[Federal Register Volume 77, Number 58 (Monday, March 26, 2012)]
[Rules and Regulations]
[Pages 17344-17351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6916]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2011-0776; FRL-9651-3]
RIN-2060-AR20
Protection of Stratospheric Ozone: Amendment to HFO-1234yf SNAP
Rule for Motor Vehicle Air Conditioning Sector
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking
direct final action to revise one of the use conditions required for
use of hydrofluoroolefin (HFO)-1234yf (2,3,3,3-tetrafluoroprop-1-ene),
a substitute for ozone-depleting substances (ODSs) in the motor vehicle
air conditioning end-use within the refrigeration and air conditioning
sector, to be acceptable subject to use conditions under EPA's
Significant New Alternatives Policy (SNAP) program. The revised use
condition incorporates by reference a revised standard from SAE
International.
DATES: This rule is effective on May 21, 2012 without further notice,
unless EPA receives adverse comment or receives a request for a public
hearing by April 23, 2012. If we receive adverse comment or a request
for a public hearing, we will publish a timely withdrawal in the
Federal Register informing the public that all or part of this rule
will not take effect. The incorporation by reference of certain
publications listed in the rule is approved by the Director of the
Federal Register as of May 21, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA- HQ-
OAR- 2011-0776 by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: Comments may be sent by electronic mail (email) to
a-and-r-
[[Page 17345]]
[email protected], Attention EPA-HQ-OAR-2011-0776.
Mail: OAR Docket and Information Center, U.S.
Environmental Protection Agency, Mailcode 6102T, 1200 Pennsylvania Ave.
NW., Washington, DC 20460. To expedite review, a second copy of the
comments should be sent to Margaret Sheppard at the address listed
below under FOR FURTHER INFORMATION CONTACT.
Hand Delivery: Air and Radiation Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC 20004. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-2011-
0776. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
through www.regulations.gov or in hard copy at the Air and Radiation
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Air and Radiation Docket is (202) 566-1742.
EPA has established a public docket for this action under Docket ID
No. EPA-HQ-OAR-2011-0776. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the Air and Radiation Docket,
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
Air and Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Margaret Sheppard, Stratospheric
Protection Division, Office of Atmospheric Programs; Environmental
Protection Agency, Mail Code 6205J, 1200 Pennsylvania Avenue NW.,
Washington DC 20460; telephone number (202) 343-9163, fax number, (202)
343-2338; email address at [email protected]. The published
versions of notices and rulemakings under the SNAP program are
available on EPA's Stratospheric Ozone Web site at http://www.epa.gov/ozone/snap/regs. The full list of SNAP decisions in all industrial
sectors is available at http://www.epa.gov/ozone/snap.
SUPPLEMENTARY INFORMATION: EPA is publishing this rule without a prior
proposed rule because we view this as a noncontroversial action and
anticipate no adverse comment. We are revising an existing use
condition for hydrofluoroolefin (HFO)-1234yf (2,3,3,3-tetrafluoroprop-
1-ene) in motor vehicle air conditioning (MVAC) by incorporating by
reference an updated edition of a standard from SAE International and
clarifying the scope of the use condition. EPA previously listed HFO-
1234yf as acceptable, subject to use conditions, for use in MVAC
systems in new passenger cars and light-duty trucks (March 29, 2011; 76
FR 17488). This action does not place any significant burden on the
regulated community and ensures consistency with standard industry
practices.
In the ``Proposed Rules'' section of today's Federal Register, we
are publishing a separate document that will serve as the proposed rule
to revise a use condition for HFO-1234yf in MVAC to incorporate by
reference an updated standard and clarify the scope of the use
condition, if adverse comments are received or a public hearing is
requested on this direct final rule. We will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information about commenting on
this rule, see the ADDRESSES section of this document. If EPA receives
adverse comment or a request for a public hearing, we will publish a
timely withdrawal in the Federal Register informing the public that
this direct final rule will not take effect. We would address all
public comments in any subsequent final rule based on the proposed
rule.
