  Constitution Avenue NW, Washington, DC 20004, https://www.epa.gov/dockets, (202) 566-1742. For information on the availability of this material at
  NARA, visit https://www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
\2\ You may obtain the UL material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue; Bensenville, IL 60106; phone: 1-888-853-3503
  in the U.S. or Canada (other countries +1-415-352-2168); email: [email protected]; website: https://ulstandards.ul.com or
  www.shopulstandards.com.
\3\ UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable
  Refrigerant in the Refrigerating System. November 24, 2010.
\4\ UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a Flammable Refrigerant in the
  Refrigerating System and Appendices B through F. December 21, 2007, with changes through August 3, 2012.
\5\ UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders Employing a Flammable Refrigerant in the
  Refrigerating System. December 30, 2011.
\6\ UL 60335-2-24. Standard for Safety: Requirements for Household and Similar Electrical Appliances,--Safety--Part 2-24: Particular Requirements for
  Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers, 2nd edition, dated April 28, 2017.
\7\ UL 60335-2-40, Standard for Safety: Household And Similar Electrical Appliances--Safety--Part 2-40: Particular Requirements for Electrical Heat
  Pumps, Air-Conditioners and Dehumidifiers, 3rd edition, dated November 1, 2019.
\8\ UL 60335-2-89, Standard for Safety for 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, dated October 27, 2021.
\9\ You may obtain the ANSI/ASHRAE material from: American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 180 Technology
  Parkway NW, Peachtree Corners, Georgia 30092; phone: 1-800-527-4723 or 1-404-636-8400 in the U.S. or Canada; email: [email protected]; website:
  https://www.ashrae.org/technical-resources/bookstore/ashrae-refrigeration-resources.
\10\ ANSI/ASHRAE Standard 34-2022. Designation and Safety Classification of Refrigerants, copyright 2022.
\11\ ANSI/ASHRAE Addendum a to ANSI/ASHRAE Standard 34-2022, Designation and Safety Classification of Refrigerants, ANSI-/ASHRAE-approved December 20,
  2022.

[[Page 50474]]

 
\12\ ANSI/ASHRAE Standard 15-2022. Safety Standard for Refrigeration Systems, copyright 2022.
\13\ You may obtain the material from the United Nations Publications section at: https://shop.un.org/books/global-harmon-syst-class-9-92280; United
  Nations Publications Customer Service, P.O. Box 960, Herndon, VA 20172; phone: 1-703-661-1571; email: [email protected].
\14\ ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition, copyright 2021; Chapter
  2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables.

* * * * *

0
4. 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 June 13, 
2024 Final Rule, Effective July 15, 2024

                                                   Refrigerants--Acceptable Subject to Use Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
              End-use                      Substitute               Decision                      Use conditions                  Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Commercial ice machines (self-    Propane (R-290).......  Acceptable subject to   This refrigerant may be used only in     Applicable OSHA
 contained) (new only) manufactured                           use conditions.         new equipment designed specifically      requirements at 29 CFR
 from January 3, 2017, and up to                                                      and clearly identified for the           part 1910 must be
 but not including 7/15/2024.                                                         refrigerant--i.e., this refrigerant      followed, including those
                                                                                      may not be used as a conversion or       at 29 CFR 1910.94
                                                                                      ``retrofit'' refrigerant for existing    (ventilation), 1910.106
                                                                                      equipment.                               (flammable and
                                                                                     This refrigerant may be used only in      combustible liquids),
                                                                                      self-contained commercial ice machines   1910.110 (storage and
                                                                                      that meet requirements listed in         handling of liquefied
                                                                                      Supplement SA to UL 563.\1\ \2\ \5\ In   petroleum gases),
                                                                                      cases where this rule includes           1910.157 (portable fire
                                                                                      requirements more stringent than those   extinguishers), and
                                                                                      in UL 563, the equipment must meet the   1910.1000 (toxic and
                                                                                      requirements of the final rule in        hazardous substances).
                                                                                      place of the requirements in the UL     Proper ventilation should
                                                                                      Standard.                                be maintained at all
                                                                                     The charge size must not exceed 150 g     times during the
                                                                                      (5.29 oz) in each refrigerant circuit    manufacture and storage
                                                                                      of a commercial ice machine.             of equipment containing
                                                                                     As provided in clauses SA6.1.1 and        hydrocarbon refrigerants
                                                                                      SA6.1.2 of UL 563, the following         through adherence to good
                                                                                      markings must be attached at the         manufacturing practices
                                                                                      locations provided and must be           as per 29 CFR 1910.106.
                                                                                      permanent:                               If refrigerant levels in
                                                                                     (a) ``DANGER--Risk of Fire or             the air surrounding the
                                                                                      Explosion. Flammable Refrigerant Used.   equipment rise above one-
                                                                                      Do Not Use Mechanical Devices To         fourth of the lower
                                                                                      Defrost Refrigerator. Do Not Puncture    flammability limit, the
                                                                                      Refrigerant Tubing.'' This marking       space should be evacuated
                                                                                      must be provided on or near any          and re-entry should occur
                                                                                      evaporators that can be contacted by     only after the space has
                                                                                      the consumer.                            been properly ventilated.
                                                                                     (b) ``DANGER--Risk of Fire or            Technicians and equipment
                                                                                      Explosion. Flammable Refrigerant Used.   manufacturers should wear
                                                                                      To Be Repaired Only By Trained Service   appropriate personal
                                                                                      Personnel. Do Not Puncture Refrigerant   protective equipment,
                                                                                      Tubing.'' This marking must be located   including chemical
                                                                                      near the machine compartment.            goggles and protective
                                                                                     (c) ``CAUTION--Risk of Fire or            gloves, when handling
                                                                                      Explosion. Flammable Refrigerant Used.   propane. Special care
                                                                                      Consult Repair Manual/Owner's Guide      should be taken to avoid
                                                                                      Before Attempting To Service This        contact with the skin
                                                                                      Product. All Safety Precautions Must     since propane, like many
                                                                                      be Followed.'' This marking must be      refrigerants, can cause
                                                                                      located near the machine compartment.    freeze burns on the skin.
                                                                                     (d) ``CAUTION--Risk of Fire or           A Class B dry powder type
                                                                                      Explosion. Dispose of Properly In        fire extinguisher should
                                                                                      Accordance With Federal Or Local         be kept nearby.
                                                                                      Regulations. Flammable Refrigerant      Technicians should only
                                                                                      Used.'' This marking must be provided    use spark-proof tools
                                                                                      on the exterior of the refrigeration     when working on equipment
                                                                                      equipment.                               with propane.
                                                                                     (e) ``CAUTION--Risk of Fire or           Any recovery equipment
                                                                                      Explosion Due To Puncture Of             used should be designed
                                                                                      Refrigerant Tubing; Follow Handling      for flammable
                                                                                      Instructions Carefully. Flammable        refrigerants.
                                                                                      Refrigerant Used.'' This marking must   Any refrigerant releases
                                                                                      be provided near all exposed             should be in a well-
                                                                                      refrigerant tubing.                      ventilated area, such as
                                                                                     All of these markings must be in          outside of a building.
                                                                                      letters no less than 6.4 mm (\1/4\      Only technicians
                                                                                      inch) high.                              specifically trained in
                                                                                     The equipment must have red               handling flammable
                                                                                      Pantone[supreg] Matching System #185     refrigerants should
                                                                                      marked pipes, hoses, or other devices    service equipment
                                                                                      through which the refrigerant passes,    containing propane.
                                                                                      to indicate the use of a flammable       Technicians should gain
                                                                                      refrigerant. This color must be          an understanding of
                                                                                      applied at all service ports and other   minimizing the risk of
                                                                                      parts of the system where service        fire and the steps to use
                                                                                      puncturing or other actions creating     flammable refrigerants
                                                                                      an opening from the refrigerant          safely.
                                                                                      circuit to the atmosphere might be      Room occupants should
                                                                                      expected and must extend a minimum of    evacuate the space
                                                                                      one (1) inch in both directions from     immediately following the
                                                                                      such locations.                          accidental release of
                                                                                                                               this refrigerant.
                                                                                                                              If a service port is added
                                                                                                                               then, commercial ice
                                                                                                                               machines or equipment
                                                                                                                               using propane should have
                                                                                                                               service aperture fittings
                                                                                                                               that differ from fittings
                                                                                                                               used in equipment or
                                                                                                                               containers using non-
                                                                                                                               flammable refrigerant.
                                                                                                                               ``Differ'' means that
                                                                                                                               either the diameter
                                                                                                                               differs by at least \1/
                                                                                                                               16\ inch or the thread
                                                                                                                               direction is reversed
                                                                                                                               (i.e., right-handed vs.
                                                                                                                               left-handed). These
                                                                                                                               different fittings should
                                                                                                                               be permanently affixed to
                                                                                                                               the unit at the point of
                                                                                                                               service and maintained
                                                                                                                               until the end-of-life of
                                                                                                                               the unit and should not
                                                                                                                               be accessed with an
                                                                                                                               adaptor.

[[Page 50475]]

 
2. Commercial ice machines (self-    Propane (R-290).......  Acceptable subject to   This refrigerant may be used only in
 contained) (new only) manufactured                           use conditions.         self-contained commercial ice machines
 on or after 7/15/2024, through                                                       that meet requirements in either:
 September 29, 2024, or equipment                                                    1. Supplement SA to UL 563 \1\ \2\ \5\
 manufactured on or after September                                                   and listing 1 of this table or
 30, 2024, that remains unchanged,                                                   2. ASHRAE 15-2022,\1\ \7\ \8\ UL 60335-
 other than cosmetic changes, from                                                    2-89,\1\ \2\ \6\ and listing 3 of this
 an earlier model or design that                                                      table.
 was already certified to the UL
 563 \1\ \2\ \5\ standard before
 September 30, 2024.
3. Commercial ice machines (self-    Propane (R-290).......  Acceptable subject to   This refrigerant may be used only in     Applicable OSHA
 contained) (new only)                                        use conditions.         new equipment specifically designed      requirements at 29 CFR
 manufacturedon or after September                                                    and clearly identified for the           part 1910 must be
 30, 2024, except for equipment                                                       refrigerant (i.e., none of these         followed, including those
 manufactured on or after September                                                   substitutes may be used as a             at 29 CFR 1910.94
 30, 2024, that remains unchanged,                                                    conversion or ``retrofit'' refrigerant   (ventilation) and
 other than cosmetic changes, from                                                    for existing equipment designed for      1910.106 (flammable and
 an earlier model or design that                                                      other refrigerants).                     combustible liquids),
 was already certified to the UL                                                     This refrigerant may be used in new       1910.110 (storage and
 563\1\ \2\ \5\ standard before                                                       commercial ice machines if and only if   handling of liquefied
 September 30, 2024.                                                                  such equipment meets all requirements    petroleum gases), and
                                                                                      in ASHRAE 15-2022 \1\ \7\ \8\. In        1910.1000 (toxic and
                                                                                      cases where this listing 3 includes      hazardous substances).
                                                                                      requirements different than those of    Proper ventilation should
                                                                                      ASHRAE 15-2022 \1\ \7\ \8\ the           be maintained at all
                                                                                      appliance would need to meet the         times during the
                                                                                      requirements of this listing in place    manufacture and storage
                                                                                      of the requirements in ASHRAE 15-2022.   of equipment containing
                                                                                     This refrigerant may only be used in      flammable refrigerants
                                                                                      commercial ice machines that meet all    through adherence to good
                                                                                      requirements in UL 60335-2-89,\1\ \2\    manufacturing practices
                                                                                      \6\ except as provided otherwise in UL   as per 29 CFR 1910.106.
                                                                                      60335-2-89, in ASHRAE 15-2022, or in     If refrigerant levels in
                                                                                      this listing 3. In cases where this      the air surrounding the
                                                                                      listing includes requirements more       equipment rise above one-
                                                                                      stringent than those of UL 60335-2-89,   fourth of the lower
                                                                                      the appliance must meet the              flammability limit, the
                                                                                      requirements of this listing 3 in        space should be
                                                                                      place of the requirements in the UL      evacuated, and reentry
                                                                                      60335-2-89. Where similar requirements   should occur only after
                                                                                      of ASHRAE 15-2022 and UL 60335-2-89      the space has been
                                                                                      differ, the more stringent or            properly ventilated.
                                                                                      conservative condition shall apply      Technicians and equipment
                                                                                      unless superseded by this listing 3.     manufacturers should wear
                                                                                     The following markings must be attached   appropriate personal
                                                                                      at the locations provided and must be    protective equipment,
                                                                                      permanent:                               including chemical
                                                                                                                               goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               flammable refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin which, like
                                                                                                                               many refrigerants, can
                                                                                                                               cause freeze burns on the
                                                                                                                               skin.
                                                                                                                              A class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.
                                                                                                                              Technicians should only
                                                                                                                               use spark-proof tools
                                                                                                                               when working on air
                                                                                                                               conditioning equipment
                                                                                                                               with flammable
                                                                                                                               refrigerants.

[[Page 50476]]

 
                                                                                        (a) On the outside of the equipment:  Any recovery equipment
                                                                                         ``DANGER--Risk of Fire Or             used should be designed
                                                                                         Explosion. Flammable Refrigerant      for flammable
                                                                                         Used. To Be Repaired Only By          refrigerants. Only
                                                                                         Trained Service Personnel. Do Not     technicians specifically
                                                                                         Puncture Refrigerant Tubing.''        trained in handling
                                                                                     (b) On the outside of the equipment:      flammable refrigerants
                                                                                      ``WARNING--Risk of Fire OR Explosion.    should service
                                                                                      Dispose of Properly In Accordance With   refrigeration equipment
                                                                                      Federal Or Local Regulations.            containing this
                                                                                      Flammable Refrigerant Used.''            refrigerant. Technicians
                                                                                     (c) On the inside of the equipment near   should gain an
                                                                                      the compressor: ``DANGER--Risk of Fire   understanding of
                                                                                      Or Explosion. Flammable Refrigerant      minimizing the risk of
                                                                                      Used. Consult Repair Manual/Owner's      fire and the steps to use
                                                                                      Guide Before Attempting to Service       flammable refrigerants
                                                                                      This Product. All Safety Precautions     safely.
                                                                                      Must be Followed.''                     Room occupants should
                                                                                     (d) For any equipment pre-charged at      evacuate the space
                                                                                      the factory, on the equipment            immediately following the
                                                                                      packaging or on the outside of the       accidental release of
                                                                                      equipment: ``DANGER--Risk of Fire or     this refrigerant.
                                                                                      Explosion due to Flammable Refrigerant  Personnel commissioning,
                                                                                      Used. Follow Handling Instructions       maintaining, repairing,
                                                                                      Carefully in Compliance with National    decommissioning and
                                                                                      Regulations''                            disposing of appliances
                                                                                     a. If the equipment is delivered          with this refrigerant
                                                                                      packaged, this label shall be applied    should obtain training
                                                                                      on the packaging.                        and follow practices
                                                                                     b. If the equipment is not delivered      consistent with Annex
                                                                                      packaged, this label shall be applied    101.DVT of UL 60355-2-
                                                                                      on the outside of the equipment near     89.\1\ \2\ \5\
                                                                                      the control panel or nameplate.         Department of
                                                                                     (e) On indoor units near the nameplate:   Transportation
                                                                                                                               requirements for
                                                                                                                               transport of flammable
                                                                                                                               gases must be followed.
                                                                                                                              Flammable refrigerants
                                                                                                                               being recovered or
                                                                                                                               otherwise disposed of
                                                                                                                               from ice machine
                                                                                                                               appliances are likely to
                                                                                                                               be hazardous waste under
                                                                                                                               the Resource Conservation
                                                                                                                               and Recovery Act (RCRA)
                                                                                                                               (see 40 CFR parts 260
                                                                                                                               through 270).
                                                                                          a. At the top of the marking:
                                                                                           ``Minimum Installation Height, X
                                                                                           m (W ft)''. This marking is only
                                                                                           required if required by UL 60335-
                                                                                           2-89. The terms ``X'' and ``W''
                                                                                           shall be replaced by the numeric
                                                                                           height as calculated per UL 60335-
                                                                                           2-89. 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.
                                                                                          b. Immediately below (a) above or
                                                                                           at the top of the marking if (a)
                                                                                           is not required: ``Minimum room
                                                                                           area (operating or storage), Y m
                                                                                           \2\ (Z ft \2\)''. The terms ``Y''
                                                                                           and ``Z'' shall be replaced by
                                                                                           the numeric area as calculated
                                                                                           per UL 60335-2-89. Note that the
                                                                                           formatting here is slightly
                                                                                           different than UL 60335-2-89;
                                                                                           specifically, the area in Inch-
                                                                                           Pound units is placed in
                                                                                           parentheses and the word ``and''
                                                                                           has been replaced by the opening
                                                                                           parenthesis.
                                                                                        (f) For non-fixed equipment, on the
                                                                                         outside of the appliance:
                                                                                         ``WARNING--Risk of Fire or
                                                                                         Explosion--Store in a well-
                                                                                         ventilated room without
                                                                                         continuously operating flames or
                                                                                         other potential ignition.''
                                                                                        (g) For fixed equipment that is
                                                                                         ducted, near the nameplate:
                                                                                         ``WARNING--Risk of Fire 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.''
                                                                                        (h) All of these markings must be in
                                                                                         letters no less than 6.4 mm (\1/4\
                                                                                         inch) high.

[[Page 50477]]

 
                                                                                     The equipment must have red
                                                                                      Pantone[supreg] Matching System #185
                                                                                      or RAL 3020 marked service ports,
                                                                                      pipes, hoses, or other devices through
                                                                                      which the refrigerant passes, to
                                                                                      indicate the use of a flammable
                                                                                      refrigerant. This color must be
                                                                                      applied at all service ports and other
                                                                                      parts of the system where service
                                                                                      puncturing or other actions creating
                                                                                      an opening from the refrigerant
                                                                                      circuit to the atmosphere might be
                                                                                      expected and must extend a minimum of
                                                                                      one (1) inch (25 mm) in both
                                                                                      directions from such locations and
                                                                                      shall be replaced if removed.
                                                                                     In addition to or instead of the
                                                                                      markings described in Clause 7.6DV D1
                                                                                      of UL 60335-2-89, the equipment may
                                                                                      display the Globally Harmonized System
                                                                                      of Classification and Labelling of
                                                                                      Chemicals GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      (black flame on a white background in
                                                                                      a diamond with equal length sides with
                                                                                      a red border), as defined in Chapter
                                                                                      2.2, Flammable Gasses, and Annex 1,
                                                                                      Classification and Labelling Summary
                                                                                      Tables, of ST/SG/AC.10/30/Rev.9,
                                                                                      Global Harmonized System (GHS) of
                                                                                      Classification and Labelling of
                                                                                      Chemicals, Ninth revised edition \1\
                                                                                      \11\ \12\:
                                                                                         Outside of the equipment
                                                                                         (label (a));
                                                                                         on the appliance packaging
                                                                                         for a factory-charged unit or
                                                                                         adjacent to the control panel or
                                                                                         nameplate of a unit charged in
                                                                                         place (label (d)); and
                                                                                         in a location visible when
                                                                                         accessing a service port and where
                                                                                         service puncturing or otherwise
                                                                                         creating an opening from the
                                                                                         refrigerant circuit to the
                                                                                         atmosphere might be expected (e.g.,
                                                                                         process tubes) (service label).
                                                                                     The perpendicular height of the diamond
                                                                                      containing the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      shall be at least 15 mm (\9/16\ in).
                                                                                      In addition, next to the GHS warning
                                                                                      symbol for hazard category 1 flammable
                                                                                      gases must be text of the refrigerant
                                                                                      safety class of the refrigerant
                                                                                      according to ASHRAE 34-2022,\1\ \7\
                                                                                      \9\ \10\ in letters at least one-third
                                                                                      the height of the diamond symbol.
4. Very low temperature              Propane (R-290).......  Acceptable subject to   As of January 3, 2017:                   Applicable OSHA
 refrigeration equipment (new only).                          use conditions.        This refrigerant may be used only in      requirements at 29 CFR
                                                                                      new equipment designed specifically      part 1910 must be
                                                                                      and clearly identified for the           followed, including those
                                                                                      refrigerant--i.e., this refrigerant      at 29 CFR 1910.94
                                                                                      may not be used as a conversion or       (ventilation) and
                                                                                      ``retrofit'' refrigerant for existing    1910.106 (flammable and
                                                                                      equipment.                               combustible liquids),
                                                                                     This refrigerant may only be used in      1910.110 (storage and
                                                                                      equipment that meets requirements in     handling of liquefied
                                                                                      Supplement SB to UL 471.\1\ \2\ \4\ In   petroleum gases),
                                                                                      cases where this listing 4 of this       1910.157 (portable fire
                                                                                      table includes requirements more         extinguishers), and
                                                                                      stringent than those of UL 471, the      1910.1000 (toxic and
                                                                                      appliance must meet the requirements     hazardous substances).
                                                                                      of this listing 4 of this table in      Proper ventilation should
                                                                                      place of the requirements in UL 471.     be maintained at all
                                                                                     The charge size for the equipment must    times during the
                                                                                      not exceed 150 grams (5.29 ounces) in    manufacture and storage
                                                                                      each refrigerant circuit of the very     of equipment containing
                                                                                      low temperature refrigeration            hydrocarbon refrigerants
                                                                                      equipment.                               through adherence to good
                                                                                     As provided in clauses SB6.1.2 to         manufacturing practices
                                                                                      SB6.1.5 of UL 471, the following         as per 29 CFR 1910.106.
                                                                                      markings must be attached at the         If refrigerant levels in
                                                                                      locations provided and must be           the air surrounding the
                                                                                      permanent:                               equipment rise above one-
                                                                                                                               fourth of the lower
                                                                                                                               flammability limit, the
                                                                                                                               space should be evacuated
                                                                                                                               and re-entry should occur
                                                                                                                               only after the space has
                                                                                                                               been properly ventilated.

[[Page 50478]]

 
                                                                                        (a) ``DANGER--Risk of Fire or         Technicians and equipment
                                                                                         Explosion. Flammable Refrigerant      manufacturers should wear
                                                                                         Used. Do Not Use Mechanical Devices   appropriate personal
                                                                                         To Defrost Refrigerator. Do Not       protective equipment,
                                                                                         Puncture Refrigerant Tubing.'' This   including chemical
                                                                                         marking must be provided on or near   goggles and protective
                                                                                         any evaporators that can be           gloves, when handling
                                                                                         contacted by the consumer.            propane. Special care
                                                                                     (b) ``DANGER--Risk of Fire or             should be taken to avoid
                                                                                      Explosion. Flammable Refrigerant Used.   contact with the skin
                                                                                      To Be Repaired Only By Trained Service   since propane, like many
                                                                                      Personnel. Do Not Puncture Refrigerant   refrigerants, can cause
                                                                                      Tubing.'' This marking must be located   freeze burns on the skin.
                                                                                      near the machine compartment.           A Class B dry powder type
                                                                                     (c) ``CAUTION--Risk of Fire or            fire extinguisher should
                                                                                      Explosion. Flammable Refrigerant Used.   be kept nearby.
                                                                                      Consult Repair Manual/Owner's Guide     Technicians should only
                                                                                      Before Attempting To Service This        use spark-proof tools
                                                                                      Product. All Safety Precautions Must     when working on equipment
                                                                                      be Followed.'' This marking must be      with flammable
                                                                                      located near the machine compartment.    refrigerants.
                                                                                     (d) ``CAUTION--Risk of Fire or           Any recovery equipment
                                                                                      Explosion. Dispose of Properly In        used should be designed
                                                                                      Accordance With Federal Or Local         for flammable
                                                                                      Regulations. Flammable Refrigerant       refrigerants.
                                                                                      Used.'' This marking must be provided   Any refrigerant releases
                                                                                      on the exterior of the refrigeration     should be in a well-
                                                                                      equipment.                               ventilated area, such as
                                                                                     (e) ``CAUTION--Risk of Fire or            outside of a building.
                                                                                      Explosion Due To Puncture Of            Only technicians
                                                                                      Refrigerant Tubing; Follow Handling      specifically trained in
                                                                                      Instructions Carefully. Flammable        handling flammable
                                                                                      Refrigerant Used.'' This marking must    refrigerants should
                                                                                      be provided near all exposed             service equipment
                                                                                      refrigerant tubing.                      containing propane.
                                                                                     All of these markings must be in          Technicians should gain
                                                                                      letters no less than 6.4 mm (\1/4\       an understanding of
                                                                                      inch) high.                              minimizing the risk of
                                                                                     The equipment must have red               fire and the steps to use
                                                                                      Pantone[supreg] Matching System #185     flammable refrigerants
                                                                                      marked pipes, hoses, or other devices    safely
                                                                                      through which the refrigerant passes,   Room occupants should
                                                                                      to indicate the use of a flammable       evacuate the space
                                                                                      refrigerant. This color must be          immediately following the
                                                                                      applied at all service ports and other   accidental release of
                                                                                      parts of the system where service        this refrigerant.
                                                                                      puncturing or other actions creating    If a service port is
                                                                                      an opening from the refrigerant          added, then very low
                                                                                      circuit to the atmosphere might be       temperature equipment
                                                                                      expected and must extend a minimum of    using propane should have
                                                                                      one (1) inch in both directions from     service aperture fittings
                                                                                      such locations.                          that differ from fittings
                                                                                                                               used in equipment or
                                                                                                                               containers using non-
                                                                                                                               flammable refrigerant.
                                                                                                                               ``Differ'' means that
                                                                                                                               either the diameter
                                                                                                                               differs by at least 1/16
                                                                                                                               inch or the thread
                                                                                                                               direction is reversed
                                                                                                                               (i.e., right-handed vs.
                                                                                                                               left-handed). These
                                                                                                                               different fittings should
                                                                                                                               be permanently affixed to
                                                                                                                               the unit at the point of
                                                                                                                               service and maintained
                                                                                                                               until the end-of-life of
                                                                                                                               the unit, and should not
                                                                                                                               be accessed with an
                                                                                                                               adaptor.
                                                                                                                              Very low temperature
                                                                                                                               equipment using propane
                                                                                                                               may also use another
                                                                                                                               acceptable refrigerant
                                                                                                                               substitute in a separate
                                                                                                                               refrigerant circuit or
                                                                                                                               stage (e.g., one
                                                                                                                               temperature stage with
                                                                                                                               propane and a second
                                                                                                                               stage with ethane).
5. Water coolers (new only)........  Propane (R-290).......  Acceptable subject to   This refrigerant may be used only in     Applicable OSHA
                                                              use conditions.         new equipment designed specifically      requirements at 29 CFR
                                                                                      and clearly identified for the           part 1910 must be
                                                                                      refrigerant--i.e., this refrigerant      followed, including those
                                                                                      may not be used as a conversion or       at 29 CFR 1910.94
                                                                                      ``retrofit'' refrigerant for existing    (ventilation) and
                                                                                      equipment.                               1910.106 (flammable and
                                                                                     This refrigerant may be used only in      combustible liquids),
                                                                                      water coolers that meet requirements     1910.110 (storage and
                                                                                      listed in Supplement SB to UL 399 \1\    handling of liquefied
                                                                                      \2\ \3\ In cases where this listing 5    petroleum gases),
                                                                                      includes requirements more stringent     1910.157 (portable fire
                                                                                      than those of UL 399, the appliance      extinguishers), and
                                                                                      must meet the requirements of this       1910.1000 (toxic and
                                                                                      listing 5 in place of the requirements   hazardous substances).
                                                                                      in UL 399.                              Proper ventilation should
                                                                                     The charge size must not exceed 60        be maintained at all
                                                                                      grams (2.12 ounces) per refrigerant      times during the
                                                                                      circuit in the water cooler.             manufacture and storage
                                                                                     The equipment must have red               of equipment containing
                                                                                      Pantone[supreg] Matching System #185     hydrocarbon refrigerants
                                                                                      marked pipes, hoses, or other devices    through adherence to good
                                                                                      through which the refrigerant passes,    manufacturing practices
                                                                                      to indicate the use of a flammable       as per 29 CFR 1910.106.
                                                                                      refrigerant. This color must be          If refrigerant levels in
                                                                                      applied at all service ports and other   the air surrounding the
                                                                                      parts of the system where service        equipment rise above one-
                                                                                      puncturing or other actions creating     fourth of the lower
                                                                                      an opening from the refrigerant          flammability limit, the
                                                                                      circuit to the atmosphere might be       space should be evacuated
                                                                                      expected and must extend a minimum of    and re-entry should occur
                                                                                      one (1) inch in both directions from     only after the space has
                                                                                      such locations.                          been properly ventilated.
                                                                                     As provided in clauses SB6.1.2 to        Technicians and equipment
                                                                                      SB6.1.5 of UL 399, the following         manufacturers should wear
                                                                                      markings must be attached at the         appropriate personal
                                                                                      locations provided and must be           protective equipment,
                                                                                      permanent:                               including chemical
                                                                                                                               goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               propane. Special care
                                                                                                                               should be taken to avoid
                                                                                                                               contact with the skin
                                                                                                                               since propane, like many
                                                                                                                               refrigerants, can cause
                                                                                                                               freeze burns on the skin.
                                                                                                                              A Class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.
                                                                                                                              Technicians should only
                                                                                                                               use spark-proof tools
                                                                                                                               when working on equipment
                                                                                                                               with flammable
                                                                                                                               refrigerants.