You may claim that information in your comments is confidential
business information (CBI), as allowed by 40 CFR Part 2. If you submit
comments and include information that you claim as CBI, we request that
you submit them directly to Margaret Sheppard at the address under FOR
FURTHER INFORMATION CONTACT in two versions: One clearly marked
``Public'' to be filed in the Public Docket, and the other marked
``Confidential'' to be reviewed by authorized government personnel
only. This information will remain confidential unless EPA determines,
in accordance with 40 CFR part 2, subpart B, that the information is
not subject to protection as CBI.
Table of Contents
I. Does this action apply to me?
II. How and why is EPA revising a use condition for HFO-1234yf in
MVAC?
A. Revised Standard SAE J2844
B. Clarification of Scope of Requirement for Unique Fittings on
Refrigerant Containers
III. How does the SNAP program work?
A. What are the statutory requirements and authority for the
SNAP program?
B. What are EPA's regulations implementing section 612?
[[Page 17346]]
C. How do the regulations for the SNAP program work?
D. Where can I get additional information about the SNAP
program?
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
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 Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Does this action apply to me?
This final rule regulates the use of the chemical HFO-1234yf
(2,3,3,3-tetrafluoroprop-1-ene, Chemical Abstracts Service Registry
Number [CAS Reg. No.] 754-12-1) as a refrigerant in new motor vehicle
air conditioning (MVAC) systems in new passenger cars and light-duty
trucks. Businesses in this end-use that might want to use HFO-1234yf in
new MVAC systems in the future include:
Automobile manufacturers
Automobile repair shops
Regulated entities may include:
Table 1--Potentially Regulated Entities, by North American Industrial Classification System (NAICS) Code
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Category NAICS code Description of regulated entities
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Industry............................. 336111 Automobile Manufacturing.
Services............................. 811111 General Automotive Repair.
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This table is not intended to be exhaustive, but rather a guide
regarding entities likely to be regulated by this action. If you have
any questions about whether this action applies to a particular entity,
consult the person listed in the preceding section, FOR FURTHER
INFORMATION CONTACT.
II. How and why is EPA revising a use condition for HFO-1234yf in MVAC?
EPA's Significant New Alternatives Policy (SNAP) program has a
long-standing approach of requiring unique fittings for use with each
refrigerant substitute for CFC-12 in MVAC systems. This is intended to
prevent cross-contamination of different refrigerants, preserve the
purity of recycled refrigerants, and ultimately to avoid venting of
refrigerant. In the 1996 SNAP rule requiring the use of fittings on all
refrigerants submitted for the use in MVAC systems, EPA urged industry
to develop mechanisms to ensure that the refrigerant venting
prohibition under Clean Air Act (CAA) Section 608 and 40 CFR 82.154 is
observed (61 FR 54032; October 16, 1996). EPA has issued multiple rules
codified in the Code of Federal Regulations (CFR) requiring the use of
fittings unique to a refrigerant for use on ``containers of the
refrigerant, on can taps, on recovery, recycling, and charging
equipment, and on all [motor vehicle] air conditioning system service
ports.'' (See, e.g., appendices C and D to subpart G of 40 CFR part 82)
On March 29, 2011, EPA listed HFO-1234yf as acceptable, subject to
use conditions, for use in MVAC systems in new passenger cars and
light-duty trucks (76 FR 17488). The use conditions contain two
requirements for unique fittings to be used with the refrigerant
containers for HFO-1234yf. First, the rule requires the use of the
unique fittings, specified in SAE International \1\ (herein after, SAE)
standard J639 (February 2011 edition), for use on the MVAC high-side
and low-side service ports. Second, the rule requires use of fittings
consistent with SAE J2844 (February 2011 edition) for connections with
refrigerant containers of 20 lbs (9L) or greater. The March 2011 final
rule does not allow for use of HFO-1234yf with small can taps because
the refrigerant manufacturer had not submitted such fittings for EPA's
review and no industry standards address fittings appropriate for use
with small cans or containers of refrigerant (i.e., less than 5 lbs).
(76 FR 17494-17495)
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\1\ Formerly, the Society of Automotive Engineers.
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In this direct final rule, we are revising the requirement for the
unique fitting (also known as a connection or coupler) to be used with
large refrigerant containers. The new requirement is that containers of
HFO-1234yf for use in professional servicing \2\ of MVAC systems must
be used with fittings consistent with SAE J2844 (October 2011 edition).