[[Page 50479]]

 
                                                                                        (a) ``DANGER--Risk of Fire or         Any recovery equipment
                                                                                         Explosion. Flammable Refrigerant      used should be designed
                                                                                         Used. Do Not Use Mechanical Devices   for flammable
                                                                                         To Defrost Refrigerator. Do Not       refrigerants.
                                                                                         Puncture Refrigerant Tubing.'' This  Any refrigerant releases
                                                                                         marking must be provided on or near   should be in a well-
                                                                                         any evaporators that can be           ventilated area, such as
                                                                                         contacted by the consumer.            outside of a building.
                                                                                     (b) ``DANGER--Risk of Fire or            Only technicians
                                                                                      Explosion. Flammable Refrigerant Used.   specifically trained in
                                                                                      To Be Repaired Only By Trained Service   handling flammable
                                                                                      Personnel. Do Not Puncture Refrigerant   refrigerants should
                                                                                      Tubing.'' This marking must be located   service equipment
                                                                                      near the machine compartment.            containing propane.
                                                                                     (c) ``CAUTION--Risk of Fire or            Technicians should gain
                                                                                      Explosion. Flammable Refrigerant Used.   an understanding of
                                                                                      Consult Repair Manual/Owner's Guide      minimizing the risk of
                                                                                      Before Attempting To Service This        fire and the steps to use
                                                                                      Product. All Safety Precautions Must     flammable refrigerants
                                                                                      be Followed.'' This marking must be      safely.
                                                                                      located near the machine compartment.   Room occupants should
                                                                                     (d) ``CAUTION--Risk of Fire or            evacuate the space
                                                                                      Explosion. Dispose of Properly In        immediately following the
                                                                                      Accordance With Federal Or Local         accidental release of
                                                                                      Regulations. Flammable Refrigerant       this refrigerant.
                                                                                      Used.'' This marking must be provided   If a service port is
                                                                                      on the exterior of the refrigeration     added, then water coolers
                                                                                      equipment.                               or equipment using
                                                                                     (e) ``CAUTION--Risk of Fire or            propane should have
                                                                                      Explosion Due To Puncture Of             service aperture fittings
                                                                                      Refrigerant Tubing; Follow Handling      that differ from fittings
                                                                                      Instructions Carefully. Flammable        used in equipment or
                                                                                      Refrigerant Used.'' This marking must    containers using non-
                                                                                      be provided near all exposed             flammable refrigerant.
                                                                                      refrigerant tubing.                      ``Differ'' means that
                                                                                                                               either the diameter
                                                                                                                               differs by at least 1/16
                                                                                                                               inch or the thread
                                                                                                                               direction is reversed
                                                                                                                               (i.e., right-handed vs.
                                                                                                                               left-handed). These
                                                                                                                               different fittings should
                                                                                                                               be permanently affixed to
                                                                                                                               the unit at the point of
                                                                                                                               service and maintained
                                                                                                                               until the end-of-life of
                                                                                                                               the unit, and should not
                                                                                                                               be accessed with an
                                                                                                                               adaptor.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR part 51). You may inspect a copy at the
  U.S. EPA or at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: EPA Docket Center, WJC West Building, Room 3334, 1301
  Constitution Avenue NW, Washington, DC 20004, www.epa.gov/dockets; (202) 202-1744. For information on the availability of this material at NARA, visit
  www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
\2\ You may obtain the UL material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue; Bensenville, IL 60106; phone: 1-888-853-3503
  in the U.S. or Canada (other countries +1-415-352-2168); email: [email protected]; website: https://ulstandards.ul.com or
  www.shopulstandards.com.
\3\ UL 399, Standard for Safety: Drinking Water Coolers- Supplement SB: Requirements for Drinking Water Coolers Employing a Flammable Refrigerant in the
  Refrigerating System, 7th edition, dated August 22, 2008, including revisions through October 17, 2013.
\4\ UL 471, Standard for Safety: Commercial Refrigerators and Freezers. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable
  Refrigerant in the Refrigerating System, 10th edition, dated November 24, 2010.
\5\ UL 563, Standard for Safety: Ice Makers. Supplement SA: Requirements for Ice Makers Employing a Flammable Refrigerant in the Refrigerating System,
  8th edition, dated July 31, 2009, including revisions through November 29, 2013.
\6\ UL 60335-2-89, Standard for Safety for Household and Similar Electrical Appliances--Safety--Part 2-89: Particular Requirements for Commercial
  Refrigerating Appliances, 2nd edition, dated October 27, 2021.
\7\ You may obtain the ANSI/ASHRAE material from: American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 180 Technology
  Parkway NW, Peachtree Corners, Georgia 30092; phone: 1-800-527-4723 or 1-404-636-8400 in the U.S. or Canada; email: [email protected]; website:
  https://w0ww.ashrae.org/technical-resources/bookstore/ashrae-refrigeration-resources.
\8\ ANSI/ASHRAE Standard 15-2022. Safety Standard for Refrigeration Systems, copyright 2022,
\9\ ANSI/ASHRAE Standard 34-2022. Designation and Safety Classification of Refrigerants, copyright 2022.
\10\ ANSI/ASHRAE Addendum a to ANSI/ASHRAE Standard 34-2022, Designation and Safety Classification of Refrigerants, ANSI-/ASHRAE-approved December 20,
  2022.
\11\ You may obtain the UN material from the United Nations Publications section at: https://shop.un.org/books/global-harmon-syst-class-9-92280; by
  mail: United Nations Publications Customer Service, PO Box 960, Herndon, VA 20172; phone: 1-703-661-1571; email: [email protected].
\12\ ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition, copyright 2021; Chapter
  2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables.

* * * * *

0
5. 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 June 13, 
2024, Final Rule, Effective July 15, 2024

[[Page 50480]]



                                                   Refrigerants--Acceptable Subject to Use Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
              End-use                      Substitute               Decision                      Use conditions                  Further information
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Retail Food Refrigeration--Stand- HFO-1234yf, HFO-        Acceptable subject to   These refrigerants may be used only in   Applicable OSHA
 alone units and refrigerated food    1234ze(E), R-454C, R-   use conditions.         new equipment specifically designed      requirements at 29 CFR
 processing and dispensing            455A, R-457A, and R-                            and clearly identified for the           part 1910 must be
 equipment, excluding refrigerated    516A.                                           refrigerant (i.e., none of these         followed, including those
 food processing and dispensing                                                       substitutes may be used as a             at 29 CFR 1910.94
 equipment that is within the scope                                                   conversion or ``retrofit'' refrigerant   (ventilation) and
 of UL 621 (Ice Cream Makers) (New                                                    for existing equipment designed for      1910.106 (flammable and
 only).                                                                               other refrigerants).                     combustible liquids),
                                                                                     These refrigerants may be used in stand-  1910.110 (storage and
                                                                                      alone units and refrigerated food        handling of liquefied
                                                                                      processing and dispensing equipment if   petroleum gases), and
                                                                                      and only if such equipment meets         1910.1000 (toxic and
                                                                                      requirements listed in ASHRAE 15-        hazardous substances).
                                                                                      2022.\1\ \4\ \5\ In cases where this    It is the obligation of
                                                                                      listing includes requirements            regulated entitles to
                                                                                      different than those of ASHRAE 15-       inform themselves of and
                                                                                      2022, the appliance would need to meet   comply with any other
                                                                                      the requirements of this listing 1 in    applicable legal
                                                                                      place of the requirements in ASHRAE 15-  obligations or
                                                                                      2022.                                    restrictions.
                                                                                     These refrigerants may only be used in   Proper ventilation should
                                                                                      refrigeration equipment that meets all   be maintained at all
                                                                                      requirements in UL 60335-2-89,\1\ \2\    times during the
                                                                                      \3\ except as provided otherwise in UL   manufacture and storage
                                                                                      60335-2-89, in ASHRAE 15-2022, or in     of equipment containing
                                                                                      this listing 1. This listing 1 does      flammable refrigerants
                                                                                      not apply to refrigerated food           through adherence to good
                                                                                      processing and dispensing equipment      manufacturing practices
                                                                                      that is within the scope of UL 621       as per 29 CFR 1910.106.
                                                                                      (Ice Cream Makers). In cases where       If refrigerant levels in
                                                                                      this listing includes requirements       the air surrounding the
                                                                                      more stringent than those of UL 60335-   equipment rise above one-
                                                                                      2-89, the appliance must meet the        fourth of the lower
                                                                                      requirements of this listing 1 in        flammability limit, the
                                                                                      place of the requirements in UL 60335-   space should be
                                                                                      2-89. Where similar requirements of      evacuated, and reentry
                                                                                      ASHRAE 15-2022 and UL 60335-2-89         should occur only after
                                                                                      differ, the more stringent or            the space has been
                                                                                      conservative condition shall apply       properly ventilated.
                                                                                      unless superseded by this listing 1.    Technicians and equipment
                                                                                     The following markings must be attached   manufacturers should wear
                                                                                      at the locations provided and must be    appropriate personal
                                                                                      permanent:                               protective equipment,
                                                                                                                               including chemical
                                                                                                                               goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               flammable refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin which, like
                                                                                                                               many refrigerants, can
                                                                                                                               cause freeze burns on the
                                                                                                                               skin.
                                                                                                                              A class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.
                                                                                                                              Technicians should only
                                                                                                                               use spark-proof tools
                                                                                                                               when working on air
                                                                                                                               conditioning equipment
                                                                                                                               with flammable
                                                                                                                               refrigerants.

[[Page 50481]]

 
                                                                                        (a) On the outside of the equipment:  Any recovery equipment
                                                                                         ``WARNING--Risk of Fire. Flammable    used should be designed
                                                                                         Refrigerant Used. To Be Repaired      for flammable
                                                                                         Only By Trained Service Personnel.    refrigerants. Only
                                                                                         Do Not Puncture Refrigerant           technicians specifically
                                                                                         Tubing.''                             trained in handling
                                                                                     (b) On the outside of the equipment:      flammable refrigerants
                                                                                      ``WARNING--Risk of Fire. Dispose of      should service
                                                                                      Properly In Accordance With Federal Or   refrigeration equipment
                                                                                      Local Regulations. Flammable             containing this
                                                                                      Refrigerant Used.''                      refrigerant. Technicians
                                                                                     (c) On the inside of the equipment near   should gain an
                                                                                      the compressor: ``WARNING--Risk of       understanding of
                                                                                      Fire. Flammable Refrigerant Used.        minimizing the risk of
                                                                                      Consult Repair Manual/Owner's Guide      fire and the steps to use
                                                                                      Before Attempting to Service This        flammable refrigerants
                                                                                      Product. All Safety Precautions Must     safely.
                                                                                      be Followed.''                          Room occupants should
                                                                                     (d) For any equipment pre-charged at      evacuate the space
                                                                                      the factory, on the equipment            immediately following the
                                                                                      packaging or on the outside of the       accidental release of
                                                                                      equipment: ``WARNING--Risk of Fire due   this refrigerant.
                                                                                      to Flammable Refrigerant Used. Follow   Personnel commissioning,
                                                                                      Handling Instructions Carefully in       maintaining, repairing,
                                                                                      Compliance with National Regulations''   decommissioning and
                                                                                     a. If the equipment is delivered          disposing of appliances
                                                                                      packaged, this label shall be applied    with this refrigerant
                                                                                      on the packaging.                        should obtain training
                                                                                     b. If the equipment is not delivered      and follow practices
                                                                                      packaged, this label shall be applied    consistent with Annex
                                                                                      on the outside of the equipment near     101.DVT of UL 60355-2-
                                                                                      the control panel or nameplate.          89.\1\ \2\ \3\
                                                                                     (e) On the equipment near the            CAA section 608(c)(2)
                                                                                      nameplate:                               prohibits knowingly
                                                                                     a. At the top of the marking: ``Minimum   venting or otherwise
                                                                                      Installation Height, X m (W ft)''.       knowingly releasing or
                                                                                      This marking is only required if         disposing of substitute
                                                                                      required by UL 60335-2-89. The terms     refrigerants in the
                                                                                      ``X'' and ``W'' shall be replaced by     course of maintaining,
                                                                                      the numeric height as calculated per     servicing, repairing or
                                                                                      the UL Standard. Note that the           disposing of an appliance
                                                                                      formatting here is slightly different    or industrial process
                                                                                      than the UL Standard; specifically,      refrigeration.
                                                                                      the height in Inch-Pound units is       Department of
                                                                                      placed in parentheses and the word       Transportation
                                                                                      ``and'' has been replaced by the         requirements for
                                                                                      opening parenthesis.                     transport of flammable
                                                                                     b. Immediately below (a) above or at      gases must be followed.
                                                                                      the top of the marking if (a) is not    Flammable refrigerants
                                                                                      required: ``Minimum room area            being recovered or
                                                                                      (operating or storage), Y m\2\ (Z        otherwise disposed of
                                                                                      ft\2\)''. The terms ``Y'' and ``Z''      from retail food
                                                                                      shall be replaced by the numeric area    refrigeration appliances
                                                                                      as calculated per the UL Standard.       are likely to be
                                                                                      Note that the formatting here is         hazardous waste under the
                                                                                      slightly different than the UL           Resource Conservation and
                                                                                      Standard; specifically, the area in      Recovery Act (RCRA) (see
                                                                                      Inch-Pound units is placed in            40 CFR parts 260 through
                                                                                      parentheses and the word ``and'' has     270).
                                                                                      been replaced by the opening
                                                                                      parenthesis.
                                                                                        (f) For non-fixed equipment, on the
                                                                                         outside of the product: ``WARNING--
                                                                                         Risk of Fire or Explosion--Store in
                                                                                         a well-ventilated room without
                                                                                         continuously operating flames or
                                                                                         other potential ignition.''
                                                                                     (g) For fixed equipment that is ducted,
                                                                                      near the nameplate: ``WARNING--Risk of
                                                                                      Fire--Auxiliary devices which may be
                                                                                      ignition sources shall not be
                                                                                      installed in the ductwork, other than
                                                                                      auxiliary devices listed for use with
                                                                                      the specific appliance. See
                                                                                      instructions.''
                                                                                     (h) All of these markings must be in
                                                                                      letters no less than 6.4 mm (\1/4\
                                                                                      inch) high.
                                                                                     The equipment must have red
                                                                                      Pantone[supreg] Matching System #185
                                                                                      or RAL 3020 marked service ports,
                                                                                      pipes, hoses, or other devices through
                                                                                      which the refrigerant passes, to
                                                                                      indicate the use of a flammable
                                                                                      refrigerant. This color must be
                                                                                      applied at all service ports and other
                                                                                      parts of the system where service
                                                                                      puncturing or other actions creating
                                                                                      an opening from the refrigerant
                                                                                      circuit to the atmosphere might be
                                                                                      expected and must extend a minimum of
                                                                                      one (1) inch (25mm) in both directions
                                                                                      from such locations and shall be
                                                                                      replaced if removed.

[[Page 50482]]

 
                                                                                     In addition to or instead of the
                                                                                      markings described in Clause 7.6DV D1
                                                                                      of UL 60335-2-89, the equipment may
                                                                                      display the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      (black flame on a white background in
                                                                                      a diamond with equal length sides with
                                                                                      a red border) as defined in Chapter
                                                                                      2.2, Flammable Gasses, and Annex 1,
                                                                                      Classification and Labelling Summary
                                                                                      Tables, of ST/SG/AC.10/30/Rev.9,
                                                                                      Global Harmonized System (GHS) of
                                                                                      Classification and Labelling of
                                                                                      Chemicals, Ninth revised edition \1\
                                                                                      \8\ \9\ on the following three
                                                                                      locations:
                                                                                      Outside of the equipment
                                                                                      (label (a));
                                                                                      on the appliance packaging for
                                                                                      a factory-charged unit or adjacent to
                                                                                      the control panel or nameplate of a
                                                                                      unit charged in place (label (d)); and
                                                                                      in a location visible when
                                                                                      accessing a service port and where
                                                                                      service puncturing or otherwise
                                                                                      creating an opening from the
                                                                                      refrigerant circuit to the atmosphere
                                                                                      might be expected (e.g., process
                                                                                      tubes) (service label).
                                                                                     The perpendicular height of the diamond
                                                                                      containing the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      shall be at least 15 mm (\9/16\ in).
                                                                                      In addition, next to the GHS warning
                                                                                      symbol for hazard category 1 flammable
                                                                                      gases must be text of the refrigerant
                                                                                      safety class of the refrigerant
                                                                                      according to ASHRAE 34-2022,\1\ \4\
                                                                                      \6\ \7\ in letters at least one-third
                                                                                      the height of the diamond symbol.
2. Retail Food Refrigeration--       Propane (R-290).......  Acceptable subject to   This refrigerant may be used only in     Applicable OSHA
 Refrigerated food processing and                             use conditions.         new equipment specifically designed      requirements at 29 CFR
 dispensing equipment (New only)--                                                    and clearly identified for the           part 1910 must be
 excluding refrigerated food                                                          refrigerant (i.e., the substitute may    followed, including those
 processing and dispensing                                                            not be used as a conversion or           at 29 CFR 1910.94
 equipment that is within the scope                                                   ``retrofit'' refrigerant for existing    (ventilation) and
 of UL 621 (Ice Cream Makers).                                                        equipment designed for other             1910.106 (flammable and
                                                                                      refrigerants).                           combustible liquids),
                                                                                     This refrigerant may be used in           1910.110 (storage and
                                                                                      refrigerated food processing and         handling of liquefied
                                                                                      dispensing equipment if and only if      petroleum gases), and
                                                                                      such equipment meets requirements        1910.1000 (toxic and
                                                                                      listed in ASHRAE 15-2022.\1\ \4\ \5\     hazardous substances).
                                                                                      In cases where this listing 2 includes  It is the obligation of
                                                                                      requirements different than those of     regulated entitles to
                                                                                      ASHRAE 15-2022, the appliance would      inform themselves of and
                                                                                      need to meet the requirements of this    comply with any other
                                                                                      listing 2 in place of requirements in    applicable legal
                                                                                      the ASHRAE Standard.                     obligations or
                                                                                     These refrigerants may only be used in    restrictions.
                                                                                      refrigeration equipment that meets all  Proper ventilation should
                                                                                      requirements in UL 60335-2-89,\1\ \2\    be maintained at all
                                                                                      \3\ except as provided otherwise in UL   times during the
                                                                                      60335-2-89, in ASHRAE 15-2022, or in     manufacture and storage
                                                                                      this listing 2. This listing 2 does      of equipment containing
                                                                                      not apply to refrigerated food           flammable refrigerants
                                                                                      processing and dispensing equipment      through adherence to good
                                                                                      that is within the scope of UL 621       manufacturing practices
                                                                                      (Ice Cream Makers). In cases where       as per 29 CFR 1910.106.
                                                                                      this listing includes requirements       If refrigerant levels in
                                                                                      more stringent than those of UL 60335-   the air surrounding the
                                                                                      2-89, the appliance must meet the        equipment rise above one-
                                                                                      requirements of this listing 2 in        fourth of the lower
                                                                                      place of the requirements in UL 60335-   flammability limit, the
                                                                                      2-89. Where similar requirements of      space should be
                                                                                      ASHRAE 15-2022 and UL 60335-2-89         evacuated, and reentry
                                                                                      differ, the more stringent or            should occur only after
                                                                                      conservative condition shall apply       the space has been
                                                                                      unless superseded by this listing 2.     properly ventilated.
                                                                                     The following markings must be attached  Technicians and equipment
                                                                                      at the locations provided and must be    manufacturers should wear
                                                                                      permanent:                               appropriate personal
                                                                                                                               protective equipment,
                                                                                                                               including chemical
                                                                                                                               goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               flammable refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin which, like
                                                                                                                               many refrigerants, can
                                                                                                                               cause freeze burns on the
                                                                                                                               skin.
                                                                                                                              A class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.
                                                                                                                              Technicians should only
                                                                                                                               use spark-proof tools
                                                                                                                               when working on air
                                                                                                                               conditioning equipment
                                                                                                                               with flammable
                                                                                                                               refrigerants.

[[Page 50483]]

 
                                                                                        (a) On the outside of the equipment:  Any recovery equipment
                                                                                         ``DANGER--Risk of Fire Or             used should be designed
                                                                                         Explosion. Flammable Refrigerant      for flammable
                                                                                         Used. To Be Repaired Only By          refrigerants. Only
                                                                                         Trained Service Personnel. Do Not     technicians specifically
                                                                                         Puncture Refrigerant Tubing.''        trained in handling
                                                                                     (b) On the outside of the equipment:      flammable refrigerants
                                                                                      ``WARNING--Risk of Fire Or Explosion.    should service
                                                                                      Dispose of Properly In Accordance With   refrigeration equipment
                                                                                      Federal Or Local Regulations.            containing this
                                                                                      Flammable Refrigerant Used.''            refrigerant. Technicians
                                                                                     (c) On the inside of the equipment near   should gain an
                                                                                      the compressor: ``DANGER--Risk Of Fire   understanding of
                                                                                      Or Explosion. Flammable Refrigerant      minimizing the risk of
                                                                                      Used. Consult Repair Manual/Owner's      fire and the steps to use
                                                                                      Guide Before Attempting to Service       flammable refrigerants
                                                                                      This Product. All Safety Precautions     safely.
                                                                                      Must be Followed.''                     Room occupants should
                                                                                     (d) For any equipment pre-charged at      evacuate the space
                                                                                      the factory, on the equipment            immediately following the
                                                                                      packaging or on the outside of the       accidental release of
                                                                                      equipment: ``DANGER--Risk of Fire or     this refrigerant.
                                                                                      Explosion due to Flammable Refrigerant  Personnel commissioning,
                                                                                      Used. Follow Handling Instructions       maintaining, repairing,
                                                                                      Carefully in Compliance with National    decommissioning and
                                                                                      Regulations''                            disposing of appliances
                                                                                     a. If the equipment is delivered          with this refrigerant
                                                                                      packaged, this label shall be applied    should obtain training
                                                                                      on the packaging.                        and follow practices
                                                                                     b. If the equipment is not delivered      consistent with Annex
                                                                                      packaged, this label shall be applied    101.DVT of UL 260355-2-
                                                                                      on the outside of the equipment near     89.\1\ \2\ \3\
                                                                                      the control panel or nameplate.         CAA section 608(c)(2)
                                                                                     (e) On the equipment near the             prohibits knowingly
                                                                                      nameplate:                               venting or otherwise
                                                                                     a. At the top of the marking: ``Minimum   knowingly releasing or
                                                                                      Installation Height, X m (W ft)''.       disposing of substitute
                                                                                      This marking is only required if         refrigerants in the
                                                                                      required by UL 60335-2-89. The terms     course of maintaining,
                                                                                      ``X'' and ``W'' shall be replaced by     servicing, repairing or
                                                                                      the numeric height as calculated per     disposing of an appliance
                                                                                      the UL Standard. Note that the           or industrial process
                                                                                      formatting here is slightly different    refrigeration.
                                                                                      than the UL Standard; specifically,     Department of
                                                                                      the height in Inch-Pound units is        Transportation
                                                                                      placed in parentheses and the word       requirements for
                                                                                      ``and'' has been replaced by the         transport of flammable
                                                                                      opening parenthesis.                     gases must be followed.
                                                                                     b. Immediately below (a) above or at     Flammable refrigerants
                                                                                      the top of the marking if (a) is not     being recovered or
                                                                                      required: ``Minimum room area            otherwise disposed of
                                                                                      (operating or storage), Y m\2\ (Z        from retail food
                                                                                      ft\2\)''. The terms ``Y'' and ``Z''      refrigeration appliances
                                                                                      shall be replaced by the numeric area    are likely to be
                                                                                      as calculated per the UL Standard.       hazardous waste under the
                                                                                      Note that the formatting here is         Resource Conservation and
                                                                                      slightly different than the UL           Recovery Act (RCRA) (see
                                                                                      Standard; specifically, the area in      40 CFR parts 260 through
                                                                                      Inch-Pound units is placed in            270).
                                                                                      parentheses and the word ``and'' has
                                                                                      been replaced by the opening
                                                                                      parenthesis.
                                                                                        (f) For non-fixed equipment, on the
                                                                                         outside of the product: ``WARNING--
                                                                                         Risk of Fire or Explosion--Store in
                                                                                         a well-ventilated room without
                                                                                         continuously operating flames or
                                                                                         other potential ignition.''
                                                                                        (g) For fixed equipment that is
                                                                                         ducted, near the nameplate:
                                                                                         ``WARNING--Risk of Fire 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.''
                                                                                        (h) All of these markings must be in
                                                                                         letters no less than 6.4 mm (\1/4\
                                                                                         inch) high.
                                                                                     The equipment must have red
                                                                                      Pantone[supreg] Matching System #185
                                                                                      or RAL 3020 marked service ports,
                                                                                      pipes, hoses, or other devices through
                                                                                      which the refrigerant passes, to
                                                                                      indicate the use of a flammable
                                                                                      refrigerant. This color must be
                                                                                      applied at all service ports and other
                                                                                      parts of the system where service
                                                                                      puncturing or other actions creating
                                                                                      an opening from the refrigerant
                                                                                      circuit to the atmosphere might be
                                                                                      expected and must extend a minimum of
                                                                                      one (1) inch (25mm) in both directions
                                                                                      from such locations and shall be
                                                                                      replaced if removed.

[[Page 50484]]

 
                                                                                     In addition to or instead of the
                                                                                      markings described in Clause 7.6DV D1
                                                                                      of UL 60335-2-89, the equipment may
                                                                                      display the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      (black flame on a white background in
                                                                                      a diamond with equal length sides with
                                                                                      a red border), as defined in Chapter
                                                                                      2.2, Flammable Gasses, and Annex 1,
                                                                                      Classification and Labelling Summary
                                                                                      Tables, of ST/SG/AC.10/30/Rev.9,
                                                                                      Global Harmonized System (GHS) of
                                                                                      Classification and Labelling of
                                                                                      Chemicals, Ninth revised edition \1\
                                                                                      \8\ \9\ on the following three
                                                                                      locations:
                                                                                         Outside of the equipment
                                                                                         (label (a));
                                                                                      on the appliance packaging for
                                                                                      a factory-charged unit or adjacent to
                                                                                      the control panel or nameplate of a
                                                                                      unit charged in place (label (d)); and
                                                                                      in a location visible when
                                                                                      accessing a service port and where
                                                                                      service puncturing or otherwise
                                                                                      creating an opening from the
                                                                                      refrigerant circuit to the atmosphere
                                                                                      might be expected (e.g., process
                                                                                      tubes) (service label).
                                                                                     The perpendicular height of the diamond
                                                                                      containing the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      shall be at least 15 mm (\9/16\ in).
                                                                                      In addition, next to the GHS warning
                                                                                      symbol for hazard category 1 flammable
                                                                                      gases must be text of the refrigerant
                                                                                      safety class of the refrigerant
                                                                                      according to ASHRAE 34-2022,\1\ \4\
                                                                                      \6\ \7\ in letters at least one-third
                                                                                      the height of the diamond symbol.
3. Retail Food Refrigeration--       HFO-1234yf, HFO-        Acceptable subject to   These refrigerants may be used only in   Applicable OSHA
 Remote condensing units and          1234ze(E), R-454A, R-   use conditions.         new equipment specifically designed      requirements at 29 CFR
 supermarket systems (New only).      454C, R-455A, R-457A,                           and clearly identified for the           part 1910 must be
                                      and R-516A.                                     refrigerant (i.e., none of these         followed, including those
                                                                                      substitutes may be used as a             at 29 CFR 1910.94
                                                                                      conversion or ``retrofit'' refrigerant   (ventilation) and
                                                                                      for existing equipment designed for      1910.106 (flammable and
                                                                                      other refrigerants).                     combustible liquids),
                                                                                     These refrigerants may be used in         1910.110 (storage and
                                                                                      remote condensing units and              handling of liquefied
                                                                                      supermarket systems if and only if       petroleum gases), and
                                                                                      such equipment meets requirements        1910.1000 (toxic and
                                                                                      listed in ASHRAE 15-2022.\1\ \4\ \5\     hazardous substances).
                                                                                      In cases where this listing includes    It is the obligation of
                                                                                      requirements different than those of     regulated entitles to
                                                                                      ASHRAE 15-2022, the appliance would      inform themselves of and
                                                                                      need to meet the requirements of this    comply with any other
                                                                                      listing 3 in place of requirements in    applicable legal
                                                                                      the ASHRAE Standard.                     obligations or
                                                                                     These refrigerants may only be used in    restrictions.
                                                                                      refrigeration equipment that meets all  Proper ventilation should
                                                                                      requirements in UL 60335-2-89,\1\ \2\    be maintained at all
                                                                                      \3\ except as provided otherwise in UL   times during the
                                                                                      60335-2-89, in ASHRAE 15-2022, or in     manufacture and storage
                                                                                      this listing 3. In cases where this      of equipment containing
                                                                                      listing includes requirements more       flammable refrigerants
                                                                                      stringent than those of UL 60335-2-89,   through adherence to good
                                                                                      the appliance must meet the              manufacturing practices
                                                                                      requirements of this listing 3 in        as per 29 CFR 1910.106.
                                                                                      place of the requirements in UL 60335-   If refrigerant levels in
                                                                                      2-89. Where similar requirements of      the air surrounding the
                                                                                      ASHRAE 15-2022 and UL 60335-2-89         equipment rise above one-
                                                                                      differ, the more stringent or            fourth of the lower
                                                                                      conservative condition shall apply       flammability limit, the
                                                                                      unless superseded by this listing 3.     space should be
                                                                                     The following markings must be attached   evacuated, and reentry
                                                                                      at the locations provided and must be    should occur only after
                                                                                      permanent:                               the space has been
                                                                                                                               properly ventilated.
                                                                                                                              Technicians and equipment
                                                                                                                               manufacturers should wear
                                                                                                                               appropriate personal
                                                                                                                               protective equipment,
                                                                                                                               including chemical
                                                                                                                               goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               flammable refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin which, like
                                                                                                                               many refrigerants, can
                                                                                                                               cause freeze burns on the
                                                                                                                               skin.
                                                                                                                              A class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.