The fitting provided in the October 2011 edition of SAE J2844 is a
left-handed screw valve with a diameter of 0.5 inches and Acme
(trapezoidal) thread with 16 threads per inch. We are clarifying that
this unique fitting requirement applies only to containers of HFO-
1234yf for professional servicing of MVAC systems and does not apply to
containers for industrial transfers, e.g., within a chemical
manufacturing company or for delivery to automobile manufacturers,
which use containers larger than 50 lbs or 23 L.
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\2\ Consistent with Subpart B to 40 CFR Part 82, professional
servicing involves being paid to perform service, whether it is for
cash, credit, goods or services.
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EPA recognizes that the fitting in the October 2011 edition of SAE
J2844 is not ``unique'' in its direction and diameter, as per the
criteria for uniqueness mentioned in appendix H to subpart G of 40 CFR
part 82. However, the Acme thread has a trapezoidal shape that makes it
impossible to cross-connect this fitting with others already identified
with the same thread direction and diameter which use different shaped
thread. Therefore, we find this fitting to be unique, and we are
allowing its use on refrigerant containers of HFO-1234yf used for
professional servicing.
A. Revised Standard SAE J2844
SAE International first established the standard SAE J2844, ``R-
1234yf (HFO-1234yf) New Refrigerant Purity and Container Requirements
for Use in Mobile Air-Conditioning Systems'' in February 2011. Shortly
thereafter, the committee responsible for this standard decided that
revisions to the standard were appropriate (June 13, 2011 Letter from
K. Horen, Honeywell). In particular, the committee decided that the
original ``quick-connect'' type fitting addressed in the February 2011
edition of SAE J2844 for refrigerant containers for servicing should be
replaced by a screw-type valve. Quick-connect fittings are more likely
to become dislodged and to release refrigerant without warning to the
service technician. In contrast, if a screw-type valve is not properly
[[Page 17347]]
connected and is releasing refrigerant, there is an audible hiss of
released refrigerant that may give warning to a service technician. SAE
revised the J2844 standard in October 2011 to specify a different,
screw-type valve fitting for refrigerant containers to be used for MVAC
servicing.
We believe that incorporating the revised industry standard is
consistent with the Clean Air Act and, as described above, we believe
that the fitting in the revised industry standard is unique even though
it does not meet all of the criteria specified in appendix H to subpart
G of 40 CFR part 82. Further, the new fittings adopted in the revised
standard may have an environmental benefit by reducing the chance that
an entire container of refrigerant could leak without detection.
Therefore, we are revising the use condition to reference the October
2011 edition of the SAE J2844 standard for purposes of the fittings for
large containers of HFO-1234yf for use in professional servicing.
B. Clarification of Scope of Requirement for Unique Fittings on
Refrigerant Containers
During implementation of the March 2011 final rule, manufacturers
of the refrigerant HFO-1234yf contacted EPA, asking for clarification
of the fitting requirement for refrigerant containers. One manufacturer
stated, based on its understanding, that this requirement was for
containers for ``professional service or service for consideration''
and asked for clarification of this point (June 22, 2011 Letter from S.
Bernhardt, Honeywell). Further, the manufacturer stated that, for
cylinders greater than 50 lbs, it planned to use a specific fitting
approved by the Cylinder Gas Association (CGA 670 fitting), and for
cylinders greater than 450 lbs, industrial fittings would be used (June
13, 2011 Letter from K. Horen, Honeywell). Manufacturers expressed
concerns that the quick-connect fitting in SAE standard J2844 (February
2011 edition) incorporated by reference in the final rule was not
robust enough to use with large refrigerant containers, particularly
containers used for industrial transfer or for bulk packing sent to
automobile manufacturers for initial filling of MVAC systems.