[[Page 50485]]

 
                                                                                        (a) On the outside of the equipment:  Technicians should only
                                                                                         ``WARNING--Risk of Fire. Flammable    use spark-proof tools
                                                                                         Refrigerant Used. To Be Repaired      when working on air
                                                                                         Only By Trained Service Personnel.    conditioning equipment
                                                                                         Do Not Puncture Refrigerant           with flammable
                                                                                         Tubing.''                             refrigerants.
                                                                                     (b) On the outside of the equipment:     Any recovery equipment
                                                                                      ``WARNING--Risk of Fire. Dispose of      used should be designed
                                                                                      Properly In Accordance With Federal Or   for flammable
                                                                                      Local Regulations. Flammable             refrigerants. Only
                                                                                      Refrigerant Used.''                      technicians specifically
                                                                                     (c) On the inside of the equipment near   trained in handling
                                                                                      the compressor: ``WARNING--Risk of       flammable refrigerants
                                                                                      Fire. Flammable Refrigerant Used.        should service
                                                                                      Consult Repair Manual/Owner's Guide      refrigeration equipment
                                                                                      Before Attempting to Service This        containing this
                                                                                      Product. All Safety Precautions Must     refrigerant. Technicians
                                                                                      be Followed.''                           should gain an
                                                                                     (d) For any equipment pre-charged at      understanding of
                                                                                      the factory, on the equipment            minimizing the risk of
                                                                                      packaging or on the outside of the       fire and the steps to use
                                                                                      equipment: ``WARNING--Risk of Fire due   flammable refrigerants
                                                                                      to Flammable Refrigerant Used. Follow    safely.
                                                                                      Handling Instructions Carefully in      Room occupants should
                                                                                      Compliance with National Regulations''   evacuate the space
                                                                                     a. If the equipment is delivered          immediately following the
                                                                                      packaged, this label shall be applied    accidental release of
                                                                                      on the packaging.                        this refrigerant.
                                                                                     b. If the equipment is not delivered     Personnel commissioning,
                                                                                      packaged, this label shall be applied    maintaining, repairing,
                                                                                      on the outside of the equipment near     decommissioning and
                                                                                      the control panel or nameplate.          disposing of appliances
                                                                                     (e) On the equipment near the             with this refrigerant
                                                                                      nameplate:                               should obtain training
                                                                                     a. At the top of the marking: ``Minimum   and follow practices
                                                                                      Installation Height, X m (W ft)''.       consistent with Annex
                                                                                      This marking is only required if         101.DVT of UL 260355-2-
                                                                                      required by UL 60335-2-89. The terms     89.\1\ \2\ \3\
                                                                                      ``X'' and ``W'' shall be replaced by    CAA section 608(c)(2)
                                                                                      the numeric height as calculated per     prohibits knowingly
                                                                                      the UL Standard. Note that the           venting or otherwise
                                                                                      formatting here is slightly different    knowingly releasing or
                                                                                      than the UL Standard; specifically,      disposing of substitute
                                                                                      the height in Inch-Pound units is        refrigerants in the
                                                                                      placed in parentheses and the word       course of maintaining,
                                                                                      ``and'' has been replaced by the         servicing, repairing or
                                                                                      opening parenthesis.                     disposing of an appliance
                                                                                     b. Immediately below (a) above or at      or industrial process
                                                                                      the top of the marking if (a) is not     refrigeration.
                                                                                      required: ``Minimum room area           Department of
                                                                                      (operating or storage), Y m\2\ (Z        Transportation
                                                                                      ft\2\)''. The terms ``Y'' and ``Z''      requirements for
                                                                                      shall be replaced by the numeric area    transport of flammable
                                                                                      as calculated per the UL Standard.       gases must be followed.
                                                                                      Note that the formatting here is        Flammable refrigerants
                                                                                      slightly different than the UL           being recovered or
                                                                                      Standard; specifically, the area in      otherwise disposed of
                                                                                      Inch-Pound units is placed in            from retail food
                                                                                      parentheses and the word ``and'' has     refrigeration appliances
                                                                                      been replaced by the opening             are likely to be
                                                                                      parenthesis.                             hazardous waste under the
                                                                                                                               Resource Conservation and
                                                                                                                               Recovery Act (RCRA) (see
                                                                                                                               40 CFR parts 260 through
                                                                                                                               270).
                                                                                        (f) For non-fixed equipment, on the
                                                                                         outside of the product: ``WARNING--
                                                                                         Risk of Fire or Explosion--Store in
                                                                                         a well-ventilated room without
                                                                                         continuously operating flames or
                                                                                         other potential ignition.''
                                                                                        (g) For fixed equipment that is
                                                                                         ducted, near the nameplate:
                                                                                         ``WARNING--Risk of Fire--Auxiliary
                                                                                         devices which may be ignition
                                                                                         sources shall not be installed in
                                                                                         the ductwork, other than auxiliary
                                                                                         devices listed for use with the
                                                                                         specific appliance. See
                                                                                         instructions.''
                                                                                        (h) All of these markings must be in
                                                                                         letters no less than 6.4 mm (\1/4\
                                                                                         inch) high.
                                                                                     The equipment must have red
                                                                                      Pantone[supreg] Matching System #185
                                                                                      or RAL 3020 marked service ports,
                                                                                      pipes, hoses, or other devices through
                                                                                      which the refrigerant passes, to
                                                                                      indicate the use of a flammable
                                                                                      refrigerant. This color must be
                                                                                      applied at all service ports and other
                                                                                      parts of the system where service
                                                                                      puncturing or other actions creating
                                                                                      an opening from the refrigerant
                                                                                      circuit to the atmosphere might be
                                                                                      expected and must extend a minimum of
                                                                                      one (1) inch (25 mm) in both
                                                                                      directions from such locations and
                                                                                      shall be replaced if removed.

[[Page 50486]]

 
                                                                                     In addition to or instead of the
                                                                                      markings described in Clause 7.6DV D1
                                                                                      of UL 60335-2-89, the equipment may
                                                                                      display the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      (black flame on a white background in
                                                                                      a diamond with equal length sides with
                                                                                      a red border), as defined in Chapter
                                                                                      2.2, Flammable Gasses, and Annex 1,
                                                                                      Classification and Labelling Summary
                                                                                      Tables, of ST/SG/AC.10/30/Rev.9,
                                                                                      Global Harmonized System (GHS) of
                                                                                      Classification and Labelling of
                                                                                      Chemicals, Ninth revised edition,\1\
                                                                                      \8\ \9\ on the following three
                                                                                      locations:
                                                                                         Outside of the equipment
                                                                                         (label (a));
                                                                                         on the appliance packaging
                                                                                         for a factory-charged unit or
                                                                                         adjacent to the control panel or
                                                                                         nameplate of a unit charged in
                                                                                         place (label (d)); and
                                                                                         in a location visible when
                                                                                         accessing a service port and where
                                                                                         service puncturing or otherwise
                                                                                         creating an opening from the
                                                                                         refrigerant circuit to the
                                                                                         atmosphere might be expected (e.g.,
                                                                                         process tubes) (service label)
                                                                                     The perpendicular height of the diamond
                                                                                      containing the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      shall be at least 15 mm (\9/16\ in).
                                                                                      In addition, next to the GHS warning
                                                                                      symbol for hazard category 1 flammable
                                                                                      gases must be text of the refrigerant
                                                                                      safety class of the refrigerant
                                                                                      according to ASHRAE 34-2022,\1\ \4\
                                                                                      \6\ \7\ in letters at least one-third
                                                                                      the height of the diamond symbol.
                                                                                     The substitute R-454A may only be used
                                                                                      in equipment with a refrigerant charge
                                                                                      capacity less than 200 pounds, or in
                                                                                      the high-temperature side of a cascade
                                                                                      system.
4. Commercial Ice Machines (New      HFO-1234yf, R-454C, R-  Acceptable subject to   These refrigerants may be used only in   Applicable OSHA
 only).                               455A, R-457A, and R-    use conditions.         new equipment specifically designed      requirements at 29 CFR
                                      516A.                                           and clearly identified for the           part 1910 must be
                                                                                      refrigerant (i.e., none of these         followed, including those
                                                                                      substitutes may be used as a             at 29 CFR 1910.94
                                                                                      conversion or ``retrofit'' refrigerant   (ventilation) and
                                                                                      for existing equipment designed for      1910.106 (flammable and
                                                                                      other refrigerants).                     combustible liquids),
                                                                                     These refrigerants may be used in new     1910.110 (storage and
                                                                                      commercial ice machines if and only if   handling of liquefied
                                                                                      such equipment meets requirements        petroleum gases), and
                                                                                      listed in ASHRAE 15-2022.\1\ \4\ \5\     1910.1000 (toxic and
                                                                                      In cases where this listing includes     hazardous substances).
                                                                                      requirements different than those of    It is the obligation of
                                                                                      ASHRAE 15-2022, the appliance would      regulated entitles to
                                                                                      need to meet the requirements of this    inform themselves of and
                                                                                      listing 4 in place of the requirements   comply with any other
                                                                                      in ASHRAE 15-2022.                       applicable legal
                                                                                     These refrigerants may only be used in    obligations or
                                                                                      refrigeration equipment that meets all   restrictions.
                                                                                      requirements in UL 60335-2-89,\1\ \2\   Proper ventilation should
                                                                                      \3\ except as provided otherwise in UL   be maintained at all
                                                                                      60335-2-89, in ASHRAE 15-2022, or in     times during the
                                                                                      this listing 4. In cases where this      manufacture and storage
                                                                                      listing includes requirements more       of equipment containing
                                                                                      stringent than those of UL 60335-2-89,   flammable refrigerants
                                                                                      the appliance must meet the              through adherence to good
                                                                                      requirements of this listing 4 in        manufacturing practices
                                                                                      place of the requirements in UL 60335-   as per 29 CFR 1910.106.
                                                                                      2-89. Where similar requirements of      If refrigerant levels in
                                                                                      ASHRAE 15-2022 and UL 60335-2-89         the air surrounding the
                                                                                      differ, the more stringent or            equipment rise above one-
                                                                                      conservative condition shall apply       fourth of the lower
                                                                                      unless superseded by this listing 4.     flammability limit, the
                                                                                      condition shall apply unless             space should be
                                                                                      superseded by this listing 4.            evacuated, and reentry
                                                                                     The following markings must be attached   should occur only after
                                                                                      at the locations provided and must be    the space has been
                                                                                      permanent:                               properly ventilated.
                                                                                                                              Technicians and equipment
                                                                                                                               manufacturers should wear
                                                                                                                               appropriate personal
                                                                                                                               protective equipment,
                                                                                                                               including chemical
                                                                                                                               goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               flammable refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin which, like
                                                                                                                               many refrigerants, can
                                                                                                                               cause freeze burns on the
                                                                                                                               skin.
                                                                                                                              A class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.
                                                                                                                              Technicians should only
                                                                                                                               use spark-proof tools
                                                                                                                               when working on air
                                                                                                                               conditioning equipment
                                                                                                                               with flammable
                                                                                                                               refrigerants.

[[Page 50487]]

 
                                                                                        (a) On the outside of the equipment:  Any recovery equipment
                                                                                         ``WARNING--Risk of Fire. Flammable    used should be designed
                                                                                         Refrigerant Used. To Be Repaired      for flammable
                                                                                         Only By Trained Service Personnel.    refrigerants. Only
                                                                                         Do Not Puncture Refrigerant           technicians specifically
                                                                                         Tubing.''                             trained in handling
                                                                                     (b) On the outside of the equipment:      flammable refrigerants
                                                                                      ``WARNING--Risk of Fire. Dispose of      should service
                                                                                      Properly In Accordance With Federal Or   refrigeration equipment
                                                                                      Local Regulations. Flammable             containing this
                                                                                      Refrigerant Used.''                      refrigerant. Technicians
                                                                                     (c) On the inside of the equipment near   should gain an
                                                                                      the compressor: ``WARNING--Risk of       understanding of
                                                                                      Fire. Flammable Refrigerant Used.        minimizing the risk of
                                                                                      Consult Repair Manual/Owner's Guide      fire and the steps to use
                                                                                      Before Attempting to Service This        flammable refrigerants
                                                                                      Product. All Safety Precautions Must     safely.
                                                                                      be Followed.''                          Room occupants should
                                                                                     (d) For any equipment pre-charged at      evacuate the space
                                                                                      the factory, on the equipment            immediately following the
                                                                                      packaging or on the outside of the       accidental release of
                                                                                      equipment: ``WARNING--Risk of Fire due   this refrigerant.
                                                                                      to Flammable Refrigerant Used. Follow   Personnel commissioning,
                                                                                      Handling Instructions Carefully in       maintaining, repairing,
                                                                                      Compliance with National Regulations''   decommissioning and
                                                                                                                               disposing of appliances
                                                                                                                               with this refrigerant
                                                                                                                               should obtain training
                                                                                                                               and follow practices
                                                                                                                               consistent with Annex
                                                                                                                               101.DVT of UL 260355-2-
                                                                                                                               89.\1\ \2\ \3\
                                                                                                                              CAA section 608(c)(2)
                                                                                                                               prohibits knowingly
                                                                                                                               venting or otherwise
                                                                                                                               knowingly releasing or
                                                                                                                               disposing of substitute
                                                                                                                               refrigerants in the
                                                                                                                               course of maintaining,
                                                                                                                               servicing, repairing or
                                                                                                                               disposing of an appliance
                                                                                                                               or industrial process
                                                                                                                               refrigeration.
                                                                                                                              Department of
                                                                                                                               Transportation
                                                                                                                               requirements for
                                                                                                                               transport of flammable
                                                                                                                               gases must be followed.
                                                                                          a. If the equipment is delivered    Flammable refrigerants
                                                                                           packaged, this label shall be       being recovered or
                                                                                           applied on the packaging.           otherwise disposed of
                                                                                     b. If the equipment is not delivered      from commercial ice
                                                                                      packaged, this label shall be applied    machine appliances are
                                                                                      on the outside of the equipment near     likely to be hazardous
                                                                                      the control panel or nameplate.          waste under the Resource
                                                                                     (e) On the equipment near the             Conservation and Recovery
                                                                                      nameplate:                               Act (RCRA) (see 40 CFR
                                                                                     a. At the top of the marking: ``Minimum   parts 260 through 270).
                                                                                      Installation Height, X m (W ft)''.
                                                                                      This marking is only required if
                                                                                      required by 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.
                                                                                     b. Immediately below (a) above or at
                                                                                      the top of the marking if (a) is not
                                                                                      required: ``Minimum room area
                                                                                      (operating or storage), Y m\2\ (Z
                                                                                      ft\2\)''. The terms ``Y'' and ``Z''
                                                                                      shall be replaced by the numeric area
                                                                                      as calculated per 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.
                                                                                        (f) For non-fixed equipment, on the
                                                                                         outside of the product: ``WARNING--
                                                                                         Risk of Fire or Explosion--Store in
                                                                                         a well-ventilated room without
                                                                                         continuously operating flames or
                                                                                         other potential ignition.''
                                                                                        (g) For fixed equipment that is
                                                                                         ducted, near the nameplate:
                                                                                         ``WARNING--Risk of Fire--Auxiliary
                                                                                         devices which may be ignition
                                                                                         sources shall not be installed in
                                                                                         the ductwork, other than auxiliary
                                                                                         devices listed for use with the
                                                                                         specific appliance. See
                                                                                         instructions.''
                                                                                        (h) All of these markings must be in
                                                                                         letters no less than 6.4 mm (\1/4\
                                                                                         inch) high.

[[Page 50488]]

 
                                                                                     The equipment must have red
                                                                                      Pantone[supreg] Matching System #185
                                                                                      or RAL 3020 marked service ports,
                                                                                      pipes, hoses, or other devices through
                                                                                      which the refrigerant passes, to
                                                                                      indicate the use of a flammable
                                                                                      refrigerant. This color must be
                                                                                      applied at all service ports and other
                                                                                      parts of the system where service
                                                                                      puncturing or other actions creating
                                                                                      an opening from the refrigerant
                                                                                      circuit to the atmosphere might be
                                                                                      expected and must extend a minimum of
                                                                                      one (1) inch (25mm) in both directions
                                                                                      from such locations and shall be
                                                                                      replaced if removed.
                                                                                     In addition to or instead of the
                                                                                      markings described in Clause 7.6DV D1
                                                                                      of UL 60335-2-89, the equipment may
                                                                                      display the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      (black flame on a white background in
                                                                                      a diamond with equal length sides with
                                                                                      a red border), as defined in Chapter
                                                                                      2.2, Flammable Gasses, and Annex 1,
                                                                                      Classification and Labelling Summary
                                                                                      Tables, of ST/SG/AC.10/30/Rev.9,
                                                                                      Global Harmonized System (GHS) of
                                                                                      Classification and Labelling of
                                                                                      Chemicals, Ninth revised edition,\1\
                                                                                      \8\ \9\ on the following three
                                                                                      locations:
 
                                                                                         Outside of the equipment
                                                                                         (label (a));
                                                                                         on the appliance packaging
                                                                                         for a factory-charged unit or
                                                                                         adjacent to the control panel or
                                                                                         nameplate of a unit charged in
                                                                                         place (label (d)); and
                                                                                         in a location visible when
                                                                                         accessing a service port and where
                                                                                         service puncturing or otherwise
                                                                                         creating an opening from the
                                                                                         refrigerant circuit to the
                                                                                         atmosphere might be expected (e.g.,
                                                                                         process tubes) (service label).
                                                                                     The perpendicular height of the diamond
                                                                                      containing the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      shall be at least 15 mm (\9/16\ in).
                                                                                      In addition, next to the GHS warning
                                                                                      symbol for hazard category 1 flammable
                                                                                      gases must be text of the refrigerant
                                                                                      safety class of the refrigerant
                                                                                      according to ASHRAE 34-2022,\1\ \4\
                                                                                      \6\ \7\ in letters at least one-third
                                                                                      the height of the diamond symbol.
5. Commercial Ice Machines (New      HFC-32, R-454A, R-454B  Acceptable subject to   These refrigerants may be used only in   Applicable OSHA
 only)--as of 7/15/2024, for                                  use conditions.         new equipment specifically designed      requirements at 29 CFR
 commercial ice machines with a                                                       and clearly identified for the           part 1910 must be
 remote compressor, for batch-type                                                    refrigerant (i.e., none of these         followed, including those
 self-contained automatic                                                             substitutes may be used as a             at 29 CFR 1910.94
 commercial ice machines with a                                                       conversion or ``retrofit'' refrigerant   (ventilation) and
 harvest rate above 1,000 lb ice                                                      for existing equipment designed for      1910.106 (flammable and
 per 24 hours and for continuous                                                      other refrigerants).                     combustible liquids),
 type self-contained automatic                                                       These refrigerants may be used in new     1910.110 (storage and
 commercial ice machines with a                                                       commercial ice machines if and only if   handling of liquefied
 harvest rate above 1,200 lb ice                                                      such equipment meets requirements in     petroleum gases), and
 per 24 hours; for other types, as                                                    ASHRAE 15-2022.\1\ \4\ \5\ In cases      1910.1000 (toxic and
 of [date reserved].                                                                  where this listing includes              hazardous substances).
                                                                                      requirements different than those of    It is the obligation of
                                                                                      ASHRAE 15-2022, the appliance would      regulated entitles to
                                                                                      need to meet the requirements of this    inform themselves of and
                                                                                      listing 5 in place of the requirements   comply with any other
                                                                                      in ASHRAE 15-2022.                       applicable legal
                                                                                     These refrigerants may only be used in    obligations or
                                                                                      refrigeration equipment that meets all   restrictions.
                                                                                      requirements in UL 60335-2-89,\1\ \2\   Proper ventilation should
                                                                                      \3\ except as provided otherwise in UL   be maintained at all
                                                                                      60335-2-89, in ASHRAE 15-2022, or in     times during the
                                                                                      this listing 5. In cases where this      manufacture and storage
                                                                                      listing includes requirements more       of equipment containing
                                                                                      stringent than those of UL 60335-2-89,   flammable refrigerants
                                                                                      the appliance must meet the              through adherence to good
                                                                                      requirements of this listing 5 in        manufacturing practices
                                                                                      place of the requirements in UL 60335-   as per 29 CFR 1910.106.
                                                                                      2-89. Where similar requirements of      If refrigerant levels in
                                                                                      ASHRAE 15-2022 and UL 60335-2-89         the air surrounding the
                                                                                      differ, the more stringent or            equipment rise above one-
                                                                                      conservative condition shall apply       fourth of the lower
                                                                                      unless superseded by this listing 5.     flammability limit, the
                                                                                     The following markings must be attached   space should be
                                                                                      at the locations provided and must be    evacuated, and reentry
                                                                                      permanent:                               should occur only after
                                                                                                                               the space has been
                                                                                                                               properly ventilated.
                                                                                                                              Technicians and equipment
                                                                                                                               manufacturers should wear
                                                                                                                               appropriate personal
                                                                                                                               protective equipment,
                                                                                                                               including chemical
                                                                                                                               goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               flammable refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin which, like
                                                                                                                               many refrigerants, can
                                                                                                                               cause freeze burns on the
                                                                                                                               skin.
                                                                                                                              A class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.

[[Page 50489]]

 
                                                                                        (a) On the outside of the equipment:  Technicians should only
                                                                                         ``WARNING--Risk of Fire. Flammable    use spark-proof tools
                                                                                         Refrigerant Used. To Be Repaired      when working on air
                                                                                         Only By Trained Service Personnel.    conditioning equipment
                                                                                         Do Not Puncture Refrigerant           with flammable
                                                                                         Tubing.''                             refrigerants.
                                                                                     (b) On the outside of the equipment:     Any recovery equipment
                                                                                      ``WARNING--Risk of Fire. Dispose of      used should be designed
                                                                                      Properly In Accordance With Federal Or   for flammable
                                                                                      Local Regulations. Flammable             refrigerants. Only
                                                                                      Refrigerant Used.''                      technicians specifically
                                                                                     (c) On the inside of the equipment near   trained in handling
                                                                                      the compressor: ``WARNING--Risk of       flammable refrigerants
                                                                                      Fire. Flammable Refrigerant Used.        should service
                                                                                      Consult Repair Manual/Owner's Guide      refrigeration equipment
                                                                                      Before Attempting to Service This        containing this
                                                                                      Product. All Safety Precautions Must     refrigerant. Technicians
                                                                                      be Followed.''                           should gain an
                                                                                     (d) For any equipment pre-charged at      understanding of
                                                                                      the factory, on the equipment            minimizing the risk of
                                                                                      packaging or on the outside of the       fire and the steps to use
                                                                                      equipment: ``WARNING--Risk of Fire due   flammable refrigerants
                                                                                      to Flammable Refrigerant Used. Follow    safely.
                                                                                      Handling Instructions Carefully in      Room occupants should
                                                                                      Compliance with National Regulations''   evacuate the space
                                                                                     a. If the equipment is delivered          immediately following the
                                                                                      packaged, this label shall be applied    accidental release of
                                                                                      on the packaging.                        this refrigerant.
                                                                                     b. If the equipment is not delivered     Personnel commissioning,
                                                                                      packaged, this label shall be applied    maintaining, repairing,
                                                                                      on the outside of the equipment near     decommissioning and
                                                                                      the control panel or nameplate.          disposing of appliances
                                                                                     (e) On the equipment near the             with this refrigerant
                                                                                      nameplate:                               should obtain training
                                                                                     a. At the top of the marking: ``Minimum   and follow practices
                                                                                      Installation Height, X m (W ft)''.       consistent with Annex
                                                                                      This marking is only required if         101.DVT of UL 260355-2-
                                                                                      required by UL 60335-2-89. The terms     89.\1\ \2\ \3\
                                                                                      ``X'' and ``W'' shall be replaced by    CAA section 608(c)(2)
                                                                                      the numeric height as calculated per     prohibits knowingly
                                                                                      the UL Standard. Note that the           venting or otherwise
                                                                                      formatting here is slightly different    knowingly releasing or
                                                                                      than the UL Standard; specifically,      disposing of substitute
                                                                                      the height in Inch-Pound units is        refrigerants in the
                                                                                      placed in parentheses and the word       course of maintaining,
                                                                                      ``and'' has been replaced by the         servicing, repairing or
                                                                                      opening parenthesis.                     disposing of an appliance
                                                                                     b. Immediately below (a) above or at      or industrial process
                                                                                      the top of the marking if (a) is not     refrigeration.
                                                                                      required: ``Minimum room area           Department of
                                                                                      (operating or storage), Y m\2\ (Z        Transportation
                                                                                      ft\2\)''. The terms ``Y'' and ``Z''      requirements for
                                                                                      shall be replaced by the numeric area    transport of flammable
                                                                                      as calculated per the UL Standard.       gases must be followed.
                                                                                      Note that the formatting here is        Flammable refrigerants
                                                                                      slightly different than the UL           being recovered or
                                                                                      Standard; specifically, the area in      otherwise disposed of
                                                                                      Inch-Pound units is placed in            from commercial ice
                                                                                      parentheses and the word ``and'' has     machine appliances are
                                                                                      been replaced by the opening             likely to be hazardous
                                                                                      parenthesis.                             waste under the Resource
                                                                                                                               Conservation and Recovery
                                                                                                                               Act (RCRA) (see 40 CFR
                                                                                                                               parts 260 through 270).
                                                                                        (f) For non-fixed equipment, on the
                                                                                         outside of the product: ``WARNING--
                                                                                         Risk of Fire or Explosion--Store in
                                                                                         a well-ventilated room without
                                                                                         continuously operating flames or
                                                                                         other potential ignition.''
                                                                                        (g) For fixed equipment that is
                                                                                         ducted, near the nameplate:
                                                                                         ``WARNING--Risk of Fire--Auxiliary
                                                                                         devices which may be ignition
                                                                                         sources shall not be installed in
                                                                                         the ductwork, other than auxiliary
                                                                                         devices listed for use with the
                                                                                         specific appliance. See
                                                                                         instructions.''
                                                                                        (h) All of these markings must be in
                                                                                         letters no less than 6.4 mm (\1/4\
                                                                                         inch) high.
                                                                                     The equipment must have red
                                                                                      Pantone[supreg] Matching System #185
                                                                                      or RAL 3020 marked service ports,
                                                                                      pipes, hoses, or other devices through
                                                                                      which the refrigerant passes, to
                                                                                      indicate the use of a flammable
                                                                                      refrigerant. This color must be
                                                                                      applied at all service ports and other
                                                                                      parts of the system where service
                                                                                      puncturing or other actions creating
                                                                                      an opening from the refrigerant
                                                                                      circuit to the atmosphere might be
                                                                                      expected and must extend a minimum of
                                                                                      one (1) inch (25mm) in both directions
                                                                                      from such locations and shall be
                                                                                      replaced if removed.

[[Page 50490]]

 
                                                                                     In addition to or instead of the
                                                                                      markings described in Clause 7.6DV D1
                                                                                      of UL 60335-2-89, the equipment may
                                                                                      display the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      (black flame on a white background in
                                                                                      a diamond with equal length sides with
                                                                                      a red border), as defined in Chapter
                                                                                      2.2, Flammable Gasses, and Annex 1,
                                                                                      Classification and Labelling Summary
                                                                                      Tables, of ST/SG/AC.10/30/Rev.9,
                                                                                      Global Harmonized System (GHS) of
                                                                                      Classification and Labelling of
                                                                                      Chemicals, Ninth revised edition \1\
                                                                                      \8\ \9\ on the following three
                                                                                      locations:
                                                                                         Outside of the equipment
                                                                                         (label (a));
                                                                                         on the appliance packaging
                                                                                         for a factory-charged unit or
                                                                                         adjacent to the control panel or
                                                                                         nameplate of a unit charged in
                                                                                         place (label (d)); and
                                                                                         in a location visible when
                                                                                         accessing a service port and where
                                                                                         service puncturing or otherwise
                                                                                         creating an opening from the
                                                                                         refrigerant circuit to the
                                                                                         atmosphere might be expected (e.g.,
                                                                                         process tubes) (service label).
                                                                                     The perpendicular height of the diamond
                                                                                      containing the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      shall be at least 15 mm (\9/16\ in).
                                                                                      In addition, next to the GHS warning
                                                                                      symbol for hazard category 1 flammable
                                                                                      gases must be text of the refrigerant
                                                                                      safety class of the refrigerant
                                                                                      according to ASHRAE 34-2022,\1\ \4\
                                                                                      \6\ \7\ in letters at least one-third
                                                                                      the height of the diamond symbol.
6. Industrial Process Refrigeration  HFC-32, HFO-1234yf,     Acceptable subject to   These refrigerants may be used only in   Applicable OSHA
 (New only).                          HFO-1234ze(E), R-       use conditions.         new equipment specifically designed      requirements at 29 CFR
                                      454A, R-454B, R-454C,                           and clearly identified for the           part 1910 must be
                                      R-455A, R-457A, and R-                          refrigerant (i.e., none of these         followed, including those
                                      516A.                                           substitutes may be used as a             at 29 CFR 1910.94
                                                                                      conversion or ``retrofit'' refrigerant   (ventilation) and
                                                                                      for existing equipment designed for      1910.106 (flammable and
                                                                                      other refrigerants).                     combustible liquids),
                                                                                     These refrigerants may be used in         1910.110 (storage and
                                                                                      industrial process refrigeration         handling of liquefied
                                                                                      equipment if and only if such            petroleum gases), and
                                                                                      equipment meets requirements in ASHRAE   1910.1000 (toxic and
                                                                                      15-2022.\1\ \4\ \5\ In cases where       hazardous substances).
                                                                                      this listing includes requirements      Proper ventilation should
                                                                                      different than those of ASHRAE 15-       be maintained at all
                                                                                      2022, the appliance would need to meet   times during the
                                                                                      the requirements of this listing 6 in    manufacture and storage
                                                                                      place of the requirements in ASHRAE 15-  of equipment containing
                                                                                      2022.                                    flammable refrigerants
                                                                                     These refrigerants may only be used in    through adherence to good
                                                                                      refrigeration equipment that meets all   manufacturing practices
                                                                                      requirements in UL 60335-2-89,\1\ \2\    as per 29 CFR 1910.106.
                                                                                      \3\ except as provided otherwise in UL   If refrigerant levels in
                                                                                      60335-2-89, in ASHRAE 15-2022, or in     the air surrounding the
                                                                                      this listing 6. In cases where this      equipment rise above one-
                                                                                      listing includes requirements more       fourth of the lower
                                                                                      stringent than those of UL 60335-2-89,   flammability limit, the
                                                                                      the appliance must meet the              space should be
                                                                                      requirements of this listing 6 in        evacuated, and reentry
                                                                                      place of the requirements in UL 60335-   should occur only after
                                                                                      2-89. Where similar requirements of      the space has been
                                                                                      ASHRAE 15-2022 and UL 60335-2-89         properly ventilated.
                                                                                      differ, the more stringent or           Technicians and equipment
                                                                                      conservative condition shall apply       manufacturers should wear
                                                                                      unless superseded by this listing 6.     appropriate personal
                                                                                                                               protective equipment,
                                                                                                                               including chemical
                                                                                                                               goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               flammable refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin which, like
                                                                                                                               many refrigerants, can
                                                                                                                               cause freeze burns on the
                                                                                                                               skin.
                                                                                                                              A class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.