In this direct final rule, we clarify that the requirement for the
unique fittings on refrigerant containers of HFO-1234yf applies to
containers for use for professional servicing. In the ``Further
Information'' column of our decision, we state that, for HFO-1234yf,
refrigerant containers for use in professional servicing are from 5 lbs
to 50 lbs in size. Based on information from the refrigerant
manufacturer, containers larger than 50 lbs would not be intended for
use in professional servicing (June 13, 2011 Letter from K. Horen,
Honeywell). We expect that refrigerant containers for HFO-1234yf larger
than 50 lbs, with a volume larger than 23 liters, are used for
transport and industrial transfer of refrigerant, rather than for
servicing. Under section 4.1.1.2 of SAE J2844 (October 2011 edition),
such cylinders are required to ``comply with the fitting requirements
specified by applicable transportation rules and laws.''
EPA's concerns at the time it first established the requirement for
unique fittings for MVAC substitutes were (1) the potential for cross-
contamination of refrigerant due to mixing and (2) the need for purity
of recycled refrigerant (61 FR 54033). We are also concerned about
unintended incentives for intentional venting because contaminated
refrigerant would no longer be of economic value and because separation
or destruction of cross-contaminated refrigerant costs more than
venting. These are concerns that primarily are implicated during
servicing of the MVAC system. It is far more likely that a technician
might intentionally or unintentionally try to charge equipment with a
different refrigerant during servicing of an MVAC system than that
someone would transfer a refrigerant to a very large container (i.e.,
larger than 50 lbs) containing a different refrigerant. Thus, we
clarify that the requirement for a unique fitting for containers of
HFO-1234yf applies to containers to be used for professional servicing
(sizes of 5 to 50 lbs).
Finally, we note that our final rule listing HFO-1234yf as
acceptable subject to use conditions did not apply to small containers.
The refrigerant manufacturer would need to submit a unique fitting
specifically for use with small can taps and small refrigerant
containers before EPA could determine whether to find use of such small
containers acceptable under SNAP. In addition, such containers could
not be sold until a significant new use notice is submitted to EPA,
consistent with EPA's final significant new use rule for HFO-1234yf
under the Toxic Substances Control Act (October 27, 2010; 75 FR 65987).
III. How does the SNAP program work?
A. What are the statutory requirements and authority for the SNAP
program?
CAA Section 612 requires EPA to develop a program for evaluating
alternatives to ozone-depleting substances (ODS). EPA refers to this
program as the SNAP program. The major provisions of Section 612 are:
1. Rulemaking
Section 612(c) requires EPA to promulgate rules making it unlawful
to replace any class I substance (i.e., chlorofluorocarbon, halon,
carbon tetrachloride, methyl chloroform, methyl bromide, and
hydrobromofluorocarbon) or class II substance (i.e.,
hydrochlorofluorocarbon) 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
unacceptable for specific uses and to publish a corresponding list of
acceptable alternatives for specific uses. The list of acceptable
substitutes is found at http://www.epa.gov/ozone/snap/lists/index.html
and the lists of substitutes that are ``unacceptable,'' ``acceptable
subject to use conditions,'' and ``acceptable subject to narrowed use
limits'' are in subpart G of 40 CFR part 82.
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). The Agency has 90 days to grant or deny
a petition. Where the Agency grants the petition, EPA must publish the
revised lists within an additional six months.
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 new or existing chemicals are introduced into
interstate commerce for significant new uses as substitutes for a class
I substance. The producer must also provide the Agency with the
producer's unpublished health and safety studies on such substitutes.
5. Outreach
Section 612(b)(1) states that the Administrator shall seek to
maximize the use of federal research facilities and resources to assist
users of class I and II substances in identifying and developing
alternatives to the use of
[[Page 17348]]
such substances in key commercial applications.
6. Clearinghouse
Section 612(b)(4) requires the Agency to set up a public
clearinghouse of alternative chemicals, product substitutes, and
alternative manufacturing processes that are available for products and
manufacturing processes which use class I and II substances.
B. What are EPA's regulations implementing Section 612?
On March 18, 1994, EPA published the original rulemaking (59 FR
13044) which established the process for administering the SNAP program
and issued EPA's first lists identifying acceptable and unacceptable
substitutes in the major industrial use sectors (subpart G of 40 CFR
part 82). These sectors--refrigeration and air conditioning; foam
blowing; cleaning solvents; fire suppression and explosion protection;
sterilants; aerosols; adhesives, coatings and inks; and tobacco
expansion--are the principal industrial sectors that historically
consumed the largest volumes of ODS.
CAA Section 612 requires EPA to ensure that substitutes found
acceptable do not present a significantly greater risk to human health
and the environment than other substitutes that are currently or
potentially available.
C. How do the regulations for the SNAP program work?
Under the SNAP regulations, anyone who plans to market or produce a
substitute to replace a class I substance or class II substance in one
of the eight major industrial use sectors must provide notice to the
Agency, including health and safety information on the substitute, at
least 90 days before introducing it into interstate commerce for
significant new use as an alternative. This requirement applies to the
persons planning to introduce the substitute into interstate
commerce,\3\ which typically are chemical manufacturers, but may also
include importers, formulators, equipment manufacturers, or end-
users.\4\ The regulations identify certain narrow exemptions from the
notification requirement, such as research and development and test
marketing (40 CFR 82.176(b)(4) and (5), respectively).
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\3\ As defined at 40 CFR 82.104, ``interstate commerce'' means
the distribution or transportation of any product between one state,
territory, possession or the District of Columbia, and another
state, territory, possession or the District of Columbia, or the
sale, use or manufacture of any product in more than one state,
territory, possession or District of Columbia. The entry points for
which a product is introduced into interstate commerce are the
release of a product from the facility in which the product was
manufactured, the entry into a warehouse from which the domestic
manufacturer releases the product for sale or distribution, and at
the site of United States Customs clearance.
\4\ As defined at 40 CFR 82.172, ``end-use'' means processes or
classes of specific applications within major industrial sectors
where a substitute is used to replace an ODS.
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The Agency has identified four possible decision categories for
substitutes that are submitted for evaluation: acceptable; acceptable
subject to use conditions; acceptable subject to narrowed use limits;
and unacceptable (40 CFR 82.180(b)). Use conditions and narrowed use
limits are both considered ``use restrictions'' and are explained in
the paragraphs below. Substitutes that are deemed acceptable with no
use restrictions (no use conditions or narrowed use limits) can be used
for all applications within the relevant end-uses within 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.'' Entities that use these substitutes without meeting
the associated use conditions are in violation of EPA's SNAP
regulations.
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.'' The Agency requires the user of a
narrowed-use substitute to demonstrate that no other acceptable
substitutes are available for the specific application by conducting
comprehensive studies. A person using a substitute that is acceptable
subject to narrowed use limits in applications and end-uses that are
not consistent with the narrowed use limit is using the substitute in
an unacceptable manner and is in violation of Section 612 of the CAA
and EPA's SNAP regulations.
The Agency publishes its SNAP program decisions in the Federal
Register (FR). EPA publishes decisions concerning substitutes that are
deemed acceptable subject to use restrictions (use conditions and/or
narrowed use limits), or for substitutes deemed unacceptable, as
proposed rulemakings to provide the public with an opportunity to
comment, before publishing final decisions.
In contrast, EPA publishes decisions concerning substitutes that
are deemed acceptable with no restrictions in ``notices of
acceptability,'' rather than as proposed and final rules. As described
in the March 18, 1994, rule initially implementing the SNAP program,
EPA does not believe that rulemaking procedures are necessary to list
alternatives that are acceptable without restrictions because such
listings neither impose any sanction nor prevent anyone from using a
substitute (59 FR 13047).
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, these statements
are not binding for use of the substitute under the SNAP program.
However, regulatory requirements so listed are binding under other
regulatory programs (e.g., worker protection regulations promulgated by
the 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.