[[Page 50491]]

 
                                                                                     The following markings must be attached  Technicians should only
                                                                                      at the locations provided and must be    use spark-proof tools
                                                                                      permanent:                               when working on air
                                                                                     (a) On the outside of the equipment:      conditioning equipment
                                                                                      ``WARNING--Risk of Fire. Flammable       with flammable
                                                                                      Refrigerant Used. To Be Repaired Only    refrigerants.
                                                                                      By Trained Service Personnel. Do Not    Any recovery equipment
                                                                                      Puncture Refrigerant Tubing.''           used should be designed
                                                                                     (b) On the outside of the equipment:      for flammable
                                                                                      ``WARNING--Risk of Fire. Dispose of      refrigerants. Only
                                                                                      Properly In Accordance With Federal Or   technicians specifically
                                                                                      Local Regulations. Flammable             trained in handling
                                                                                      Refrigerant Used.''                      flammable refrigerants
                                                                                     (c) On the inside of the equipment near   should service
                                                                                      the compressor: ``WARNING--Risk of       refrigeration equipment
                                                                                      Fire. Flammable Refrigerant Used.        containing this
                                                                                      Consult Repair Manual/Owner's Guide      refrigerant. Technicians
                                                                                      Before Attempting to Service This        should gain an
                                                                                      Product. All Safety Precautions Must     understanding of
                                                                                      be Followed.''                           minimizing the risk of
                                                                                     (d) For any equipment pre-charged at      fire and the steps to use
                                                                                      the factory, on the equipment            flammable refrigerants
                                                                                      packaging or on the outside of the       safely.
                                                                                      equipment: ``WARNING--Risk of Fire due  Room occupants should
                                                                                      to Flammable Refrigerant Used. Follow    evacuate the space
                                                                                      Handling Instructions Carefully in       immediately following the
                                                                                      Compliance with National Regulations''   accidental release of
                                                                                     a. If the equipment is delivered          this refrigerant.
                                                                                      packaged, this label shall be applied   Personnel commissioning,
                                                                                      on the packaging.                        maintaining, repairing,
                                                                                     b. If the equipment is not delivered      decommissioning and
                                                                                      packaged, this label shall be applied    disposing of appliances
                                                                                      on the outside of the equipment near     with this refrigerant
                                                                                      the control panel or nameplate.          should obtain training
                                                                                     (e) On the equipment near the             and follow practices
                                                                                      nameplate:                               consistent with Annex
                                                                                     a. At the top of the marking: ``Minimum   101.DVT of UL 260355-2-
                                                                                      Installation Height, X m (W ft)''.       89.\1\ \2\ \3\
                                                                                      This marking is only required if        CAA section 608(c)(2)
                                                                                      required by UL 60335-2-89. The terms     prohibits knowingly
                                                                                      ``X'' and ``W'' shall be replaced by     venting or otherwise
                                                                                      the numeric height as calculated per     knowingly releasing or
                                                                                      the UL Standard. Note that the           disposing of substitute
                                                                                      formatting here is slightly different    refrigerants in the
                                                                                      than the UL Standard; specifically,      course of maintaining,
                                                                                      the height in Inch-Pound units is        servicing, repairing or
                                                                                      placed in parentheses and the word       disposing of an appliance
                                                                                      ``and'' has been replaced by the         or industrial process
                                                                                      opening parenthesis.                     refrigeration.
                                                                                     b. Immediately below (a) above or at     Department of
                                                                                      the top of the marking if (a) is not     Transportation
                                                                                      required: ``Minimum room area            requirements for
                                                                                      (operating or storage), Y m\2\ (Z        transport of flammable
                                                                                      ft\2\)''. The terms ``Y'' and ``Z''      gases must be followed.
                                                                                      shall be replaced by the numeric area   Flammable refrigerants
                                                                                      as calculated per the UL Standard.       being recovered or
                                                                                      Note that the formatting here is         otherwise disposed of
                                                                                      slightly different than the UL           from industrial process
                                                                                      Standard; specifically, the area in      refrigeration appliances
                                                                                      Inch-Pound units is placed in            are likely to be
                                                                                      parentheses and the word ``and'' has     hazardous waste under the
                                                                                      been replaced by the opening             Resource Conservation and
                                                                                      parenthesis.                             Recovery Act (RCRA) (see
                                                                                     (f) For non-fixed equipment, on the       40 CFR parts 260 through
                                                                                      outside of the product: ``WARNING--      270).
                                                                                      Risk of Fire or Explosion--Store in a
                                                                                      well-ventilated room without
                                                                                      continuously operating flames or other
                                                                                      potential ignition.''
                                                                                        (g) For fixed equipment that is
                                                                                         ducted, near the nameplate:
                                                                                         ``WARNING--Risk of Fire--Auxiliary
                                                                                         devices which may be ignition
                                                                                         sources shall not be installed in
                                                                                         the ductwork, other than auxiliary
                                                                                         devices listed for use with the
                                                                                         specific appliance. See
                                                                                         instructions.''
                                                                                        (h) All of these markings must be in
                                                                                         letters no less than 6.4 mm (\1/4\
                                                                                         inch) high.

[[Page 50492]]

 
                                                                                     The equipment must have red
                                                                                      Pantone[supreg] Matching System #185
                                                                                      or RAL 3020 marked service ports,
                                                                                      pipes, hoses, or other devices through
                                                                                      which the refrigerant passes, to
                                                                                      indicate the use of a flammable
                                                                                      refrigerant. This color must be
                                                                                      applied at all service ports and other
                                                                                      parts of the system where service
                                                                                      puncturing or other actions creating
                                                                                      an opening from the refrigerant
                                                                                      circuit to the atmosphere might be
                                                                                      expected and must extend a minimum of
                                                                                      one (1) inch (25mm) in both directions
                                                                                      from such locations and shall be
                                                                                      replaced if removed.
                                                                                     In addition to or instead of the
                                                                                      markings described in Clause 7.6DV D1
                                                                                      of UL 60335-2-89, the equipment may
                                                                                      display the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      (black flame on a white background in
                                                                                      a diamond with equal length sides with
                                                                                      a red border), as defined in Chapter
                                                                                      2.2, Flammable Gasses, and Annex 1,
                                                                                      Classification and Labelling Summary
                                                                                      Tables, of ST/SG/AC.10/30/Rev.9,
                                                                                      Global Harmonized System (GHS) of
                                                                                      Classification and Labelling of
                                                                                      Chemicals, Ninth revised edition,\1\
                                                                                      \8\ \9\ on the following three
                                                                                      locations:
                                                                                         Outside of the equipment
                                                                                         (label (a));
                                                                                         on the appliance packaging
                                                                                         for a factory-charged unit or
                                                                                         adjacent to the control panel or
                                                                                         nameplate of a unit charged in
                                                                                         place (label (d)); and
                                                                                         in a location visible when
                                                                                         accessing a service port and where
                                                                                         service puncturing or otherwise
                                                                                         creating an opening from the
                                                                                         refrigerant circuit to the
                                                                                         atmosphere might be expected (e.g.,
                                                                                         process tubes) (service label).
                                                                                     The perpendicular height of the diamond
                                                                                      containing the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      shall be at least 15 mm (\9/16\ in).
                                                                                      In addition, next to the GHS warning
                                                                                      symbol for hazard category 1 flammable
                                                                                      gases must be text of the refrigerant
                                                                                      safety class of the refrigerant
                                                                                      according to ASHRAE 34-2022,\1\ \4\
                                                                                      \6\ \7\ in letters at least one-third
                                                                                      the height of the diamond symbol.
                                                                                     The substitute R-454A may only be used
                                                                                      in chillers for industrial process
                                                                                      refrigeration, in equipment with the
                                                                                      refrigerant temperature entering the
                                                                                      evaporator less than or equal to -30
                                                                                      [deg]C, in equipment with a
                                                                                      refrigerant charge capacity less than
                                                                                      200 pounds and with the refrigerant
                                                                                      temperature entering the evaporator
                                                                                      higher than -30 [deg]C, and in the
                                                                                      high-temperature side of a cascade
                                                                                      system with the refrigerant
                                                                                      temperature entering the evaporator
                                                                                      higher than -30 [deg]C.
                                                                                     The substitutes HFC-32 and R-454B may
                                                                                      only be used in chillers for
                                                                                      industrial process refrigeration, or
                                                                                      in equipment with the refrigerant
                                                                                      temperature entering the evaporator
                                                                                      less than or equal to -30 [deg]C.

[[Page 50493]]

 
7. Cold Storage Warehouses (New      HFO-1234yf, HFO-        Acceptable subject to   These refrigerants may be used only in   Applicable OSHA
 only).                               1234ze(E), R-454A, R-   use conditions.         new equipment specifically designed      requirements at 29 CFR
                                      454C, R-455A, R-457A,                           and clearly identified for the           part 1910 must be
                                      and R-516A.                                     refrigerant (i.e., none of these         followed, including those
                                                                                      substitutes may be used as a             at 29 CFR 1910.94
                                                                                      conversion or ``retrofit'' refrigerant   (ventilation) and
                                                                                      for existing equipment designed for      1910.106 (flammable and
                                                                                      other refrigerants).                     combustible liquids),
                                                                                     These refrigerants may be used in cold    1910.110 (storage and
                                                                                      storage warehouses if and only if such   handling of liquefied
                                                                                      equipment meets requirements in ASHRAE   petroleum gases), and
                                                                                      15-2022.\1\ \4\ \5\ In cases where       1910.1000 (toxic and
                                                                                      this listing includes requirements       hazardous substances).
                                                                                      different than those of ASHRAE 15-      Proper ventilation should
                                                                                      2022, the appliance would need to meet   be maintained at all
                                                                                      the requirements of this listing 7 in    times during the
                                                                                      place of the requirements in ASHRAE 15-  manufacture and storage
                                                                                      2022.                                    of equipment containing
                                                                                     These refrigerants may only be used in    flammable refrigerants
                                                                                      refrigeration equipment that meets all   through adherence to good
                                                                                      requirements in UL 60335-2-89,\1\ \2\    manufacturing practices
                                                                                      \3\ except as provided otherwise in UL   as per 29 CFR 1910.106.
                                                                                      60335-2-89, in ASHRAE 15-2022, or in     If refrigerant levels in
                                                                                      this listing 7. In cases where this      the air surrounding the
                                                                                      listing includes requirements more       equipment rise above one-
                                                                                      stringent than those of UL 60335-2-89,   fourth of the lower
                                                                                      the appliance must meet the              flammability limit, the
                                                                                      requirements of this listing 7 in        space should be
                                                                                      place of the requirements in UL 60335-   evacuated, and reentry
                                                                                      2-89. Where similar requirements of      should occur only after
                                                                                      ASHRAE 15-2022 and UL 60335-2-89         the space has been
                                                                                      differ, the more stringent or            properly ventilated.
                                                                                      conservative condition shall apply      Technicians and equipment
                                                                                      unless superseded by this listing 7.     manufacturers should wear
                                                                                                                               appropriate personal
                                                                                                                               protective equipment,
                                                                                                                               including chemical
                                                                                                                               goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               flammable refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin which, like
                                                                                                                               many refrigerants, can
                                                                                                                               cause freeze burns on the
                                                                                                                               skin.
                                                                                                                              A class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.
                                                                                     The following markings must be attached  Technicians should only
                                                                                      at the locations provided and must be    use spark-proof tools
                                                                                      permanent:                               when working on air
                                                                                     (a) On the outside of the equipment:      conditioning equipment
                                                                                      ``WARNING--Risk of Fire. Flammable       with flammable
                                                                                      Refrigerant Used. To Be Repaired Only    refrigerants.
                                                                                      By Trained Service Personnel. Do Not    Any recovery equipment
                                                                                      Puncture Refrigerant Tubing.''           used should be designed
                                                                                     (b) On the outside of the equipment:      for flammable
                                                                                      ``WARNING--Risk of Fire. Dispose of      refrigerants. Only
                                                                                      Properly In Accordance With Federal Or   technicians specifically
                                                                                      Local Regulations. Flammable             trained in handling
                                                                                      Refrigerant Used.''                      flammable refrigerants
                                                                                     (c) On the inside of the equipment near   should service
                                                                                      the compressor: ``WARNING--Risk of       refrigeration equipment
                                                                                      Fire. Flammable Refrigerant Used.        containing this
                                                                                      Consult Repair Manual/Owner's Guide      refrigerant. Technicians
                                                                                      Before Attempting to Service This        should gain an
                                                                                      Product. All Safety Precautions Must     understanding of
                                                                                      be Followed.''                           minimizing the risk of
                                                                                     (d) For any equipment pre-charged at      fire and the steps to use
                                                                                      the factory, on the equipment            flammable refrigerants
                                                                                      packaging or on the outside of the       safely.
                                                                                      equipment: ``WARNING--Risk of Fire due  Room occupants should
                                                                                      to Flammable Refrigerant Used. Follow    evacuate the space
                                                                                      Handling Instructions Carefully in       immediately following the
                                                                                      Compliance with National Regulations''   accidental release of
                                                                                     a. If the equipment is delivered          this refrigerant.
                                                                                      packaged, this label shall be applied   Personnel commissioning,
                                                                                      on the packaging.                        maintaining, repairing,
                                                                                     b. If the equipment is not delivered      decommissioning and
                                                                                      packaged, this label shall be applied    disposing of appliances
                                                                                      on the outside of the equipment near     with this refrigerant
                                                                                      the control panel or nameplate.          should obtain training
                                                                                                                               and follow practices
                                                                                                                               consistent with Annex
                                                                                                                               101.DVT of UL 260355-2-
                                                                                                                               89.\1\ \2\ \3\
                                                                                                                              CAA section 608(c)(2)
                                                                                                                               prohibits knowingly
                                                                                                                               venting or otherwise
                                                                                                                               knowingly releasing or
                                                                                                                               disposing of substitute
                                                                                                                               refrigerants in the
                                                                                                                               course of maintaining,
                                                                                                                               servicing, repairing or
                                                                                                                               disposing of an appliance
                                                                                                                               or industrial process
                                                                                                                               refrigeration.
                                                                                                                              Department of
                                                                                                                               Transportation
                                                                                                                               requirements for
                                                                                                                               transport of flammable
                                                                                                                               gases must be followed.
                                                                                                                              Flammable refrigerants
                                                                                                                               being recovered or
                                                                                                                               otherwise disposed of
                                                                                                                               from cold storage
                                                                                                                               warehouses are likely to
                                                                                                                               be hazardous waste under
                                                                                                                               the Resource Conservation
                                                                                                                               and Recovery Act (RCRA)
                                                                                                                               (see 40 CFR parts 260
                                                                                                                               through 270).