D. Where can I get additional information about the SNAP program?
For copies of the comprehensive SNAP lists of substitutes or
additional information on SNAP, refer to EPA's Ozone Depletion Web site
at: www.epa.gov/ozone/snap/index.html. For more information on the
Agency's process for administering the SNAP program or criteria for
evaluation of substitutes, refer to the SNAP final rulemaking published
March 18, 1994 (59 FR 13044), codified at 40 CFR part 82, subpart G. A
complete chronology of SNAP decisions and the appropriate citations is
found at: http://www.epa.gov/ozone/snap/chron.html.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of
[[Page 17349]]
Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore
not subject to review under Executive Orders 12866 and 13563 (76 FR
3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
It contains no new requirements for reporting. However, the Office of
Management and Budget (OMB) has previously approved the information
collection requirements contained in the existing regulations in
subpart G of 40 CFR part 82 under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control
numbers 2060-0226 (EPA ICR No. 1596.08). This Information Collection
Request (ICR) included five types of respondent reporting and
recordkeeping activities pursuant to SNAP regulations: submission of a
SNAP petition, filing a SNAP/TSCA Addendum, notification for test
marketing activity, recordkeeping for substitutes acceptable subject to
use restrictions, and recordkeeping for small volume uses. The OMB
control numbers for EPA's regulations are listed in 40 CFR part 9.
C. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statutes unless the agency certifies that the rule will not have
a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; for NAICS code 336111 (Automobile manufacturing), a small
business has <1000 employees; for NAICS code 336391 (Motor Vehicle Air-
Conditioning Manufacturing), a small business has <750 employees; and
for NAICS code 811111 (General Automotive Repair), a small business has
annual receipts of less than $7.0 million (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by this final rule are small businesses
involved in automotive repair. This final rule will not impose any
requirements on small entities beyond current industry practices.
Today's action effectively ensures consistency with current industry
practices, whereas without these revisions, small businesses would need
to reconcile differences between EPA regulations and industry
standards.
It is not clear that there would be any cost differential between
these new unique fittings, those used with the current automotive
refrigerant, HFC-134a, or other fittings that the automotive industry
could adopt instead. It is possible that the fittings required in the
revised use condition will be less expensive than those required in the
March 29, 2011 final rule because they are a standard shape and size
easily produced in a metal-working shop. Thus, cost impacts of this
final rule on small entities are expected to be small. This final rule
is expected to relieve burden for some small entities, such as
automotive repair shops, by avoiding confusion over which fittings to
use and by using a more robust fitting that allows quick detection of
any leaks from the valve.
Although this final rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. EPA has
worked together with SAE International and with groups representing
professional service technicians such as the Mobile Air Conditioning
Society Worldwide, which conducts regular outreach with technicians and
owners of small businesses such as retail refrigerant suppliers and
automobile repair shops.
D. Unfunded Mandates Reform Act
This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
This final rule will not impose any requirements beyond current
industry practices, and thus, compliance costs are expected to be
small. Thus, this rule is not subject to the requirements of sections
202 or 205 of UMRA.
This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The requirements of
this rule apply to the servicing of motor vehicle air conditioning
systems. The requirements of this rule for unique fittings are expected
to be comparable in cost to those of current fittings. Requirements
would be the same as those imposed on any other entity performing
servicing on motor vehicle air conditioning systems.
E. Executive Order 13132: Federalism
This final rule 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,
as specified in Executive Order 13132. This regulation applies directly
to facilities that use these substances and not to governmental
entities. Thus, Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It does not
significantly or uniquely affect the communities of Indian tribal
governments, because this regulation applies directly to facilities
that use these substances and not to governmental entities. Thus,
Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to EO 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in EO
12866, and because the Agency does not believe the environmental health
or safety risks addressed by this action present a disproportionate
risk to children. This action only concerns allowing use of a specific
fitting that may reduce technician's exposure in the course of
professional servicing of MVAC systems. Therefore, we did not conduct
further health or risk assessments beyond those in the original
rulemaking (March 29, 2011; 76 FR 17488).
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant
[[Page 17350]]
regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, Section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This rulemaking involves technical standards. EPA has decided to
use SAE International's SAE J2844 standard, ``R-1234yf (HFO-1234yf) New
Refrigerant Purity and Container Requirements for Use in Mobile Air-
Conditioning Systems''. This standard can be obtained from http://www.sae.org/technical/standards/. This standard addresses, among other
things, appropriate fittings and other requirements for refrigerant
containers for use in professional servicing of MVAC systems using the
alternative refrigerant HFO-1234yf.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This final rule requires specific use conditions for
unique fittings for use with refrigerant containers for professional
servicing of MVAC systems, for those servicing MVAC systems using this
low GWP refrigerant alternative. It does not directly affect the amount
of exposure to or emissions of HFO-1234yf expected.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective May 21, 2012.
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Reporting and
recordkeeping requirements, Stratospheric ozone layer.
Dated: March 15, 2012.
Lisa P. Jackson,
Administrator.
For the reasons set out in the preamble, 40 CFR part 82 is amended
as follows:
PART 82--PROTECTION OF STRATOSPHERIC OZONE
0
1. The authority citation for Part 82 continues to read as follows:
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
Subpart G--Significant New Alternatives Policy Program
0
2. Appendix B to subpart G of part 82 is amended by revising the entry
for the substitute HFO-1234yf and by revising a note at the end of the
first table to read as follows:
[[Page 17351]]
Appendix B to Subpart G of Part 82--Substitutes Subject to Use
Restrictions and Unacceptable Substitutes
Refrigerants--Acceptable Subject to Use Conditions
----------------------------------------------------------------------------------------------------------------
Application Substitute Decision Conditions Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
CFC-12 Automobile Motor HFO-1234yf as a Acceptable Manufacturers must Additional training
Vehicle Air Conditioning (New substitute for subject to use adhere to all of the for service
equipment in passenger cars CFC-12. conditions. safety requirements technicians
and light-duty trucks only). listed in the recommended.
Society of Observe requirements
Automotive Engineers of Significant New
(SAE) Standard J639 Use Rule at 40 CFR
(adopted 2011), 721.10182.
including HFO-1234yf is also
requirements for: known as 2,3,3,3-
unique fittings, tetrafluoro-prop-1-
flammable ene (CAS No 754-12-
refrigerant warning 1).
label, high-pressure Refrigerant
compressor cutoff containers of HFO-
switch and pressure 1234yf for use in
relief devices. For professional
connections with servicing are from 5
refrigerant lbs (2.3 L) to 50
containers for use lbs (23 L) in size.
in professional Requirements for
servicing (that is, handling, storage,
service for and transportation
consideration, of compressed gases
consistent with apply to this
subpart B to 40 CFR refrigerant, such as
part 82), use regulations of the
fittings consistent Occupational Safety
with SAE J2844 and Health
(revised October Administration at 29
2011). CFR 1910.101 and the
Department of
Transportation's
requirements at 49
CFR 171-179.
Manufacturers must Requirements for
conduct Failure Mode handling, storage,
and Effect Analysis and transportation
(FMEA) as provided of compressed gases
in SAE J1739 apply to this
(adopted 2009). refrigerant, such as
Manufacturers must regulations of the
keep the FMEA on Occupational Safety
file for at least and Health
three years from the Administration at 29
date of creation. CFR 1910.101 and the
Department of
Transportation's
requirements at 49
CFR 171-179.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Note: The use conditions in this appendix contain references to certain standards from SAE International. The
standards are incorporated by reference and the referenced sections are made part of the regulations in part
82:
1. SAE J639. Safety Standards for Motor Vehicle Refrigerant Vapor Compression Systems. Revised February 2011.
SAE International.
2. SAE J1739 JAN2009. Potential Failure Mode and Effects Analysis in Design (Design FMEA), Potential Failure
Mode and Effects Analysis in Manufacturing and Assembly Processes (Process FMEA). Revised January 2009. SAE
International.
3. SAE J2844 OCT2011. R-1234yf (HFO-1234yf) New Refrigerant Purity and Container Requirements for Use in Mobile
Air-Conditioning Systems. Revised October 2011. SAE International.
The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. You may obtain a copy from SAE Customer Service, 400 Commonwealth Drive, Warrendale, PA
15096-0001 USA; email: [email protected]; Telephone: 1-877-606-7323 (U.S. and Canada only) or 1-724-776-
4970 (outside the U.S. and Canada); Internet address: http://store.sae.org/dlabout.htm. You may inspect a copy
at U.S. EPA's Air Docket; EPA West Building, Room 3334; 1301 Constitution Ave. NW.; Washington, DC or at the
National Archives and Records Administration (NARA). For questions regarding access to these standards, the
telephone number of EPA's Air Docket is 202-566-1742. For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_ locations.html.
* * * * *
[FR Doc. 2012-6916 Filed 3-22-12; 4:15 pm]
BILLING CODE 6560-50-P