[[Page 50494]]

 
                                                                                        (e) On the equipment near the
                                                                                         nameplate:
                                                                                     a. At the top of the marking: ``Minimum
                                                                                      Installation Height, X m (W ft)''.
                                                                                      This marking is only required if
                                                                                      required by UL 60335-2-89. 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.
                                                                                     b. Immediately below (a) above or at
                                                                                      the top of the marking if (a) is not
                                                                                      required: ``Minimum room area
                                                                                      (operating or storage), Y m\2\ (Z
                                                                                      ft\2\)''. The terms ``Y'' and ``Z''
                                                                                      shall be replaced by the numeric area
                                                                                      as calculated per 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.
                                                                                     (f) For non-fixed equipment, on the
                                                                                      outside of the product: ``WARNING--
                                                                                      Risk of Fire or Explosion--Store in a
                                                                                      well-ventilated room without
                                                                                      continuously operating flames or other
                                                                                      potential ignition.''
                                                                                     (g) For fixed equipment that is ducted,
                                                                                      near the nameplate: ``WARNING--Risk of
                                                                                      Fire--Auxiliary devices which may be
                                                                                      ignition sources shall not be
                                                                                      installed in the ductwork, other than
                                                                                      auxiliary devices listed for use with
                                                                                      the specific appliance. See
                                                                                      instructions.''
                                                                                     (h) All of these markings must be in
                                                                                      letters no less than 6.4 mm (\1/4\
                                                                                      inch) high.
                                                                                     The equipment must have red
                                                                                      Pantone[supreg] Matching System #185
                                                                                      or RAL 3020 marked service ports,
                                                                                      pipes, hoses, or other devices through
                                                                                      which the refrigerant passes, to
                                                                                      indicate the use of a flammable
                                                                                      refrigerant. This color must be
                                                                                      applied at all service ports and other
                                                                                      parts of the system where service
                                                                                      puncturing or other actions creating
                                                                                      an opening from the refrigerant
                                                                                      circuit to the atmosphere might be
                                                                                      expected and must extend a minimum of
                                                                                      one (1) inch (25mm) in both directions
                                                                                      from such locations and shall be
                                                                                      replaced if removed.
                                                                                     In addition to or instead of the
                                                                                      markings described in Clause 7.6DV D1
                                                                                      of UL 60335-2-89, the equipment may
                                                                                      display the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      (black flame on a white background in
                                                                                      a diamond with equal length sides with
                                                                                      a red border), as defined in Chapter
                                                                                      2.2, Flammable Gasses, and Annex 1,
                                                                                      Classification and Labelling Summary
                                                                                      Tables, of ST/SG/AC.10/30/Rev.9,
                                                                                      Global Harmonized System (GHS) of
                                                                                      Classification and Labelling of
                                                                                      Chemicals, Ninth revised edition,\1\
                                                                                      \8\ \9\ on the following three
                                                                                      locations:
                                                                                         Outside of the equipment
                                                                                         (label (a));
                                                                                         on the appliance packaging
                                                                                         for a factory-charged unit or
                                                                                         adjacent to the control panel or
                                                                                         nameplate of a unit charged in
                                                                                         place (label (d)); and
                                                                                         in a location visible when
                                                                                         accessing a service port and where
                                                                                         service puncturing or otherwise
                                                                                         creating an opening from the
                                                                                         refrigerant circuit to the
                                                                                         atmosphere might be expected (e.g.,
                                                                                         process tubes) (service label).

[[Page 50495]]

 
                                                                                     The perpendicular height of the diamond
                                                                                      containing the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      shall be at least 15 mm (\9/16\ in).
                                                                                      In addition, next to the GHS warning
                                                                                      symbol for hazard category 1 flammable
                                                                                      gases must be text of the refrigerant
                                                                                      safety class of the refrigerant to
                                                                                      ASHRAE 34-2022,\1\ \4\ \6\ \7\ in
                                                                                      letters at least one-third the height
                                                                                      of the diamond symbol.
                                                                                     The substitute R-454A 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.
8. Ice Skating Rinks (New only;      HFO-1234yf, HFO-        Acceptable subject to   These refrigerants may be used only in   Applicable OSHA
 Equipment with remote compressors).  1234ze(E), R-454C, R-   use conditions.         new equipment specifically designed      requirements at 29 CFR
                                      455A, R-457A, and R-                            and clearly identified for the           part 1910 must be
                                      516A.                                           refrigerant (i.e., none of these         followed, including those
                                                                                      substitutes may be used as a             at 29 CFR 1910.94
                                                                                      conversion or ``retrofit'' refrigerant   (ventilation) and
                                                                                      for existing equipment designed for      1910.106 (flammable and
                                                                                      other refrigerants).                     combustible liquids),
                                                                                     These refrigerants may be used in ice     1910.110 (storage and
                                                                                      skating rinks with remote compressors    handling of liquefied
                                                                                      if and only if such equipment meets      petroleum gases), and
                                                                                      requirements in ASHRAE 15-2022.\1\ \4\   1910.1000 (toxic and
                                                                                      \5\ In cases where this listing          hazardous substances).
                                                                                      includes requirements different than    Proper ventilation should
                                                                                      those of ASHRAE 15-2022, the appliance   be maintained at all
                                                                                      would need to meet the requirements of   times during the
                                                                                      this listing 8 in place of the           manufacture and storage
                                                                                      requirements in ASHRAE 15-2022.          of equipment containing
                                                                                     These refrigerants may only be used in    flammable refrigerants
                                                                                      refrigeration equipment that meets all   through adherence to good
                                                                                      requirements in UL 60335-2-89,\1\ \2\    manufacturing practices
                                                                                      \3\ except as provided otherwise in UL   as per 29 CFR 1910.106.
                                                                                      60335-2-89, in ASHRAE 15-2022, or in     If refrigerant levels in
                                                                                      this listing 8. In cases where this      the air surrounding the
                                                                                      listing includes requirements more       equipment rise above one-
                                                                                      stringent than those of UL 60335-2-89,   fourth of the lower
                                                                                      the appliance must meet the              flammability limit, the
                                                                                      requirements of this listing 8 in        space should be
                                                                                      place of the requirements in UL 60335-   evacuated, and reentry
                                                                                      2-89. Where similar requirements of      should occur only after
                                                                                      ASHRAE 15-2022 and UL 60335-2-89         the space has been
                                                                                      differ, the more stringent or            properly ventilated.
                                                                                      conservative condition shall apply      Technicians and equipment
                                                                                      unless superseded by this listing 8.     manufacturers should wear
                                                                                                                               appropriate personal
                                                                                                                               protective equipment,
                                                                                                                               including chemical
                                                                                                                               goggles and protective
                                                                                                                               gloves, when handling
                                                                                                                               flammable refrigerants.
                                                                                                                               Special care should be
                                                                                                                               taken to avoid contact
                                                                                                                               with the skin which, like
                                                                                                                               many refrigerants, can
                                                                                                                               cause freeze burns on the
                                                                                                                               skin.
                                                                                                                              A class B dry powder type
                                                                                                                               fire extinguisher should
                                                                                                                               be kept nearby.
                                                                                     The following markings must be attached  Technicians should only
                                                                                      at the locations provided and must be    use spark-proof tools
                                                                                      permanent:                               when working on air
                                                                                     (a) On the outside of the equipment:      conditioning equipment
                                                                                      ``WARNING--Risk of Fire. Flammable       with flammable
                                                                                      Refrigerant Used. To Be Repaired Only    refrigerants.
                                                                                      By Trained Service Personnel. Do Not    Any recovery equipment
                                                                                      Puncture Refrigerant Tubing.''           used should be designed
                                                                                     (b) On the outside of the equipment:      for flammable
                                                                                      ``WARNING--Risk of Fire. Dispose of      refrigerants. Only
                                                                                      Properly In Accordance With Federal Or   technicians specifically
                                                                                      Local Regulations. Flammable             trained in handling
                                                                                      Refrigerant Used.''                      flammable refrigerants
                                                                                     (c) On the inside of the equipment near   should service
                                                                                      the compressor: ``WARNING--Risk of       refrigeration equipment
                                                                                      Fire. Flammable Refrigerant Used.        containing this
                                                                                      Consult Repair Manual/Owner's Guide      refrigerant. Technicians
                                                                                      Before Attempting to Service This        should gain an
                                                                                      Product. All Safety Precautions Must     understanding of
                                                                                      be Followed.''                           minimizing the risk of
                                                                                     (d) For any equipment pre-charged at      fire and the steps to use
                                                                                      the factory, on the equipment            flammable refrigerants
                                                                                      packaging or on the outside of the       safely.
                                                                                      equipment: ``WARNING--Risk of Fire due  Room occupants should
                                                                                      to Flammable Refrigerant Used. Follow    evacuate the space
                                                                                      Handling Instructions Carefully in       immediately following the
                                                                                      Compliance with National Regulations''   accidental release of
                                                                                     a. If the equipment is delivered          this refrigerant.
                                                                                      packaged, this label shall be applied   Personnel commissioning,
                                                                                      on the packaging.                        maintaining, repairing,
                                                                                     b. If the equipment is not delivered      decommissioning and
                                                                                      packaged, this label shall be applied    disposing of appliances
                                                                                      on the outside of the equipment near     with this refrigerant
                                                                                      the control panel or nameplate.          should obtain training
                                                                                                                               and follow practices
                                                                                                                               consistent with Annex
                                                                                                                               101.DVT of UL 260355-2-
                                                                                                                               89.\2\ \3\
                                                                                                                              CAA section 608(c)(2)
                                                                                                                               prohibits knowingly
                                                                                                                               venting or otherwise
                                                                                                                               knowingly releasing or
                                                                                                                               disposing of substitute
                                                                                                                               refrigerants in the
                                                                                                                               course of maintaining,
                                                                                                                               servicing, repairing or
                                                                                                                               disposing of an appliance
                                                                                                                               or industrial process
                                                                                                                               refrigeration.
                                                                                                                              Department of
                                                                                                                               Transportation
                                                                                                                               requirements for
                                                                                                                               transport of flammable
                                                                                                                               gases must be followed.
                                                                                                                              Flammable refrigerants
                                                                                                                               being recovered or
                                                                                                                               otherwise disposed of
                                                                                                                               from ice skating rinks
                                                                                                                               are likely to be
                                                                                                                               hazardous waste under the
                                                                                                                               Resource Conservation and
                                                                                                                               Recovery Act (RCRA) (see
                                                                                                                               40 CFR parts 260 through
                                                                                                                               270).

[[Page 50496]]

 
                                                                                        (e) On the equipment near the
                                                                                         nameplate:
                                                                                     a. At the top of the marking: ``Minimum
                                                                                      Installation Height, X m (W ft)''.
                                                                                      This marking is only required if
                                                                                      required by UL 60335-2-89. 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.
                                                                                     b. Immediately below (a) above or at
                                                                                      the top of the marking if (a) is not
                                                                                      required: ``Minimum room area
                                                                                      (operating or storage), Y m\2\ (Z
                                                                                      ft\2\)''. The terms ``Y'' and ``Z''
                                                                                      shall be replaced by the numeric area
                                                                                      as calculated per 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.
                                                                                     (f) For non-fixed equipment, on the
                                                                                      outside of the product: ``WARNING--
                                                                                      Risk of Fire or Explosion--Store in a
                                                                                      well-ventilated room without
                                                                                      continuously operating flames or other
                                                                                      potential ignition.''
                                                                                     (g) For fixed equipment that is ducted,
                                                                                      near the nameplate: ``WARNING--Risk of
                                                                                      Fire--Auxiliary devices which may be
                                                                                      ignition sources shall not be
                                                                                      installed in the ductwork, other than
                                                                                      auxiliary devices listed for use with
                                                                                      the specific appliance. See
                                                                                      instructions.''
                                                                                     (h) All of these markings must be in
                                                                                      letters no less than 6.4 mm (\1/4\
                                                                                      inch) high.
                                                                                     The equipment must have red
                                                                                      Pantone[supreg] Matching System #185
                                                                                      or RAL 3020 marked service ports,
                                                                                      pipes, hoses, or other devices through
                                                                                      which the refrigerant passes, to
                                                                                      indicate the use of a flammable
                                                                                      refrigerant. This color must be
                                                                                      applied at all service ports and other
                                                                                      parts of the system where service
                                                                                      puncturing or other actions creating
                                                                                      an opening from the refrigerant
                                                                                      circuit to the atmosphere might be
                                                                                      expected and must extend a minimum of
                                                                                      one (1) inch (25mm) in both directions
                                                                                      from such locations and shall be
                                                                                      replaced if removed.
                                                                                     In addition to or instead of the
                                                                                      markings described in Clause 7.6DV D1
                                                                                      of UL 60335-2-89, the equipment may
                                                                                      display the Globally Harmonized System
                                                                                      of Classification and Labelling of
                                                                                      Chemicals (GHS) warning symbol for
                                                                                      hazard category 1 flammable gases \1\
                                                                                      \7\ \8\ (black flame on a white
                                                                                      background in a diamond with equal
                                                                                      length sides with a red border) on the
                                                                                      following three locations:
                                                                                         outside of the equipment
                                                                                         (label (a));
                                                                                         on the appliance packaging
                                                                                         for a factory-charged unit or
                                                                                         adjacent to the control panel or
                                                                                         nameplate of a unit charged in
                                                                                         place (label (d)); and
                                                                                         in a location visible when
                                                                                         accessing a service port and where
                                                                                         service puncturing or otherwise
                                                                                         creating an opening from the
                                                                                         refrigerant circuit to the
                                                                                         atmosphere might be expected (e.g.,
                                                                                         process tubes) (service label).

[[Page 50497]]

 
                                                                                     The perpendicular height of the diamond
                                                                                      containing the GHS warning symbol for
                                                                                      hazard category 1 flammable gases
                                                                                      shall be at least 15 mm (\9/16\ in).
                                                                                      In addition, next to the GHS warning
                                                                                      symbol for hazard category 1 flammable
                                                                                      gases must be text of the refrigerant
                                                                                      safety class of the refrigerant
                                                                                      according to ASHRAE 34-2022,\1\ \4\
                                                                                      \6\ \7\ in letters at least one-third
                                                                                      the height of the diamond symbol.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Director of the Federal Register approves this incorporation by reference (5 U.S.C. 552(a) and 1 CFR part 51). You may inspect a copy at the
  U.S. EPA or at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: EPA Docket Center, WJC West Building, Room 3334, 1301
  Constitution Avenue NW, Washington, DC 20004, www.epa.gov/dockets; (202) 202-1744. For information on the availability of this material at NARA, visit
  www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
\2\ You may obtain the UL material from: Underwriters Laboratories Inc. (UL) COMM 2000; 151 Eastern Avenue; Bensenville, IL 60106; phone: 1-888-853-3503
  in the U.S. or Canada (other countries +1-415-352-2168); email: [email protected]; website: https://ulstandards.ul.com or
  www.shopulstandards.com.
\3\ UL 60335-2-89, Standard for Safety for Household and Similar Electrical Appliances--Safety--Part 2-89: Particular Requirements for Commercial
  Refrigerating Appliances, 2nd edition, dated October 27, 2021.
\4\ You may obtain the ANSI/ASHRAE material from: American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 180 Technology
  Parkway NW, Peachtree Corners, Georgia 30092; phone: 1-800-527-4723 or 1-404-636-8400 in the U.S. or Canada; email: [email protected]; website:
  https://www.ashrae.org/technical-resources/bookstore/ashrae-refrigeration-resources.
\5\ ANSI/ASHRAE Standard 15-2022. Safety Standard for Refrigeration Systems, copyright 2022.
\6\ ANSI/ASHRAE Standard 34-2022. Designation and Safety Classification of Refrigerants, copyright 2022.
\7\ ANSI/ASHRAE Addendum a to ANSI/ASHRAE Standard 34-2022, Designation and Safety Classification of Refrigerants, ANSI-/ASHRAE-approved December 20,
  2022.
\8\ You may obtain the UN material from the United Nations Publications section at: https://shop.un.org/books/global-harmon-syst-class-9-92280; by mail:
  United Nations Publications Customer Service, P.O. Box 960, Herndon, VA 20172; phone: 1-703-661-1571; email: [email protected].
\9\ ST/SG/AC.10/30/Rev.9, Global Harmonized System (GHS) of Classification and Labelling of Chemicals, Ninth revised edition, copyright 2021; Chapter
  2.2, Flammable Gasses, and Annex 1, Classification and Labelling Summary Tables.

[FR Doc. 2024-11690 Filed 6-12-24; 8:45 am]
 BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.